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2011-09-06
~~i1~1 E IDIAN-- I~A~I CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 06, 2011 at 7:00 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. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of August 9, 2011 City Council PreCouncil Meeting B. Approve Minutes of August 9, 2011 City Council Workshop Meeting C. Approve Minutes of August 16, 2011 City Council Regular Meeting D. Approve Minutes of August 23, 2011 City Council Regular Meeting E. Approval of Award of Contract Amendment No. 2 for Liquid Emulsion Polymer for the Not-To-Exceed Amount of $121,600.00 F. Water and Sewer Easement for Les Schwab Located at 3550 E. Tecate Lane Meridian City Council Meeting Agenda -Tuesday, September 06, 2011 Page 1 of 4 All materials presented at public meetings shall become property of the Cily of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Pathway Easement to the City of Meridian Near Ustick/Linder Roads from Ada County Highway District (ACRD) H. License Agreement Between the City of Meridian and Ada County Highway District (ACRD) for Pathway Easement Connecting Zebulon Heights and Settlement Bridge Subdivisions Approval of Award of Contract Amendment No. 2 for Ferric Chloride Solution for the Not-To-Exceed Amount of $100,000.00 J. Meridian Potable Water Discharge Agreement with Boise Project Board of Control K. Resolution No. 11-801: A Resolution Adopting the Fund Balance Policy for the City of Meridian L. Final Order for Approval: TEC 11-003 Messina Meadows Subdivision by Brighton Corporation Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat M. Findings of Fact, Conclusions of Law for Approval: VAR 11- 002 Regency at River Valley by The Regency at River Valley, LLC Located at 2500 N. Eagle Road Request: Variance to Unified Development Code (UDC) 11-3H-4B to Allow a Temporary Right-inlRight-out Access for the Site via N. Eagle Road N. Ratification of Professional Services Agreement with RIA Fox, Inc. for Internet and Mobile Device Enabled Application Design and Code Drafting for an Amount Not-to-Exceed $5,000.00 O. Professional Services Agreement between the City of Meridian and TAG Historical Research & Consulting (alb/n The Arrowrock Group, Inc.) in Conjunction with the Historical Preservation Commission P. Amended onto the Agenda: Approval of New BeerlWine License Application for Red Star Hospitality dba Muse located at 1435 N. Eagle Rd. Meridian City Council Meeting Agenda -Tuesday, September 06, 2011 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Community Items/Presentations A. Presentation by Representatives of Tuscany Subdivision Regarding Water Reservoir Site 7. Items Moved From Consent Agenda 8. Action Items A. Public Hearing: AP 11-003 Joint School District No. 2 Central Drive Access by Joint School District No. 2 Located at 1303 E. Central Drive: Request for City Council Review of the Director's Decision to Deny the Certificate of Zoning Compliance to Construct a Third Access Point to E. Central Drive, a Designated Collector Street, in Accord with UDC 11- 3A-3 Approved 9. Department Reports A. Legal Department: Sanitary Services Corporation: Annual Rate Adjustment for Solid Waste Collection Services B. Legal Department: Senior Center Transportation Agreement Approved C. Legal Department: Senior Center Equipment Request D. Planning/Legal Department: Discussion of Termination of Development Agreements E. Planning Department: Discussion on Possible Ada County Highway District Joint Meeting Topics 10. Ordinances A. Second Reading of Ordinance No. 11-1488: Precious Metal Dealers B. Ordinance No. 11-1492: An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Allow for Retail Wine and Beer Shops to Offer Servings of Such for Purchase by the Bottle or by the Glass Approved Meridian City Council Meeting Agenda -Tuesday, September 06, 2011 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office al 8884433 at least 48 hours prior to the public meeting. C. Ordinance No. 11-1493: An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Encourage the Use of Water-Conserving Landscape Designs Approved D. Ordinance No. 11-1494: An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Allow Dispatch Centers for Mobile Services Approved 11. Future Meeting Topics 12. Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(a) To Consider Hiring a Public Officer, Employee, Staff Member or Individual Agent, Wherein the Respective Qualities of Individuals are to be Evaluated in Order to FiII a Particular Vacancy or Need Into Executive Session at 8:18 p.m. Out of Executive Session at 8:47 p.m. Adjourned at 8:47 p.m. Meridian City Council Meeting Agenda -Tuesday, September 06, 2011 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop September 6 2011 A meeting of the Meridian City Council was called to order at 7:02 p.m., Tuesday, September 6, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bill Parsons, Tom Barry, Warren Stewart, Tracy Basterrechea, 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: Thank you for waiting for us. We appreciate you being here. I will go ahead and open our Tuesday, September 6, meeting first by welcoming you and next by roll call attendance, 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 to our flag. (Pledge of Allegiance recited.) Item 2: Pledge of Allegiance by Tim Brackus; Scout Troop 62 with the United Methodist Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Burton Roberts. He is retired, but he was with Meridian Gospel Tabernacle. It's always a pleasure to see you. Roberts: Thank you. It's always good to be here. Let us pray. Most gracious and kind Heavenly Father, it's our privilege to come to you and invoke your presence in these proceedings. We are so thankful, God, to have the privilege of living in Meridian and we thank you that we can count on your many blessings to our lives and to our community. So, Father, we come to you tonight to continue to bless, guide, lead and direct us each one. We ask all these things in Jesus' wonderful and mighty name, amen. God bless you. Item 4: Adoption of the Agenda Meridian City Council September 6, 2011 Page 2 of 30 De Weerd: Thank you. Item No. 4 is adoption of the agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on tonight's agenda. Under the Consent Agenda, Item 5, 5-K is resolution number 11-801. We are adding on 5-P, which is approval of new beer and wine license application of Red Star Hospitality dba Muse, located at 1435 North Eagle Road. So, that is added. Under Item 10, Ordinances, 10-B is Ordinance No. 11-1492. 10-C is Ordinance No. 11-1493. And 10-D is Ordiriance No. 11-1494. We will also add an Item 12 and that is an Executive Session under Idaho Code 67- 2345(1)(a). So, with those, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of August 9, 2011 City Council PreCouncil Meeting B. Approve Minutes of August 9, 2011 City Council Workshop Meeting C. Approve Minutes of August 16, 2011 City Council Regular Meeting D. Approve Minutes of August 23, 2011 City Council Regular Meeting E. Approval of Award of Contract Amendment No. 2 for Liquid Emulsion Polymer for the Not-To-Exceed Amount of $121,600.00 F. Water and Sewer Easement for Les Schwab Located at 3550 E. Tecate Lane G. Pathway Easement to the City of Meridian Near Ustick/Linder Roads from Ada County Highway District (ACRD) Meridian City Council September 6, 2011 Page 3 of 30 H. License Agreement Between the City of Meridian and Ada County Highway District (ACRD) for Pathway Easement Connecting Zebulon Heights and Settlement Bridge Subdivisions Approval of Award of Contract Amendment No. 2 for Ferric Chloride Solution for the Not-To-Exceed Amount of $100,000.00 J. Meridian Potable Water Discharge Agreement with Boise Project Board of Control K. Resolution No. 11-801: A Resolution Adopting the Fund Balance Policy for the City of Meridian L. Final Order for Approval: TEC 11-003 Messina Meadows Subdivision by Brighton Corporation Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat M. Findings of Fact, Conclusions of Law for Approval: VAR 11- 002 Regency at River Valley by The Regency at River Valley, LLC Located at 2500 N. Eagle Road Request: Variance to Unified Development Code (UDC) 11-3H-4B to Allow a Temporary Right-in/Right-out Access for the Site via N. Eagle Road N. Ratification of Professional Services Agreement with RIA Fox, Inc. for Internet and Mobile Device Enabled Application Design a'nd Code Drafting for an Amount Not-to-Exceed $5,000.00 O. Professional Services Agreement between the City of Meridian and TAG Historical Research & Consulting (a/b/n The Arrowrock Group, Inc.) in Conjunction with the Historical Preservation Commission P. Amended onto the Agenda: Approval of New Beer/Vlline License Application for Red Star Hospitality dba Muse located at 1435 N. Eagle Rd. De Weerd: Item 5, our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council September 6, 2011 Page 4 of 30 Hoaglun: As noted on our Consent Agenda, Item 5-K is resolution number 11-801 and we are adding in 5-P, approval of the new beer and wine license application for Red Star Hospitality, dba Muse, located at 1435 North Eagle Road. So, with those additions, Madam Mayor, I move approval of the Consent Agenda and the Mayor to sign and Clerk attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Presentation by Representatives of Tuscany Subdivision Regarding Water Reservoir Site De Weerd: Item No. 6 under Community Presentations, tonight we have Mr. Tomzak here with us and I would invite him forward at this time. Thank you for joining us. Tomzak: Hi. Thank you for having me. De Weerd: If you will, please, state your name for the record. Tomzak: Sure. My name is Dick Tomzak, I'm a resident here of Meridian and I'm here on behalf of a group of citizens that are opposed to the location of the water tower at the intersection of Locust Grove and Victory. The Council has been kind enough to hear what our group had to say for the last nine months and at our last meeting with your Public Works group we were informed that they are now taking the criteria -- objections that we had under study and looking at some of the alternative sites. So, we were, pleased to hear that and as a culmination of our effort in the last nine months, we would like to present the City Council with 336 neighborhood -- neighbors' petitions that are opposed to this existing site -- or that site that was originally proposed. De Weerd: Thank you, Mr. Tomzak. If you can present that to our city clerk, she will stamp it into the record and it will be part of our public documents. Tomzak: Okay. Thank you very much. Appreciate it De Weerd: Thank you. Meridian City Council September 6, 2011 Page 5 of 30 Tomzak: Thank you. De Weerd: Thank you again forjoining us. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: AP 11-003 Joint School District No. 2 Central Drive Access by Joint School District No. 2 Located at 1303 E. Central Drive: Request for City Council Review of the Director's Decision to Deny the Certificate of Zoning Compliance to Construct a Third Access Point to E. Central Drive, a Designated Collector Street, in Accord with UDC 11- 3A-3 De Weerd: So, I will move to Item No. 8 under Action Items. We have a public hearing on AP 11-003. I will open the public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Good evening. The application before you tonight is a request of a denial that the planning director had issued for this site and I use the term denial loosely. Basically, what we have here is a property that was developed back in 2000 as the Jabil Circuit building. With the development of that site there were two access points approved with that. That's when the annexation also came and when the property was also annexed into the city I might add and so now over the years -- last several years the intensity of uses on the property has definitely increased with the addition of Idaho State University and, of course, Renaissance High School and so the school district is before you this evening basically requesting to propose a third curb cut. On the exhibit before you this evening you can see I have highlighted the two existing curb cuts and, then, along the western boundary that's where they are proposing a third curb cut. Typically, this is a staff level approval, but because the ordinance requires us to restrict access to either a collector or an arterial street, the director had no other option but to not approve that curb cut and they chose to appeal to you this evening. I would point out to Council that ACHD has looked at this application and this new -- the proposed curb cut will meet their separation requirements for accesses or curb cuts to collector streets, so if it's your desire to approve it this evening, then, certainly all the applicant would have to do is move forward with a permit from ACHD and they could go ahead and construct that. Staff has not received any additional written testimony on this application and to stafFs knowledge there aren't any other outstanding issues before you this evening and with that I would be happy to answer to any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Meridian Cily Council September 6, 2011 Page 6 of 30 Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Breckon: John Breckon, Breckon Land Design, 181 East 50th Street, Garden City. De Weerd: Thank you. Do you have anything you would like to add on this item? Breckon: I do not, Madam Mayor. Bill pretty well summed it up. I think we are ready to move ahead. We have got -- we have the construction documents finished and ACHD has approved it, so we are hoping that you will approve as well. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Thank you for being here. Breckon: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Seeing none, staff, anything further? Parsons: No, Mayor. De Weerd: Thank you, Bill. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Hearing none I move we close the public hearing on AP 11-003. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES.. Meridian Cily Council September 6, 2011 Page 7 of 30 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve AP 11-003 and include staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. If there is no discussion from Council, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Legal Department: Sanitary Services Corporation: Annual Rate Adjustment for Solid Waste Collection Services De Weerd: Under Item 9, Department Reports, we will start with our Legal Department and our SSC presentation. Nary: Thank you, Madam Mayor, Members of the Council. You have in your packets a memo from SSC. This is in regards to the rate increase that's contemplated by our franchise agreement with SSC. I believe -- and I may be incorrect, but I believe they have not had a rate increase in three years? Yeah. Three years. So, if you noticed in the methodology, basically, in our contract it allows us to adjust based on the consumer price index and there is a couple of other formulas that they use, but, basically, what it comes down to there are two new fees that are being proposed and an overall residential fee increase of 30 cents per month for each of the three levels of collection service that people receive for the various size of waste cans. The two new fees, one is for a carry out service. What they find in some locations that the people of residents for -- and they make it clear in here that if there is a medical reason, if they provide documentation or proof to SSC, they won't charge for the service, but there are some folks that just don't like to take their cans out, they have -- usually the circumstances that I understand is like a long driveway and sometimes they don't like to have to wheel their cans down to the curb, so SSC has to actually drive either a truck all the way down their driveway or the driver has to get out and go get their can, bring it all the way out to the curb. So, they are proposing a fee of 60 dollars a month for that service and looking at the local area, the larger collection company in the valley charges even more than that for that type of service. So, they felt that was a marketable rate based on their time and the time to pay the driver, the time it takes to do that. The second is the turnaround compactors and that's just a style of commercial compactors, it requires them to, Meridian City Council September 6, 2011 Page 8 of 30 essentially, hook up to it twice, instead of once, to be able to dump it and so they felt that it was appropriate to add an increased cost for that, because it takes longer, again, to do that. Those two we would, then, have to advertise as new fees, but the other ones don't require any additional advertising, because they were less than five percent. They were actually a 2.82 percent increase. So, if you find that acceptable, you can approve those to whatever date certain that's being requested and, then, we can advertise the other two fees and add those on as well. Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And Mr. Nary. My question would be on the -- not just the charge for going some distance into the private property to retrieve a can, but the liability aspect. Is -- is the customer required to sign a liability waiver if -- if SSC's truck is going to be traveling some distance on their property or even if the employee is going to walk up the driveway and pull the can to the curb -- I'm sure everybody assumes that SSC is part of the city, even though they are a private contractor and is SSC and are the city covered for liability if somebody thought something got damaged on their property? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, that's a great question. From what lunderstand -- I wasn't present for the discussion, but I think they have been doing this and -- because just as a service and they have I think come to the conclusion that they can't continue to do this. They have not received any liability waiver or anything like that. So, I think they certainly have covered the city for any claim against the city if someone were to believe -- they are a city entity and, therefore, we have a responsibility for their actions. SSC has indemnified us, so we don't have any outstanding issue with that. Their insurers would cover them as well. I would -- I would be happy to suggest to them that they consider any service they provide like that, that they get their own coverage -- or their liability waiver, which would be simple to do. If you sign up for that service here is part of the conditions to do it and, again, haven't talked to them directly about that. My guess is their Council would tell them the same thing and so I can at least cover that base with them to make sure that's at least been thought of. Zaremba: Great. Thank you. De Weerd: Other questions from City Council? Bird: I have none. De Weerd: Now, I guess I will ask for our Solid Waste Advisory Council liaison's remarks, but if we have to -- if -- there is the new fee and we are going to be asking for public comment on that, would it not just be prudent to hold this in full and have any adjustment available for public discussion? Meridian City Council September 6, 2011 Page 9 of 30 Nary: Madam Mayor, Members of the Council, you certainly -- that's within your option to do. There is certainly nothing prohibiting that. I think we can likely get it advertised adequately. They were recommending October 1 for the effective date and, unfortunately, Mrs. Glenn isn't here. I don't know. I have had a time keeping track. Doing it on the 1st of the month makes sense to us, but I don't know that actually in the billing cycle it would probably be later than the 1st anyway. We could certainly get a public hearing advertised on the new fees prior to October 1. So, we can take action prior to October 1st anyway. And it would just go into effect as soon as the billing period starts after October 1st. De Weerd: Well, I think if we are inviting public comment it would make sense to have it all as one package. Nary: Certainly. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: My recollection is that was the discussion of the SWAC, Solid Waste Advisory Committee, that it probably would be put forth in terms of either a public meeting or a public hearing, since it involves the rate, particularly the new fees, and I don't think there was any urgency expressed and SSC understands that and they also understand the terms of the contract with the city is that they have an escalator for their rate for an adjustment based on the CPI index, which has had a slight increase this last year. So, they are just following through with the contract we have with them. De Weerd: Okay. Any additional comments or questions? Okay. Direction from City Council to move the -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I suggest we do -- let's do just what you suggested, let's get it to public hearing and listen to it and get it done as soon as we can. De Weerd: Okay. Mr. Nary, if you can work with my office in making sure that we get this -- a press release and get this information out. Nary: Absolutely, Madam Mayor. We will take care of getting the noticing done through the clerk's office, so we get a date set and we will work with your office to get -- make sure that gets a public notice as well. De Weerd: Thank you very much. Meridian City Council September 6, 2011 Page 10 of 30 B. Legal Department: Senior Center Transportation Agreement C. Legal Department: Senior Center Equipment Request De Weerd: Item No. 9-B is also under our Legal Department. Actually, 9-B and 9-C. So, I will turn this over to Mr. Nary for an introduction on these two items. Nary: Thank you, Madam Mayor, Members of the Council. You have two items before you regarding our senior center and there are representatives of the senior center here tonight. On your table in front of you is a recipient agreement and if you recall in the past we have had discussions about any entity that receives funds from the city, that we would enter into a recipient agreement that they agree to certain conditions of, essentially, accounting for those public funds that they are using and the senior center in the past traditionally has received funds from the city in relation to their transportation program and I will certainly let the senior center representative explain the specifics, but -- so, they provide transportation to their -- their patrons for the various programs that they have at the senior center and the way it has worked traditionally was they would pay for -- their fiscal year runs differently than the city, so they would pay for those services in their fiscal year and the city would, then, reimburse for some of those costs in our fiscal year. So, what's in front of you is a recipient agreement and what's intended is that the recipient agreement would be a base agreement that wouldn't likely change from year to year. There is an attachment to this agreement that's entitled Appendix A that relates to the transportation costs that have been incurred by the senior center facility in their fiscal year that they are seeking reimbursement from the city for those funds. Not an issue of any sort in reimbursing for those types of things, so this is fairly common as we have done in the past, all we have asked for now is a more clearer accounting of those proceeds and how the funds have been expended and their accountant with the senior center has had a couple of conversations with our chief financial officer, so that they are both clear on what's necessary and some of the things that the city would bear some of the costs for some of those reporting requirements, because it's something outside of what they are normally required to do for their other funds. In addition, the Item C on your agenda is for equipment. With the new facility that's getting constructed in Kleiner Park, the senior center is seeking some assistance from the city in relation to some of the equipment that they would need in regards to their kitchen catering operation that they are going to establish in that facility and since we hadn't previously provided funding for that specific need, we felt it was most appropriate to have that conversation with you and make sure that's the direction you want to do. Because the senior center facility in Kleiner Park won't be opening this fiscal year, it's probably not necessary -- or at least I didn't think it was necessary to incorporate that into this current agreement or this current appendix, but it would likely come back to you in our next fiscal year, which begins in about three weeks, when they have actual costs, actual requests for reimbursement based on what was expended, so we would likely see it again in the next year for both, again, transportation costs and they want to talk a little bit about that and what -- those changes that may occur next year, as well as equipment cost. So, with that really long introduction, base agreement, the appendix for this year that we are seeking approval from you tonight, if it's Meridian City Council September 6, 2011 Page 11 of 30 acceptable to the senior center's representative and, then, the discussion about the future year and future funding. De Weerd: Thank you. Cindy? Or -- I see Veronica is here as well. Thank you for joining us. Cindy, if you can state your name and address for the record. Hill: You bet. Cindy Hill. 1226 West Emmy Court in Kuna, Idaho. Members of Council, Mayor, just what is before you is the transportation cost that we have incurred this past fiscal year -- will incur this year and, basically, the transportation is to provide those seniors that are homebound an opportunity to be able to be -- to come to the senior center for socialization and for a daily meal. A lot of times this is their only socialization that they have and, basically, their only meal that they -- they receive. So, that's -- our transportation funds also include to be able to do grocery runs in case there are some seniors that just feel that they need to pick up a prescription and they can pick up a prescription at the -- at the store. De Weerd: Council, any questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a quick question. Cindy, when the new senior center opens, I mean that's quite the facility compared to what you have now. Do you anticipate higher utilization and maybe more --higher transportation costs down the road? Hill: Yes, we do. In fact, we are looking at the possibility of putting both of our buses in. Right now we have a ten seater bus and, then, we also have a 16 seat bus. Within -- you know, just going through the moves and understanding the population and what we will be dealing with will determine whether or not we put that second bus in order. Hoaglun: Okay. Great. Thank you. De Weerd: Anything further on this item? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Now, Cindy, you're asking for the 16,950 for fiscal year 2011? Hall: Yes. Bird: That's the one that finishes -- Hall: We are just finishing now. Meridian City Council September 6, 2011 Page 12 of 30 Bird: Okay. We haven't paid you anything this year? Hall: No. Bird: Okay. And you have read this agreement? Hall: Yes, I have. Bird: And you -- you and the board agree to it? Hall: Yes. Bird: Okay. Thank you. De Weerd: Okay. Mr. Zaremba? Zaremba: We sort of have two different subjects going here. I will comment on one first and, then, ask a question about the other one. I certainly am in favor of supporting the transportation program. I say often Meridian is the largest city in Idaho that doesn't have a public transportation system within our borders and this provides a very needed service to our citizens and if Meridian can support that I'm all in favor of it. You do understand that we do answer to the taxpayers and that's why we are asking for the accounting of where it goes -- Hall: Definitely. Bird: -- because in our goal to be as clear as we can with everything that's why we are asking for all of that. So, I'm very much in favor of that. On the other subject of providing equipment, Ijust -- I just need to ask either you or I guess Mr. Nary or both -- I guess my concern is your goal is to have income from the use of this -- Hill: Yes. That's correct Zaremba: -- and that puts me in question of whether the city can actually contribute to that, unless it's in the nature of a loan that might be paid back over time or -- and I realize you're not really planning to get into this discussion until next year, but I do have a couple questions that need to be answered for me in -- I see the clear benefit of the transportation issue to all of our citizens. I need to have an explanation of the benefits of -- to our citizens of subsidizing something that you will have income from. I don't know if that's a -- Hill: No. That's a -- Zaremba: -- interpretable question. Meridian City Council September 6, 2011 Page 13 of 30 Hill: That's a good question. And, actually, we haven't come to that discussion. We were just -- in the fact that we don't have any equipment in there right now is -- that's where we are coming from with that. But, sure, we understand the fact that we will be using that as a sustainable income, because that comes into play with -- with what your question is. And we just -- right now we haven't had that discussion. Zaremba: Okay. I guess my question is is that okay. I understand the purpose, but -- Nary: Madam Mayor, Members of the Council, Council Member Zaremba, within some limitations I think it certainly would be okay. I think you asked the exact question that I think the Council would have to answer is what is the public benefit to that. What is the public's value that they are receiving and that's something I think when you get the specifics of what those are or prior to them maybe -- if this is a funding source that is significant to them being able to make this operation work, then, probably having that discussion with you prior to making purchases would probably be a wise thing to make sure that this Council is comfortable that there is a public benefit that you're providing and especially -- again, I think you hit it right on, that the -- you're talking about essentially two different things, you're talking about a start up, so the cost of actually putting in this facility, and, then, secondarily, ongoing cost. So, what's the city's roll in that in either the start up piece or an ongoing piece or both and, then, again, what's the public's value or benefit they are receiving from it. That probably would be a very worthy discussion, whether it's tonight or tonight and other nights -- another night as well, would make sense. Maybe before they get too invested in it, but I -- but I think that's exactly what the Council has to answer is what's the public's value of that. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I learned today that there are two full kitchens in the new senior center, one for catering, one's primarily going to be for meals for the seniors and if that isn't a public benefit I don't know what is. So, I think we have a good connection there for future discussion. I don't know that we need to belabor this, we have heard that the senior center and board has read and agreeable to the recipient agreement. Therefore, I would move that we authorize the Mayor to sign and the Clerk to attest upon receipt of signature from the senior center and further authorize the reimbursement of 16,950 dollars for transportation for FY -- Zaremba: Second. Rountree: --'11. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian Cily Council September 6, 2011 Page 14 of 30 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: So, I guess, Cindy, as you come back with the kitchen equipment I think it will be important information for City Council and to the public to show how many meals are served and that's just not those -- the bodies that come into the center, but also the Meals On Wheels program. Hill: Okay. De Weerd: So, that will be good information to have. Hill: Okay. De Weerd: And, then, what -- what equipment you're asking the capital expenditure for. Hill: Okay. All right. De Weerd: Anything else, Council, you would like to -- Rountree: No. De Weerd: -- included? Mr. Bird. Bird: The only thing I -- regarding the equipment is -- is they are going to have two kitchens in there, one's going to be for Meals On Wheels and what they feed and the other one's for catering. Hill: Yes. Or fundraising. Bird: Are we going to have duplicate -- what are -- I mean Meals On Wheels or whoever that is going to have their -- furnish the equipment I think and what -- what kind of equipment are you expecting to -- to furnish the whole hoods and all that kind of stuff? Hill: No. The hoods will -- Bird: That's the thing that we need to know. Hill: Okay. That's the kind of information? Bird: The business plan. Yes. Hill: Okay. Okay. Excellent. Meridian City Council September 6, 2011 Page 15 of 30 Bird: I didn't think you wanted us to put up a complete commercial kitchen. Hill: No. It would be nice if you wanted to, though. Bird: I don't think our taxpayers would like that. Hill: Okay. Okay. Bird: They don't come cheap. De Weerd: Okay. Any other information that you would like to receive? Rountree: No. I think I'd wrap it up. Bird: Thanks, Cindy. De Weerd: Okay. Thank you. Hill: Thank you, Council and Mayor. Rountree: Thank you. D. Planning/Legal Department: Discussion of Termination of Development Agreements De Weerd: Thank you. Okay. Item 9-D is under Planning and Legal Department and I will turn this over to Caleb. Hood: Madam Mayor, this is the Bill Nary show and he's going to take the lead, so -- Nary: Madam Mayor, Members of the Council, this is based on a specific request, as well as more of a larger global discussion about development agreements. Mr. Clegg is in the audience and Iwill -- if I get this wrong Mr. Clegg can correct me. Mr. Clegg is the current developer of the Springhill Manor? Is that the name of it? Okay. And part -- and he's in the process of selling that business to another provider of assisted living facilities. One of those conditions that the seller -- the buyer would like is to not have a development agreement restrictions on the property. So, I had a conversation with Mr. Clegg about a week ago and we don't -- we have language in our development agreements that allows the city to terminate the agreement at the Council's direction. It doesn't grant administrative authority to do that. So, Mr. Clegg and I had a discussion about who has the authority to terminate or alter the conditions of a development agreement and I told him that we have always had --the Council makes all of those final decisions, whether to amend it or not to amend it, whether to terminate or not. However, after a public hearing, because all of our development agreements are a part of an annexation process which is a public hearing, all of our amendments or even Meridian City Council September 6, 2011 Page 16 of 30 termination of development agreements have always been done as part of a public hearing. So, it has been noticed for a public hearing. I don't know the date off the top of my head. I think it's the 27th of this month. But Mr. Clegg did ask the question, because based on the current change in the marketplace he felt that that type of action sometimes can be very restrictive on their opportunities or abilities to transact business the way that needs to be done and I told him I certainly didn't profess to know what the business or the banking industry does these days, so I'm not going to presume to know the answer to that and I told him I was going to ask you if you felt comfortable in wanting to either grant administrative authority in this case or administrative authority in the future, we would have to definitely alter our current state of development agreements. That being said, I can't recommend that we do it administratively anyway. Most of the time the problems that we find on development agreements we sometimes don't discover them until we have a public hearing. As you probably all recall, we have had more than one development agreement, whether it was to amend it or to terminate it, that all the parties, including the city and sometimes the developer thought everybody was satisfied that all conditions had been met and yet a neighbor comes and says my water isn't getting delivered like it used to or they built the box in the wrong place or the gate's closed or whatever and there is usually something that we didn't know and even the developer may not have known was a problem and we didn't discover it until we had a public hearing. So, it's very -- it would be very concerning to me or for a staff level person to make that decision without public input. That being said -- and I'll let Planning maybe have the rest of the Caleb show, is there are ongoing issues in the development agreements that sometime the -- the whole purpose of them is not to deal with one development, it's usually to deal with that property for a long time into the future and the conditions we place on those properties through development agreements are sometimes our only mechanism or ability to enforce those requirements. We may not have -- and I will steal Caleb's thunder. For example, in our -- in our development agreements we require landscaping for certain types of development. We require you to maintain your landscaping. We don't have an ordinance that requires you to maintain landscaping. We don't have an ordinance that requires you to water your grass. We have an ordinance that requires you to not let your grass grow more than eight inches tall and be full of weeds, but we don't require you to maintain it, except through a development agreement. So, if you eliminate it, then, you no longer have any restrictions on that property that maybe your only tool for certain things. Now, there may be things -- again, I want to get to Mr. Clegg, because we will deal with that specifically when we get to the public hearing, but that's the kind of dialogue we had at staff is where we are concerned about doing that, but that's I think something for your public hearing. All we are asking tonight was -- I told Mr. Clegg I'd ask the question whether you felt administratively the Council would be -- direct that either individually or globally or you wanted to consider that for a future discussion and, again, we are set to put that matter before you in a public hearing later this month on this specific development agreement and whether the conditions could be terminated or whether they should be amended or whatever the staff may recommend at that point. So, I don't know if Caleb has any other issues to bring up from planning's perspective. And Mr. Clegg is here if you wanted to give him an opportunity to explain what his concerns were. Meridian Cily Council September 6, 2011 Page 17 of 30 De Weerd: Thank you. Caleb? Hood: Madam Mayor, Members of the Council. I think Bill covered most of our concerns pretty adequately. I do have some concern -- not specifically with this request, but in general administratively, like Bill mentioned, I mean just the transparency aspect of it. We can go and check. If a fence that's required got put in, but there may be issues we aren't aware of that if we are given that authority administratively to terminate a development agreement, I don't think that's very transparent for neighbors that may have issues with that. So, I think it's cleanest if -- if we kind of leave things the way we currently process them and, again, to me there is two issues, that transparency and just the long term. I have no -- they have, as far as I know, done all -- met all the conditions of approval, but 20, 25 years from now some of those things we may want to still see on that property no longer run with the land. So, that's some of our concern. That's not done in a public forum and made -- everyone's made aware that those no longer run with the land, I have got something from there, but, again, Bill mentioned those already, so -- De Weerd: Thank you, Caleb. Mr. Clegg, do you have any comment? Clegg: Can I? De Weerd: Uh-huh. If you will, please, state your name and address for the record. Clegg: My name is Doug Clegg and I live at 1342 East Covey Run Court in Eagle, Idaho. De Weerd: Thank you. Clegg: And I want to express my thankfulness that you guys are willing to --just to even let us come and talk about this tonight. I have served for several years now in the National Investment Council For Senior Housing and one of the educational privileges I have had in serving on that council is to learn a little bit about what is happening for long-term financing for seniors and I believe you guys are very aware of the fact that commercial lending right now is very very difficult to obtain and the two main lending agencies that manage our long-term financing is Fannie Mae and Freddie Mac and HUD and those are federally backed loans. One of the challenges that we have when we go through an underwriting process is that the title companies and lenders that are underwriting these types of projects when they look at them they go back and start looking at the development agreements, the CUP, and any other legal documents there are that bind a project. When we have a development agreement that has specific language in it, like our does, and my understanding from Bill is that -- I'm not a legal expert, I just know he's had discussions with our legal advisors and also the guys at Givens and Pursley that when you have that kind of language it implies that the agreement is complete and it's been fulfilled, the underwriters are looking at that and saying it needs to be terminated and this is why they are saying that, they are saying Meridian City Council September 6, 2011 Page 18 of 30 that because if the City Council changes or the Mayor changes or the staff changes that were involved in the process of developing -- or putting together that development agreement, they have seen historically changes of opinions and/or understanding interpretively of what that development agreement means and on a commercial loan it usually has a term of five to seven years, it makes it very difficult for a guy like me to go and get a loan, because a lending officer is saying what happens if Madam Mayor de Weerd is not reelected or two of the city councilmen and/or Master Nary is no longer the legal advisor and there is a different opinion of what this means when we go in five to seven years and have to refinance this. They can consider that an at risk document. So, accordingly, I went back and I got a director's determination letter and I gave it to them and they said we like you, but not that much, so we are not going to grant this unless you can go to the city and have this development agreement terminated, because the language is in the agreement that it will be terminated when you have fulfilled all the requirements. I recognize what Bill is saying and that is that there are multiple phased projects where a developer may at times change things. This is not one of those. And so the lenders and title officers are viewing this and saying you have done everything and more, you are a business that is at will to have a highly and well maintained facility. I recognize what Bill is saying if we don't mow our lawn. Well, if we don't mow our lawn or water it we are probably not going to have residents come live with us, because they are going to say if you guys can't take care of your landscaping how are you going to take care of mom. So, that's not a real high risk in my opinion for the city and I'm -- I kind of feel like a guy stuck in the middle here, trying to say what do I do. How do we solve this problem. We did have a homeowners meeting, a neighborhood meeting. I had one out of 16 show up and she showed up because your husband needs our services in six months. Everybody else that we have talked to loved the project. I know we have met and exceeded those requirements in the development agreement. We have filled out the application and paid the money to be on your agenda here in another few weeks, but I'm trying to get some education and, basically, a feeling from you guys and, Madam Mayor, what your thoughts are, how I should proceed as a developer on something like this. De Weerd: Thank you, Doug. Council, any comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think as Mr. Nary said, because development agreements are one of the results of the public hearing process, I feel it's important that any change to them or termination of them also be part of a public hearing process. There is a formal notification of the neighbors that this is desired. That does not necessarily make it more difficult to terminate it or -- it maybe extends the time frame a little bit, but to me, yeah, I feel it's important to -- if it started as part of a public hearing process if it's going to change I think it needs to be part of a public hearing process. Now, what we also come out of the public hearing process with is a solution to your issue and a discussion of Meridian City Council September 6, 2011 Page 19 of 30 whether we need to change our policy in general about what happens to -- there is more discussion here than that and -- Clegg: You bet. Zaremba: -- to me that's a good thing and that's what public input is helpful for. If this is scheduled for something like two weeks away from now, then, I realize that's an extra two weeks to wait, but, hopefully, at that point we would get all of the information about this particular development agreement and how much of it has been satisfied and, you know, how much of it has been satisfied and, you know, how much of it maybe is covered by an ordinance that has occurred since then and it would be kind of one off decision, but we would also in the back of our minds be wondering if any policies need to be tweaked. But I'm afraid from my part I -- I feel it needs to stay part of the public hearing process. De Weerd: Mr. Rountree. Rountree: This is new, don't really have any answer, I think we need to talk about it. I can feel your pain though, if you can't get a loan because of some of these agreements. There are some things that -- and Bill mentioned the landscaping. I want to -- I would anticipate -- and I don't think it applied to yours, but cross-access agreements that go with property and usually part of a development agreement, to me that's a long term thing. If you terminate the development agreement in 20 years from now and a well established access is eliminated, because it's no longer attached to the property, that leaves us and that leaves the adjacent property owners and business or whomever is utilizing those kind of up a creek to reestablish it. So, I guess I could see those long term things that we identify in this process as we talked to you about it, those are things that we need to figure out how to contractually deal with whether they are easements or ordinances or those kinds of things and, then, obviously when you have met the terms and conditions of your development, whether it's the color or the design or the orientation or sewer easement or all of those kinds of things, once that's done I don't see any problem terminating the terms and conditions of the development agreement, but I would want to see it at a public process for the very reason Bill brings up, is that we -- we don't know how -- how well the promises have been met, because we are not necessarily neighbors in all cases and it seems like people don't bring that stuff forward until they have an opportunity to see a property posted with a public hearing notice and, oh, here is an opportunity to take this to City Hall and bring up an issue and we do clear up a lot of issues that way. So, I would think that in terms of process that it needs to go through some kind of a public hearing process in terms of the -- how we deal with the long term nature of some aspects of development agreements, that's a tough nut for us to address and I -- I need some time to think about that and I'm sure everybody else does, too, but we certainly want to work with you to do that, because I suspect that not only your industry, but other industries are going to be seeing the same kinds of constraints on them when they get commercial loans. Meridian City Council September 6, 2011 Page 20 of 30 Clegg: Yeah. I think you're very very accurate and I -- Madam Mayor and City Council, I -- there has to be a way for us to somehow make the concerns of legal counselors and underwriters and still insure that the public and the city have all the original intentions of an agreement that are protected and one of them that you actually bring up, we do have a cross-access maintenance agreement with the Presbyterian Church there, that, actually, came up in title and they are holding very very stringently to that. In fact, they are requiring us to go back and get a subordination agreement with their lenders, because they are saying that the lending was in place before the cross-access agreement was in place and if they default on their loans and the lender owns the property, the easements go away. So, we are having to go back now to two other lenders and get subordination agreements, so that they basically state the agreements will never -- the easement will never go away and I'm only sharing that with you in light of -- Rountree: It's good to know. Clegg: Yeah. It is extremely difficult right now in this lending environment. We can't even get title insurance policies to cover some of this stuff, because of the language that we have right now this particular development agreement that basically says when you have satisfied all these agreements that you have a right to terminate the agreement and they are; well, if you do go get it terminated and I'm saying, well, that's great, but I -- and I agree with another public hearing, we are thrilled to do it, and happy to have that and we have already filled out the application and we happy to come back and do that. I -- I'm just hoping we can find a way together to get through this, so that the lenders will fund and we can be in business. De Weerd: Well, Doug, you definitely have made a huge and vast improvement on that corner. Your development is -- is -- is beautiful. I know I heard from the neighbor, apparently, that came to your meeting and they're ecstatic. I guess my question to Mr. Nary is to meet the objectives of the city protecting the -- the neighboring properties and what their interests may be and also meeting the financial consideration, is it really a termination or is it terminating some of the -- more amending that development agreement to say these -- these elements have been set aside, but these other ones are more tied to the land. Does that meet the intent of what your financial considerations are? I -- I don't know if there is a different way to -- to also protect this, other than -- it's just like you said, any one of us can be gone at any certain time, so can you. Clegg: Exactly. De Weerd: And so we have a track record with you. We know the work you have done and the good neighbor you have been, but that doesn't necessarily mean the next person will be as well. So, it goes kind of both ways here. Clegg: Agreed Meridian City Council September 6, 2011 Page 21 of 30 Nary: Madam Mayor, Members of the Council, I think from the staff level in our recent discussion, I think that's probably where the staff report's going to go and have that discussion with Mr. Clegg as to what -- what we really think as the city really needs to run with the land, they really are things are not tied to this type of use, but, really, are tied to any use for the property versus things that are completed. I mean there are certain things and I'm certain in this development agreement that are done, but -- and that's what I think is the -- the purpose of tonight's discussion is when you -- when you drill down in this particular development and the type of development that is it, the likelihood of redevelopment into something else is fairly small, because of how -- what you have to do construct this type of facility, it's not real easy, than changing it into retail outlets or a store or something else. But many of the development agreements they have that aren't for this type of development may be more problematic want to terminate, but on this one there certainly are conditions I'm sure that have been satisfied that don't -- no longer need to be and aren't likely to change and there may be some that the staff really feels strongly that need to remain. So, we are really looking at amending the development agreement and leaving out conditions going forward that have been satisfied are completed and aren't going to change and they may still be requesting to leave some in place. But, again, I don't know from Mr. Clegg's lender's standpoint if that's going to be a problem or not. I don't know. They may see it as -- some of it really is -- I think some of it, to be honest, is the environment I think that Mr. Clegg is talking about and you're also sometimes dealing with lending institutions that don't have any local experience -- I think you said it exactly, they have dealt with other communities and other places where these have become problematic issues and so that's all their experiences as well. So, trying to massage between those two things to make sure the city's protected, as well as we are creating a -- you know, a business environment that they can work in, is something we will try to get resolved before the 27th. De Weerd: Well -- and Iguess I -- we see a number of things and what was promised in a DA what might have been built -- and sometimes how it redevelops. So, call us a little skeptical, but, you know, this is a residential type of business and I would like to think that there wouldn't be a use that the neighbors would have concern over, but it could very well be a halfway house for prisoners coming out and integrating them in. Could be a recovery center and all of those are needed elements, but I'm not sure if your neighbors would appreciate the city to have allowed uses that could be converted without them ever knowing and I think that's maybe the conundrum that we are -- we are seeing that just a termination flat out administratively, that puts our staff in a heck of a position. Clegg: Madam Mayor, City Council, I agree a hundred percent. Is there -- do we have the latitude to include some of these restrictive concerns in our Conditional Use Permit, instead of the development agreement, that we agreed together and we can get our title officers and lenders to say these are lasting concerns that the city has or is that the wrong place for those -- that type of language? De Weerd: Caleb. Meridian City Council September 6, 2011 Page 22 of 30 Hood: Madam Mayor, Members of the Council, we can certainly look at that. Mr. Parsons is writing the staff report on the development agreement slash termination request. That may be appropriate. If it's just that it's in this type of an agreement -- a CUP runs with the land, too, so we will look at that and filter through some of those things that -- I can't imagine there is more than one or two that we see needing to run with the land. Our zoning will cover most of those other concerns you just brought up, Madam Mayor. I mean things like that will require a CUP and you will have another public hearing, you can't just do a tenant improvement and move some of these other things in. So, you know, 99 percent of things I think our city code will cover, but there may be one or two -- cross-access is a good one or, you know, specific type of fencing that was required when that development went in, well, if they take it down our code doesn't require that, it was something that was specific to that project and that property. So, just maybe one or two and it may be an opportunity where we could look at rolling those into the CUP. What I would offer is that we can get with Mr. Clegg here this week sometime, if he's got some time, and go through those things that maybe we think need to run with the land and look at putting those into a CUP and see if we get on the same page with some of this stuff before it comes back to you on the 27th or whatever that date was or whenever it's scheduled for hearing. So, I think we can work together and come to some agreeable solution. I don't know what all the lender's requirements are, but -- but I think, hopefully, we can -- we can come to some understanding where everybody is covered in their needs, so -- Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just -- I think, Caleb, that -- what Caleb just said kind of brings out the comment, each -- each property can be different and there is different variables in each one and some would be very easy to say -- check the box, all of the DA requirements are met, you don't need it any longer. Others like a fence or cross-access, you know, we need to explore, well, how else can we do it and, Doug, I guess my question for you is in your research and working with these lenders, if you have a DA and there is 12 items and 11 of them are done, they are done for good, but maybe we have across- access issue, is the lender -- is it having any item out there or is it just knocking it down to where they go, okay, that's manageable, that's one, yeah, do this and this. What have you found out there in talking to them about it? Clegg: Councilman Hoaglun, I -- I think right now the major concern is is that we have a boilerplate language that gives the impression that once the development agreement is satisfied that it may be terminated and so it is applicable to all of the conditions of the development agreement. That's my opinion, but I don't know for sure, I'd have to get with our legal counselors and with the title officers and the lenders that there are probably some of those items that could be transitioned to a CUP or another controlling instrument that would be very specific and they would say, yes, this makes sense to us. But right now it's not that way, it's -- I'm not saying it's generic, but it covers a lot of Meridian Cily Council September 6, 2011 Page 23 of 30 items that they feel are interpretive ih nature and that's what they are concerned about. So, that was an excellent question and I do agree with you I think that probably could be ciphered out in the discussions. Hoaglun: And, Madam Mayor and Doug, I don't know if you have the answer to this, but is this just endemic to this type of development that you're doing or is this something that's going on more commercial wide, as opposed to just your specific project for the industry that you're in? Because it might be if it's just your industry, then, we have to deal with it for this specific industry and others if we don't have this problem, then, it's not -- we don't have to deal with the whole big picture of DAs and everything else. But it could be through Dodd Franks and all the regulation requirements that have come down from the federal government, it could be something we are dealing with for all commercial projects for lending, so -- De Weerd: Lending is becoming more and more complicated. Clegg: Madam Mayor, City Council, I'm not an expert. I have been doing assisted living for 18 years. We started out with Key Bank and doing 504 loans, with the Southeastern Idaho Development Corp, we have gone to American Equity and Insurance Lenders and now we are working with federally funded loan programs, because there are very -- very few lenders. We have even put out a proposal to 15 lenders for this specific project and I had three say yes and one commit and that was Idaho Central Credit Union just to build it and now we are in the process of trying to convert that construction loan into a permanent loan, nobody wants to touch it with a ten foot pole and it's because they all have portfolios that are nationally based that have areas that have been affected and when they looked at their balance sheets and the FDIC now is calling all the shots, the bankers are not the guys saying this is what we can lend on, they are saying, yes, ma'am and yes, sir, we will do whatever you tell us to do and it's challenging and the underwriters for the title industry right now are not willing to get title insurance policies, because they have been slammed pretty hard by a lot of these lenders coming back and saying you wrote a title insurance policy on this loan, now it's in default and we are proving that you're wrong and it's costing them a lot of money and it's tough and it's really tentative for us and I'm not a legal guy, but Ihope -- I'm confident that -- and appreciate you guys, I really really do, that you're willing to visit about this and I believe we can get together and figure out how to get this solved, because it's -- I don't think it's going to go away, I really don't. Hoaglun: And, Madam Mayor, just my political shot -- and people in other places scratch their heads and wonder why jobs aren't being created by private businesses out there. Clegg: It's tough. Bird: Leave that to the government and we will show you how to shut it down. Zaremba: Madam Mayor? Meridian Cily Council September 6, 2011 Page 24 of 30 De Weerd: You want to speak up, Mr. Bird. Mr. Zaremba Zaremba: I just -- and one of the other things that I want to register that I heard is -- is their discomfort is that some of the conditions may be subject to changing interpretations or whim or whatever and I think part of what we need to look at in all of our development agreements and maybe parts of ordinances to make sure that they aren't subject to whim or interpretation, that they are clear enough -- I mean, unfortunately, a six page document is probably going to turn into a 50 page document to be that clear, but we may have to get the lawyers involved, but -- De Weerd: Oh, good heavens. Zaremba: One of the things that we need to discuss is how do we make sure that a condition isn't subject to whim or weird interpretations and we will have to get there. Clegg: Right. Unfortunately for all of us I think we are meeting tonight because they are involved. That's why we are visiting, because -- De Weerd: And you can get a different opinion from seven different attorneys, so -- Bird: Madam Mayor? Clegg: It's been crazy for us. But thank you very much. Rountree: Thank you for bringing this up. E. Planning Department: Discussion on Possible Ada County Highway District Joint Meeting Topics De Weerd: Thank you. Okay. Item 9-E is our Planning Department. I will turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. You should have in our packet a memo I prepared, dated August 30th, regarding the upcoming joint meeting with the Ada County Highway District Board of Commissioners. That meeting is scheduled for September 30th and it looks like we have atime -- and I will go ahead and --either myself or the clerk will send out an a-mail reminding, but it looks like we will start around 10:30 on Friday, the 30th, on that joint meeting. It sounds like we will do some -- some snack items, some bagels, some coffee juice type things for that mid morning meeting on the 30th. The reason I'm here is to talk to you a little bit more about that agenda. The primary purpose for the meeting is to discuss the Meridian split corridor phase two project. However, some other potential topics have been tossed around as being also included on that -- that joint meeting. I will let you know we have several sub topics under the larger split corridor topic that we as staff would like to get before both of you elected bodies to kick around a little bit. So, I'm not sure that there Meridian City Council September 6, 2011 Page 25 of 30 will be any extra time or additional time to really talk about any other thing, but some things have been brought up. One of them being a walking tour and I'm not quite sure who brought this up as a potential item, but I wanted to just explore that a little further. That meeting will be here on the 30th, so if there was some field trip or a walking tour that needed to occur we could probably work that in. We may need to move that -- that time up just a little bit if we are going to fit that in. As is we probably will only have about an hour and a half for this meeting. Fairview access management was also brought up as a potential. Airport-Overland alignment and study was also brought up as a potential discussion item. Those are the ones I'm aware of. But I want to just get your feedback and as I work with the clerk in setting that agenda to see if there are any other topics for that meeting that you all would like to discuss. De Weerd: Thank you, Caleb. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'm not sure what the walking tour would be. Fairview access management is going to be a subject of its own meeting. What's the status and the readiness, I guess, for a discussion on the Airport-Overland alignment? Is that ready to go and -- seems to me of the four items or three items you listed that might be the one we might want to add, if it's ready. Hood: Madam Mayor, Councilman Rountree, the study is complete. Parametrics has completed the final draft of that study. I have a meeting sometime later this week with the city of Nampa, ACHD, Nampa Highway District -- ITD will probably be there as well. It's my understanding that no one's adopted it yet. City of Nampa hasn't adopted yet. ACHD hasn't adopted yet. But the study is finished and complete in written form. That's some of the things I think we will talk about as our TAC, our team meeting, that -- that Nampa has called with all of us just to see where everybody is at in that adoption process. Sabrina Anderson with ACHD has also requested some face time with you all next Tuesday during your workshop to talk about it a little bit. So, in my opinion we have some of that discussion with ACHD there about the next steps. The last time I was here talking to you all about it we had a discussion. I took away from that meeting that we didn't want to have multiple public hearings about that before we actually adopted it and I believe it was you, Councilman Rountree. I said if we only have one public hearing I'd like to do that as part of our Comp Plan amendment. So, my time on for -- I have some other changes to the Comp Plan I'd like to propose here to the Planning and Zoning Commission and the City Council here probably later in the fall or early wintertime and this would be one of the things I would .propose in that suite of changes to our Comp Plan again before the end of the year anyways. So, it's ready to go if you wanted to have that discussion. The study is complete and ripe for adoption. We just -- I was going to hold it off another couple of months to just roll in with those other changes. Meridian City Council September 6, 2011 Page 26 of 30 Rountree: Is there a recommended preference in the study? Hood: The study recommends alignment 2B. Rountree: Okay. De Weerd: Any further comment? Okay. Hood: Okay holding off on that discussion, then, or did you want to put it on the agenda or we could maybe wait, too, until next Tuesday's meeting and see if -- my understanding from ACRD is they would like to have some preference on an alignment before they adopt. They just don't want to adopt a different alignment than we do, which is understandable. Rountree: Sure. Hood: But I told Sabrina I'm not willing to put anything in writing at this point on the preferred alignment until we have that public hearing and formally choose an alignment. So, there might be an opportunity. I don't think we have to set the agenda for probably at least another week, so -- Rountree: That would be good Hood: Then just the other quick thing I have on that is -- I'm not sure if it's ACHD or the Ada County Board of Commissioners, but they are trying to attend most of these joint meetings that ACHD is having with the other cities in the county, just to kind of stay in the loop and familiarize themselves. So, with us hosting this meeting I wasn't sure if we wanted to do that outreach to the Ada County Board of Commissioners or have ACRD do that. It's not necessarily our policy that when we have a joint meeting with ACHD we invite Ada County, but Ada County seems to want to be involved and I don't see any harm in that, but they asked the question, well, this is your meeting, do you want to do that outreach or shall we. So, I guess that's my last question is should we invite them or ask ACHD to invite them or do you really just want to discuss split corridor with ACHD? De Weerd: I don't think there is any harm in including the Ada County Commissioners in that discussion. I think it has benefit certainly. Bird: Yeah, I do, too, Tam De Weerd: So, let's extend the invitation. Hood: Okay. That's it. Thank you. De Weerd: Thank you, Caleb. Mr. Bird. Bird: You will extend the invitation to the commissioners. Meridian City Council September 6, 2011 Page 27 of 30 Item 10: Ordinances A. Second Reading of Ordinance No. 11-1488: Precious Metal Dealers De Weerd: Okay. Item No. 10 under Ordinances. We have the second reading of Ordinance No. 11-1488 and this is the second reading next -- next week is a workshop, so the third reading would not be until the following week. Council, that was your preference in decisions? So, the third reading would be on Tuesday, September 20th. Okay. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1488, second reading. An ordinance amending Meridian City Code, Section 3-5-2A regarding pawn brokers dealing in precious metals. Amending Meridian City Code, Section 3-5-9B4, regarding pawn broker records. Adding a new chapter, Title 9 -- adding a new chapter, Title 9, to Title 3, Meridian City Code, regarding precious metal dealers, definitions, applicability, and exemptions, license required, application and procedures and operating requirements for regulated transactions involving type one precious metals. Operating requirements for regulated transactions involving type two precious metal, prohibited acts by precious metal dealers, penalties and enforcement, providing a severability clause and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. We will go ahead and put that for the third reading on the 20th. B. Ordinance No. 11-1492: An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Allow for Retail Wine and Beer Shops to Offer Servings of Such for Purchase by the Bottle or by the Glass De Weerd: Okay. Item No. 10-B is Ordinance 11-1492. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1492, 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, allowing for retail wine and beer shops to offer servings of such for purchase by the bottle or glass and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this item by title only. Is there anyone who would like to hear this read in its entirety? Okay. Council, Item 10-B is in front of you for your consideration. Bird: Madam Mayor? Meridian City Council September 6, 2011 Page 28 of 30 De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 11-1492 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 10-B. If there is no discussion from Council, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Ordinance No. 11-1493: An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Encourage the Use of Water-Conserving Landscape Designs De Weerd: Item 10-C is Ordinance 11-1493. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1493, 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, encouraging the use of water conservation landscape and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 11-1493 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-C. If there is no discussion by Council, roll call, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council September 6, 2011 Page 29 of 30 MOTION CARRIED: ALL AYES. D. Ordinance No. 11-1494: An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Allow Dispatch Centers for Mobile Services De Weerd: Item 10-D is Ordinance No. 11-1494. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1494, 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, regarding allowing dispatch centers for mobile services and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by the only. Is there anyone who would like to hear it read in its entirety? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Ordinance 11-1494 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-D. Seeing that there is no discussion, Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: I won't say all ayes, but all voted for. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Okay. Item No. 11 is future meeting topics. Council, there have been no special requests in front of me for your consideration on this item. Anything from Council? Rountree: I have none. Bird: I have none. Meridian City Council September 6, 2011 Page 30 of 30 Item 12: Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1 ~(a~ To Consider Hiring a Public Officer, Employee, Staff Member or Individual Agent, Wherein the Respective Qualities of Individuals are to be Evaluated in Order to Fill a ParticularVacancy or Need De Weerd: Okay. So, we did add an Executive Session. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we go into Executive Session per Idaho State Code 67- 2345(1)(a). Bird: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:18 p.m. to 8:47 p.m.) MEETING ADJOURNED AT 8:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) of ~ ~~ © i l IZ l MAYOR MY De WEERD ~,,,~~~~i~~~rray,. DATE APPROVED v~4~ ~,~k~~ ~"~a. ~~~. LAS,' y~~' ;~~ ~ ~~r. . ~~ , i ~~~~ ~~ ~ ~~~ y~'y; e ! ~ `~' ~'" 1~'TEST: ~ ` ~ RHOLMAN :~ ~'` , ... .. ,.,, ~«; ~,_. ,vr / i~6 99 4 y ~~', ~,~ ~ M A CLERK Changes to Agenda: ~ECEr~TE~ SEP 0 6 2011 Item #8A: CITY OF GCCB t~ur'~, Application(s): CITY CLERKS OFFICE - City Council Review (Overturn the Director's denial of the Certificate of Zoning Compliance) Size of property, existing zoning, and location: This site consists of 22.73 acres, is currently zoned C-G, and is located near on the southwest corner of E. Central Drive & N. Locust Grove Road. Summary of Request: Joint Schcol District No. 2 is requesting Council waiver to construct a third access point to E. Central Drive, a designated collector street. Currently the site is served by two approved access points that were constructed when the site was developed in 2000.Over the last several years, the intensity of uses on the site has increased substantially with the addition of the Idaho State University and Renaissance High School. Because access is limited to collector streets per UDC 11-3A-3, the Director could not grant approval of the access point and has denied the CZC. ACRD states the proposed access point meets district policy to grant the approval. Written Testimony: None Outstanding Issue(s) for City Council: None Notes: Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of August 9, 2011 PreCouncil 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: September 6, 2011 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of August 9, 2011 City Council Workshop 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: September 6, 2011 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approve Minutes of August 16, 2011 City 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: September 6, 2011 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Approve Minutes of August 23, 2011 City Council Meeting MEETING NOTES `' 0 Y-`~ ~~ 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: September 6, 2011 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Approval of Award of Contract Amendment No. 2 for Liquid Emulsion Polymer with Weschem, Inc. for the Not-To-Exceed Amount of $121,600.00 MEETING NOTES n~i~yu~ ~! Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS -~ / - - Ovlglnal -b ~helre~ ' " I ~~i~E IDIAN~-- IDAHO CITY OF MERIDIAN CONTRACT AMENDMENT N0.2 CONTRACTOR NAME: DEPARTM Ni NAME: WESCHEM, INC WASTEWATER ADDRESS: ADDRESS: P O Box 4072 33 E. Broadway Boise, ID 83711 Meridian, ID 83842 CURRENT CO AC N~A.B.MpT10N. Conlnot mans i Propot No. LNuld emul^tenpelvmar _ pw.oo.tmrrA Amendment Data: e7/2eMOf t Prwloua AmandmaMS: 1 Current Contract Datea: START: 8/24/2010 COMPLETION: _ 7/31/2011 Current COMroct Amount pnduslve OlPrevloua Amendmanta to Date): $221.440.00 CHOOSE ONE AMENDMENT COLUMS BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE OPTION TO RENEW" and check oN any applicable amendments under that column. STANDARD AMENDM NT _ AMENDMENT TO xi=ar•tSF nPT10N TO R NEW ICheck ell th t d l a an v !Check all that rnrv) _ Amendment to Contmat Parlormarwe (8oope) _ Amendment to Contract Performarae _ Amendment to Contract Dshe ~ Amendment to Comraot Dslae Amendment to Conueot Amount _ fL Amsndmant to Contract Amount _ Other: (Explain) _ Other: (Explain) DESCRIPTION OF REASON FOR AY unueur; (Attach all relevant documenfaflon detailing amendment): The City of Meridlsn Is op8ng to extend this contract for an additional one year. Weachem will guarantee product Ncln at 1.28/1b for an eddltlona112 months. Contract amendment is for 95 000 Ibs of I er. NEW CONTRACT INFORMATION• Amendment Date: 07-31-2017 New Conlreot Detee: eTART: z'/3t/a0t t CDMPLlTIDN: e7/ai/ao12 AmouMOfAmendmentClunpe ItQt.eoo.oe CurroM CoMraq Amount pnduslve of Pnavlous Amenalmenfa to Date): $343.ed0.00. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF M-ERIDIAN WESCHEM, INC BY/ ` BY: TAMMY a EERD, MAYOR - 'p'~'s~- ~" ~-~i; TRt xl t,0.~~1~4+t Dated; ~ L`3Ated;_ Rfa9laoll ~9 Approved by Council: _, ~ l~ .' ~, - ~ -- ~ Approved by Clty as to Content Attest: ~ ,~; r~ ' ' ~' ~Y: -~ "~ "` KEIT ATTS, PURCHASING AGENT JA H AN, CITY CLERK Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Water & Sewer Easement for Les Schwab Located at 3550 E. Tecate Lane MEETING NOTES ~u ^cd Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN~-- IDAHO TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 8/29/11 MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Water and Sewer Easement for Les Schwab at 3550 E. Tecate Lane I. RECOMMENDED ACTION A. Move to: 1. Approve a new easement for new water and sewer infrastructure including mains, hydrants, and other appurtenances. The aforementioned items are in a private drive and to the building site. 2. Authorize the Mayor to sign the easement. I. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Steve O'Brien, Development Analyst II Supervisor ApproSa -~ ~~tt Ste, i H~evelopment Supervisor Supervisor Approval Cti~ ~ is F, 6ckleton: Development Services Manager Page 1 of I 489-0372 489-0362 489-0369 489-0371 ADA COUNTY RECORDER Chrlelopher D. Rlch AMOUNT .00 a SOISEIDAH00910711111:14AM III IIIIIIIIIIII(I~IIIIIII~II)VIIIIII DEPUTY Uae Satl RECORDED-AEDUEST OF 111072105 Meridian CItY SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~, 20~_between Una Mas, LLC and SFP-C Limited Partnershiu, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee 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 orrestoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement 256-10 Les Schwab - Sanitary Sewer & Water Main Easement.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street; then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANT~~R: ~, ~\~~ /~ Partne : Core} J_ a ka GRANTOR: ,va ,uia.s GL' Member: P O Box 5350 Bend, OR 97708-5350 STATE OF IDAHO ) )ss Countyof I WIYI Fal l41 621 North College Rd, Ste 100, Twin Falls, ID 83301 On the l lam' ]day of ~ 20 l t ,before me, a Notary Public in and for said State, personally appeared Known or identified to me to be a member of Una Mas, LLC executed the foregoing instrttment and acknowledged to me that he on behalf of said LLC executed the same. IN WITNESS WHEREOF I have set my hand and official seal the day and year first above written. • ,`~!, - 7 Notary P`ubli r Idaho _ ~ Q.~AR`~ Residing in i Wl to ~-o~ ~ i$ N e~ Commission Expires 9 ~ r- ao ~ a ~ 84\G Sanitary Sewer and Water Main Easement ~~,~ 256-10 Les Schwab - Sanitary Sewer & Water Main Easement.doc GO ~~ OREGON STATE OF ~J ) )ss County of Deschutes ) On this 22n~ay of August 201 1 ,before me, the undersigned, a Notary Public in and for said county and state, personally appeared Corey J. Parks ,known or identified to me to be one of the partners in the partnership of SFP-C Limited Partnershin, and the partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above w ~tten. V~, _ c NOTARY PUBLIC F R O O Residing at: Prineville Commission Expires: ~ / 1 0 / 2 01 5 GRANTEE: CITY OF MERID ~`' ,~ . ~ G~~/Y f(~eX~// ~r. Tammy ~ 4J/eerd, Mayor L. Holman, City Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) N ,µnifur~ri, ,:. ,/ - ~~, ~~ - ti On this tp day of Se ~rnhe.~ , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known tome 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 fir~.ttl~~en. :~ti' ~PRy`` L 'r„ O . •y~ (SEALI tiV '4°. e~. •....• OTARY BLIC IDAHO Residing at: ~~Vtcltct,-, , t [~ Commission Expires: , 1c~g C~ ~N c~ OFI~IGAL SEAL BONNIE M MC COY NOTARY PUBLIC - OREt30N ~~~~0.2DI6 Sanitary Sewer and Water Main Easement 256-10 Les Schwab - Sanitary Sewer & Water Main Easement.doc EXHIBIT A UNA MAS SUBDIVISION CITY OF MERIDIAN SEWER /WATER EASEMENT DESCRIPTION The following property located in a portion of Government Lot 4, Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho Beginning at the Northwest corner of said Section 4 Thence North 89°35'23" East, a distance of 830.94 feet along the North boundary of said section 4, Thence South 00°00'06" East, a distance of 341.78 feet to the REAL POINT OF BEGINNING, Thence North 89°59'51" East, a distance of 54.17 feet, Thence North 00°00'09" West, a distance of 15.87 feet, Thence North 89°59'51" East, a distance of 20.00 feet, Thence South 00°00'09" East, a distance of 15.87 feet, Thence North 89°59'51" East, a distance of 66.45 feet, Thence North 00°00'09" West, a distance of 15.87 feet, Thence North 89°59'51" East, a distance of 20.00 feet, Thence South 00°00'09" East, a distance of 15.87 feet, Thence North 89°59'51" East, a distance of 29.92' feet, Thence North 00°00'09" West, a distance of 13.23 feet, Thence North 89°59'51" East, a distance of 21.14' feet, Thence North 11 ° 15'09" West, a distance of 7.51' feet, Thence North 78°44'51" East, a distance of 24.50' feet, Thence South l 1°15'09" East, a distance of 20.05' feet, Thence North 78°44'51" East, a distance of 28.30' feet, Thence North 89°59'51" East, a distance of 176.82 feet, Thence South 00°00'09" East, a distance of 31.39 feet, Thence North 89°48'23" West, a distance of 92.77' feet, Thence South 00°00'09" East, a distance of 35.44 feet, Thence South 89°59'48" West, a distance of 31.00 feet, Thence North 00°00'09" West, a distance of 11.95 feet, Thence South 89°59"52" West, a distance of 22.63 feet, Thence North 00°00'08" West, a distance of 20.62 feet, Thence South 84°56'28" West, a distance of 17.50 feet, Thence South 00°00'09" East, a distance of 13.03 feet, Thence South 89°59"51" West, a distance of 20.00 feet, Thence North 00°00'09" West, a distance of 11.26 feet, Thence South 84°57'30" West, a distance of 52.55 feet, Thence South 00°00'09" East, a distance of 20.63 feet, Thence South 89°59'51" West, a distance of 20.00 feet, Thence North 00°00'09" West, a distance of 20.27 feet, Thence South 89°59'51" West, a distance of 67.38 feet, Thence South 00°00'09" East, a distance of 38.27 feet, Thence South 89°59'48" West, a distance of 31.00 feet, Thence North 00°00'09" West, a distance of 49.27 feet, Thence South 89°59'51" West, a distance of 88.17 feet, Thence North 00°00'06" West, a distance of 20.00 feet to the REAL POINT OF BEGINNING. Said parcel contains 0.412 acres (17,937 Sq. Ft.) more or less. ~~ :: m 0 3 i 0 L~ ae O V ~ O~ G N ~ ~ ~ 4 ~ N ~ ~ ~ 0 6 6 G G E i G G G ~ ~ ~ ~ ~ = ~ z ~ ~ ~ ~ ~ ~ ~ r (n~ [ b ~ LII + + N n FL) ~ t n N n V ~ H [ n tO l=L N 4 Gp 10 i t V r p N i G 10 + + Q ~ + G 10 + p C ~O r Q' N u }~ K( ~i ~ ~ + r`3 8 ~ Si G F iJ ~i ~!" S FE b~ 3 a N + kw ~ ~ 3 m /q ~ ~ ~ 8 ~ ~ Sd ~ S ~ = ~ ~ ~ $ ~ Sd ~ ~ ~ ~ ~ 5 ~ ~ v n g ~ ~ ~ ~' 'J H .~ ~ M' ,9' ~ V ~ ~ ~ ~ ~ ~ 6 L] o~ CSny yOyO Ob~S• z~A]^S D c O ~ ,yyy 7~ ~~~b~~~~bbaAyZ S ~~~ a~~~~yi~gi c< ~~~~~~~p m 2 m ~~ ~~ -~ s :~ :. + W try Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Pathway Easement fo the City of Meridian Near Ustick/Cinder Roads from Ada County Highway District (ACMD) MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TM e~~,s P~~kc~C ~P ~~al~l ~' M i w t ,,,~ ,,,,r Nwf-N~• Iax~x~ l.~ada Mnthti~a ~ ~ 0. IYeA AMOENR .N i RECORDING REQUESTED BY ANO WHEN 0~11~111 IAN RECORDED RETURN ?'O: ~ ~ ~~ ~I~I~~~N~IN~lll~ll S<<,~ B. ~~~ SEC E ~ E , ~ ~.~~ c~,~~.~ c«,fl~i Ada Cou~Ky Highway Destrict SEP 14 2 t 3775 Adams Street GArckn City ID 13714 CITY OFC{~ ~.~ Parks & Recreaii n ~ ept. I4baa-r t~c~rvcd ~~r Rd's t}use El~~ f ~. ~ ~ ~~ ~ ~~ ~~ ~'.~ ~ km ~ ~ ~- Ustickl~i~dcr ~. TNIS P TH~'AY EASEMENT ("Easement" is made and entere . ~. }~ d into thts day of Ol l b -and between AD y ~! COUNTY HIC3~IWAY DISTRICT, a body politic and corporate of the state of Idaho {"Grantor"), and the Cit of MERIDIAN .. Y an Idaho muntc~p~l corporation, whose address ~s 33 .East Braadv~a , :Meridian, Idaho ,~ ~ Y ~3b~2 { t3rantee ~. ~t~ClTALS A. Grantor owns the real pr ert enerall de f cted on ~x~ibit A'~nd o e p y p mr particularly described on Ex~ibit•~' t1~ ereto and b this refEre ce inco rated Y ~ herein as ~f set forth m full {"Easement Praperty"~. B. ~ra~tor has agreed to grant to Grantee an appurten-ant easement u on, p over, across, through and undt~r the Easement Property for the purse of .pathway {as defined in Meridian Pathways Master Flan, January x010} maintEnance ~cnd use b the Y public. ACRE~~IENT 1. ,rant of Easement. On the terms and conditions .set forth herein, Grantor hereby grants to Grantee an appurtenant easement upon, ovEr, across, throe h and under 8 the Easement Property far .the purpose of grantee maintaining a ath~ray on the P ~asemcnt Property, subject to the obitgat~ons of Grantee herein. Z. ~. The term ~f this Easement is perpetual. 3. Eant Not Exclusive, This Easement does not e~ctend to Grantee the right to use the Easement Property to the e~cclusion of Grantor for an use within its . Y ~urfsd~ct~on, author~t~r and discretion or of others to the extent authorized by law to use public right-of-way to the extent that such other used do not material! interfere with Y Grantees intended uses. If the Easement Property has been opened as a ublic hi hwa . p g y (as used herein the term "Highway" is as defined in Idaho Code Section ~0-109(5 }) PATFt~IAY EAS~~iEfviT •• f I't~th~~~~~~ F~.unxnt l nd~~r A~~~tic~is~n Grantee's autharized use is subject to the rights of the public to use the Easement Property far lli~hway purposes. 4. Property to Highway Purposes. Grantee"s autharized use is also subject to the rights of holders of easements of record or obvious on inspection of the Easement Aroperty and statutory rights of utilities to use the public right-ot=way. This Easement is not intended to, and shall not, preclude ar impede the ability off' Grantor to enter .into other similar agreements in the future allowing third parties to also use its public rights- of--way, or the ability of Grantor to redesign, reconstruct, relocate, maintain and improve its public rights-of=way and Highways as autharized by law and. as it determines, in its sole discretion, is appropriate. 5. Iteoairs, a_nd Maintenance. Any repairs or maintenance of Grantee's pathway located on the Easement Property or the installation or construction of improvements by Grantee an the Easement Property, shall be accomplished in accordance with all applicable laws, policies, and good engineering practices. ~. N Fee. There is no fee far this Easement in accordance with- that certain Interagency Governmental Agreement for waiver of Gosts and Fees, dated June 9, 2010, 7. Maintenance, Faire to Maintain; Relocation of Utilities. 7.1 At its sole cost and expense, Grantee shall maintain the pathway on the Easement Property in good condition and repair and as required to satisfy applicable laws and sound engineering practices. Grantee shall have access over, across and under the Easement Property far the purpose of accomplishing such repair and maintenance. 7,2 If the Highway andlor flood control structure on andlor adjacent to the Easement Property is damaged as a result of the performance by Grantee of Grantee's maintenance obligations, the failure or neglect to perform such maintenance, andlor Grantee's use of the Easement Property,. then Grantee shall,, at Grantee's sole cost and expense, correct such deficiency and restore the Highway and the surface of the Easement. Property to the same condition it was in prior thereto .and, if Grantee shall fail ar neglect to commence such correction and restoration within seventy-two X72} hours of noti~catian therefor, Grantor may proceed to da so, in which event Grantee agrees. to reimburse. Grantor for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff, materials, and equipment of Grantor. 7.3 Notwithstanding the provisions of Section 1.2}-should an emergency exist related to Grantee's use of the Easement Property which threatens the stability or function of the i-lighway on or adjacent to the Easement Property or the safety of the public use thereof, Grantor shall have the right to immediately perform, an behalf af, and at the cost of Grantee, necessary emergency repairs. $. Pe~ rn~it. If' any proposed reconstruction, relocation or maintenance of the Easement Property. requires Grantee to obtain a permit under Grantor's policies, Grantee t'AT~{~VAY EASEMENT -- 2 I'i}Ih«~~i}~ I;~s~itknl l.indcr I~icri~li~rn shall first obtain such permit from Grantar before commencing such work and athc:rwise comply with the conditions set forth therein. 9. No Casts to Grantor. Any and all costs and. expenses associated with Grantee's authorized use of` the Easement Property, or the repair and maintenance thereof, shall be at the sole cost and expense of Grantee, 1 ~. Indemnification. Grantee hereby indemnifies and holds Grantar harmless franc and against any and all claims or actions for loss,. injury, death, damages, mechanics and .other liens, arising out the failure or neglect ot` Grantee, Grantee's employees, contractors and agents, to properly and reasonably make authorized use of the Easement Property or properly repair or maintain the Easement .Property,. or that otherwise result from the use and occupation of the Easement Property by Grantee, and including any attorneys' fees and costs that may be incurred by Grantor in defense of such claims or actions indemnified against Grantee hereunder. 11. Ci, ompliance w th .Law. In connection with Grantee's. use of the Easement Property, Grantee covenants and agrees to: ~i} comply .with the terms of any NPDES permit associated. with storm water runoff on the Easement Property; tii}.comply with. the Master Pathway Agreement between City of Meridian and Nampa & 1Vleridian Irrigation 1rJistrict, dated December 19, 2~~0, Ada County Recorder Instrument Number #1OO102999 and is incorporated by reference viii) obtain and comply with any and all permits, licenses and approvals required by any unit of government; and ~iv~ commit no waste or allow any nuisance on the Easerent Property. grantee hereby agrees to indemnify, defend, and hold Grantor. and Grantors' members, employees, agents, contractors, successors and assigns harmless from and against any and all claims for Loss, injury, death and .damage caused by or arising directly or indirectly out of the use of the Easement Property by Grantee, its mayor and city council, employees, contractors and agents, and including, without limitation, attorneys fees and costs incurred. by Grantors andlor Grantors' successors and assigns in defending any such claims. 12. Covenants Run with the Land. This Easement shall be a .burden upon the Easement Property and shall run with the land. 13. Attorney,'s Fees and Cis, In any suit, .action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its casts incurred the-rein, including reasonable attorneys' fees. 14. Successors and Assigns. This E~setnent and the covenants and agreements herein contained shall inure to the benefit of, and be binding upon, the parties hereto and their successors and assigns to the Easement Property, or any portion thereof. 1 S. Recording. This Easement shall be recorded in the real property records of Ada County, Idaho, Signature page follows. PATHWAY EASEMENT -- 3 f',tth~til~' I~~t~~rm~nt I,inc~r hl~ridiun G~ANTGR: AAA C~UN'fY hiIGHWAY 1)IS'I'RICT, a body politic a orporate cif the state of Idaho By' Re e c .Arnold, Aresident ATTEST. / , Step nie Blake, Secretary of the Board GRANT~~: CITY OF MERIDIAN Tammy , erd, Mayor ~'ATHWAY EASEMENT -• 4 r~ch«~~y ~:~s~nicut l.sndcr Meridi;~n S~l `A't'1~ UP IDAI-ItJ } ^~ County of Ada } Can this day of , 201 I, before n1e, the undet•signed notary public, pe~•soaally appeared Rebecca W. A.i•nold and Stephanie Make, known or identified to nae for p~•oven to me on the basis of satisfactory evidence} to be the President and Secretary of the 13oa~•d of the Ada .County highway District, and acknowledged to me that the Board of Commissioners of the Ada County highway District executed the swine. IN wITN~SS 1~l.BEREOh`, I have hereunto set my seal the day and. year' in this cer•ti ficate first above written, ~~~~ ~ ~ ~~~)) ~I • ! ` I ~ ~ Notary ubl~c ~'"~' Residing at Rr" i ~# ~j~^~~~" i ~ ~~ ~, .4 i~. Q `~: Comm. Exptr~es ,~ ~~~~tt~~ ~~,~~,~~ f#tl STATE OF IDAHO } ss: County of Ada ) hand and affixed my official . .. ~ . ~n this ~ day of , 20l I, before me, the undets~gned notary public for• said state, personally appeared Tammy de V~eerd and Jaycee Hol~nar~ known o~• identified to me {or proven on the basis of satisfactory evidence} to be the Mayot• and City Cleik of Meridian City, Idaho, and acknowledged to me that Meridian City Council executed the sa~rte. IN WITNESS ~U~ERECF, I have hereunto set tuy hand and affixed my official seal. the day and year in this certificate first above written. Rc~idi~lg at••' ~:o~nn~. Expires PATt-IwAY EASEMENT «- S Owner of Record: Ada County Highway District Aarcel No.; R3 i 932500 ! 0 ACRD Arajcct: Storm Drain Pond, Ustick/Linder 5,35, T.4 N., R.1 W., B.M. Pathwalk Easement A parcel of land situated in the Southeast quarter of the .Southeast carter I/ SE 114 of Q (SE 4 Section 3S, Township 4 North, Range.I West, Boise Meridian Ada Co Idaho, said reel also bein a ~ ~tY~ Pa g portion of that warranty Decd, 41ed as Instrument Number 103201 t22, records of Ada County, being more .articular) described as foil p Y ows, Commencing at the Southeast corner of said SE114 SE1/4 of Section 3 fr which the ~ 5 om fast 114 corner of stud Section 35 bears N 89°42 39" 1~V 2643.44 fee shown on that Record of Surve ~ t as y Number 6306, filed as instrument Number 103176984 records of Ada County, thence N 89°42'39" W, 390.01 feet alon the SE 114 SE 114 8 South line of said and centerline of Ustlck Road to the Southeast corner of Panel 2 as s on said Record hown of Survey; thence N 0° 12'47' w, 44.E feet alon the East bound said Parcel 2 to the PtJiNT $ ~ °~ t~F BE~INIVINC-. Thence continuing along the said East bound of Parcel 2 N 0° 12' ' feet to a int ~ ~ 47 W, 46.00 Thence leaving said East bound of Farce ' ~ . ~'Y 12, N 62 00 00 '~, $5.34 feet, Thence N 90°x'40" W, 320.74 feet; Thence S 84°00'00" W, 272.69 feet; Thence N 90°40'00" W, 100.75 feet to the we t s boundary of said Parcel; Thence S 40°41' I S" E, t 5.00 feed along said west bound t ary o a point; Thence S 90°00'00" E,1 O1.S7 feet; Thence N 84°00'04" E, Z74,3z feet; Thence N 90°00'44" E, 318.98 feet; Thence S 62°00'4" E, 72,03 feet; Thence S 0° 12'47" E, 3b.90 feat; Thence S 89°42'39" E,15.40 feet.. to the Point of Be innin g 8 Said described Sidewalk ~asemcnt contains l2 2b9 care fee sq t or 4.28 acres. ~~~ ~~~ ,. ',! ~ .I '~ ,, ,. . , ~ ~ ~' Q ~~ A~ ~ ~, ~ E~. A ~ i ti r ~\ • ~~` ~ rv afo ~'~~ ~ W .~r~.4,~' ~~ a 65.4 3,3,E ~ ~ O .~ 0 r v ~ # d a~ ~ v r Q ~ ~ V ~~ 9 ~ w . y. ~~ ~ o ~.. ~ o a "~I ~ N '~ v ~ '~ ' ~ V f b V . , -.~' ~ 00 ,~ ~, ~ ~ ti a~ ,~, ~ ~ ~ ~ ~ 00 ~ ~ ~ i • ~` ~ r ~~ • y N ~ ~ N M ~ ~~ ;~ ~ ~ ~ ~O .~ ..~ ~ ~~ a ~ ~' ~ ~~ ~ ~~ ~~ , ~ ~ ~~ 0 ~~ ~ t~ ~o tii'~ 1 ~~ ~~ : ~~ ~ ~ ~ ~~ ~,~ 0~~ ~-• ~~ ti r y~~ ~N ~ ,, ~ crN ~~ ~~ Q v 8 No O 4 # ~ ~1 r 2 8 ~ ~ ~ 8 ~ "' ,,, y y N y ~ 2 ~ 2 N ~., CS ~- ~ ~ s ~ i ` ~ ~ ~ ~ ~ e .} $ . 4 ~ ~ ~~ ~~~ ~y~ ~~~ y l~~j ~ ti O~ ~O~ ~~b ~~~ ~n ~ y 'b ~~y ~~~ ~c ooh y~~ `~b~ bray ~~ ~~ ~" ~ ~ ~ ~ N ~ ~ ~ ~ ~` ~~ ~' ~' ro a v a ~' N ~ (D ~ ~ ~ r+ o o ~_ .~ ~ ~ ~~tt W x r ~' ~ ~ ~ ~ ~ ~ .,.,,.. ~. ~ Q m~m tV m ~ r ~~ ~ ~. ~ .... ~ .... ~ ~. ~. ~ ~iU ~~ _. 1 V Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: License Agreement Between the City of Meridian and Ada County Highway District (ACRD) for Pathway Easement Connecting Zebulon Heights and Settlement Bridge Subdivisions 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 ~I-8 ~ /" _ ~~~ ~ flG~-Iv Pte' 1~ (~ 0~-~c{ivm~ ~ Shexee '" I Property Management No. L � City of Meridian ACHD Pond Site E McMillan Road, Meridian, Idaho T4N RIE Sec 32 ADA COUNTY RECORDER Christophe D, Rlch AMOUNT .00 13 1018E IDAHO 09/01111 11:11 AM DEPUTY Use 10 RECORDED -REQUEST o� III IIIIIIIIIIIIIIIIIIIIIIIIII I Muldien CIN 1110721066 LICENSE AGREEMENT THIS LICENSE AGREEMENT (the "Agreement") is made and entered into this 29 day of August, 2011, by and between CITY OF MERIDIAN ("Licensee") and the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, ("ACHD"). WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 ACHD owns and has exclusive jurisdiction over the public right-of-way, located in Ada County, Idaho, municipally described as a portion of land located in the i NE'/ of Section 32, T.4N., R.1 E,, B.M., Ada County, Idaho more particularly described and/or depicted on Exhibit "A" attached hereto (the "Right -of -Way"). 1.2 Licensee desires a license to use the Right -of -Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee. SECTION 2. LICENSE: LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right -of -Way for the following uses and purposes ("Authorized Use") and no others: Licensee shall have the City's contractor secure a Temporary Highway Use Permit before construction begins (387-6280). Licensee to construct elevated pathway in a manner to not interfere with irrigation flow basin and/or ponding of retention water within the ACHD Parcel. Licensee to submit plans for review and approval to ACHD prior to construction. LICENSE AGREEMENT — Page 1 City of Meridian ACRD Pond Site E McMillan Road, Meridian, Idaho T4N R1 E Sec 32 2.2 This Agreement does not extend to Licensee the right to use the Right-of-Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the Right-of-Way has been opened as a public Highway (as used in the Agreement the term "Highway" is as defined in Idai7o Code § 40-109(5)) Licensee's Authorized Use is subject to the rights of the public to use the Right-of-Way for Highway purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right-of-Way and statutory rights of utilities to use the public right-of-way. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACRD to en#er into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION, OR INSTALLATION OF IMPROVEMENTS. Any repairs or maintenance, of the Licensee's improvements currently located in the Right- of-Way or the installation or construction of improvements by Licensee in the Right-of- Way as permitted by the Authorized Use, (the "Improvements"), shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, Its policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefore shall be and remain in Licensee. SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee acknowledges and agrees that the license granted herein is Temporary, and merely a permissive use of the Right-of-Way pursuant to this Agreement. Licensee further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before Licensee has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because Licensee has expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION 5. TERM. 5.1 The term of this Agreement will commence on the 29 day of August, 2011, and will continue until terminated by ACHD, with or without cause, which termination shall be effective following THIRTY (30) DAYS advance written notice of termination given to Licensee. Upon expiration of the THIRTY (30) DAYS, ACHD shall record a LICENSE AGREEMENT - Pago 2 City of Meridian ACRD Pond Site E McMillan Road, Meridian, Idaho T4N Ri E Sec 32 Revocation of License Agreement in the Official Real Property Records of Ada County, Idaho. 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder ACHD may terminate ihis Agreement and the rights extended to Licensee hereunder at any time, effective at the end of THIRTY (30) days following the date ACRD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such THIRTY (30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD, this Agreement shall not be terminated but shall continue in full force and effect. SECTION 6. FEE. There is no annual fee for the Licensee's Authorized Use of the Right-of-Way under this Agreement. SECTION 7. MAINTENANCE; FAILURE TO MAINTAIN; RELOCATION OF UTILITIES. 7.1 At ifs sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee shall have access over, across and under the Right-of-Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 7, or the failure or neglect to perform such maintenance; and/or (li) Licensee's design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right-of-Way to the same condition it was in prior thereto,- and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensee agrees to reimburse ACRD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exisf related to the Licensee's use of this license which threatens the stability or function of ~ the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof, LICENSE AGREEMENT -Page 3 City of Meridian ACHD Pond Site E McMillan Road, Meridian, Idaho T4N R1 E Sec 32 ACHD shall have the right to immediately perform, on behalf of, and at the cost of Licensee necessary emergency repairs. 7.4 Licensee will be responsible for the relocation of any existing utilities located on the Right-of-Way as may be required In connection with any construction or installation of Improvements by Licensee in the Right-of-Way. SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACRD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right-of-Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACRD In writing; provided ACRD gives Licensee adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of the Highway and also licenses Licensee such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. Licensee has the right to terminate said agreement if the cost of relocating the improvements as outlined in section 8 is found to be unacceptable to the Licensee. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit from ACRD (Construction Services Division) before commencing such work, and pay the required fees and otherwise comply with the conditions set forth therein. SECTION 10. NO TITLE IN LICENSEE. Except as expressly provided herein, the terms and conditions of this Agreement shall not create any type of property right, title or Interest in Licensee in or to the Right-of-Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACRD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right-of-Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreemenf, shall be at the sole cost and expense of Licensee. SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. LICENSE AGREEMENT -Page 4 City of Meridian ACHD Pond Site E McMillan Road, Meridian, Idaho T4N R1 E Sec 32 SECTION 13. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee will promptly remove all Improvements and restore the Right-of- Way to at least its present condition. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right-of-Way, ACHD may do so, and assess Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right-of-Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Right-of-Way under this Agreement is for landscaping in ACHD right-ot-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right-of-Way. SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACRD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens, arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents, to properly and reasonably make Authorized Use of the Right-of-Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right-of-Way by Licensee, and including any attorney fees and costs that may be incurred by ACRD in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglect occurring during the term of this Agreement, Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15. COMPLIANCE WITH LAW; WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right-of-Way, throughout the term of this Agreement Licensee covenants and agrees to: (i) comply and observe in all respects any and all, federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) LICENSE AGREEMENT -Page 5 City of Meridian ACHD Pond Site E McMillan Road, Meridian, Idaho T4N Ri E Sec 32 obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste or allow any nuisance on the Right-of-Way. Licensee covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 16. ASSIGNMENT. Licensee, upon the prior written consent of ACHD, may sell, assign or otherwise transfer this Agreement. Upon execution of the Assignment, the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is electronically confirmed. If to ACRD: Ada County Highway District Attn: Right-of-way Division 3775 Adams Street Garden City, Idaho 83714 If to Licensee: City of Meridian Attn: Tim Curns, City of Meridian (489-0342) 33 East Broadway Avenue Meridian, Idaho 83642 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACRD under section 16, Licensee's assigns. SECTION 20. EXHIBITS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. LICENSE AGREEMENT -Page 6 City of Meridian ACHD Pond Site E McMillan Road, Meridian, Idaho T4N Ri E Sec 32 SECTION 21. RECORDATION. This Agreement will be recorded in the Official Real Property Records of Ada County, Idaho. SECTION 22. Warranty of Authority to Execute. 22.1 The person executing this Agreement on behalf of ACHD represents and warrants due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 22.2 If Licensee is not a natural person, the person executing the Agreement on behalf of Licensee represents and warrants due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit, of Licensee. LICENSE AGREEMENT -Page 7 City of Meridian ACHD Pond Site E McMillan Road, Meridian, Idaho T4N Ri E Sec 32 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. LICENSEE: t G~=C-~c~~~J~ Tammy eerd Mayor o eridian STATE OF IDAHO ) ss. County of Ada ) On this ~ day of Se emir, 20~, before me, ~2SSlcc~ .)one`s' a Notary Public in and for the State of Idaho, personally appeared -rrnm.~ ~e lnlPex-d, ,known or identified to me to be the person(s) who executed this instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~?loT R j:~s •~ tary P lic daho ,~ %~ ~, Residing at: f..f ek,~l ~a ~ . 1 My commission expires:.1~ v~ ~. ~ ~~ I ,1 `t 1'I78ti~~ ~~~~~ "' •rF of ADA COUNTY HIGHWAY DISTRICT LICENSE AGREEMENT -Page 8 City of Meridian ACRD Pond Site E McMillan Road, Meridian, Idaho T4N R1 E Sec 32 Its: RigKt of Way Supervisor STATE OF IDAHO ) ss. County of Ada ) O this ~~ ~ day of .'`Y~~'Gt s~, 20 ~ (, before me, M ~c-lti~,~~ ~'~)~n ~ 1 a Notary P bIG is in and for the State of Idaho, personally appeared, Kevin John Graham known or identified to me to be the Right of Way Supervisor for the Ada County Highway District, the person who executed this instrument on behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal fhe day and year first above written, Notary Public for Id~h , Residing at: ~ iAN My commission expires: ZOI 6 I MICHELE WHITE NOTARY PUBLIC STATE OF IDAHO °--r-~=. EXHIBITS Exhibit A -Depiction of Licensee's Use Exhibit B -Depiction of ACHD's Right-of-Way Exhibit C -Legal Description of Authorized Use of Right-of-Way Exhibit D -Description of Licensee's Use LICENSE AGREEMENT -Page 9 ca H W EXHIBI'C °B" Description for Off-site Meridian City Multi-Use Pathway License Agreemen4 Lying in ACHD Parcel A Meridian City Multi-Use Pathway License Agreement, located in the NE'/a of Section 32, T.4N., R.1 E., B.M., Ada County, Idaho, being a strip of land 14.00 feet in width, right of and adjacent to the following described easement line; Commencing at the North '/a corner of said Section 32, from which the Northeast corner of said Section bears North 89°54'46" East, 2655.65 feet; thence along the west boundary of said NE %a South 00°33'22" West, 264.56 feet to the BEGINNING POINT of this pathway line description; Thence South 89°26'38" East, 10.76 feet; Thence North 84°08'32" East, 66.72 feet to a point of curvature; Thence 110.49 feet along the arc of a curve to the right, having a radius of 134.00 feet, a delta angle of 47°14'29", and a long chord bearing South 72°14'14" East, 107.38 feet to the ending Point of this pathway line. Said pathway containing 2,445 SF, more or less. EXHIBIT "C" AUSTIN CRBEK SUBDIVISION NO. 1 I a 'J 29 1/4 W, McMILLAN RD, BASIS OF BEARING ~, __._ ~ ~. N 89,54'48" E 2655.65' ____. ~ _ n 32 -~/ - r W ~ ~.ao I~ I~ I `-`~~~~I~ UNPL.ATT~D II I ~.I--.~ ~ ZO W ~ " DEGINNING POINT ~~ Q S 89'28'38°E 10.67 - - CA ` N 84'06'32'E 88.83' w•"a T \G OI i / / PATH WAY ~1i 1 ,747 SF ~--/_ ~ N, -~ I PREP®~~® ZS ~N, N~, 3 ~ ~ ~ ~ ~ ~ I ~ / ~ ~ I ~~~ / ~ ~~ / / CURVE DATA CURVE RADIUS DELTA ARC CHORD CHORD DRG C1 132.00 46'14'57" 108.35 103.68 S 72'43'58"E S~`E '~~°10°~ pFF-SITE MERIDIAN CITY 9wc.DArE 07/29/1° bkb MUI~TI~USE PATHWAY r#e~, No,1 pOR 12 pROpQSRD ~~SULQN HEIGHTS SUED, N0.3 SHEET 1 QF 1 1.DCATED IN TH!< NE 1/4 OF SECTION 3Z T.4N., R.1E., B,M. 29 28 32 33 of zl ,~/ L r 1028 N. ROSARI9 ST•, STE, 100 Phone 938-09M11 EXHIBIT "D" Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of Award of Contract Amendment No. 2 for Ferric Chloride Solution with Weschem, Inc. for the Not-To-Exceed Amount of $100,000.00 MEETING NOTES ~r'Y.~. ¢ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN.~-- ~a ~~ :, CITY OF MERIDIAN CONTRACT AMENDMENT No 2 CONTRACTOR NAME: DEPARTMENT NAME: WESCHEM, INC WASTEWATER ADDRESS: ADDRESS: P O Box 4072 33 E. Broadway Boise, ID 83711 Meridian, ID 83642 CURRENT CONTRACT INFORMATION• Contract name & Project No. Ferric Chloride Solution - PW-09.10079 Amendment Date: 8/9/2010 Prevlous Amentlments: 1 Current Contract Dates: START: 7/20/2010 COMPLETION: 7/20/2011 Current Contract Amount (Inclusive o/Prevlous Amendments fo Dale): $225.000.00 CHOOSE ONE AMENDMENT COLUMS BELOW either "STANDARD AMENDMENT" " , or AMENDMENT TO EXERCISE OPTION TO RENEW" and check off an a licable a d y pp men ments under that column. STANDARD AMENDMENT (Check all th t l l _ AMENDMENT TO EXERCISE OPTION TO RENEW a app v (Check all that Aonlvl Amendment to Contract Performance (Scope) _ Amendment to Contract Performance Amendment to Contract Dates X Amendment to Contract Dates Amendment to Contract Amount X Amendment to Contract Amount Other: (Explain) Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendmenQ: The City of Meridian is opting to extend this contract for an additional one year. Weschem will guarantee product ricin at $0.15/Ib for an additional 12 months. NEW CONTRACTINFORMATION• Amendment Date: 09/06/2011 New Contract Detea: START: 07/20/2011 COMPLETION: 07/20/2012 Amount of Amendment Change $100.000.00 Current Contract Amount (Inclusive of Previous Amendments to Date): $325.000.00 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERIDIAN CONTRACTOR ~~/(~ ' BY: ~~~ a'.2~~t TAMMY d ERD, MAYOR :'i Dated: ~ - ~p ' ~~ \` ~ ~ ~}' Dated: $I31 f ao i ~ ApprovedbyCouncil: ., , :~z /~ ~ - Attest: ~ ~ --- :`Approved b City as to Co tent :~ ,~ ~ BY: r ` ' KEI ATTS U CH SI JAYCEE MAN, CITY CLERK - ` t . ' ' , NG AGENT , I . Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 5.1 PROJECT NUMBER: ITEM TITLE: Meridian Potable Water Discharge Agreement with Boise Project Board of Control MEETING NOTES C~ e~~~ Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~'-~ -- - - ~v S. ~4-~ec~l in e ~ t`b ~ ~r~\ ~` Cori-I~v\ {~~ ~tq Y~A~ureS E IDIAN~-- IDAHO Development Services Division TO: Mayor Tammy de Weerd Members of the City Council FROM: Scott Steckline DATE: 8/24/2011 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: MERIDIAN POTABLE WATER DISCHARGE AGREEMENT WITH BOISE PROJECT BOARD OF CONTROL The Development Services Division of the Public Works Department respectfully requests the following item be placed on the September 6th, 2011 City Council Consent Agenda, for Council's consideration: I. DESCRIPTION Background This agreement will allow the City of Meridian to discharge potable water from its system at Phase 2 of the Kingsbridge Subdivision into the Ten Mile Feeder Canal, which is maintained by the Board of Control, subject to the conditions contained in the Agreement. III. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 y•~) Date • 2S• 2®I I Date Page 1 of I Ap\proved for Submission: l T- cott Steckline Land Development Supervisor ~~~ .; ~ ~ ,. ~. ~~ ~• ~,`ti ~~~ 'St .r z `_ ~• ~~ +, s r .~' ' ' ~~~~ ~ ~ City of N~eridian Potable Water Discharge Agreement ~~ .~. ~~ ~M n This A reement is made this ~ da of, 20 ~ between the Boise Project Board of Control and City of Meridian hereinafter referred to as the ~~Licensee(s)". WHEREAS, the Boise Project Board of Control, hereinafter referred to as "Board of Control", is the operating agent for the Boise-Kung Irrigation District, the Nampa and Meridian Irrigation District, the New York Irrigation District, the Wilder Irrigation District and the Big Bend Irrigation District, hereinafter referred to as "Districts", for certain irrigation works; WHEREAS, the Licensee(s), desires to discharge potable water from its system at Phase 2 of the Kingsbridge Subdivision into the Ten Mile Feeder Canal, which is maintained by the Board of Control, subject to the conditions contained In the Agreement; WHEREAS, the Board of Control is willing to license the use of the irrigation works operated and maintained by it, subject to the conditions contained in this Agreement; NOW, THEREFORE, IT IS AGREED THAT: 1. The Board of Control will allow a potable water discharge into the irrigation works described as the Ten Mile Feeder Canal at the approximate Station No. 213+90, .Sec. 28, T3N, R2E, subject to the following conditions. 2. The Licensee(s) must pay an administrative fee of $ 200.00 dollars and no cents to the Boise Project Board of Control. 3. The Licensee(s) will pay all additional costs of the Board of Control or the Districts caused in whole or in part by the Licensee's use of the irrigation works, including all increased costs of operation, maintenance and repair and all costs of operation, maintenance and re air necessary for Licensee(s) to utilize the facilities of the Board of p Control, 4. The Licensee(s) shall defend, indemnify and hold harmless the Board of Control, the Districts and the United States Bureau of Reclamation from an and all claims, costs, damages or expenses the Board of Control or any y . of the Districts or the United States Bureau of Reclamation may incur or become liable for on account of any injury to, or death of, any person, or an lama e to or destruction of, any real or personal property that may be y g caused in whole or in part by the Licensee(s)'s use of the irrigation works or arisin out of or in consequence of, the issuance of this Agreement. Such g claims ar llama es may include, but are not limited to, those arising from g breaks in the canal system, improper delivery of water and damage to the canal system. 5. The Licensee(s) is responsible for proper facilities to put the water into the irrigation works including an orifice type constant flow measuring device, and all facilities must be approved in advance as required by paragraph 13. 6. The Licensee(s) use of the irrigation works must be without damage to the irrigation works. 7. Operation and maintenance of the irrigation works will be by Board of Control employees only. Any operation or maintenance necessary by the Board of Control employees for the Licensee(s) use of the irrigation works will be at Licensee(s) expense. The Licensee(s) is prohibited from doing anything to the irrigation works without the approval of the Board of Control. 8. The Board of Control at its sole discretion may terminate this agreement at any time for any reason, with or without cause, by notice in writing to the Licensee(s) delivered at the address set out in paragraph 20. 9. By accepting this Agreement, the Licensee(s) for himself, his successors and assignees, does release and forever discharge the Board of Control, the Districts and the United States Bureau of Reclamation of any and all claims whatsoever which the Licensee may have or hereafter acquire and which the Licensee(s)'s successors and assigns hereafter can or may have against the Board of Control, the Districts and the United States Bureau of Reclamation for all losses and damages clamed against the Board of Control and the Districts arising out of or in any way relating to this Agreement, including but not limited to any and all damages arising from the damages to the Licensee(s)'s property, the interference with the contracts of the Licensee(s), the interference with the Licensee(s)'s use and enjoyment of his land, and the decrease in value of the Licensee(s)'s land or crops. 10. The Licensee(s) at his own expense shall obtain and ale with the Board of Control evidence of a policy of general comprehensive liability insurance, including automobile coverage, which policy must be approved by the Board of Control as to company, form and coverage, and which policy must fully protect the Board of Control and the Districts from any and all claims and risks in connection with any activity performed by the Licensees) by virtue of this Agreement, except for professional liability, which is covered elsewhere in this Agreement. Such policy must specifically name the Board of Control and the Districts as certificate holder there under and provide the following minimum coverage. Minimum Limits: Personal injury and property damages - $500,000 per occurrence. This general comprehensive liability insurance policy, including subsequent renewals, must be maintained in full force and effect at the Licensee(s)'s sole expense throughout the entire term of this Agreement. 11. This Agreement does not grant the right or authority to the Licensee(s) to construct, encroach or use any of the lands, easements or rights-of-way of the Board of Control or the Districts or any other parties other than the specific site location of the potable water discharge into the Ten Mile Feeder Canal as shown on sheet ~ b Kingsbridge No. 2 Subdivision construction drawings dated~~ 2~ • 2011 12. The Board of Control makes no warranty express or implied that the irrigation works are suitable for the purposes desired by the Licensee(s). 13. The Licensee(s) shall place no water into the irrigation works until specifically authorized after a proper inspection by a representative of the Board of Control. 14. The Licensee(s) shall give a two week written notice to the Board of Control each time the potable water is to be discharged into the Ten Mile Feeder Canal. 15. The Licensee(s) shall install a gate valve at the point of discharge into the Ten Mile Feeder Canal and the gate valve shall be lock closed with a Board of Control lock, until a notification of discharge has been requested by the Licensee(s) and accepted by the Board of Control. A specific start and end time must accompany the discharge request so the Board of Control will know what time to unlock and/or lock the system. 16. Discharges into the irrigation works shall be only during the non- irrigation season and only when there is no operation and maintenance being done within the Canal. Dischar es into the irri anon works shall consist only of water meeting 17. g g and federal water uality standards. There shall be no discharge of state q . azardous wastes hazardous substances or storm water. Licensee(s) shall h rovide water ualit sam le results upon request of the Board of Control. p q y p ~ immediate Failure to comply with this paragraph shall result in termination of this license. 18. The Board of Control may take such steps as are necessary to preserve irri ation works and revent damages without notice to the Licensee(s). g p The Licensee(s) authorizes the Board of Control to enter upon his property to shut off water flowing into the irrigation works to prevent damage. 19. This Agreement may not be assigned or transferred without the written consent of the Manager of the Boise Project Board of Control. 20. The Licensee(s) agrees to meet the requirements of all applicable rules, re ulations, ordinances and laws of local, state and federal authorities. g This A reement shall not constitute a waiver of any applicable g requirements. 21. Boise Project Board of Control has received a letter from Greg G. Curtis, Asst. Water Superintendent, Nampa ~ Meridian Irrigation District dated August 1St, 2011 that they have no objections to the flushin and/or discharge into the Ten Mile Feeder as long as the City of g Meridian contacts the Nampa & Meridian Irrigation District at least two weeks rior to flushing. This is needed do to the Ten Mile Feeder P discharging into the Ridenbaugh Canal. This is a requirement under this agreement. 22. Notices under this Agreement are sufficient if delivered to the Licensee(s) at the following address: ,.-~ l~,''t 5 ~~ r~~~~ 3 (telephone number) ;.~'"~"j i ~. i„ ~i' i MANAGER Boise Project Board o. Control ~~`~ ..~ LICENSEE LICENSEE STATE OF IDAHO) ss. County of ~ ~~ ) ~~ 20, before me the undersigned, a On this day of ~~ ~ ~~ Public in and for said State, personally appeared Notary } ~ ~ e to be the . .~ ~~; ~ ~ ~ ~~ known or identified to m ~ .~ of the City of Meridian, who executed the instrument n behalf of the said Cit of Meridian and acknowledged to me that he executed the o Y same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this. certificate first above itten _ s ~. a. NO ~~RY PUBL for Residin at: ~:~ C~l~.-'~ ... ~ _. . ~ ~~~;~ M Commission Expires ct~~ ~~ Y .- ~ 7 STATE OF IDAI~O) ~ ~~~ '~' ~~~ ~ ss. County of r ~~ ) da of . ~ .~ ~ ~ ~ -- , 20~, personally appeared On the ~_ y before me ~ ~~ ,,r_ ~~ ~ ~ ~ , to me known to be the official of the Boise Project Board of Control, who executed the within and foregoing instrument and J acknowled ed said instrument to be the free and voluntary act and deed of the said Board g of the uses and u oses therein mentioned, and on oath stated that he was authorized to p~ execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first ab ve wri en. N V ~ Y PUBLIC for Idaho ~~~~~~~~,,, t r ~~•~`` L ~ A k ~ Residing at: ~ : ~. ~+ ~~ ~ y r ~ ` w +..._ ~ ~~ r j 4 ~ A U ~~~ ~ a ~ V © • III J1 ~±• .~0 'a .,,~~r~ ~~,,,,, My Commission Expires: '~ - ~~_ ,~~-- Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Resolution No. `~ ' Q ~( A Resolution Adopting the Fund Balance Policy for the City of Meridian MEETING NOTES Community ItemlPresentations 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. II- Q ~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE FUND BALANCE POLICY FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 23, 2011, the City Council of Meridian received a report from the Finance Department regarding the draft City of Meridian Fund Balance Policy; and WHEREAS, after receiving said report, the City Council directed that the City of Meridian Fund Balance Policy be brought forward in Resolution form to establish the Fund Balance Policy for the City of Meridian. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City of Meridian Fund Balance Policy be adopted, a copy of which is attached to this Resolution and incorporated herein by this reference. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho this ~ ~ day of 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this ~p day of 2011. APPROVED: TAMMY WEERD, MAYOR ATTEST: "'% ,,'% -~,, ', ., ~ ~.<> YC L. HOLMAN, CITY ~LE~K ~ ~:t~ia m `` n~ e~ ~U1 RF_SOLUTION FOR CITY OF MERIDIAN FUND BALANCE POLICY -1 OF 1 CITY of MERIDIAN FUND BALANCE POLICY Department of Finance -August 2011 Purpose The purpose of this policy is to establish guidelines as per GASB 54 to categorize the City governmental fund balances from the current 3 categories to the new 5 categories. These fund balances are essential to maintain adequate levels to provide financial stability from unforeseen revenue fluctuations, unanticipated expenditures and ensure the City has sufficient cash flows. Fund Balance Desienations 1. NONSPENDABLE Fund Balance This fund balance is for those assets that are non cash or legally or contractually required to be maintained intact. Such as inventory, long term loans receivable, property held for sale, endowment or permanent fund principal and prepaid items. 2. RESTRICTED Fund Balance This fund balance is constrained for a specific purpose and legally restricted by external parties, such as State or Federal agencies. 3. COMMITTED Fund Balance This fund balance constraint is self imposed by the City Council. Formal action is required by City Council to commit funds and must occur prior to year end; however, the actual dollar amount may be determined in the subsequent period. 4. ASSIGNED Fund Balance This fund balance is intended for a specific purpose and the authority to "assign" is delegated to the City Chief Financial Officer. Formal action is not necessary to impose, remove or modify an Assigned Fund Balance. 5. UNASSIGNED Fund Balance This is the remaining fund balance that has no internal or external restrictions. Unassigned amounts are available for any purpose. Although there is generally no set spending plan, there is a need to maintain a certain funding level: The unassigned fund balance is commonly used for emergency expenditures or reserves needed to ensure cash flow. Minimum Fund Balance GASB refers to a minimum fund balance as a Stabilization Arrangement. The City has established the practice of reserving 4 months of the current year budget of personnel and year to year operating costs as the amount needed to reserve to ensure we have sufficient cash flow to maintain services between property tax receipts. This reserve will be in the unassigned fund balance unless the City Chief Financial Officer designates otherwise. Spendine Fund Balance GASB recommends the restricted, committed, assigned are spent first followed by the unassigned. The City will follow this rule unless Council approves to do otherwise thru the budget process or the capital improvement plan. Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 5L PROJECT NUMBER: TEC 11-003 ITEM TITLE: Final Order for Approval Messina Meadows Subdivision by Brighton Corporation Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat MEETING NOTES i%r~"-`` Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (~'_~ / __ ~~ Mwardle@ bv~gh}onCora -Can'J Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 5M PROJECT NUMBER: VAR 11-002 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval Regency at River Valley by The Regency at River Valley, LLC Located at 2500 N. Eagle Road Request: Variance to Unified Development Code (UDC) 1 1-3H-4B to Allow a Temporary Right-in/Right-out Access for the Site via N. Eagle Road MEETING NOTES Community ItemlPresentations Presenter Contact Info./Notes FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS `"l'_ Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with RIA Fox, Inc. for Internet and Mobile Device Enabled Application Design and Code Drafting for an Amount Not-to-Exceed $5,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPMENT OF ONLINE AND MOBILE BUSINESS DIRECTORY APPLICATION This PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPMENT OF ONLINE AND MOBIhE BUSINESS DIRECTORY APPLICATION ("Agreement") is made this ~ day of September, 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and RIA Fox, Inc., a corporation organized under the laws of the State of Idaho ("Developer"). City and Developer may hereinafter be collectively referred to as "Parties." WHEREAS, the Economic Development Division seeks innovative strategies to empower and strengthen a diverse business community in Meridian that is built for business and designed for living, and to that end wishes to engage Developer to create an online Meridian business directory application; and WHEREAS, RIA Fox specializes in building rich Internet applications for web browsers, desktop environments, and mobile devices, promoting accessibility from multiple locations and enabling fast, high-quality operations; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Developer shall create and deliver to City a basis for a business directory application that can be accessed from desktop browser aswell asInternet-enabled mobile devices, as described in Exhibit A hereto ("Application"). II. COMPENSATION. A. Total compensation. City shall make total payment to Developer for services rendered pursuant to this Agreement in the total amount of five thousand dollazs ($5,000.00). This amount shall constitute full compensation for any and all services, costs, and expenses related to this Agreement. B. Method of payment. 1. Upon delivery of Application design, Developer shall provide a completed W-9 form to City and an invoice in the amount of two thousand five hundred dollars ($2,500.00), which amount shall represent prepayment of half of the total amount due under this Agreement. City shall make such prepayment to Developer within seven (7) days of receipt of the completed W-9 form and invoice. 2. Upon City's Final Acceptance of the Application, Developer shall provide City with an invoice in the amount of two thousand five hundred dollars ($2,500.00). City shall make PROFESSIONAL SERVICES AGREEMENT-RIA FOX FOR ECONOMIC DEVELOPMENT PAGE 1 OF 10 such payment to Developer within thirty (30) days of receipt of the invoice, "City's Final Acceptance" shall occur upon: a. Developer's completion and delivery of the final Application to City; and b. City's review and approval of the completed Application or within seven (7) days of delivery, whichever occurs sooner. The seven-day timeframe described herein maybe tolled only by City's submission to Developer of written notice of complaint, dissatisfaction, or dispute in the manner set forth herein. 1f no such written notice is submitted within seven (7) days of delivery, the balance due shall be due and payable without set-off, C. No taxes withheld. Developer shall provide City with a completed W-9 form. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Developer under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Developer. III. TIME OF PERFORM]\NCE, A. Deadline. Developer shall deliver the final Application to City no later than 5:00 p.m. on Monday, September 26, 2011. B. Time of the essence. Developer acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. IV. CREATION. INTEGRITY, AND OWNERSRIP OF VIDEO PIECE, A. Intellectual property rights. Developer warrants and represents that the Application developed in connection with this Agreement has never before been authored, conceived, made, devised, created, developed, published, or copied and that Developer is the sole creator and owner of all rights in the Application and the design and all components thereof. Developer agrees to relinquish and assign to City any and all rights, title, and interest to the Application developed in connection with this Agreement, and hereby expressly waives any rights to the Application, including any right, title and interest in and to the software, code, writings, logos, concepts, improvements and all derivatives thereof, whether or not patentable, copyrightable, or subject to other forms of protection, authored, conceived, made, devised, created, ox developed by Developer, in whole or in part, either solely or faintly with others. All code generated by the Developer shall be committed directly to City's SVN repository. Developer warrants and represents that Developer is the solo author of and owner of the copyright and other intellectual property rights in and to the Application assigned hereby. Upon Final Acceptance of the Application, Developer shall not make any claim to the copyright of the Application. B. Ownership, Upon City's Final Acceptance, the Application shall be owned by City. PAOPESSIONAL SHRVICHS AGREEMENT-1tIA FOX POR ECONOMIC DEVEEOPMENT PACH 2 of 10 C. Subcontracting or assignment of obligations, Developer shall not subcontract or assign any of its obligations wider this Agreement that require or that may require its professional expertise or skills. Developer may subcontract or assign obligations that do not require its professional expertise or skills. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. V. INDEMNIFICATION. WAIVER, AND INSURANCE. A. Indemnification. Developer shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officia]s from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Developer, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Developer's obligations under this Agreement. Developer specifically, without limitation, agrees to indemnify, defend, and hold City, its officers, elected officials, appointees, agents, directors, members, and employees harmless from and against any claims related to the Application or to this Agreement, including, but not limited to, a claim that the Application infringes any copyright, patent, trademark, or other intellectual property right. B. Waiver. Developer waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Developer's performance of this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. C. Worker's Compensation insurance. Developer shall obtain and shall maintain, at its own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Application, workers' compensation insurance, in an amount required by law, to cover any and all persons employed by Developer. D. Other insurance Developer's responsibility. City shall not provide insurance to cover loss, theft, or damage of Developer's property or to cover any activity undertaken by Developer in the furtherance of Developer's rights ox obligations described herein. Insurance Developer's person, property, or interests and/or that of Developer's employees or agents shall be the sole responsibility of Developer. Developer shall obtain all necessary insurance as may be required in order to protect Developer's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the Application or any component thereof. 'VI. TERMINATION. A. Termination for cause. If either Party determines that the othex has failed to comply with any t, team or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under PROFESSIONAL SERVICES AGREEMENT - RIA FGX FOR ECONOMIC DEVELOPMENT PAGE 3 Of 10 this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement;,or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to telTninate, and shall specify the grounds for termination. The defaulting parly shall have seven (7) days after receipt of such notice to cure the default. If the default is not oared within such period, this Agreement shall be terminated upon mailing of written notice of such terrninatlon by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Developer for work actually completed by Developer prior to the date of written notice of termination and any additional services actually performed prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Developer. In the event of termination for non-performance or default by Developer, all finished and unfinished source code and/or any and all other work products prepared and submitted or prepare8 for submission under this Agreement shall, at City's option, become its properly. Notwithstanding this provision, Developer shall not be relieved of any liability for damages sustained by City attributable to Developer's breach of this Agreement. City may reasopably withhold payments due until such time as the exact amount of damages due to City from Developer is detemuned. B. Non-waiver of breach. Except as otherwise expressly stated in this Agreement, waiver of any breach or default of any provision of this Agreemont shall not be construed as a waiver of a breach of the same or any other provision hereof. VII, GL+NI;RALPROVI5IONS. A. Relationship of Parties, It is the express intention of Parties that Developer is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Developer and City or between Developer and any official, agent, or employee of City. Both parties acknowledge that Developer is not an employee of City. Developer shall retain the right to perform services for others during the term of this Agreement. B. ,Compliance with law. Throughout the course of this Agreement, Developer shall comply with any and all applicable federal, state, and local laws. C. Non-discrimination. Throughout the course of this Agreement, Developer shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either PROFESSIONAL SERVICES AGREEMENT -12tA FOX FOR ECONOMIC DEVELOPMENT PAGE 4 Of 10 party, or agents of either party, whether oral or written, whether previous to the execution ( hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing parry shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. G. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy iH. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. I. Successors and assigns, All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. J. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Developer: I2iA Fox, Inc. Ben Whitaker, President 712 E. Washakie Street Meridian, Idaho 83646 (208) 321-4140 ben@riafox.com C City of Meridian Attn: Brenda Sherwood 33 E. Broadway Avenue Meridian, Idaho 83642 (208) 846-7313 bsherwood@meridiancity.org Either party may change its address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement PROFESSIONAL SERVICES AGREEMENT -RIA FOX FOR ECONOMIC DEVELOPMENT PAGE $ Of t O by the persons referenced below prior to such ratification or approval shall not be construed as ( proof of validity in the absence of Meridian City Council approval. ~~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ~ day of September, 2011. RIA FOX: , ~. ~::~,;., ~ ,. I JI ```1 'V ... '.. !r. I.l ~~_~ ~... n Whitaker, President ~~, `` ;,~' S H.:3: X11: CITY OF MERH)IAN: '~~ `"'T ° ' ~ "~~: ~i~~pr ~diiS ' ~,~;: riui .; •,t Y,. ~. BY: "~ Attest: Tammy W erd, Mayor Jaycee an, City Clerk PROFESSIONAL SERVICES AGREEMENT - RIA FOX FOR ECONOMIC DEVELOPMENT PAGE 6 OP 10 EXHIBIT A DEVELOPER'S STATEMENT OF WORK PROFESSIONAL SERVICES AGREEMENT- R1A FOX FORBCONOM[C DEVELOPMENT PAGE 7 Of 10 t21A Fox Inc. info@riafox.com (208} 321-4140 otfrce (866) 676-6478 fax About RIA Fox RIA Fox Inc. {"Developer") specializes in Rlch Internet Applications and offers over a decade of experience in the industry, providing the capability to deliver complex data applications in a simple and current user experience. Project Descripfion Developer will establish a basic foundation for creating a centralized business directory that can be browsed and navigated by registered users and the general public using current Internet browsers for desktop computers and web enabled mobile devices, which can be used to expand the features to offer value to Meridian businesses. Both user interfaces will mimic the style and branding found on www.meridiancity.org. Quality of Work Quality of Work shall be defined as a finished product that meets the coding, database, and all other standards and specifications set forth herein, is reasonably bug free. The Developer warrants that all members of the development team involved in this project have experience in working with the language and platform designated for the Application. Each member of the development team will follow the designated coding and database standards appropriate for the project and designated or approved by City, Internal iteration reviews will be held daily to ensure that each iteration is developed in an adequate time frame and that any impediments to the progress of the project are discovered as soon as possible. Each iteration will also be presented for review to City to verify tha# the user experience, data handling and performance is to satisfaction. Specific requirements established by City to ensure Quality of Work include: 7. All code is written in C# based on a .NET 3.5 app pool on IIS 7.5. 2. All database connectivity uses and is compatible with SQL SERVER 2008 R2. 3. Final product runs bug-free on a 64 bit system. 4. All code is committed to the City's SVN repository. 5. All code adheres to the Coding and Database Standards provided by the City. Services Developer agrees to provide the following services as needed to complete the project: • Consultation • System architecture Programming • Server setup and maintenance • Prototyping • Graphic design ^ Data management ^ Quality assurance testing and debugging ^ Online project management tools to allow City and Developer staff to view, comment and generate reports on milestones, tasks, discussions, files and code commitments PROFESSIONAL SERVECES AGREEMENT -RIA FOX FOR BCONOMIC DEVELOPMENT PAGE $ OF 10 Statement of Work: City Business Directory Project: Business Directory App Phase I Price: $5,000.00 Time Frame: 35 Business Days City Resources City agrees to provide the following resources as needed to complete the project: 1. Website hosting for live deployment 2. Current Coding Standards for active environment 3. SVN access for repository commits 4. Participation and feedback for user story creation and Application design 5. Software and database standards 6. Subversion access deployment Environments The development environment will be maintained and hosted by Developer on a shared environment that resembles the environment specifications provided by City. Live Environment will be started on a shared environment until instruction is received from City to migrate the application to a server provided by City. User Pio171es /Roles The website component of the Application will be made to accommodate different users with the following roles: 1. User: A member of the public utilizing the Application. 2. City Staff: A City staff member who has been given privileges to manage aCity-side component 3. Business Profile Manager: A business representative that has been given administrative privileges Website Features The following features are to be included in the release: 1. User information: first name, last name, email address, password, role 2. City information: name, description, locations, contacts, phone, email, creator, website, social media page(s), tags 3. Business information: name, description, type of business, hours of operation, location(s), address, address2, city, state, zip, email, phone, phone2, phone3, square footage, and number of employees 4. UserToOrganization: user, organization, role 5. LocationToOrganizatton: location, organization The following functionality will be provided according to the approved website layout and data requirements: 1. User Registration: This feature will collect the email address and password for an individual accessing the site. The user will also need to agree to the terms and policies of the site. 2. User Login: This will allow a User to login. 3. Business Directory Browsing: This view will show a navigable grid with the registered businesses listed. Clicking on an individual business will take the user to the Business Profile Page. 4. Business Directory Search 5. Dynamic Grid View of Businesses: Wheh a User types into the search input field the grid results will change based on the entered text to filter the results. 6. City Departments Directory: User will see a list of city departments (possibly in same grid format as business directory) 7. Create Business Profile: A logged in User will be able to create a business profile. The info collected will include: Company Name (required), Description, Phone, Email address, Website address, square footage, and number of employees B. Manage Business Profile: A logged in Business Profile Manager will be able to edit his existing business data, tags, and Add/Remove Business Profile Managers 9. Manage Business Locations: A Profile Manager will also be able to Add/Remove locations PROFESSIONAL SERVICES AGREEMENT-RIA FOX FOR ECONOMIC DEVELOPMENT PAGE 9 of 70 10. Business Profile Page: Here the User will see the specific data for a business including the name, type of business, address of location(s), phone number, hours of operation, GIS coordinates, website, and contact information. 11. Map link: User will be able to highlight a location to load a Google map view of the location(s). 12. Business Directory Export: City Staff will be able to export CSV file of data set 13. Manage Staff Members: Business Profile Managers will be able to add, edit, and remove staff members listed. 14. Manage Departments: Business Profile Managers will be able to add, edit, remove departments Websfte Layouts The website will be 960px wide. There will be four layouts provided to cover the pages of the site for the home page, default page, data grids and business profile. Two design revisions will be available for these layouts. Mobile features The mobile version will be built to accommodate a wide range of screen sizes and phones. The idea is to create a web mobile friendly version so That statistics can be gathered on device usage and features to help better determine future development and direction. The following features are to be included in the release: 1. User information: first name, last name, email address, password, role 2. City information: name, description, locations, contacts, phone, email, creator, website, social media page(s), tags 3. Organization/business information: name, description, type of business, hours of operation, location(s), address, address2, city, state, zip, email, phone, phone2, phone3, square footage, and number of employees 4. UserToOrganization: user, organization, role 5, LocationToOrganization: location, organization The following functionality will be provided according to the approved Mobile Layout and Data requirements: 1. Business Directory Browsing: This will be a simplified version of the website-formatted Business Directory Browsing, to allow the User to browse the directory on a small screen. 2. Business Directory Search 3. City Departments Directory Browsing: This will be a simplified version.of the website-formatted City Departments Directory Browsing, to allow the User to browse the directory on a small screen. 4. Business Info Page: Here the User will see the specific data for a business including the name, type of business, address of location(s), phone number, hours of operation, GIS coordinates, website, and contact information. 5. Map Link: User will be able to highlight a location to load a Google map view of the location(s). Mobile Layouts The mobile website will be built to be scalable to best accommodate the following screen sizes: • 128 x 160 pixels • 176 x 220 pixels • 240 x 320 pixels • 320 x 480 pixels There will also be two layouts for the Business Directory Browsing and Business Directory Search, as well as the Business Info Page. Two design revisions will be available for these layouts. PROFESSIONAL SERVICES AGREEMENT'--RIA FOX FOR ECONOMIC DEVELGPMENT PAGE 10 of 1 O Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: Professional Services Agreement between the City of Meridian and TAG Historical Research & Consulting (a/b/n The Arrowrock Group, Inc.) in Conjunction with the Historical Preservation Commission 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 (} _ ~ ~1 ~/ ~ / ~ ©r~cl Ina -~ ~1fJr2.e. - ~ (d9 PROFESSIONAL SERVICES AGREEMENT T~s Professional Services Agreement (the"Agreement") is entered into this ~_~day of ~, 2011, by and between TAG Historical Reseazch and Consulting, a/b/n of The Anowrock Group, Inc., an Idaho corporation located in Boise, Idaho, (the "Consultant"), for itself and its heirs, executors, administrators, related entities and assigns and the City of Meridian, Idaho (the "Client"). RECITALS WHEREAS, the CLIENT is in need of professional services for a literature review of recorded sites in the Ten Mile Interchange area, a windshield survey of the area, and recommendations for future work to document historic agricultural and other properties; WHEREAS, the Consultant has agreed to perform consulting work to assist the CLIENT with the foregoing needs and other related activities as described herein; NOW, THEREFORE, for good and valuable consideration, the parties hereby agree as follows: 1. Consultant's Services. Consultant shall be available and shall provide the CLIENT professional services as described in the Proposal attached hereto as Exhibit A, and incorporated herein by this reference as if set forth in full ("Consulting Services"). 2. Consideration. 2.1 In consideration of the Consulting Services to be performed by Consultant under the Agreement, the CLIENT shall pay Consultant an amount not to exceed three thousand eight hundred and no dollars ($3,000.00) ("Project Fee"). 2.2 The CLIENT shall pay the full amount of the Project Fee upon acceptance of the Consultant's final report. 3. Independent Contractor. Nothing contained herein or any document executed in connection herewith, shall be construed to create an employer-employee, partnership or joint venture relationship between the CLIENT and Consultant. Consultant is an independent contractor and not an employee of the CLIENT. The consideration set forth in Section 2 shall be the sole consideration due Consultant for the services rendered hereunder. It is understood that the CLIENT shall not withhold any amounts for payment of taxes from the compensation of Consultation hereunder. Consultant shall not represent itself to be or hold itself out as an employee of the CLIENT and Consultants acknowledges that it shall not have the right or entitlement in or to any of the pension, retirement or other benefit programs now or hereafter available to the CLIENT's regular employees. Any and all sums subject to deductions, if any, required to be withheld and/or PROFESSIONAL SERVICES AGREEMENT - 1 paid under any applicable state, federal or municipal laws or union or professional guild regulations shall be Consultant's sole responsibility. 4. Confidentiality. In the course of performing the Consulting Services, the parties recognize that the Consultant may come in contact or become familiar with information which the CLIENT may consider confidential. Consultant agrees not to discuss or divulge to anyone other than appropriate CLIENT personnel or their designees any information formally designated by the CLIENT as "Confidential." 5. Term. This Agreement shall commence on month, day, year, and shall terminate on month, day, years, unless earlier terminated by either party hereto. Either party may terminate this Agreement upon thirty (30) days written notice. 6. Consultant's Taxpayer I.D. Number. Consultant shall provide the CLIENT with its Taxpayer I.D. Number prior to receipt of any payment. 7. Representations and Warranties. The Consultant shall make no representations, warranties, or commitments binding the CLIENT without the CLIENT'S prior written consent. 8. The Waiver. Failure to invoke any right, condition, or covenant in the Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, condition, o covenant and neither party may rely on such failure. 9. Notice. Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly addressed to the appropriate party at the address set forth below: Notices to Consultant: Notices to Client: Barbara Perry Bauer City of Meridian TAG Historical Research & Consulting Purchasing Agent P.O. Box 7333 33 E. Idaho Avenue Boise, ID 83707-1333 Meridian, Idaho 83642 10. Enforceability. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be impaired. 11. Miscellaneous 11.1 Entire Agreement and Amendments. This Agreement constitutes the entire agreement of the parties with regazd to the subject matter hereof, and replaces and supersedes all other agreements or understandings, whether written or oral. No amendment or extension of this Agreement shall be binding unless in writing and signed by both parties, PROFESSIONAL SERVICES AGREEMENT - 2 11.2 Governing Law, Severability. This Agreement shall be governed by the laws of the State of Idaho. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. WHEREFORE, the undersigned parties have executed this Agreement as of the date first written above. CLIENT City of Meridian gy~ ~, Its: TAG HISTORICAL RESEARCH & CONSULTING a/b/n of The A[rowrock Group, Inc. By: Its: PROFESSIONAL SERVICES AGREEMENT - 3 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT - 4 Proposal Literature Review and Windshield Survey of the Ten Mile Interchange Vicinity Meridian, Idaho Submitted to the City of Meridian By TAG Historical Research & Consulting (a/b/n The Arrowrock Group, Inc.) August 30, 2011 ~~ Hisioric~l FtaSearcil Meridian was established in 1893 as an agricultural community. Having experienced rapid growth over the past twenty years, the city has developed tools to effectively plan while facing the many challenges of explosive growth. In anticipation of a new interchange at the intersection of Ten Mile Road and I-84 the city created the "Ten Mile Interchange Specific Area Plan," prior to its constrrction. As of 2011, the interchange is complete. The surrounding area, formerly primarily used for agriculture, is undergoing commercial and residential development. The city recognizes the importance of its agricultural past and wants to document the physical remains of the farm economy in the vicinity of the Ten Mile Interchange. TAG Historical Research & Consulting can provide the necessazy services to assist with the identification and documentation historic properties. The following proposal provides a methodology for a literature review of recorded sites in the azea, a windshield survey, and recommendations for future work. Surveys of the project area were completed in previous surveys 1989, 1990 and 1999 for the Idaho Historic Sites Inventory by the staff of the Idaho State Historical Society and consultants. Other sites have been documented through projects requiring compliance with Section 106 of the National Historic Preservation Act; such as the construction of roads and cell towers, but many sites, particulazly those from the mid-twentieth, have not been identified. Methodology: L .Identify project area. Based on information in the overview of the Ten Mile Interchange Specific Area Plan, the area is bounded by McDermott Rd on the west, the RR tracks north of Franklin Rd on the north, Linder Road on the east and Victory Rd on the south. 2. Review previous surveys. Conducting a literature review at the State Historic Preservation Office, which will provide a map and a list of surveys and reports completed for locations in the Ten Mile Interchange Specific Area. Create an initial list ofproperties to record. Compare the literature review list with the city of Meridian property list to create a list ofproperties with structures identified with construction dates 1966 and earlier. 1966 is selected as the cutoff date to provide some flexibility for what may prove to be a multi-year project. Although the general requirement for nomination to the National Register of Historic Places is 50 years of age, an overview study will generally include properties constructed 45 years ago. If funding or other factors delay a survey, this provides enough information to include properties that will soon be eligible to the NRHP as well as those that aze already within the age range. 1 4. Conduct a windshield survey. A windshield survey is the most basic method used to identify sites. Using the initial properties list, TAG will drive the survey area to verify properties that merit recordation at the reconnaissance or intensive level. Photographs will betaken of selected properties only and will be taken from the public right-of--way. 5. Prepare an executive summary and map. The executive summary will describe the methodology and results of the windshield survey and provide recommendations for future work. The map will be provided in hard copy and electronic format and will show previously recorded sites in the area that are non- extant, previously recorded existing sites, and any newly identified sites in the area. Deliverables (both hard copy and electronic files will be provided): Executive Summary Map Budget: Not to exceed $3,000.00 including professional services and expenses. Professional services: Research, field work, writing, editing, and report production up to 33 hours@$65.00/hour. Expenses: Map production $600.00; other expenses (photocopies, SHPO fees etc) $200.00 Schedule: Work begins upon execution of the contract; Executive Summary and map are due September 30, 2011. Additional information: Insurance certificates and W-9 will be provided upon execution of the contract. Equal Employment Opportunity Policy Statement The Arrowrock Group, Inc, d/b/a TAG Historrca! Research & Consulting, is committed to equal employment opporluniTy to all qualified persons withouf regard to race, color, creed, religion, age, gender, national origin, ancestry, marital status, disability or any other protected status. We are committed to this policy by the laws of our country and by our own value system. Our policy of Equal Employment Opportunity applies~to all aspects of employment at TAG Historical Research & Consulting, including hiring, compensation, promotion, transfer, training and disciplinary action. It is also our policy [o conduct all business without regard [o age, race, color, religion, gender or national origin. Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Presentation by Representatives of Tuscany Subdivision Regarding Water Reservoir Site 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 Locust Grove/Victory Neighbors September 6, 2011 Dear Mayor De Weerd and Distinguished City Council Members, ~.~'~EIVED SLr' 0 6 2011 r, I"f v u r- cxCB~~~- CITY CLERKS OFFICE We appreciate the effort that has gone into helping the residents of the Locust Grove/Victory Road neighborhoods to better understand the issues surrounding the initial decision to place a water tank at the Locust Grove/Victory Road location. In particular we appreciate the Pubic Works Department taking into consideration the concerns of our neighborhoods. The community criteria that were developed through the many community meetings between citizers and the public works staff will be beneficial for the city to use in any future water tank siting proposals. We are pleased that Meridian is a city that listens to its citizens' concerns. We were informed at our last community meeting, the Public Works Department has decided to revisit the original 120 plus sites in Zone 4, and use the criteria worked out through the public meetings. We understand you will be looking for a location that meets more of the siting criteria in light of the down lure in the real estate market over the past two years. We applaud and thank the Public Works Department for the direction they are taking. Over the past year we have worked with our neighbors and have obtained 336 signatures on a petition opposing the location of the site at Locust Grove/ Victory Road. We feel it is important to present these petitions to our elected city officials so they will know the extent of the opposition to the site at Locust Grove/Victory Road. Those petition signatures accompany this letter. Once again we thank your staff for working through this process with us. Sincerely, Mike Field Locust Grove/Victory Neighbors Attachments PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the und~i`signed, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposit~n to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a watet tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si nature - 1 ~' - s 3C,- - ~r ~L. /~1ZsS r9lo~~> ~2 ' G~~ s /7.~ ~' ~Si4l~~~CViZ %~lZ. .= ~~el,.~ Bahl I`liJ I~~~ E. Srcr( S--F- ~ ~ ~ ML~Ki,I ~~,fi i f. JRfl~.wl~. t~,~ ~ 1 1 I Gri~tS W q b e/ ~ 7 I,"~~ ~. Za r~'~ c ~j ~" ~n~~~ W~~ I~~~ e- `~~ U ~~ ~~~ r-~ ~~~~ ~~~,~~R ~ ~~ 8 ~ r; s~~ ray sr ~ ~~t~~ ~~ ~Jp~E.~~i/y~ ~B`l~ ~ S~~rc.~iJo c: f ---- --- ~~ ~( - ---- in~//_ ~.~,.~ , O PETITION AGAINST IVIfERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corned of Locust Grove Road and Victory Road in the middle of established neighborhood. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si nature ~~~ 3~~ S• ~~~~~z~ " ~s ~ ~/~~ ,. ~ ~~~% l/~~ ~~ ~- s~~~, ~ y sT ~~ti.,o,~ ~~~.~~~ ~~ ~~ ~- s,« ~~ sr. ~ ` IS S: ~i l~ui~ello l.u G / ~r~,Y~ 1'IYIf~. I°~51o C~ /e-rclico i; PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners. of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address ____ g Si nature' ~~. ~ ~ - ', i ,~ p j~,", er. a~ ~rGt ~~ ~" 37~~ >S: ~r~r~one ~`5~y~ p ~ - , 0. i ~~ Z I~C" vl n e.~ 38 b l S . Ft re r.) z~ ~J ------ - Mgr ~ o~ 3G`6~ ~ ~f~l,?IZ av ~;~ ' `7 ~ L /) ~~ ~ 3 Y 5~ S• /M ~ ~j a h ~~,,~ "! S G~ r t c~ ~~ c~u~1c~ 1~ 3 l .Z J ~s ~ S i ~l'YI'ra~ Vlc~-~r I~h ~ ~er~l~~ioGt. llC~~~ % '° . l ,~ V l~ ~,~ ,~ 3 PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on plannj~rj and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of M$tidian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian G`ity Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si natur J fF 1~'-HC~ws Il~~- F ~ s~ s~ - ~~ ~ << '~~ ~rv~~s~~ 5~ c>2 s. Lan~~~ ~ I - - ~hs ~ 5. S~dur; ~l ~ ~e~ - ~ ~ ~2~Si ~~ ~~~la ~ _ /~/E ~/.~d/~'On~ 2263 ~. GE/~1T.CC~/CE D ~~~~~ S ~ Iv(~V y~EN . ~ . , d N 3 e ~ Z .r . r3.~.1~.,,. c ~ ~/ Q / JI ~ , , ~ /~ 1 ~~1 tll~vt,~-Z ` X77 3 5 S. ~~w~s~l ;c o ~~- - ~ '~v-r.2 ~ h~,i1n Um ~j~ /~ rN,~; e~ ~ 75-I 5 ~ ~~~~~~%~w /V ~ ~a S~j~,-,ti~/'~iv~,~E~ (J ~ ~o,~~ 1~~+- a - 3s S u ., PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallt~n water tank on the southeast corner of Locust Grove Road and Victory Road in 4jte middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning arid development of this project. All the homedvuners in the neighborhoods adjacent to the proposed water tank bought their properties`~naware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address ature S ~G /~/,~ F Serc%; o G _ ~~ ~r rb 3 ~~2 S. I ~~ ~,~nn,~ I~ ~ 5~2~r~tlb s~-, ~ ~ ~ ~-- ~__ ~ 1 c~ = _ s ~ ~1 ~~ r b~~ ~~;rY1,~~i'r ~I~~l~ 5, ~rn~ ~f~ ~~ ~2nt,~. ,~Amt~ ~m~~~ ~~~i~ S. i~~o AUe; C,~J a- ~Q 2~ 5 z ~ -Fv~a+~k[,v 5 U U ~. PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and `Jictory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address ~ 'gn !u ~~ e ~ e ~-~ ~ s ~ ~--ve , ~ ~ 1-~ ~ 4 ~.~ ~ v ~ ~~1 ~ v r~.ti ~JQ _... M ~ - 3 > ~s: - -rr~~ D 1 . I- ~~, , C ~~,,,o; ~ 3i~(~~ s~ ~r~ ~,-~ ~ ~ ~~ ~-~~ ~: ~n e 3~` ~: o U k S~ I ~-~ 3 G 9 ~ S c~~~ _ ._ _z =- ~--._-E O PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si nature ~~ ~i le ~C~, So~ I ~~~ ~~~i I g~ ~ I -~- ~ ~. ~~ . .~ i2wv ~~ r ~~ ~~~Cvt{ ~ . ~-y~ru~ l~.c ~-d,~r.~ /~a'I,~(~ ~ n. ~- ~U .n ~Pc.l~ c»" S ~~ QL1 S. 14C'nc: ~ vQ / ~ __.- -, ~er~ u~t ~ CurJle ~ t~ ~ s -,v r, /~~ _~ __ ~In/ , vr- G~uJ Z~s ~~ ~5 s ,~ ;,~v A~/ ~- ~ G" q/1 L.~.~~rn(~ ~ ~~C(tfljC>~ ~T r~ ~_L~-~` ~~~ 1~~7N[b /~~(7~ ~~a PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be :stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si gnature _~ ~ rlrl ~ 2L 51. E . r ~ ~ c ~~ ~ S-' ~ ~ ~-~-yl-.'.-~. ~' ~ q5 a ~ ~ca~~ , ~AVlI~ ~l~ ~~ IiCU .. _y _--_ i~~,~ ~-~ ~~ • t ~, ~ ~ ~r , ~ ~ebecc~ Cal-doi'~ 1802 E. Sercl~i~ G+. u{f- ~a~c1~ryR 1~~~ ~, SE~~~I~~~ Ct, 'n_ l ~' C ~~ PETITION AGAINST MERIDIAN GROUND RESERVOIR ~2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Signature Sens :~ ~ 3~S S , L-a~, o ,.~ ,~ ~1~;1~ tia~;l~Icy 334 S- ~a~,v ~~`~.~ Q+~ew ~ ~ow~r~~l ~l0 6 .cv~~ ~.,4.-- ~1rr,-i l~n:-r-~~sS 373 S ~omo ~tl I`~OnGtld ~1ti'wririWL7i{L ~7raf ra.. ~A5l11GQ wQy ~'NLp.L~(- t~~ r?t(.J~ 3673 S '/asc(lCc., (~ /,Gc,~ w 3 :1, ~ (-mow tx, ~0 1`~ ~~`~ 1 Fi ~2 rC~~~ ~~ U ~v v~: PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development ofthis-project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Signature OfJ 5~ ~ ~ ell es-f ~ I v s..~ ~, , l~ ~ w~ l --' ~ ~~~tvL- _ ~' ~~ 36G~ S. s, ~~ ~4 ~ /D.~ r ~%~~~75 /l~ ~ ~ ~w ~ rK, ana ~czB~-~ 3.?34 S • ~tl pan 1 ~ ~i.~, fi' ~P ~ s' ~- 1' K I Ker 35G5 ~ ~ l.J ---- L~ i'o PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locus~Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's degision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank rYear themproperties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our' property values and would also be an industrial eyesore. Therefore; we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name ~ Print Address Sr nature ~~/ ~JE,UL~ /9~~ E V~ja.~;`~~d e1'?" ~ ?'.G.Geu- R~Z/' L//l/ ELJTE/N l / PoZ E efEk'G//O .f ) (r8~'Y 2 / ~ / 'W 1 In' ~i P.~- ~ ~Z- ~~~G C.ec,~~, 4c c~ du C ~~c II ~~.~I~e ,35~s S. M~.~-low A~lce ~et15~n 3512 S. MUr~o Cu ay ~~,~/ ,~ -~`~, 1-1(a'~C JY.OD't f.~ .~~~ ~J e~J V'~ u f i0 I~.~ I(~(.~ ~~ t,~''cNe~ 13~k-eL 395 S- r1„r1~ W~ ~_ yy aiLC~ .". o S ~ GAL (a (,;~ cw _..~ .. l .~ ~ ~2- ~ ~r~e Flo ~ S. j"'I~~I~~ ~~ J I 1 PETITIQN ACyAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a~vuo million gallon water tapk on the southeast comer of Locust Grove Road and ViotcYr'y Road in the middle of established neighborhoods. As residents ~~d/or homeowners of these neighborhoods, we are iR opposition to the City CouriGil'S decision to mpve forward on planning and develppment of this project. All the homryowne~s in the neighborhoods adjacent to the proposed water tank bought their properties unaware tHat the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community whi~1 irue#>ought pur homes. Wp q~lieve the water tank would have a negative effect on o~ property values and would also be an industrial eyesore. Thr2,i-efore, we object ~o the recent Meridian City Council action instructing city ~r~ployees to continue working on implementing this project. We ask that H(ork be Stopped on this project and that other locations be considered that would not have a .negative impact on existing homeowners. ,~PrintName PrinfiAddress Signature _ ~ _ ~ `7 -.-_.,_ ~,~f ~e r So h~ s l 3 3 So S . /~1,.,.,, ~o '~ '1 L,~ a U- ~3~8 s - ~« ho ~~ ;~ - I~ ~.~s~ Mur~o ~N '~-I ~ i ~ o ~ _ ~ ,~~ ~~ t 1~ ~ (oY ~~ 2 ~: lc, ° ~ S ~ctvy~„~ n ~ ~s~ ~. ~~ rl . vs~, , _ h c ~~ ~~ ~ ~~ p Y ~. 12 PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to strip plans for construction of a two million gallon water tank on the southeast corner of Locust Glove Rdad and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent rp the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It' oes against everything we were told about this community when we bought our h~mes. We believe the water tank would have a negative effect on our property valves and Nrould also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project grid that other locations be considered that would not have a negative impdct on existing homeowners. Print Name Print Address Si nature G/. - T tJ~ }FOLD S [SZy E fJbrl~r UsA p~ ~ , L e~ ~~ vN G / ~ ~ ~~. ~%l~~i/~ ~~ ~ ~ ,~ _ ~IAU~ ~l~~t,~>~~ l a~ ~ o ~ L~sH R.__ ~., ~ ~ ~ a > ~ ' ~ /~o~c ~ ' S ~ ~~ y L _: Li~na~ C~~vic es crn i 3l a ~; . Nlo,~a L.~51 (~~ - - ~~ ~-~~--~~e~%_,~j~-e1'. ~--~_ i3 PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have negative impact on existing homeowners. Pri nt Name Print Address Si nature ,~ p ~G~.G/ .~, /3/z ~ ~i~G~s~ C~i~ - ti~ ~: -. _ ~/ ~ ~~ = C~- ~ ~' _ ~ ~ > /1, b. ~ ~ rv ~~IbU S~ Fc~sso ~~ PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si nature 7 ~` _ . _~-> . `~ a ~; ` ~~~2SH'~I ~ 3~ ~ E-. ,,S ~ S~ SY ~I~,'~~U~ ~ Gl,vki n ~ 4~ ~~ ~pl Sly `~~ ~~ ~'~~ v l~ PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact qn existing homeowners. Print Name Print Address Si nature ~ 9 ~o~ s ~ D~j ~- ~~ ~l~S ~ GAi ,0 c 17 ~ ~~ 1-~ ~ ~!C ~~ ,-.- q 5, ~ C ~C ' ~ i . ~ytiu.w fj'~i,I~S'~IC~ ~~ i ~ ~~~~ ~~ ~~ ~ ~ `~~~~ . i71~ ~e ~ ~ ~ t~.~ N2rn~( ~,1, lf~~ LV~,1~}LC~LI ~ ~ ~ G ~ l~l^e?- ~(`J`~- J~!" J `~~y-r r(7w55a~r 1Z~'`~ L , 1"~u~.~ ~~-5 c J ~ .:~ : ~.-...v!J 16 PETITION AGAINST MERIDIAN GROUND RESERVOIR~2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unawares that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Pririt Name Print Address Signature l ~ ~' . ~mv, o ~ ~~ wv / ~'. ~ ~ YI ~L KC.. ~~~ ~ ~ IU'D`.' I~UL / ~ ~~a ~ ~„~ ®~ 3 i rl ~ GZU~~ , ~`~C%yi ~~ .~7 a ~ S )9~1 u~/o ~w-~ ~ ~' Cl2,G"t ~~l~/' ~ ''te~ sec ~uIC~ 7 ~ S. IN~u~v~c-. ~~uc ,'~~ Si .,fir ~~/~-~" p r - J Q ~.,~ ~~ . ~1 ~ Y 1CR ~ V ; ,~I~.VW10 S~+ . ~-, ~~til- ' CJ, ov~~~a ~ Qvn~ '~~ ~ ~ z . ~a~brvl~ ~~ ~ ~,~ . uD,~l.- ~ ~ 1~/. ~h l~[xv; ~l@hd /023 3 ,L ~A>'er i~~ S J '`~ ~( ~, PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Signature i,R-~'1 wl~r ~ ~2~1 g c ~~a ~e~ mz~~ c~vn ~~~ ~ C~-~ i ~L~- --, -~ ~ ~,C, ,~ -e.~~~~ ol~ l,_ ~I-j ~, ~ C,l~-~~ ~- , < ~~ co~w~u '~?~7~~/J ~' ~ ~ c~ Pr ~ ~~ '~ i~ri ~ p /~ z~~l ~ ~~'~l~i~l ~ " ~ -G'~c-cam ~ !~i,(R,~ J~~ll'iS~~ j3ClI ~' ~`Ct~~~~- ~~~L~L~ ~~ ^; ,. ~~ ~.~C~c~; ~~ ,~ PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grpve Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si nature r ~~,-Y, i cue, ~ ~''~0~ f . c~lefm~ S~- ~-rn ~~-~--~-, ' / ~U~i'}'I r^ ~~~ [M 1309 L ~n.~~r Vho ~ P 0 ~ ~, a .Z~°1 L, G~C'~rtiO ~i ( ~ C~~l ~ ~(1~ 2~'~' ~ G ~,Jrlu ~ i 9 v~ Lhti ~~a c_~ 11 ? L. ~~a l~or-,.~ s -~ •. 1 ~...._._ i C'~I C G~10~ r1e~ ~ZGZ ~ 19`li~.lidt: )T r/4 C~ri/ /' u O Iq PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tdnk near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have negative impact on existing homeowners. P r int Name Print Addr ess Si nature {{ ~~ l~iliYlt P~[C~~j ~ ~Z e ~~3~ s, L~aN IZy / Gw ~~ ~~ G ~~ ~~-,._ ,IQfr r~r~-s J~iZ~ I. Ge~~~t:~„t" /„/~'( l~l• l /~" ~%z ~~ _ C~ ~~w~~~~~ X3.3 " ~S/ /,~ s~-, r _z~r ~:~' ~~-~~, ~-~ s~, ~ ~ ~-~,~ -- ~ a ~, , S ~ r ~ ~ t- / - ~~ ,~,~ '~~~(h 'dip=~° ~Z(,v E~ SICI~y ~~ ,~~ ;~y'S~n, ''~,~>--,.-~- ~~,v, ~~I~ Z23~i E. Sic~1.~ 5T. 1 1 ~ ~~%rz nc~ ~~ .11 Z Z 3~l f, 5~~ : l St ~ ~~~ 1 ~Y ~n- ~L~~CN~ /~ S F-~.1.~-y, W , ~ _ ~ L.~1~~ ' ~. ~1U3'~.._ / lY l/~~7 J ~ ~~ 1 1 / Ll~ Gr '' ,,. ~ „n 7._~ J -, -2a PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All #h~ homeowners in the neighborhoods adjacent to the proposed water tank bought theii,properties unaware that the City of Meridian would seek to construct a water tank near theirproperties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on thin project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si nature ~~ iN ~ ,jw ~ ~ , o'Y,rr~ ot~~. ~t.% ,. , (~ 1 v r i ti L. G6 I F, ~ v~ ~ CA ~ -~iw~;. 3 ~ ~ S ~, G w~ 6h -e W a p ~~ Q p G~C~-1 D r-~l ~ ~ ~ ~ ~~~ f ~ ~~~ ~~~„~ ~ 33'13 S ~ d~ U z~ PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Rrint Name -Print Address Signatur j e ~ _ \ - ~ a e 1~r~U 5 . ~~ ~ j O J ~ L /~ jC ~ /".yn ~ 'L- ,,~yt, C. ,-~-~~-1" l _ ~~ ~, ~~ ~ `~ ~i ~ .~ ~ i _. ~ s,~- ,, _. r> 22 \) PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the watet tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si na ure ~ - ~~1,~-x( l 39 ~. ~Sf~.~T. ~~~~ d~rl~ ~~' .n I ~ 31 ~, ~/`s ~~ lie-;rl' ~", ,~ „ , ~li~ '>u~>,,, ,r~,~ < ~t~~~y l ~~ De ' ~ ~~oy s , ~a si- >~~~d,~, ~' ~~-~,- ,~ ~~~~~! G~ ~~~~~I l)~ ~~j~ a I ~~ ~ ~`~~ ~ i ; , , ~;; , E.,~, ,/ r IAN G ~ ~ s / , ~ ~L / .~ c- <„ran !fv e ~ < J ~,~~- C ri q~ /~ "I r ~~7~.~ ,- l,G~~~''~ 7 :, .. ~ .~ i ~~~~ ~T~J'7 ;; ~. /j~ -~~~cuvi/~ l.Cl~~ij j~`1 Z7 `~ ~ C:.c>-rv~~ ~ f-1 utz . ~ ~ ~~- ~~~F~~~~ 23 PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si nature ~L CM ~iJ Cr ~1 7 / n n ~7~b~ S. ~Hr1'JLt--~-[J' ~"~(CIIJ ~,Q' ~ 1 ~~ r ~~ N'~S 3 g y S ~a l`~ ~Gl'l ~, ~Q~ M. 0..w, s ,S ~ /,e GIB ~ef~~~( ~ (I IUGZVI ~13~/T.Ra~.rso~ ~ ~ ~ ~~ 24 PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Signature I' i GIiIL~VI~~'l lift S I~bSc~;~ ti, C~ ~es~eS~`~ g3a8usl~(~c~ (~,twv~w~- W es-ivver 2i 7 S -~'prata la r- ~' S ~ 2~~~ ~ ~~ ~ < ~ P/'d ~~~~ ~' ~ ~e~12e. U~1~-' a~i<~ C~~r~- 365 ~ V~,~-c~i,4- ~~ --- - ~ Z~~~ ~ ~r~b fir, ~, _ _ . , U U 2~ PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Pr int N me Print Add res s Si na tur e cc ~~ I~~ vG1nP~~,f- Nd(~ h ~ 1~rt 0 ~t ~ ~~ ~ ~ ~ ~ ~. C ~ c~h~`~XM ;~'~;~cC, e Cr~l-.tll ~ 387y 5- mica~l w,~y me ~~ ,~'la~d ' ~eplo ~ ~ '' '~ ~~~ ~ (~ ~ ~a ~e. h~ U~+ 3o~a +`~ TSh~,I C~ ~'lercd, r I~e~~ C1w.(or~ 11 . , , , _ c _~C l~~2n ~~~ '3v °~ ~ ~. r~r rs n-mot C r , --~ ~~~SS~`s'w.~e_-~`S,w-. 31'iOf:7y1x`,i1C~y'1ts;~14,~~Dg31s42 ~jiP,yti~,~no~.,~~-ti~yw.~ ,n "~,~jn,nso h 31 ND ~ :.T b ~ ~' ~-}'• nnw~1~,?m.- ~l~~scti ~ ~ ~31~3~ I ~~ ~~ ~ ~i S~ c~~ ~~ ~ia3 t 'yAdii ~ - lyii~n, ~. PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. `All fhe'homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si t `ic1L e `~r~-~ 3~53~ S. ~1~~ ~ ~a - S~e I~~,l~~i~.l-le~~'n~-~ 3~~~ S, rn~lu~ ~a ~~ o~~ cs ~ ~~~~ ra ~~~ --- _, . _ ... _..__ ~,(/'e-vl ({.-~W©~.,Q 301,E (% LE(CC~ ~Y a ~R ,,.. ~I ~, e~~ 3ooy C, L~icca ,D,2 e,,z,,(I ~ ,~ 27 PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes.- We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negatve impact on existing homeowners. Print Nam Print Address ~ nature £S ~ /S ry/ovE {fir -GL~ --,.;. ~, ~' .~ ~ ~ ~ ~ ~ r l ice` ~~,: ~ .~ ~, // ~ J7 .c( s,~~09 in/s X2%57 ~ y~iaGf ~jPiVC' ~, ~r//~, ~o ~~~~ ~~ ~~~ l~ J: ~ ~~ u~ to ~L~-~ ~~ ,, ~ l ~ r ~ ~cw~ ~ ~ _ ~~~C ~ ~ /~~~ e l i C~d2ca= ~~ '' =t -mss ~i:-Z2 t. \`-~(3/>...- G J 2$ PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian pity Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road ih the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Yherefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Signature Gear , ~~ I H ~,w,~~-~ 3 F'13 S ~' i~~l~rJ~~; wry ~~ ..rz....,...~, ~,. ~, w / J ~}^~ e e ~~~1 ,~, Cu ~~e.~ A',U'~~ ~,' : , . Vi1 ~ ~ ~ u s-~ke~r ~ 1 ~f ~3 t=-. R~~ ~ ~~ //'' V+~GN~ \C(.YLi +~~ 2°) PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on the development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on ourproperty values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si nature .-rid"'>(f ~ SAC ~ ~~ ~ ~[~/ ` .i ~,~ le f,clt" 34}~' S ~' "h~ih, ~,~. r ~`~~ u~ (;`I5 S ~ 1we ~~i ~ ~~' ~?6ti5 S~ ~~, ~s ~~ ~ , ~zC, ~~ ~ z ~ ~ C ~,., ~~ C ~ ~ ~~ ~~ ~~ ~~ G~ ~~ ~~~~~ , ~il~ ~ S 331 G ~1v~ - -~' ~- ; ~ -~ ~~Jei ~~~ ~~ ~ ~ ~ ~i~ c~c.~~,~ (J..~~ • ~, ~ ---U - `~ ~_) PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established ,neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on the development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a watertank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask thatwork be stopped on-this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si nature ` l~~~s ~~ .~ ~3z ~ - ` g 'oR ~- (~L'~-~ .308 G. ~~ /arrrl 1~2 7~ i G~7 '/ ^ `. ~ D'v ~ ~i i 11 y ~'~ Vi/~"~' elle'~b~ ~Sc,~ 1~1 .~l ?,w~ ~ s. n~~ es A-ve. i `~~l'l~citie C~ ' ~- l (~~ 101 ~~~ i' ~ e L'1~y `~L.4~ ~ a0 ~ Ltn L G iA 7 5t . l ~~ 3t PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Toad in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on the development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Signatur ~~ ~~ P z ~ - e ~h Mw s~~i ' ~~ C. ~L~cca 'f~ '1cr~ ' ~~ ~i ~ ~ ~ s~~l les ~c~ 3Z PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on the development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Signature ~Y ~~'12 S • ~9 ~ I tC~ v~ AV1 I'613 S A ~ / 1~~' • Glirc, H7l]~Jf31 Z~~ ~j1 B1 S.grDU~i pYa ~ ~~dS~S( ~~~ ~' ~~ 12 ~rus 319b s• sr~~r1 Pv6 o ~~ 31-i Z S ~ S l Dua2i ti4J~ ~ i. ce ~ ,u~ ~ ~ S' a v>7 d an Q... an ~acS ~~~1 ~ SA}tvti,o/ 1jr 1 v 33 PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these. neighborhoods, we are in opposition to the City Council's decisiori to move foniva~d on the development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the Citji'of"Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Signature .c-i 1 ~---f~V I ~~ ~ 7 t~ /0 ~;~ ~ , a M `~-Y.'-y`- 53G~~ ~ ~v~ia P1 --7 Jon ~ -~ / . sq Ca~~ ~Uq-~in~~i I ~~{~ -~~ ErV,oor ~'• era., ~ a ~r9 ~~ ~o~e~~a ~,.~ Fill ~la.~ 31g4 ~~ hOC'e.<<b Lr, ~I~AvD I l'~V`C~O~) 3~~ o S . S; kov.~A.P ~i I I ~, ~ I ~ l a S ; ~ r`~-j~~~ Ln PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on the development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address nat ~ ~ lir%m~2 C ~~ W nl Ilo~l~ . S 1~. r l6 a ~ ~- ~od~ '~~ W Zy o ~~fl'1~,~' ~7~t~~ 31~~ ~, ~~w Q1. ~ 2~~d 3 ~ S, ~~„ eti P/ ~, 35 PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on the development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to wnstruct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Signature Qeverl ~~ er ~9~8 ~.~ee~~i II ~~~ ~Pr z~s3 ~ ~ ~ ~-~ i SZsJ ~2f~r~ 5~ t tiZA}E~~p ~. °1 Z I N ~2o u~,il JJ ll 7~`~'-~ .S. ~4ES,4rFJ Wi¢ .cc~x.~-, //~~~~ L ~ ~ ~ ~^ ~r~~ ~~~~iw~ fc~w,f ~-~~~ L -~~ ~~' , L ee~ lk~~sh~- ~~~7 ~, ~-~9~,s~ ~-,, - 1~. ` , c 36 PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Goad in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on planning and development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si nature. ~ro S i~'1. 2243 ~, r~ Or~V~e ~e ~Sr~ 3~ PETITION AGAINST MERIDIAN GROUND RESERVOIR #2 We, the undersigned, petition the Meridian City Council to stop plans for construction of a two million gallon water tank on the southeast corner of Locust Grove Road and Victory Road in the middle of established neighborhoods. As residents and/or homeowners of these neighborhoods, we are in opposition to the City Council's decision to move forward on the development of this project. All the homeowners in the neighborhoods adjacent to the proposed water tank bought their properties unaware that the City of Meridian would seek to construct a water tank near their properties. It goes against everything we were told about this community when we bought our homes. We believe the water tank would have a negative effect on our property values and would also be an industrial eyesore. Therefore, we object to the recent Meridian City Council action instructing city employees to continue working on implementing this project. We ask that work be stopped on this project and that other locations be considered that would not have a negative impact on existing homeowners. Print Name Print Address Si nature ~ ~ Icy ~ 3q 5 . N~ ~ 38 Meridian City Council Meeting TE: September 6, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: $A PROJECT NUMBER: AP 11-003 ITEM TITLE: Public Hearing: Joint School District No. 2 Central Drive Access by Joint School District No. 2 Located at 1303 E. Central Drive: Request for City Council Review of the Director's Decision to Deny the Certificate of Zoning Compliance to Construct a Third Access Point to E. Central Drive, a Designated Collector Street, in Accord with UDC 11-3A-3 MEETING NOTES ~~~~ti`~r 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE September 6, 2011 ITEM # 8A PROJECT NUMBER AP 11-003 PROJECT NAME Joint School District No. 2 PLEASE PRINT NAME FOR AGAINST NEUTRAL 1?ECE~~E~ SEP 0 6 2011 CITY OF E'er Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Legal Department: Sanitary Services Corp. Annual Rate Adjustment for Solid Waste Collection Services 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 Sanitary Services Co, MEMORANDUM TO: ' Mi~ycr Tammy de Weerd Members of the Meridian Citv Coundl: Mr. David Zaremba; President Mr. Brad lioaglun,-ice President Mr. Keith Bird Mr. Charlie Rountree FROM: Steve Sedlacek, GeneraLManager, Sanitary Services,.lnc. DATE: August 24, 2011 SUBJECT: Annual-Rate Adjustment for Solid Waste Collection Services Introduction Annually, solid waste collection rates are adjusted in accordance with Section 21 of our contract with the City of Meridian wi0i .an. effective date of Odober 1.. Typiglly this involves adjusting rates erased upon the- change in the Consumer Price Index (CPI). This memorandum discusses our annual adjustment for fiscal year-2012. A preliminary version of this memorandum was provided to the Solid Waste Commission.. Minor comments were received and incorporated. CPI Adjustment Methodology Our contract requires that our costs be adjusted annualty based upon .the "net percentage of change in.ihe Consumer.Price Index for the Pacific Northwest' .(The CPI is no longer published for the Pa~c Northwest so we have used the CPI for the Western Region of the United States.) Further, we reduce the calculated change in the CPI by ten percent to account for aspects of the CPI that do not apply to our business. Attached to this memorandum is. fhe CPt_printout from the U.S. Bureau .of Labor Statistics. The CPI for June one year ago was 221.147 and this year it is 228.075. The net percentage change between the two values is 3.13%. Then, redudng this number by 10 percent yields_a CPI adjustment of 2.82% that is applied to our costs. Cunene and proposed future residential rates are shown in Table 1. All of the categories of costs were escalated by the allowable CPI amount of 2.82% except for the disposal amounts and then the 6°~ franchise fee was calculated to get the total amount for the various types of services provided. This resuRs in an increase in.residential rates of $0.30 per house oar month. We have completed similar calculations for commercial ~~ P.O. Box 626, Meridian, ID 83680 Phone 208!868-3999 Fax 2081686.5052 ~i~ Prlnletl on Racycletl Paper rates as well. All current and proposed rates are presented in tabular form as an attachment to this memorandum. The percentage of change by various categories of rates is shown in Table 2. The. percentages vafy with the different types of systems that we operate because each has a different percentage attributable to disposal. Table 2 Percentage of Rate Change by System Residential rates 1.9°~ Commercial can rates 1.9°~ Commercal container rates • 1.9% Commercial com actor rates 1.5% -1.9% Tem ra container rates 1.9°~ -1.98% Miscellaneous services 0°k -1.9°k Roll off Services 2.82% . Landfill Fee Changes On August 1, 2011 the Ada County Hidden Hollow Landfill began utiliring scales for measurement of incoming waste. Although fees remain at their current levels and are measured by the cubic yard this is the first step in converting to a weight based system rather.than a volume based method. li is our expectation that-the change to weight based billing will occur one year later' in August of 2012. This will allow the county to collect a full year of data to accurately determine the appropriate rata at the landfill. At that time we will need to adjust'fees.again.to account for changing. landfill rates. New Rates Sanitary Services.proposes to.add two new rates to the cafe structure: 1. Residential Carer Out Service- This is a rate for residential customers that do not want to put.their waste at the curb on their collection day. The hameownerwould have the option to pay an additional $60.Q0 per month for their SSC driver to walkup to the residence and wheat the cad 10: the .collection vehicle .and .then reium it to the house alter it is dumped. Free carry out service would still be in effect to.those customers that are unable, because of medical reasons, to' get their' waste to the curb.. 2. Roll Off Rates for "Tumaround° Compactors. There is a style of commercial wmpactor that is called a °tumaround° where odr trucks are required to hook and unhook to the compactor unit twice rather than just once. These compactors therefore require more time to service and should .pay a ttigher rate. We are requesting a $15 per haul increase in the service cost for these types of compactors. ,~ TABLE 1 Current Residential Collection Rate Structure SSC costs Ada County Disposal Carts Sales tax Franchise Fee (6°~) Rate Increase on SSC Costs 32-gal 64-gal 96~a1 $9.56 $9.56 $9.56 $1.00 $2.90 $4.78 $0.99 $0.94 $0.94 $0.06 $0.06 $0.06 $0.76 $0.86 $0.98 $7232 $14.32 $15.32 2.82% Proposed Residential Collection Rate Structure - Odoher 1, 2D11 SSC costs Ada County Disposal Carts Sales tax Franchise Fee (B°k) 32-oal 64-gal 96-gal $9.83 $9.83 $9.83 $1.01 $2.89 $4.77 $0.97 $0.97 $0.97 $0.06 $0.0B $0.06 $0.76 $0.88 $1.00 51262 ;;14.62 576.82 Difference $0.30 $0.30 $0.30 0 v y of `C M p_0 ~O c ~~ c' m o (~m ~ ~ ~' a S ~ p ~Ip m fNObNO~ O ~p VIVCN~ 0~ ~ ~ ~ ~ 6~ y d ~ w w w w w w N Y N ~ ~ C .>_ g}~ ~ b ~ ~R U a ~ r ~aa ~yG ~ C ~ O 8$8 Z n r ~, ~$ ~ ~ ~ O a ~ S ~ §r $ 3~ U a g 0~ ~ a V >~ „~ rn Y ~_ 3 '~ N O ~ O a ~ @ mw~oO°o°o !O YlV ON' ~ a @@~ .-ter O p Fjw V m wwwwww~ a a v ~~ ~ pG~ q~ U ~ V ~z~~ or C LL y O O O W ~ I) ~y~ aW ~,~oy~ ;pWJ~ o $VO arv G m bm~ W (JU N 0 W aaeo vINO I$ w mw w Y~NqmmON N h Aw yN N 1~0~ w m N V V wwww Ina acv amnm (~y nb(0 NOr~y N Xi N "i~-N OIW qw w W h O 1A w yw pw Aw w w {IyO ~Wy {Oy (Np IND~ OfI] N VNI00 ~ r N N w w w w w w m~- mo W m N T N m N VI A W N N n ww ~W5n mm N' N 1n 10 ~I ~ W Y ww wwwww W m N ci min ~o~u a ~I~o www m m ~ CwJNb w w w ~'W w ^N I~ OO N Y Q w w N m chi, ci, ~~~ w w w W W ~ Q ~ I-NN w w w ~~~ ei~0 www > Y T ol~ T Y T WbW O.-WICW N OfONY ~~ Op~~ h 9 IpmO~F NO '~' e a wwwww ww IWn ~ .~- ~i, .~- n n W I~M1w W 00 m W O ~ IO ~ N U wwww w w w } W ii°r°» E'yy~m M 4Yf IGW Nq~ v v .E E 0 `o c 0 0 0 ~ 6 O ~ Z' v ~ Y m Y e m ? 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Bureau of La6oY 6fetlstks I Postal SQIIMe &s11dn0, 2 MassarAteel6AVenue, NE Wmhington, lx 20212~000I yam, tlsgp~ I TeleWwna:1-zgx~69rszoB I Too: l-eao-en-83391 Ssnr~sLs htmt//data.bls.eov/cei-bin/survevmost 7/26/2011 5 E o_ t co 2 g Z m .2 0 ~g C ~~E 0 pN ~N s E 5 O R 8 Gp W 8 1~ ~ v E O NN~Ny 9 i o`d c m ~~ 3 .. m~~~~ c U ~s~Q~ $UV ~p~p~s~ 0vvv~m.. l~~~~ ss~xs ~~~§~~ ~~~~~s 4 6 ~ ~ S m g m m w V a O 9 9 # # # # # ~~~~~~ ~YPNN(9 r r r N N N N m~1~p (fi(pp3~p~ N W M1 W O qN N(Np qM qN N N IO Cl Y NNmm NNpNp aaaaa YY)pT pT 0 O N m Q a m ~= m N a W p Q E E ~F r _ m m ° ~ g~8~ 3333_,m eeee$m <<~~d3 ~~~~~°~ u U U oa°Oa .~{°v L+F m N N N N E0 8W §~~~ v.~~ ~9~{~~SA fi~~fiSfiS ~.Ei~~~~ p~p ~i ~ p~p p~p p~pi P„ 6 6 1 6 ooaaaallcll + + + + + ~ r ~~t~r~~~ nlp lmpm~NNO ~~- m n m ~ R N p N M p N m(O f~~-N N Np YyW~gm W N r N O N N N N N N N N p ry N y ~~~ pp p m ONI~Y1~ E ~ ~ p O p N O m O N O O NNNmm } ~ N O V ym ' N f 0 N 1~l N f I ' NNpNN ~ N N N ~ ~ N N N N a iiiia c ~ At p R moR~$ ~ _ `m S `u S ' ~ i S S 3 S u yr pt~ K w w ~ w w _~ c c E E ~ ~ ~ ~ m ~ $ m > ° > ~' 7 N d 1 p Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Legal Department: Senior Center Transportation Agmt MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTE5 INITIALS STAFF AGENCY APPLICANT _ U ._ ____ f o r I~ i n al SZn } -No l~-(ev~d io. ~n ~o Cen-I~~ ~~~ ~~'~ ENT AGREEMENT BETWEEN CITY OF MERIDIAN RECIPI DS DIAN SENIOR CENTER FOR FISCAL YEAR 2011 FUN AND MERI • da of S2 ,~ 2011 by and between the City of This A eement is entered into this ~ y , , ~ of the state of Idaho "City") and Meridian Senior ' ' ' i al co oration or anized under the laws ( . , Meridian, a munic p rp g Idaho "Reci lent" . ' ration or anized under the laws of the state of ( p ) Center, a nonprofit charitable corpo g ' ' ' t have over the course of several years, developed a relationship of WHEREAS, City and Recipien , cooperation and mutual assistance; and he ublic u ose doctrine underlying Idaho Constitution Article 8, section 2, as WHEREAS, under t p p rp ho Court in e.. Board o County Commissioners of Twin Falls County v. Ida articulated by the Idaho Supreme g , f • ~ ~ Idaho 498 1975 the Cit can finance only activities that do have a primarily Health Facilities Authority, 96 ( )~ y . . ' ril rivate u ose that is, activities that both benefit the community of Mendlan as public, rather than a prima y p p rp a whole and are directly related to the function of government; WHEREAS Reci lent benefits the community of Meridian as a whole by offering its patrons p ' entertainment socializin ,informational, and educational opportunities, resources and recreational, creative, g its atrons' health and wellbein ,and one meal daily, and in so doing not only proactively services related to p g ' ricall underserved and often needy population, thereby alleviating the need for other agencies, cares for a histo y ' and or anizations do so, it also extends its offerings to any and all members of the community; families, g EREAS The Meridian Senior Center will be using said funding for Transportation Services of their WH , patrons to the Center. NOW THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE Activities. Reci lent ma receive an amount not to exceed thirty thousand dollars ($30,000) annually to A. p y rovide services for the seniors of Meridian as described in the attachments to this agreement. The p roes ma amend this a eement from time to time, at least once annually is anticipated, but it may be pa y ~' done as needed. The funds allocated and the services that are to be provided shall be incorporated in these amendments to this a reement. As a condition of receiving these funds, Recipient shall be g and res onsible for administerin its City funds in a manner satisfactory to City and consistent with any P g all requirements set forth in this Agreement. B. Goals. Reci lent shall undertake activities pursuant to this Agreement that serve the Senior Citizens in p the Meridian communit in areas that are not provided by other entities. Primarily transportation and Y eals are the rimar areas of service anticipated, but the needs and services may change over time and m p y ments to an Chan es in relation to the funds provided by the City shall be incorporated into the amend y g this Agreement. C. Timeline. Reci lent shall undertake activities pursuant to this Agreement within the annual fiscal p appropriation. e desi ated b the Cit the Reci lent shall provide to City a written D. Documentation. Annually, at a dat gn y y p re ort of activities undertaken under this Agreement, including narrative descriptions and records of p. each activit undertaken, including dates of expenditure, property or services purchased, receipts, and Y such other documentation as may be specifically requested by City to demonstrate compliance with this RECIPIENT AGREEMENT -MERIDIAN SENIOR CENTER PAGE 1 OF 5 A reement or furtherance of goals set forth herein. g ' ill monitor the erformance of Recipient against goals as set forth E. Performance monitoring. City w p • • • in shall include Cit 's review of Recipients submitted documents for herein. Performance monitor g Y , as well as sufficient financial reporting satisfactory to the City s Chief accuracy and completion, ~ ith ' bstandard erformance as determined by City shall constitute noncompliance w FinanclalOfficer. Su p .. ion to correct such substandard performance is not taken by Recipient within this Agreement. If act . fter bein notified b Cit ,this Agreement may be suspended or terminated. fourteen days (14) a g Y Y ' nce. Services of Reci lent shall start implementing the activities described herein on F. Time of performa p f each calendar ear throu Se tember 30 of the subsequent year. The term of this or after October 1, o y ~ p , , , the rovisions herein ma be extended annually to cover any additional time period Agreement and p Y during which Recipient remains in control of City funds. orts. Reci lent shall submit a re lar Progress Report, in the form and content as required G. Progress Rep p ~ Cit with ever draw re uest. If Progress Reports are delinquent, draw requests will not be by Y~ Y q . until the Jelin uenc is cured. Progress Reports must contain information onoutcome-based processed q y measurements as outlined in this Agreement. H. Su lementation of other funds. Recipient agrees to utilize funds available under this Agreement to pp supplement, rather than supplant, funds otherwise available. I. Closeout. Reci Tent's obli ation to City shall not end until all closeout requirements are completed. p g Activities Burin this closeout period shall include, but shall not be limited to: making final payments, g dis osin of ro am assets (including the return of all unused materials, equipment, unspent cash p g p ~' . . advances ro am income balances, and accounts receivable to City), and determining the p ~' custodianshi of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in p effect during any period that Recipient has control over City funds. J. Audits and ins ections. All Recipient records with respect to any matters covered by this Agreement p shall be made available to City at any time during normal business hours, as often as deemed necessary, to audit examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain com liance with the rules, regulations and provisions stated herein. Any deficiencies noted in P audit re orts must be full repaired by Recipient within thirty (30) days after receipt of such report by p Y Reci lent. Failure of Recipient to comply with the above audit requirements will constitute a violation p of this Agreement and may result in the withholding of future payments. K. Pa ment Procedures. It is expressly agreed and understood that the total amount to be paid by City Y under this A reement shall not exceed thirty thousand dollars ($30,000). City will pay to Recipient g .. funds available under this Agreement based upon detailed invoice submitted by Recipient, and consistent with an a roved budget and City policy concerning payments. City reserves the right to Y pp . . li uidate funds available under this Agreement for costs incurred by City on behalf of Recipient. q L. Records to be maintained. In addition to specific records mentioned in this Agreement, Recipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to 1. Full descriptions and records of each activity undertaken; 2. Records re uured to document the acquisition, improvement, use or disposition of property acquired q or improved with City funds; 3. Financial records; 4. Other records necessary to document compliance with this Agreement or applicable law. RECIPIENT AGREEMENT -MERIDIAN SENIOR CENTER PAGE 2 OF 5 II. GENERAL PROVISIONS ' In erformin activities ursuant to this Agreement, Recipient shall not unlawfully A. Nondiscrimination. p g p ' ' lation of an federal state or local law, rule or regulation against any person on the discriminate in vio y is of race color reli ion, sex, national origin or ancestry, age or disability. Recipient agrees to bas g ' I of the Civil Ri is Act of 1964 as amended, Title VII of the Civil Rights Act of comply with Title V gh the Americans with Disabilities Act of 1990, and the Age Discrimination Act of 1975. 1968 as amended, ' ' ' ' .Reci lent is rohibited from using funds provided herein or personnel employed in B. Prohibited activity p p ' istration of the ro am for olitical activities; sectarian, or religious activities; lobbying, the adman p gr p political patronage, and nepotism activities. ' .All notices re uired to be iven by either of the parties hereto shall be in writing and be C. Notices q g med communicated when ersonally served, or mailed in the United States mail, addressed as dee p follows: City of Meridian Meridian Senior Center Attn: Mayor's office Attn: President Community Liaison P.O. Box 606 33 E. Broadway Avenue Meridian, Idaho 83680 Meridian, Idaho 83642 Either art ma chap e its authorized representative and/or address for the purpose of this paragraph by p Y Y g ivin written notice of such change to the other party in the manner herein provided. g g D. Com fiance with laws. Recipient agrees to comply with all applicable federal, state and local laws, p re lations, and olicies governing the funds provided and activities undertaken under this Agreement. ~ p E. Inde endent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in p an manner as creatin or establishing the relationship of employer/employee between the parties. y ~ g .. Reci lent shall at all times remain an independent contractor with respect to the activities undertaken P under this A Bement. City shall provide no benefits or insurance coverage whatsoever to Recipient and/or to its agents. F. Indemni .Reci Tent, and each and all of its employees, agents, contractors, officials, officers, t3' p .. servants ests and/or invitees, and all participants in Recipient s programming, shall hold harmless, ~~ defend and indemnif City from and for all such losses, claims, actions, and/or judgments for damages Y .. . or in'u to ersons or property and/or losses and expenses caused or incurred by Recipient and/or its J rY p em to ees a ents contractors, officials, officers, servants, guests, and/or invitees, and participants in its p Y ~ g ro ammin ,and other costs, including litigation costs and attorneys' fees, arising out of, resulting p ~' g from or in connection with the performance of this Agreement by Recipient and/or Recipient's em to ees a ents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, p Y ~ g • • /or and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and destruction to tangible or intangible property. G. Insurance and bonding. Recipient shall carry sufficient insurance coverage to protect Agreement assets urchased with City funds from loss due to theft, fraud and/or undue physical damage. p H. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments makes ecific reference to this Agreement, and are executed in writing, signed by a duly p RECIPIENT AGREEMENT -MERIDIAN SENIOR CENTER PAGE 3 OF 5 rized re resentative of each party. Such amendments shall not invalidate this Agreement, nor autho p ' 'her art from its obli ations under this Agreement. City may, in its discretion, relieve or release eit p y g f such ent to conform with federal, state or local laws or available funding amounts. I amend this Agreem ' han e in the fundin the sco e of services, or schedule of the activities to be amendments result in a c g g~ P n as art of this A reement, such modifications will be incorporated only by written undertake p g amendment signed by both parties. I. Termination. ' rmination. Either art ma terminate this Agreement by, at least thirty (30) days 1. Nonce of to p Y Y effective date of such termination, giving written notice to the other party of such before the termination and specifying the effective date thereof. ' ion without cause. If this A reement is terminated without cause the Recipient has thirty 2. Tern~unat g da s to submit an and all re uests for payments that may be outstanding at the time of (30) y Y q termination. Failure to rovide the necessary written documentation and request with the time p eriod shall be a waiver of any additional claims pursuant to this Agreement. p ermination for material noncom liance. Suspension or termination of the Agreement, in whole 3. T A r in art ma occur if Reci lent materially fails to comply with any term of this Agreement, which o p ~ Y p shall include, but shall not be limited to, the following: a. Failure b Reci lent to comply with any statutes, regulations, or City policies or directives as Y p may become applicable at any time; b. Failure b Reci lent to fulfill in a timely and proper manner its obligations under this Y p Agreement; c. Ineffective or improper use of funds provided under this Agreement; or ' ion b the Reci Tent to Cit re orts that are incorrect or incomplete in any material d. Submiss y p Y p respect. 4. Penal for material noncompliance. In addition to suspension or termination of this Agreement ty . and/or an other remedies as provided by law, upon a finding of material noncompliance, City may Y declare Recipient ineligible for any further City funding. J. Assi nment. Reci lent shall not assign or transfer any right or obligation conveyed by this Agreement g p without prior written consent of City. K. No contractual im ediments. Recipient certifies and agrees that no contractual or other disability p exists which would prevent compliance with these requirements. L. Severabili . If an rovision of this Agreement is held invalid, the reminder of the Agreement shall tY Y p not be affected thereb and all other parts of this Agreement shall nevertheless be in full force and Y effect. M. Entire A reement. This Agreement contains the entire agreement of the parties and supersedes any g and all other a eements or understandings, oral or written, whether previous to the execution hereof or ~' contemporaneous herewith. N. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this A Bement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term and an ri t or remedy hereunder maybe asserted at any time after the governing body of either Y ~ art becomes entitled to the benefit thereof, notwithstanding delay in enforcement. p Y RECIPIENT AGREEMENT -MERIDIAN SENIOR CENTER PAGE 4 OF 5 0. A royal re uired. This Agreement shall not become effective or binding until approved by the AA q respective governing bodies of both City and Recipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. RECIPIENT: Meridian Senior Citizens' Center A ~~ By.~ STATE OF IDAHO ) ) ss: County of ) I HEREBY CERTIFY that on this ~ day of , 201 1, before the undersigned, a Notary Public in the State of Idaho, personally appeared ,~ known to me to be the person who executed the said instrument, and acknowledged to me that e executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. .+•~~+• /~ ~i ~ ~~, ~4 ~ + ~- 'SA~~' '~ : No r Public r Id ~, y ~ ~`s : ' ' Idaho . ~, ~ ,~ Residing at , ~~; ; M Commission Expires: '~ ~ t f ~+ y • E r ~ * ~,(1~~ ° 4' ~ t++~ Vin- • -~~ p « ~~Ri'M~ CITY: Clty Of Merldlan ~~~~~~~~~~~E~rri~r~~~ Attest: ~,~ ~, ~` ~, `.~ ~~ ~~~ ~'^ ~ ~ w By: T m de Weerd, Mayor = ~ yc ~: olman, City Clerk ~~~~ N ;.. .~ ~~ ~r :. r 9 4y ~ ~~~ ~~ •.°„l «~. M r' `b RECIPIENT AGREEMENT -MERIDIAN SENIOR CENTER PAGE 5 OF 5 Attachment A City of Meridian Reimbursement for Senior Center Transportation Costs FY2011 Direct Costs to be Reimbursed Direct Transportation Costs Per FY2010 Audit Report Driver Salary, Taxes, & Insurance Per Kathleen Roma CPA Total Direct Costs Indirect SalarylWage Costs Indirect salaries are to be reimbursed as a percentage of the transportation costs to total annual expenses Total Annual Operating Costs Per FY2010 Audit Transportation Program Expenses as Percent of Total Total Salary and Wage Excluding Driver Per FY2010 Audit Includes tax and insurance Total Cost Transportation Program $7, 974 $7,107 $15,081 $147,100 10% ($15,0811$61,844) $61, 844 $6,184 (10% * $61, 844) $21,265 ($15,081 + $6,184) Minus Transportation Funding Provided by Sage -$4,315 Total to be Reimbursed FY2011 $16,950 te: the overhead reimbursement is 10% of the total operating costs so covers the transportation No program indirect cost such as administrative salary, accounting costs, supplies, and utilities. Theo erating costs include depreciation so this reimbursement also helps fund eventual replacement of the van. P Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Legal Department: Senior Center Equipment Request 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: September 6, 2011 ITEM NUMBER: 9D PROJECT NUMBER: ITEM TITLE: Legal Department: Discussion on Termination of Development Agreements MEETING NOTES ~,~~ n ~. ~'~~~~ ~~ ~~ Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 9E PROJECT NUMBER: ITEM TITLE: Planning Department: Discussion on Possible Ada County Highway District Joint Meeting Topics U/,~ ~~ r~ MEETING NOTES Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS August 30, 2011 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: Joint Meeting Agenda Topics for ACHD September 6, 2011 Council Meeting The Ada County Highway District Board of Commissioners has expressed a willingness to meet with City Council on Friday, September 30"' (at the time of this memo the exact time and location of the joint meeting was still TBD.) The primary purpose for this joint meeting is to discuss the Meridian Split Corridor Phase II (MSC2) project. Presentations and discussions about and around the MSC2 project currently identified include: cursory review of public comments received and a response strategy; construction timing options (rolling closure, full closure or leaving one lane open during construction); a strategy for helping businesses throughout construction; a detailed end-vision for the Main/Fairview intersection; timing when Meridian Food Bank would need to vacate their leased building; and an overhead sign on northbound Main Street at Franklin that directs traffic. Some additional topics, not about/around the MSC2 project, have also been brought up for discussion with ACHD. Are some, or all, of the following topics also appropriate for the joint meeting on the 30'x? • Walking tour • Fairview Access Management (joint meeting with ACHD and Boise already scheduled for October 27"', but is there anything to discuss prior?) • Airport -Overland Alignment and Study • Other Planning Department . 33 E. Broadway Avenue, Meridian, ID 8364z Phone zo8-884-5533 Faxzo8-888-6854 . www.meridiancity.org Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Second Reading of Ordinance No. 11-1488 Precious Metal Dealers MEETING NOTES ~ Ap '',w~ ~ la-o 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: September 6, 2011 ITEM NUMBER: 10B PROJECT NUMBER: ZOA 11-003 ITEM TITLE: Ordinance No. ~- ~7~ An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Allow for Retail Wine and Beer Shops to Offer Servings of Such for Purchase by the Bottle or by the Glass. 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 ALLOWING FOR RETAIL WINE AND BEER SHOPS TO OFFER SERVINGS OF SUCH FOR PURCHASE BY THE BOTTLE OR GLASS; 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 ~= ~ ~~ _ ~ ~ ~,, 11-1A-1 DEFINITIONS: RESTAURANT: A. The use of a site for the primary purpose of food preparation, having a commercial kitchen and cooking facilities, and where meals are regularly served to the public for compensation. The use includes, but is not limited to, cafe, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, restaurant, retail bakery, sushi bar, steakhouse. RETAIL STORE WINE AND BEER SALES AND SERVINGS: The use of a site that offers wine and/or beer to the public for monetary compensation and offers servings of such for purchase by the bottle or glass The use includes but is not limited to wine shops and brewing supply stores The use does not include drinking establishments or restaurants as herein defined The use does not include stores that sell wine and beer but do not offer servin s. Table ALLOWED USES IN THE COMMERCIAL DISTRICTS 11-2B-2 Add Retail Store Wine and Beer Sales and Servings as a principle permitted use (P) in the C-N, C-C, and C-G districts and as an accesso use A within the H-E district. UDC TEXT AMENDMENT- WINE AND BEER SHOPS - SERV INGS BY THE BOTTLE OR GLASS - ZOA 11-003 Page 1 of 2 `Sec ion ~ ' ` `' ' Text " ; " Table ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS 11-2D-2 Add Retail Store Wine and Beer Sales and Servings as a principle permitted use (P) in the 0-T and TN- Cdistricts 11-4-3-44 RETAIL STORE WINE AND BEER SALES AND SERVINGS: A The applicant shall maintain a current wine and beer sales permit for on premise consumption (which includes retail salesl. Liquor sales shall be prohibited. B Applicant shall comply with all state county and local laws reaarding serving alcohol including but not limited to designating specific areas for consumption and posting such areas as ape-restncted C Wine and beer servings shall be limited to the following time periods• 11.00 a.m to 9x0010:00 a.m. Store hours of o eration are not limited unless otherwise restricted b this title. 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 on /02 2011. 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 ~~ day of 2011. APPROVED: ATTEST: HOLMAN, CITY UDC TEXT AMENDMENT -WINE AND 4 ~~-~ aTA:Iv~M WEERD, MAYOR `U _ f." ~ i 3 `. •er . ~'<~~ .:, ;K'SHOPS.- SERVINGS BY THE BOTTLE OR GLASS - ZOA 11-003 Page 2 of 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 11- i y9a 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 ALLOWING FOR RETAIL WINE AND BEER SHOPS TO OFFER SERVINGS OF SUCH FOR PURCHASE BY THE BOTTLE OR GLASS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. An Ordinance of the City of Meridian amending Title 11 of the Meridian City Code, entitled Unified Development Code allowing for Retail Wine and Beer Shops to offer servings of such for purchase by the bottle or glass.. A full text of this ordinance is available for inspection at City Hall, Gjty`.~}1'~~18'ri[}}an, 33 East Broadway Street, Me •idian, Idaho. This Ordinance ~h~}1~~~'~'8¢,tive on the ~`f'~`-day of ~_ ,~ %. 2011. ' ''>~ . ,,; ;,=.;7.;,v,,:,, ~r Mayor and City Council By: Jaycee L. Holman, City Clerk 1 ~_, I y I 4'• _ 1 - :~ - ~ `~%n ~ ~' 3 ~ *v S 'i ~ First Reading: ~ ~ (o ~ ~~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES / NO Second Reading: Third Reading: STATEMENT OF MERH)IAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 11- / ~9a- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 11- /~a of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this C+ day of , 2011. ~ < // William. L.M. Nary City Attorney ORDINANCE SUMMARY-UDC TEXT AMENDMENT ZOA-11-003 -ALLOWING FOR RETAIL WINE AND BEER SHOPS TO OFFER SERVINGS OF SUCH FOR PURCHASE-PAGE 1 OF 1 Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 10C PROJECT NUMBER: ZOA 11-004 ITEM TITLE: Ordinance No. ,~-/593 An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Encourage the Use of Water-Conserving Landscape Designs. 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. /i-iyy3 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 ENCOURAGING THE USE OF WATER- CONSERVATION LANDSCAPE; AND PROVIDING FORA 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 ~ ~ ~,TeYct ~_ y 11-3B-1 PURPOSE: D. These regulations are intended to encourage premete the use of n~t:;e-a;,d~t,",er water-conserving landscape designs and low water use plant materials and to discourage landscaping that requires high water use for maintenance, such as lar a ex apses of lawn or turf. STANDARDS AND INSTALLATION: A. Approved Tree Species O1^^'r,~,"",,,te:;al: 1_The publication titled "Tree Selection Guide For Streets And Landscapes Throughout Idaho" by the urban forestry unit of the Boise parks and recreation department (latest edition) is hereby adopted by this reference as the city of Meridian's list of approved and prohibited tree soeciesfllanE-n}aterial. The publication categorizes the trees by size as class I, class II, or class III trees. 2. In addition to the trees identified above Table 11-38-1 lists a roved water-conservin tree s ecies UDC TEXT AMENDMENT-USE OF WATER CONSERVING LANDSCAPE DESIGNS - ZOA 1 I-004 Page 1 of 4 11-3B-5D I Table~ll-3B-3 11-38-5 ~ STANDARDS AND INSTALLATION: H. Mulching: Mulch shall be used in all required planting areas. Approved mulches may be organic, such as bark or soil aid, or they may include rock products, such as "permabark" or similar products. Use of mulch, organic or rock, as the only ground cover in required planting areas is prohibited. Required-landscape ~"^a' a.,~ Pea gravel, drain rock, road base gravel, and similar products shall not be used as mulch. All mulch shall be contained by a curb or other edging material to contain the mulch and prevent it from migrating to adjacent surfaces. If rock mulch is used, a weed barrier fabric shall be used beneath the rock. Impermeable plastic weed barriers are prohibited because they restrict water and oxygen to the plants, N. 0. 11-36-6 ~ IRRIGATION STANDARDS: B. Performance Specifications: 1. Coverage: The irrigation system shall be designed to provide one hundred percent (100%) coverage within lawn areas with head~e-head head-to-head spacing or triangular spacing as appropriate or point_ to-point (drip) at each plant or plantino area. 2. Matched Precipitation Rates: Sprinkler heads shall have matched precipitation rates within each control valve circuit 3. Irrigation t,;~ Hvdrozones: Sprinkler heads irrigating lawn or other high water demand areas shall be circuited so that they are on a separate hvdrozone ef-districts from those irrigating trees, shrubs, or other reduced water demand areas. 4. Overspray: Sprinkler heads shall be adjusted to reduce overspray onto impervious surfaces such as streets, sidewalks, driveways, antl parking areas. D. Non otable Water: Use of non otable irri ation andlor re-use water is re wired when UDC TEXT AMENDMENT -USE OF WATER CONSERVING LANDSCAPE DESIGNS - ZOA 11-004 Page 3 of 4 uaveis auu uausiunes: ana 2. Required landscape areas shall be at least forty percent (40%) covered with vegetation at maturity determined to be available by the city public works department as set forth in section 9-1-28, "Pressurized Irrigation System", of this code. Water availability during the fall and spring seasons is also required by connecting to city potable water city re-use water and/or an on-site n-~-well as a secondary sourc ,_ . An exception may be ~.. ..-J L ._a _ • _ _ - city potable water is used, a separate water meter 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 on -,~~j~f~t~ /c?r 2011. PASSED by the City Council of the City of Meridian, Idaho, this ~~ay of J~~~ , 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~day of 2011. APPROVED: ATTEST: CITY TAMMY/D$°WEERD, MAYOR ~.. ~, .,, ` pl^ % `+ ~ . ~.. (. ,~~... _,. i. \I+ . Jan ,•F,\, ` ~= . ;.:.; ~'~,, c_: .,.:, ., . UDC TEXTAMENDMENT - USE OF WATER CONSERVING LANDSCAPE DESIGNS - ZOA 11-004 Page 4 of 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.11-~ 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 ENCOURAGING THE USE OF WATER- CONSERVATION LANDSCAPE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. An Ordinance of the City of Meridian amending Title 11 of the Meridian City Code, entitled Unified Development Code encouraging the use ofwater-conservation landscape. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway eet, Meridian, Idaho. This q>;d~nance shall become effective on the /Z~' day of ~`.~ *~ , 2011 " ~, . ' ,~, Ci Merid' - ~ - Mayor and City Council = `, -•~ B Ja cee L. Holman, City Clerk ~` ` `' ` Y~ Y .,~_..° ~~ . First Reading: Adopted after first reading by suspension of the l~iile'as allowed pursuant to Idaho Code § 50-902: YES_~ NO Second Reading: Third Reading: r- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 11- / g3 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 11- / x/93 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this r day of , 2011. William. L.M. Nary City Attorney ORDINANCE SUMMARY -UDC TEXT AMENDMENT ZOA-1 1-004 -ENCOURAGING THE USE OF WATER- CONSERVATION LANDSCAPE- PAGE I OP 1 Meridian City Council Meeting DATE: September 6, 2011 ITEM NUMBER: 10D PROJECT NUMBER: ZOA 11-005 ITEM TITLE: Ordinance No. u-~9~f An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Allow Dispatch Centers for Mobile Services. 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. //~y9~ 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 REGARDING ALLOWING DISPATCH CENTERS FOR MOBILE SERVICES; 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 '~' ~ ~ ~7ext -_ 11-1A-1 DEFINITIONS OF TERMS: MOBILE SERVICES• Contractors and other aersonal and/or professional services that tvoically are invited to travel to the customer as Dart of the service provided Mobile services include but are not limited to taxis landscape maintenance contractors caroet cleaners maid service and grocery and/or food delivery This use excludes the service and/or repair of fleet vehicles PUBLIC UTILITY, MAJOR: The use of a site for a public purpose, including but not limited to. sanitation services facility school busing facility and municipal and utility shops, garage, or storage. PUBLIC UTILITY, MINOR: The use of a site for minor public utility infrastructure including, but not limited to: a) pumping station forwater, sewer, or gas; b) electric subtransmission line, electric distribution line; and c) storm drains a facili and stone detention facili that is not within a ri ht of wa . UDC TEXT AMENDMENT - ALLO W FOR DISPATCH CENTERS POR MOBILE SERVICES - ZOA 11-005 Page 1 of 2 Table ALLOWED USES IN THE COMMERCIAL DISTRICTS 11-2B-2 Add Dispatch Center for Mobile Services as a principle permitted use (P) in the C-G district and a conditional use C within the C-N, C-C, L-O, and M-E districts. Table ALLOWED USES IN THE INDUSTRIAL DISTRICTS 11-2C-2 qdd Dispatch Center for Mobile Services as a principle permitted use in the I-L district. 11-4-3-45 DISPATCH CENTER FOR MOBILE SERVICES• A. No outdoor storage of material shall be allowed All materials shall be stored indoors B. Adequate off-street area shall be provided for fleet vehicle storage 1. Fleet vehicle storage shall only be on surfaces composed of one of the following materials• concrete asphalt. grasscrete pavers bucks macadam or recycled asphalt 2. Fleet vehicle storage shall not block sidewalks or parking areas and may not impede vehicular or pedestnan traffic. 3. Fleet vehicle storage shall be screened with a six foot (6') sight obscuring fence or fleet vehicle storage shall be designed as an offstroet parking area consistent with the standards as set forth in sections 11-3C-5 and 11-3B-B of this title C. The site shall not be used as a "contractor's yard" as herein defined D. The site shall not be used as a "vehicle wrecking or funk yard" as herein defined E. The site shall not be used as a "terminal frei ht or truck " as herein defined. 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 on - 2011. JPP PASSED by the City Counci of the City of Meridian, Idaho, this ~D~day of ~~K~~ 2011. `~--- APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of 2011. APPROVED: i ` ~;~,1~~< , ERD, MAYOR ['TES !~~ ~~`' EEL OLMAN, Y CLERK ~ ,~~,.,, , ,ti ; ' `.' ,GC ,;~ UDC TEXT AMENDMENT-ALLOW FOR DP~F~CI~fsA7~'~EI~I~\11~OBILE SERVICES - ZOA 1 1-005 .~ i:,.~, ,,.,u.,nN~•,. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.11- / y9 ~{ `~ 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 REGARDING ALLOWING DISPATCH CENTERS FOR MOBILE SERVICES; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. An Ordinance of the City of Meridian amending Title 11 of the Meridian City Code, entitled Unified Development Code allowing Dispatch Centers for Mobile Services. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway S eet, Meridian, Idahq.y,rTlaS;<J~dinance shall become effective on the day of ;~~Lp :`:':~;,.. ,. a =• Mayor and City Council By: Jaycee L. Holman, City • 'y, nAa.1: 9 h., ,rk• ---,,1- ~''~~, ~~ UiV~"Y . ~a ,.. First Reading: ~' 4 ~ I~ ''""~~ ,. ,`'~;:•,. Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES / NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 11- I y9~1 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the atf'ached Ordinance No. 11-__(~i~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ~_ day of , 2011. 1. William. L.M. Nary City Attorney ORDINANCE SUMMARY -UDC TEXT AMENDMENT ZOA-11-005 -ALLOWING DISPATCH CENTERS FOR MOBILE SERVICES-PAGE 1 OF 1 Meridian Cify Council Meeting DATE: September 6. 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES i .y J~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS