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2011-09-13WE IDIAN-- I�A CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, September 13, 2011 at 3:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree O Keith Bird (arrived at 3:07 pm) X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda 4. Consent Agenda A. Approve Minutes of June 28, 2011 City Council Special Meeting B. Approve Minutes of July 5, 2011 City Council Special Meeting C. Rescind Lighting Contract Award to Alloway Electric in the Amount of $29,016.94 and Deem as Non -Responsive for 8th Street Lighting Project and Award Contract to Second Lowest Bidder, Power Plus for a Not -to -Exceed Amount of $39,116.50 Moved to Department Reports after Item F. Item will be brought back to City Council meeting on September 20, 2011 D. Agreement for Independent Contractor Services with Titan Technologies for the W. 8th Street Sewer Rehabilitation Project for a Not -To -Exceed Amount of $165,000.00 Amended Title to Read: Agreement for Independent Contractor Services with Titan Technologies for the W. 8th Street Sewer Rehabilitation Project for a Not -To -Exceed Amount of $242,573.10 That is Budgeted Over Fiscal Years 2011 & 2012 E. Agreement with TW Telecom Holdings, Inc. (TWTC) for Telecommunication and Related Services for a Not -to -Exceed Amount of $1,965.75 Meridian City Council Meeting Agenda —Tuesday, September 13, 2011 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Professional Services Agreement with HR Related, LLC. for Human Resources Consulting and Training Services G. License Agreement Between the City of Meridian and the Nampa & Meridian Irrigation District on the Eight Mile Lateral at the Lakeview Golf Course for Landscape Improvements H. License and Maintenance Agreement Between the City of Meridian, Lakeview Meridian Golf Course, and Ashford Greens Homeowners Association for Irrigation Infrastructure and Green -up at Property Located at Dawson Drive I. Second Addendum to Professional Services Contract with DMH Enterprises for Plumbing Plan Review and Inspection Services J. Second Addendum to Professional Services Contract with Whitman and Associates, Inc. for Building Plan Review and Inspection Services K. Second Addendum to Professional Services Contract with Jackson Code Consultants, Inc. for Fire Plan Review and Inspection Services 5. Items Moved From Consent Agenda 6. Department Reports A. Mayor's Office: Resolution No. 11-802: Appointment of Leslie Mauldin to Seat 5 of the Arts Commission Approved B. Mayor's Office: Resolution No. 11-803 : Appointment of Ryan Lancaster to the Traffic Safety Commission Approved C. Entryway Monument Committee Report D. Legal Department/Solid Waste Advisory Commission (SWAC): Community Recycling Fund Program E. Legal Department: Resolution No. 11-804: A Resolution of the City of Meridian Adopting the Community Recycling Fund Program Approved Meridian City Council Meeting Agenda — Tuesday, September 13, 2011 Page 2 of 3 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Public Works: Second Addendum to Professional Services Contract with RIMI, Inc. for Mechanical Plan Review and Inspection Services Approved G. Planning Department: Discussion on Potential for City to Compose and Adopt a Future Acquisitions Map H. Planning Department: Application with Ada County to Recognize City's Current Comprehensive Plan I. Planning Department: Airport Road - Overland Road Alignment Preference Motion approved to move forward with letter to Ada County Highway District (ACHD) J. Planning Department: Transportation Priorities 2011 Approved K. Police Department: Mutual Aid Agreement with Elmore County Sheriff's Office for Law Enforcement Services at Gunfighter Skies 2011 Air Show on September 17 and 18, 2011 Approved L. Clerks Office: Discussion on Official City Seal M. Legal Department: Taxicab Mobile Sales Unit Ordinance Motion approved to go no further with an Ordinance 7. Future Meeting Topics Adjourned at 5:23 p.m. Meridian City Council Meeting Agenda — Tuesday, September 13, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN~~ ~~ CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, September 13, 2011 at 3:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree O Keith Bird (arrived at 3:0~ pm) X Mayor Tammy de Weerd 2. Pledge of Allegiance (Pg. 1) 3. Adoption of the Agenda (Pg. 1-2) 4. Consent Agenda (Pg. 2-3) A. Approve Minutes of June 28, 2011 City Council Special Meeting B. Approve Minutes of July 5, 2011 City Council Special Meeting C. Rescind Lighting Contract Award to Alloway Electric in the Amount of $29,016.94 and Deem as Non-Responsive for 8th Street Lighting Project and Award Contract to Second Lowest Bidder, Power Plus for aNot-to-Exceed Amount of $39,116.50 Moved to Department Reports after Item F. Item will be brought back to City Council meeting on September 20, 2011 (Pg. 12-19) D. Agreement for Independent Contractor Services with Titan Technologies for the W. 8th Street Sewer Rehabilitation Project for aNot-To-Exceed Amount of $165,000.00 Amended Title to Read: Agreement for Independent Contractor Services with Titan Technologies for the W. 8t" Street Sewer Rehabilitation Project for a Not-To-Exceed Amount of $242,573.10 That is Budgeted Over Fiscal Years 2011 & 2012 E. Agreement with TW Telecom Holdings, Inc. (TWTC) for Telecommunication and Related Services for aNot-to-Exceed Amount of $1,965.75 Meridian City Council Meeting Agenda -Tuesday, September 13, 2011 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Professional Services Agreement with HR Related, LLC. for Human Resources Consulting and Training Services G. License Agreement Between the City of Meridian and the Nampa & Meridian Irrigation District on the Eight Mile Lateral at the Lakeview Golf Course for Landscape Improvements H. License and Maintenance Agreement Between the City of Meridian, Lakeview Meridian Golf Course, and Ashford Greens Homeowners Association for Irrigation Infrastructure and Green-up at Property Located at Dawson Drive I. Second Addendum to Professional Services Contract with DMH Enterprises for Plumbing Plan Review and Inspection Services J. Second Addendum to Professional Services Contract with Whitman and Associates, Inc. for Building Plan Review and Inspection Services K. Second Addendum to Professional Services Contract with Jackson Code Consultants, Inc. for Fire Plan Review and Inspection Services 5. Items Moved From Consent Agenda (Pg. 3) 6. Department Reports A. Mayor's Office: Resolution No. 11-802: Appointment of Leslie Mauldin to Seat 5 of the Arts Commission Approved (Pg. 3-4) B. Mayor's Office: Resolution No. 11-803: Appointment of Ryan Lancaster to the Traffic Safety Commission Approved (Pg. 4-5) C. Entryway Monument Committee Report (Pg. 5-7) D. Legal Department/Solid Waste Advisory Commission (SWAG): Community Recycling Fund Program (Pg. 7-9) E. Legal Department: Resolution No. 11-804: A Resolution of the City of Meridian Adopting the Community Recycling Fund Program Approved (Pg. 7-9) Meridian City Council Meeting Agenda -Tuesday, September 13, 2011 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Public Works: Second Addendum to Professional Services Contract with RIMI, Inc. for Mechanical Plan Review and Inspection Services Approved (Pg. 9-12) G. Planning Department: Discussion on Potential for City to Compose and Adopt a Future Acquisitions Map (Pg. 20-24) H. Planning Department: Application with Ada County to Recognize City's Current Comprehensive Plan (Pg. 24-26) I. Planning Department: Airport Road - Overland Road Alignment Preference Motion approved to move forward with letter to Ada County Highway District (ACHD) (Pg. 26-31) J. Planning Department: Transportation Priorities 2011 Approved (Pg. 31-42) K. Police Department: Mutual Aid Agreement with Elmore County Sheriffs Office for Law Enforcement Services at Gunfighter Skies 2011 Air Show on September 17 and 18, 2011 Approved (Pg. 42-43) L. Clerks Office: Discussion on Official City Seal (Pg. 43-47) M. Legal Department: Taxicab Mobile Sales Unit Ordinance Motion approved to go no further with an Ordinance (Pg. 47-51) 7. Future Meeting Topics (Pg. 51) Adjourned at 5:23 p.m. Meridian City Council Meeting Agenda -Tuesday, September 13, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Citv Council Workshop September 13 2011 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, September 13, 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, Pete Friedman, Tom Barry, Warren Stewart, Tracy Basterrechea, Mark Niemeyer, Steve Siddoway, 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: I will go ahead and call this meeting to order. I'd like to welcome all of you here. It is, for the record, Tuesday, September 13th. It's 3:00 o'clock. We will start with 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 is in our pledge to the flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Thank you. Item No. 3 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple minor changes to our agenda that we need to go through. Under Item 4, Consent Agenda, 4-C, that needs to be moved to Department Reports, so we will do that. Probably put it, since it's a Public Works item, to put after 6-F. Item 4-D, it's a different title. We need to amend the title to read: Agreement for Independent Contractor Services with the Titan Technologies for the West 8th Street sewer rehab project for a not to exceed amount of $242,573.10 that is budgeted over fiscal year 2011 and 2012. So, we need to make note of that. Under Item 6, Department Reports, 6-A is resolution number 11-802. 6-B is resolution number 11-803. 6-E is resolution Meridian City Council Workshop September 13, 2011 Page 2 of 52 number 11-804. And as I mentioned we will be moving Item 4-C to 6-F-A. So, with that, 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: THREE AYES. ONE ABSENT. Item 4: Consent Agenda A. Approve Minutes of June 28, 2011 City Council Special Meeting B. Approve Minutes of July 5, 2011 City Council Special Meeting D. Agreement for Independent Contractor Services with Titan Technologies for the W. 8th Street Sewer Rehabilitation Project for aNot-To-Exceed Amount of $165,000.00 Amended Title to Read: Agreement for Independent Contractor Services with Titan Technologies for the W. Stn Street Sewer Rehabilitation Project for aNot-To-Exceed Amount of $242,573.10 That is Budgeted Over Fiscal Years 2011 & 2012 E. Agreement with TW Telecom Holdings, Inc. (TWTC) for Telecommunication and Related Services for aNot-to-Exceed Amount of $1,965.75 F. Professional Services Agreement with HR Related, LLC. for Human Resources Consulting and Training Services G. License Agreement Between the City of Meridian and the Nampa & Meridian Irrigation District on the Eight Mile Lateral at the Lakeview Golf Course for Landscape Improvements H. License and Maintenance Agreement Between the City of Meridian, Lakeview Meridian Golf Course, and Ashford Greens Homeowners Association for Irrigation Infrastructure and Green-up at Property Located at Dawson Drive I. Second Addendum to Professional Services Contract with DMH Enterprises for Plumbing Plan Review and Inspection Services J. Second Addendum to Professional Services Contract with Whitman and Associates, Inc. for Building Plan Review and Inspection Services Meridian Cily Council Workshop September 13, 2011 Page 3 of 52 K. Second Addendum to Professional Services Contract with Jackson Code Consultants, Inc. for Fire Plan Review and Inspection Services De Weerd: Okay. Item No. 4 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We are moving Item 4-C to Department Reports, so that is no longer on the Consent Agenda. And 4-D, the correct title is agreement for independent contractor services with Titan Technologies for the West 8th Street sewer rehabilitation project for a not to exceed amount of 242,573 dollars that is budgeted over fiscal years 2011 and 2012. So, with those two changes, Madam Mayor, I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to adopt -- or to approve the Consent Agenda. 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: THREE AYES. ONE ABSENT. Item 5: Items Moved From Consent Agenda De Weerd: There were no items moved to this particular part of the agenda. Item 6: Department Reports A. Mayor's Office: Resolution No. 11-802: Appointment of Leslie Mauldin to Seat 5 of the Arts Commission De Weerd: So, we will move into Department Reports, Item 6, and start with the A and B under the Mayor's office. Council, in front of you is a resolution number 11-802, for an appointment to the Meridian Arts Commission. You should also have the resume of individual Leslie -- the chair and I with the Meridian Arts Commission met with this candidate and she is a very talented artist in our community. She is a pertorming artist. She is an opera singer and she's been in various pertorming arts as well. So, we feel comfortable in moving forward in bringing this for your approval and I would avail myself to answer any questions. Meridian City Council Workshop September 13, 2011 Page 4 of 52 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of resolution number 11-802, appointing Leslie Mauldin to Seat 5 of the Arts Commission. Zaremba: Second. De Weerd: I have a motion and a second to approve the appointment to the Arts Commission. If there is no questions, Madam Clerk Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Mayor's Office: Resolution No. 11-803 : Appointment of Ryan Lancaster to the Traffic Safety Commission De Weerd: Item 6-B is also an appointment of Ryan Lancaster to the Traffic Safety Commission. We also met with Mr. Lancaster, Mr. Nary and I, and -- as Mr. Nary is part of the Traffic Safety Commission. He brings some great expertise to our traffic safety as a Meridian resident, has great interest, wants to give to the community and we are -- and he lives in the northeast section of our town, which is the representation that we were hoping for, so that the south, the northeast and the northwest are represented by residents that are more familiar with some of the challenges in their particular part of town. So, Council, that is the appointment in front of you this evening and I would answer any questions should you have any. Zaremba: Madam Mayor? De Weerd: Just for the record, I will state Mr. Bird has joined us and Mr. Zaremba. Zaremba: That was going to be my first comment for the record, but I will move that we approve resolution 11-803 appointing Ryan Lancaster to the Traffic Safety Commission. Rountree: Second De Weerd: I have a motion and a second to approve Item 8-B, which is resolution 11- 803. Any questions from Council? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council Workshop September 13, 2011 Page 5 of 52 MOTION CARRIED: ALL AYES. C. Entryway Monument Committee Report De Weerd: Item 6-C is our entryway monument committee report. I will ask for comments from Mr. Simison. Simison: Thank you, Madam Mayor, Members of the Council. I'm here today for, hopefully, what will be a pretty fun exercise for you, but before we get to the fun, just want to give you a little bit of background on where we came from. As you recall, we presented to you some entryway signs at sometime back that have the City of Meridian flag on them. You should see those flags up in various locations of the city now and, hopefully, they turned out to your liking. The next phase of that was to really look at having some entryway type monuments and to the community as we grow and develop at key corridor points. We went out to an RFP -- RFP? Was that -- RFP into the community to try to get some ideas from the community for what an entryway monument sign would be. The committee evaluated them and there were no recommendations from those groups that moved forward. Through the process we realized that we had talent on staff by the name of Brian with the Planning Department and he put together some proposals that we were shown to the monument -- entryway monument committee as well. They liked that --what he had and asked him to come back with some additional proposals. He did that and from those we selected choices that we felt were most appropriate. They went to the Arts Commission and we asked the Arts Commission to review them and rate them. They did that. In addition to rating them, they also came up with their own fourth idea, which was their favorite one, which you will see. And so I'm here today really to show you the four proposals that were reviewed to get your comments and feedback on if this is a direction you would like to have the city go for entryway monument signs. So, with that I will see do we have -- have them up? Okay. Can you just move forward through them when we do that. This is the -- what we originally gave them were three different options and we asked them -- they are in two sets. There is what would be a wider version and a skinnier version and those would really be used for different places --different rights of way and we had one created that would fit within that ACHD two feet right of way and others that would go into, perhaps, if we worked with the local property owner, that they would incorporate that into the design of their location. So, this was the MAC preferred Option A., their preferred option of the ones that were presented to them. It's using this and the locations where there is more space and, then, the accompanying vertical monument for place where you couldn't put that other size -- other type. Moving on to the second option that they preferred was this type, which is very similar to that other option top and the third option that they -- such as their number three, was, again, the barrel roof monument option, with an accompanying vertical one with the barrel roof. So, that's the preferred order. Now, saying that, the one that they actually are recommending is the fourth one, which was a combination of some of them, they liked this version without the barrel roof on it. They added -- they added in the -- they took away from the straight across and added the curvature to that monument and, then, correspondingly this Meridian Cily Council Workshop September 13, 2011 Page 6 of 52 vertical monument. So, what we really want to present to you today is with those options in front of you if you have a preferred option that you would like us to, basically, put into our discussions -- we aren't asking for funding for anything at this point in time. We only have one location down at Linder -- is it Linder and Chinden, Caleb, where we -- in the development agreement it does state that they will -- I believe build one of these signs for the city. So, it would be good to have a preferred design that we want to move forward with here at some point in time, but I'm here for your feedback at this point in time on these options. And Caleb and Brian or I will -- are available for questions. De Weerd: Thank you. Council, any questions? Mr. Zaremba. Zaremba: I will express an opinion. I would say the option one is my favorite choice of all of those. I'm not opposed to any of the others, but I think without the winged top probably it's easier to build and easier to maintain and less likely to draw graffiti or some other mayhem to it. So, I would say I -- for the monument sign -- or the big --bigger sign, I like one. For the B choice I also like the option one. The only thing that I would change is at the very top -- okay. If that -- if that's to scale, it looks like the top of that would be about ten feet off the ground, so maybe it's not an issue, but it concerns me that the swoosh or part of the star hangs out beyond the sign. I'm sensitive about sharp points sticking out of things and -- even ten feet high that could be a target for people throwing things trying to hang on it or climb up and hang on it and I like the design, but I would make the design slightly smaller, so it fits entirely within that square and doesn't hang over the side. Just an opinion. De Weerd: Any other comments from Council? You know, I appreciate that. Robert mentioned it was part of one of our applications and similarly in another part of town a couple of developers, when they brought their developments in, had indicated they would like to put something in if they had a design and that would be certainly at their cost and we can further explore that. But as our businesses come in they want to be identified with our community and as they come in if they would like to offer to build these, that is an opportunity for our community. Hoaglun: Madam Mayor, just a comment. You know, I like their selection. I mean they are all similar in style, they are all very tasteful and a nice entryway monument to our city. So, anyone they selected I would be very pleased with. So, from a cost standpoint not having the barrel roof would probably help, which is always a good thing and might be a little cleaner. I don't know if people really associate that barrel roof with City Hall yet. Hard to tell. But -- but certainly any of these I could live with and their choice is very good. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council Workshop September 13, 2011 Page 7 of 52 Rountree: I compliment everybody who participated. I think you did a fine job and agree with the recommendation. Bird: It looks great to me. De Weerd: Okay. Thank you. And compliments to Brian. Simison: Thank you. D. Legal Department/Solid Waste Advisory Commission (SWAG): Community Recycling Fund Program E. Legal Department: Resolution No. 11-804: A Resolution of the City of Meridian Adopting the Community Recycling Fund Program De Weerd: Okay. Item 8 -- or, I'm sorry, 6-D under our Legal Department and our SWAG recycling fund. Nary: Madam Mayor, Members of the Council, I think I'll introduce this item and, then, Karie Glenn is our vice-chair of the Solid Waste Advisory Commission and may be able to answer more specific detailed questions. The chair Nancy Mann wasn't able to be here today, had a conflict with her work. So, for the public's benefit maybe I could explain a little about what the community recycling fund is and, then, we can talk about the specifics that SWAG is presenting to you as to how the program should function. Up until about two to three years ago all the recycling funds that were gathered by the city through the -- through SSG, the commodity market at that time was such that there was a steady stream of income that the city would receive for various projects and the Solid Waste Advisory Committee that existed at the time would evaluate those projects, set a number of criteria to those types of projects and, then, help would fund all or a portion of those projects and those projects varied in type. The playground equipment that's at Storey Park was funded through that. It funded some park improvements, like bleachers and trash cans in certain areas, benches at River Valley Elementary, they put out picnic tables and benches for folks. The reader board sign at Sawtooth Middle School was partially funded with the recycling funds and the criteria was always that it has to use recycling materials in it, as well as promote recycling as a part of the -- at least the signage that went with it or some other method that recycling would be a part of sort of permanent part of the project. So, the -- a couple years ago the commodity markets turned such that we were not receiving income from the recycling .program and we were actually having to not only fund the hazardous material program out of those funds, but we were, basically, funding them out of the funds that were collected for trash collection and so now, again, the commodity market have changed again and the city is realizing a surplus or a revenue stream from this type of action. Our recycling has increased significantly in the city and the market has, again, taken the up swing, so that there is actually revenue to be gained. So, the solid waste advisory committee has discussed that and come up with some criteria that's in your packets for you and I can Meridian City Council Workshop September 13, 2011 Page 8 of 52 just briefly, again, for -- more for the public's benefit -- again, the idea is to promote recycling. So, that the material -- or the project itself has to have as much as possible or reasonably possible, depending on the size and the volume of it, promote recycling and use recycling materials as part of it. One of the things that the Solid Waste Advisory Commission has decided that depending on the level of the type of projects, some of them can be fully funded by the -- by the funds and some of them will only be partially funded up to 50 percent of the funds and the cutoff they have determined was 5,000 dollars. So, a project that's under 5,000 dollars SWAC can recommend that the entire fund pay for the cost of it and if it's above 5,000, then, it would only be up to 50 percent of the cost of it, there would have to be matching funds, whether it be from a service group or an organization or whatever, they would have to provide some of the funding and some of the funding, of course, sometimes is in the -- the labor and equity of installation or putting the material together, installing, building, whatever. Something like that. I think those are probably the highlights of where it is. Again, it's looking for community -- community value types of projects, things that can be used by the greatest number of people in our community, whether that, again, be playground equipment, whether it be educational items, whether that be promotional -- ways to promote the use of recycling in our community, I think the slate is fairly open to what projects could come before the Commission. There is an application process through the city's website and through SSC to apply for these funds. They will, then, be reviewed by the Solid Waste Advisory Commission and depending on the limit of the project, may come back to you again for final approval or there is authority in the budget they have set for the smaller projects that they can actually approve them at their level. I think that's the basics of it is, and maybe Mrs. Glenn, if you have more specific questions that you want to ask, and Councilman Rountree is an ex-officio member, he may also have more the add to it, I think overall from my discussion with the Commissioners and the people on the Commission, they are very excited that this -- this program is able to be reinstituted. We found great value over about ten years for the city in getting projects funded through the efforts of our citizens in doing the right thing and being able to recycle products and being able to get those out of the trash and get them out of the waste stream and actually be reused and so the opportunity for this again to turn into both a positive from both the cost side of it, from taking it out of the waste stream, to also the plus side to the citizens to return them back to the community is a great asset. And so that's all I have and, again, unless Council Member Rountree or you have questions for Mrs. Glenn, they are asking for your approval and there is a resolution after this as 6-E, that if you find it acceptable that you can approve this program so they can move forward. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: Madam Mayor, just a comment or two. The program that is fashioned very much like the one we had previously -- it's similar to the one we had previously. It does provide some more accountability in terms of how the money is spent and what it's spent on and anything that -- any project that requires any construction activity will be reviewed by the building department and if there is a permit required there will be Meridian City Council Workshop September 13, 2077 Page 9 of 52 inspections, so we don't have issues with some less than desirable facilities being built. So, that was one thing that the previous program was a little shy on. I also wanted to point out that these funds are funds that are in excess of -- of the value obtained and the cost of recycling that are provided to the city by SSC on a voluntary basis. This is not money that contractually we necessarily would normally receive, it's out of their desire to promote recycling and support city activities as well. So, they are actively involved on the SWAC as ex-officio and they, too, like the idea of community-related support projects that promote recycling with the use of this money. So, having said that, I would make a motion that we approve Item 6-E, resolution 11-804. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Our next item is also under our Legal Department, Item 6-E, resolution number 11-804. Rountree: The one we just approved. De Weerd: Sorry. Rountree: That's okay. Bird: Caught you. F. Public Works: Second Addendum to Professional Services Contract with RIMI, Inc. for Mechanical Plan Review and Inspection Services De Weerd: Item 6-F. Yes. Thank you. Thank you, Mr. Bird. It happens on occasion. Bird: Rare. De Weerd: And I'm glad that I have someone to remind me. Okay. We did move Item 4-C under Item 6-F and so I guess Mr. Freckleton or Mr. Barry? Freckleton: Sorry, Madam Mayor, I got a little lost on the -- De Weerd: I saw you jump and, then, sit down -- Meridian City Council Workshop September 13, 2011 Page 10 of 52 Freckleton: Yes. De Weerd: -- and I thought okay Freckleton: Well, you know. Good afternoon, Madam Mayor, Members of the Council. Last time we were before you on the topic of professional services contracts we had three of the five contracts for plan review and inspection services signed a one year extension. Those were on your Consent Agenda today that you did approve. Since that time we have reached an agreement for a one year extension, same terms and conditions as original contract with RIMI, Inc., for mechanical inspection and plan review and we wanted to put that on Department Reports just to give you the opportunity to have any -- any questions or dialogue that you might want to have on that, so -- De Weerd: Okay. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bruce, as long as it's the same terms that they are working under now I have no problem with it. Freckleton: Exactly the same terms. De Weerd: Okay. Zaremba: So, we voted on the three that were on the Consent Agenda. Do we need to vote on this one? De Weerd: Yes, you do. Zaremba: Okay. Madam Mayor, I move that we approve the second addendum to professional services contract with RIMI, Inc., for mechanical plan review and inspection services. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 6-F, which was formerly 4-C. If there are no questions, Madam Clerk. 6-F-A. Well, that is actually the one that I entertained, because that's where I put it on my agenda, so -- and that's how I introduced this discussion item, so -- Hoaglun: We were all tracking, Madam Mayor. De Weerd: Okay. Meridian City Council Workshop September 13, 2011 Page 11 of 52 Hoaglun: Yeah. 6-F is what I was voting on. Correct? Bird: Yep. Hoaglun: Yeah. Zaremba: The RMI contract. RIMI contract. De Weerd: Well, actually, no. What I opened for discussion was what we moved from 4-C. Freckleton: Hence my stand up, sit down. De Weerd: Which is his stand up, sit down. Hoaglun: Yeah, Madam Mayor, I thought I had introduced --when we moved it to 6-F- A, but, you know, that's just asemantics -- probably should change numbers completely next time, but -- De Weerd: Yeah. Hoaglun: -- anyway. Up to you how we proceed, I guess. De Weerd: Well, since you have a motion under something I didn't introduce -- Zaremba: Madam Mayor, I would withdraw my motion and we will straighten out the administrative part. De Weerd: Because the discussion that Bruce just gave was actually on Item 4-C. Bird: No, it wasn't. Hoaglun: No. Zaremba: I didn't think so. Bird: That's on Alloway Electric. Hoaglun: That's Alloway Electric. De Weerd: Uh-huh. Freckleton: No. RIMI. Zaremba: Sounded like 6-F to me. Meridian City Council Workshop September 13, 2011 Page 12 of 52 De Weerd: Thank you. Okay. Well, no -- Zaremba: We could resolve that by opening both of them. De Weerd: Oh, I am sorry. Council, I'm looking at F on the top of my page. A human resources thing. So, now you know exactly where my head was. Okay. I will go ahead, Mr. Zaremba, and take that motion in a second and get over the pain that I'm causing. Zaremba: Well, to clarify, do we need to have that subject opened? Bird: No. De Weerd: No. Because the presentation was related to your motion. Zaremba: Okay. Then I will reinstate my motion, which was that we approve the second addendum to professional services contract with RIMI, Inc., for mechanical plan review and inspection services. Hoaglun: And second still agrees. De Weerd: I'm glad. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Rescind Lighting Contract Award to Alloway Electric in the Amount of $29,016.94 and Deem as Non-Responsive for 8th Street Lighting Project and Award Contract to Second Lowest Bidder, Power Plus for aNot-to-Exceed Amount of $39,116.50 Moved to Department Reports after Item F. Item will be brought back to City Council meeting on September 20, 2011 Freckleton: Thank you. De Weerd: Okay. Now we will go to Item 4-C and you -- you really need to rescind this by motion? Nary: Madam Mayor, Members of the Council, I think it was asked to put there to explain why and, then -- I think, then, you will be taking that action. De Weerd: Okay. So, that was RA and the subsequent motion. Meridian City Council Workshop September 13, 2011 Page 13 of 52 Nary: Yes. De Weerd: Thank you. Staff: So, Madam Mayor, Ithink -- De Weerd: So Mr. Nary? Nary: Yes, ma'am. De Weerd: We just had a motion to approve this contract. Nary: No. Madam Mayor, what was approved was the RIMI contract for services for mechanical plan review. 4-C that was moved from the Consent Agenda is about the Alloway Electric contract. Bird: Go to your Consent, Tammy. Zaremba: Which we have not discussed yet. De Weerd: Rescind. Nary: Correct. De Weerd: Okay. Nary: So, that's for Mr. Curns De Weerd: Oh. Sorry, Tim. I need to just like remove myself. Actually, it would be -- it would have been nice, because I wasn't really included on this change, so I'm not tracking it very well. So, sorry. Tim, please. Take me out of my misery. Curns: Yes. Madam Mayor and Members of the Council, real quick on this item. We had originally placed this on the Consent Agenda as a -- to request to rescind the contract award to Alloway Electric and deem them nonresponsive for the 8th Street lighting project and, then, award it -- the contract to the second lowest bidder, which was Power Plus. However, what we are actually requesting is just the first part of that at this point, which is to rescind the lighting contract award to Alloway Electric in the amount $29,016.94 and deem them as nonresponsive for the 8th Street lighting project and, then, we are actually going to rebid that project, we are not going award it to the second lowest bidder. Hopefully that made sense. Bird: Madam Mayor? De Weerd: Scary enough, but it did. Mr. Bird Meridian Cily Council Workshop September 13, 2011 Page 14 of 52 Bird: Tim, what's -- what's their unresponsiveness? Curns: Mr. Bird -- Bird: Did they call in and say they made a mistake? Curns: In awarding this contract -- actually, after it was awarded and the contract was signed with Alloway, it became apparent that they had not taken into account providing certain materials in the project and that may be due to the way we had the specification written, it had two different areas that addressed -- in the specification that addressed that material and so we have let them -- we have let them out of that contract or attempting to let them out of that contract and the second lowest bidder also had a similar situation and that only leaves us with one more bidder. So, at this point it seems that the best option would be to void the contract. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Follow up. Tim, who wrote up the specifications and who checked them before they went out for bid? Curns: Councilman Bird, I wrote the specifications for the project and those were checked internally. De Weerd: So, the third bidder who followed the specifications, Iguess -- yeah, I see Mr. Watts coming up. Because you do have one that's followed the specifications, does that render it that they are all kind of disqualified? Is -- since someone did follow the specifications, should they not be awarded this? Iguess it's just a question. Watts: Yeah. The city does reserve the right to cancel a solicitation at anytime and reissue if anything arises that we deem it to be a complication, basically. So, we have that authority to cancel and reissue. The specifications that Tim was talking about -- also they are not all that vague, they are fairly clear, and also we had apre-bid meeting which it was explained in detail to them, which we actually recorded and we have a recording of the pre-bid meeting, which everyone attended as well. We are more or less rescinding this as a favor to the bidders, because they seem to not got it, even though it was -- it was in the specifications, it was discussed at the pre-bid meeting and it was recorded during -- that discussion was recorded. We can clarify those specs by basically removing a word, I think, out of one sentence is all it would be. But we could offer it to the third -- I would -- I would feel more comfortable by re-issuing the bid myself. De Weerd: Iguess the disadvantage, though, is those responding already know how others have responded. Meridian City Council Workshop September 13, 2011 Page 15 of 52 Watts: That is correct. De Weerd: And that is -- that's the discomfort with -- with me. Watts: And my -- my personal heartburn is the bidder who was the low bidder was quite a bit lower and we brought it up that he was largely -- probably 40 percent lower than the second low bid. He was good with his numbers. He read the specifications, said he was good with it, and we proceeded forward. And, then, when it came time for him to do that work he said that he did not realize he was supposed to provide the power poles. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: He signed the contract? Watts: Yes, sir, and -- Bird: And we got abid -- and we got a bid bond and a performance bond? Watts: That is correct, sir. Bird: I'm like the Mayor, I --this is not fair to the other contractors. Unless you're going to change everything -- I mean everybody knows what each other bid. Watts: Yeah. That's -- Bird: I mean he's got a public works license, don't he? Watts: He does. Bird: I don't know. Have you talked to Ted? Watts: Yeah. This was Ted's recommendation. Bird: It's almost to the point that we have no business doing our bidding. We need to find a bid service to do it for us. Watts: Well, we followed the process and we have contracted the contractor. Bird: Well, if they got bonds and stuff, I'd start calling in and do it. Watts: That is definitely an option. Meridian City Council Workshop September 13, 2011 Page 16 of 52 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Keith, the second lowest bidder, do they include the power poles or was there some misunderstanding there? Curns: Councilman Hoaglun, in speaking with the second lowest bidder they also did not include the poles and their explanation to me was that they provided the documentation to their supplier and their supplier told them that they didn't believe that it was -- it was the supplier that was saying that that was not part of the bid and so that's why they also did not include them. De Weerd: So, their supplier didn't attend the meeting that they attended. Watts: I can't verify that. I know that the bidders themselves did. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The supplier isn't responsible for the bid. They got a public works license, they say they are capable of doing it -- if they are going to play with the big boys, they better be a big boy. We have all -- in that realm of work we have all left stuff on the table and had to eat it. I wish every time I made a mistake, 42 years, if they would let me rebid it. Watts: The -- what surprised me of the second low bidder, because the difference between the low bidder and the second low is about the cost of those poles, probably. So, that would put the second low bidder at double what the project should cost, so -- if you follow that. Bird: How about the third? Watts: He's right. He's within the -- Bird: And he's got everything? Watts: We have not gone that far. From -- from direction from counsel this was what they recommended us doing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If we haven't looked at the third bid -- if there is only three and we don't know if they have complied or not, you really can't say they are nonresponsive, but if all three Meridian City Council Workshop September 13, 2011 Page 17 of 52 are nonresponsive, then, obviously, you could rebid it and, essentially, everybody is starting from scratch. But I agree with Councilman Bird, that, you know, once --once the numbers are public and published everybody knows where everybody's bottom line is, including additional bidders that might bid on the job. Bird: That's right. Watts: Yeah. I would like to clarify as well -- the direction from Ted was prior to his knowledge of the second low bidder also claimed that he did not include the poles. So, it would make sense -- I do believe it would make sense to go to the third bidder and get his decision before -- before we go out for bid. And we can if you would -- if you would like to keep that option open, we can do that prior to rescinding that agreement. You would be doing that strictly as a favor to that bidder, because they signed that agreement and they did provide payment performance bonds. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: What did the low bidder's bid say? Does it say we bid it as per plans and specifications? Watts: Correct. They took no exceptions. Bird: Holy cow. I mean, like I said, I wished you guys -- I had bid my job to you guys. Hoaglun: Madam Mayor. I guess we were looking at rescinding the first one, awarding -- which sounds like they would want that rescinded, but we don't know if the third one -- the third one might go, yeah, I can do the job. Watts: That is correct. Hoaglun: And I would feel more comfortable if we just follow the process out and award it to them, if they do it -- bid it correctly and that's what it's going to cost then -- Watts: I'm comfortable with that. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I hadn't discussed this with Mr. Baird or with Keith there either, but it certainly seems to me -- I mean the options the city has is -- we have -- we have a bidder, basically, who now claims that they are in error. They certainly have -- they certainly -- the city has the right to enforce the bid bond against them if you want to and then -- and I think all that's really being asked at this point is to Meridian City Council Workshop September 13, 2011 Page 18 of 52 Ilow them to rescind their bid. So, the Council's direction is, instead, to allow them to withdraw their contract, but proceed against their bid bond, I think we can do that. I don't think that's -- I don't think we are prohibited from that. I think if -- the process I think Mr. Watts wants to follow is the second bidder is saying they are in the same situation. They also have a bid bond. They are not able to -- I think -- I think overall from what I'm getting from Mr. Baird here is that I think the discussion was more of not getting into the situation where we are upside down with a vendor who couldn't perform for what was provided -- for what they bid and us having to manage that, which we have done before, and we have found that to be more administration than is necessary. So, I think taking it step by step I think we have a bidder, basically, who has now informed us they are in error, they want to be released from their bid, they can gain relief from their bid either with us proceeding with their bid bond or not. Watts: And I would have to refer to our legal counsel. I wasn't sure if we could go after a bid bond, since they actually executed an agreement and entered into an agreement. Can we still go back -- Nary: Do they have a performance bond, then? Watts: They do. And that's a hundred percent of the contract value. Nary: So, we have the ability to proceed against their performance bond. Bird: And, Madam Mayor, I don't know if Bill would have to research this, but I believe that if we go to the third, which is --which is 10,100 dollars higher that with a -- his performance bond can pick that up to make the difference. Did you have any estimate of what this job was going to cost? What was it? Curns: That estimate was actually the budgeted amend for the project, which was roughly 40,000. Watts: And that third bidder is, I believe, right around that number. Bird: He's 30 -- he's 39,116. Yeah. Nary: Madam Mayor? Watts: The second -- Nary: Madam Mayor, Members of the Council, maybe we could put on next week's to have this discussion before -- and we will bring it back to you, because the only other issue I guess I'm unclear on is if we have awarded the bid and signed a contract if the bid bonds of the second and third are even still available. I don't know that they haven't been released. So, there may not be another bidder, technically, on this project any longer and that may be where the issue was, simply to either grant them the relief or not and, then, to rebid the project, because, technically, the other bidders may already have Meridian City Council Workshop September 13, 2011 Page 19 of 52 been gone, so -- but we can clear that up if you would like and bring this back next week. Bird: And Madam Mayor? De Weerd: Mr. Bird. Bird: I think Bill's got a very good point there, because the simple fact is we have, on a couple of wells, had people that after the bid before the contracts were signed or anything, we went to a second, because the first had forgot something and brought it to us. But, man, we have got the contract signed, we got the bid bond, the performance bond in place -- I think you better let Mr. Nary and Ted figure that out. Watts: Yeah. I have never had -- I have personally never had that situation happen before. They have five days prior to award to rescind their bid and that's a statute item. We are able to allow that. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to weigh in, I support the idea of exploring other alternatives before rebidding it, in fairness to the people who did bid. I think we need to explore the third and the other things that have been mentioned. De Weerd: So, they didn't rescind within the five day period? Watts: No, ma'am. They actually signed a contract with us. Bird: We got the bid bond -- or the pertormance bond. Nary: Performance bond. De Weerd: So, Council, what would you like to see? That this is put back on the agenda next week and we will get an update. Watts: Okay. De Weerd: Okay. Watts: I'll move forward with speaking to the third bidder. I believe that's the direction we have and, then, bring back the results next week. Bird: Okay. Watts: Okay. Thank you. Meridian City Council Workshop September 13, 2011 Page 20 of 52 G. Planning Department: Discussion on Potential for City to Compose and Adopt a Future Acquisitions Map De Weerd: Thank you. Okay. 6-G is our Planning Department. I'll turn this over to Caleb. Hood: Thank you, Madam Mayor and Members of the Council. I am here this afternoon to talk to you for a little bit about the potential for a future acquisitions map. I just gave the clerk a couple of handouts that hopefully will go down your direction here. It just has, essentially, some background information regarding future acquisitions map. We have talked about this potential a couple of times previous. The most recent being on April 5th when we were considering the --the new format of the Comprehensive Plan. It wasn't the main topic of discussion, but it was kind of a sub topic this last spring. We also talked about it during a joint workshop with the Planning and Zoning Commissioners in December, but, again, not as a main topic, but as a sub topic within the Comprehensive Plan. So, that's one of the things that is stapled in the three-page handout I just gave you. The last page is the language that we currently have in our Comprehensive Plan on a future acquisitions map. It, basically, says we are exploring options on this -- this topic. So, that's what I'm here to do a little bit more, is to give you, again, just a quick refresher on Idaho Code, that's the second stapled item in that little packet. Idaho Code 76-6517 allows cities to adopt a future acquisitions map. The maps are used to make known a city's intent to invest in parcels of land critical to the provisions of services and infrastructure within a maximum 20 year time frame. Now, that's my verbiage, not what's in state code, but that's, essentially, what this -- that statute allows. We have met a few times -- we being city staff, members from Parks, Public Works, some of the earlier meetings we included the Joint School District No. 2, some other public service providers in our discussion. We had a meeting late last spring. Planning Department liaison Councilman Rountree attended that meeting with some of the key department staff as we kicked this around a little bit more. So, I'm here to kind of summarize some of that and see if we should spend anymore time pursuing this. We haven't drafted a map per se, we have just been playing with the pros and cons of this and when we initially discussed this, again, we talked parks and schools and roads. We did see some value in having some map where all those needs could be identified on a map, but not necessarily for these purposes, for acquisition type purposes. What this kind of sub group did -- we have -- we have decided that just the most site specific and critical locations may warrant this map and that's what's called out here kind of in the middle of that first page, critical and specific land needs that were identified. Again, these are --these are parcels or projects that really can't flow to our map. You can't -- you can't move it to another part of the city, like a park, kind of we have -- those floating things -- those floating designations on our comp plan, it's a specific designation where that parcel or maybe you have got an option between two parcels -- it's pretty key to expanding what you have already invested in. So, those are three infrastructures that we have identified as potentially being on this future acquisitions map. So, wastewater treatment plant upgrades, so adjacent property, potentially. Well upgrades for -- I think Public Works has about six sites that they would Meridian City Council Workshop September 13, 2011 Page 21 of 52 maybe need to acquire adjacent property sometime in the future and, then, rail trail, so even along the railroad corridor. So, again, all those are pretty specific locations. Most of them are still TBD, but we would need to pick one location kind of around somewhere along that corridor. So, again, I have gone through some of the benefits and concerns or pros and cons with some of that. We don't really have a full recommendation for you of this sub group, but just wanted to get that --that information out to you and see, again, if you're even interested in discussing this further. I think I maybe will highlight just a couple of the benefits. It is pretty transparent with the community. I mean if we have this map and we say we are going to go after this parcel and that parcel, there aren't any surprises. It does give us some notice of when potential parcels we may be interested in do become available as they come on the market. Some of the concerns will be we don't really know what the true benefits of that is. We can negotiate today as something comes on the market, so having this map don't know if that really adds any value or another tool in our tool box per se. Some of the other cons that were discussed include -- you can't really budget for something like this. It comes up, the property is on the market, you need to react. You have 60 or 90 days to go and purchase that property. So, there is really no good way to plan for those things. What happens if you have multiple of these come on the market in the same year? So, that's just a -- kind of a brief overview of some of the things that are called out and pros and cons and, again, I'm here to seek your feedback on if we should pursue this further. I will -- I will point out, depending on how this direction goes, eventually I do need to clean up and update that section in the comp plan, so whether that be with inserting a map there or striking that section out, that's of kind where we are -- or at least the Planning Department where we are at with this future acquisitions map. So, I'll stand for any comments or questions you may have. De Weerd: Thank you, Caleb. Council? Mr. Zaremba. Zaremba: Madam Mayor, thank you. When I first heard this subject -- I think you mentioned it to me. But somebody did. My first thought was, oh, great and we should put on that map future water tank locations and future fire stations and future possibly one police substation in the northwest end of our city at some point and hearing your discussion today I can understand the reasons for not putting those specifically on this map. But that makes me think that they ought to be added to our Comprehensive Plan map, generalized the same way the parks are. I think we need to start identifying the general location of all of those things that I just said and I think I'm agreeing with you that perhaps that's not actually an acquisitions map, but we to need get them onto the Comprehensive Plan map. Hood: Duly noted. I will just comment we internally have discussed the value of having some map, so we all kind of know where future investments may need to happen. I mean having some -- one consolidated map. Not quite sure that it is appropriate for this -- for our future use map or not. We just took some layers off of that, because it got to be too busy with all the stuff going on, but we have talked about some value of having a document that shows if Public Works needs a well site, maybe you can co-locate something else next to it and -- and work things out like that as we look at a CIPs and Meridian City Council Workshop September 13, 2011 Page 22 of 52 those types of things. So, we have improved communication in having some map that consolidates some of those facilities and master plans does make sense. So, we are looking into that and what the appropriate vehicle or tool or outcome of that should be, so appreciate the comment. De Weerd: Caleb, doesn't that make sense, even though it could be busy, that you have the busy one and, then, you show a series of maps with different overlays, so it's less busy, but at least comprehensive. You can say that the busy one is the compilation of -- of these three or whatever, but you at least have some stand atones grouped in particular related items, so that people know a little bit more. Friedman: Madam Mayor? Excuse me, Caleb. Sorry. De Weerd: Oh, I'm sorry. Was trying to find the voice. Friedman: Here I am. Madam Mayor, Members of the Council, that's a very good suggestion. I think, you know, as Caleb talked about, we have the separate chapters of the plan that talk about public services and those relate back to some of our other plans that -- for example, the water comprehensive plan, the sewer comprehensive plan, as those documents become finalized it might be possible to pull some of facilities mapping that they have in there and stick them in the appropriate chapters of the Comprehensive Plan under services, under utilities and that sort of thing, to provide the transparency and the information that the Mayor was suggesting, still allowing the land use map to remain pretty much as it is with a few of the essential things, like the schools and the fire station. That's another option we could look at. De Weerd: Any other thoughts from Council? Bird: I have none. De Weerd: Okay. So, do you have enough, Caleb, in order to move forward on this? Hood: Quite honestly, no. And if you give me the green light to pursue this doesn't necessarily mean you're supportive of a few acquisitions map, but I would like some direction if you would like us to actually compile a map and show that to you and, if so, are these three critical and specific needs, the ones we should be pursuing, do you want more, do you want less? If you want to do another work session and really get down into the legal mechanics of how this works, if that's appropriate, we can do that, but I just don't know -- kind of at a crossroads. I can invest more time into this and I'm happy to do it, but if there is really no interest in this, we will just -- we will put it to bed for now and maybe look at it in years from now, but -- Zaremba: Madam Mayor? Hood: -- need a little more direction, please Meridian City Council Workshop September 13, 2011 Page 23 of 52 De Weerd: Mr. Zaremba. Zaremba: I would say I'm definitely interested in it, but the point you raise about if we actually mark a specific property in the city, even with these critical and specific issues, we change the nature of any negotiation that may happen with the property owner and while I was enthusiastic about the idea at first, I kind of agree with what you have said that I'm not sure we gain anything. If -- if we can have a map that has the layers of -- we need to have this facility in sort of this location and we can enhance that idea. I might skip the future acquisitions map. I just -- I don't like know. Like I say, I was enthusiastic about it when -- when the thought first came to me, but I can see reasons not to do it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: And I know Caleb knows where I'm coming from, but just to restate it, I think the idea of a future facilities map is a good idea. I don't want to see it tied to the state statute. I believe a future acquisition map is appropriate for those areas where we have significant investment, i.e., the wastewater treatment facility. We know in the next 20 years we are going to have to expand. What we need to know, though, is how much property that's going to take or can we do it with the existing piece of property. Once we know that, then, we need to identify that as something that we are going to have to acquire. To me that's transparent. But to identify a pathway that's -- or a fire station or a park that there is flexibility, I see the tighter you get that and the closer you tie it to the state statute, the closer we are going to get into a situation of a takings question at some point in time and I don't want to go there. It's not been tested particularly well, as near as I can tell, has it, Bill? But there has been discussion about it and, you know, once you -- once you invoke that future acquisition statute there are things we have to do and that could cause somebody to request a permit or an annexation, which, then, puts that on hold for 60 days and an action needs to take place. That could color what kind of zoning an annexation might have that could, then, come back to say, well, that isn't the highest and best use for me, I want something else -- by you putting that on the map and saying you got to have it, then, you're taking the value of the rest of my land. So, I can see where there is an argument to be made that I don't think the city wants to to get into. But there definitely are situations -- and I think the wastewater treatment facility -- some of it -- the plant facilities that we have on ground now that we can anticipate need to expand, it's -- it's the way to go, because you don't want to lose that option. Hoaglun: Madam Mayor? Yeah, I share Councilman Rountree's concerns on the future acquisitions map, a formal designation. You know, when I think about what the city does at the department level and the capital improvement plans that they have, looking forward five, ten years down the road and, you know, taking Mr. Siddoway, since he's here, as an example, parks, knowing that we need to acquire park land in this part of the community at a future date five years out, seven years out, and that --that's still a Meridian City Council Workshop September 13, 2011 Page 24 of 52 moving target and we have shown the ability when something becomes available at a very good price and we know we are going to move there within that time frame, the Council has acted and acquired property to -- to make that happen, even though it's not going to be developed right away and so we still have that flexibility to do that, but from a planning standpoint and communication standpoint within the city, it's good that departments are talking and you guys are working on having the idea that these things are going to be happening in these areas at some future point and as Councilman Rountree pointed out, you know, the sewer plan, that's there, we have to expand down the road some day, maybe when all of us are gone, but -- well upgrades, those sites are already there. Having Public Works work with Parks Department, hey, you have got a potential park site over here we need, we are going to need a well in that area, maybe we can work something out, those type of things. So, it's --move it forward, but maybe not in the formal sense is how I see it, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with everything that's been said, but I would like to expand on it, that the point is that I don't like to see anything tied down. We know we got to -- we probably ought to purchase something around public -- the wastewater treatment plant, but we have always been able to -- if a good buy comes up, we have looked at it, if we think it': a park site we do it. Right now in this economy, yeah, it's good buys, but at the same token with our revenue like they are I just as soon see this property stay to tax rolls and not be off tax rolls. I think we are -- I think we are a little ahead of our times. See, development is going to tell us what we have to do. Hood: That helps. Thank you. H. Planning Department: Application with Ada County to Recognize City's Current Comprehensive Plan De Weerd: Ask and you shall receive. Okay. Item H, I will just let you continue on. Hood: Thank you, Madam Mayor. So, the next item is -- has to do with the -- I think it's still new. It was adopted in April. So, our new Comprehensive Plan, which I referenced in the last agenda item, recently I e-mailed a copy of that to Ada County Development Services staff. They -- they didn't have a copy. We transmitted them copies when we were going through the process, but I don't recall if we ever sent them the final version of this. So, I sent them an a-mail copy. They responded with a request for acopy -- bui request that we file the official application with the county to renegotiate through Title 9 our -- them applying our comp plan and whatnot. So, we have a meeting next week with Ada County Development Services, just to understand that a little better. I'm well aware that when we amend our area of impact or propose to amend our area of impact we need to renegotiate that with the county, just need to understand a little bit better if it's any text change for our comp plan do we have to go through this renegotiation Meridian City Council Workshop September 13, 2011 Page 25 of 52 process every time or can we simply apply and say, hey, we spelled that word wrong and we want to change that wording, will you recognize our word change, or maybe it is something more substantial, you know, it was a renegotiation process, can we just apply and have you -- have you do that. So, we are going to try to understand that a little bit better. Depending on how they kind of explain that process to us -- because we would like Ada County to recognize our new comp plan, obviously, but we have some changes coming up. So, if that process is too involved -- I mean it's going to take three or four months to get through their process, well, staff, will have to go and testify at their commission and board level for that application. Would the Council be comfortable with holding off application now and just waiting until we get some of these other things cleaned up in our -- our newer version and, then, having them adopt what we think is going to hold us over another six months or a year anyway. I just hate to be -- we are going to have back-to-back processes doing -- we will do an amendment and just get through their process and we will have another amendment we will need to apply with them. So, just kind of a heads up that I'm hopeful that we can just work with them and, you know, keep them in the loop on changes that we have to some of our policies and plans, but maybe we can amend Title 9 even, that they -- so, they can acknowledge some of these minor amendments to our Comprehensive Plan in the future. So, that's more just kind of a heads up for you. I will keep you updated as to how that goes and -- and that they are still using our previous version of the comp plan, which isn't the end of the world, I mean we didn't do wholesale policy changes anyway. So, them using our previous version of the comp plan, not a huge issue, but I would like to get it cleaned up with them and we are working on it, so -- I don't -- Pete, do you have anything you would like to add? Friedman: Yeah, just a couple points, Madam Mayor, Members of the Council. I think -- I think Caleb did avery -- hit it pretty accurately. Specifically when we look at the fact that we are going to do a major future land use amendment and I think start that process kicking off here within the next few months. So, we will definitely have to go back to them once that process is completed. From a practical perspective, you know, as we receive applications in Ada county we have to evaluate them for consistency with our Comprehensive Plan. Primarily we look at the future land use map. The future land use map hasn't changed, so the document that they currently possess, which is the one that they have identified in our Title 9 agreement, the land use map is still accurate and up to date. So, that really doesn't affect anything and they practically don't look at our policies anyway. So, my thought -- and Caleb and I were discussing this today, if it's the Council's desire and we hold off -- we can have this discussion with the county next week, but if we hold off until we complete that south Meridian future land use map amendment or south Meridian and the field land use map amendment and, then, renegotiate the whole thing -- I also would be interested in pursuing with them an option of say once a year when we know that we have had these textual changes that occur throughout the year, just say, hey, look let's work out a way where we can just come to you once a year with nonmap amendments and just take care of the thing wholesale. So, to embark on what Caleb has said will be a two to three to four month process to get them just to recognize our reformatted plan when we know we are going to follow on the heels of that within a few months with some map amendments, I think there is really Meridian City Council Workshop September 13, 2011 Page 26 of 52 not a great amount of exposure or risk, in my opinion, to us not -- you know, renegotiating at this time just with our formatted plan. But those were my thoughts on it. De Weerd: Thank you, Pete. Any questions? Mr. Zaremba. Zaremba: Yeah. Two comments. I agree with the direction that I think we are going. If Ada county says, yeah, we will make word changes without a big process, then, let's ask them to do that. But if -- if the response is, no, you have to go through the whole process, then, I agree let's wait until we have done the south Meridian thing and, as you say, maybe the fields project and this maybe out of place, but let me just throw in something for people to think about. Many cities find that when a freeway facility is put in a part of their community gets cut off from services and I know we have some issue with our safety services having to cross the interstate that currently exists, I-84, I have been thinking about the impact that Highway 16 is eventually going to have on us and what I'd like to throw into the mix, probably, for future discussion is in our area of interest might we want to give up the area that's going to be on the other side of Highway 16? We have a little square of something like four square miles that kind of sticks out of our -- what would be a straight boundary up McDermott -- when Highway 16 goes in that may be a difficult area to serve, both from Public Works and from safety services, so I just want to throw into the conversation might we want to discuss offering that to Star or -- you know, so that that might not be a problem for us. But I don't know if we need to discuss that now, but I would like to see that discussed at some point. De Weerd: Probably not. And that was -- that was contemplated a long time ago when we looked at the Comprehensive Plan and they looked at their sewer design and all of that. Meridian was taking that area and so they designed accordingly. So, it's kind of a late hour to be discussing -- Zaremba: Okay. De Weerd: -- that piece of it. A little scary, too. So, any further comments? Bird: No. You answered for me. Rountree: Good process. De Weerd: Okay. One thing I think we do have an opportunity is looking at how to keep that connection through land use and transition and those kind of things. It presents a great opportunity. Planning Department: Airport Road -Overland Road Alignment Preference De Weerd: Okay. Item 6-I is also Caleb and I see he's got hand outs. Thank you Meridian City Council Workshop September 13, 2011 Page 27 of 52 Hood: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is on this agenda at the request of Ada County Highway District. What I just handed out is a -- it's not the whole plan, I do have a copy here if someone's interested in the whole plan, but, essentially, we have been through most of the first four chapters of the plan, it talks about public involvement and alternatives and process and needs for this study. What you haven't seen is Chapter 5 and 6, which is the preferred alternative and the implementation section. So, I thought I would give that to you. We certainly aren't going to go through it now, it's still pretty lengthy, but I wanted you at least to have a copy of it. I tried to figure out another way to get it to you, sorry I didn't get it into your box earlier for you to look at, but I have CDs, I can run you a hard copy if you want the whole corridor plan, but I thought it would be good anyways just to have it --just to get you those sections in your possession anyways for now. So, let me know if you'd like the -- the whole corridor door plan or want to talk more about it. I do want to let you know that this was the -- Parametrics finished this draft sometime in July. No agency has yet adopted it, so city of Nampa, Nampa Highway District, ACHD, or the city of Meridian, or ITD for that matter. But ACHD is looking to. So, before they look to they'd like to see if we have a -- any input or a preferred alternative that we would be willing to let them know about. So, Jeff Lowe from ACHD is here this afternoon and will ask your -- ask you if you're willing to state a preferred alignment at this time. I will also let you know that the technical advisory team for this group was going to meet earlier last week I believe it was, but it got cancelled, so we were going to get together and just kind of go through this one last time, figure out where everybody is at, what they -- the game plan is for adoption implement type things. So, I think with that intro -- oh, Jeffs already up. I'll let Jeff speak to you on their request. De Weerd: Thank you, Caleb. Welcome, Jeff Lowe: Thank you, Madam Mayor, Members of the Council. I'm Jeff Lowe, one of the planners at ACHD, and as Caleb stated, as staff we were looking to take this to the commission for their adoption. Of course, with you being the land use agency we are looking for your guidance. We feel that, you know, let's keep going with the momentum that's been generated with the planning so far and also this plan would help give the district a better understanding of how you feel about the area, help us make better decisions in that regard. So, we are -- we are asking you to consider correspondence on a preferred alternative. I understand you will be planning for the area still. De Weerd: Thank you. Jeff, what is the --where are the commissioners in this process in moving forward? Lowe: Madam Mayor, the commission has been updated periodically through this process and we were hoping to take this to them, you know, approximately a month ago, but with delays -- or still working through things we have held off. I would think that once they have a better understanding of how you feel, whether it's no preference right now or a preference, they would make a decision at that time. I don't want to guess what they would -- what they would say, but they might -- at least once we know how you feel that helps us know how to feel as well, I guess. Meridian City Council Workshop September 13, 2011 Page 28 of 52 De Weerd: So, in essence, you're saying we really want to know what you guys think, so we can move forward. Lowe: Yes. De Weerd: Right? Hoaglun: So, Madam Mayor. Jeff, your question really is 2B or not 2B, that is the question; right? It was just sitting out there so big, had to go with that. And that alternative, I guess, what we had been waiting on for awhile --and it sounds like it's worked out, that gravel pit alternative for 2B was something that we -- I know I was interested in and Council discussions were interested in seeing if that would work and it looks like, in my brief cursory review, that that is an alternative -- 2B alternative, that that option is available. Is that right; Caleb? Lowe: Madam Mayor, Councilman Hoaglun, yes, that is correct. It -- obviously the -- a lot of work, but it can be done. Hood: And maybe just to follow up. Yeah, we did -- it was some site tweaking from one of the -- the previous alignments that you saw to have the least impact in what we thought was the best alignment, but it was a slight tweaking of that 2B. So, it wasn't exactly the same, but it was altered slightly, so we thought that it could be accommodated through future development. Hoaglun: Thank you. De Weerd: So, that kind of ruins your 2B or not 2B, because it's the alternative 2B Hoaglun: Right. Well, we always have to modernize the -- De Weerd: Or the alternative. Hoaglun: You know, we have just got to keep updating. Life goes on. Bird: Alternative B. Hood: Madam Mayor, can I maybe just add one thing? I want to just bring it -- the reason Jeff is presenting this to you and not myself has a little bit of history. Although there have been two public involvement meetings on this topic, the city of Meridian has not had a -- an opportunity, a forum for the general public to come and speak and do the noticing and whatnot on this study and I mentioned at a previous meeting here that if I get one shot at that, I want to do that as part of the comp plan, because eventually we would like to roll and reference this project into our Comprehensive Plan, whatever the plan looks like. Or maybe we don't like B, maybe it's something else and that's what we want to put in our plan. But I'm a little sensitive and Idon't -- I don't mind if you -- if Meridian City Council Workshop September 13, 2011 Page 29 of 52 you do have a preference and certainly that's what's documented is 2B, but I did just want to restate if we are going to -- we really haven't reached out to the public in Meridian to comment on this. So, that's my only kind of background history on that. De Weerd: Well, I do think, though, Caleb, the land owners in this area were invited to a public meeting type of forum and we did hear from a number of the people out in that area. So, it is the rest of our city, but those that are the most impacted by whatever alignment is selected, certainly their opinion has been sought and we greatly appreciate the sensitivity to that and I think in looking at how 2B has been altered, I think a lot of that public comment was taken into account and people were listened to. So, that was greatly appreciated. Hood: Madam Mayor, if I could -- that's a great point and I do want to point out we had a really good turn out, too, at both of the public involvement meetings, a lot of very very high number of those directly affected did attend. So, I think that's a great point that you make that we have been involved with those most directly affected. De Weerd: Well -- and I think that was in a joint --there were a number of public elected officials in that, so it was -- I appreciated all of the different staffs from the agency and the effort that was put into making sure that key stake holders were in attendance and that we had the opportunity to hear that dialogue. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would chime in seconding what -- what has been said. I did attend the public meetings and tended to gather the Meridian residents around me. There were certainly plenty of people there to talk to them, but I -- I felt that as I was discussing these things, the people that talked to me pointed out which property was theirs and I think I talked to just about everybody that would be affected by the portion that we are looking at here and I would say the vast majority of them would have favored crossing the gravel pit and part of the reason that I was withholding an opinion was to get ACHD's assessment or Parametric's assessment is that doable costwise. So, I think the answer that we are seeing in front of us certainly answers what I believe I heard from the residents in the area and what I'm sure they made in their comments, which ACHD has considered. So, I would be comfortable if -- as it looks like ACHD has decided that crossing the gravel pit is doable, I would be comfortable supporting what I'm looking at. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A question. What's ACHD's next step, provided we give them some input? Meridian City Council Workshop September 13, 2011 Page 30 of 52 Lowe: Madam Mayor, Councilman Rountree, the next step would be taking this to the commission and if they adopted it, we -- Caleb and I worked on the implementation part of it, the plan itself, and those goals would start to be realized. You know, there is -- if development were to occur we would have a good foundation to base decisions. It continues the planning in the area, cooperating with -- with the agencies involved, those types of things. Rountree: Follow up. Is that done through a public hearing or is that just an action on the part of the commission? Lowe: Councilman Rountree, that would be a public meeting before the commission. I'm not sure -- I can't answer for sure if it would be a public hearing per se, but I could find out for you. Rountree: Okay. De Weerd: And I think certainly as Caleb brought up, we would want to make this, then, part of that comprehensive planning effort in south Meridian, so at least people know what options that, you know, they are commenting on, dealing with, looking at the appropriate land uses surrounding it. So, I think it allows both the highway district to move forward with the appropriate planning on their terms and -- or on their plans in terms of what they will need, as well as on ours as we map out the south area of our community. Rountree: Madam Mayor? What's the timing with respect to approval if ACHD approves this alignment? Do they, then, go into preliminary engineering? Lowe: Madam Mayor, Councilman Rountree, this plan is based solely on development -- as development occurs. Rountree: Okay. Madam Mayor, I don't have a problem letting ACHD know that Meridian has a preference and if this alternative is our preference, that they could move it forward and we would move it forward through a public hearing process that would result in the eventual adoption on the part of the city within our Comprehensive Plan. That doesn't necessarily mean that that's what will end up in our Comprehensive Plan, unfortunately, so we have kind of got a disconnect between where you're thinking ACHD's adoption might go and what we may have to adopt in our Comprehensive Plan. We can't just adopt this by a letter to ACHD, but we can express a preference. The other thing I would state is I would recommend that the city express a preference for the alignment, that the design detail at this point is premature, it's conceptual, and probably need to clarify that as well, that we are just -- if we do show a preference here is that it's the alignment of this corridor. Hood: And, Madam Mayor, I'm willing to draft that letter for your signature, if that's the motion that you all make this afternoon. Meridian City Council Workshop September 13, 2011 Page 31 of 52 De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree. I think this is a very well thought out concept and I'm for it a hundred percent. De Weerd: Okay. Well, do I have a motion and -- Rountree: Madam Mayor, I would move that we move forward with a letter to ACHD, have staff prepare such letter recommending option 2B for the Airport Road, with indications of the comments that I previously made in the letter about preference for an alignment, not design detail, and the actions that the city would ultimately have to take through a public hearing process. Zaremba: Second. De Weerd: I have a motion and a second. Just clarity on -- this is the alternate 26. Rountree: Alternate 2B. De Weerd: Okay. Rountree: Or not 2B. De Weerd: Any comments besides that? Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Jeff, for being here. Lowe: Thank you, Madam Mayor and Council. Thank you. J. Planning Department: Transportation Priorities 2011 De Weerd: Okay. Our last transportation item, Item 6-J. Caleb. Hood: This one I think is pretty fun. This is --this is one where we get to put our wish list out there to all the transportation agencies. So, I hope that you all have had a chance to review the -- the four roadway highway intersection and pedestrian Meridian Cily Council Workshop September 13, 2011 Page 32 of 52 improvement priority project list that the Transportation Task Force put together for your consideration. We met on August 4th and did so and the task force is now asking the Council to endorse the project list, so they can be sent to COMPASS, ACHD, and ITD. Just a high level summary. Most of the changes to the priority order for this year reflects some new data that we received from ACHD. They have some new level of service maps and we used those a little bit more this year than we have in previous years. They really show where some of the needs are. It's pretty interesting to look at the priority lists. What we thought were lists -- or priorities before we had the data to back those up, are pretty much where the needs are. So, what -- the perception and the numbers are jiving pretty well, so this group is pretty in tune to what the needs are in the community. Some of the other changes, just to note, generally anything that's in construction in FY-12 has been either pushed to the bottom of the list or moved down at least on the priority list, because the budgets have been set. So, there is no sense in having that project be one of your top few priorities, because you, essentially, are giving away points, because it's already programmed, it's planned, budgeted for construction. So, those are --those are pretty much the main changes from this year, aside from some of the new projects that are on the list and I will go through those real quickly when we get to those. So, I'm going to start with community programs, unless there is any initial comments or questions you have before I kind of get into the main nuts and bolts of the priority list. De Weerd: Go ahead. Hood: Okay. So, community programs. I have got a letter here that I can share with you. Sorry for all the handouts today. Typically I would put these in a packet, but I didn't think you needed to review this stuff really beforehand. But what I have is a letter addressed to the Mayor from ACHD asking -- it's a calls for projects list and, basically, it says, you know, here is everything we want you to do and we want to have the list late this year over to ACHD for consideration. So, I have got that list, as well as some of the criteria they use for projects. So, I'll give that to you and you can peruse it later. But the TTF we used some of the technical criteria and we noted six new priority requests for this year for our community programs projects. Like in previous years, the TTF considered the list that the parks commission has, as well as Joint School District No. 2. We have staff and members from Joint School District No. 2 on the task force, so we can merge the priority lists with a known list and -- from the rest of the citizens and other staff here at the city and what you see, then, is the 2011 community programs priority list. So, I'm going to just jump to some of the new items. So, on page four of the packet that you had for this meeting, project 15, 16 and 17 were all projects that Joint School District No. 2 had on their priority list that we did not currently or previously have on our priority list. So, we are proposing to add those so we can track them together, but there is no need for the city to actually apply to ACHD for those projects, because they already know about them. Joint School District No. 2 applied for them. So, that's 15, 16, and 17. Jumping down that same page to priority project number 24, 25 and, then, it will continue on on the next page, are the new projects for this year. So, I didn't bring any fancy maps or anything to show you where they are, I thought a lot of these are pretty -- we know in town where we are. The first one on 4th, Tim Curns noted there is Meridian City Council Workshop September 13, 2011 Page 33 of 52 a power pole in the middle of the road. There is no sidewalk. It's really a hazard type situation. I will point out it's not a safe routes to school designated route, so you won't get all the points at ACHD when they apply for this project, but there certainly is a need there. And, then, same with State and 4th. That was I actually talked to that property owner, he has -- I think it's four feet wide detached -- there is no curb and gutter on that section of State Street. He has sidewalk, but he's mid block. No -- he's got two or three property owners on either side, so there is this landlocked piece of sidewalk and he asked if we would request that the entire section from 3rd and 4th -- from the north side of State Street be fixed with -- with sidewalk. Priority number 26, another new project that we are proposing to apply to ACHD for -- Duane Drive, Ustick to Red Feather. So, I do want to specifically call this one to your attention, because this is -- you have had previous meetings on this roadway in particular and it not being up to current city standards, it's a rural 22 to 24 foot asphalt public street, was previously gated, the gate -- I think it's still there, but it's open -- off of Ustick just east of Eagle Road and Red Feather Subdivision is to the south. So, one of the ideas that we thought would help that neighborhood -- because we hear a lot of complaints about people going -- one, it's straight, there is not a lot you can do about it being so straight. But If you can extend some asphalt and add a sidewalk for pedestrians and maybe even bicycles to use, so you're not sharing the 22 to 24 feet of asphalt, that may be -- may help out there for those residents. I know a lot of them feel like they are rural, they have livestock, whatnot. But this was just an option that we came up with that thought it may improve the situation on quality of life, if, in fact, Duane Drive is going to remain open for general public use. Twenty-seven is the rails to trails. So, in that one we are not going to ask ACHD to buy a pathway network along the railroad corridor, but we do want to start the discussion about crossing, particularly at arterial intersections, because that's going to be key to making this network happen is some day eventually when we get a trail along the rail corridor we need to cross all the arterials as far as it goes. So, we need to work with them and coordinate them -- with them on location, design, those types of things. So, this one really is more of a way to get the discussion started. I don't see them funding anything right away. We certainly aren't ready to build anything. So, that one is just to get on the list, it's towards the end of our priority list. As we get closer to having a real project I could see this one moving up the priority list, but --but that is new this year and we would propose to apply to ACHD this year. One change I would propose for Council consideration today, from what the TTF recommended, is number 28. I would propose to flip flop that one with priority number 14. Just an oversight on my part. The motion from the TTF -- number 14 is Victory -Observation Point -- that one is a construction year in '12 and as I have stated previously, we'd like to move those towards the back. Twenty-eight is a safe route to school project and typically we like to have those towards the beginning. So, if you flip flopped 28 and 24, I think that's consistent with some of the other changes that we made, so --and, then, 29 is our last new project, Eagle, Victory to -- or Falcon to Victory, that is another property owner that requested that directly to ACHD, but they are within the Meridian area of impact, so I proposed to add it to the list, so, again, we can track it through the process and support that property owner in getting some pedestrian improvements in front of their property. So, I think that's a -- maybe just one -- sorry. One more thing to highlight. There are three things at the very end of the list on page six that are highlighted as not prioritized. Meridian City Council Workshop September 13, 2011 Page 34 of 52 Those are three projects that were on the parks commission's list of priorities, but aren't very -- they won't score well at ACHD. They are really internal -- not right of way projects. So, they are on the list, so we can track them as pathway projects, but for ACHD community program projects, quite honestly, they will never get funded through that -- that program, so -- but they are on the list, so we can track them. So, I think with that I would ask that you endorse the list that's before you today with the one change to the Victory -Observation Point and Project 28. And I will stand for any questions at this point. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, on Project 30, the Ustick, Ponderosa Elementary to Linder, that school access is off of Ustick and it's relatively shallow off of Ustick. It is through the neighborhood. But on rainy days and days when there is a lot of parental dropping off of students and buses, that intersection with Ustick becomes a real hazard with people turning -- making right and left turns in there, people queued up out into Ustick, trying to get in and through the school and get their kids dropped off and people driving Ustick at 40, 45 miles an hour, it -- it can get really dicey some mornings right there. I don't know if that's something ACHD is aware of or something that they might want to look at, but I have been in -- in that area several times when you're almost at gridlock because of the queues from the school all the way down -- I think it's Naomi or something --the street is -- is something like that and backed up on Ustick. The other thing that happened is people coming out of there don't stop, they come shooting out of that side side street and going full bore right-hand turn onto Ustick when that happens and I don't know if there has been any accidents there, but it's an accident waiting happen on those mornings when that occurs. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd second that. And also at pick up time when I have to pick my grandchildren up it's just as bad as it is in the morning. De Weerd: Unfortunately, I think you can say the same for almost every elementary school -- Bird: Yeah. You're right. De Weerd: -- region in our community, you know -- and I don't know how you get parents to be more cognizant and cautious as they are going in and out of these areas off of the busy arterials. You know, it is -- it is frightening off of Locust Grove. You have that on mid McMillan, you -- it's -- it's kind of indicative to the elementary schools and having down the street from Linder Elementary and seeing how parents drove as they Meridian City Council Workshop September 13, 2011 Page 35 of 52 were trying to hurry their kids to school as little kids are walking down the street. It's -- it's -- it's a problem everywhere. Rountree: But it's when you're dealing with a major arterial, like Ustick Road, it's -- it's even more of a problem when you have people stopped on that facility in an unexpected situation and for no apparent reason, just because of the lack of storage on the part of getting into that school, because it's so close to the road. That was some of those other situations you're stopped and backed up on some collectors and some local streets -- De Weerd: Hunter was the same Rountree: But this one was particularly bad because of Ustick. And Ustick is getting more and more traffic with Ten Mile in that particular section, so -- Hood: Madam Mayor, I propose we will take that and I will work with Mr. Nary, maybe Mr. Curns, and get this on a -- it seems appropriate for the Traffic Safety Commission to address -- not necessarily for the community programs, but duly noted and -- Rountree: It just brought that to my mind -- Hood: Yeah. Rountree: -- that's something I don't know that we spoke about before, but it's Hood: And there is traffic staff on our Traffic Safety Commission from ACHD, so we can -- I have got it noted and we will --and others. I mean as these are known if you would let me know, then, we can vet them through the process, ask for the engineers to look into it more and see if there are solutions out there, so -- Nary: Madam Mayor? De Weerd: Yeah. I think when Pine was extended and connected the middle school out there, Lewis Clark became something similar as well. Rountree: I'm sure. De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, Caleb is right and it's very timely. Our meeting next week for traffic safety, one of our topics is schools and the challenges of traffic and we intentionally set it to -- you know, a month into the school year to address what types of needs there are and so this is very timely and we will certainly have that discussion on our agenda next week. De Weerd: It's a nice welcome to Mr. Lancaster, too, as a new commissioner on the Traffic Safety Commission. Meridian City Council Workshop September 13, 2011 Page 36 of 52 Nary: Absolutely. De Weerd: Yeah. Hood: Okay. I'm going to move on to roadway projects, unless there is anymore -- any comments on the -- on the community programs, sidewalk -- okay. So, roadways and intersections, again, we received a letter addressed to the Mayor from COMPASS, call for projects for the TIP and they would like to have our endorsed transportation priority list by October 5th. So, we are well within the time line for their projects and, again, the task force discussed roadway and intersection projects on August 4th. I'll highlight a couple of the prospects for you, what was 2010 ranked number two for roadways is still priority ranked number for the task force and ask you to concur, but I do want to point out that Franklin, Ten Mile to Linder, has slipped two years at ACHD from 2012 to 2014. I know the Mayor is aware of this, but just some of the -- the revenues that ACHD anticipated aren't coming to fruition, so a couple of projects from '12 had to be pushed back and there was a little bit of a domino effect with some of those, too, so -- but I just want to call that to your attention. And, then, project number three, Ten Mile, Cherry to Ustick, that one slipped one year from 14 to 15. So, there is some of that domino you're seeing, so that Franklin, Ten Mile, Linder, moved into 14 and this one had to slip to 15. So, just point those out. They are still high priorities for the city, but just to point those out. I'm going to jump down to -- De Weerd: And, Caleb, I guess I would just add that ACHD has recognized that in particular number two, because of the Ten Mile interchange, is important and they will do what they can if they can have cost savings and -- and be able to get that in a different year, they are certainly focused on that. Hood: Thank you, Madam Mayor. Yeah. It wasn't good news, they have been willing to work with me and I think others to do what they can to see if we can't get it back in a time line, but right now as far as the books go, it's -- to balance the books it's in '14, so -- probably ranked number nine -- this is one of the ones that I'll call to yourattention, because it was 26th last year, Linder, Cherry to Ustick. But when you look at the level of service if fails in the p.m. peak. So, the task force moved this one up from kind of the middle of the road or bottom third of our project list up to the top third. So, I'll just highlight that one that really the -- the volumes and level of service, the VC ratios, some of the safety, shows that there is a need down Linder from Cherry to Ustick a little bit more than what the task force had recommended in the past. That's probably the biggest change to the list. Most of the other ones just kind of fell in line, so I think with that I will stand for any questions you may have on roadway project priorities for this year. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Meridian City Council Workshop September 13, 2011 Page 37 of 52 Rountree: No. Hood: Moving on to intersections, then. Similar story this year. So, I'm on page ten of the memo for your packet. The two that really advanced after looking at some of the -- the volumes, level of service stuff, for Projects 11 with 12 on this year's recommendations, which are 24 and 25. So, the Cherry-Linder intersection and the Fairview-Locust Grove intersection show that there was a need. Now, it's not level of service F, but certainly when you look at some the other projects it's more congested than level of service A, like is at Amity-Eagle. I will also note Projects 14, 15, 16, 17 and 18 all moved down. That was last year's one, two, three, five, and eight projects and the reason they are moving down is ACHD's constructing them. The last three, Ten Mile, Victory to Locust Grove, Victory, and Black Cat, Cherry, are all temporary intersections and in the first two, Ten Mile, Ustick and Pine, Linder, all this year as ultimate intersections. So, that's good. Five of our top ten are being addressed this next fiscal year. So, they move down on our priority list, because they are being constructed, so --and, then I'll also note and request something else -- a potential intersection came up after August 4th, I was made aware of a little bit of an issue with -- we have been working with ACHD on trying to get -- as do the Pine-Linder intersection to also do an upgraded crossing of the railroad tracks. They contacted ITD, this wasn't able to happen with that project, so, essentially, your -- that southern leg of the intersection will still have a stop controlled -- you have to stop at the railroad, even though -- or even northbound, you would have to stop, come to a signalized intersection. So, we are hoping to get an automated arm or an improvement there of the railroad crossing, so you wouldn't have a stop controlled right next to a signal. Just didn't work out. So, I thought maybe it would be appropriate for the Council to add that intersection -- it's not an arterial-arterial intersection, as are the other ones on the list, but to put that on the list and if you do think that's a good project to put on this list, to maybe give it a priority or order -- I'm not quite sure where that should fit -- I would recommend that we add it to the list. Certainly there is a need there. I think once that project -- it's unfortunate it can't happen with the project. We were moving down that road, but the funding scope changes, budget things I mentioned previously to ACHD, it just didn't align, so -- Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Yeah. That's one there is a need. There is definitely a need for that, so -- I would like to see it added to the list. Rountree: And it didn't qualify for state rail safety crossing? Hood: We contacted -- Rountree: It's not high enough on the list, probably, because there hasn't been an accident or a death. Meridian City Council Workshop September 13, 2011 Page 38 of 52 Hood: Right. But I did contact -- I'm forgetting his name now. At ITD. Because they were looking -- they were doing a call for projects, too, for crossings. We talked to them about split corridor and this crossing here and Pine-Linder. I want to say Wayne, but that's not it. Anyways -- yeah. It just -- it didn't qualify for the funds. They were --this is somewhat hearsay, but ITD was a little bit less willing to give the money for --through that program, because ACHD --they thought ACHD probably should have thought about that with their intersection project. So, they -- I'm paraphrasing and that's kind of how it went down was they were like, well, that's like your project, you should -- you should pay for it, then, because it your project is really causing this need kind of thing, so -- and Ihaven't -- I don't know all the details there, but that's some of the push back, at least that I have heard from ITD on why that wasn't able to be funded through that program. So, do we have an appropriate location -- I didn't make a recommendation on where it should go. I mean top ten I would think, maybe. But Idon't -- I don't know what -- what you all think, so -- Rountree: Well, let's -- in my opinion it's a high priority, because it's -- again, it's one of those accidents looking for a place to happen with the school traffic there and increased rail crossings, I think their volume's picking up. It's too bad they couldn't have relocated the flashing lights that were on Ten Mile to that location or to Black Cat. I'm sure the equipment is still operable. But that's a -- that's a piece that needs total reconstruction just because the approaches are so out of whack, out of alignment. Hood: Schwindamin is his name. I just remembered. Sorry. Rountree: It can't be all bad, then. Hood: So, five, six -- I need a number. I don't know what --sorry. I mean they are all high priorities, I'm not quite sure -- Rountree: Isn't Chinden and McDermott going to be a state project anyway? Hood: Yes. With 16. Rountree: So, I would think it could easily go into the ten slot. Hood: And, then, my final point on -- on this whole roadways and intersections is -- and what feeds into the system are project narratives. Last year was the first year where the CICAC adopted a new scoring and ranking process where cities can get up to 30 points out of a 200 point system to bump up a project. If there is economic development. If this is other infrastructure. You got sewer and water going in, or whatever the case may be, you can make a case, basically, for why you should get these bonus points. They don't want you writing a letter for every single project on their list. A handful. So, last year we submitted five and this year I propose to submit for three of -- of those same five. Split corridor is one. Ten Mile, Ustick to McMillan, was the other. And Linder Road overpass was a third out of those five. Black Cat-Cherry and Locust Grove- Meridian City Council Workshop September 13, 2011 Page 39 of 52 Victory are constructed in -- in this next year -- or will be constructed, hopefully, this next year and so those -- I wouldn't write narratives for. But are there any other projects that you would like staff to submit narratives for and I listed three in the packet, but up to a couple more, if you wanted to. Maybe the Pine railroad intersection would be another candidate that I didn't list in the packet. But if there are any others that you would like me to apply for to potentially get these bonus points, quite honestly, I mean I think the most we saw any project jump after it was CIC ranked it was two spots and there is 157 projects. So, it's not going to make or break your project, typically, but it does help. They are points nonetheless, so -- De Weerd: Well -- and I think the narrative helps, Caleb, in just building that understanding, so that whether they move forward they don't fall backwards. It's just part of that communicating the importance and some of the reasoning. So, I think it's -- it helps dramatically. Rountree: Madam Mayor, if Caleb's looking for something to request the bonus points for, I would say the project we just talked about with Pine-Linder makes good sense if you're going to be down there doing that intersection, that you're mobilized and got a construction crew there and you're going to have the road torn up and traffic diverted, get in there, get it done, and don't come back for another 20, 30 years. And it's expensive, I know, but it's -- it's an add on to that project that isn't outrageous. Hood: If I may -- I don't want to set expectations, though. That project is set for this next year 2012 and my understanding is -- Rountree: They don't want bonuses added to those? Hood: Well, the problem that I understand is that you have to use the railroad contractors for that work and they are out two to three years. So, even if you had the funds, you have to hire their contractors to do the work in their right of way. So, there is --essentially, I've heard it's impossible to get them to come out -- even if we wrote them a check it's impossible to get them to come out there to do that project this next year, because you have to use -- I don't know how many contractors they have, but you have to pick their contractor to do the work to make the crossing happen itself. So, again, I don't get into that level that much, but I have heard from others that that's really the issue here, they have got to come back anyways and do that, just because they are -- again, what I have heard, two to three to four years out. De Weerd: Wow Hood: So -- Rountree: But the roadway work could be done. Hood: Yeah. Meridian City Council Workshop September 13, 2011 Page 40 of 52 Rountree: There is some significant grading that needs to be done to make that work -- those approaches work. Hood: Uh-huh. So, I have got one -- I have got a slot for a -- they said a handful, so we can do five, if there is another one. If not, we can go forward with our solid projects and I can write narratives for those. Bird: Go with the four. Hood: Okay. And, then, I would like an official motion, if you don't mind, on those priority lists. Oh, I'm sorry, I didn't talk about ITD's --and this one should be pretty quick. It's, essentially, the same five priorities, on page 12 of the packet, as last year and that's what Iwould -- I would propose that the Mayor sign a letter to send over to COMPASS and the ITD board on our priority projects this year. I guess one thing to point out there, the TTF did discuss potentially calling out specific intersections along Chinden. We just have widen 20-26. Well, that's a big bite to take. So, they thought maybe -- it doesn't have to be this year, but maybe breaking out specific projects within that as priorities may be appropriate for maybe next year and if you felt to do that this year, we could certainly amend it at this point, too. So, I did -- we did have a good discussion that way. We didn't get to the point of saying this intersection is more important than that one and, then, you could widen this stretch, but I didn't want to call that out and -- and with that, Madam Mayor -- De Weerd: I think every one of those five are big projects. Hood: Oh, yeah. Hoaglun: Madam Mayor and Caleb, aren't some of those going to be development driven as well? I mean we could make a recommendation, but if development is going in here and there is requirements for that to be widened, I mean it's kind of -- Hood: Madam Mayor, Councilman Hoaglun, the best that we can do, taking 20-26 or even Linder Road overpass, is we can require right of way preservation. The actual construction of any of those improvements, no, we can't require exact or get any of them. Some of the Eagle Road corridor improvements we do require some landscaping, lighting, those types of things, but --but not really. Hoaglun: Okay. Thanks. Rountree: Madam Mayor. On 20-26 we could suggest that they develop a phasing plan off of the corridor study that supposedly they are finishing or is finished and waiting for approval and indicate our preference that they start at Eagle Road and move west and -- with the new intersection improvement that they are doing now at -- it's Linder; correct? De Weerd: Uh-huh. Meridian City Council Workshop September 13, 2011 Page 41 of 52 Rountree: The first phase be from Linder to Eagle, not only as right of way preservation, but doing the preliminary engineering so they can widen that. The only way we are going to get it done is in small increments and that's --that's not a small increment for their budget, but it's a doable project and it goes from logical termini from a completed intersection to a completed intersection. Hood: If there is concurrence on that, I think I'll write the letter, then, for the Mayor to sign that will highlight both the Meridian Road interchange and request that they come up with a phasing plan, Eagle Road to the west and, then, probably stay pretty silent on the other ones. They are still on our priority list, but really do some highlighting of those top two projects anyways in requesting those, if everyone is okay with that. Okay. De Weerd: Caleb, while we are on the transportation lists and -- what are the next steps that are happening on Eagle Road with the median project? Hood: Madam Mayor, I have not heard anything for six weeks or so. I know a letter was sent. I have not heard any response back. I think ITD is still moving forward with their pavement rehab project, which includes center medians on Eagle Road. I do not believe that they are studying any further the actual design of those medians. I don't know if Robert has seen the letter back from them or not, but I have not heard anything back from them that they are looking specifically at any of the downstream or upstream impacts that their project may have. So, they are, as far as I know, still on schedule for construction this next year, so -- De Weerd: And -- because it seems like I talked to a small business owner at Meridian Business Day that had mentioned some kind of a public hearing on Eagle Road corridor and I hadn't seen nor heard about that. Hood: Yeah. There was one late spring up on -- at the church there, the Nazarene church I believe it is, up on -- between Ustick -- or north of Ustick. But I -- yeah, I think they are done pretty much with their public involvement process and -- so that's news to me. I haven't heard anything. De Weerd: Okay. Okay. Anything else from Council? Thank you. I know this is a mammoth thing to stay on top of and certainly your diligence to -- and your detail to keep us informed and give the appropriate feedback to our transportation partners is greatly appreciated. Hood: Well, thank you for your time. I know sometimes I get a little wordy and I appreciate your patience and -- if you don't mind, could I -- can I get an official endorsement just in case this ever comes back that -- with the action -- or some action anyways. De Weerd: And, actually, I think that is necessary by COMPASS on a transportation list and priorities, so that we can get it to them as well. Meridian City Council Workshop September 13, 2011 Page 42 of 52 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the transportation list of priorities that have been presented and discussed here this afternoon. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hood: Thank you. K. Police Department: Mutual Aid Agreement with Elmore County Sheriff s Office for Law Enforcement Services at Gunfighter Skies 2011 Air Show on September 17 and 18, 2011 De Weerd: Thank you. 6-K is our Police Department and discussion on the mutual aid agreement with Elmore county. Hello. Basterrechea: Hello. Madam Mayor, Members of the Council, we are just asking for you to endorse a mutual aid agreement with Elmore county for our police department to assist them at the Gun Fighter Skies air show. We have done this every year for -- since as long as I have been here and we just basically -- we help them with traffic control issues and things like that and we are just formalizing that agreement now. De Weerd: Okay. Thank you. Council, any questions? Bird: I have none. Rountree: No. De Weerd: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council Workshop September 13, 2011 Page 43 of 52 Hoaglun: 1 move we approve the mutual aid agreement with Elmore County Sheriff's Office for law enforcement services with the Meridian Police Department at the Gun Fighter Skies 2011 air show on September 17th and 18th, 2011. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Everything has been cleared through legal? Basterrechea: Legal. Yes. De Weerd: Okay. Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Tracy. Basterrechea: Thank you. L. Clerks Office: Discussion on Official City Seal De Weerd: Okay. Next item is under our Clerk's Department. Holman: Madam Mayor, Members of the Council, this will be very very brief. Well, I guess depending on how long your discussion might be. I assured Mr. Friedman that I had as many options as Caleb had on his first for a city seal, so -- what you see in front you is just a copy of what our official city seal is currently. I believe it was adopted in 1952, according to our code. We were looking at getting some new seals printed up or created in the clerk's office, because they are getting kind of old and worn down and it's actually, in our city code and so I talked to Madam Mayor about possibly updating our city seal to make it more consistent with our city logo, these entryway signs, all of the different things that our city has moved to now, kind of with the swoosh and the star and -- but since this is actually in our city code it needs to be approved by Council whether -- Iguess I'm looking for direction on whether you would like to change it and, if so, I have two options for changing the city seal. So, it also says in the city code that the city clerk is the official holder of the city seal and it is -- I like to remind Luke Cavener that it's my power. That's the only little bit of power that I have. He's not allowed to touch it. So, anyhow, this is the seal right now that we have. We came up with a couple of different options. This one's the first option and it looked a little busy to me. I tried to keep a lot of the stuff on it that we had, kind of like the seal that's out in the plaza and the coins that we did when we moved into the new City Hall. It had the established in 1893 and the incorporated in 1903. I didn't -- that's the first option if we want to keep both of Meridian City Council Workshop September 13, 2011 Page 44 of 52 those things on the seal. The second option looks a little cleaner, a little nicer. This is what gets stamped every time I attest the Mayor's signature I emboss one of those gold seals that goes on a proclamation or anything else we might hand out. So, I'm just looking for direction, seeing if you're open to this idea of updating our seal or just would like to stay with the old original seal from the 1950s. De Weerd: Any comments from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba: Zaremba: I like the idea of upgrading it to begin with and thank you for exploring that. The option two is probably my favorite. I would ask one question. The original one that we are currently using has the word seal in the middle of it and I believe that's pretty common on most seals that that word may need to be there. And, then, also while we are looking at the original one, I like the pie crust border. That's pretty common on seals as well to make it stand out on a page as an official seal. So, I would like some version of option two, but stick in the word seal and change the border to the pie crust thing. Personal opinion. But I like the idea of upgrading it. Ithink that's a great idea. Holman: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would go along wholeheartedly with Councilman Zaremba. Ithink it's time we do change. But Ithink -- I don't know if it's -- you legally have to put seal in it and I definitely like the pie crust edge. Ithink it looks better. Holman: Madam Mayor and Councilmen Zaremba and Bird, it is actually listed in our city code that this represents our official corporate seal, so I would probably have to do a little bit of research regarding corporate seals, because there is not a lot of definition in the actual city code. So, I don't know if Mr. Nary knows anything about this, but I can definitely look into it further and we could add that. Hoaglun: Madam Mayor? Jaycee, can you flip to that option two again, please. Holman: So, Madam Mayor, Councilman Bird, my question would be if you wanted to add the word seal or if we need to have that on there as our official corporate seal, where would it make sense to put it in the upgraded design? Bird: That's what I was just looking at. I don't know Meridian City Council Workshop September 13, 2011 Page 45 of 52 Holman: Well, we could -- it's my thought, pardon me, would be possibly putting official seal of City of Meridian, incorporating it into possibly some of that wording as an option. Bird: That could be worked out on the top there. And I'm trying to remember if private corporations, if -- I think ours had -- always said seal on it, but I'm not sure. Hoaglun: Yeah. Madam Mayor, what I was thinking is if you needed the word seal you could put it either top or bottom. Probably bottom right in the middle there that it just says seal. So, it's City of Meridian Idaho seal. That makes sense logically to go that way and -- and it looks pretty clean. I like option two personally. It's a nice clean look to it. Holman: Okay. Bird: Pie. Hoaglun: Pie -- it's okay. I don't mind De Weerd: I think the verbiage kind of helps delineate it and so it -- the pie is not necessarily -- it's making me hungry. But, yeah, I don't know if the pie is necessary with the lettering, but -- Hoaglun: Madam Mayor and Jaycee, that's a question I have is -- is that also for embossed seals? That's why it's a -- Holman: Madam Mayor, Councilman Hoaglun, yes, I have two different ways that I seal things. The embossed -- the embossing seal, which I use anytime we use the gold seals for anything and, then, just the stamps that myself and the deputy city clerk use when we attest the Mayor's signature. Hoaglun: Yeah. I -- I'd probably prefer the full circle, as opposed to pie, but that's just my preference. I can live with either. It's not --Charlie gets to be the tie breaking vote on that. De Weerd: I think he will make the tie. Hoaglun: Oh, that's right, he will. Rountree: I'm not particularly -- either way. Whatever makes Jaycee happy that is fine with me. Holman: Madam Mayor, Members of the Council, if I could just add my thoughts. This is big right here, but when it gets smaller the actual official size of this seal that I'm putting on documents, I think it might be a little bit confusing to have the hashmarks all the way around the outside with all these little tiny letters. I don't know how clear it Meridian City Council Workshop September 13, 2011 Page 46 of 52 would be on a smaller stamp. I could certainly -- there would be some costs to having them make up two of them and -- Nary: Madam Mayor? Holman: -- what it looks like. Bird: Madam Mayor? Nary: Oh. Go ahead. De Weerd: Mr. Bird. Bird: I have -- I have no problem with doing like the pie, but it's -- whatever you like and detract from the words. I'm for that. whatever. I'm like Councilman Rountree. I as you shrink it down it might -- it might De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I have just been looking at the Idaho Code while you have been discussing it and as you can imagine there is nothing in the code specifically about what the seals are supposed to look like. They have a common theme and you have to remember, of course, most of these corporate seals existed when there was only an embossed seals and my belief is -- and we will certainly do the research before we get a final one for you, but the word seal was to make sure it was recognized that was the purpose of that stamp. Secondarily, my belief is that that pie edge around that was to make sure you had an edge to this -- to this seal, so that you would know what it was. Otherwise, you would have floating -- you know, you would have floating words on a page. Rarely anymore do official documents have an embossed seal because it doesn't photocopy and it doesn't -- it doesn't -- it doesn't go through micro filming or anything very easily. They ended up having to ink them -- you probably recall that. They would ink those so that you could actually see them. Now most corporate seals of any sort are done in a stamp, so it has an edge to it anyway. So, I don't believe that other than because of the uniformity of the look it's required that there be that type of scalloped sort of edge to it or anything. So, I will verify that with the code. I have not seen anything in the code that has any specifics for cities or corporate seals in general as what's required, but my guess is the seal was just to make sure that it was clear that was the purpose of that stamp and that it had some authority for it. So, having the word seal or official seal probably may be appropriate. The edging probably is not. So, as long as it's clear there is an edge to that -- to the seal itself it's probably clear enough as to what the purpose is. But we will verify that before we get a final one in front of you. De Weerd: Okay. Any other comments? Rountree: Go for it. Meridian City Council Workshop September 13, 2011 Page 47 of 52 De Weerd: So, in summary, it's just to add the official seal of above the city of; is that correct? Holman: Madam Mayor, putting it at the top, not the bottom? Just center it in the top there? If everyone is fine with that, then, what I will do is have them come up with one more kind of prototype and would you like me to bring this back before you for an official vote in a future meeting? Zaremba: Madam Mayor? Actually, I was visualizing it below, the word seal. Hoaglun: As was I. Zaremba: I think the space is better. Hoaglun: Now if you need official seal, then, you could split the words. Official City of Meridian Idaho -- De Weerd: Oh, no. Hoaglun: -- seal, see, and it all flows again. Bird: That is a good idea. Hoaglun: You know. Official City of Meridian Idaho seal. Holman: Let me start my presentation over. Hoaglun: Don't want us involved in design work. Holman: With that direction -- De Weerd: I think you can work with it, see what works visually and has balance and -- Holman: Thank you. De Weerd: And I guess you do need to bring it back, because you do need an official vote. Bird: Yeah. M. Legal Department: Taxicab Mobile Sales Unit Ordinance De Weerd: Okay. Item 6-M under our Legal Department. I will turn this over to Mr. Nary. Meridian City Council Workshop September 13, 2011 Page 48 of 52 Nary: Thank you, Madam Mayor, Members of the Council. I was reviewing the minutes from our meeting in August. We had a discussion about the taxi cab project that we had been working on at the Council's direction. What the purpose of that was we had had some inquiries about taxi cab licensing in the city and we were discussing whether or not that would be something we wished to do. We had an internal committee that discussed the licensing of taxi cabs and we ended up, basically, with three issues on the table, besides just the overall issue of do we wish to do that. The purpose initially from the Council was to address an issue that we had become aware of in other cities where taxi cabs or other types of dispatch services were being operated in a neighborhood environment or a residential environment and we were concerned about the impact on neighborhoods by not regulating or clarifying in our zoning codes what is allowed in a residential area. So, that piece has been taken care of. Our UDC has been amended. Those types of operations are not allowed in residential zones, so that portion of the concern I think has been addressed. The other is there was a concern been raised as to whether or not regulation would be appropriate in regard to both safety of passengers, as well as safety of the general public in regards to the vehicles themselves. So, the internal committee looked at a variety of different issues and we have a current setup in our clerk's office in licensing mobile vendors. This is like the ice cream truck or other types of mobile vendors that travel from door to door or travel about our streets in vehicles and whether that would be a method that we could use to base this on and we looked at other cities, both Boise, as well as Nampa and Caldwell, Kuna, and some other local jurisdictions and what the committee ended up coming up with was a draft ordinance that would, basically, create a taxi cab license. It would be separate from mobile vendors, but it's a similar scheme. But the things that --they didn't have finally on and we are seeking direction was if we went this route there is a couple things that we needed clarity on. One was inspections of vehicles. We don't currently have a method in which to inspect vehicles, so we don't have a means in the city to do that. We would have to either contract for that service or authorize that type of service and require that inspections be done on some schedule, whether it's once a year, whether it's four times a year, depending on whatever the Council's preference is. The other concerns were the backgrounds of the drivers. So, we would have to have a background check done on every driver to get a city license and, then, lastly, was the rate. The committee's recommendation was simply that if we were going to do this that the requirement would be that they post the rate, so that the -- the consumer would know what rates were prior to accepting the ride. We didn't feel the necessity to regulate the rates by meters and verifying meters or creating zones or creating flat rates and things like that. Again, creating a lot more bureaucracy than what exits today. So, we met with a couple of different company owners to discuss these potentials and got a lot of feedback from both of them as to what would work or doesn't work for their business model and the -- I guess the ultimate concern we have, too, and -- is currently today the size of our city, this would be a significant impact to our Clerk's Office or any -- whether it's the police or the Clerk's Office that would regulate this activity, this would be a significant addition. There is a number of cabs, both companies with a number of drivers or independent cab drivers that may be required to acquire a license to operate. Currently we don't regulate any of it. So, the -- a driver that may or may not be licensed here or anywhere can operate a cab for hire in our city. We haven't had a number of Meridian City Council Workshop September 13, 2011 Page 49 of 52 complaints of that type. We haven't had any issues from police or the clerks receiving complaints of this type. My guess is is that if we were to regulate this activity we would, then, become the repository of these concerns or complaints from the general public or other companies and so we'd have to address that, too. So, we are looking at the potential of an impact to our staff and being able to administer this type of program and so I think the direction you -- we had at the last meeting was to contact Valley Regional Transit, because one of the problems in trying to address these types of issues is that the logical way that this is addressed in other places that Idaho doesn't have a set up for is it's managed by an authority, an authority that has a broader scope of authority than just a city or even at the county level. Idaho doesn't grant counties the authority to regulate this type of activity within the confines of the city, so that's not an avenue without a legislative change. The only authority that has transportation power is Valley Regional Transit. And so I contacted the director of Valley Regional Transit and asked them if they had considered or would consider taking on this responsibility and what she indicated to me was they had evaluated taxi cab service and they had done that, basically, as an enhancement to existing service and her belief is that, essentially, with a transit system that taxi cabs can be a good enhancement to that, because you're going to have either fixed routes or a semi-fixed route for these transits, whether it's rail or buses or whatever and, then, taxi cabs fill the void to get people from the fixed system there to their destinations, because you're not going to necessarily have transit that's going to be curb to curb or door to door for everyone. As all of you know from working with Valley Regional Transit, they don't have that yet. So, for them to, then, take on this -- because they recognize the same issue, that in the state of Idaho we don't have any regional or transportation or, essentially, sub government authority to create these types of oversight, it's, then, left again to the cities and it didn't make sense she said for Valley Regional Transit, one, without a transit system in place to, then, take on the additional responsibility of regulating this type of activity and, then, secondarily, without a change in the structure of the state code it didn't make a lot of sense to try to regulate it from Valley Regional when every individual city could adopt their own requirements and so now they are at odds with different cities trying to regulate an activity. So, it -- basically at this point her direction to me was not at this time --made much sense for Valley Regional. Certainly at their board level they could have this discussion and to see whether or not there is a window of opportunity or time where this would make sense, but right now it just isn't really on their radar screen. There is a lot of other higher priorities of their regional transit that they are trying to address and this is just not one of them. And so I didn't contact the city of Boise subsequently, because didn't feel that if -- certainly if Valley Regional didn't want to take this on, the city of Boise doesn't have any reason to change the way their system works, because it appears to be working adequately for them. So, I think we are kind of -- now with the -- a decision point of how much more do you want us to -- to go further with this project. I mean we have a bare bones of an ordinance for you to look at. Again, we have some -- some gaps that we want some direction on, if that's the direction you'd like us to go. I don't know if Deputy Chief Basterrechea has any additional information from police. We have had police as part of our -- our task force, as well as the clerk's office and if I have missed anything or haven't summarized it adequately, certainly they can -- they can participate, but I think we have taken this as far internally as we think we can and Meridian City Council Workshop September 13, 2011 Page 50 of 52 without, again, additional direction and desire of the Council that that's where you would like to go, so -- De Weerd: Thank you. Council, any questions? Comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to express a personal opinion, I'm satisfied that the changes that we made to Unified Development Code cover the major issues that I was concerned about. From having experienced taxi authorities in a lot of other cities that I have worked in, they really do need to be more regional than just a one city kind of thing and I think some day it's going to be appropriate for the Treasure Valley, but I don't see Meridian needing to lead -- well, okay, Boise has led it for themselves. I don't see Meridian needing to do it for ourselves. So, I -- my personal opinion would be to thank the committee for all the work they have put into it and to say stop, we are satisfied with the changes to the UDC. Rountree: Is that a motion? Zaremba: If there is other opinions I'd make that into a motion. Hoaglun: Madam Mayor, Ijust -- I just had one question, Bill, and how does the city of Boise do inspections? Do they contract that out or -- I was just kind of curious. Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, what they do is they require one inspection a year be done by their mechanics. They have their own mechanic shop that maintains their vehicles and so one a year is required by them and the other -- I believe it's three additional ones a year, so quarterly they have to do it. The other ones are provided by the vendors that they, basically, authorize to do that inspectors for them. Hoaglun: Thank you. Bird: Is that -- Madam Mayor? If that's a motion I second it. Zaremba: If that's satisfactory as a motion that we thank the committee and say go no further, that would be the motion. Bird: I second. De Weerd: Okay. Well, any comments? Rountree: I have none. Meridian City Council Workshop September 13, 2011 Page 51 of 52 De Weerd: Okay. I think this is a voice vote or --all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Future Meeting Topics De Weerd: Okay. Any items for future meeting topics? Zaremba: Madam Mayor, not really a discussion, but I like to know ahead of time if we are going to have Executive Sessions and I would suggest that we probably will have a pre-Council Executive Session next week. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, that pre-Council may be fairly lengthy, so potentially it will be at 5:30, not at 6:00. I know another reason -- I know you like to have some advance notice of that, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If it's going to be lengthy I'd just as soon start at 5:00, if Brad can make it at 5:00. Hoaglun: Yeah. I -- Bird: I mean we got a -- he 's got a real job that we need to worry about. Hoaglun: Yeah. Madam Mayor -- thank you, Councilman Bird, but, yes, if we need to start at 5:00 I'm able to do that. Bird: I'd sooner instead of pushing us up to the -- De Weerd: Okay. Anything further? I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council Workshop September 13, 2011 Page 52 of 52 MEETING ADJOURNED AT 5:23 P.M. AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _~~ ~„~.r. ~. ~. ~~ ~w.~ ______ _____ ______ MAYOR T De VIIEERD DATE APPROVED '`l~~~t6~ye(~~p `r ~ ~~ ~y~, . ~`y ~~, s ATTEST. .;~; JAYCEE . HOLI~AN YCLE ~`~ .~ .~ ~a ~. `~' " Y~~ r k ~ mvs ~ 4X .r M. ... ,~ r ~ ~.a x, "°~ ~~1 bra., ~,l, ,ti r ~~, X1.1„. t~r.• f 9~~a. Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: Approve Minutes of June 28, 2011 City Council Special Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 4B PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 5, 2011 City Council Special Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 4C PROJECT NUMBER: ITEM TITLE: Rescind Lighting Contract Award to Alloway Electric in the Amount of $29,016.94 and Deem as Non -Responsive for 8th Street Lighting Project and Award Contract to Second Lowest Bidder, Power Plus for a Not -to -Exceed Amount of $39,116.50 MEETING NOTES movd _/0 W, �y At 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 13, 2011 ITEM NUMBER: 4D PROJECT NUMBER: ITEM TITLE: Agreement for Independent Contractor Services with Titan Technologies for the W. 8th Street Sewer Rehabilitation Project for a Not -To - Exceed Amount of $242,573.10 That is Budgeted Over Fiscal Years 2011 & 2012 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS --r sign E IDIANt-6--, Public IL D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: September 8, 2011 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH TITAN TECHNOLOGIES FOR THE W 8th STREET SEWER REHABILITATION PROJECT FOR A NOT -TO -EXCEED AMOUNT OF $242,573.10 THAT IS BUDGETED OVER FISCAL YEARS 2011 & 2012 I. RECOMMENDED ACTION A. Move to: 1. Approve the Agreement for Independent Contractor Services with Titan Technologies for the W 8th Street Sewer Line Rehabilitation Project for a total not -to -exceed amount of $242,573.10 that is budgeted over fiscal years 2011 & 2012. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works Page I of 3 489-0364 489-0341 489-0350 489-0372 W 8" STREET SEWER REHABILITATION PROJECT III. DESCRIPTION A. Background The City has an initiative to redevelop and convert the downtown area to multi- story, mixed used development. The 2009 Sewer Study identified the 8th Street Trunk Main from Broadway Avenue to W. Willowbrook Drive as one of the major collector lines to be rehabilitated as it is in poor condition. Future capacity issues, caused by downsizing this pipe, will be handled by the diversion of sewer to a pipe being installed with the Split Corridor Phase II Project. B. Proposed Project This proposed project consists of the rehabilitation of approximately one half (1/2) mile of the sewer line aligned parallel to NW 8th Street between Cherry Lane and Willowbrook Drive. Sliplining technology has been chosen as the method of rehabilitation which consists of pulling a smaller polyvinylchloride (PVC) line through the existing sewer main. All existing sewer manholes along the line will be rehabilitated or replaced as part of this project. C. Contractor Selection Titan Technologies was the lowest bidder has a valid Public Works Contracting License and is qualified to complete the required work. IV. IMPACT A. Service/DeliverImpact: The sewer mains to be°replaced with this project are high on the Wastewater Division's priority list for replacement due to high maintenance cost and infiltration into the collection system. Replacement will ultimately reduce the flow to the Wastewater Treatment Plant resulting in reduced cost of operation for the Public Works Department and its ratepayers. B Fiscal Impact This project will be financed using the just in time model. The construction will be completed in both Fiscal Year 2011 and 2012. In fiscal year 2011, $165,000 of work will be completed leaving $77,573.10 to be completed in Fiscal Year 2012. Project Costs Base Bid Amount....................................................................................$51,115.00 Bid Alternate#1....................................................................................$169,406.00 Total Bid Amount.................................................................................$220,521.00 Contingency @ 10%............................................................................... $22,052.10 Total Amount Requested......................................................................$242,573.10 Project Funding Sewer Line Replacements Budget (3590-95000) FY 2011 ..................$165,000.00 Sewer Line Replacements Budget (3590-95000) FY 2012 .................... $77,573.10 Total Funding Requested......................................................................$242,573.10 Page 2 of 3 W 8" STREET SEWER REHABILITATION PROJECT V ALTERNATIVES A. The City could defer the replacement of the sewer line. A camera inspection of the sewer line identified multiple problems within these sections of pipe. Deferring the project would allow the identified problems to worsen over time, decrease the efficiency of the sewer conveyance system and could also result in an increase in cost should the sewer lines fail and require emergency repair. B. The City could utilize another pipe replacement method such as excavation and replacement of the existing piping. This alternative would require the asphalt and subsurface to be excavated and replaced upon completion of the new pipe installation. Open trench construction methods would be more costly and take more time to complete. VI. LIST OF ATTACHMENTS 2. E Agreement for Independent Contractor Services Purchase Order Requisition Design Engineer's Construction Cost Estimate Bid Comparison Approved for Council Agenda: Page 3 of 3 C7411t ate AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (W 8TH STREET SEWER REHABILITATION PROJECT) PROJECT # 10229 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 13th day of September, 2011, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Titan Technoloaies, Inc, hereinafter referred to as "CONTRACTOR", whose business address is 3790 S. Suntree PI, Boise, ID 83706 and whose Public Works Contractor License # is C -15853 -AA -4. INTRODUCTION Whereas, the City has a need for services involving W. 8'h Street Sewer Rehabilitation Project; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a W 9th Street Sewer Rehabilitation Project page 1 of 13 Project PW -11-10229 royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to_ The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $220,521.00 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, W 8th Street Sewer Rehabilitation Project page 2 of 13 Project PW -11-10229 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 2.4 FUNDING: This project is planned to cross fiscal years. A portion of the work valued at $165,000.00 is being funded in this fiscal year and may be completed and expensed by September 30, 2011. No more than $165,000.00 may be completed prior to September 30, 2011. An invoice for all work completed through September 30, 2011 must be received by the City no later than October 15th. The remainder of the work shall be completed in FYI beginning October 1, 2011. 3. Term: 3.1 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.2 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.3 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 75 (seventy-five) calendar days to complete the work as described herein_ Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 It, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination W 8th Street Sewer Rehabilitation Project page 3 of 13 Project PW -11-10229 and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY - 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. W 8th Street Sewer Rehabilitation Project page 4 of 13 Project PW -11-10229 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. W 8th Street Sewer Rehabilitation Project page 5 of 13 Project PW -11-10229 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Titan Technologies, Inc Attn: Cliff Cox 3790 S. Suntree PI. Boise, ID 83706 208-573-2128 c1cox2211 Omsn.com Idaho Public Works License #: C -15853 -AA -4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. W 8th Street Sewer Rehabilitation Project page 6 of 13 Project PW -11-10229 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under , this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement_ This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect W 8th Street Sewer Rehabilitation Project page 7 of 13 Project PW -11-10229 to all matters covered by this Agreement_ CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country_ The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above_ 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. W 8th Street Sewer Rehabilitation Project page 8 of 13 Project PW -11-10229 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 21 Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. W 8th Street Sewer Rehabilitation Project page 9 of 13 Project PW -11-10229 CITY OF MERIDIAN BY:i��//Lii�� �� 7 •, MAYOR Dated. s Approved by City Council:, JAYCEE CITY Approved as to Content TITAN TECHNOLOGIES, INC JK Y: IFF COX Dated: taatmber' L. r 2011 1371 -AL O a CCdJ T l BY: ZBY: KEITFPXAV, P C SING MANAGER NAME: 0A22f3_n) S-i-CI,JA12"r Dated: / 6;' — 1 TITLE: ENC-')AUF2;NC_vvA.AY D Approved as to Form CITY ATTORNEY W 8th Street Sewer Rehabilitation Project Project PW -11-10229 Dated: page 10 of 13 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -11-10229 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -11-10229 are by this reference made a part hereof. W 8th Street Sewer Rehabilitation Project page 11 of 13 Project PW -11-10229 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $220,521.00. W 8th Street Sewer Rehabilitation Project page 12 of 13 Project PW -11-10229 PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the W 8TH STREET SEWER REHABILITATION PROJECT per IFB PW -11-10229 Total Bid Schedule ...................$220,521.00 CONTRACT TOTAL ....................... $220.521.00 ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY. � { t Item No. Item Description Unit Unit Price TYPE P SURFACE RESTORATION - FOR OPEN CUT 307.4.1.G.1. CONSTRUCTION SY $28.50 3" CLASS III AC PAVEMENT PLANT MIX PAVEMENT- FOR OPEN CUT CONSTRUCTION 810.4.1.A.3 EACH ADDITIONAL 1" LIFT OF CLASS III AC SY $7.50 PAVEMENT REQUIRED TO MATCH EXISTING PAVEMENT THICKNESS SP -A TEMPORARY ASPHALT PAVING SY $14.50 501A.1.B.1 GRAVITY SEWER PIPE SIZE 18" PVC LF $130.00 (includes excavation, bedding, backfill, etc.) 502.4.1.A.1 NEW SANITARY SEWER MANHOLE -48'DIAMETER EA $3,300.00 1001.4.1.A.1 EROSION AND SEDIMENT CONTROL LS $2,500.00 W 8th Street Sewer Rehabilitation Project page 12 of 13 Project PW -11-10229 1103.4.1.A.1 CONSTRUCTION TRAFFIC CONTROL LS $5,500.00 2010.4.1.A.1 MOBILIZATION LS $15,500.00 508.4.1.6.1 SLIPLINE 16" SDR 21 HDPE PIPE INTO 18" PIPE LF $57.00 SP -1 SANITARY SEWER MANHOLE REHABILITATION - BENCH RECONSTRUCTION EA $850.00 SP -2 SANITARY SEWER MANHOLE REHABILITATION - SPRAY LINING VF $242.00 SP -3 SANITARY SEWER MANHOLE REHABILITATION - INFILTRATION CORRECTION EA $850.00 508.4.4.D.4 RECONNECT SEWER SERVICE EA $450.00 504.4.1.B.1 SEWER SERVICE LINE, SIZE 4" LF $40.00 508.4.1.C.1 GROUTING ANNULAR SPACE LS $15,000M 307.4.1.G.1. TYPE P SURFACE RESTORATION - REQUIRED FOR INSERTION PITS AND IN ADDITION TO BASE BID LS $8,500.00 Travel expenses (if listed above) will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. 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In J to Q W (n in Q Q NZ Kfn U' } FZ d o `�i (7 Q ¢ m ¢a¢ ` m 0mO q (7 c _ v _ a _ v? o N �7 a, .: v v 12 v N vi o °' ? y'n tail a of vZ E m m m N N M v N W n W Z N O m Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Agreement with TW Telecom Holdings, Inc. (TWTC) for Telecommunication and Related Services for a Not -to -Exceed Amount of $1,965.75 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 IS ✓ ���q�Y o�1 1-o cop. tb "1—iJ peX PL au V telecom - Contract No. 226265 Customer Information and Contract Specifications Customer Name: City of Meridian Service Order This Service Order is entered into by tw telecom holdings Inc. on behalf of itself and its wholly owned operating subsidiaries (collectively "TWTC") and City of Meridian ("Customer"). It is effective upon execution by both Parties ("Effective Date"). Service Address Description Order Term City Unit MRC Unit NRC Total MRC Total NRC Type (Months) 1401 E Walertower ST, Voice TI Flat ISDN Renewal 36 1 $320.00 $0.00 $320.00 $0.00 Meridian, ID 83642-3513 - Includes 5000 LD Minutes - Flexcall (total). Domestic LD - Interstate 8xx $0.020 - Interstate 1+ $0.020 - Intrastate Bxx $0.040 - Intrastate 1+ $0.030 Individual Telephone Numbers 211 NIA N/A $31.65 $0.00 - First 100 ITNs: Priced as 100 @ 0.15 mrc / $0.35 me - ITNs over 100: Priced as 111 @ 0.15 mrc / $0.35 me Automatic Reroute 1 $40.00 $0.00 $40.00 $0.00 Local Loop 1 $165.94 $0.00 $165.94 $0.00 Subtotal $667.69 $0.00 3 E Broadway AVE, Voice T1 Flat ISDN Renewal 36 1 $320.00 $0.00 $320.00 $0.00 Meridian, ID 83642-2619 - Includes 5000 LD Minutes - lexcall (total). Domestic LD - Interstate 8xx $0.020 - Interstate 1+ $0.020 - Intrastate Bxx $0.040 - Intrastate 1+ $0.030 Individual Telephone Numbers 321 N/A N/A $48.15 $0.00 - First 100 ITNs: Priced as 100 @ 0.15 mrc / $0.35 me - ITNs over 100: Priced as 221 @ 0.15 mrc / $0.35 me Automatic Reroute 1 $40.00 $0.00 $40.00 $0.00 Subtotal $408.15 $0.00 3 E Broadway AVE, Internet Access - Ethernet 100Mbps Renewal 36 1 $825.00 $0.00 $825.00 $0.00 eridian, ID 83642-2619 30 Mbps - Location approved for service level 24x7x4 - Primary DNS (up to 10) Version 1.1 Rev. 5-12-11 tw, telecom - Confidential Page 1 of 4 Contract No. 126165 - Secondary DNS (up to 50) $175.00 $0.00 $175.00 $1,000.00 Additional charges may be assessed if Customer causes a delay in installation or if wiring is required between the service address and the network demarcation point. Contract Provisions The Services ordered herein are governed by this Service Order and the tw telecom Standard Terms and Conditions executed by Customer, as referenced above. Voice Services Federal Subscriber Line Charges ("FSLC") will be assessed for VersiPak voice when not part of a VersiPak Bundle (ISDN PRIs, Digital and Analog Trunks, and Business Line) as well as for Complete Lines and Business Line/Analog Trunk Services. FSLC rates are posted to the TWTC web site at www.twtelecom.com which may be modified from time to time. Customer may not use the Services to provide voice content related services including, without limitation, chat lines. If Customer breaches this provision, TWTC may immediately terminate or suspend the Services and collect applicable early termination charges. Customer shall notify TWTC immediately if it breaches this provision. Customer shall indemnify, defend and hold TWTC harmless from all claims, demands, costs, damages, losses, liabilities and expenses of any nature arising from Customer's breach of this provision, including any costs and attorneys' fees incurred by TWTC. Customer shall not use the voice Services as a substitute for carrier interconnection or switched access services and must immediately notify TWTC if it does so. If Customer uses the voice Services to support prepaid calling card calls, such use is subject to the requirements outlined in FCC Order 06-79 (June 30, 2006). Customer shall remit all intrastate or interstate access charges directly to the appropriate carrier. TWTC may disconnect Services if Customer violates this provision and fails to cure the violation within ten days following written notice from TWTC. Customer must indemnify, defend and hold TWTC harmless from all claims, demands, damages and expenses arising from or related to Customer's breach of this provision, including all costs and attorneys' fees incurred by TWTC. TWTC does not support resale of switched services to end users including, but not limited to, support for E911 addressing, local number portability, calling name delivery, end user billing, and directory listings unless special arrangements are agreed to in writing by TWTC. Voice Services provided herein are not designed for but may be compatible with remote metering, supervisory control and alarm signaling. To the extent Customer uses the voice Services to facilitate remote metering, supervisory control and alarm signaling purposes, Customer is solely responsible for ensuring compatibility. Voice Services - Access to Emergency Services Voice Services are configured to transmit only the Customer's Billing Telephone Number ("BTN") and the physical service address for the BTN to emergency response organizations (911/E911 or Public Safety Answering Point "PSAP"). Calls to 911 that originate on Intercity Switched Service ("ISS") and Local Reach Service will be completely blocked. Calls to 911 that originate on Expanded Exchange Service ("EES"), or from locations other than the Customer's physical service address associated with the BTN, will not be directed to a PSAP capable of responding to the emergency condition. TWTC cannot identify, control or track the location of individual end-user stations, or Customer's method of connecting end-user stations. TWTC is not responsible for providing end user location information to the E911 system. If Customer uses any form of private switch/automatic location identification ("PS/ALI") capability to identify individual stations from which E911 calls originate, Customer must first arrange in writing with TWTC to obtain a special E911 feature or emergency authorities will be unable to identify individual station locations. TWTC has no liability or responsibility whatsoever for inaccuracies in the 911 database associated with Customer -provided information, and TWTC is not responsible for Customer's inability to access emergency services, except to the extent caused by TWTC's gross negligence or willful misconduct. ITN's Special Provisions Version 1.1 Rev. 5-12-11 tw telecom — Confidential Page 2 of 4 Contract No. 126165 �YY telecomm Each ITN requested by Customer hereunder, either at the time of this Service Order or thereafter, will be charged at the applicable TWTC current tariff rate or posted price lists. Toll Free Numbers (8xx) Special Provisions Each Toll Free Number requested by Customer, either at the time of this Service Order or thereafter, will be charged at the applicable TWTC current tariff rate or posted price lists. Long Distance By subscribing to Long Distance Services(s)including use of minutes incorporated into bundled or integrated packages, Customer acknowledges that it has selected TWTC as its IntraLATA and InterLATA Long Distance Toll Provider. Minimum initial per call charge is $.01 (one cent), which will be applied to all long distance calls If 40% or more of Customer's long distance traffic results in TWTC incurring inter -carrier compensation costs that are at least 20% higher than Customer's contracted long distance rate, the Parties agrees to enter into good faith negotiations to increase the rate for long distance Services. If the Parties are not able to reach agreement regarding a new long distance rate, TWTC may discontinue providing the long distance Services following ten days written notice without further obligation. For information regarding international toll blocking and international/offshore pricing for TWTC long distance Services (including Alaska, Hawaii, Puerto Rico, US Virgin Islands and Guam), please refer to TWTC Interstate and International Terms and Conditions/Price List documents available at www.tMelecom.com. Internet Usage: Customer shall not transmit or store material in violation of any Federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation or infringement of trademark or copyright. Customer agrees to adhere to TWTC's IP policy at http://www.twtelecom.com/cust center/ip addressing policv.html and Acceptable Use Policy ("AUP") at http://www.twtelecom.com/cust center/acceptable use policy.html, which may be modified from time to time. Equipment Recovery Upon termination of a Service for any reason, TWTC or its representative will contact Customer to schedule a mutually acceptable time and date for TWTC's retrieval of TWTC Equipment located on Customer's premises. Alternatively, TWTC may request that Customer package TWTC's Equipment and return it, at TWTC's cost, to a location identified by TWTC. If Customer does not provide TWTC with access to its premises to allow TWTC to recover the TWTC Equipment within thirty (30) days following TWTC's contact, or if Customer does not ship the TWTC Equipment back to TWTC within the thirty (30) days, then TWTC may charge Customer for the replacement cost of the TWTC Equipment. Version 1.1 Rev. 5-12-11 tw telecom— Confidential Page 3 of 4 Contract No. 126165 Signature Block �-w telecom - ,6 --W) tw telecom holdings Inc. Customer: City of Meridian Si nature: Si nature: Name: Tab Roper / Name: terra Title: tw telecoln General manager Title: Date: 91-7111 Date: — 1 Sales Person: Jeff Cammann Customer and the individual signing above represent that such individual has the authority to bind Customer to this Agreement. Version 1.1 Rev. 5-12-11 tw telecom - Confidential Page 4 of 4 �w telecom - Contract No. 126165 Standard Terms and Conditions These Standard Terms and Conditions ("Agreement") are entered into by tw telecom holdings Inc., a Delaware corporation, on behalf of itself and its wholly owned and state certified operating subsidiaries, (collectively "TWTC") and City of Meridian, a Idaho Governmental Entity ("Customer") and are effective upon execution by both Parties. Customer and TWTC may be referred to individually as a "Party" or collectively as the "Parties". TWTC is responsible for the performance of its operating subsidiaries under this Agreement. 1. Service Orders: Customer may submit service orders to TWTC to purchase telecommunication and related services under this Agreement ("Service Orders"). The Service Orders describe the telecommunication and related services that are available for purchase ("Services"). Service Orders executed by the Parties together with this Agreement form the final written agreement between the Parties, and can only be amended or modified in a written document executed by both Parties. Services are subject to availability, and TWTC has the right not to accept a Service Order submitted by Customer. If a Service Order has been accepted by TWTC, it will provide Services for the term set forth in the Service Order and renewal periods ("Service Term"). Upon expiration of a Service Term for a particular Service, the Service Term will automatically renew for successive 12 Month terms unless terminated by either Party upon written notice provided in accordance with Section 20 below at least thirty days prior to expiration of the then existing Service Term. 2. Term of Standard Terms and Conditions: The term of these Standard Terms and Conditions will commence upon signature by both Parties and will continue to govern Service Orders entered into by the Parties unless and until the Agreement is terminated in accordance with Sections 12 or 13 herein, or is otherwise superseded by a subsequent written agreement between the Parties. 3. Cancellation, Modification or Expedition of Orders: "Cancellation", "Modification" and "Expedite Charges" referenced hereunder are posted to the TWTC Website (www.twtelecom.com) and are subject to modification by TWTC effective upon posting to the TWTC Website. (a) Cancellation. Customer may cancel a Service Order if the request is received in writing by TWTC prior to the planned installation date, and TWTC shall have the right to assess a Cancellation Charge. If the request to cancel is received after installation has begun, Customer must pay full termination liability as set forth in Section 14 below. (b) Modification. Customer may request in writing the modification of any Service Order(s). Such request shall result in a Modification Charge. If TWTC receives a written modification request for delay of installation less than 3 days prior to the planned installation date, Customer must pay, in addition to the Modification Charge, the monthly recurring charge ("MRC") applicable to the delayed Service for the shorter of one billing month or the period from the original due date to the requested installation date. TWTC reserves the right to limit the number of requests to delay the planned installation date. (c) Expedite. Customer may request an expedited installation date. If TWTC accepts the expedited installation date, Customer must pay an Expedite Charge. (d) Third Party Charges. In addition to the charges set forth in (a), (b) and (c) above, TWiC may bill Customer for third party charges it incurs in order to complete Customer's request to cancel, modify, or expedite the Service Order. 4. TWTC Network, Access and Interconnection: (a) Responsibilities. TWTC will own and control the telecommunications equipment, cable and facilities installed and operated by TWTC for provision of the Services to Customer ("TWTC Network"). The TWTC Network will remain TWTC's personal property regardless of where located or attached. TWTC has the right to upgrade, replace or remove the TWTC Network in whole or in part, regardless of where located, so long as the Services continue to perform. TWTC has the right to limit the manner in which any portion of the TWTC Network is used to protect its technical integrity. Customer may not alter, move or disconnect any parts of the TWTC Network and is responsible for any damage to, or loss of, the TWTC Network caused by Customer's (or its end users') breach of this provision, negligence or willful misconduct. TWTC has no obligation to install, maintain or repair any equipment owned or provided by Customer, unless otherwise agreed to in a Version 1.2 Rev. 5-31-11 tw telecom — Confidential Page 1 of 7 Contract No. 126165 �Jtelecom- writing executed by the Parties. If Customer's equipment is incompatible with the Service, Customer is responsible for any special interface equipment or facilities necessary to achieve compatibility. (b) Access. Customer must provide TWTC with access to its premises to install and maintain Services and TWTC's Network. Customer must provide, at its expense, the following (collectively "Premise Requirements"): (i) appropriate space, power and environmental conditioning; and (ii) reasonable access rights and/or rights of way from third parties, as may be required for the installation and maintenance of the TWTC Network at and into Customer's premises. Customer must pay a Modification Charge if Customer does not provide the Premise Requirements prior to the scheduled installation date., In addition to the Modification Charge, TWTC may charge Customer for the reasonable time and materials incurred and documented by TWTC that are incurred because of Customer's failure to timely provide the Premise Requirements plus any third party charges assessed against TWTC. Customer must provide TWTC with a contact and/or help desk number that can be reached 24 hours per day/7 days per week. (c) Demarcation Point and Inside Wiring. TWTC shall be responsible for provisioning Service up to the Demarcation Point and Customer is responsible for providing and maintaining any necessary wiring and facilities on Customer's side of the Demarcation Point. "Demarcation Point" means the TWTC-designated physical interface between TWTC's Network and Customer's equipment, which point shall be either (i) in the case of a Service terminating at a TWTC owned or controlled premises, TWTC's designated distribution panel or network interface device located within such TWTC premises or (it) in the case of a Service terminating at Customer's premises, the distribution panel or network interface device located at the common telecommunications ("telco") demarcation at the Customer or end-user premises (e.g., entry point for telco facilities, telco closet or common telco room). If requested by Customer, TWTC may install, co-ordinate or otherwise arrange for installing or obtaining from third parties, facilities on Customer's side of the Demarcation Point ("Inside Wiring"). Customer agrees to pay Time and Materials rates posted at www.twtelecom.com for any Inside Wiring performed by TWTC personnel and agrees that TWTC may bill Customer for any third party charges it incurs to provide such Inside Wiring. (d) Letter of Authorization / Carrier Facility Assignment. If Customer intends to connect the Services to facilities that neither it nor TWTC owns, it must provide TWTC with and maintain (for the Service Term) a current letter of authorization and carrier facility assignment, as applicable. S. Installation and Maintenance: (a) Installation. TWTC will notify Customer when the Service has been successfully installed and is available for Customer's use ("Service Date"). Unless Customer notifies TWTC by the close of business on the Service Date that the Service is not operational, the Service Term will commence. If Customer so notifies TWTC, the Service Date will not occur and the Service Term will not commence until the Service is operating properly. The Service Date will not be delayed or postponed due to problems with Customer's equipment or Customer's lack of readiness to accept or use Service. (b) Maintenance: (i) Scheduled Maintenance. TWTC will monitor TWTC's Network 24 hours per day, 7 days per week. Scheduled Maintenance will be performed between the hours of midnight and 6:00 a.m. (local time where the maintenance is being performed) unless another time is agreed to by the Parties for the particular circumstance. TWTC will endeavor to provide Customer with at least five business days notice before performing Scheduled Maintenance unless a shorter notice period is required under the circumstances. (ii) Emergency Maintenance. If TWTC has to perform maintenance outside of the Scheduled Maintenance window set forth in Section 5(b)(i) above, then TWTC will provide as much prior notice to Customer as is practicable under the circumstances. 6. Charges, Billing, Taxes and Payment: Version 1.2 Rev. 5-31-11 tw telecom — Confidential Page 2 of 7 Lw telecom - Contract No. 126165 (a) Services are billed on a monthly basis commencing with the Service Date. Services are invoiced in advance, but usage charges are invoiced in arrears. Any installation or other non-recurring charges, which are non-refundable, will appear on the first monthly invoice. (b) TWTC may require a deposit prior to the provision of any new Service. TWTC also may require a deposit as a condition to its obligation to continue to provide Services) if Customer has failed to timely pay for Service(s) on two occasions during any six month period. (c) TWTC will invoice Customer for applicable Taxes (defined below) and, whenever possible, will identify such charges as a separate line item on the invoice. Customer will be liable for Taxes which were assessed by or paid to an appropriate taxing authority within the applicable statute of limitations period. If Customer fails to pay any Taxes properly billed, then as between TWTC and Customer, Customer will be solely responsible for payment of the Taxes, and penalty and interest. "Tax" or "Taxes" mean any federal, state or local excise, gross receipts, value added, sales, use or other similar tax, fee, tax -like fee or surcharge of whatever nature and however designated, imposed, or sought to be imposed, on or with respect to purchases by Customer from TWTC for consideration under this Agreement or for TWTC's use of public streets or rights of way, which TWTC is required or permitted by law or a tariff to collect from Customer; provided, however, that the term "Tax" will not include any tax on TWTC's corporate existence, status, income, corporate property or payroll taxes. If either Party is audited by a taxing or other governmental authority, the other Party agrees to cooperate reasonably by responding to the audit inquiries in a proper, complete and timely manner. TWTC will cooperate, at Customer's expense, with reasonable requests of Customer in connection with any Tax contest or refund claim. The Customer will ensure that no lien is attached to or allowed to remain on any asset of TWTC as a result of any Tax contest. Customer will indemnify and hold TWTC harmless against any liabilities, damages, losses, costs or expenses arising out of such Tax proceedings, including without limitation any additional Taxes, interest, penalties and attorney's fees. If Customer claims an exemption for any Taxes, Customer must provide TWTC with a proper tax exemption certificate as authorized by the appropriate taxing authority. Customer must pay the applicable Taxes to TWTC until it provides TWTC with a valid tax exemption certificate. If applicable law exempts a Service under this Agreement from a Tax, but does not also provide an exemption procedure, then TWTC will not collect such Tax if Customer provides TWTC with a letter signed by one of its officers: (i) claiming a right to the exemption; (ii) identifying the applicable law that allows such exemption and does not require an exemption certificate; and (iii) agreeing to indemnify and hold TWTC harmless from any tax, interest, penalties, loss, cost or expense asserted against TWTC as a result of its not collecting the Taxes from Customer. (d) Payment for all undisputed amounts due under this Agreement must be received by TWTC on or before the due date specified on the bill ("Due Date"). Any payment or portion thereof not received by the Due Date is subject to a late charge on the unpaid amount at the lesser of 1.5% per month or the maximum rate permitted by law. 7. Disputes: If Customer disputes any charges, it must log the dispute by completing and submitting a dispute form via TWTC's dispute website located at: http://customers.twtelecom.com/disputes/, or by contacting TWTC's dispute telephone line at 1-800-829-0420. All disputes must be submitted to TWTC in the manner specified above within 120 calendar days of the date of the invoice associated with the disputed charges, or the invoice shall be deemed correct and all rights to dispute such charges are waived. Withheld disputed amounts determined in favor of TWTC must be paid by Customer within five (5) business days following written, electronic or telephonic notice of the resolution, and will bear interest at the lesser of 1.5% per month or the maximum rate allowed by law from the Due Date until the date paid. B. Service Levels / Service Outage Credits: (a) Service Level Agreement ("SLA"). The SLAB provided by TWTC are set forth at http://www.twtelecom.com/cust center/supoort.html. The SLAs identify the applicable performance metrics and Service Outage credit tables. If a specific SLA is not identified on the website for a particular Service, then credits for Service Outages exceeding thirty (30) minutes will be calculated on a pro rata basis, i.e. credits will be calculated by multiplying the duration of the Service Outage by the applicable MRC, divided by the monthly period. Version 1.2 Rev. 5-31-11 tw telecom — Confidential Page 3 of 7 Contract No. 126165 Jtelecom- (b) Service Outage Definition. A "Service Outage" is defined as either: (a) material non-compliance with a specific performance metric in a service level agreement and such non-compliance is caused by TWTC's Network; or (b) a complete loss of transmission or reception capability for a Service caused by TWTC's Network. (c) Reporting and Tracking of Service Outages. If there is a Service Outage, Customer must contact TWTC's Customer Network Reliability Center ("CNRC") at 800-829-0420 and TWTC will open a trouble ticket and provide Customer with a trouble ticket number for tracking purposes. (d) Duration of Service Outage and Application of Credits. For the purpose of calculating applicable credits, a Service Outage begins when Customer reports the Service Outage to TWTC's CNRC, and ends when the Service is restored. Service Outages do not include outages and failures caused by the equipment, acts or omissions of Customer, third parties, Force Majeure events, or outages occurring during scheduled or emergency maintenance. The duration of a Service Outage does not include any time during which TWTC is not allowed access to the premises necessary to restore the Service. Credits for Service Outages are only issued if requested by Customer, and such requests must be submitted to TWTC within 120 days from the date Service is restored. (e) Chronic Trouble Services. If two Service Outages have occurred on a particular Service during a 30 -day period, and a third Service Outage occurs within thirty days following the second Service Outage, Customer may terminate the applicable Service without early termination liability provided that Customer supplies TWTC with a written termination notice no later than thirty days following the third Service Outage. (f) Remedies. Notwithstanding anything to the contrary in this Agreement, the remedies set forth in the service level agreement and in Sections 8(a) and 8(e) of this Agreement constitute Customer's sole and exclusive remedy for Service Outages. (g) Service Outages Not Caused by TWTC's Network. If TWTC responds to a service call initiated by Customer, and TWTC reasonably determines that the cause of the problem is: (i) not due to TWTC's Network; or (ii) on Customer's side of the Demarcation Point, Customer must compensate TWTC for the service call at TWTC's then prevailing Time and Materials rates posted at www.twtelecom.com. 9. Governmental Regulation - Changes: (a) This Agreement is subject to all applicable federal, state and local laws, rules and regulations, and each Party must comply with them in performing its obligations hereunder. To the extent any provision herein conflicts with any applicable law, rule or regulation, such law, rule or regulation will supersede the conflicting provision. (b) TWTC may discontinue or impose additional requirements to the provision of Service, upon 15 days written notice, if necessary to meet regulatory requirements or if such requirements have a material, adverse impact on the economic feasibility of TWTC providing the Service. Customer is not responsible for the termination liability set forth in Section 14 below if TWTC discontinues the Service under this subsection. 10. Indemnification: Each Party ("Indemnitor") shall indemnify, defend and hold harmless the other Party ("Indemnitee") from all losses or damages arising from or related to bodily injury or physical damage to tangible property caused by the negligence or willful misconduct of Indemnitor. Customer shall indemnify, defend and hold TWTC harmless from all losses or damages arising from Customer's violation of third party intellectual property rights, all claims of any kind by Customer's end users, or any act or omission of Customer associated with any Service. 11. Limitation of Liability: Except for the Parties' respective obligations set forth in Section 14 herein, neither Party is liable to the other for indirect, consequential, special, incidental, or punitive damages of any kind or nature whatsoever (including without limitation lost profits, lost revenues, lost savings, lost opportunity or harm to business), whether or not foreseeable, whether or not the Party had or should have had any knowledge, actual or constructive, that such damages might be incurred, and regardless of the form of action, nature of the claim asserted or the frustration of either Party's purpose. Indirect damages include, but are not limited to, damages of the kinds specified in the preceding sentence that are incurred by a third party and are asserted against a Party (including attorneys' fees and expenses). TWTC's liability to Version 1.2 Rev. 5-31-11 tw telecom — Confidential Page 4 of 7 Contract No. 126165 Jtelecom- Customer for direct damages may not exceed one month's calculation of the applicable MRCS regardless of the form of action, nature of the claim asserted or the frustration of either Party's purpose. TWTC has no liability for the content of information that Customer passes through TWTC's Network, Customer's transmission errors, or any failure to establish connections outside of the TWTC Network. 12. Termination by TWTC: (a) Termination With Notice. TWTC may disconnect all Service(s) associated with a delinquent account upon ten (10) days written notice for Customer's failure to pay amounts due under this Agreement which remain uncured at the end of the notice period; or upon thirty (30) days written notice for: (i) Customer's breach of a non -economic, material provision of this Agreement or any law, rule or regulation governing the Services which remains uncured at the end of the notice period; (ii) Customer's insolvency, bankruptcy, assignment for benefit of creditors, appointment of trustee or receiver; and/or (iii) any governmental prohibition or required alteration of the Services. (b) Termination Without Notice. TWTC may terminate or suspend Services without notice if: (i) necessary to protect TWTC's Network; (ii) TWTC has reasonable evidence of Customer's illegal, improper or unauthorized use of Services; or (iii) required by legal or regulatory authority. (c) Post Termination. Any termination or disconnection shall not relieve Customer of any liability incurred prior to such termination or disconnection, or for payment of unaffected Services. TWTC retains the right to pursue all available legal remedies if it terminates this Agreement or disconnects Service(s) in accordance with this Section. All terms and conditions of this Agreement shall continue to apply to any Services not so terminated, regardless of the termination of this Agreement. If TWTC terminates Service in accordance with this section, and Customer wants to restore such Service, Customer first must pay all past due charges, a reconnection charge and a deposit equal to 2 months' recurring charges. All requests for disconnection will be processed by TWTC in 30 days or less. Customer must pay for Services until such disconnection actually occurs. 13. Termination by Customer: Customer may terminate this Agreement and/or any Service Order hereunder upon thirty (30) days prior written notice, without incurring termination liability, for TWTC's (i) breach of any material provision of this Agreement, or any law, rule or regulation that affects Customer's use of Service(s), which remains uncured at the end of the notice period and/or (ii) insolvency, bankruptcy, assignment for the benefit of creditors, appointment of trustee or receiver or similar event. 14. Termination Liability: If TWTC terminates this Agreement or any Service Order(s) pursuant to Section 12 above (other than subsections a(iii) and/or b(iii)), or if Customer terminates this Agreement or any Service Order(s) for any reason other than pursuant to Section 13 above, all MRCs associated with the terminated Service(s) for the balance of the applicable Service Term shall become immediately due and payable. 15. Assignment: Neither Party may assign this Agreement without the prior written consent of the other Party, not to be unreasonably conditioned, withheld or delayed, except that: (1) TWTC may assign its rights and/or obligations hereunder (a) to its parent, affiliates or subsidiaries, (b) pursuant to any merger, acquisition, reorganization, sale or transfer of all or substantially all its assets, or (c) for purposes of financing; and (2) Customer may assign its rights and/or obligations hereunder (a) to its parent, affiliates or subsidiaries, or (b) pursuant to any merger, acquisition, reorganization, sale or transfer of all or substantially all its assets, provided that any assignment by Customer pursuant to this exception is subject to the following conditions: (i) the proposed assignee satisfies TWTC's credit and deposit standards; (ii) Customer has fully paid for all Services through the date of assignment; and (iii) the proposed assignee agrees in writing to be bound by all provisions of this Agreement. 16. Entire Agreement: This Agreement, together with the Service Order(s) and applicable tariffs set forth the entire agreement with respect to the subject matter hereof, and supersede all prior agreements, promises, representations, and negotiations between the Parties. If there is a conflict, the Service Order shall prevail over this Agreement and any applicable tariff shall prevail over both. Modifications, amendments, supplements to or waivers of this Agreement must be in writing and executed by both Parties. Version 1.2 Rev. 5-31-11 tw telecom — Confidential Page 5 of 7 Jtelecom- Contract No. 126165 17. Force Majeure: Either Party shall be excused from performance if inability to perform is due to a cause or causes beyond such Party's reasonable control, including without limitation, acts of God, fire, explosion, vandalism, acts of terrorism, cable cuts caused by a third party, adverse weather conditions, labor strikes and governmental action ("Force Majeure"). If such inability to perform continues for sixty days or longer, the other Party may terminate the affected Services. Customer's invocation of this clause does not relieve Customer of its obligation to pay for Services actually received. 18. Governing Law - Litigation: The interpretation of the rights and duties of the Parties and any claim, controversy or dispute arising under or related to this Agreement shall be governed by and subject to the laws of the State of Idaho excluding its principles of conflicts of law. If litigation is commenced to enforce this Agreement, the prevailing Party is entitled to reimbursement of its costs and attorneys' fees from the other Party. 19. Headings: Headings herein are for convenience only and are not intended to have substantive significance in interpreting this Agreement. 20. Notices; Any notice required under this Agreement must be in writing and be delivered to the receiving Party at the addresses listed below (i) in person, (ii) by certified mail with return receipt requested, or (iii) by overnight courier. A notice is deemed given (i) when delivered, if personally delivered, (ii) at the time indicated on the return receipt, if delivered by certified mail, or (iii) at the time the party or its representative executes the delivery receipt, if delivered via courier. TWTC must provide such notice to Customer's billing address, and Customer must provide such notice to TWTC at 10475 Park Meadows Drive, Littleton CO 80124, Attn: Deputy General Counsel, except that if Customer is disconnecting Services for any reason, it must deliver notice to TWTC either by facsimile to 303-803-9638 or by email to "CustomerCareatwtelecom.com". Notice by facsimile or email is deemed given when delivered. 21. No Waiver: Either Party's failure to enforce any provision or term of this Agreement shall not be construed as a future or continuing waiver of such provision or term of this Agreement. 22. Public Releases, Use of Name: Neither Party may issue a news release, public announcement, advertisement or other form of publicity regarding this Agreement nor the Services provided hereunder without the prior written consent of the other Party. Customer may not use TWTC's name, logo or service mark without TWTC's prior written consent. TWTC may use Customer's name and logo in materials presented to analysts and investors. 23. Representations and Warranties: Each Party represents and warrants that it, and the person signing on its behalf, is fully authorized to enter into this Agreement. TWTC represents and warrants that the Services will be performed by qualified and trained personnel. TWTC does not guarantee, represent or warrant that the Service(s) will be without interruption. TWTC MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, AND DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR OR ORDINARY PURPOSE. 24. Severability: If any provision hereunder is declared or held invalid, illegal or unenforceable, this Agreement will be revised only to the extent necessary to make such provision(s) legal and enforceable, or if impossible, the unaffected portions of this Agreement shall remain in full force and effect so long as the Agreement remains consistent with the Parties' original intent. 25. Survival: The terms and conditions of this Agreement will survive the expiration or termination of this Agreement to the extent necessary for their enforcement and for the realization of the benefit thereof by the Party in whose favor they operate. 26. Relationship of Parties; No Third Party Beneficiaries: The Parties are independent contractors, and nothing herein creates or implies an agency, joint venture or partnership relationship between the Parties. This Agreement shall bind and inure to the benefit of TWTC, Customer, and permitted successors and assigns. The Parties do not intend to create any rights for the benefit of any third parties. 27. Confidentiality: Each Party may disclose confidential information to the other Party in connection with this Agreement. Confidential information includes this Agreement, Service Orders, Service Level Agreements, all pricing Version 1.2 Rev. 5-31-11 tw telecom — Confidential Page 6 of 7 bw telecom_ Contract No. 126165 information and any other information that is marked confidential or bears a marking of like import, or that the Party disclosing such information states is confidential and then confirms such confidentiality in writing within ten (10) days ("Confidential Information"). Confidential Information may only be used in connection with performance under this Agreement. Confidential Information may not be disclosed except to those employees or affiliates of the receiving Party who have a need to know, or to consultants or subcontractors of the .receiving Party who agree to be bound by this Section. Confidential Information does not include information that is generally available to the public through no wrongful act of the receiving Party or is independently developed by the receiving Party. Upon termination or expiration of this Agreement, the receiving Party will return the Confidential Information or destroy it. The obligations of this provision will survive for five years after the termination or expiration of this Agreement. Signature Block tw telecom holdings Inc. Customer: City of Meridian Si nature: Signature: Name: Tab Roper Name: Title: tw Wecop General manager Title: Date: Date: - 3 Sales Person: Jeff Cammann Customer and the individual signing above represent that such individual has the authority to bind Customer to this Agreement. Version 1.2 Rev. 5-31-11 tw telecom— Confidential Page 7 of 7 Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with HR Related, LLC. for Human Resources Consulting and Training 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 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 13 O0 day of! j g� /� , 2011, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and HR RELATED, LLC hereinafter referred to as "HR RELATED, LLC', 2047 S. Doe Creek Way, Boise Idaho 83709. 1. Scope of Services: HR RELATED, LLC shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2012 unless earlier terminated or extended. 3. Indemnification and Insurance: HR RELATED, LLC, shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by HR RELATED, LLC, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. HR RELATED, LLC will provide services to the CITY and shall be liable for all acts of their employees while upon the premises of the CITY. The CITY will further indemnify HR RELATED, LLC, for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the services received from HR RELATED, LLC. 4. Independent Contractor: In all matters pertaining to this agreement, HR RELATED, LLC shall be acting as an independent contractor, and neither HR RELATED, LLC nor any officer, employee or agent of HR RELATED, LLC will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: HR RELATED, LLC shall be compensated for Human Resources Consulting pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement HR RELATED, LLC may deal exclusively with: Human Resources Director City of Meridian 33 E. Broadway Meridian, ID 83642 Agreement — Human Resources Consulting — HR Related LLC — page 1 of 5 6. Method of Payment: HR RELATED, LLC will be paid at the rate as specified in the Scope of Services as referenced in Article 1 above. HR RELATED, LLC shall be responsible to provide an accounting of services provided. HR RELATED, LLC will be paid within thirty days (30) of providing the City with an invoice. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 HR RELATED, LLC 2047 S. Doe Creek Way Boise, Idaho 83709 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that HR RELATED, LLC shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, HR RELATED, LLC shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. Agreement — Human Resources Consulting — HR Related LLC — page 2 of 5 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of HR RELATED, LLC'S records with respect to all matters covered by this Agreement. HR RELATED, LLC shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, HR RELATED, LLC shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of HR RELATED, LLC' S compensation, which are mutually agreed upon by and between the CITY and HR RELATED, LLC, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, HR RELATED, LLC, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to HR RELATED, LLC of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. HR RELATED, LLC may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by HR RELATED, LLC under this Agreement shall, at the option of the CITY, become its property, and HR RELATED, LLC shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, HR RELATED, LLC shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by HR RELATED, LLC, and the CITY may withhold any payments to Agreement — Human Resources Consulting — HR Related LLC — page 3 of 5 HR RELATED, LLC for the purposes of set-off until such time as the exact amount of damages due the CITY from HR RELATED, LLC is determined. This provision shall survive the termination of this agreement and shall not relieve HR RELATED, LLC of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. HR RELATED, LLC A�' -� 9 wii y: ohn Walhof CITY OF MERIDIAN Weerd, Mayor Attest: s'AI.;.'a'r cee H an, City Clerk = t Agreement — Human Resources Consulting — HR Related LLC — page 4 of 5 STATE OF IDAHO, ) ss: County of Ada, On this I `_i^ day of � le vwinv , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared T �. �ltla (t o� known or identified to me to be the ?(-f Si (i e ._A of HR RELATED, LLC and whose name is subscribed to the within instrument, and acknowledged to me that she executed the same for HR RELATED, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEA) Q STATE OF IDAHO, ) ss: County of Ada, Ak(< " a�" 2fL ,-. Notary Public for Idaho Residing at: ?:xC: S, --Q i My Commission Expires: 3 — --2 On this 13 day of Set>}e m b5Z , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee Holman, known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) �J:i%ys•.• ,p"• Q1 ' : o;w* • •S`: IOP- ** R Residing at: t t> My Commission Expires: ,Ia n �j I aot �I Agreement — Human Resources Consulting — HR Related LLC — page 5 of 5 Scope of Services HR Related, LLC Identified services support City's focus on organizational excellence/execution 4• Review and recommend purchase of pre -developed curriculum for Career/Employee Development Training Program 6• Develop City-wide Employee Training o Development of City Wide employee training program content o Ensure consistency and integration with City values, current training, and overall efforts and curriculum o Support, follow up, and review of City Wide training programs o Customize purchased curriculum to include City Values •8 Delivery of developed curriculum for the employee training programs •S Provide ongoing support on utilization of employee training programs ee General Counseling regarding the following HR functions: o Confidential HR discussions o Training/Development plans and presentations o Internal investigations and resources o Interview design, questions, and recommendations o Employee expectations and corrective action plans ••• Team Enhancement o Small team enhancement sessions for departments/divisions to improve teamwork, collaboration, and alignment One -on -One coaching o Executive Coaching o Management Development o Coaching given reality issues Retainer $2000 per month Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 4G PROJECT NUMBER: ITEM TITLE: License Agreement Between the City of Meridian and the Nampa & Meridian Irrigation District on the Eight Mile Lateral at the Lakeview Golf Course for Landscape Improvements MEETING NOTES fiprT" Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0r�C�\1A\ {ro �o�� C���jljorLS 40 AOA COUNTY RECORDER Christopher D. dish AMOUNT .DO DEPUTY AL 8 ea1�11 09:01 AM RECORDED —REQUEST OF Nampa Meridian Irrigation Dist 111073182 s jCEtii E. AQKEhofEi`f' �1 i LICENSEAGREE1\4ENT. made and entered int:) thi;; day of , �, by and between NtlMPA tt: MERIDIAN IRRIGATIOIN DISTRICT, an irritration district t-jroanized and exist* Z, under and by virtue of the lawi of the Sukite of ldnho, party of the first party, h ereijv�tt'ter refurred to as die "Dis-irict." and THE CITY OF tMERIDIAN, a political stjhdivision ►ind tntinicipalley of the it:-ite of 'h- aho (hereinafter "City ). Darty or parties of the second part, hereinafter referred to ni the"Licensee.." WIT I ESS EILL. WHEREAS, the parties hereto entered Into ,.i Mr,.tster Pathway AtUreement For Developing grid Maintaining Pathways for public use ntong and across some of if -to District's ditcl]cy 1-111d tN-i-tilin sconle of the District's easements Neill lee title lands dated December 19; 2000, recort:Ic d as Instrument No. li"30102t199, 10�records of Ada County. Idaho. hereinafter tetcrred tc) ai file "Muster 1'.ithwtty 1�areenZe:�t:'' and, WHEREAS., the District and the City intended by entering the Master Pathway kgreement to accomplish tlje i:ollo«ing in a mariner that is consistent with their respective Ief�-ti �lEld fldt]ciFli'y responsibilities; to enhance the City's pai lmay pIanning thout.-tll early consultalion between- the City itnd the District: to est-ihlish a process fior the City's submisl;ion ofP-atlti`dav requests 4and tile- District' i considurtttion oil such requests; and to provide the general conditions for the District's approval and authorization of patimir�y requests af #ding the Disiric;t's ditcli s, property. operations and ntaintenfince; and; WHERE -AS, the Disirict grades to Licensee the ri(,rl*lt develop paihl vays if) encroach «rithin the District's easeniencs altOn and <jeross the District's iliac hers canals and r:,,s� nients therefor upon the terms and conditions of'said Muster I'ttttiway Aarreemerit and after'the exec;utioh Of a licetise agreement for each proposed crossitlg and encroaclinient; and, "IH =RE S, the Licensee is the owtier ol. the recti property ease hent 1 right of way (hurdened with tile easenientohdteDistrictlie reinafternteniioned)parliuularlydescribed inthe"LecralDe-cription"'attac:lied 01-� hereto its Exhibit A and lj\r this retc-renc:e mado a part hereof; and, 1814BREAS; the .District controls the irrigation di€cI� or canal knownA as TEN MILE DIL (hereinafter coikxti ely re -(erred t* a-.; ::ultch or canal") toeetler with the real -propertv and/or eirisernents to cnnyey Irrig:}ti(jn wauer, it) openue and ti-lia -nain the ditclt or canal, and which crosses and intenwets mid des-crribed real property of the Licensee as shown on Exhibit B att,:ched hereto and by thk reference a part hereof; :.md, /-O� •{r ;-TERE S, tl��: i=,icer=.sic: d�e, —4 a iic-m'-;e to ;zerir�rm construction to pave �t j,rli,x,�Ev within Ale Dial is . s easC�(�� .rte '13e !: � fll:: t:1t inffe--r rle tee m: -;nd condiiinrs 0-t s -1 -lid f1f aq-elth"Y•.1 A ,iercin-pit'ter svi forth . i�`C3W: THEREFORE: k r anti in c onsider:: titan of the prem isei land of the covenants, a greements and conditiMIS herr' in��fwr set forth ancj 1110se set forth in said 1�+'lasler P;atllwa Agreemv-nt, tits; )arties hl reto carve its rollo�;-s: I 1. Licensee may pe --corm construction invoivinUr the Paving of the path -way on the. west side of the Ten i1►1'ile Drain, within the District's easement for said dr.---iin, located t�'.itllfrl the S ?i-iii� Ct)ve Condominiums South Cast of the imerse-Crlon of Overland load and i er'ldian Road N -fee ( 1 . ,. , a . , • 1 lia�� .�.cl�t Eounty,, Idaho. ro. � T ?. tiny construction,. tti ids. ni inn car �•r� -~' 3sSina O said ditch !)r' canal shall be perfurnwd in accordance. with tile "Special Conal#i011s" simcd in E xllibit C, attached hereto :end by this rererence made part thereof: ?. The permitted Ihocirs of tisc; of the pathway ,hall be ftom one lialf hour before sunrises and C111C. hale' 110m.:t°ffer Sunset. • . "f'1}c; parries hereto incorp0l-ate ill and i� akt.s Part of this License Agreement all the covenants, conditions, .end n;rc�ements of said M. -.-rtes- Pathway Agreement unchanged except as; the result of the V provisions or this License Agreement. The covenanl:;, conditions and ;i ffecment5 here -in contninced and incorporated by reference sl2all constitute covenants ro t•Liil ti' I.til; and r«nnin�; i1h. all of tlic I�:nds of the Licensee described in said Exhibit A, iiiid sii�ii.l be hintiiit on vcich ol'tlte part.icti here' afid on all parties; and all persons claiming undt:r diem or either of rbem. and the :ci t=ammius; hercof shall inure to Ehc henc:fit Or ench of the Parties hereto ;end their re-specti-ve successors arld;�ti�i�F1::. IN WITNESS WIIE- REOF. the District has hertninto caused its rorporme name to be subscribed by it$ Officers first boremito duty aut]IOTixed by resolution of its Bo�yrd of Licensee h�lDirectors and the Licens • s hereunto Subscribed its corporate name to be'subscribed and its .seal to be al'1'ixc.d thereto, all as of the day and year herein first above writion. ATTEST: Its Secreta ry NAINMA & 1JFRIDIAN IRRIC � TTOIN DIST'RIC'T` By ' Its ire s i dent • 4 l THE CITY OF MERIDIAiN 0 BV v 05 ti ATTEST:24. bc t1 A 13 STAVE OF IDAHO ) ) ss: County of- Canyon } viol On this day of�4�,.2eF, before me, the undersi ed a Notar Public i n f=... _ undersigned, ..Y in sand. State, �personaily appeared doh+e I&Aica and Daren R. Coin, known to i e "to be "the .President and Secretary, respectively, of NAMPA &_ MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me tbat such irrigation district executed the -same. IN WITNESS W in this certificate first ah nro set my hand and affixed my official seals the day and year _off Y �0 Ia s a �0 A P ..o, +�['� 0 06640*08® Y 000 lq�� AV a°e° STAVE OF IDAHO } ss: County of imb- i Notary Publi for .Idaho Residing at , Id��ho My Com fission Expires: *74v66A ,Qrj C 9-- ROU On this day o before nye, the undersigned, a notary Public in and .for said State; personally appeared l� r and , known to me to be the _ - .. ,or a, Y arid , r`espectively, 6f The CITY OF MERIDIAN, the entity that executed the: forego ing.linstrument and actmo«rledged to me that such entity executed the sante. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Qt�cial'seal, the day and year in this q rag . above written. •jr' 4O �;�„rr.►,�r�� �O i IDA , o o Notary Public. or .. Residing at •� �► _077 jo—) iljly Conunission Expires: t --2 -Ju a��a`��4TE O� oar LICENSE AGREEMENT - Page: .33 t I t EYHIBIT A Lem] Desriiotion Aright -of -way in the North West 114, Secdon 19, Township 3 North, Range I East, B.M., Meridian, Ada County, Idaho. EXHIBIT C 5necial Conditions a, Construction of the pathway shall be in accordance with E.-hibit C-1 attached hereto and by this reference made a part hereof. b. The District's easement for this section of the Ten Mile Drain is 100 .feet, 50 feet to either side of the centerline. C. Construction shall be completed one year from the date of this agreement Time if of the essence. LICENSE AGREEMENT • Page 4 f A Exhibit a v . A LICENSE AGREEMENT This LICENSE AGREEMENT, is made and entered into this day of , 20111 by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83 642 hereinafter referred to as the "Licensee", WITNE S SETH: WHEREAS, the District owns the irrigation ditch or canal known as the EIGHT MILE LATERAL (hereinafter referred to as "ditch or canal"), an integral part of the irrigation works and system of the District, together with the easement therefor to convey irrigation water, to operate, clean, maintain, and repair the ditch or canal, and to access the ditch or canal for those purposes; and, WHEREAS, the District operates, cleans, maintains, repairs and protects the ditch or drain for the benefit of District landowners; and, WHEREAS, the Licensee is the owner of real property that is servient to the District's ditch or drain and easement, and is particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the ditch or drain crosses and intersects the real property described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to cross, encroach upon or modify said ditch or canal and/or the District's easement under the terms and conditions of this License Agreement; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: LICENSE AGREEMENT - A. Acknowledgment of the District's Easement. I . Licensee acknowledges that the District's easement for the Eight Mile Lateral includes a sufficient area of land to convey irrigation water, to operate, clean, maintain and repair the ditch or canal, and to access the ditch or canal for said purposes, and is a minimum of 50 feet, 25 feet on either side of the centerline of the Eight Mile Lateral. B. Scope of License I . The Licensee shall have the right to modify the ditch or drain or encroach upon the District's easement along the ditch or drain in the manner described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modification of the ditch or drain and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D. attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross, encroach upon or modify the ditch or drain and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or modification of the ditch or drain and/or the District's easement for the purposes and in the manner described herein. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the ditch or drain except as referred to in this License Agreement without the prior written consent of the District. 4. The Licensee recognizes and acknowledges that the license granted this License Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this License Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair 1. Licensee agrees that the work performed and the materials used in any construction permitted by this License Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shal l have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. LICENSE AGREEMENT - 2 2. Each facility "facility" as used in this License Agreement means any object or thing installed by the Licensee on, over or in the vicinity of the District's easement) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 3. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the ditch or drain or the District's delivery of irrigation water; C. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the ditch or drain; f. any other damage to the District's easement and irrigation or drainage works. 4. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the easement and irrigation works which maybe caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The Licensee shall, upon demand of the District, remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the ditch or drain, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 3S., or any g other damage to the easement and irrigation works. The District shall give reasonable notice to the Licensee, and shall allow the Licensee a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The District reserves the right to perform any and all work which the Licensee fails or refuses to perform within a reasonable period of time after demand by the District. The Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and the Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The Licensee understands and agrees that the ditch or canal is a manmade channel that was constructed and is used and maintained by the District for the exclusive purpose of conveying irrigation water to lands within the District or draining lands within the District. As such, Licensee further acknowledges and agrees that the ditch or drain does not constitute a natural or navigable watercourse or stream. 2. The parties hereto understand and agree that the District has no right in any respect to impair LICENSE AGREEMENT - 3 purposes irrigation uses and d ur of the irri ation or drainage works and system of the District by this License Agreement,, nor to rant an rights in its irrigation or drainage works and system incompatible with the uses Ag g Y g to g g which such irrigation or drainage works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 3. Nothing herein contained shall be construed to impair the ditch or canal or the District's easement and all construction and use of the District's easement by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or canal for the transmission and delivery of irrigation water or transmission of drainage water. 4. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility facili in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the ditch or canal. The Licensee further agrees to suspend its use of the said easement areas when the use of the easement areas is required by the District for maintenance or repair under this or any other paragraph of this License Agreement. 5. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this License Agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of the ditch or canal shall be promptly removed by the Licensee upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. 1. Neither the terms of this License Agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this License Agreement, nor the parties exercise of any rights or performance of any obligations of this License Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its drains drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this License Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this License Agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this License Agreement. F. Indemnification 1. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent LICENSE AGREEMENT - 4 acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this License Agreement. G. Fees and Costs I . The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for the District or by the engineers for the District in connection with the negotiation and preparation of this License Agreement. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this License Agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous 1. No Claims Created. Nothing in this License Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against the District. 2. Assignment. Neither this License Agreement nor any agreement entered pursuant to this License Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this License Agreement must be in writing and signed by all parties to be enforceable. 4. Interpreted. This License Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this License Agreement is determined by a court of jurisdiction com etent to be invalid or otherwise unenforceable, all remaining provisions of this License P Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this License Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this License Agreement, and are not intended to be aids in interpretation of any provision of this License Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the License Agreement. 5. Bindin Effect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the easement of the Licensee within the real property described in Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. LICENSE AGREEMENT - 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this License Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District City of Meridian 5525 East Greenhurst 33 E. Idaho Nampa, ID 83 686 Meridian, Idaho 83 642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This License Agreement may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duty authorized by resolution of its Board of Directors and the Licensee has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT Its President ATTEST: Its Secretary CITY OF MERIDIAN ATTEST: LICENSE AGREEMENT - 6 STATE OF IDAHO ) ss: County of Canyon ) On this day of , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte Janicek and Daren Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of ) On this day of , 2011, before me, the undersigned, a notary public in and for said state, personally appeared , known to me to be the of , the entity that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at , My Commission Expires: LICENSE AGREEMENT - 7 EXHIBIT A Legal Description Licensee is the owner of Lakeview Golf Club which is comprised of numerous parcels. The portions of Licensee's real property which relate to this License Agreement and which intersect Eight Mile Lateral or the District's easement are referenced in the map and descriptions which are attached hereto as Exhibit A-1 and by this reference incorporated herein. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee's: 1. construction and installation of additional topsoil, grass landscaping and sprinklers within the District's easement for the Eight Mile Lateral; 2. construction and installation of an asphalt pathway/maintenance road for the District's use and access within the District's easement for the Eight Mile Lateral; and 3. prior construction and installation of an asphalt cart path/access road and curb and gutters for a trash enclosure within the District's easement for the Eight Mile Lateral, all within Licensee's real property, Lakeview Golf Club, in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Eight Mile Lateral or the District's easement. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with Exhibit D-1 attached hereto and by this reference incorporated herein. b. Licensee shall notify the District's Superintendent prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - 8 E'.O=PP-A w a 410 a 0© o -n CD (D r-+. Exhibit A-1, page m 14 �r 3. CD CD CD 0 * 0 r C� CD cr 14 wi_� 40TO %40M _0 m -0 m cn cn tCD 0 CD W Ln Z w 0 tC) <: CD CO 0 CD m 0 al cn N) 0 CL r (o er cn CD C) C) 0 C:) C/) 0 C: CD CD CD 0 CL 0 10 C) 0 C) *< CA CD CD U) CD Cl cnEn 0 cn —1 m 0 (n CD C/) C/) CD 3 (D W DAWSON DR --------- ------ -------- Ef htmile Lateral I*y P7, M 0 N-0 CD CD ............ . ..... . ... 4t CD 0 -4 0 0 00 Pr O 61 0 CD r CD 0 CD C) > 0 CD cl) 0 C-) 0 o =r CD ---------- PQ0 -4 > CC) cn U) CD CD (n cn0 0 cr _% r— CL U) < > -0 CD 0 0:3 (D U 0 z ;o 00 CD "0 0 (n 03 C) lj CD cr 00 CL cn 0 Exhibit A-1, page 2 W-1 i LyF.W. f z -T Z� Je i N A I . Lakeview Golf Club Eightmile, Lateral Improvements Plan 2 of 4 Exhibit D-1, page 2 0 5 10 20 30 40 MYH H E=j MM Feet 1 inch = 30 feet Lakeview Golf Club Eightmile Lateral Improvements Plan 3 of 4 Exhibit D-1 , page 3 0 5 10 20 30 40 Feet 1 inch = 30 feet F Ll -46- 1716r&T5-`D I Ljf2-VF 11T 1�\ M N Lakeview Golf Club 0 5 10 20 30 40 Eightmile Lateral Improvements E===j Feet Plan 4 of 4 1 inch = 30 feet Exhibit D-1, page 4 maw... .m-_ Exhibit D-lf page 5 111 Zi - ------- - -- ry Lakeview Golf Club Eightmile Lateral Improvements Plan 7 of 4 Exhibit D-1, page 1 0 5 10 20 30 40 Feet 1 inch R 30 feet Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 4H PROJECT NUMBER: ITEM TITLE: License and Maintenance Agreement Between the City of Meridian, Lakeview Meridian Golf Course, and Ashford Greens Homeowners Association for Irrigation Infrastructure and Green -up at Property Located at Dawson Drive MEETING NOTES fipfv2w �/ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS LICENSE AND MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this 13 day of September, 2011, by and between the City of Meridian, an Idaho Municipal Corporation, hereinafter called "City", Lakeview Meridian Golf Course, hereinafter called "Lakeview", and the Ashford Greens Owners Association, Inc, hereinafter called "Ashford Greens". WHEREAS, City, Lakeview, and Ashford Greens desire to cooperate to improve the beauty of the landscaping at a certain location near the Lakeview Golf Course for the residents of Meridian and the Ashford Greens homeowners. WHEREAS, City owns, and Lakeview leases from City, a parcel of property located on Dawson Drive in Meridian behind the maintenance facility at the Lakeview Golf Course (hereinafter, the "Licensed Premises") which is not currently irrigated or maintained as part of the Golf Course. WHEREAS, City desires to provide irrigation infrastructure and green -up at the Licensed Premises. Ashford Greens desires to provide annual irrigation and periodic maintenance of the landscaping at the Licensed Premises to provide beautification for the benefit of the Ashford Greens neighborhood, the patrons- of Lakeview Golf Course, and the greater Meridian community. WHEREAS, City and Lakeview are willing, upon certain terms and conditions, to provide use of the Licensed Premises to Ashford Greens for the purposes stated herein for a period of time defined within this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. GRANT OF LICENSE For and in consideration of promises contained herein, and other good and valuable consideration, City and Lakeview hereby give and grant to Ashford Greens the exclusive right, privilege and license to use certain real property, located on W. Dawson Drive, Meridian, Idaho, and identified as a portion of Ada County parcel S 1203 314900, referred to herein as the "Subject Parcel" and depicted on Exhibit "A" attached hereto and incorporated herein by this reference. 2. TERM OF AGREEMENT The license granted under this Agreement shall be for a term of thirty (30) years commencing on the date of execution of this agreement. The license term may be extended by mutual written agreement of the parties. License and Maintenance Agreement - 1 - 3. USE OF LICENSED PREMISES Ashford Greens' use of the licensed premises shall be for the purpose of maintaining irrigation infrastructure and landscaping. The approved landscaping shall be limited to turf grass only. 4. INSTALLATION AND MAINTENANCE RESPONSIBILITIES City, at its sole cost and expense, agrees to install underground sprinkler irrigation including timing clock and controls, to be connected to Ashford Greens' water source. Installed equipment shall be of high quality with a reasonable expected service life. City, at its sole cost and expense, shall also provide grading, soil improvements, and sod prior to turning over maintenance responsibilities to Ashford Greens. Ashford Greens shall maintain the irrigation system and landscaping at its sole cost and expense during the term of this agreement. Maintenance shall include irrigating, mowing, fertilizing, weed control, and insect control to the standard of other City -maintained properties. In the event that any part of the irrigation system or landscaping requires repair or replacement during the term of this agreement due to wear and tear, vandalism, or disruption caused by work performed by Nampa Meridian Irrigation District in their right of way, the cost of repair shall be the responsibility of Ashford Greens. Ashford Greens also agrees to pay all costs associated with delivery of the irrigation water, including but not limited to electricity and ditch fees or assessments. 5. INDEMNIFICATION Ashford Greens hereby agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the maintenance of the licensed premises by Ashford Greens, its agents, or employees as described in Section 4. If any claim, suit or action is filed against City for any loss or claim described in this paragraph, Ashford Greens shall defend City and assume all costs, including attorney's fees, associated with the defense or resolution thereof, however City shall not be relieved hereby from liability for its own negligent or willful act or omission or that of its employees. 7. TERMINATION If Ashford Greens is in breach or default of any terms, covenants, or conditions of this Agreement and fails or refuses to cure such breach or default within thirty (30) days of written notice thereof, this Agreement, and all rights of Ashford Greens conferred by this Agreement, at City's option, may be deemed terminated and forfeited without further notice or demand. License and Maintenance Agreement - 2 - Ashford Greens may voluntarily terminate this agreement by providing ninety (90) day written notice to City. 8. ASSIGNMENT OR TRANSFER Ashford Greens shall not assign, sublet or transfer the licensed premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of City. 9. NOTICES A. All notices to be given with respect to this Agreement shall be in writing addressed as follows: To Ashford Greens: Ashford Greens Owners Association, Inc. 7231 W Franklin Boise, ID 83709 To City: City of Meridian Director, Parks and Recreation Dept, 33 East Broadway Avenue Meridian, ID 83642 With a copy to: City Clerk City of Meridian 33 East Broadway Avenue Meridian, ID 83642 B. Notice shall be either delivered or sent by certified mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail, or upon delivery to the party above specified, or their agent or legal representative. 10. CONDITION OF LICENSED PREMISES After City has installed the irrigation and landscaping, Ashford Greens shall inspect the licensed premises and shall be deemed to have accepted the licensed premises as being in good and satisfactory order, condition, and repair unless Ashford Greens timely objects to the condition in writing, using the notice provisions of this agreement. Ashford Greens agrees that upon termination of this Agreement, Ashford Greens shall surrender the licensed premises to City in the same good condition as received, reasonable wear and tear exempted. License and Maintenance Agreement - 3 - 11. APPROVAL BY CITY COUNCIL REQUIRED This Agreement shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. ASHFORD GREENS OWNERS ASSOCIATION, INC. By: John Goade, President LAKEVIEW MERIDIAN INVESTORS, LLC CITY OF MERIDIAN By: Tamm de eerd, Mayor, Attest. 'mss �yi sa � t7 r.� ayc . Holman; r a. a�+.:� �,YtS M � �.w � ,s•..�4„+ 1. ` :,� . License and Maintenance Agreement - 4 - EXHIBIT A 0 a N 0 qt 0 N n L ui z -Q Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 41 PROJECT NUMBER: ITEM TITLE: Second Addendum to Professional Services Contract with DMH Enterprises for Plumbing Plan Review and Inspection Services MEETING NOTES fiff/-5-" Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDAN�- I LHO Development Services Division TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton DATE: September 8, 2011 Mayor Tammy de Weerd Ciliy Council Membern Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT - DMH ENTERPRISES. The Development Services Division of the Public Works Department respectfully requests the following item be placed on the September 13, 2011 City Council Workshop Consent Agenda, for Council's consideration: Second Addendum to the Professional Services Contract with DMH Enterprises to provide for a one-year extension of the existing contract terms and conditions for Plumbing Plan Review and Inspection Services. I. DESCRIPTION Background This addendum provides for a one-year extension of the existing contract terms and conditions for DMH Enterprises for Plumbing Plan Review and Inspection Services. II. RECOMMENDED ACTION A. Move to: 1. Approve this Second Addendum to the Professional Services Contract with DMH Enterprises to provide for a one-year extension of existing contract terms and conditions; and 2. Authorize the Mayor to sign the agreement, and the City Clerk to attest Page I of 2 III. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 IV. LIST OF ATTACHMENTS A. Second Addendum to Professional Services Contract with DMH Enterprises. q, S. Zol I Development Services Manager Date Approved for Council Agenda: Tom Barry, Director of Public W Date Page 2 of 2 SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT This SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT is made this _day of September, 2011, by and between City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and DMH Enterprises, an assumed business name organized under the laws of the State of Idaho, whose address is 1116 Dawn Drive, Boise, Idaho ("Contractor"). WHEREAS, City and Contractor entered into a Professional Services Contract on November 24, 2009 ("Contract") and a First Addendum thereto on June 21, 2011 ("First Addendum"); and WHEREAS, it is the Parties' intention that, except as expressly set forth herein, the Contact and the First Addendum remain in full force and effect; NOW, THEREFORE, in consideration of the foregoing, City and Contractor hereby agree as follows: A. That the term of the Contract, unless earlier terminated or extended, shall expire on September 30, 2012. B. That, except as expressly modified by this Second Addendum, all provisions of the Contract and the First Addendum shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Addendum, shall be deemed to enlarge, limit or otherwise affect the operation of the Contract, the First Addendum, or this Second Addendum. IN WITNESS WHEREOF, the parties shall cause this Second Addendum to be executed the date first above written. CONTRACTOR: By: Dennis Holte DMH Enterprises CITY OF MERIDIAN: LE Public PL ., ti nILA Attest: C C] / 10.\% T 75"1 ,�Q P Barry ks Director SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT PAGE 1 OF 1 Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 4J PROJECT NUMBER: ITEM TITLE: Second Addendum to Professional Services Contract with Whitman and Associates, Inc. for Building Plan Review and Inspection Services MEETING NOTES 4 1 Y'rvqy/ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C� fIEN.L HO Development Services Division TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton DATE: September 8, 2011 Mayor Tammy de Weerd City Council Membeetr Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT - WHITMAN AND ASSOCIATES, INC. The Development Services Division of the Public Works Department respectfully requests the following item be placed on the September 13, 2011 City Council Workshop Consent Agenda, for Council's consideration: Second Addendum to the Professional Services Contract with Whitman and Associates. Inc. to provide for a one-year extension of the existing contract terms and conditions for Building Plan Review and Inspection Services. I. DESCRIPTION Background This addendum provides for a one-year extension of the existing contract terms and conditions for Whitman and Associates, hic., for Building Plan Review and Inspection Services. II. RECOMMENDED ACTION A. Move to: 1. Approve this Second Addendum to the Professional Services Contract with Whitman and Associates, Inc. to provide for a one-year extension of existing contract terms and conditions; and 2. Authorize the Mayor to sign the agreement, and the City Clerk to attest Page I of 2 III. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 IV. LIST OF ATTACHMENTS A. Second Addendum to Professional Services Contract with Whitman and Associates, Inc. .�- q. 8.20 Development Services Manager Date Approved for Council Agenda: 4 , Tom Barry, Director of Public-W—orl Date �( Page 2 of 2 SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT This SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT is made this 1-3 day of September, 2011, by and between City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City'), and Whitman and Associates, Inc., a corporation organized under the laws of the State of Idaho, whose address is 8124 West Blackberry, Boise, Idaho ("Contractor'). WHEREAS, City and Contractor entered into a Professional Services Contract on November 24, 2009 ("Contract") and a First Addendum thereto on June 21, 2011 ("First Addendum"); and WHEREAS, it is the Parties' intention that, except as expressly set forth herein, the Contact and the First Addendum remain in full force and effect; NOW, THEREFORE, in consideration of the foregoing, City and Contractor hereby agree as follows: A. That the term of the Contract, unless earlier terminated or extended, shall expire on September 30, 2012. B. That, except as expressly modified by this Second Addendum, all provisions of the Contract and the First Addendum shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Addendum, shall be deemed to enlarge, limit or otherwise affect the operation of the Contract, the First Addendum, or this Second Addendum. IN WITNESS WHEREOF, the parties shall cause this Second Addendum to be executed the date first above written. CONTRACTOR: CITY OF MERIDIAN: By: Daunt Whitman Thomas H. Barry President, Whitman and Associates, Inc. Public Wow Director By: /iii, „,,,, ,,;;,;;,,Tammyt� 4 Attest: Jay ttest`Jay ee C# C1e* C' 9pr'sr iss �O ///1JIINi ailll�\; SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT PAGE 1 OF 1 Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 4K PROJECT NUMBER: ITEM TITLE: Second Addendum to Professional Services Contract with Jackson Code Consultants, Inc. for Fire Plan Review and Inspection 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 M�IENDIAt4t�,, I Development Services Division TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton DATE: September 8, 2011 Mayor Tammy de Weerd City Council Membertr Keith Bird Brad Hooglun Charles Rountree David Zaremba SUBJECT: SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT - JACKSON CODE CONSULTANTS, INC. The Development Services Division of the Public Works Department respectfully requests the following item be placed on the September 13, 2011 City Council Workshop Consent Agenda, for Council's consideration: Second Addendum to the Professional Services Contract with Jackson Code Consultants, Inc. to provide for a one-year extension of the existing contract terms and conditions for Fire Plan Review and Inspection Services. I. DESCRIPTION Background This addendum provides for a one-year extension of the existing contract terms and conditions for Jackson Code Consultants, Inc., for Fire Plan Review and Inspection Services. II. RECOMMENDED ACTION A. Move to: Approve this Second Addendum to the Professional Services Contract with Jackson Code Consultants, Inc. to provide for a one-year extension of existing contract terns and conditions; and 2. Authorize the Mayor to sign the agreement, and the City Clerk to attest Page 1 of 2 III. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 IV. LIST OF ATTACHMENTS A. Second Addendum to Professional Services Contract with Jackson Code Consultants, Inc. Development Services Manager Approved for Council Agenda: Rom W—WRIW Wirector of —PubGM�rk�� Page 2 of 2 g. 11 Date Date SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT This SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT is made this day of September, 2011, by and between City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Jackson Code Consultants, Inc., a corporation organized under the laws of the State of Idaho, whose address is P.O. Box 1303, Meridian, Idaho 83680-1303 ("Contractor"). WHEREAS, City and Contractor entered into a Professional Services Contract on November 24, 2009 ("Contract") and a First Addendum thereto on June 21, 2011 ("First Addendum"); and WHEREAS, it is the Parties' intention that, except as expressly set forth herein, the Contact and the First Addendum remain in full force and effect; NOW, THEREFORE, in consideration of the foregoing, City and Contractor hereby agree as follows: A. That the term of the Contract, unless earlier terminated or extended, shall expire on September 30, 2012. B. That, except as expressly modified by this Second Addendum, all provisions of the Contract and the First Addendum shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Addendum, shall be deemed to enlarge, limit or otherwise affect the operation of the Contract, the First Addendum, or this Second Addendum. IN WITNESS WHEREOF, the parties shall cause this Second Addendum to be executed the date first above written. CONTRACTOR: CITY OF MERIDIAN: By: �o B Rick Jackson P •esident Thom . Barry Jackson Code'Consultants, Inc. Public Works Director B ,,,,,!! Y :,,, ro� s ` Attest: 3 - * Jaoo-- o� y Ci COUNT SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT I PAGE I OF I Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 5 ECT NUMBER: ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. U — U� Resolution No. 0 U� Appointment of Leslie Mauldin to Seat 5 of the Arts Commission MEETING NOTES N�? Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. d Voal BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING LESLIE MAULDIN TO SEAT 5 OF THE MERIDIAN ARTS COMMISSION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Seat 5 on the Meridian Arts Commission is vacant; and WHEREAS, Meridian City Code § 2-5-3(A)(2) provides that members of the Arts Commission shall be appointed by the Mayor and approved by the City Council on a majority vote; WHEREAS, Meridian City Code § 2-5-3(D) states that vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term; and WHEREAS, the City Council of the City of Meridian deems the appointment of Leslie Mauldin to be in the best interest of the Meridian Arts Commission and of the City of Meridian; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Leslie Mauldin is hereby appointed to the Meridian Arts Commission, for a term to expire on February 26, 2013; and Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 13th day of September, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 13th day of September, 2011. ATTEST: Un APPROVED: RESOLUTION APPOINTING LESLIE MAULDIN TO MAC PAGE I OF I Mayor T�mrlrj de Weerd `\p�Inni �1„ Holman, City Clerk 21:UI IAL _ ) RESOLUTION APPOINTING LESLIE MAULDIN TO MAC PAGE I OF I LESLIE MAULDIN SAG Wight: 5'10" Weight. 140 Contact Information: lesile.mauldin@yahoo.com Hair: Dark Auburn 208.870.8538 Eyes: Brown Daphne Eckler lesliemauldin.com FILM: Ed DeLeo Voice One False Move Driver's Wife IRS Media/Carl Franklin, Dir. Turn of the Blade Girl in photos/auditions NorthstarEnt., Bryan Michael Los Angeles Tremaine Studios Stoller, Dir. Various USC Short Films Starring/Principle roles Various Dirs., Grad Program TELEVISION: Conservatory of Music Silk Stalkings Sarah/Co-Starring USA/Stu Segall Productions Be Careful What You Wish For Starring (pilot) NBC/Suzanne Laycock The Witness Starring (pilot) MacDonald/Orf Productions Love Stories Guest Starring NBC/Edwards-Billett Afraid to Fly Starring PBS/D. Scott Hessels State Radio Principle (sit-com pilot) USC/Marc Warren, Dir. Pregnancy Massage Starring Zemi Film/CBW Ventures Music Video — "I am I" Starring Queensryche Wayne Isham, Dir. Music Video — "Wild Wild West" Principle NFL "Riders"/Chip Miller. Dir. COMMERCIALS: List available upon request THEATRE: (partial list) The Sound of Music Ursula Principle Pasadena Civic Auditorium Harvey Medlinsky, Dir. Anne of the 1000 Days King's Singer Select Ensemble Theatre Tribe — Stuart Rogers CBS Soundstage 5 The Student Prince Kathie Starring Moorpark Theatre, The Merry Widow Hanna Title Role Moorpark Theatre, Opera Idaho The Mikado Yum -Yum Starring Southhampton's West Guys and Dolls Sarah Starring Northside Players Orpheus in the Underworld Eurydice Starring Moorpark Theatre STAGE AND MUSICAL DIRECTION: Jacques Brel is Alive and Well and Living in Paris Boise Idaho The Big Easy Concert House Opera Under the Stars (3 years, 3 different shows) Boise, Idaho Opera Idaho Opera Idaho Sings Christmas (3 years, 3 shows) Boise, Idaho The Egyptian Theatre The Merry Widow (shortened version) Burley, Idaho Rise Up and Sing Festival TRAINING: Meisner technique/camera technique Los Angeles Daphne Eckler Private and group coaching Los Angeles Ed DeLeo Voice Cal State Northridge David Scott Studio voice overs Los Angeles Gene Merlino Dance Los Angeles Tremaine Studios Improv and Coaching Los Angeles Harry Landers Voice Murcia, Spain Conservatory of Music SPECIAL SKILLS & ABILITIES: Professional Soprano (opera, musical theatre, jazz, pop, some country•separate resume available upon request) Play piano, guitar, read music well; studied in Spain, supporting myselfwhile there with a solo multi-lingual pop / Zinging act; toured Israel as Soprano soloist with the Israeli Philharmonic;dance training includes tap, jazz, ballet, modern, 1, tage movement, some ballroom; can perform simple stunts; shortening operas/operettas for performance; teach voice to post graduate students; some music conducting & arrangement LESLIE MAULDIN SAG member/Equity eligible (208) 870-8358 lesliemauldin.com TOSCA Title role Spokane Opera Dean Williamson LA TRAVIATA Violetta Opera Idaho Michael Borowitz Spokane Opera Joe Mechavich THE MERRY WIDOW Title role Opera Idaho, Barbara Day Turner DON GIOVANNI Donna Anna Crested Butte Music Festival Roland Kluttig LA BOHEME Musetta Spokane Opera Joe Mechavich THE MARRIAGE OF FIGARO Marcellina/Countess Opera Idaho Tim Lindberg CARMEN Micaela Rimrock Opera, Dean Williamsen LE TRAGEDIE DE CARMEN Micaela Spokane Opera Dean Williamsen ABDUCTION FROM THE SERAGLIO Blondchen B.S.U. Opera, Guest artist THE MAGIC FLUTE Pamine Moorpark, CA Theatre Opera 1'st Lady Rimrock Opera Robert Wood DON PASQUALE Norina Opera Idaho, cover role ORATORIOICONCERT GUEST ARTIST CONCERT with Idaho Falls Symphony Warren Cohen, Guest Conductor DUET CONCERT with David Malis, Baritone Four Seasons Concert Series, Big Island, Hawaii TRIO CONCERT with Don Sherrill, baritone, and Paula Rasmussen, mezzo Sun Valley (Idaho) Opera KNOXVILLE SUMMER OF 1915 75P Anniversary Celebration, Egyptian Theatre, Boise CLASSICAL CHRISTMAS CONCERT Annual event, Sun Valley Opera House SOPRANO SOLOIST for the following works: BACH CANTATA #51 Boise Baroque CARMINA BURANA Orff Boise Philharmonic VOICES OF LIGHT Richard Einhorn, composer, Robert Franz, Conductor Boise Philharmonic St. CECILIA MASS Gounod —Vancouver, B.C. Symphony MESSIAH — Handel — performed with various following ensembles including: Hollywood Master Chorale and Orchestra — radio broadcasts and live concerts MIDSUMMER NIGHT'S DREAM Mendelssohn Performed this work at the premiere performance of the New West Symphony in Thousand Oaks Center for the Performing Arts Boris Brott, Conductor, Claire Bloom, narrator, Thousand Oaks, CA MISSA BREVIS in C Mozart Israeli Philharmonic (Israel tour) EXSULTATE JUBILATE Mozart Boise Philharmonic REQUIEM MASS Mozart Hollywood Master Chorale and Orchestra Boise Philharmonic and Master Chorale GERMAN REQUIEM (Brahms), REQUIEM(Rutter), & VESPERAE SOLENNES DE CONFESSORE (Mozart) Magic Valley Chorale and Orchestra VESPERAE SOLENNES DE CONFESSORE Mozart USU Chorale and Orchestra BACH CANTATA #21 Boise Master Chorale and Chamber Orchestra ELIJAH Mendelssohn Ventura, CA Chorale and New West Symphony THE CREATION Handel Role of Gabriel — Hollywood Chorale and Orchestra GLORIA Vivaldi St. Michael's Cathedral, Boise CSUN Concert Choir/Chamber Ensemble MASS IN TIME OF WAR Haydn Boise Master Chorale and Philharmonic MUSICAL THEATERIOPERETTA KISS ME KATE Lilli Vanessi/Kate King Theatre, Heritage Foundation Players ANNE OF THE THOUSAND DAYS Court Singer CBS Live Soundstage Performance THE SOUND OF MUSIC Ursula Pasadena Civic Auditorium LITTLE WOMEN Marmie (premiere role) Eccles Theatre, Logan, UT THE STUDENT PRINCE Kathie Moorpark Theatre, CA THE MIKADO Yum -Yum Sebastian's West Theatre, San Clemente, CA GUYS AND DOLLS Sarah Moorpark Theatre, CA ORPHEUS IN THE UNDERWORLD Eurydice Moorpark Theatre, CA STAGE & MUSICAL DIRECTION CREDITS Opera Idaho — mainstage season 2006 JACQUES BREL IS ALIVE AND WELL AND LIVING IN PARIS Opera Idaho — Stage and Musical Direction, 2004 SUOR ANGELICA Metro tour outreach show, Opera Idaho 2002 LA BOHEME Artist in Residence pro -tem, Utah State University Scene Show Opera Under the Stars Produced annually at the Botanical Gardens, 2005-2007 Opera Idaho Sings Christmas Produced annually at the Egyptian Theater, 2005-2007 etropoutan Opera Auditions — Winner, San place NATS award :or, Los Angeles Western Region EDUCATION. TRAINING AND TEACHERS CONSERVATORY OF MURCIA, SPAIN LOS ANGELES Teachers - Others - References: Voice study, B.A. equivalent conservatory program Dr. David Scott, Cal State University Northridge Gene Merino, (coach) Seth Riggs Dale Moore, Indiana University Franco Iglesias (Master Class participant) Martha Mead Dr. Jonathan Retzlaff, Vanderbilt University Dr. Laura Rushing-Raynes, Boise State University Shari Rhoads, Vocal Coach Maestro Dean Williamson Artistic Director, Opera Cleveland deanwilliamson@earthlink.net Bill Graham Executive Director, Spokane Opera spokaneopera.comcast. net David Malis Metropolitan Opera Baritone, Stage/Artistic Director Voice Faculty, University of Miami davidmalis n,hotmail.com Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. _I ( - 0 u ) Resolution No. W5Appointment of Ryan Lancaster to the Traffic Safety 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 CITY OF MERIDIAN RESOLUTION NO. 4ay, J BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING A COMMISSIONER TO THE MERIDIAN TRAFFIC SAFETY COMMISSION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a citizen seat on the Meridian Traffic Safety Commission is vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment of Ryan Lancaster to be in the best interest of the Meridian Traffic Safety Commission and of the City of Meridian; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-3-2(B), Ryan Lancaster is hereby appointed to the Meridian Traffic Safety Commission, for a term to expire on June 9, 2013; and Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 13th day of September, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 13th day of September, 2011. APPROVED: o Mayor Ta n e Weerd ATTEST: nJunuiuryr >. BY: °o aycee Holman, City Clerk MAL r��fr COC IN RESOLUTION APPOINTING RYAN LANCASTER TO TRAFFIC SAFETY COMMISSION PAGE I OF 1 August 17, 2011 Mayor Tammy de Weerd Meridian City Hall 33 E. Broadway Avenue Meridian, ID 83642 RE: Traffic Safety Commission Dear Mayor de Weerd: I am honored to be considered for the vacancy on the Traffic Safety Commission. I look forward to bringing my experience and abilities to the Commission. I am a resident of Meridian, and live within the northeast Meridian area specified in the Commission advertisement. By profession, I am a Civil/Traffic engineer and look forward to sharing my professional skills and experience on a voluntary basis with the City as part of the Traffic Safety Commission. I have professional relationships with many people at ACHD that may facilitate the effectiveness of the Commission. I look forward to interacting with other citizens on the Commission to ensure the safe and efficient movement of vehicles, bikes, and pedestrians through the city. Sin erely, . R an D. Lancaster Enclosure 346 E. Moskee St. H: (208) 345-6753 Meridian, ID 83646 C: (208) 353-1122 Lancaster. rvan(ftrnaLl.com Q_�E IDIAN,=--�- Application to be Considered for <,,-,�, � City -Appointed or Volunteer Positions Position Applying for: O Parks & Recreation Commission O Planning & Zoning Commission O Meridian Arts Commission O Historical Preservation Commission A Traffic Safety Commission O Meridian Transportation Task Force O Impact Fee Committee O Solid Waste Advisory Committee O General Volunteer Position on Special Projects or Events as Needed (appointment not required) Name: Home Address: ?3zf 6 F Telephone: (U)�) E -Mail Address: I a.161Sto. ��a✓� ��+�y'�, + Occupation: +✓, ✓i! /T' ,( Fogi.Q62. Are you a resident of the City of Meridian? 'P Yes O No If not, do you live in Meridian's area of impact? O Yes O No NIA Why do you want to become involved? Z d+n knvclved de,,).( in +M(0c-aJ hwAsAdrk611 t�sdas, 1 am a k_en5ec/ erwYnee-rev 4 have e, vnfio.+u/ re -r ' ',,141 ras o ai _$s a al fis c o rc h vts ehc leer I wo,,o like fo whofeor,"( ra4e55/a-rd eXPe(Vice 49 •Ihe, (x41r_4t d rr e,iy, Do you participate inany local service clubs or other organizations? 0 Yes O No o If so, please list: �o i 5,1A5 4 A�ci. At -41a-9 P&4 Ci z Eagle 6eO 71 What areas of city government are of most interest to you? PUblke ubIk5 ,,d Pwk a,J Pec. Ole -Y/r? cARafils'eals lAwf .r i.4& a w,i* T hape Mme trainin0 i(i1J0 Lo//eertp �/r- __ I Qu6Lc nra�yP,ne,tf Have you participated in any level of volunteer government service in the past? O Yes X No If so, please list: Do you understand the time commitment required to attend meetings and review/research data to make recommendations? X 'Yes O No Signature Date DV IW -4211 Please return your completed application, resume, and letter of interest to: City Clerk's Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 888-4218 346 E. Moskee St. (208) 615-4665 Meridian, ID 83646 lancaster.ryan@gmatl.com Ryan D. Lancaster, P.E., PTOE Professional 2007 — 09 & 2010 — Pres. Project Engineering Consultants, Ltd. Nampa, ID Experience Transportation Manager/Engineer • Project Manager / Staff Engineer for Local Federal -Aid projects at Warn Springs Ave & Granite Way (ACHD/ITD) and Star Road & Franklin Road (Nampa/ITO). Provided construction support during construction of a roundabout at the intersection of Happy Valley and Greenhurst Roads in Nampa, ID Managed day-to-day operations of all transportation projects in Western Idaho • Produced and sealed plans, specifications, and estimates for transportation design projects and studies in Western Idaho. Designed roundabouts and other transportation projects throughout Idaho and Utah with tasks ranging from planning to alternative selection and plan preparation using MicroStation, AutoCAD, and Inroads. Conducted various traffic studies and transportation plans. Modeling techniques included HCS, Synchro, and VISSIM. 2009 Six Mile Engineering, PA Boise, ID Transportation Engineer • Assisted in the design of ACHD and ITD projects in Meridian, ID and Cascade, ID. • Assisted in the design of eleven arterial DMS signs throughout Idaho. 2005 to 2007 Project Engineering Consultants, Ltd. Phoenix, AZ Engineer in Training • Roadway designer of urban and rural roadways throughout Arizona using Microstation, AutoCAD, and Inroads. • Conducted floodplain studies throughout Arizona using HEC -1, WMS, and HEC -RAS and responsible for the creation of a Candidate Assessment Report. Educadon 1999 to 2004 Brigham Young University Provo, UT • MS degree in Civil Engineering, specializing in Transportation Engineering. • BS degree in Civil Engineering and Environmental Engineering. Licenses Licensed. Professional Engineer In Idaho (#13683) and Utah (#5252907-2202). Certifications Professional Traffic Operations Engineer (PTOE). Honors Co-author of the winning Best Technical Paper at the 2009 ITE Intermountain Section Conference. Presenter at the 2008 and 2009 ITE Intermountain Section Conferences • Co-author of two technical papers published by TRB at the 2008 National Roundabout Conference • Eagle Scout Volunteer 2005 to present, Registered in various adult positions with the Boy Scouts of America Experience Grand Canyon (Arizona) and Ore -Ida (Idaho) Councils • 1996 to 1998 Missionary for The Church of Jesus Christ of Latter-day Saints Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Entryway Monument Committee Report 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 U pa ta 0 i. pa ta 0 O L � O .. � � v � � 7L Irv- f1L r p' A OL 64, 0 M 42 J 4Y ' jd n..k cd ¢L7 m• z aR r R* k N � - fe K� t x - � Tse -- t f�Z 3 4. .1 S 4< ` rt�ti Sss '1¢s 3J SQ� q � � t 1 •., ti��� _ O •S- 75 C6 :s (3 2 7E- cr A 'N • 0 Y L C6 7S L 43 CP L 0 M [i rb7m,- mm Rl • Wf Owl m 7s q) 2 Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Legal Dept./Solid Waste Advisory Commission (SWAC): Community Recycling Fund Program 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 Community Recycling Fund: Program Categories; Project Requirements; Application, Selection, Funding, and Reporting Process A. Program Categories: 1. Projects must be related to the subject of recycling by: a. Promoting the use of recycled, reused or repurposed or composted materials; or b. Increasing community awareness to the benefits of waste reduction and recycling; or c. Increasing public recognition of recycling -related activity by businesses, individuals, community service groups, or schools that is making a difference in the community; or d. Other solid waste projects as determined eligible by the City of Meridian Solid Waste Advisory Commission ("SWAC") B. Program Requirements: 1. All projects must meet the following requirements: a. Projects must be intended for public use and be implemented within the limits of City of Meridian; b. A completed application must be submitted before consideration will be given to any project seeking funds from the City of Meridian Community Recycling Fund; c. Applicants agree to appear if requested before S WAC to answer any questions that the Commission may have regarding the project and to supply any additional information requested by the Commission before the application will be eligible for consideration; d. Projects must procure all necessary approvals and permitting as required by applicable law including, but not limited, to City Code prior to receipt of any funding from the City of Meridian Recycling Fund; e. Projects must include permanent signage or recognition of the City of Meridian Community Recycling Fund. Proposed signs must meet the requirements of the City's sign ordinance and be approved prior to receipt of any funding from the City of Meridian Recycling Fund; the exception being SWAC may provide signage depending on project size and scope. f Projects costing in excess of $5,000 or requiring a permit of any kind are required to be funded with a 50% match in funds or donated materials of equivalent value from the applicant. Proof of available matched funds or materials is required to be submitted with the application. Donated labor does not count towards match requirements. Material donations will be deducted from the total project value prior to determining match requirements and reimbursement amounts. The match requirement is waived only for projects costing up to and including $5,000 that do not require a permit of any kind. CITY OF MERIDIAN COMMUNITY RECYCLING FUND: PROGRAM CATEGORIES; PROJECT REQUIREMENTS, APPLICATION, SELECTION, FUNDING, AND REPORTING PROCESS - PAGE t OF 3 g. Project applicants agree to use funds within the fiscal year in which the application is approved. h. Projects must provide progress updates to SWAC as agreed upon by the parties; i. Projects must provide to SWAC a final report including a detailed accounting for all money spent and materials used before reimbursement of funds will occur. The final report shall include substantiating documents including invoices and/or receipts. j. Project applicants agree to comply with any additional requirements that SWAC sets as a condition of approval; k. Project applicants agree to abide by the decisions and recommendations made by SWAC. 2. Construction Projects must also meet the following requirements: a. Construction projects must be readily visible to the public so as to encourage public use and enjoyment of the project; b. Applicants agree to meet with the designated City contact for design review and approval before the application will be eligible for consideration; c. Projects must identify and use a minimum of 50 % of recycled materials unless otherwise approved by SWAC. SWAC reserves the right to give preference to projects exceeding the minimum required percentage of recycled materials. A product does not have to contain 100 percent post -consumer recovered materials to be considered "recycled," but the higher the percentage of post -consumer content, the greater the amount of waste that is diverted from disposal while supporting markets for secondary materials generated through municipal recycling programs. Recycled -content products may contain some pre -consumer waste, some post -consumer waste or both; d. Construction project applicants agree to comply with any additional requirements that SWAC sets as a condition of approval to assure project compliance with applicable federal, state, and local laws; C. Application Process 1. Application a. Provided source funding is available, at least once annually, but no more than quarterly, SWAC will create an open -period for advertising the City of Meridian Community Recycling Fund Program and soliciting applications from the public; b. Project applications must be submitted during an open -period, in a timely fashion, and provide all information requested by SWAC. Applications will be processed in the order they are received and will only be considered eligible for selection once all of the prerequisites are met as set forth above; c. Applicants may download the City of Meridian Community Recycling Fund Application from the City's website or pick up a copy at any one of the following City departments: the Utility Billing Department, the Clerk's Office, or the Environmental Division of the City Public Works Department; CITY OF MERIDIAN COMMUNITY RECYCLING FUND: PROGRAM CATEGORIES; PROJECT REQUIREMENTS, APPLICATION, SELECTION, FUNDING, AND REPORTING PROCESS - PAGE 2 OF 3 d. Applications are to be submitted to SWAC, by and through the Manager of the Environmental Division of the City's Public Works Department, as its delegated authority. 2. Selection Process a. The Manager of the Environmental Division of the City Public Works Department will review applications for completeness and coordinate scheduling before SWAC those applications that are eligible for consideration; b. SWAC will receive applicant presentations and review applications in a timely fashion during the course of its regularly scheduled meetings; c. SWAC will recommend to City Council applications on the basis of availability of funds, how well the project promotes the subject of recycling within its designated Program category, and the requirements set forth above. 3. Funding a. Upon receipt of City Council's approval, SWAC, by and through the Manager of the City Utility Billing Department as its delegated authority, will coordinate the reimbursement of funds with successful applicants upon approval and acceptance of the final accounting report by SWAC. b. SWAC has authority to dedicate a percentage of the current fiscal year's Community Recycling Fund budget for SWACsponsoredprojects not to exceed 50% of said budget. c. SWAC-sponsored projects shall otherwise comply with the application requirements set forth herein. 4. Reporting a. SWAC will submit an annual report to City Council regarding the Meridian Community Recycling Fund as part of its annual reporting requirements. CITY OF MERIDIAN COMMUNITY RECYCLING FUND: PROGRAM CATEGORIES; PROJECT REQUIREMENTS, APPLICATION, SELECTION, FUNDING, AND REPORTING PROCESS -PAGE 3 OF 3 City of Meridian Community Recycling Fund Application this application is to be completed by individuals and organizations applying for funding from the City of Meridian Community Recycling Program Fund. This application must be completed in its entirety. Please use additional sheets of paper if necessary. Please note: Applications will only be considered if they comply with all of the Community Recycling Fund Program Requirements. Applicants may download a copy of the requirements from the City of Meridian's website or obtain a copy from the City Clerk's Office, the Utility Billing Department, or the Environmental Division of the City's Public Works Department. ❑ Project applicant has read and understands the Community Recycling Fund Program Requirements. Applicant's Name (individual, organization, company) Address City Contact Name and Title Phone Number State Zip Code Fax Number Describe the community recycling project you would like to have supported. Provide as much detail as possible including any drawings, designs, and other information that help to fully explain the project. Describe how this project will benefit the community Describe the recycled materials to be used including manufacturers information if applicable. Please note: Applicants of construction projects must comply with City building permit requirements. ❑ Project applicant has read and understands the guidelines for requesting funds in connection with the City of Meridian Community Recycling Fund. Total funds requested Total estimated cost of project Describe how the community recycling funds will be used, the schedule for the project, and how the matching contribution will be determined if applicable. Describe the signage or other method of recognition that will be used to acknowledge the Community Recycling Fund, (plaque, standing sign, etc), and the location. Submit a drawing or design for the proposed signage to be used. Please note: Applicants must comply with City sign permitting requirements. Signature of Contact Person must have a signature to process your request) Date Return to: City of Meridian, Environmental Division of the Public Works Department, 33 E. Broadway, Meridian ID 83642 Phone: (208) 489.0379 Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Legal Department: Resolution No. I I A Resolution of the City of Meridian Adopting the Community Recycling Fund Program MEETING NOTES prvfyt--�4 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE COMMUNITY RECYCLING FUND PROGRAM FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 13, 2011, the City Council of Meridian received a report from the Legal Department and the Solid Waste Advisory Commission regarding the draft City of Meridian Community Recycling Fund Program; and WHEREAS, after receiving said report, the City Council directed that the City of Meridian Community Recycling Fund Program be brought forward in Resolution form to establish the Community Recycling Fund Program 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 Community Recycling Fund Program 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 At—day of Ar'z� —, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this & day of 2011. APPROVED: „ TAMN ,CD7 WEERD, MAYOR , ATTEST: ; JAYCEVL. HOLMAN, CITY CLERK RESOLUTION FOR CITY OF MERIDIAN COMMUiSITY ]&YCtinQ \UND PROGRAM -I OF 1 rtJy{i,1�1 City of Meridian Community Recycling Fund: Program Categories; Project Requirements; Application, Selection, Funding, and Reporting Process 1. Program Categories: A. Projects must be related to the subject of recycling by: • Promoting the use of recycled, reused or repurposed or composted materials; or • Increasing community awareness to the benefits of waste reduction and recycling; or • Increasing public recognition of recycling -related activity by businesses, individuals, community service groups, or schools that is making a difference in the community; or • Other solid waste projects as determined eligible by the City of Meridian Solid Waste Advisory Commission ("SWAC") 2. Program Requirements: A. All projects must meet the following requirements: • Projects must be intended for public use and be implemented within the limits of City of Meridian; • A completed application must be submitted before consideration will be given to any project seeking funds from the City of Meridian Community Recycling Fund; • Applicants agree to appear if requested before S WAC to answer any questions that the Commission may have regarding the project and to supply any additional information requested by the Commission before the application will be eligible for consideration; • Projects must procure all necessary approvals and permitting as required by applicable law including, but not limited, to City Code prior to receipt of any funding from the City of Meridian Recycling Fund; • Projects must include permanent signage or recognition of the City of Meridian Community Recycling Fund. Proposed signs must meet the requirements of the City's sign ordinance and be approved prior to receipt of any funding from the City of Meridian Recycling Fund; the exception being SWAC may provide signage depending on project size and scope. • Projects costing in excess of $5,000 or requiring a permit of any kind are required to be funded with a 50% match in funds or donated materials of equivalent value from the applicant. Proof of available matched funds or materials is required to be submitted with the application. Donated labor does not count towards match requirements. Material donations will be deducted City of Meridian Community Recycling Fund: Program Categories; Project Requirements, Application, Selection, Funding, and Reporting Process from the total project value prior to determining match requirements and reimbursement amounts. The match requirement is waived only for projects costing up to and including $5,000 that do not require a permit of any kind. • Project applicants agree to use funds within the fiscal year in which the application is approved. • Projects must provide progress updates to SWAC as agreed upon by the parties; • Projects must provide to SWAC a final report including a detailed accounting for all money spent and materials used before reimbursement of funds will occur. The final report shall include substantiating documents including invoices and/or receipts. • Project applicants agree to comply with any additional requirements that SWAC sets as a condition of approval; • Project applicants agree to abide by the decisions and recommendations made by SWAC. B. Construction Projects must also meet the following requirements: Construction projects must be readily visible to the public so as to encourage public use and enjoyment of the project; Applicants agree to meet with the designated City contact for design review and approval before the application will be eligible for consideration; Projects must identify and use a minimum of 50 % of recycled materials unless otherwise approved by SWAC. SWAC reserves the right to give preference to projects exceeding the minimum required percentage of recycled materials. A product does not have to contain 100 percent post -consumer recovered materials to be considered "recycled," but the higher the percentage of post -consumer content, the greater the amount of waste that is diverted from disposal while supporting markets for secondary materials generated through municipal recycling programs. Recycled -content products may contain some pre -consumer waste, some post -consumer waste or both; Construction project applicants agree to comply with any additional requirements that SWAC sets as a condition of approval to assure project compliance with applicable federal, state, and local laws; 3. Application Process A. Application • Provided source funding is available, at least once annually, but no more than quarterly, SWAC will create an open -period for advertising the City of Meridian Community Recycling Fund Program and soliciting applications from the public; • Project applications must be submitted during an open -period, in a timely fashion, and provide all information requested by SWAC. Applications will be City of Meridian Community Recycling Fund: Program Categories; Project Requirements, Application, Selection, Funding, and Reporting Process processed in the order they are received and will only be considered eligible for selection once all of the prerequisites are met as set forth above; • Applicants may download the City of Meridian Community Recycling Fund Application from the City's website or pick up a copy at any one of the following City departments: the Utility Billing Department, the Clerk's Office, or the Environmental Division of the City Public Works Department; • Applications are to be submitted to SWAC, by and through the Manager of the Environmental Division of the City's Public Works Department, as its delegated authority. B. Selection Process The Manager of the Environmental Division of the City Public Works Department will review applications for completeness and coordinate scheduling before SWAC those applications that are eligible for consideration; SWAC will receive applicant presentations and review applications in a timely fashion during the course of its regularly scheduled meetings; SWAC will recommend to City Council applications on the basis of availability of funds, how well the project promotes the subject of recycling within its designated Program category, and the requirements set forth above. C. Funding • Upon receipt of City Council's approval, SWAC, by and through the Manager of the City Utility Billing Department as its delegated authority, will coordinate the reimbursement of funds with successful applicants upon approval and acceptance of the final accounting report by SWAC. • SWAC has authority to dedicate a percentage of the current fiscal year's Community Recycling Fund budget for SWAC—sponsored projects not to exceed 50% of said budget. • SWAC-sponsored projects shall otherwise comply with the application requirements set forth herein. D. Reporting • SWAC will submit an annual report to City Council regarding the Meridian Community Recycling Fund as part of its annual reporting requirements. City of Meridian Community Recycling Fund: Program Categories; Project Requirements, Application, Selection, Funding, and Reporting Process CVE LD iSz GYt4 City of Meridian Community Recycling Fund Application chis application is to be completed by individuals and organizations applying for funding from the City of Meridian Community Recycling Program Fund. This application must be completed in its entirety. Please use additional sheets of paper if necessary. Please note: Applications will only be considered if they comply with all of the Community Recycling Fund Program Requirements. Applicants may download a copy of the requirements from the City of Meridian's website or obtain a copy from the City Clerk's Office, the Utility Billing Department, or the Environmental Division of the City's Public Works Department. ❑ Project applicant has read and understands the Community Recycling Fund Program Requirements. Applicant's Name (individual, organization, company) Address City State Zip Code Contact Name and Title Phone Number Email Fax Number Describe the community recycling project you would like to have supported. Provide as much detail as possible including any drawings, designs, and other information that help to fully explain the project. Describe how this project will benefit the community. Describe the recycled materials to be used including manufacturers information if applicable. Please note: Applicants of construction projects must comply with City building permit requirements. ❑ Project applicant has read and understands the guidelines for requesting funds in connection with the City of Meridian Community Recycling Fund. Total funds requested Total estimated cost of project Describe how the community recycling funds will be used, the schedule for the project, and how the matching contribution will be determined if applicable. Describe the signage or other method of recognition that will be used to acknowledge the Community Recycling Fund, (plaque, standing sign, etc), and the location. Submit a drawing or design for the proposed signage to be used. Please note: Applicants must comply with City sign permitting requirements. .signature of Contact Person (We must have a signature to process your request) Date Return to: City of Meridian, Environmental Division of the Public Works Department, 33 E. Broadway, Meridian ID 83642 Phone: (208) 489.0379 Meridian City Council Meeting DATE: September 13 2011 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: Public Works: Second Addendum to Professional Services Contract with RIMI, Inc. for Mechanical Plan Review and Inspection Services MEETING NOTES krw) Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CMw**'IEF,T*=.., IDAHO Development Services Division TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton DATE: September 8, 2011 Mayor Tammy de Weerd City Council Memberu Keith Bird Brad Hooglun Charles Rountree David Zoremba SUBJECT: SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT - RIMI, INCORPORATED The Development Services Division of the Public Works Department respectfully requests the following item be placed on the September 13, 2011 City Council Workshop Agenda under Department Reports, for Council's consideration: Second Addendum to the Professional Services Contract with RIMI. Inc. to provide for a one-year extension of the existing contract terms and conditions for Mechanical Plan Review and Inspection Services. I. DESCRIPTION Background This addendum provides for a one-year extension of the existing contract terms and conditions for RIMI, Inc., for Mechanical Plan Review and Inspection Services. II. RECOMMENDED ACTION A. Move to: 1. Approve this Second Addendum to the Professional Services Contract with RIMI, Inc. to provide for a one-year extension of existing contract terms and conditions; and 2. Authorize the Mayor to sign the agreement, and the City Clerk to attest Page I of 2 III. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 IV. LIST OF ATTACHMENTS A. Second Addendum to Professional Services Contract with RIMI, Inc. Approved for 1. q. 20[ Development Services Manager Date Approved for Council Agenda: Tom Barry, Director of u lie Wt Date Page 2 of 2 SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT This SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT is made this day of September, 2011, by and between City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and RIMI, Incorporated, a corporation organized under the laws of the State of Idaho, whose address is 1105 NW Bluegrass Circle, Mountain Home, Idaho ("Contractor"). WHEREAS, City and Contractor entered into a Professional Services Contract on November 24, 2009 ("Contract") and a First Addendum thereto on June 21, 2011 ("First Addendum"); and WHEREAS, it is the Parties' intention that, except as expressly set forth herein, the Contact and the First Addendum remain in full force and effect; NOW, THEREFORE, in consideration of the foregoing, City and Contractor hereby agree as follows: A. That the term of the Contract, unless earlier terminated or extended, shall expire on September 30, 2012. B. That, except as expressly modified by this Second Addendum, all provisions of the Contract and the First Addendum shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Addendum, shall be deemed to enlarge, limit or otherwise affect the operation of the Contract, the First Addendum, or this Second Addendum. IN WITNESS WHEREOF, the parties shall cause this Second Addendum to be executed the date first above written. CONTRACTOR: By: C5� Terry,4. Medley, President RI I, Incorporated %0e7.- // CITY OF MERIDIAN: Thoihas'H. Barry — Public Works Director SECOND ADDENDUM TO PROFESSIONAL SERVICES CONTRACT PAGE I OF I Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: Planning Department: Discussion on Potential for City to Compose and Adopt a Future Acquisitions Map 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 6C Future Acquisition Map ,Background: SEP 13 - Ci ry OF CC(e mi,: CITY CLERKS p F'l:.c Idaho Code 76-6517, allows cities to adopt Future Acquisitions Maps (FAM). These maps are used to make known a city's intent to invest in parcels of land critical to the provision of services and infrastructure, within a maximum 20 year time frame. Staff has had a few meetings on this topic, discussing the pros and cons of Meridian adopting a FAM. Additionally; staff has had preliminary discussions twice with Council, most recently during the December 21St meeting in which the Comp Plan was the main topic. Staff has prepared some basic pros and cons, and would like to check-in with Council to see if there is any interest in further discussing a FAM, for very specific and critical needs. Critical and Specific Land Needs Identified W WTP upgrades — Facility upgrades/expansion of existing site Well upgrades - Sand filters for existing pumps Rail with Trail — Easement along RR corridor for pathway Other Needs The following areas may be considered for future additions to a FAM, if the City pursues a FAM, and as the City is able to fund projects: • 3`d Street extension • Acquire easements for connecting key sections of trails Benefits: • Enhanced ability to acquire critical parcels as they become available • Forward communication; no surprises • Notification of proposed development from/within Ada County Concerns: • Concern for devaluing land, or driving up the cost because it is known that it is a "critical" need • Concluding if there is really any value to adopting a FAM — nothing prevents the City from acquiring parcels using current tools • Timeline of events — have to be ready to act in a short timeline to budget/fand acquisitions as property becomes "available". Buy / condemn / let it go • Consideration for a timetable, ranking properties and priorities (e.g. —if all sites became available in the same year and funding is limited, which ones are passed over) • Interpretation of impacts of designating parcels for city acquisition Statutes Page 1 of 1 IF Idaho Statutes TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 65 LOCAL LAND USE PLANNING 67-6517.FUTURE ACQUISITIONS MAP. Upon the recommendation of the planning or planning and zoning commission each governing board may adopt, amend, or repeal a future acquisitions map in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code. The map shall designate land proposed for acquisition by a public agency for a maximum twenty (20) year period. Lands designated for acquisition may include land for: (a) Streets, roads, other public ways, or transportation facilities proposed for construction or alteration; (b) Proposed schools, airports, or other public buildings; (c) Proposed parks or other open spaces; or (d) Lands for other public purposes. Upon receipt of a request for a permit as defined in this chapter, or a building permit as defined in a local ordinance, for a development on any lands designated upon the future acquisitions map, the zoning or planning and zoning commission or the governing board shall notify the public agency proposing to acquire the land. Within thirty (30) days of the date of that notice, the public agency may, in writing, request the commission or governing board to suspend consideration of the permit for sixty (60) days from the -.date of the request to allow the public agency to negotiate with the land owner to obtain an option to purchase the land, acquire the land, or institute condemnation proceedings as may be authorized in the Idaho Code. If the public agency fails to do so within the sixty (60) days, the commission or governing board shall resume consideration of the permit. Nothing in this chapter shall limit a governing board from adopting local ordinances as required or authorized which include lands on the future acquisitions map. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I. C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. CHAPTER 44 City of Meridian Comprehensive Plan Natural Gas Intermountain Gas Company is the sole provider of natural gas in southern Idaho, including Meridian. Meridian is serviced by dual, high pressure natural gas pipelines that bisect the southwest part of the City's Area of City Impact. Communications Qwest Communications provides basic telephone service in the area and CableOne provides traditional T.V. and internet services. There are also a number of other wireless providers which also offer phone, television; and internet services. Future Acquisitions Map "Unless commitment The City is considering incorporating a Future Acquisitions Map (FAM) into the is made, there are Comprehensive Plan. Idaho Code §67-6517 allows the City to designate lands only promises and on a map that are proposed for public acquisition and/or facilities. To compose hopes, but no plans.'• this map, the City needs to first identify properties or areas where facilities Peter F. Drucker and infrastructure improvements are planned over the next 20 years.. Facilities and utilities that could be designated on this map include, but are not limited to: fire stations, parks, open space, and recreation areas, pathways, well sites, Waste Water Treatment Plant expansion lands, utility facility corridors, streets, overpasses and highways, and some properties downtown where infrastructure is planned. In 2010, Planning Department staff convened a group of agency and department representatives to explore potential facilities for inclusion on a FAM. This group will continue to work on putting together a FAM. City Staff will also evaluate, and make a recommendation to the City Council on whether this map should be adopted as part of the Comprehensive Plan, adopted by Council Resolution, or only used at the staff level. 44 City of Meridian Comprehensive Plan Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: Planning Department: Application with Ada County to Recognize City's Current Comprehensive Plan MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS September 13, 2011 Ada County Board of Commissioners 200 W. Front Street, Third Floor Boise, ID 83702 RE: CITY OF MERIDIAN TITLE 9 AMENDMENT REQUEST Dear Commissioners On April 19, 2011 the Meridian City Council adopted Resolution 11-784, amending the City of Meridian Comprehensive Plan. Adoption of the Comprehensive Plan Amendment culminates the City's nearly two year effort to reformat and update the Plan. As you know, the previous Comprehensive Plan was adopted in 2002; lots of changes have occurred in Meridian since 2002. In our opinion, the new document represents an improved guide for growth in Meridian and we would like the County to acknowledge the updated Comprehensive Plan. Pursuant to Idaho Code Title 67, Chapter 65 and our agencies' Title 9 Agreement, the City respectfully requests Board recognition and adoption of our new Comprehensive Plan. We propose an amendment to Title 9, Chapter 4 of Ada County Code to reflect the City's most up-to- date Comprehensive Plan. Please note that no changes are proposed to our approved Area of City Impact; this request is for text changes within the Phan only. City Staff will work with County Staff to ensure all County requirements and processes are followed to formally get this request on a future Board agenda. Should you have any questions about our Comprehensive Plan or this request, please contact Caleb Hood, 489-0572. We look forward to working with you and your staff in incorporating our new Comprehensive Plan into Title 9. Sincerely, Tammy de Weerd Mayor Cc: City Council Mark Perfect, Ada County Planning & Zoning Administrator Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-884-8isg . www.meridiancity.org Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: Planning Department: Airport Road - Overland Road Alignment Preference MEETING NOTES Q to -o WO,� 7v Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS f4 iv2 "''CHD'"" GOnw as tt JPiLV' September 7, 2011 TO: Mayor de Weerd and Meridian City Council Members FROM: Jeff Lowe, AICP, Sr. Transportation Planner SUBJECT: Airport Road — Overland Road Corridor Study Rebecca W. Arnold, President John S. Franden, Vice President Carol A. McKee, Commissioner Sara M. Baker, Commissioner David L. Case, Commissioner Planning & Programming The Airport -Overland Road Corridor Study was developed (through collaboration between the Cities of Meridian and Nampa, Nampa Highway District No. 1 and ACRD) to identify a direct route between the Nampa Airport/Garrity Road Interchange in Canyon County and the newly realigned Overland Road/Ten Mile Road intersection in Ada County. The primary reason for this route is to improve the east -west connectivity south of the Interstate. While other roadways exist in the area between the Interstate —Victory Road, Ten Mile Road, and Garrity Boulevard —they do not provide a continuous connection; an uninterrupted Overland Road would serve that purpose. As demand continues to grow on and around the Garrity Interchange, thereby causing more congestion, an additional east -west route provides drivers with another option for east -west travel (similar to how Franklin Road north of the Interstate functions). Of the six alternatives developed through input from stakeholders, the public, the cities, and the highway districts, Routes 2B and 2C emerged as the preferred alternatives. When considering alternatives B and C, neither option is clearly defined as being better than the other relative to purpose, environmental impact, operational performance, and cost. As noted in the final draft of the study, the Technical Advisory Committee (consisting of staff members from the aforementioned agencies) recommended 2B as the preferred alignment. From a congestion standpoint, the land -use jurisdictions' current comprehensive plans for the surrounding area call for low-density residential. The 2035 traffic projections show that existing road segments, Victory and Amity Roads, have sufficient capacity for the proposed land -uses south of the freeway. This condition could change if land -use jurisdictions' comprehensive plans are revised to allow for more intense uses. We understand that the need for 3 or 5 lanes for an Airport Road/Overland Road connection may change based upon the City's planning efforts over the next year, yet based upon the input we have received from Meridian during this process, the alignment would not change. As the transportation agency in this matter, the ACHD Commission will look to the City of Meridian for guidance in the selection of a preferred alignment. As such, ACHD is seeking correspondence from the City Council indicating a preference, or no preference should that be the case. Recognizing that continual assessment of the area around the corridor is vital, ACHD is looking forward to moving this study to completion and adopting the goals therein, and to continue communication and coordination with the City as planning and development occur in the subject area. Chapter 5 Preferred --Alternative 1 What is the preferred alternative? Alternative 2B was recommended by the TAC as the preferred alternative. The route is approximately five miles long, connecting the Ten Mile/Overland intersection on the east to the Airport/Garrity intersection on the west. The corridor will create four new intersections as it traverses east -west: at Black Cat Road, McDermott Road, Robinson Road, and Happy Valley Road. The new roadway will likely be posted at 45 mph, and is anticipated to carry up to 28,000 vehicles per day by 2035. Alternative 2B was refined to avoid property impacts and reduce costs at the east end of the corridor through the Busy Bee Gravel Pit at Black Cat Road and Lamont Road. The modified alternative avoids impacting the commercial structure west of Black Cat Road. Reclamation of the gravel pit is assumed to be complete by the time the alternative is constructed, and the pit filled with materials suitable for a roadway base. RECEIVE SEP 13 2011 CITY OF CMF ,W CITY CLERKS OFFICE Exhibit 5-2 graphically depicts the five -mile long Alternative 2B alignment. Alternative 2B was slightly modified (to the north) to avoid the structure west of Black Cat Road. ITD Project No. A009(990) July 2011 5-2 Preferred Alternative 2 What level of traffic is the new corridor anticipated to carry? 2035 regional traffic forecast modeling was based upon adopted agency plans, and conducted jointly by COMPASS and ACRD. Results indicated by 2035 traffic volumes along the corridor could range from 19,000 to 28,000 vehicles per day (Figure 5-1). Traffic projections indicate a 3 -lane facility will be sufficient for the corridor, as long as access is well controlled. However, changes to land use designations in agency Comprehensive Plans may affect future traffic volumes. The traffic analysis should be revisited as those plans are revised and new updates are adopted. Although future traffic volume forecasts may change, the centerline of the preferred alternative should not. Exhibit 5-1 2035 Projected Traffic Volumes (vehicles per day) The Traffic Analysis is included as Appendix B. 900 vnv ft* ► � ,� �,,00 64 SE'S i642 20 1� ISO `` 210 ,�► 654 NOW -Now 870 � � 40 2NA 0 00 1330 sir'" i► +I & &f 04o* 1#4 Aft as ## ow w as L mo, MRPORY NO 10 ioo a o up ISO "i 710100 -!V � � go 4 4 Rix4'40 '` X1`1 July 2011 lTD Project No. A009(990) Airport - Overland Road Corridor Preservation Study — Corridor Plan 5-9 3 How wide will the roadway be? The alternative is planned to be classified as an arterial roadway in both Ada and Canyon Counties. However, the roadway itself (total width, number of travel lanes, bike lanes, and sidewalks) will differ to accommodate roadway standards for each county and anticipated traffic volumes. The proposed right-of-way (ROV) width is 60 feet in Canyon County, and between 63 and 75 feet in Ada County. Land use decisions will determine appearance (width) of roadside features in Ada County. Final ROW width will be determined at that time. Proposed ROW widths will accommodate up to four lanes in Canyon County, and three lanes in Ada County (Exhibit 5-3). The roadway will have continuous sidewalks along both sides. Roadside bike lanes are planned between Ten Mile and McDermott Roads. Because the Canyon County section of the corridor is so developed, bike lanes were not included to avoid increasing property impacts. However, the City of Nampa is in the process of finalizing their bicycle and pedestrian plan. The plan will address parallel bike routes that do not use principal arterials. Exhibit 5-3 Three -Lane Roadway Section R/W Roadside bike lanes are planned for the Ada County portion of the corridor. Due to space constraints, bike lanes are not planned west of McDermott Road. CAN'Y'ON COUNTY RM TOTAL ROW = 60' ravel late I Center Lane I Tr *Width dependert upon agreements with local agencies ADA COUNTY TOTAL ROW : 63' • 75' M RNV ITD Project No. A009(990) July 2011 5-10 Preferred Alternative 4 Could the roadway be wider in the future? Current land use designations and projected traffic volumes indicate a three -lane facility will be sufficient. However, if land use designations change and additional traffic is anticipated, a larger facility may be necessary. Adjusting the roadway width will not adjust the route itself, but could have increased impacts on adjacent properties. In Canyon County, between Kings Road and Robinson Road, Airport Road is highly developed by residential uses and the City of Nampa has determined that the 60 -foot right-of-way (ROW) could be re -striped to accommodate four travel lanes. This adjustment would create no additional impacts to adjacent properties as the roadway width would not change (Exhibit 5- 4). A five -lane roadway in Ada County would require additional ROW. The additional impacts associated with the wider section are not significant and summarized in Exhibit 5-5. Exhibit 5-4 Expanded Roadway Section CANYON COUNTY SECTION BlaeWelk Trasel Lafte urn Lana TMVS ane TfaVe ane 6laewaIN ADA COUNTY SECTION Wdlh dependent upon agreements wiN local agencies July 2011 ITD Project No. A009(990) Airport - Overland Road Corridor Preservation Study —Corridor Plan 5-11 Exhibit 6-5 Expanded Section Impact Analysis Impacts are based upon existing GIS and aerial mapping, as well as CAD calculations. 5 How will the alignment be preserved? The objective of this study was to determine a preferred alternative route to improve connectivity between the Nampa Airport and Ten Mile Road. To document the preferred alternative, and help plan for the future roadway as development occurs, a roadway centerline was established (Appendix I). Should agencies determine the need to preserve additional right-of-way to accommodate the wider section, the centerline would stay as located, and the ROW width adjusted accordingly. However, since the roadway is planned to be constructed as development occurs, the centerline location may be slightly modified to accommodate development proposals as long as the mobility needs of the corridor are not compromised. ITD Prosed No. A009(990) July 2011 ADA COUNTY Three Lane Section Three Lane Section 75' ROW Five Lane Section 100' ROW Residential Units 2 4 Commercial / Industrial Units 1 2 Agricultural Acres 18.5 24.5 CANYON COUNTY Three Lane Section Four Lane Section 60' ROW 60' ROW Residential Units 8 The 60' ROW analyzed for the 3 lane section can be re -striped to accommodate a 4lane section. Therefore, the impacts do not change. Commercial / Industrial Units 6 Agricultural Acres 0 Impacts are based upon existing GIS and aerial mapping, as well as CAD calculations. 5 How will the alignment be preserved? The objective of this study was to determine a preferred alternative route to improve connectivity between the Nampa Airport and Ten Mile Road. To document the preferred alternative, and help plan for the future roadway as development occurs, a roadway centerline was established (Appendix I). Should agencies determine the need to preserve additional right-of-way to accommodate the wider section, the centerline would stay as located, and the ROW width adjusted accordingly. However, since the roadway is planned to be constructed as development occurs, the centerline location may be slightly modified to accommodate development proposals as long as the mobility needs of the corridor are not compromised. ITD Prosed No. A009(990) July 2011 CORRIDOR WIDE Three Lane Section Five Lane Section Residential Units 10 12 Commercial / Industrial Units 7 8 Agricultural Acres 18.5 24.5 Impacts are based upon existing GIS and aerial mapping, as well as CAD calculations. 5 How will the alignment be preserved? The objective of this study was to determine a preferred alternative route to improve connectivity between the Nampa Airport and Ten Mile Road. To document the preferred alternative, and help plan for the future roadway as development occurs, a roadway centerline was established (Appendix I). Should agencies determine the need to preserve additional right-of-way to accommodate the wider section, the centerline would stay as located, and the ROW width adjusted accordingly. However, since the roadway is planned to be constructed as development occurs, the centerline location may be slightly modified to accommodate development proposals as long as the mobility needs of the corridor are not compromised. ITD Prosed No. A009(990) July 2011 5-12 Preferred Alternative 6 How will access be managed? 7 What would the intersections look like? Traffic was evaluated at six intersections along the corridor What is Access Management? Access management along the corridor will be implemented as Access management involves limiting development occurs. This study identifies full access at the the number of direct access points, one -mile intersections but does not recommend any other like driveways and other roadways. In separate document, Nampa Municipal Airport RPZ Shift general, the more control then; is on strategy for managing existing or future access points. Existing the number and types of accesses, the access points along the corridor may be relocated and/or safer and more efficiently a corridor restricted in the future as land uses change or as development operates. Access can be controlled intersections are recommended at the east and west termini with medians and other physical occurs. It will be left up to the approving agency's discretion barriers, and through land use and development policies to determine future access along the permitting as new developments are corridor. proposed. 7 What would the intersections look like? Traffic was evaluated at six intersections along the corridor (Kings Road, Happy Valley Road, Robinson Road, McDermott Road, Black Cat Road, and Ten Mile Road). The configuration at the Airport Road / Kings Road intersection is addressed in a separate document, Nampa Municipal Airport RPZ Shift Impact Analysis. At each of the other five intersections, both traffic signals and roundabouts were considered. Because of the specific implications Based upon the traffic analysis and agency input, signalized of FAA guidelines at the Nampa Airport, the configuration at the intersections are recommended at the east and west termini Airport Road / Kings Road (Ten Mile Road and Kings Road). An existing signal is located intersection is addressed in a separate at Ten Mile Road; it was recently constructed as part of the Ten document, Nampa Municipal Airport RPZ Sh ft Impact Analysis. Mile Interchange project. Roundabouts are recommended at Happy Valley Road, Robinson Road, McDermott Road, and Black Cat Road. Exhibit 5-6 displays the proposed intersections along the corridor. It is important to note that the traffic analysis results provided the appropriate lane geometry for each intersection. It is likely that road widening would be necessary to accommodate the traffic signals/roundabouts at the intersections. However, specific impacts associated with intersection widening will not be addressed as part of this study. During final design, intersection geometry and associated impacts will be determined and any additional property impacts will be mitigated at that time. July 2011 ITE) Project No. A009(990) c ca CL L 0 �v L 0 U 1 U) c 0 •r. ca Z NU) d L 0- 0 0 v L 0 U v R 0 c ca z 0 O 0 n Q W it �* o. r 00I Jim rr�ir irr' v � V W z � p N O• UA N O p cm %AUA49�t Q WQ WILU w A Y W in wo W 06 Z_SE 0. �* o. r 00I Jim rr�ir irr' v � V W z � p N O• p cm w A Y W in wo W ��■ '+r► Z_SE 0. Airport - Overland Road Corridor Preservation Study — Corridor Plan 8 How is stormwater being addressed? The future corridor will be an urban roadway with enclosed stormwater drainage. Because this is different than the existing drainage facilities in the area, a conceptual drainage report was prepared to identify general pipe size and possible retention pond locations. Eight retention basins were located along the corridor, based upon soil conditions and responsible agency requirements. Placement of retention basins is based on low points in the vertical alignment, canal crossings, major street crossings, and availability of land to construct a retention basin. One infiltration seepage bed was identified at the Nampa Municipal Airport. A seepage bed is preferred over a retention basin near the airport to prevent standing water (and therefore control bird populations near the runway). A stormwater trunk line, which ranges from 12" to 18" to 24" as it runs along the corridor, was conceptually designed in accordance with ACHD and City of Nampa Guidelines, and will be located in the roadway ROW, within the agencies' utility corridors. The concept drainage layout is shown in Figure 5-6 and depicts the pipe size, retention basin locations and identifies the infiltration seepage bed. 9 Are there any unique physical characteristics along the alternative? There are several significant features within the study area that will impact design of the roadway. These include irrigation canals, topography, agriculture, and the Nampa Municipal Airport. Irrigation Canals Alternative 2B crosses four irrigation/drainage resources. Structures anticipated for the crossings, and used in the Opinion of Probable Costs, were a combination of two minor 48" pipe crossings and two box culvert crossings. The crossing structure was dependent on the size of the canal or lateral. 5-15 The Concept Drainage Technical Memorandum is located in Appendix G. Alternative 28 will cross four irrigation canals. ITD Project No. A009(990) July 2011 5-16 Preferred Alternative Topography Alternative 2B traverses the Busy Bee Gravel Pit east of Black Cat Road. For purposes of constructing the road in this location, the pit is assumed to be back-filled to an appropriate grade and with materials suitable for a roadway base. Costs to reclaim the pit to grade would be borne by the land owner. Agriculture The new roadway will cross existing irrigated farmland between McDermott Road and Ten Mile Road. However, the roadway is not proposed for construction until these properties re -develop. At that time, the land is assumed to be in non-farm use and would be served by city water facilities. Nampa Municipal Airport The Nampa Municipal Airport is located at the west end of the corridor and significantly impacts how the corridor intersects with Garrity Boulevard and/or Kings Road. There are unique roadway and intersection design considerations near the Airport, due to FAA regulations. One regulation for development near an airport addresses impacts to the Airport's Runway Protection Zone (RPZ). Anything located within an RPZ must meet specific height restrictions. For the Airport / Overland Road corridor, the RPZ affects items such as light poles and traffic signals at Airport Road / Kings Road / Garrity Boulevard intersection. The Nampa Municipal Airport is in the process of adopting an Airport Master Plan Update. The Nampa Municipal Airport is interested in looking at impacts associated with shifting the existing runway and RPZ approximately 1,200 feet southeast. A shift to the southeast would also shift the RPZ away from the Airport Road / Kings Road / Garrity Boulevard intersection which will need to be improved based on increased traffic volumes created by a direct connection to Ten Mile Road. An analysis of the impacts of a runway shift is documented in the Nampa Municipal Airport RPZ Shift Impact Analysis, which will be available on the City of Nampa's website. Existing irrigation facilities will likely transition to City water facilities as properties develop from current agriculture uses to non-farm activities. What is a Runway Protection Zone (RPZ)? The RPZ is an area off the end of the runway set aside to enhance the protection of people and property on the ground. Trapezoidal in shape, overall dimensions of the RPZ are determined by runway approach type and aircraft approach speed. Airport Planning Guidelines require 15 feet of clearance above a public roadway to safely accommodate vehicles without interfering with the aircraft approach surface. July 2011 ITD Project No. A009(990) U ca 0 c cc z 4) O 0 a L Q Airport - Overland Road Corridor Preservation Study - Corridor Plan 5-23 10 How much could the new roadway cost? An Opinion of Probable Cost was prepared for Alternative 2B, and accounts for costs associated with the engineering, design, and construction of the roadway, including drainage infrastructure. The opinion does not include any costs for ROW acquisition, as construction is planned as development occurs. The planning -level opinion of costs will be updated as agencies move into ROW acquisition, preliminary and final design, and construction. Based on the high-level analysis used in an opinion of cost, construction of the five mile Airport Road / Overland Road Corridor could range from $14 - $17 million dollars. All costs are shown in 2011 construction dollars. Construction costs are assumed to be primarily, if not all, developer borne when development occurs. Exhibit 8-8 Opinion of Probable Cost How will the roadway be funded? The roadway will be constructed as adjoining properties develop and as funding becomes available. By identifying an alignment now, ROW can be preserved as development occurs. However, local funding may be used to fill in gaps between developments to ensure a continuous route is built. 1TEMDESCRIPTION EXCAVATION TIMI TOTAL RANGE $330,000 $382,000 STANDARD 6" VERTICAL CURB AND GUTTER $503,000 $582,000 6" MINUS UNCRUSHED AGGREGATEBASE $827,000 $957,000 CRUSHED AGGREGATE FOR BA SE TYPE I $703,000 $814,000 PLANT MIXPAVEMENT $1,797000 $2,0812000 CONCRETE SIDEWALK $699,000 $809,000 PLANTER $55,000 $63,000 MINOR IRRIGATION CROSSINGS 48" pipe) $59000 $68,000 BOX CULVERT REPLACEMENTS $399,000 $462,000 IRRIGATION EXCAVATION(REALIGN CANAL $2,000 $2,000 DRAINAGEBASINS $60,000 $69,000 STORMWATERPIPE 12" $706,000 $817,000 STORMWATERPIPE I8" $760,000 $880,000 CATCH BASIN INLETS $99,000 $115000 SWPPP $331000 $446,000 REMOVALS $349,000 $471,000 TRAFFICCONTROL $365,000 $496,000 ROADWAYTRAFFIC ITEMS $153,000 $210,000 MISCELLANEOUS $390,000 $535,000 CONTINGENCY $2,040,000 $2,822,000 MOBILIZATION $1,010,000 $1,439,000 SUBTOTAL 511 639 000 - $14 520 000 ENGINEl1221NG $2,328000 $2,904,000 $13967000 - $17,424,000 ITD Project No. A009(990) July 2011 Chapter 6 Implementation What are the next steps? Through the Corridor Study process, several possible alignment options were reviewed, a preferred alternative was selected, and a centerline was established. Participating agencies will request the completed Corridor Plan be adopted by their respective elected officials, boards, and commissions. Formal adoption of the plan allows the agencies to evaluate future development for consistency with the preferred alternative. 2 What is the proposed alignment? A roadway centerline, generally following Alternative 213, was defined and documented in a metes and bounds legal description. The complete legal description is included in Appendix I. 3 When will the roadway be constructed? The proposed corridor is anticipated to be constructed as adjoining properties develop, and funding becomes available. Although no money is currently dedicated to constructing the corridor, selection of a preferred alternative now is necessary in order to establish a centerline and begin to preserve right-of- way as development occurs. How will the Corridor Plan be implemented? The Plan will be implemented during the land use approval process as development applications are received by the impacted agencies. Canyon County and Ada County have ITD Project No. A009(990) July 2011 6-2 Implementation different ways to achieve implementation, and are described below. Canyon County Nampa Highway District No. 1 and City of Nampa will continue to work collaboratively to achieve the intended outcomes of the plan. Together, NHD1 and City of Nampa will request application of Canyon County Ordinance 07-10-21 to prepare for declared future ROW. A ROW width of 70' from centerline will apply to the portion of the centerline alignment west of Robinson Road per section 1.A.4. East of Robinson Road, section 1.A.5 will apply and overlay 130' from proposed centerline. Right-of-way acquisition will be determined as development occurs. NHDI and City of Nampa will make decisions specific to each particular development in terms of precise location and width. Ada County ACHD and the City of Meridian recognize that a plan is never finished; continual assessment of the area around the Airport Road/Overland Road alignment is necessary to ensure that the goals of the plan remain valid and the purpose for the corridor is achieved. Going forward, the ability for implementing agencies to be adaptive to change is required so that the intended outcome of the plan — an arterial connection between the Nampa Airport and Ten Mile Road - is realized. The first implementation steps of the plan will be carried out concurrently with the planning of the Southwest Meridian area, which is anticipated to contain some modified future land use designations and a detailed roadway network. Many improvements, including construction of the subject corridor, will be realized by means of development project(s). Because corridor construction is based on new development, a strong coordinating and communication effort between Meridian and ACHD, and the private sector, is vital. Through their respective Planning and Development divisions, ACHD and the City of Meridian will maintain an effective July 2011 n0 Project No. A009(990) Airport - Overland Road Corridor Preservation Study— Corridor Plan 6-3 relationship and a consistent focus to achieve the intended outcomes of the plan. To this end, togetherACIID and the City will: • Be available to discuss projected outcomes relative to any suggested/proposed land use or roadway modifications to the adopted plan; • Will review proposed development in the subject area for conformance with the adopted plan; • Maintain communications with land users, property owners, government, non-governmental organizations, and developers participating in or affected by the plan; • Work with existing property owners to monitor traffic volumes in this area; includes potential installation of traffic mitigation measures that may be warranted on Lamont Road and other existing roadways; • Assist in coordinating activities to implement the plan, and to aid in more detailed land, transportation and infrastructure planning of the area, to ensure that the goals of the plan are correctly understood and put into practice; • Assist in strengthening cooperation by informing and educating the public and partners in order to maintain an informed opinion of the plan and to advise decision - makers on the range of options and the consequences of decisions; • Coordinate with Ada County on development review and implementation of the plan outside of City limits; • Jointly create a protocol to maintain a standard development review procedure specific to this plan. Protocol items requiring additional agency coordination include: increased communication before and during development review; joint use and updating of GIS layers including the Master Street Map; consistency in conditions of approval for projects in the study area; ITD Project No. A009(990) July 2011 6-4 Implementation defining reasonable temporary roadway termini during incremental development; procedure to address separated roadway segments and ways to potentially in- fill gaps; avoidance of land -locked properties; phasing of segments; procedure to require dedication and construction of roadway through development review and approval; and, • Jointly explore alternative funding sources to have in place a remedy for shortfalls that may occur to be able to maintain the integrity (function) of the roadway. In their own capacities, each entity will have separate efforts that will forward the expected goals and outcomes of the plan: ACHD will: • Continue to monitor traffic data for impacts in the area, particularly on Lamont Road, and implement traffic mitigation measures as deemed necessary; and, • Maintain the Master Street Map to delineate the adopted alignment and update roadway details as development or planning changes occur. Meridian will: • Adopt the study by reference in the City's Comprehensive Plan; and, • Make appropriate amendments to city code to ensure consistent development of the roadway and intended outcomes. The responsibility for putting the plan into effect rests with agency staff, decision -makers, and the property owners and developers in the area working together. July 2011 ITD Project No. A009(990) Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: QJ PROJECT NUMBER: ITEM TITLE: Planning Department: Transportation Priorities 2011 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 September 8, 2011 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: Transportation Priorities September 13, 2011 City Council Workshop Agenda Item On August 4th, Meridian's Transportation Task Force (TTF) discussed and prioritized roadway, highway, intersection and pedestrian improvements for Council consideration. During the September 13`h City Council workshop, City staff would like to present the TTF's priority recommendation lists and ask Council to endorse the project lists so they can be sent to COMPASS, ACHD and ITD. r For 2011, ACHD provided the City and the TTF with updated Level of Service (LOS) information as well as updated scoring and ranking criteria which were considered by the TTF. Most of the TTF's changes to priority order reflect congestion/LOS, or for projects that are budgeted for 2012, those projects moved down in priority (the priorities for 2011 will be considered for programming in FYI and beyond so there is no need to have CN 2012 projects as high priorities.) In summary, some changes were made to the priority lists by the TTF, but most of the changes can be attributed to LOS or other technical criteria, or for projects moving into construction, moving down in priority order. Community Programs Last year's priority list was used as a starting point for drafting the City's 2011 Community Programs (CP) list of priorities. The TTF recommends applying for six new priority projects. NOTE: Unlike roadways and intersection projects, the priority order of the CP projects is not critical. ACRD is trying to scope and build many projects, as they have committed a significant amount of their budget to congestion and pedestrian projects. If the Council concurs with the TTF's recommendations, Staff will submit the list to ACHD and prepare CP applications for the six projects labeled in BOLD as "NEW" in the right hand column below. Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 • Fax 208-888-6854 . www.meridiancity.org Page 2 2011 Community Program Priorities 2011 Priority Project Comments Project Status Rank (2010 Rank) 1 (1) Washington, NW 5th to In house design currently under way at CN 2013 w/ Split Corridor Main ACHD. Carlton, 1 st to Main, is a No change related/concurrent project moving forward on same schedule. These projects, along with Carlton, W. 8th to W. 4th, will create full usable system from Meridian Middle to Meridian Elementary and on to Cole Valley School. Please keep both on track and coordinate with Split Corridor Phase 2, or before if possible. 2 (4) Carlton, W. 8th to W. East -west route between Meridian Broken into 2 phases; 4th; North to Elementary and Meridian Middle schools, CN phase 1 and 4th, Wash — Washington at NW 4th with extension across Meridian/Main to Cole Carlton 2013 Valley. Project ties in to facilities on W. 8th No Change Street and connects to improvements planned on Washington/Carlton (Priority Rank 1). 3 (7) W. 4th, Broadway to Create connection from Fairview to Meridian Broken into 3 phases; this Maple Elementary, and south across Pine. May phase needs to be programmed require pedestrian crossing at Pine. Existing No Change pole and flashing school zone light/sign at Pine/W. 2nd; striped crosswalk at Pine/W. 1st. Adjacent to Meridian Elementary, within / mile of Meridian Middle school. 4 (8) W. 1 st, Broadway to West side of roadway — extension needed for Scoped; needs to be Pine connection to existing sidewalk approaching programmed Meridian Elementary school. W. 1:i at Pine is No Change designated elementary crossing with guards; main entrance for buses and parking. Partial sidewalk exists, but block between Idaho and Broadway missing; other portions substandard. 5 (9) Broadway, W. 7th to North side of roadway to use existing CN 2013 w/ Split Corridor Meridian (disconnected) sidewalk. Project only goes No Change from W. 4t" to Meridian. 6 (10) Locust Grove, McMillan Sidewalk needed on west side of roadway. Scoped; needs to be to Chinden Three parcel connection needed (LDS programmed Church, Alpha and Allmon) to tie existing No Change segments together. Central Academy and Foundations Academy are within % mile. Shoulder along Locust Grove is not very wide. 7 (21) Linder, RR to Franklin . Fill in the gaps in the sidewalk on the west On hold due to RRX side of the roadway, between the railroad No Change tracks and Franklin Road. Page 3 8 (23) Pine Avenue, Linder to Ocean g(11) McMillan, Schubert to Schumann 10 (12) S. Locust Grove at Palermo There is a gap in the sidewalk on the north side of Pine Avenue, between Mineral Wells Avenue and Rotan Avenue. There are many children that walk to Meridian High in this area. This gap in infrastructure is about 850' long. One parcel on north side preventing entire mile (Locust Grove to Eagle) from being continuous sidewalk. With regional park at Eagle/McMillan this gap needs filling. If right- of-way for sidewalk in ultimate location does not exist, please consider interim improvements as maintenance project. No good pedestrian connections from subdivisions on west side of Locust Grove Road to Sienna Elementary, west of Eagle Road. Add flashing lights/ped signal, crosswalk and signage across S. Locust Grove at/near E. Palermo (add short section of sidewalk). Scoped; Needs to be programmed No Change Scoped; ROW needed No Change Needs to be discussed w/ JSD#2 and programmed No Change 11 (16) Ridenbaugh North of Victory, need a pedestrian crossing On hold Pathway/Eagle Rd. of Eagle Road at the Ridenbaugh Canal. Add No Change Crossing (Copper Pt— signage, stripe cross -walk, install solar in - Easy Jet) pavement flashers, HAWK signal, etc. Part of pathway system, Segment F. Parks' Priority #6. 12 (17) Five Mile Creek Path - Connect Bud Porter Pathway with Fairview Scoped; Meridian Rd./Lakes Ave. via James Court. Add signage at James Needs to be programmed Ave.(Segment G) Court, stripe on -street crosswalk and install No Change solar in -pavement flashers, HAWK signal, or other. Parks Department Priority #1. 13 (18) Carlton, W. 1st/Main The project proposes a 5 -foot -wide attached sidewalk with curb and gutter on the south side of Carlton Avenue from 1st to Main. The project seeks to increase sidewalk connectivity for pedestrians and will maintain on -street parking as a neighborhood amenity. The sidewalk will be built within ACHD right- of-way. This project will create a Safe Route to School connection for Meridian students by providing pedestrian facilities to Cole Valley Christian School. 14 (13) Victory, Observation Pt. Out -Parcel 500' -gap in sidewalk between Observation Point and the convenience store on the Meridian/Victory intersection. ROW necessary for project should currently exist. No nearby school, but neighborhood (Observation Point is the HOA) has requested this project as the residents do frequently walk to the nearby services via this route. CN 2013 w/ Split Corridor II No Change CN 2012 No Change* Page 4 15 (NA) Linder, McMillan to Safe Route to School request. NEW - Add to priorities; Divide application not needed 16 (NA) Locust Grove, Overland Out parcel near Mountain View HS. ACHD NEW - Add to priorities; to Puffin development services is working with application not needed property owner to get connection made. 17 (NA) Black Cat and Moon Safe Routes to School request. Pedestrian NEW -Add to priorities; Lake signal at Black Cat and Moon Lake for kids application not needed crossing Black Cat to get to school. 18 (19) E. 3rd and Ada St Install HAWK signal at Franklin/E. 3rd (Storey Scoped; Needs to be Park) and stripe bike lane/route on both sides programmed of E. 3`d and Ada Street to Main. Part of Maybe move up request with bicycle route for downtown. Parks Split II in 2013 Department Priority #11. Prefer project to Maybe move up request with be done with Split Corridor Phase II (2013) Split II in 2013 19 (20) Five Mile Creek Phase II of Fairview to Pine pathway along Scoped; Needs to be Pathway - Pine Ave Five Mile Creek. Extension of CDBG project programmed Extension (Segment along north side of Pine and Five Mile Creek. No change H1) Construct pathway on north side of Pine. Ped crossing needed. Additional improvement needed on Pine from Downtown to Locust Grove for pedestrian/bicyclist safety. Parks Department Priority #3. 20 (22) Linder, south of Fill in the gaps on the east side of the Scoped; Needs to be Franklin (Verbena — roadway. Very small amount of sidewalk programmed Pintail) could make a continuous connection from the No change Franklin/Linder intersection. 21 (24) 2695 McMillan Road Between Linder and Ten Mile there is a small Scoped; Needs to be gap in the sidewalk on the south side of programmed McMillan (between Bridgetower and Caymus No change Cove Subdivisions). This gap is only about 30' long and is part of the "flag" of a county - zoned parcel. This gap would create continuous sidewalk on the south side of McMillan between Ten Mile and Linder. 22 (25) McMillan, Goddard Need pedestrian access to/from Hunter No Go w/ ACHD Creek to Palatine Elementary across McMillan. Children in this No Change area also attend Sawtooth Middle School. Please consider new cross -walk to access school south of McMillan. 23 (26) Locust Grove, Paradise Interim/temporary connection (Paradise to Interim to Settlers Bridge Sub. Red Rock) constructed in 2010. Please keep Construction long-term solution on radar for more Complete 2010 permenant fix in the future. No change 24 (NA) NW 4th Half street with missing sidewalk. Pedestrians NEW -Add to priorities; apply to have to jump a drain ditch, there are power ACHD poles in the sidewalk, and a pole in the street. Tim Curns lead. 25 (NA) E. State, 3`d and 41h Lloyd Kennedy, a property owner in this NEW - Add to priorities; apply to block, requests this block be retrofitted with ACHD sidewalk. His is the only property with sidewalk currently and it is in disrepair. Caleb Hood lead. Page 5 26 (NA) 27 (NA) 28 (NA) Duane Drive, Ustick to Duane is currently a rural street with no curb, Redfeather gutter or sidewalk. Recently, Duane was opened up to connect with Redfeather Subdivision. Duane is approximately'/ mile long and straight. Kids (and others) walk up to Ustick to catch the bus and get to other services. Request for pavement widening and/or sidewalk, curb and gutter on at least one side (east probably, due to less vegetation.) Caleb Hood lead. Meridian Rail -With -Trail Meridian /Quintessa Crosswalk 29 (NA) Eagle Road, Falcon to Victory 30 (2) Ustick, Ponderosa Elementary to Linder East-West pathway connection within and/or adjacent to the railroad corridor. This pathway should extend throughout Meridian and connect with Nampa and Boise, creating a regional multi -use pathway. Main request at ACHD is for crossings at arterial intersections. Parks' Department Priority #4. Caleb Hood lead. Crosswalk for children crossing Meridian Road to get to Heritage Middle School. Caleb Hood lead. Property owner request to ACRD. Bus stop on Eagle near Falcon. ACHD now has ROW Only missing piece of sidewalk on the south side of Ustick in the mile between Ten Mile and Linder is in front of Malone parcel. Only gap in sidewalk system to Ponderosa Elementary west of the Ten Mile Sidewalk is in front of an ACHD-owned parcel on the SWC of Ten Mile/Ustick. Would tie into improvements recently constructed at Ustick/Linder intersection. Improvement in front of these two parcels creates continuous sidewalk system between Ponderosa Elementary and Sawtooth Middle and removes safety busing requirements. Sidewalk only; no curb, gutter, etc. requested. NEW - Add to priorities; apply to ACHD NEW -Add to priorities; apply to ACHD NEW - Add to prioirities; apply to ACHD NEW - Add to priorities; application not needed Partially complete; remainder of project CN w/ Ten Mile/Ustick intersection; move down 31 (5) Eagle, Zaldia to Victory Two parcels prevent continuous sidewalk, CN 2012; move down one federal owned, the other a private property owner. Narrow shoulder - high speed, high volumes of traffic. Children walk to/from Sienna Elementary along this route. Regional City Park is within '/ mile. 32 (6) W. 8th, Pine to Carlton Southern half of segment west of roadway CN 2012; move down needs sidewalk; entire east side needs sidewalk. Route for both students at Meridian Elementary and Meridian Middle. Cherry to Camellia working on north side of sidewalk infrastructure via stimulus funds in 2010. Page 6 -3 East o 1/2, Fa.n,.e.., to Connect to Cole Valley gGhGGI. MeridianCompleted with asphalt; Carltew Elementary (less than 1' mile Rest Off; c., (1ISE mile), Cole Valley Christian School (abutting), and other downtown gathering -and Remove 44 4010 MeFidman Read destination points a near then eGt One property e on east s de of Meridian Complete; Out pArnpI Read hetweenl Ist'gk and McMillan. !_an is 100' long; net eneugh ROW to construct 'nits Remove sidewalk ultimate location.k ati C_4tl Park. u is wgth'n V ri le Gh'Idrerl attend'r.g,LJ Middle School frem .6 Je 12IPaqPnnnqideme erim itnc�en..kents as mawntenanGe prqjeGtj 45 e MM: d,,, , He: tugs nne -Ulf-mate right of way dens not exist t aGGommodate request. Developer is requiFed tG GORStrUGt sidew Complete; to Q intta_�ar„tesla nr ad•a ent to this future phase of ventana Subdivision. sign Btit may he a long time before _ development egg r Request for tempoFaFy connection as sGheel is directly to the south Remove Net Prioritized Settlers Creek Pathway of this site and m . Lids walk this s4retrh eF readwaJ. BFing together t.ae e sting pathway Complete; _ nest' Cave (Segment ) segments by adding short Pennegtion. Cethe •II Pathway. Das De d rksm nt Remove Not Prioritized South Slough Pathway Priem Widen pathway stub and sidewalk connection Not in ROW, will not score well — CrossfieldNallin to 10' east of Summersby. Extension to the at ACHD; Courts Bud Porter Pathway. Parks' Department do not apply Priority #10. Not Prioritized Five Mile Creek Just over 1 mile of pathway on the north side In process with Parks; Pathway — Ten Mile to of the Five Mile Creek near Bridgetower Sub. do not apply Linder (Segment E) Pathway traverses HOA common lot and parallels Ustick. Parks' Department Priority #5 and #9. Not Prioritized Bridgetower-Sawtooth Close gap on 40 -acre site along Nourse Not in ROW, will not score well Connection Lateral, between Linder and Sawtooth Middle at ACHD; School. Parks' Priority V. do not apply Page 7 Roadways and Intersections During the August 4t meeting, the TTF reviewed and prioritized roadway and in . p y intersection projects. Below is the TTF's final recommendation to the City Council for 2011 riori • priority projects. Page 8 Page 9 Page 10 2011 Intersection Priorities City's Priority Rank 2011 (2010 Rank Pro'ect Status Staff comments and recs 1 (4) U#NU0csi Grave 2015 in P. LC1^E.....- .,�,�..:.- 2 (6) Ustick/Meridian - PQ ect Regionally significant Federal Aid projI.*....:I :-- (VC� 1- 3 (7) Black Cat/Franklin 2015 .�*:..I:.� .- Regionally significant Federal Aid project NC 4 (9) Black Cat/Ustick Not in FYWP NC CIP = 2019- 2017 but unfunded; ROW preservation only 5 10 Ten Mile/Amity PD Move up � 6 (11) Overland/Linder Not in FYWP or NC CIP 7 (13) Ten Mile/Chinden Not in FYWP NC 8 (14) Chinden/�di�n Not in FYWP,' ; f�C CIP or TTP ;; 9 (15) Chinden/Locust Grove Not in FYWP, NC CIP or TIP 10 (17) Chinden/McDermott Not in FYWP or New in 2010 CIP 9. L;:11 (24) Gh+�rry/Linder "' �Ic�t in FYWP or LOSE CTP Move u 12. (25) FairviewJLQcus� Grove ' Nat in FY1NP` 'LOSE Move up 13 (12) Amity/Eagle UP New in 2010 LOA A Move down 14(l) Ten Mile/Ustick CN 2012 in CN -Move down or remove budget 15 (2) Pine/Linder CN 2012 in Move down or remove budget' 16 (3) Ten Mile/Victory Temp Move down intersection in L 2012 Page 11 17 (5) Locust Grove/Victory Temp Move down intersection in 2012 18 (8) Black Cat/Cherry Temp Move down intersection in 2012- 19 (18) Franklin/McDermott Not in FYWP or New in 2010 CIP 20 (19) Black Cat/McMillan Not in FYWP or New in 2010 CIP 21 (20) McMillan/McDermott Not is FYWP or New in 2010 CIP 22 (21) Ustick/McDermott Not in FYWP of New in 2010 CIP 23 (22) Cherry/McDermott Not in FYWP or New in 2010 CIP 24 `(23) Star/Ustick PD In FYWP Shared w/ Nampa Shared w/ Nampa HD HD -16 Chinden/Linde Net an FYWP UnFdler P_RNR1_4_N_'e*_.e1R1 Gip — 20M Remove �8 1—H+Develepe� Geeperative AGH6 NOTE: Another potential CP project came up after the TTF made their recommendation to Council. Staff would like to discuss the merits of including a request to ACHD for a new intersection/RR crossing on Linder Road. It does not look like the RR x-ing will be done with the Pine/Linder intersection as we had previously hoped. Does the Council want to add this priority to the intersection list? In addition to ranking the need of the projects (tables above), ACHD is once again asking each city and the county to submit narratives for a few of the higher priority projects. You may recall that with the new scoring and ranking process at ACHD additional points may be awarded for projects that have "other" important factors that are not part of the technical scoring criteria. For example, if there is imminent economic development that will be realized, or if a project is on a VRT bus route, or if the City has infrastructure projects planned (e.g. — sewer main, water line, etc.) in their CIP, or if there are matching/partnership funds, those are projects where narratives can "bump" a project up. This year the TTF did not make a recommendation on which projects should have narratives. However, staff proposes narratives for 3 of the 5 projects as last year: Meridian -Main Split Corridor; Ten Mile, Ustick to McMillan; and Linder Road Overpass (Black Cat/Cherry and Locust Grove/Victory, the other two project narratives for last year, are both planned for interim improvement in 2012). Are there any other projects the Council would like staff to submit narratives for? Franklin, Ten Mile to Linder? Ten Mile, Cherry to Ustick? Ustick/Locust Grove? Page 12 ITD Projects The TTF's recommendation for ITD/State priorities is as follows: 1) Meridian Road Interchange Rebuild, 2) Widen 20/26, 3) Linder Road Overpass, 4) Eagle Road Corridor Improvements, and 5) SH -16 Extension. During the August 4 1 meeting, the TTF did discuss pointing out that intersections, instead of widening, would be a logical phasing plan for improving the US 20/26 corridor. Does the City Council want to break-out and specify State intersections on our priority list? September 13, 2011 Bruce Wong Director Ada County Highway District 3775 Adams Street Garden City, ID 83714 Dear Director Wong, The City of Meridian appreciates the opportunity to submit the attached list of transportation projects for consideration in the 2013-2017 Five Year Work Plan (FYWP). The City is encouraged by the changes the District is making to the way projects are programmed in the FYWP. The City values the technical safety and congestion data that you have shared with us. This safety, congestion and cost -benefit information was critical in drafting this year's list of priority projects. The City is also thankful for ACHD staff attendance at the Transportation Task Force meetings in recent months, for the many questions they have answered, and for generally assisting the Task Force and City as we navigate through the programming process. I also want to express the City's gratitude to ACHD for ensuring that improvements along Ten Mile Road, both north and south of I-84 were constructed before the new interchange opened this summer. We really do appreciate you acknowledging that the Ten Mile/Franklin intersection and Ten Mile roadway widening was critical to the efficient movement of goods and services to and from the Ten Mile Interchange. Going forward, we are hopeful that there are more projects that the City, ACHD and ITD can work together on to improve the overall transportation network. The City strongly believes the attached prioritized list is not a wish -list of niceties but rather an identification of Meridian's worst transportation system deficiencies. However, the City understands the challenge ACHD faces with a backlog of essential projects and a lack of funding to adequately address constituent needs and support you in your quest to get the biggest bang out of a lesser buck. Please find attached a list of priority roadway and intersection projects compiled by the Meridian Transportation Task Force and subsequently endorsed by the Meridian City Council on September 13, 2011. Please communicate with Caleb Hood, 884-5533, with any substantial changes or issue that may arise regarding the City's lists of priority projects. Planning Department . 33E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 • Fax 208-888-6854 . www.meridiancity.org Page 2 Thank you for your time and consideration of these requests. Sincerely, Tammy de Weerd Mayor Attachments: 1) Meridian 2011 Roadway Priorities 2) Meridian 2011 Intersection Priorities Cc: ACHD President and Commission Matt Edmond, Senor Transportation Planner, ACHD Toni Tisdale, Principal Planner, COMPASS Page 3 Attachment 1: Meridian 2011 Roadway Priorities 2011 Roadway Priorities* * Does not include State/ITD projects Page 4 Attachment 2: Meridian 2011 Intersection Priorities 2011 Intersection Priorities* * Includes joint ACHD-ITD projects September 13, 2011 The Honorable David Ferdinand Chairman, COMPASS Board 800 S. Industry Way; Ste. 100 Meridian, ID 83642 Darrell Manning, Chairman Idaho Transportation Department 3311 W. State Street PO Box 7129 Boise, ID 83707-1129 Dear Chairman Ferdinand and Chairman Manning, This letter is being written in response to COMPASS' recent call for projects. The City of Meridian appreciates the opportunity to submit priority project requests for consideration in the COMPASS 2013-2016 TIP, and the ITD 2013-20116 ITIP. On September 13, 2011, the Meridian City Council endorsed priority transportation projects. Most of these projects are regionally significant, some projects are on the ACHD roadway network and some are on State facilities. We would like to share with you our highest priority, regionally significant, State projects. Compiling the list of projects for programming is an enormous undertaking, and the City commends COMPASS and ITD staff on the work that goes into drafting and maintaining the TIP and ITIP. The City realizes that there are many needed projects throughout the State and in the Treasure Valley, and precious few dollars to improve the transportation system. We understand that maintaining the current highway infrastructure is typically more important than expansion. However, we believe that the State and local transportation agencies must program for some system expansion in the near future. Therefore, the City submits the following projects for inclusion in the next TIP and ITIP: 1. Meridian Road Interchange Rebuild (ITD project) The existing Meridian Road Interchange at I-84 and Meridian Road creates a safety and congestion problem for the region. The existing Meridian Road Interchange was constructed forty years ago as a rural interchange with no pedestrian or bicycle facilities. For many years the Meridian IC has provided adequate vehicular connectivity north - south across, and east -west access to 1-84.Today, however, the bridge is not sufficient to safely handle the increased traffic demands or meet the pedestrian needs. Further, the Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 • Fax 208-888-6854 . www.meridiancity.org Page 2 2008 sufficiency rating for the Meridian IC bridge was 30.8 - Structurally Deficient (ITD, February 11, 2008). The state of the current bridge deck warrants programming funds for the repair, or hopefully a full rebuild, of the interchange. The City of Meridian understands the financial realities facing transportation agencies today. However, the existing interchange creates such a barrier to efficient movement of people, goods and services, that it must be upgraded, even if it causes other operation, preservation, rehabilitation or expansion projects to be delayed. Unfortunately, the Meridian IC rehabilitation project was removed from the 2011-2014 STIP (Key No. 11589), and we would like to see it reinstated and the scope expanded. The City of Meridian appreciates that ITD and COMPASS have requested Federal funding to rebuild this interchange via TIGER grants recently. However, wishing and hoping for a grant to be awarded is not enough. The State must find a way to program the approximately $35 Million it would cost to build this project. The City is eager to continue working with COMPASS and ITD to look for ways to reconstruct this interchange. 2. Chinden Boulevard — U.S. 20/26 (ITD project) A significant amount of time, effort and other resources have been spent on studying and developing plans for US 20/26. There is an access management and corridor preservation plan for the US 20/26 corridor; a corridor that includes parts of Caldwell, Nampa, Star, Eagle, Meridian and Boise. ITD has been programming money to study and preserve right-of-way for this corridor since the late 1990's. Without any substantial funding commitment for right-of-way preservation, and eventually construction, there will undoubtedly be new homes and businesses that will ultimately increase the overall project costs. By including funds for right-of-way preservation in the ITIP now, the State can avert additional and avoidable mitigation costs in the future and keep this regionally significant project moving forward. The City understands that constructing the entire corridor, from I-84 to Eagle Road, will be expensive. That is why we would like to partner with ITD and COMPASS to figure out what logical and reasonable sequencing for construction of this corridor could be. At a minimum the City would like to see some money programmed for right-of-way preservation and new intersections along the corridor in the upcoming TIP and ITIP. To make ITD aware of the City's highest priorities, the City respectfully submits a list of Meridian's most needed State -facility expansion projects, in priority order, for your information (attached). In addition to the detailed projects listed herein, the City also supports ACHD in pursuing STP -TMA funds for the intersection rebuild at Meridian/Ustick and for the Franklin Road corridor, an I-84 detour route. Again, the City of Meridian greatly appreciates the opportunity to share our transportation priorities and we look forward to working with you on getting them into the TIP and ITIP. Sincerely, 2 Page 3 Tammy de Weerd Mayor Cc: Toni Tisdale, Principal Planner, COMPASS Mark Wasdahl, Project Manager, ITD Sabrina Anderson, Planning Manager, ACHD Page 4 Attachment: 2011 Meridian Priority List INSERT TABLE AFTER COUNCIL ENDORSEMENT * Possible Joint ACHD-ITD project 11 September 13, 2011 Bruce Wong Director Ada County Highway District 3775 Adams Street Garden City, ID 83714 Dear Director Wong: On behalf of the City of Meridian please find attached applications for Community Program projects within Meridian. I would like to thank ACHD for the opportunity to submit these applications and for investing in pedestrian projects in the community. Recently we have seen some great Community Program projects completed in Meridian. Namely the HAWK signal on Meridian Road between Cherry and Ustick, the sidewalk improvements to Meridian Road near Heritage Middle School, and the gaps in the sidewalk you have filled in along Eagle Road, near Victory Road and in the 4000 block of N. Meridian Road. These improvements greatly enhance the safety of our residents, particularly youth and other non- drivers. We thank you for those projects and look forward to the completion of other Vehicle Registration and Community Program projects in Meridian. While composing the list of project requests for this year, special attention was given to projects on school routes, on the City's pathway network, and downtown. Again this year, Meridian's Transportation Task Force (TTF) worked with Joint School District #2 and members of the City's Parks and Recreation Department in composing the priority list of Community Programs projects. The City also worked closely with ACHD staff; we appreciate ACHD staff involvement and assistance in crafting the list of priorities for this year. I would like to note that the City believes all of the applications attached, and all of the applications we submitted last year, are important. The City now has a request list of 32 Community Program projects, six of which are new this year. We do not view the projects on our request list as enhancements, but rather necessities that will create a safe, efficient, and Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-884-8ii6 . www.meridiancity.org Commissioner Huber Page 2 accessible pedestrian and bicycle network for residents in the community. As part of this process, the Meridian City County endorsed the attached Community Programs projects. As always, thank you for considering our projects in the upcoming planning, programming and scoping processes. If you have any questions regarding this information, contact Caleb Hood with the City of Meridian Planning Department at 884-5533. Sincerely, Tammy de Weerd Mayor TDW/ch Enclosure cc: Justin Lucas, ACHD Senior Transportation Planner City of Meridian Community Programs Priorities INSERT PRIOIRTY LIST AND 6 APPLICATIONS AFTER COUNCIL ENDORSEMENT Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 6L ITEM TITLE: Clerks Office: Discussion on Official City Seal MEETING NOTES Q -e Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 01 ck ED A �GUs �.9 o� MIE City of Pl D I A N;- IDAHO of the TREAS�/ Op}low CITY OF (EIZIDIAN IDAHO ESTABLISHED 1893 INCORPORATED AUGUST 1, 1903 loft ��0) he TREA Op+lo� Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 6K PROJECT NUMBER: ITEM TITLE: Police Department: Mutual Aid Agreement with Elmore County Sheriff's Office for Law Enforcement Services at Gunfighter Skies 2011 Air Show on September 17 and 18, 2011 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 LAW ENFORCEMENT MUTUAL ASSISTANCE AGREEMENT This Law Enforcement Mutual Assistance Agreement ("Agreement") is entered as of this 13`h day of September, 2011 ("Effective Date") by and between the City of Meridian and Elmore County, and each of the above entities' law enforcement departments, all being political subdivisions or governmental entities of or within the State of Idaho or the United States of America, herein referred to as "party" or "parties." Recitals: A. Each of the parties hereto is a "public agency" as defined by Idaho Code Section 67-2327, and Is therefore authorized to enter into a Joint Exercise of Powers Agreement under Idaho Code Section 67-2328, and B. Each of the parties, as a "public agency," is entering into this Agreement under and pursuant to Idaho Code sections 67-2337 and 67-2338 and by resolution or ordinance or as otherwise pursuant to law enacted by each party pursuant to Idaho Code Section 67-2328(b), and C, The Idaho Legislature has authorized cities, political subdivisions and the United States to enter into agreements for mutual aid and assistance, and for the exercise of police powers with the jurisdiction of requesting entities pursuant to such agreements, Idaho Code sections67-2337, 67-2328, and 67-2332; and D. Each of the parties hereto have an interest in law enforcement, protection, and control, and all parties have accredited police units; and E. Each of the parties own and maintain equipment and employ personnel who are trained to provide law enforcement, protection and control; and F. Each of the parties have sufficient equipment and personnel to enable it to provide such assisting services to another party under this Agreement for the Air Show as hereafter defined; and G. The Mountain Home Air Force Base Is hosting the Gunfighter Skies 2011 Air Show on September 17 and 18, 2011 ("Air Show") on the Mountain Home Air Force Base ("MHAFB"); and H. The Elmore County Sheriff's Office ("ECSO") does not have a sufficient force of officers available to handle the expected traffic control and other law enforcement matters that accompany the Air Show; and I. It would be of benefit to Elmore County, City of Mountain Home, the United States Air Force and other southwestern Idaho cities and counties for peace officers from other jurisdictions to assist with traffic control, traffic safety, respond to emergency calls, and assist in prevention, investigation, and enforcement of all laws of the State of Idaho, the City of Mountain Home and Elmore County and address any other safety issues arising during the weekend of September 17-18, 2011, during the Air Show. J. Each of the parties hereto have volunteered to assist the Elmore Count Sheriff's Office with providing traffic control, traffic safety, respond to emergency calls, and MUTUAL AID AGREEMENT BETWEEN CITY OF MERIDIAN AND ELMORE COUNTY SHERIFFS OFFICE PAGE 1 OF 4 assisting with the prevention, Investigation, and enforcement of all laws of the State of Idaho, the City of Mountain Home and Elmore County during the Air Show. Agreements: NOW, THEREFORE, subject to the limitations of this Agreement and in order to provide the above mutual aid assistance between the parties, it is hereby agreed under and pursuant to Idaho Code Section 67-2328 as follows: m 1. Duration of Agreement: This Agreement shall run from 7:00 a.m. September 17 through 12:00 midnight September 18t 2011, plus any such advance briefings, planning meetings or training sessions, if any (the "Term"). 2. Purpose — Mutual Aid Assistance: The purpose of this Agreement is to permit the parties to cooperate to their mutual advantage providing services and equipment to provide mutual aid assistance to the other parties for law enforcement, protection, and control for the Air Show during the Term. The duty of each party under this Agreement is discretionary, but each party agrees that it will provide such assistance to the extent it determines that it has sufficient equipment and personnel to provide the requested assistance. All parties agree that it Is not the purpose of this Agreement to provide the normal and usual law enforcement, police protection, and police patrol which it performs as a public agency, the purpose is to provide traffic control, traffic safety, respond to emergency calls, and assist in prevention, investigation, and enforcement of all laws of the State of Idaho, the City of Mountain Home and Elmore County for the Air Show at the direction of the ECSO, except for those matters within the MHAFB which shall be subject to those terms and conditions set forth in Section 9 of this Agreement. Each party acknowledges that it has no right to demand of another party that it provide any specific assistance under any circumstances. 3. Manner of Financing and Budget: There shall be no joint financing of activities under this Agreement. No compensation shall be due and owing for services rendered and equlpment furnished under this Agreement by a party. Each party agrees to be responsible for the payment of compensation and benefits for its employees who provide mutual aid assistance under this Agreement for another party. Each party shall Independently budget for expected expenses under this Agreement. Each party shall maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. 4. Administrator of Mutual Aid: Pursuant to Idaho Code Section 67-2328(d)(1), the parties designate the elected sheriff, or chief law enforcement officer, of each party to be named to a joint board to administer this Agreement. Each board member shall receive no additional compensation other than as an employee of one of the parties. It shall be the duty of the members of the joint board as representatives of each party to coordinate all activities and mutual aid efforts of the parties for the Air Show under this Agreement. 5. Request for Assistance: By this Agreement, the ECSO has requested mutual aid assistance under this Agreement from the other parties for the Air Show. The assistance will be for traffic control, traffic safety, response to emergency calls, and assist in prevention, Investigation, and enforcement of all laws of the State of Idaho, the City of Mountain Home and Elmore County for the Air Show during the Term and each party shall provide such manpower and equipment to such location(s) as such party has committed to the ECSO in the advance briefings, planning meetings and training sessions. The Elmore County Sheriff shall be the lead party under this Agreement and shall be in charge of traffic control and law enforcement activities for the Air Show t outside of the MHAFB. MUTUAL AID AGREEMENT BETWEEN CITY OF MERIDIAN AND ELMORE COUNTY SHERIFFS OFFICE PAGE 2 OF 4 6. Response to Request: All parties to the Agreement have agreed to and have committed to provide assistance in such form and with such manpower and equipment as conveyed to the ECSO in the advance briefings, planning meetings and training sessions. If the amount of assistance thereafter varies, the responding party shall advise the Elmore County Sheriff so that the ECSO will know of any changes to the previously committed assistance to be provided by a party. 7. Command of Equipment and Personnel: The ECSO shall have on-site command and direction of the equipment and personnel provided by all other parties hereto. The ECSO shall always keep the other parties advised as to the person who is exercising command and direction. All personnel who participate in mutual aid assistance shall be loaned servants to the ECSO, except to the extent inconsistent with this Agreement. When the mutual aid assistance is no longer needed, the ECSO shall release its command and direct that all equipment and personnel be returned to the other parties. Personnel who participate in mutual aid assistance shall remain the employee of their employer for all purposes, including, but not limited to, the payment of wages and their entitlement to the benefits of their employment. Further, as provided by Idaho Code Section 67-2338, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and other benefits shall apply to responding personnel to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially. 8. Standard of Conduct: Each officer providing assistance shall maintain the standards of professional conduct as required by the standards of the POST. It shall be the sole duty, privilege, and responsibility of the entity employing an officer to determine if there has been any breach of professional standards and to carry out discipline, if any. However, the ECSO may request that a particular officer be removed from any circumstance or the jurisdiction and the responding entity will honor such request as soon as practicable. At all times, the responding officers will be assigned duties customarily and lawfully performed by law enforcement officers of the State of Idaho and there shall be due and usual regard given to the personal safety of the officers and public consistent with the needs or circumstances and the law enforcement problem being addressed. 9. Responsibilities of ECSO: The ECSO will work with responding officers of statutory, administrative, and procedural requirements within the jurisdiction of the Air Show and surrounding areas.. Officers of the ECSO will be primarily responsible for making and processing arrests and the Impounding or safeguarding of lives or property within the territorial boundaries of their jurisdiction. When a responding officer while in the jurisdiction of the ECSO takes a person or property into custody, the officer shall relinquish custody of said person or property at the earliest convenience to an officer of the ECSO for disposition in accordance with the rules and policies of the ECSO. Responding officers may be called upon to provide safety and police presence on the MHAFB but such responding officers shall have no authority to make any arrest or detention on the MHAFB. MHAFB Military Security Police may provide traffic assistance but have no authority to make an arrest or detention outside of the jurisdictional boundaries of the MHAFB. 10. Cross-Deputization: By each parties' signature to this Agreement, the said parties herein authorize the cross-deputization of its officers or responding officers when operating under the terms of this Agreement to facilitate its intent. MUTUAL AID AGREEMENT BETWEEN CITY OF MERIDIAN AND ELMORE COUNTY SHERIFFS OFFICE PAGE 3OF4 13. Insurance: Each party to this Agreement agrees to carry and maintain a comprehensive general liability policy in the minimum amount of $500,000.00, or is self insured pursuant to a risk management plan of self-insurance sufficient to protect the party from and against any and all claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with its acts or performance under this Agreement. 14. Return of Equipment and Personnel: When the mutual aid assistance is no longer required, the ECSO shall notify the commanding officers of the party and the board members of the release of its command of all equipment and personnel and such personnel shall be returned to their normal place of operation. If the parties jointly purchase real or personal property to perform under this Agreement, the control of that property shall be under the direction of the joint board and shall be divided equally among the parties upon termination of this Agreement. 15. Pre -Incident Planning: The joint board and the commanding officers of the parties may from time to time in connection with the Air Show mutually establish pre -incident plans which shall indicate the type and locations of potential problem areas where mutual aid assistance may be needed for the Air Show. This Agreement may be supplemented by schedules and lists of types of equipment and personnel that would be dispatched under various possible circumstances and the number of personnel that would be dispatched under certain circumstances for the Air Show. In addition, the parties may engage in mutual training sessions to ensure the efficient operation of this Agreement. The parties agree to take such steps as are feasible to standardize the equipment and procedures used to provide assistance under this Agreement. The parties hereto have caused their officials to execute this Agreement effective as of the Effective Date. ELMORE ODUNTY: ATTEST: By: Arlen O. Shaw, Chairman Barbara Steele, E ore County Clerk By: Albert oof/fer, Commissioner By: LU Wesley R otan, Commissioner CITY OF MERIDIAN: i.. Tammy de an, City Clerk MUTUAL AID AGREEMENT BETWEEN CIN OF MERIDIAN AND ELMORE COUNTY SHERIFF'S OFFICE PAGE 4OF4 Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 6M PROJECT NUMBER: ITEM TITLE: Legal Department: Taxicab Mobile Sales Unit Ordinance MEETING NOTES Hcyt, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 3-4-2A: TAXICAB MOBILE SALES UNIT LICENSE: A. DEFINITIONS: The following terms as used in this chapter mean: APPLICANT: A person making an application for a taxicab mobile sales unit license, or the renewal thereof: 1. To own or lease and maintain a taxicab, or 2. To operate or drive a taxicab. DRIVER: Any person who drives or who is in actual physical control of any vehicle used as a taxicab qualified to transport passengers. FARE: Money or other value given in exchange for transporting a person or passenger pursuant to a taxicab mobile sales unit license. The fare may be fixed or based upon a rate card that is relied upon for trip fee basis. Fare discounts may be applied to the calculated fare as pre -arranged by the taxicab driver and their customer, which can result in a charge lower than the calculated fare, but, never higher. LICENSEE: A person having a taxicab mobile sales unit license in full force and effect issued hereunder for: 1. Owning or leasing and maintaining a taxicab, or 2. Operating and driving a taxicab. PERSON: Any person, firm, partnership, association, corporation, company or any organization of any kind. RATE CARD: A card or display in each taxicab which contains the rate of the fare then in force. TAXICAB: Any motor propelled vehicle used for transporting persons for compensation upon thoroughfares of the city between points and over such routes as may be directed by a passenger and not on a fixed route, including but not limited to taxicabs with or without taximeters and vehicles for hire including, but not limited to, limousines, luxury town cars, "party buses," and stretch sport utility vehicles, excluding such motor transportation commonly known as, vans transporting children, buses, and shuttles, that operate between fixed termini or routes. TAXIMETER: A meter instrument or device attached to a taxicab which measures mechanically or electronically, the distance driven and the waiting time upon which the fare is based. B. TAXICABS COMING INTO CITY: Nothing in this Chapter shall be construed to prohibit any public passenger vehicle from coming into the city to discharge passengers accepted for transportation outside the city. However, it shall be unlawful for any taxicab not licensed by the city to come into the city to pick up a passenger unless that passenger is to return to that community in which the taxicab is licensed, and then only when such transportation has been arranged for in advance either by writing or by telephone. While said vehicle is in the city, no rooflight or other means of soliciting business shall be used to indicate that the vehicle is vacant or subject to hire. No person shall be solicited or accepted in said vehicle for transportation from any place within the city unless prearranged as indicated above. C. LICENSE AND/OR PERMIT REQUIREMENTS: It shall be unlawful for any person to operate, allow the operation of, or act as a taxicab mobile sales unit without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, state or federal law. 2. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho transportation department. 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho tax commission. 4. Any and all licenses, permits, and/or certifications required by the Central District health department. 5. Any and all licenses, permits, and/or certifications required by the Meridian unified development code. 6. A city of Meridian taxicab mobile sales unit license. a. Application for a city of Meridian taxicab mobile sales unit license shall be made to the city clerk, and shall include the following: (1) A completed application form provided by the city clerk, which form shall include: (A) Applicant's name, physical address, mailing address, Idaho driver's license number, social security number, and telephone number of the applicant, and if a partnership, the business name of the partnership, phone number, and mailing address of the partnership, and the names and address of each partner, and if a corporation or association, the business name of the corporation, phone number, and mailing address of the corporation, and the names and addresses of the principal stockholders, the name of the operating manager, and other information as may be required. (B) A description of the goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered under the taxicab mobile sales unit license. (C) A description of the form of conveyance or transport to be used in the taxicab mobile sales unit's operation, traveling, and/or conduct of sales, trades, giveaways, offers, displays, and/or deliveries. (D) A description of any and all motor vehicles to be used by the taxicab mobile sales unit, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (E) A description of the hours, locations, and means at and by which the taxicab mobile sales unit will operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries. (F) A comprehensive listing of any infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by or of the applicant. (G) An agent upon whom service of process may be made in the state of Idaho. (H) A list of any and all current license(s) and their expiration date(s) that have been issued to the applicant by another municipality to own, lease, operate, and maintain a taxicab, and/or operate and drive a taxicab. (2) Application fee as established by city council and set forth in the fee schedule of the city clerk's office, except that no application fee shall apply where applicant is or represents: (A) A nonprofit organization exempt from federal income tax under 26 USC section 501(c); or (B) A governmental entity. (3) Two (2) photographs of the applicant. Such photographs shall be two inches by two inches (2" x 2") and shall show the head and shoulders of the applicant in a clear and distinguishable manner. (4) A color copy of the applicant's driver's current state of Idaho driver's license. (5) Fingerprints, taken by the Idaho state police, of the applicant. (6) Proof of motor vehicle registration for all vehicles to be driven by the applicant or employees of the applicant under the taxicab mobile sales unit license. (7) Proof of motor vehicle insurance, for all vehicles to be driven by the applicant or employees of the applicant under the taxicab mobile sales unit license. (8) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the taxicab mobile sales unit license. Such insurance shall name the city as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the city. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and one hundred thousand dollars ($100,000.00) per occurrence property damage. (9) In the event a business entity, partnership, corporation, or any organization or association of any kind submits an application for a taxicab mobile sales unit license, each of the documents required to be submitted shall be submitted to the city clerk for each and every person owning an interest in said business entity, either directly or indirectly, before said application shall be deemed complete. b. Upon receipt of all application materials required by this subsection, the city clerk shall refer the application to the chief of police or his designee, who shall cause an investigation to determine the validity and completeness of the information therein. The chief of police or his designee shall endorse upon the application the findings of the investigation and return it to the city clerk. c. Upon receipt of the findings of the chief of police or his designee, but no later than twenty one (21) calendar days from the date of submission of the completed application and all application materials required by this subsection, the city clerk shall either issue a city of Meridian taxicab mobile sales unit license to the applicant or deny the application. Where the city clerk denies an application for a city of Meridian taxicab mobile sales unit license, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this subsection. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. d. The city clerk shall deny an application for a taxicab mobile sales unit license where: (1) The application is incomplete or required application materials or fees have not been submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3) The applicant is under the age of eighteen (18) years at the time of filing the application; (4) The applicant is not the bona fide owner or lessee of the taxicab(s) to be licensed or an employee of the bona fide owner or lessee of the taxicab(s) to be licensed; (5) The applicant has had a taxicab license revoked by this City or another licensing public entity within the preceding five (5) years; (6) The applicant has, at the time of application, an outstanding warrant; (7) The applicant has been, within five (5) years prior to the date of making application for such license, convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, completed any sentence of confinement, or suffered the forfeiture of a bond for any felony; (8) The applicant has been convicted of. (A) A violation of any provision of this section within the five (5) years preceding the date of submission of the application. (B) Reckless driving, eluding a police officer, racing, and/or a second failure to carry insurance within the five (5) years preceding the date of submission of the application; (C) A misdemeanor charge of driving under the influence of alcohol or drugs within the five (5) years preceding the date of submission of the application, or a felony charge of driving under the influence of alcohol or drugs within the ten (10) years preceding the date of submission of the application; (D) Any misdemeanor charge involving theft or fraud within the five (5) years preceding the date of submission of the application, or any felony charge of theft or fraud within the fifteen (15) years preceding the date of submission of the application. (E) A misdemeanor charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the five (5) years preceding the date of submission of the application, or a felony charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the ten (10) years preceding the date of submission of the application. (F) Any crime involving, or related to, firearms or other weapons. (G) Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons. (H) Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity. (I) Any crime involving, or related to, drugs or illicit substances. (9) The applicant is or at any time has been required by any law or legal order to register as a sex offender. (10) Satisfactory proof is submitted that such applicant operates motor vehicles in an unskilled, dangerous or reckless manner, or habitually uses intoxicating liquor or drugs, or who repeatedly violates the laws relating to traffic or to this chapter. e. A taxicab mobile sales unit license shall not be issued to a person who, at the time of application for renewal of a license issued hereunder would not be eligible or qualified for such license. The licensee must continue to meet all the qualification and eligibility requirements of 3-4-2A throughout the license period or the license will be subject to suspension or revocation. f. The applicant must maintain a telephone number which is accessible during the hours the taxicab is in operation, and their telephone number must be on file with the city clerk's office. The telephone number may be connected to an answering or dispatch service. 0 g. Every taxicab licensee shall notify the city clerk's office of the voluntary or involuntary cancellation of any certificate of insurance on licensed taxicabs within one business day of cancellation notice. In addition to other prescribed penalties for violations of this Chapter, failure to notify the city clerk's office of the cancellation shall be grounds for revocation or suspension of the taxicab mobile sales unit license. h. The applicant or licensee shall submit a distinctive and uniform color scheme with accompanying color photograph to the city clerk's office for approval with their application for a taxicab mobile sales unit license. The color scheme shall not conflict with or imitate another taxicab service color scheme, monogram, name or insignia. The body of each taxicab shall have, painted upon it, or otherwise permanently affixed to it, by means of a plate or other device approved by the city clerk's office, the owner's trade name along with the taxicab number of the vehicle. The lettering shall not be less than two inches (2") in height. New or repainted vehicles will conform to the approved color scheme, and all vehicles shall display the approved color, trade name and taxicab number at the time of inspection. Removal of the plate name or any method of affiliation camouflage shall be grounds for license suspension or revocation i. The city of Meridian taxicab mobile sales unit license shall include, on its face: (1) The name of the individual licensed to operate or act as a taxicab mobile sales unit within the city under such license; (2) A description of the goods and/or services that may be sold, traded, given away, offered, displayed, and/or delivered under such license; (3) The hours, locations, and means at and by which the taxicab mobile sales unit is licensed to operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries under such license; and (4) The dates during which such license is valid. Unless earlier revoked, such license shall expire three hundred sixty five (3 65) days following the date of issuance. j. Appeal of the city clerk's issuance or denial of an application for a mobile sales unit license may be made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person within fourteen (14) days of such issuance or denial. Upon receipt of such written appeal, the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days. Following a public hearing on the appeal, 7 city council shall either affirm or reverse the city clerk's action and shall issue written findings supporting such decision. The city council's decision on such appeal shall be a final decision. k. The city clerk may revoke a taxicab mobile sales unit license where: (1) A term or condition of the license is violated by the licensee. (2) In the course of operating or acting as a taxicab mobile sales unit, the licensee violates a provision of this section or of any other local, state, or federal law. (3) It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. (4) The licensee is convicted of: (A) Reckless driving, eluding a police officer, racing, and/or driving under the influence of alcohol; (B) Any charge involving theft or fraud. (C) Battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order. (D) Any crime involving, or related to, firearms or other weapons. (E) Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons. (F) Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity. (G) Any crime involving, or related to, drugs or illicit substances. (5) The licensee is required by any law or legal order to register as a sex offender. 1. The city clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the taxicab mobile sales unit license application. Such revocation shall be effective immediately upon mailing by the city clerk. in. Appeal of the city clerk's revocation of an application of a taxicab mobile sales unit license may be made by the licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person within fourteen (14) days of such revocation. Upon receipt of such appeal, the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (3 0) days. The city council's decision on such appeal shall be a final decision. D. TIME OF OPERATION OF TAXICAB MOBILE SALES UNITS: 1. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit at a time of day that is outside the scope of a valid, current taxicab mobile sales unit license. 2. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit upon a date that is outside the scope of a valid, current taxicab mobile sales unit license. E. PLACE OF OPERATION OF TAXICAB MOBILE SALES UNITS: 1. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit at a location that is outside the scope of a valid, current taxicab mobile sales unit license. 2. It shall be unlawful for any person to park any vehicle or mode of conveyance utilized in the operation or activity of a taxicab mobile sales unit in violation of any generally applicable provision of this code or local, state, or federal law. 3. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit or allow such operation or activity in any area of the city or in any manner prohibited by the Meridian unified development code. F. MANNER OF OPERATION OF TAXICAB MOBILE SALES UNITS: 1. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit if any required license, permit, and/or certification required for such operation or activity is expired or is not valid and current for any reason. 2. A valid and current taxicab mobile sales unit license shall be exhibited in a conspicuous place on such vehicle or other mode of transportation at all times during such operation or activity. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit if a taxicab mobile sales unit license is not exhibited as required by this subsection. 3. A rate card of not less than four inches by six inches (4" x 6"), listing the schedule of fares printed in legible type, shall be posted in full view of the public being transported in each vehicle licensed under the taxicab mobile sales unit license. 4. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit where such person is not specifically licensed under a valid, current taxicab mobile sales unit license. 5. It shall be unlawful for any person operating or acting as a taxicab mobile sales unit to sell, trade, give away; offer for sale, trade, or giveaway; display goods or services for the purpose of sale, trade, or giveaway; or deliver goods or services pursuant to such sale, trade, or giveaway goods or services that are outside the scope of a valid, current taxicab mobile sales unit license. 6. It shall be unlawful for any person operating or acting as taxicab mobile sales unit to operate a musical instrument or amplification device from such taxicab mobile sales unit where such music or sound is audible beyond fifty feet (50') of the source of such music or sound. 7. It shall be unlawful for any person operating or acting as a taxicab mobile sales unit to: a. Misrepresent his or her purpose or affiliation; b. Permit or allow any person, or their possessions to ride on the fenders, hood or any place on the outside of a taxicab unless the vehicle has been specifically designed for that purpose; c. Carry or transport a person other than those first employing the taxicab unless that person consents to the acceptance of an additional passenger or passengers. Under all circumstances, the taxicab driver shall accommodate the first passenger's destination by the most expedient route, prior to accommodating other passengers; d. Permit more persons to be carried in a taxicab than the rated seated capacity of the taxicab. Provisions shall be made for the safe transfer of small children according to state and federal regulations. The taxicab provider shall make accommodations for the transport of child carrier; however, it is the parent's responsibility to provide the appropriate child carrier. A child under the age of six (6) shall not be counted as a passenger unless their presence exceeds the taxicab's rated seating capacity. Children under the age of sixteen (16) shall not be transported except in the care of or at the written direction of their parent or guardians; e. Refuse or neglect to convey over public or private roads an orderly person or persons upon request, unless previously engaged, except that every driver shall have the right to demand legal fare in advance if they have reasonable grounds to believe that the fare will not be paid at the completion of the run; 10 f Permit any person other than a person licensed by this Chapter, to operate or drive a taxicab while in service; g. Solicit any person, or assist in the solicitation of any person, or participate in any illicit or unlawful sex act; h. Operate or drive a taxicab while consuming, or affected in any way by, an alcoholic beverage, illegal substance, or legal substance which impairs the ability to operate a motor vehicle and where the potential for such impairment is published as a warning on the product's label; i. Pick up and/or deliver, sell or otherwise provide an alcoholic beverage or illegal substance to any person or passenger, or allow a passenger to consume alcoholic beverages or illegal drug substances while in transit, unless the licensed vehicle under the taxicab mobile sales unit license is otherwise exempted by state law to allow alcoholic consumption in exchange for compensation from transported passengers; j. Refuse to convey a passenger to a destination based on race, gender, religious affiliation, disability, or other constitutionally protected classes; k. Continue communications with a potential customer regarding a sale, trade, giveaway, or offer thereof after such customer has stated that he or she does not wish to participate in such transaction or further communicate with such taxicab mobile sales unit; 1. Represent the issuance of any license under this section as an endorsement or recommendation of such licensed activity. 8. There shall be posted in a conspicuous place in each taxicab a rate card or sticker, of not less than four inches by six inches (4" x 6") in size, printed in legible type, stating the applicable rates. G. PENALTY: A violation of any provision of this section shall be a misdemeanor, punishable by such fine and/or imprisonment as established by Idaho Code. In addition to such penalty, any person violating any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section continues or occurs may be deemed a separate and distinct violation. H. ENFORCEMENT: Peace officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions of this section or in an investigation of a suspected violation thereof. (Ord. 10-1453, 8-17-2010) 11 Meridian City Council Meeting DATE: September 13, 2011 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS