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2011-10-04(::�E IDIDIAN-- AHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 04, 2011 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Stephanie Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Proclamation A. Proclamation for 2011 Fire Prevention Month "Protect Your Family from Fire" amended to read: Proclamation for 2011 Fire and Crime Prevention Month "Protect Your Family from Fire" 6. Consent Agenda Approved A. Approve Minutes of September 20, 2011 City Council PreCouncil Meeting B. Approve Minutes of September 20, 2011 City Council Regular Meeting C. Approve Minutes of September 27, 2011 City Council PreCouncil Meeting D. Approve Minutes of September 27, 2011 City Council Regular Meeting E. Findings of Fact, Conclusions of Law for Approval: MDA 11- 005 Walmart-Overland/Stoddard by Walmart Real Estate Business Trust Located Southeast Corner of W. Overland Meridian City Council Meeting Agenda — Tuesday, October 04, 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 ClerKs Office at 888-4433 at least 48 hours prior to the public meeting. Road and S. Stoddard Road Request: Modification to the Existing Development Agreement to Amend the Conceptual Development Plan and Certain Sections of the Text of the Agreement in Accord with the Proposed Changes to the Development Plan F. Sewer and Water Main Easement for Kingsbridge Subdivision #2 G. Professional Services Agreement with M.D. Willis for Transcription Services H. Professional Services Agreement with Powerhouse Fitness for Instructor Services I. Professional Services Agreement with Kristy Swinney for Massage Therapist Services J. Professional Services Agreement with Laurie McElroy for Instructor Services 7. Community Items/Presentations A. Check Presentation by Bob and Judy Ricketts of the Light My Fire Committee to the City of Meridian Fire Department B. Floodplain Variance Request of Building Addition at 975 E. Pine St by Ada County Operations Department Approved 8. Items Moved From Consent Agenda 9. Action Items A. Public Hearing from July 21, 2011: AZ 11-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of 1-84 Request: Annexation and Zoning of 116.25 Acres of Land From RUT in Ada County to C -G Zone Continued to November 15, 2011 B. Public Hearing: TEC 11-007 Bellingham Park Subdivision by Northside Management Located Approximately 114 Mile East of S. Locust Grove Road and 114 Mile North of W. Amity Road Request: Two (2) Year Time Extension on the Preliminary Plat Continued to October 18, 2011 Meridian City Council Meeting Agenda —Tuesday, October 04, 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. C. Public Hearing: TEC 11-006 Shops at Victory by DMG - Eagle & Victory, LLC Located at 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat and Conditional Use Permit for the Shops at Victory Approved D. FP 11-008 Spurwing Grove No. 2 by SWG Brighton, LLC Located at Northwest Corner of N. Jayker Way and W. Magic Spruce Drive Request: Final Plat Approval for 10 Residential Building Lots and 2 Common Lots on 3.03 Acres in an R-8 Zoning District Approved 10. Department Reports A. Public Works Department: Outreach Plan for Water Conservation Plan B. Parks Department: Memorandum of Understanding between the Meridian Development Corporation and the City of Meridian for Downtown Trees and Tree Boxes for a Not -to - Exceed Amount of $25,000.00 Approved C. Parks Department: Budget Amendment for FY2012 for a Not - to -Exceed Amount of $25,000.00 for Downtown Tree Maintenance Approved D. Parks Department: Agreement Between the Ada County Highway District and the City of Meridian for Landscaping a Stormwater Facility Located at the Linder and Chinden Intersection, Project No. 611018 for a Not -to -exceed Amount of $25,000.00 Approved E. Parks Department: Budget Amendment for FY2012 for a Not - to -Exceed Amount of $25,000.00 for Landscape Installation at the Linder Road Stormwater Facility Approved F. Amended onto the Agenda: Mayor's Office: Discussion Regarding Redistricting Commission 11. Future Meeting Topics Adjourned at 7:53 p.m. Meridian City Council Meeting Agenda — Tuesday, October 04, 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 City Council Workshop October 4, 2011 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, October 4, 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, Pete Friedman, Warren Stewart, John Overton, Parry Palmer, Steve Siddoway, Robert Simison, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for your patience and welcome to the Meridian City Council meeting. For the record it is Tuesday, October 4th. It's five minutes after 7:00. We will start with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 21 is our Pledge of Allegiance. If you will all rise and join us in our pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Stephanie Moore with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Stephanie Moore with the Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you. Moore: If you will pray with me. Our God, we thank you that we can count on you to be with us, that we can count on you to guide our city leaders and community members with your wisdom and we rely on you tonight, as always, for your input in what will make our community pleasing to you and what will be of help to our community. I thank you for the people who are here who are investing in that in a very concrete way this evening, in Jesus' name I pray, amen. Item 4: Adoption of the Agenda Meridian City Council October 4, 2011 Page 2 of 23 De Weerd: Thank you, Stephanie. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple things to note on tonight's agenda. Under Item 5, Proclamation, that proclamation for -- is for 2011 Fire Prevention and Crime Prevention Month, Protect Your Family. So, that was just mislabeled. I think the police department said the fire department had something to do with that, but it's both fire prevention and crime prevention month. No changes on the Consent Agenda. Under Item 9, Action Items, 9- A and 9-B, the two public hearings, there is a request to continue. 9-A the request is to continue to November 15th, 2011. 9-13 is a request to continue to October 18th, 2011. And under Item 10, Department Reports, we would like to add 10-F, which is the Mayor's Office, a discussion regarding Redistricting Commission. And with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: Thank you. I have a motion and a second to adopt the agenda as changed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Proclamation for 2011 Fire Prevention Month "Protect Your Family from Fire" amended to read: Proclamation for 2011 Fire and Crime Prevention Month "Protect Your Family from Fire" De Weerd: Item 5 is a proclamation and I will ask Pam Orr and Melissa Delaney to, please, come forward to the podium. Well, I -- it is with pleasure that I stand with our two crime prevention -- or crime prevention and fire prevention specialists. They do a lot in our community in being proactive in making sure that we keep our community safe. So, it's with great pleasure that I read this proclamation. Whereas the City of Meridian is committed to insuring safety and security of all those living in and visiting Meridian and whereas Meridian's first responders are dedicated to reducing the occurrence of home fires and crime through prevention education and whereas Meridian's residents are responsive to public education measures and take personal steps to increase their safety from fire and crime and whereas the 2011 Fire Prevention Month theme, Protect Your Family From Fire and the 2011 Crime Prevention Theme is Celebrating Safe Communities, effectively serves to remind us all of the simple actions we can take to stay safe from fire and crime, therefore, I, Mayor Tammy de Weerd, of the City of Meridian, do hereby proclaim the month of October 2011 Fire Prevention and Crime Prevention Month throughout the city. I urge all citizens of the City of Meridian to heed the important safety message of preventing home fires and crime in support of Meridian City Council October 4, 2011 Page 3 of 23 public safety and a safe community. And I signed this today and I would like to ask Pam or Melissa if they would like to make any comments. Delaney: Add on to celebrating our safe communities, tomorrow night is kind of an important night for -- where we will be celebrating some Neighborhood Star awards. So, it kind of goes along with this and I would encourage you to attend. But other than that just thanks for acknowledging two very important months for both Pam and myself. Orr: And I would like to just piggyback that on October 22nd we are coming together as a joint effort for Public Safety Day at Meridian Fire Station No. 1. So, that runs from 10:00 to 2:00 and it's an opportunity for the community to come out and learn all that we do, but not only that, to learn how to keep their family safe from both fire and crime. So, along with that both of us will be doing quite a few events throughout Meridian in the schools and in other public venues that -- that we have been requested at. And so it's going to be a really busy month for us and so thank you, Mayor Tammy, for supporting us in this. We appreciate it. De Weerd: I would also like to thank you, Melissa. We had a neighborhood summit last month that was well attended by some of our neighborhood association representatives and our neighborhood watch captains. A lot of good feedback on that. Lisa and I did a program that we work with through the Mayor's Anti-drug Coalition and so it was a good event that gave a lot of good tools on how to improve the safety and create community within those subdivisions in the City of Meridian. So, thank you. Item 6: Consent Agenda A. Approve Minutes of September 20, 2011 City Council PreCouncil Meeting Approve Minutes of Septemberi , 2011 City Council Regul Meeting I C. Approve Minutes of September 27, 2011 City Council PreCouncil Meeting D. Approve Minutes of September 27, 2011 City Council Regular Meeting E. Findings of Fact, Conclusions of Law for Approval: MDA 11- 005 Walmart-Overland/Stoddard by Walmart Real Estate Business Trust Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Existing Development Agreement to Amend the Conceptual Development Plan and Certain Sections of the Text of the Agreement in Accord with the Proposed Changes to the Development Plan Meridian City Council October 4, 2011 Page 4 of 23 F. Sewer and Water Main Easement for Kingsbridge Subdivision 2 G. Professional Services Agreement with M.D. Willis for Transcription Services H. Professional Services Agreement with Powerhouse Fitness for Instructor Services I. Professional Services Agreement with Kristy Swinney for Massage Therapist Services J. Professional Services Agreement with Laurie McElroy for Instructor Services De Weerd: Okay. Item No. 6 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: There were no changes to the Consent Agenda, so I'd 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 approve the Consent Agenda. If there is no 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. Item 7: Community Items/Presentations A. Check Presentation by Bob and Judy Ricketts of the Light My Fire Committee to the City of Meridian Fire Department De Weerd: As I get into this next community item I think, Melissa, I do want to note one more thing about the neighborhood summit and neighborhood watch in general and the value of these community prevention programs. If we did -- we did an overlay in the police department of crime in our communities and where there are Neighbor Watch organizations within our city there is notable lower crime and I think really helps to have that preventive program where you have an additional set of eyes on the streets and it's Meridian City Council October 4, 2011 Page 5 of 23 not only that, it's what do you do with the information when you have it. So, having partners helps us create a safer community and I think that is very well worth noting. So, hats off to you and to our next community organization as well. These folks I have had the -- the honor of being part of the banquet this last year and what an energetic and dynamic group of -- group in raising money and their passion about this next topic. So, I will ask Pam to come on up and introduce this item. And, I'm sorry, I didn't turn around that podium, but you can just shift it around if you would like. There. Thank you. Orr: Well, I have the pleasure of presenting to you or to -- I'd ask for Bob Ricketts, who happens to be our fearless leader in the Light My Fire committee. This group of dynamic volunteers, they are just an amazing group, just as Mayor Tammy already said. They have been working to help us prevent fires by doing fundraisers, so that we financially have a little bit of extra that really has helped in our community and they not only do that, but a couple of years ago they also implemented some additional funds towards our burnout fund as well. So, all proceeds that they -- that they bring in from both the banquet and an annual golf tournament now -- this is how energetic this group is -- all of it goes back to the Boise and Meridian departments in one way -- whether it's prevention or in the burnout fund. So, I have two members of the group here tonight, Bob Ricketts, who -- he just so happens to be our fearless leader, he and his wife Judy, and, then, I have Mary Calhoun, who many of you may know she was our -- she won a community volunteer for the City of Meridian a couple of years ago. So, just so busy these two. So, they would like to present, ma'am, the city with a check for the department. So, if you two would like to come up. And I would like to say also -- Parry Palmer, who is, you know, my new boss as the fire marshal, he -- prior to receiving this job he worked on our committee for many years and so -- and he still is on our committee as well. So, chief, would you like to come up as well, please. Ricketts: Madam Mayor, Council, it's my pleasure to be here this evening. De Weerd: Thank you, Bob. Ricketts: And I want to personally thank you for joining us at our February event this last year and we hope you had a good time and -- De Weerd: We did. Ricketts: We always do, so we hope those who join us do also. De Weerd: We walked away a lot -- with a lot less in our pocket. Ricketts: I brought it back. De Weerd: Well, good. Thank you. Meridian City Council October 4, 2011 Page 6 of 23 Ricketts: It all comes around. But do want to encourage any of the other rest of the City Council to try and maybe join us in the future if you can. Just so you can mark your calendars, February 11th of 2012 is our next event and so if you have the opportunity to come join in our festivities, please, do so, because we guarantee you, hopefully, you will have a good time. I want to say it's been a real pleasure to have the association with the City of Meridian and for us to be able to, you know, help raise money for what we feel is an extremely important need and fire prevention is a -- is something that's really dear to our hearts and we have a bunch of passionate people on this committee and we recruit I think probably the best folks in the community here to help us on this and they do just a bang up job. They -- you know, they give me the credit, but, believe me, they do all the work, you know, so if you ever have the opportunity to mention thanks to some of those people they do a lot of hard work. I also want to thank Pam for all that she does. She was a -- when we brought Meridian into the Light My Fire organization, boy, she was a -- I don't want to say a ball of fire, but -- wrong terminology. But she -- she really lit things up. She really did. And our community just welcomed her and she fit in really well and, as you know, when -- or I'm sure you know, she's a doer and so, anyway, I want to thank Parry also for all his contributions. Parry's kind of our main man on the golf tournament and he does a wonderful job for us and so we want to thank him immensely for that. Tonight we have a couple of checks. We have two checks, actually, and one check is for the -- the fire prevention and that check for 8,880 dollars for the fire prevention. And for the Meridian burnout fund, which we have recently contributed to, we have an additional 2,200 dollars for them and that's money that goes right to the -- to the citizens of the City of Meridian from the fire department itself to help those people when they need it the most. It's before us insurance guys can get there and the Red Cross and so forth. These guys do a wonderful job and we are happy to contribute to them. De Weerd: Thank you. Ricketts: With that, again, we are -- we are still firing and ready to go. We are going to hope we come back with more checks next year. De Weerd: Well, thank you, Bob, and Mary for being here this evening and thank you to the organization for the support you give our community, to our prevention programs and our burnout fund. All of it makes a difference in our community. Thank you. Oh, Frank will probably want a photo. Floodplain Variance Request of Building Addition at 975 Pine St by Ada County Operations Department i De Weerd: Okay. Item 7-13 is our floodplain variance request and I will turn this over to Warren. Stewart: Madam Mayor, Members of the Council, I'm actually going to turn the time over to David Miles, but before he -- or while he makes his way to the podium I want to just -- this is his first opportunity to actually appear before the Council, so many of you Meridian City Council October 4, 2011 Page 7 of 23 may know him, but some may not. He is -- David Miles has joined us as our new surface water program administrator. One of his roles is to serve as our floodplain administrator and we are very grateful to have his knowledge and experience and -- within the Public Works Department and look forward to working with him and he's going to take a few moments, maybe say a couple things about himself, but also give you some background on this issue. Miles: Thanks, Warren. Good evening, Madam Mayor and Council Members. Thanks for the opportunity tonight. As Warren said, I have been with the environmental division for about five months and I'm excited to be here with the city. It's a great organization as far as I can tell. It's been a lot of fun to work with. Tonight I'm here in support of a floodplain variance request by the Ada County Operations Department for a construction project which is 975 East Pine, which is just west of Locust Grove. This building is a unique situation for the floodplain, because it's located in a special flood hazard area in the floodplain. It's been constructed originally in 2006, but since that time our ordinance has changed and we -- and the floor height requirements under the floodplain guidance has increased. So, we have an existing building that is constructed at an elevation zero, for simplification of terms and that proposed addition would be required to be built one foot above that. This building is used for traffic flows within the building. They supply pesticides onto trucks and off of trucks and make transitions of these vehicles back and forth through the building. So, to have a one elevation change would be a difficult issue to resolve in the design aspect. In our floodplain ordinance, flood proofing is a technique that's not in our ordinance, however, is approved under FEMA techniques to be used. In our ordinance we also have the -- the section for variances, which is why we are here tonight, because they are to be heard by City Council and we worked with the applicant to discuss possibilities in variations of what would work best and determined that a variance to allow the flood proofing of the building to be constructed at the same elevation of the existing building with the techniques to flood proof the outside of the building to still protect it from flooding, was a viable solution. So, with that I will turn it over to any questions that you may have either now or after we have the applicant here, Angie Cornish from Engineering and Waste Solutions and she will provide you some more of the technical information from the building and their specific request. De Weerd: Thank you, David. Council, any questions right now? Rountree: I have none right now. Bird: Not at this time. De Weerd: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Oh, just -- David, hold on. Mr. Zaremba. Meridian City Council October 4, 2011 Page 8 of 23 Zaremba: Thank you. Sometime around when that was a new building I had the opportunity to take a tour of it, in my recollection, and as I think you mentioned, they do -- it's where they keep a whole lot of nasty chemicals. Miles: Yes. Zaremba: Even if it's flood proofed, is there -- if the new requirements -- or if the new floodplain is a foot higher, whatever is causing the new requirement to be a foot higher, is there any opportunity to asked them to put like a one foot rack underneath their storage area, so even though their floor level is equal to the other floor level and they are not tripping over stuff going up and down, at least chemicals are a foot higher by just having some kind of rack? De Weerd: Councilman Zaremba, they are already ahead of you on that. Zaremba: Okay. All right. Well, some of the things were very big. As I recall they were huge and that might be difficult, but -- Miles: Madam Mayor, Councilman Zaremba, it is a chemical pesticide storage building, but we have worked with the applicant and they have resolved that and, in fact, as part of their presentation the chemical storage will be elevated to the current ordinance requirements and will be stored in its own separate housed portion of the building. So, they have addressed that. Zaremba: Okay. Miles: You're welcome. De Weerd: Thank you. If you would, please, state your name and address for the record. Cornish: Madam Mayor and Council Members, my name is Angela Cornish. My company is Engineering and Waste Solutions and I am a civil engineer on the design team for Ada County operations for this addition. You have a little drawing in front of you that just kind of shows that building. The upper left kind of corner of it is actually the existing building. So, yes, right there. That section right there is the existing one. And, then, when you see all the kind of striping it looks like diagonally, that's the addition right there for the parking and, then, just a little bit below that is a chemical storage area that he was just talking about that will be elevated the two feet above the floodplain elevation. So, that parking area you can see is proposed to still be a foot above the floodplain elevation, which meets FEMA standards and will match the rest of the building where we will be driving vehicles through and as a civil engineer trying to figure out grades, that one foot difference is pretty impossible to try and handle inside of a building. If it was a parking lot I could grade it, but I can't really do that inside of a building. So, it will make this building nonfunctional if we are not able to match that and the county's operation staff and myself have met with Dave and Tom, they were very Meridian City Council October 4, 2011 Page 9 of 23 generous to work with us to try and come to a reasonable solution that met FEMA's requirements and came as close as we possibly could to meeting the city's ordinances and the city's ordinances changed, like you said, between the time this first portion of the building was constructed in '06 and now. So, it wasn't anybody's intent to try and bypass anything when it was constructed, at the time it was done per the city's ordinances and FEMA, it's just the city's ordinance has increased to require a two foot clearance, instead of just the one foot clearance above the flood elevation. Does that make sense? De Weerd: Yes. Cornish: Okay. So, that's really it. If you have any other questions of me I'm more than happy to answer as best I can. De Weerd: Thank you, Angela. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Angela -- and we had to change our ordinance, because FEMA changed the ordinances and -- but my understanding is, basically, at the openings and whatnot you would put in some sort of flood proofing? Cornish: Correct. Hoaglun: So, if there is an incident, flooding, then, the doors are closed and -- Cornish: Exactly. Hoaglun: -- keep it watertight and -- Cornish: Exactly. Hoaglun: -- we are all -- Cornish: And not only that, but an actual written plan and a document for the staff that's in that facility so you know exactly what to do in that event, so that maybe take a proper measure at that time. So, there is a document that will describe the measures they need to take during an event like that. And also, too, if you look at this building, just -- just so you understand, it's a storage building. There is not offices in there, there is no sewer going to it. This is not a building that, you know, some day next they might change it and make it an office. We aren't trying to trick anybody, this is just truly a storage building and it just will help cover these vehicles that have the chemicals and things in the back of them, so it's just a good way to kind of contain it and protect those and protect the environment. Meridian City Council October 4, 2011 Page 10 of 23 Hoaglun: Thank you. De Weerd: Any questions? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Thank you joining us. Cornish: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I don't see a variance number attached to this. Do we need to take an action on this and -- how would we reference it without a variance action -- a variance number? De Weerd: Mr. Nary? Nary: Madam Mayor, Members of the Council, I think -- let me see what's in front of you. I was looking at something else. Miles: Madam Mayor, if I may? De Weerd: Yes. Miles: This -- by ordinance a variance is requested to the City Council, so what we are recommending is to support the variance request, so that, then, the permit application -- applicant can file the permit and we can review the permit to meet the criteria of the variance and the ordinances. De Weerd: Council, his question was do we need a variance number to reference for the record. Nary: Madam Mayor, Members of the Council, if the motion of the Council is to approve the variance request we can prepare an order for your agenda next Tuesday to then move that forward, so they have some documentation to prove that it was granted. De Weerd: Okay. Very good. Zaremba: Thank you. That would work for me. Madam Mayor? Meridian City Council October 4, 2011 Page 11 of 23 De Weerd: Mr. Zaremba. Zaremba: I move that we approve the floodplain variance request for the building addition at 975 East Pine by Ada County Operations Department. Rountree: 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. De Weerd: There were no items moved from the Consent Agenda. Item 9: Action Items A. Public Hearing from July 21, 2011: AZ 11 -001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North • f 1-84 Request: Annexation and Zoning of 116.25 Acres of ... From RUT in Ada County to C -G De Weerd: Under Item 9, Action Items. Item 9-A has been requested to continue to November 5th, for the purpose of continuing this I will officially open the public hearing on AZ 11-001. With that said do I have a motion to continue this item? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 9-A to November 15th, 2011. Hoaglun: Second. Rountree: I have a motion and a second to continue 9-A to November 15th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council October 4, 2011 Page 12 of 23 B. Public Hearing: TEC 11-007 Bellingham Park Subdivision by Northside Management Located Approximately 1/4 Mile East of S. Locust Grove Road and 1/4 Mile North of W. Amity Road Request: Two (2) Year Time Extension on the Preliminary Plat De Weerd: Item 9-13 is a public hearing on TEC 11-007. Again, this item has been requested to continue to October 18th, City Council, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 9-13 until October 18th, 2011. Zaremba: Second. De Weerd: I have a motion and a second to continue Item 9-13 to October 18th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: TEC 11-006 Shops at Victory by DMG - Eagle & Victory, LLC Located at 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat and Conditional Use Permit for the Shops at Victory De Weerd: Item 9-C is a public hearing on TEC 11-006. 1 will open this public hearing with staff comments. Friedman: Thank you, Members of the Council. This is a time extension for the preliminary plat and Conditional Use Permit for the Shops at Victory. Those approvals were granted originally in September of 2008. They did request an extension of the director in 2010. That was granted in March of 2010. However, citing current economic conditions the developer is not ready to proceed with the actual development and under the UDC they are seeking the Council's approval for a time extension to continue both the preliminary plat and the CU for the drive-thru establishment. Council may recall that we actually modified the development agreement about a year ago to extend the life of that agreement, so that was another previous action by the Council. At this time staff does not foresee any need for additional conditions and we'd recommend approval of the time extension, subject to all the conditions that are currently in place. The applicant is here today. He has indicated he is in agreement with the staff report and recommended disposition of this. So, that's -- I'd be happy to answer any Council questions. De Weerd: Thank you, Pete. Council, any questions? Meridian City Council October 4, 2011 Page 13 of 23 Rountree: I have none. Bird: I have none. De Weerd: Does the applicant have any remarks? Good evening. Goins: Hi. De Weerd: If you will, please, state your name and address for the record. Goins: Greg Goins. DMG Real Estate Partners, 350 North 9th, Boise, Idaho. De Weerd: Thank you, Greg, for joining us. Goins: Well, thank you. My only comments are I really wish to express my appreciation and my partners' appreciation, Dave McKinney, for the city's willingness to work with us during these challenging economic times. We really believe there is going to be an opportunity to fulfill the development plan that we have for this property, but we need the additional time to kind of work through some things that continue to stand in the way of finalizing what we hope is going to be a deal with a drug store tenant one of these days. Also wish to express appreciation for Pete and the planning staff, they worked very well with us as we have tried to progress this, so thank you and we appreciate it. De Weerd: Thank you. Rountree: Thank you. De Weerd: This a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Council, seeing no further comment, do I have a motion to close? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on TEC 11-006. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on 9-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council October 4, 2011 Page 14 of 23 Bird: I move we approve TEC 11-006 and include staff and applicant remarks. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 9-C. Any discussion on this item? 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, D. FP 11-008 Spurwing Grove No. 2 by SWG Brighton, LLC Located at Northwest Corner of N. Jayker Way and W. Magic Spruce Drive Request: Final Plat Approval for 10 Residential Building Lots and 2 Common Lots on 3.03 Acres in an R-8 Zoning District De Weerd: Item 9-D is FP 11-008. 1 will ask for staff comments at this time. Friedman: Thank you, Madam Mayor, Members of the Council. The application before you tonight is for a final plat approval for ten residential lots and one common lot in the Spurwing Green Subdivision that was approved by Council last October -- actually, about a year ago. This is the second final plat proposed for Spurwing Green. The proposed plat is in full compliance with all the conditions of the preliminary plat and staff recommends approval. The applicant has reviewed the conditions and has indicated that they are in agreement also with the staff report and the recommended conditions of approval. De Weerd: Thank you, Pete. Any comments? Okay. Thank you, Mike. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the final plat for Item 9-D, Spurwing Grove No. 2, FP 11-008. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-D. Is there any discussion by Council? Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council October 4, 2011 Page 15 of 23 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Department Reports A. Public Works Department: Outreach Plan for Water Conservation Plan De Weerd: Under Item 10, Department Reports, we will start with our Public Works Department. Warren. Stewart: Madam Mayor, Members of the Council, you may recall last week Kyle Radek of my office brought a water conservation plan before you and as part of that plan presentation you had requested a plan for public outreach. I believe he put together a -- along with the Mayor's office a public outreach plan and submitted that to you for your review and he was unable to be here tonight due to some family commitments that he had and so I will try and answer any questions that you may have in regards to the plan that he gave you, but I also know that Robert Simison was instrumental in working with him and putting that together, so he might be able to fill in on some of the details if -- if I don't have the answers. So, I will stand for any questions that you may have. De Weerd: Okay. Council, any questions regarding this item? Bird: I have none, Mayor. Hoaglun: Just -- Madam Mayor, just a note that -- and I think it's a good plan. It's there. It something to do. It's just -- we are getting into the holiday season, it's just always tougher for people to focus on those things as we head into Thanksgiving, but I think we are early enough that it's better now than between Thanksgiving and Christmas, so it's just one of those things that's always hard to capture people's attention, but I think we have got a plan at least then we will bring awareness to it by the public. De Weerd: Any of other comments from Council? Rountree: Madam Mayor, I'd reflect the same concern is that it is the holiday season and folks are probably not interested particularly towards the end of the schedule that's set up to participate in these kinds of events, so you might want to look at that, but in terms of plan and the outline and what is to be accomplished it looks spot on. Stewart: Thank you. De Weerd: Okay. Any other comments? Meridian City Council October 4, 2011 Page 16 of 23 Stewart: Madam Mayor, Members of the Council, maybe a little bit of direction. Would you prefer to see the initial outreach moved until after the holiday season or should we just plan to follow it up with a secondary set of events to sort of get that message out after the holiday season is over? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think while the season is coming up we are basically off the schedule we are finishing by November 22nd. I -- I don't think we want to delay it anymore. I -- you know, if not you're throwing it into next year. I would say we go ahead with it on November 22nd we can discuss steps at that time and if you want to delay it until after the holiday season, then, we do. That would be my -- that would be my preference. Rountree: That works. Hoaglun: Works for me as well. De Weerd: Okay. Stewart: Thank you. B. Parks Department: Memorandum of Understanding between the Meridian Development Corporation and the City of Meridian for Downtown Trees and Tree Boxes for a Not -to - Exceed Amount of $25,000.00 De Weerd: Item 10-13 is our Parks Department. I will ask Mr. Siddoway to present this item. Siddoway: Thank you, Madam Mayor, Members of the Council. The next four items are mine. It's actually two -- two items with each with an agreement and a budget amendment associated with them and the good news on the budget amendments are that they are a net zero impact to the city's budget and I will go over that for you. So, Item B is the memorandum of understanding between MDC and the City of Meridian. As you know, we have a downtown tree well replacement program and MDC has offered to increase our budget by 25,000 dollars that they would reimburse to the city for us to be able to replace more tree wells per year than we currently do. It would give us the ability to do about four more per year, but in order for us to spend that money that they are offering we need to get it added into our budget, so Item B is the memorandum of understanding that would specifically ask us to give them a list of the trees in June of each -- prior to each fiscal year. MDC board would, then, approve that. We would, then, do those the following fiscal year and, then, we would submit our invoices and proof of payments to them for reimbursement, at which time they would reimburse the city that amount. So, then, Item C is that budget amendment for a not to exceed amount of Meridian City Council October 4, 2011 Page 17 of 23 25,000 dollars to be added to our budget, but, then, would be reimbursed by MDC and will stand for any questions. De Weerd: Thank you, Steve. Council, any questions? Okay. That leads to the next item, Item 10-C is a budget amendment to authorize revenue and expenditure. Siddoway: Madam Mayor, we do need a motion on Item B as well for the MOU. Bird: Yeah. De Weerd: Thank you, Steve. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve MOU between the City of Meridian and Meridian Development Corporation. Hoaglun: Second. De Weerd: I have a motion and a second to approve the MOU. Any discussion? Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. BudgetC. Parks Department: •. I Exceed Amount of $25,000.00 for Downtown Tree Maintenance De Weerd: Item 10-C. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 10-C, the budget amendment in the amount of not to exceed 25,000 dollars for downtown tree maintenance. Hoaglun: Second. De Weerd: I have a motion and a second on Item 10-C. Any discussion? Meridian City Council October 4, 2011 Page 18 of 23 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Parks Department: Agreement Between the Ada County Highway District and the City of Meridian for Landscaping a Stormwater Facility Located at the Linder and Chinden Intersection, Project No. 611016 for a Not -to -exceed Amount of $25,000.00 De Weerd: Item 10-D is also Mr. Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council. These next two items are related to the project with the Ada County Highway District. As you know we maintain the landscaping at the storm drainage facilities that ACHD constructs within the city. We have an existing master agreement that covers those. The reason why this one is not simply an addendum to that existing agreement and is an accepted agreement are two fold. The main reason is, number one, it's not in the existing city limits, though it is in our area of impact and the existing agreement specifically refers to city limits and existing annexed properties. This property is on Linder Road between McMillan and Chinden. It's part of the ACHD project that's underway in that area. It is part -- adjacent to Lochsa Falls Subdivision and is an area that will be annexed to the city in the future. The -- ACHD did have a construction project underway with the road improvements that are up there. However, when we got to review the -- the construction plans they had, you know, sprinkler heads and different things that didn't match what we currently maintain. They would plug more easily, et cetera. We asked them to change them. They actually offered to pull their project and allow us to move forward and manage that project for them, so that we get what we want to maintain. So, the agreement is one for us to manage that construction project for them, it's the landscaping part of that project and, then, we would take over that with the others that we currently maintain. The ACHD would pay for and reimburse us for the cost of construction on that project, so the Item D is the agreement for us to manage that project and Item E is a budget amendment also for a not to exceed amount of 25,000 dollars that ACHD would reimburse us to do that landscape project for them. And I will stand for questions. De Weerd: Thank you, Steve. Council, questions? Bird: I have none. Rountree: None. Zaremba: Madam Mayor? Meridian City Council October 4, 2011 Page 19 of 23 De Weerd: Mr. Zaremba. Zaremba: I do have kind of a sideways question, since you mentioned that this is not at the moment annexable, but will be at sometime. The other storm water facilities where we maintain landscaping, have they all been annexed into the city and -- Siddoway: Yes. It's my understanding that they are all currently annexed sites and that's why they are part of the existing agreement. Zaremba: Good. Okay. Thank you. De Weerd: Okay. Any further questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the agreement between Ada County Highway District and the City of Meridian for the management of a landscape project for Item 10- D. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 10-D. Any discussion on this item? 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. LinderE. Parks Department: Budget Amendment for FY2012 for a Nott Exceed Amount of $26,000.00 for Landscape Installation at the -,.;. De Weerd: Item 10-E is the budget amendment. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item D -E, the budget amendment not to exceed 25,000 dollars for landscaping installation management on the storm water facility at Linder. Meridian City Council October 4, 2011 Page 20 of 23 Zaremba: Second. De Weerd: I have a motion and a second to approve the budget amendment in front of you on Item 10-E. If there is no discussion, Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Siddoway: Thank you very much. F. Amended onto the Agenda: Mayor's Office: Discussion Regarding Redistricting Commission De Weerd: Thank you, Steve. Item 10-F. I will ask Robert to make comments. Simison: Madam Mayor, Members of the City Council, as you may recall we came before you in June to talk about the re -- the commission for reapportionment that was meeting and at that time received direction from City Council on writing a letter regarding what we would like to see as far as legislative districts here in the City of Meridian. For those of you who haven't followed the process, the first redistricting commission didn't succeed in time and they have been replaced by six new members. They are having a public hearing on Friday in Boise from noon to 2:00 and I believe we have made arrangements before the Mayor to attend to give the city's perspective on this issue, but want to make you aware of that. And in addition I also -- in what I have handed out to you, the first item is the final map that was submitted by the previous six commissioners, which shows the agreement that they said they would all sign off to. In this map Meridian potentially could have five legislative districts. We could also potentially have zero people that live in the City of Meridian in one of these five districts. So, I -- one of the directions I'd like to seek some guidance from you on is if we were to revise our letter that we had previously sent to the commission, making any specific comments regarding the proposed map that was agreed to, or if we should just send them our -- make sure they have our previous version and stick to those points. So, with that I'm -- I'm open to hear comments or suggestions you have about how you would like us to proceed forward. De Weerd: Thank you, Robert. Council, any comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council October 4, 2011 Page 21 of 23 Zaremba: The new commission is not required to accept the old commission's late submission, but there seems to be some opinion, I guess, that they may use it as a starting point and in that case I would encourage us to make a specific new letter that addresses what they are proposing. In looking at this map I am not finding enough reference points to really understand what those districts -- there is no street names or anything on here that I recognize to locate exactly what they are having, but I think it might be wise to analyze this version and submit our comments. One man's opinion. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Yeah. I would like to see us move forward and have you discuss as we did before about having to try and attempt to have Meridian as close to one single district as possible. I know it may not be possible, it's very difficult to get the numbers to work, but when you look at this map and they taking neighborhoods -- say Bridgetower where I live and they are actually splitting that neighborhood within two legislative districts, it just -- it just doesn't make sense. I know they are following some roads here, but you have got one subdivision that's being divided in half. Anyway, I'd just like to see a letter talk about keeping the core of Meridian whole if at all possible. I know they may have to be -- right now we are at three legislative districts, but to jump that to five and -- and the three we have now there is a common interest between them all, even though we are tied to Kuna and to Eagle, but there is a lot of common interest, but as we go east to west, tying this into parts of Boise -- there is some differences here and there is some things that I don't think will work quite as well, but it's just something we can make a recommendation and request and what they do with it from there remains to be seen. De Weerd: Kind of like we did before. Hoaglun: Yes. Absolutely. De Weerd: And, you know, I guess, Council, I would remind you that before we sent that letter and the accompanying map we did talk to all of our elected -- or most of them that -- the ones that are inside the city. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I agree with what David said in terms of not having enough reference points on the proposed map, other than it seems like some of these districts -- I assume 22 is one of them that would be part of Meridian and 14, which seemed to spread across the county north to Gem county and south at least almost to the Snake River. So, I'm not sure that that's consistent with trying to keep our community and our community values together, but I also agree with Councilman Hoaglun that we ought not to split up the neighborhoods if we can best do that and we present the case to the new commission Meridian City Council October 4, 2011 Page 22 of 23 along the lines of what we presented before and I would like to see that before it goes to press in terms of the map and suggested comments back to the new commission, much along the lines of our letter of June 21st. De Weerd: Okay. Simison: I would make the recommendation that we probably wouldn't update our -- the map that we sent, just resubmit that from our previous version, but to reiterate maybe focus more on the map that was -- they were presented with and the issues that we may have with that map that doesn't go with what we originally recommended. Rountree: That's fine. Zaremba: Madam Mayor, that works for me. Bird: Works for me. Item 11: Future Meeting Topics De Weerd: Thank you. Okay. Council, Item 11 is future meeting topics. Any items that have been brought to your attention that need to be placed on future agendas? Rountree: I have none. Bird: I have none. De Weerd: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we adjourn. Bird: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:53 P.M. Meridian City Council October 4, 2011 Page 23 of 23 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) LD A r� City of �. SLAAL, TAtkgb / v / /a* / dog/ DATE APPROVED OLMAN, CITY CLERK Changes to Agenda: RECEIVED OCT 0 4 2011 Item 9. A. The applicant has requested the hearing be continued to November 15, 2011. CITY OFC4Ce IDw. Item 9. B. The applicant has requested continuance of the Bellingham Park Subdivision time extRi 4 S OFFICE October 18L" meeting due to failure to notice the property in the required time frame. Item 9. C. Shops at Victory (TEC 11.006) Application: Time Extension for Conditional Use Permit and Preliminary Plan Summary of Request: The preliminary plat (PP -08-006) and conditional use permit (CUP -08-011) were approved on September 9, 2008. The preliminary plat consists of 3 commercial building lots common/other lots on 3.68 acres of land. The conditional use permit is for a drive-thru establishment in a C -C zoning district within 300 feet of an existing residence. An 18 -month time extension (TE -10-009) on the preliminary plat and conditional use permit was approved by the Director on March 8, 2010. This approval extended the time period in which the applicant had to obtain the City Engineer's signature on a final plat and commence the use approved with the CUP until September 9, 2011. This is the second time extension requested for the subject project, thus City Council approval is requried. Approval of the subject time extension will allow the applicant to proceed with the platting process and commence the use as permitted by the CUP. If the subject time extension is not granted, the PP & CUP applications for this property would lapse and new applications would need to be submitted for City approval. Written Testimony: The applicant is in agreement with the conditions contained in the staff report. Outstanding Issue(s) for City Council: None Notes: Item 9.0. Spurwing Grove No. 2 (FP -11.008) Application(s): Final Plat Summary of Request: The applicant has applied for final plat approval consisting of ten (10) residential lots and one (1) common lot on approximately 3.03 acres of land. This is the second final plat proposed for the Spurwing Greens Subdivision approved by Council on October 12, 2010. The proposed plat is in substantial compliance with the approved preliminary plat and staff recommends approval of the final plat. Written Testimony: The applicant is in agreement with the conditions contained in the staff report. Outstanding Issue(s) for City Council: None Notes: Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Proclamation for 2011 Fire Prevention Month 'Protect Your Family from Fire" 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: October 4, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 20, 2011 City Council PreCouncil Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 20, 2011 City Council Regular Meeting MEETING NOTES 0 r)r,\ ruv.f C1 rr 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: October 4, 2011 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 27, 2011 City Council PreCouncil Meeting MEETING NOTES q?F v, -ed 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: October 4, 2011 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 27, 2011 City Council Regular 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: October 4, 2011 ITEM NUMBER: PROJECT NUMBER: MDA 11-005 ITEM TITLE: Walmart - Overland/Stoddard Findings of Fact, Conclusions of Law for Approval: MDA 11-005 Walmart- Overland/Stoddard by Walmart Real Estate Business Trust Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Existing Development Agreement to Amend the Conceptual Development Plan and Certain Sections of the Text of the Agreement in Accord with the Proposed Changes to the Development 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 Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Sewer and Water Main Easement for Kingsbridge Subdivision #2 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN- Public D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 9/27/11 SUBJECT: Sewer & Water Main Easement for Kingsbridge Subdivision #2 I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1. Approve Sewer & Water Main Easements for the City of Meridian, located within future phases of Kingsbridge Subdivision, by BHH Kingsbridge, LLC This easement provides The City of Meridian the ability to construct and access to new sewer and water main being installed with the construction of Kingsbridge Subdivision #2, to provide service for a future phase. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. II. DEPARTMENT CONTACT PERSONS Supervisc Manager Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Denny Cline, Development Analyst II 489-0363 Page I of I ADA COUNTY RECORDER Chrlelopher 0. Rich 11 801SE IDAN010106111 01:07 PM AMOUNT .00 DEPUTY uea 11a1' III IIIIIIIIIIIIIIIIIIIIIIIIIIIII I I III RECORDED-AEOUEST OF Meridian Cly 111080606 SANITARY SEWER AND WATER MAIN EASEMENT e4 THIS INDENTURE, made this 1 � day of, 20,kbetween 131111Kin sgbrid eg LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee,- WITNESSETH: rantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be Sanitary Sewer and Water Main Easement Easement Phase 3 Sewer and Water_9_8_11—unsigned placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. n. numer, rvianager Kingsbridge LLC, an Idaho LLC STATE OF IDAHO ) ) ss County of Ada ) On this kJ2—J- day of 0 -OK M ky- 20 11 , before me, the undersigned, a Notary Public in and for said State, personally appeared 2b,X-YAF,S 1-! • �VXVS known or identified to me to be the Manager, of the Idaho Limited Liability Company that executed the within instrument, and acknowledged to me that such Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. GRANTEE: CITY OF MERIDIAN l Sanitary Sewer and Water Main Easement Sewer and Water -9-8-11 unsigned TARY PUBLIC FO IDAHO -/ Residing at: I CJI Commission Expires: 14 Approved By City Council On: STATE OF IDAHO, ) : ss. County of Ada ) On this day of ONpbe k , 20t I, before me, the undersigned, a Notary Public in an for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. „c��CA JO•. (SEAL). 1 '.` Y,, 'p; OF LDP•• '•.0.060 TARY P I FO IDA Residing at: LAC b Commission Expires: a © t Ll Sanitary Sewer and Water Main Easement Easement—Phase, 3 Sewer and Water -9-8-11 unsigned Sewer -Water Easement No. 2 This casement is situated in a portion of Lot 11, Block 2 of Dartmoor Subdivision, Book 64, Page 6539, on file in the Office of the Recorder, Ada Comity, Idalio, located within a portion of the SE 1/4 of the NW 1/4 of Section 28, Township 3 North, Range I East of the Boise Meridian, City of Meridian, Ada County, Idaho and is more particularly described as follows: COMMENCING at the west 1/4 corner of said Section 28, said point monumented with a 5/8 - inch diameter iron rod and referenced in Corner Perpetuation an Filing Instrument No. 109000681, on file ht the Office of the Recorder, Ada County, Idaho; thence along the south boundary of the SW 114 of the NW 1/4 of said Section 28, A) S.89°2318"E., 1327.92 feet to the southwest corner of the SE 1/4 of the NW 114 of said Section 28; thence along the south boundary of the said SE I/4 of the NW 1/4, 1) S.89°25' 12"E., 576.54 feet to the southeast corner of proposed Kingsbridge Subdivision Phase 2; thence along the easterly boundary of said proposed Kingsbridge Subdivision Phase 2 the following courses: 2) N.00°29'23"E., 230.85 feet; thence, 3) S.89°30'16"E.,14.00 feet; thence, 4) N.00°29'23"E., 182.50 feet to the northeast corner of Lot 36, Block 3 of said proposed Kingsbridge Subdivision Phase 2; thence along the north boundary of said Lot 36, 5) N.99-3 0-16"W., 17.65 feet; thence leaving said north boundary and continuing along the east boundary of said proposed Kingsbridge Subdivision Phase 2, 6) N.00°29'23M,, 50.00 feet; thence, 7) S.89°30'I6"E., 84.68 feet; thence, LAProject Files\C11005\Survey\LEGAL DESCRIPTIONS\Exhibit A, Sewer-WaterEsmt. No. 208241 Ldee Project: C1 1005 Date: August 24, 2011 Page: 2 of 2 9) N.00 -29-44'E., 145.00 feet; thence, 9) S.89 -30-16-T., 437.54 feet to the southeast corner of Lot 6, Block 5 of said proposed Kingsbridge Subdivision Phase 2; thence along the cast boundary of said Lot 6, 10) N.00 -2973'E., 155M feet to the POINT OF BEGINNING; thence, 13) N,00 -29'23"E,, 57,66 feet; thence leaving the east boundary of said proposed Kingsbridge Subdivision Phase 2, 1) S.89 -30-16"B., 42,00 feet; thence, 2) S.00 -29'23"W., 57.66 feet; thence, 3) N.89-30'1 6"W., 42.00 feet to the POINT OF BEGINNING. LAProject VilesXCI 1005kSurvey\LEGAL DESCRIPTIONSTxhibit A, Sewer -Water Esnit. No. 2 06241 Ldoc EXHTSTT "S" PROPOSED KIN.GSBRIDGE SIIBDIVISION PHASE 2 SITUATED IN THE SE 1/4 OF THE NW 114 OF SECTION 28 TOWNSHIP 3 NORTH, $ANGE i EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2011 SB6.30'161 42.00 POINT OF JR1; BEGINNING E. MENTOR ST. .i, N8B'30' I6 W 42.Oo I uJ ' o Mlo LEGEND �I ---- EXHIBIT LINE LOT B z ROAD RIGHT-OF-WAY LOT LINE�'��G�'� D 5/B" IRON ROD A CALCULATED POINT rVVVV I� '� 437s4 bi S80'30'16"E L.KINGSBAIDGIIST. zl" o5�ti0 N8970'I6'WJ ''I ✓U 17 LOT 00 POINT OF COMMENCEMENT 1 �4 5SB-9'23 Je"E589. '25' 12"E 29 Y 28 Y'l� 576.y4 PROJECT 110, EXHIBIT L n), C11005 wm 00-25-11 xrivGsBxrncE SUBDIVISION PH 2 SHEET2rc 0r, 0 . uns w�nr7•, .� Yn0 1 QF 1 SEWER—WATER. EASEMENT NO. 2 This easement is situated in a portion of Lot 11, Blocic 2 of Dartmoor Subdivision, Book 64, Page 6539, on file inthe Office of the Recorder, Ada County, Idaho, located within a portion of the SE 1/4 of the NW 1/4 of Section 28, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho and is more particularly described as follows: COMMENCING at the west 1/4 corner of said Section 28, said point monumented with a 5/8 - inch diameter iron ted and referenced in Corner Perpetuation an Filing Instrument No. 109000681, on file in the Office of the Recorder, Ada County, Idaho; thence along the south boundary of the SW 1/4 of the NW 1/4 of said Section 28, A) 5.89°23'38"E., 1327.92 feet to the southwest corner of the SE 1/4 of the NW '1a of said Section 28; thence along the south boundary of the said SE 1/4 of the NW 1/4, 1) S.89025'12"E., 576.54 feet to the southeast comer of proposed Kingsbridge Subdivision Phase 2; thence along the easterly boundary of said proposed Kingsbridge Subdivision Phase 2 the following courses: 2) N.00°29'23"E., 230.85 feet; thence, 3) S.89°30'16"E., 14.00 feet; thence, 4) N.00°2923"E., 182.50 feet to the northeast corner of Lot 36, Block 3 of said proposed Kingsbridge Subdivision Phase 2; thence along the north boundary of said Lot 36, 5) N.89°30'16"W„ 17.65 feet; thence leaving said north boundary , 6) N.00°29'23"E., 10.00 feet the POINT OF BEGINNING; thence, B) N,00°29'44"E., 37,00 feet; thence leaving the east boundary of said proposed Kingsbridge Subdivision Phase 2, L\Project Files\C 110051Survey\LEGAL DESCRIPTIONS\exhibit A, Sewer -Water Esmt. No.] 08241 1.doc Project: C11005 Date: August 24, 2011 Page: 2 of 2 1) 5.89°30'16"B., 205,24 feet; thence, 2) 5.00°2944"W., 37.00 feet; thence, 3) N.89'30'1 6"W., 205.24 feet to the POINT Or BEGINNING. EXHIBIT "B" PROPOSED 10NGSBRIDGE SUBDIVISION PHASE 2 SITUATED 1N THE SE U4 OF THE NW 114 OF SECTION 28 TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2011 POINT OF DEGINNING N89'30'10"W 17.65 --...-- JS89'3D'16`'E ----� 0 205.29 m FRINGSBRIDGEST. 20524 aI^ LOT 36 Qq��l1y LOT 35 587301 VE co IA.OD� I CD � I I I 3 I I � I 1110"191111 ----- EXHIBIT LINE — SECTION, 1/4 OR 1/16 LINE — ROAD RIGHT–OF–WAY — LOT LINE ,s 5/8- IRON ROD A CALCULATED POINT PROJECT NO. C 11005 EXHIBIT B" - KINGSBRIDGE SUBDIVISION PH 2' SHEETaura ae n.i lxows l::w' aJ1 wa: I OF I SEWER—WATER EASEMENT NO. 1k�~'' ' MERIDIAN _ __10N10 a: an F. &IOWNELL a.Ls. w w LOT 33 InI In or POINT OF COMMENCEMENT LOT 32 I 1/4 5 _ --V132702. — `� __V116.5 5]fi.59� 73,707 29 28 1110"191111 ----- EXHIBIT LINE — SECTION, 1/4 OR 1/16 LINE — ROAD RIGHT–OF–WAY — LOT LINE ,s 5/8- IRON ROD A CALCULATED POINT PROJECT NO. C 11005 EXHIBIT B" - KINGSBRIDGE SUBDIVISION PH 2' SHEETaura ae n.i lxows l::w' aJ1 wa: I OF I SEWER—WATER EASEMENT NO. 1k�~'' ' MERIDIAN _ __10N10 a: an F. &IOWNELL a.Ls. Sewer -Water -Easement .No. 3 This easement is situated in a portion of Lot 11, Block 2 of Dartmoor Subdivision, Book 64, Page 6539, on file in the Office of the Recorder, Ada County, Idaho, located within a portion of the SE 1/4 of the NW 1/4 of Section 28, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho and is more particularly described as follows: COMMENCING at the north 1/16 west corner of said Section 28, said point monumented with a 5/8 -inch diameter iron rod; thence along the north boundary of the S 1/2 of the NW 1/4 of said Section 28, A) S.89-30'1 6"E., 1756.17 feet to the northeast corner of the proposed Kingsbridge No. 2 Subdivision; thence along the easterly boundary of said proposed Kingsbridge No. 2 Subdivision, 1) S.00°29'44"W., 181,00 feet; thence, 2) S.89°30'16"E., 60.06 feet; thence, 3) S.00°29'44"W., 3.00 f6etto the POINT OF BEGINNING; thence leaving the easterly boundary said proposed Kingsbridge No, 2 Subdivision, B) S.89 -30'16"E,,25.00 feet; thence, 1) S.00029'44"W., 37.00 feet; thence, 2) N.89°30' 16"W., 25.00 feet to a point on the easterly boundary of said proposed Kingsbridge No. 2 Subdivision; thence along said easterly boundary, 3) N.00°29'44"E., 37.00 feet to the POINT OF BEGINNING. L:Uli ject Files1C11005\Survey%LEGAL DESCRIPT10NS1Exlribir A, Sewer -Water Esmt. No.3 03241 Ldoe EXHIBIT "B" - PROPOSED. ICINGSBRIDGESUBDIVISION PHASB2 SITUATED IN TI -(L''. SE 1/4 OF THE N W I/4 OI' SECTION 28 TOWNSHIP 9 NORTH, RANGE I EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDA140 2011 NI/16 __509'JQ^I GSE 9 1 28 nss.i��.. 2._.�....`---'--..—..—.._.._ POINT OF COMMENCEMENT— Q ol ¢l W LEGEND ---- EXHIBIT LINE W ------- BOU14DARY UNE Eli � Q Ni-' — — — SECTION, 1/4 OR 1/16 LINE OQ ;9'4 ROAD RIGHT-OF-WAY �Q ,9-ti� I �'QQ) L LOT LINE {;4�'ti� �p 5/8" IRON ROD I SB9'JO'I6"E 6• CALCULATED POINT se9'JO'I6"6 60.06 SOO2B' 0- 7 9'44'WDARLINGTON DR, �3� �/ POINT OF ///ll BEGINNING 0 tea' w 2 PROJECT NO. EXI3IBIT B" C11005 �,,, KINGSBRIDGE SUBDIVISION PH 2SHEEr ••K I OF I SEWER -WATER EASEMENT NO. 3 AIEHIWAH IDAHO erz<xro m• F WOMELL 0 tL . Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with M.D. Willis for Transcription Services MEETING NOTES llpet-o-� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this � day of n && L , 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", whose address is 33 East Broadway Avenue, Meridian, Idaho 83642, and M. D. Willis, Inc., hereinafter referred to as "Contractor", whose address is 1695 E. Comisky, Meridian, Idaho, 83642 PREMISES: A. Whereas, as part of its records, CITY desires to produce minutes and verbatim transcripts of hearings; and, B. Whereas, CONTRACTOR is in the business of providing stenographic services to public bodies, and others who need verbatim transcripts; and C. Whereas, CITY and CONTRACTOR desire to enter into an agreement whereby CONTRACTOR would furnish stenographic services to the CITY. NOW, THEREFORE, the parties hereto agree as follows: Scope of Services: CONTRACTOR shall perform all the necessary services provided under this agreement in connection with taking minutes and testimony at hearings in proceedings before the Meridian City Council and the Meridian City Planning and Zoning Commission. CONTRACTOR agrees to attend four (4) regular City Council meetings each month, and two (2) regular scheduled Planning and Zoning Commission meetings each month, and at those meetings, to transcribe the proceedings as to produce minutes and verbatim transcripts. CONTRACTOR will furnish to the City Attorney and the Planning Department, within two working days following a given meeting, a rough draft of the transcript. A final transcript shall be furnished to the City Clerk's office with a copy thereof, within five working days following the meeting. hi the event CITY requires additional stenographic services beyond the six monthly meetings set forth above, CONTRACTOR agrees to provide such additional services provided that CONTRACTOR receives not less than two days notice prior to such meeting or meetings. 2. Contractor Non -Attendance — Emergency: In the event that an emergency or some other event not within CONTRACTOR'S control prevents CONTRACTOR from attending one of the meetings herein, CONTRACTOR'S attendance at that meeting shall be excused and CONTRACTOR shall prepare the minutes/hearing record from audio tapes furnished by the City Clerk. In that event, CONTRACTOR shall not be paid the meeting attendance fee but will be compensated for the actual transcription. Agreement for Stenographic Services FY09 — page 1 of 5 CONTRACTOR shall notify the City Clerk as soon as possible regarding the emergency and reason for non-attendance. 3. Time of Performance: The services of CONTRACTOR are to commence on the lst day of October, 2011 and continue through the 30`h day of September, 2012, unless terminated or renewed. 4. Compensation: CITY shall pay to CONTRACTOR the sum of TWENTY DOLLARS ($20.00) per hour (rounded to the nearest one-half hour) per meeting attendance by CONTRACTOR and further shall send an e-mail attached document transcription attachment and produce an original transcript, one copy thereof, and one Microsoft Word formatted electronic copy upon request at SIX DOLLARS ($6.00) per page based upon single spaced with margins of not more than one inch each on all sides on an 81/2" x 11" page with the font to be Arial 12 pitch. 5. Method of Payment: CONTRACTOR will invoice the City of Meridian Accounting Department at 33 East Broadway Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices no later than the 15°i day of the month following delivery of the Invoice to CITY. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 M. D. Willis, Inc. 1695 E. Comisky Meridian, Idaho, 83642 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. Agreement for Stenographic Services FY09 — page 2 of 5 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Subcontracting: None of the services covered by this agreement shall be subcontracted without the prior written consent of the CITY. CONTRAACTOR shall be fully responsible to CITY for the acts and omissions of subcontractors, and of persons either directly or indirectly employed by them, as CONTRACTOR is for the acts and omissions of person directly employed by CONTRACTOR. 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 Services required herein, CONTRACTOR shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Duplication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Termination for Cause: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. In such event, all finished or unfinished documents, data, maps, studies, surveys, drawings, models, photographs and reports prepared by CONTRACTOR under this Agreement shall, at the option of CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this Agreement by CONTRACTOR, and CITY may withhold any payments to CONTRACTOR for the purposes of offset until such time as the exact amount of damages due CITY from CONTRACTOR are determined. This provision shall survive the termination of this Agreement and shall not relieve CONTRACTOR of its liability to CITY for damages. Agreement for Stenographic Services FY09 — page 3 of 5 CITY understands and acknowledges that CONTRACTOR has the right to terminate due to cause instigated by CITY. In that situation, CONTRACTOR would have the same rights as CITY identified herein. 16. Independent Contractor Status: Both the CITY and CONTRACTOR agree that the relationship created by this agreement is that of independent contractor and not that of employee and employer. CONTRACTOR is responsible for the payment of any taxes, including, but not limited to, all federal, state and local personal and business income taxes, sales and use taxes, other business taxes and license fees, arising out of the activities of the CONTRACTOR. CONTRACTOR is responsible to keep in force all necessary public liability insurance and vehicle insurance with carriers which are satisfactory to CITY, and shall hold the CITY harmless from all claims, demands or suits arising out of the performance of services under this agreement. 17. Insurance: CONTRACTOR will supply CITY with proof of insurance general liability and vehicular liability insurance limits of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000). 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. Option to Renew: CITY shall have the option to renew this agreement for successive one year periods provided that CITY notifies CONTRACTOR no later than thirty (30) days before the end of this agreement and any extension or renewal thereof, of CITY'S exercise of such option. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 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. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Agreement for Stenographic Services FY09 — page 4 of 5 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. DATED AND SIGNED this 4th day of October, 2011. CITY OF MERIDIAN BY: Tammy eerd, Mayor Attest: "'00 EDgUC G LD City of ee L. lman, City Clerk E IDIAN DA r ^yrrP SEAL, iNF M. D. WILLIS, INC. BY: M 9'&= M. Dean Willis, President Attest: een Willis, Secretary Agreement for Stenographic Services FY09 — page 5 of 5 Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Powerhouse Fitness for Instructor Services MEETING NOTES p 100=1 10 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR INSTRUCTOR SERVICES This PROFESSIONAL SERVICES AGREEMENT FOR INSTRUCTOR SERVICES is made this 0(0 day of S0 2011, by and between the City of Meridian, a municipal corporation organized u der the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Linda Cowan, doing business as Powerhouse Fitness whose address is 2025 E Kentucky Drive, Nampa, Idaho, 83686, Idaho (hereinafter "Instructor") (collectively, "Parties"). WHEREAS, City and Instructor are mutually interested in providing and enhancing wellness and fitness opportunities for employees of City; WHEREAS, Instructor has specialized training, experience, and skill and is willing to dedicate such skill to the instruction of City employees; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Instructor agree as follows: L GENERAL OBLIGATIONS AND EXPECTATIONS OF INSTRUCTOR. A. Scope of Services. Upon execution of this Agreement, Instructor shall perform and furnish to City aII services as specified in the document entitled "Scope of Services," a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. B. Timeliness. Instructor shall perform services and work Under this Agreement from October 1, 2011 through September 30, 2012. C. Compliance with laws and standards. Instructor shall provide services and work under this Agreement consistent with the requirements and standards established by any and all applicable federal, state and city laws, ordinances, regulations and resolutions. Instructor represents and warrants that Instructor will perform all work under this Agreement in accordance with generally accepted industry standards and safety practices for the professions or specialties that are used in performance of this Agreement. II. CONSIDERATION. A. Compensation. City shall pay Instructor for services rendered under this Agreement in the amount specified in the Scope of Services attached hereto. This amount shall constitute full compensation for any and all services performed, materials furnished, and costs incurred by Instructor. B. Method of payment. City shall remit payment to Instructor for services rendered under this Agreement within thirty (30) days of receipt of monthly invoice. AGREEMENT FOR INSTRUCTOR SERVICES - POWERHOUSE FITNESS PAGE I OF 5 C. Taxes. City shall not withhold any Federal or State income taxes or Social Security tax from any payment made by City to Instructor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Instructor. D. No additional compensation. Except as expressly provided in this Agreement, Instructor shall not be entitled to receive from 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, or transportation. Further, without limitation, Instructor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays, or other paid leaves of absence of any type or kind whatsoever. III. GENERA TE 3 AND COND1T1ON5. A. Acknowledgment. Instructor acknowledges that rendering services under this Agreement presents risks, some of which are unknown, and agrees to assume all risks associated with the fulfillment of the terms of this Agreement. B. Indemnification and waiver. Instructor and each and all of Instructor's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall, and hereby does, indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or properly and losses and expenses caused or incurred by Instructor or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof, at or in its use of City property, facilities, or equipment or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C, No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises, property, facilities, or equipment that City provides for Instructor's use. Instructor accepts the premises, property, facilities, Or equipment provided by City as is, both at the Effective Date of this Agreement and for each practice session, game, and/or gams day. D. Time of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision of this Agreement, and that the failure to timely perform any obligation hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform, E. Notice. Communication between the Parties regarding day-to-day matters (e.g., issues related to scheduling and venue) shall occur via e-mail, facsimile, or telephone. All other notices required to be given by either of the Parties shall be, in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: AGREEMENT POR INSTRUCTOR SERVICES -POWERHOUSE FITNESS PAGE 2 OP 5 City: City of Meridian Instructor: Attn: Human Resources Director 33 E. Broadway Avenue Meridian, Idaho 83642 Linda Cowan Powerhouse Fitness 2025 E Kentucky Drive Nampa, ID 83686 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. F. Assignment. Instructor shall not assign or sublet all or any portion of Instructor's interest in or obligations under this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. G. Independent contractor, hi all matters pertaining to this agreement, Instructor shall be acting as an independent contractor, and neither Instructor nor any officer, employee or agent of Instructor shall be deemed an employee or agent of City in any manner or for any purpose. H. Termination. If, for any reason, Instructor fails to fuIfll in a timely and proper manner Instructor's obligations under this Agreement, violates any of the covenants, agreements, and/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 Agreement, and/or City determines that termination of this Agreement is in the best interest of City, City may terminate this Agreement by mailing written notice to Instructor of such termination and specifying the effective date thereof, at least forty-eight hours prior to the effective date of such termination. Instructor may terminate this agreement at any time by giving at least seven (7) days notice to City. Upon termination of the agreement, Instructor's classes shall be immediately cancelled and the Parties shall have no further dealing hereunder, except that Instructor shall be paid for services actually rendered pursuant to this agreement. I. Liability upon termination. Notwithstanding the above or any other provision of this Agreement, Instructor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Instructor, and City may withhold any payments to Instructor for the purposes of set-off until such time as the exact amount of damages due City from Instructor is determined. This provision shall survive the termination of this agreement and shall not relieve Instructor of liability to City for damages. J. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. AGREEMENT FOR INSTRUCTOR SERVICES—POwERnou.w F1TNCss PAGE 3 of 5 K. Attorney fees. Should litigation commence 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. L. Discrimination prohibited. In performing services under this Agreement, Instructor shall not unlawfully discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, sexual orientation, age, or disability. M. Compliance with laws. In performing the scope of services required hereunder, Instructor shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. N. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding shall 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. O. 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. P. 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. Q. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorney's or the opportunity to seek such advice. R. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2011. INSTRUCTOR: CITY OF MERIDIAN: POWERHOUSE FITNESS Attest: AGEEEM Tammy d y eerd, Mayor PAGE 4 of 5 EXHIBIT A SCOPE OF SERVICES Duties: Kettle Bell Class Instructor to perform duties two days per week, Mondays and Wednesdays 12:00pm- 12:50pm, unless otherwise specified and mutually agreed upon by both parties. Kettle Bell Class Instructor to provide Kettle Bells. Kettle Bell Class Instructor duties to be performed on the 3rd Floor of Meridian City Hall in Room # 306 unless otherwise mutually agreed upon by both parties. Compensation: $35.00 per person per class regardless of participants. AGREEMENT FOR INSTRUCTOR SERVICES — POWERHOUSE FITNI'.ss PAGE 5 OF 5 Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Kristy Swinney for Massage Therapist Services MEETING NOTES RffVfV-j Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR INSTRUCTOR SERVICES This PROFESSIONAL SERVICES AGREEMENT FOR INSTRUCTOR SERVICES is made this -�L day of (')P,1 -c bc> ( 2011, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Kristy Swinney, an individual person whose address is 1517 W. Euclid Avenue, Boise, Idaho (hereinafter "Instructor") (collectively, "Parties"). WHEREAS, City and Instructor are mutually interested in providing and enhancing wellness and fitness opportunities for employees of City; WHEREAS, Instructor has specialized training, experience, and skill and is willing to dedicate such skill to the instruction of City employees; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Instructor agree as follows: I. GENERAL OBLIGATIONS AND EXPECTATIONS OF INSTRUCTOR. A. Scope of Services. Upon execution of this Agreement, Instructor shall perform and furnish to City all services as specified in the document entitled "Scope of Services," a copy of which is attached hereto as Exhibit,4 and incorporated herein by this reference. B. Timeliness. Instructor shall perform services and work under this Agreement from October 1, 2011 through September 30, 2012. C. Compliance with laws and standards. Instructor shall provide services and work under this Agreement consistent with the requirements and standards established by any and all applicable federal, state and city laws, ordinances, regulations and resolutions. Instructor represents and warrants that Instructor will perform all work under this Agreement in accordance with generally accepted industry standards and safety practices for the professions or specialties that are used in performance of this Agreement. II. CONSIDERATION. A. Compensation. City shall pay Instructor for services rendered under this Agreement in the amount specified in the Scope of Services attached hereto. This amount shall constitute full compensation for any and all services performed, materials furnished, and costs incurred by Instructor. B. Method of payment. City shall remit payment to Instructor for services rendered under this Agreement within thirty (30) days of receipt of monthly invoice. C. Taxes. City shall not withhold any Federal or State income taxes or Social Security tax from any payment made by City to Instructor under the terms and conditions of this Agreement. AGREEMENT FOR INSTRUCTOR SERVICES - KRISTY SWINNEY PAGE 1 OF 5 Payment of all taxes and other assessments on such sums shall be the sole responsibility of Instructor. D. No additional compensation. Except as expressly provided in this Agreement, Instructor shall not be entitled to receive from 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, or transportation. Further, without limitation, Instructor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays, or other paid leaves of absence of any type or kind whatsoever. III. GENERAL TERMS AND CONDITIONS. A. Acknowledgment. Instructor acknowledges that rendering services under this Agreement presents risks, some of which are unknown, and agrees to assume all risks associated with the fulfillment of the terms of this Agreement. B. Indemnification and waiver. Instructor and each and all of Instructor's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall, and hereby does, indemnify, save and hold harmless, release and forever discharge City and its agents and employees 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 Instructor or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof, at or in its use of City property, facilities, or equipment or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises, property, facilities, or equipment that City provides for Instructor's use. Instructor accepts the premises, property, facilities, or equipment provided by City as is, both at the Effective Date of this Agreement and for each practice session, game, and/or game day. D. Time of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision of this Agreement, and that the failure to timely perform any obligation hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. E. Notice. Communication between the Parties regarding day-to-day matters (e.g., issues related to scheduling and venue) shall occur via e-mail, facsimile, or telephone. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City: City of Meridian Instructor: Kristy Swinney Attn: Human Resources Director 1517 Euclid 33 E. Broadway Avenue Boise, Idaho 83706 Meridian, Idaho 83642 AGREEMENT FOR INSTRUCTOR SERVICES - KRISTY SWINNEY PAGE 2 OF 5 ( Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. F. Assignment. Instructor shall not assign or sublet all or any portion of Instructor's interest in or obligations under this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. G. Independent contractor. In all matters pertaining to this agreement, Instructor shall be acting as an independent contractor, and neither Instructor nor any officer, employee or agent of Instructor shall be deemed an employee or agent of City in any manner or for any purpose. H. Termination. If, for any reason, Instructor fails to fulfill in a timely and proper manner Instructor's obligations under this Agreement, violates any of the covenants, agreements, and/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 Agreement, and/or City determines that termination of this Agreement is in the best interest of City, City may terminate this Agreement by mailing written notice to Instructor of such termination and specifying the effective date thereof, at least forty-eight hours prior to the effective date of such termination. Instructor may terminate this agreement at any time by giving at least seven (7) days notice to City. Upon termination of the agreement, Instructor's classes shall be immediately cancelled and the Parties shall have no further dealing hereunder, except that Instructor shall be paid for services actually rendered pursuant to this agreement. I. Liability upon termination. Notwithstanding the above or any other provision of this Agreement, Instructor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Instructor, and City may withhold any payments to Instructor for the purposes of set-off until such time as the exact amount of damages due City from Instructor is determined. This provision shall survive the termination of this agreement and shall not relieve Instructor of liability to City for damages. J. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. K. Attorney fees. Should litigation commence 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. AGREEMENT FOR INSTRUCTOR SERVICES - KRISTY S W INNEY PAGE 3 OF 5 ( L. Discrimination prohibited. In performing services under this Agreement, Instructor shall not unlawfully discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, sexual orientation, age, or disability. M. Compliance with laws. In performing the scope of services required hereunder, Instructor shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. N. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding shall 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. O. 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. P. 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. Q. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorney's or the opportunity to seek such advice. R. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. 14 -- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this y day of 2011. CITY OF MERIDIAN: V Attest: AGREEMENT FORINSTRUCTOR SERVICES-KRISTY SWEJNEY PAGE 4 of 5 EXHIBIT A SCOPE OF SERVICES Duties: Massage Therapist will perform duties one day per month with the option to add additional day if required, unless otherwise specified and mutually agreed upon by both parties Massage Therapist duties to be performed during the hours of 10:00 a.m. and 2:00 p.m., unless otherwise specified and mutually agreed upon by both parties Massage Therapist duties to be performed on the 3`d Floor of Meridian City Hall in the Human Resources Department, unless otherwise specified and mutually agreed upon by both parties. Compensation: $12.00 per person for each 15 minute massage. AGREEMENT FOR INSTRUCTOR SERVICES -KRISTY SWINNEY PAGE 5 of 5 Meridian City Council Meeting DATE: October 4. 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Laurie McElroy for Instructor 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 PROFESSIONAL SERVICES AGREEMENT FOR INSTRUCTOR SERVICES This PROFESSIONAL SERVICES AGREEMENT FOR INSTRUCTOR SERVICES is made � this day of 6 r 2011, by and between the City of Meridian, a municipal corporation organ ize—dfimder the laws of the State of Idaho, whose address is 33 East Broadway Avenue ) , Meridian, Idaho (hereinafter "City'), and Laurie McElroy, an individual person whose address is 3022 E. Green Canyon Drive, Meridian, Idaho (hereinafter "Instructor") (collectively, "Parties"). WHEREAS, City and Instructor are mutually interested in providing and enhancing wellness and fitness opportunities for employees of City; WHEREAS, Instructor has specialized training, experience, and skill and is willing to dedicate such skill to the instruction of City employees; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Instructor agree as follows: I. GENERAL OBLIGATIONS AND EXPECTATIONS OF INSTRUCTOR. A. Scope of Services. Upon execution of this Agreement, Instructor shall perform and furnish to City all services as specified in the document entitled "Scope of Services," a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. B. Timeliness. Instructor shall perform services and work under this Agreement from October 1, 2011 through September 30, 2012. C. Compliance with laws and standards. Instructor shall provide services and work under this Agreement consistent with the requirements and standards established by any and all applicable federal, state and city laws, ordinances, regulations and resolutions. Instructor represents and warrants that Instructor will perform all work under this Agreement in accordance with generally accepted industry standards and safety practices for the professions or specialties that are used in performance of this Agreement. 11. CONSIDERATION. A. Compensation. City shall pay Instructor for services rendered under this Agreement in the amount specified in the Scope of Services attached hereto. This amount shall constitute full compensation for any and all services performed, materials furnished, and costs incurred by Instructor. R. Method of payment. City shall remit payment to Instructor for services rendered under this Agreement within thirty (30) days of receipt of monthly invoice. C. Taxes. City shall not withhold any Federal or State income taxes or Social Security tax from any payment made by City to Instructor under the terms and conditions of this Agreement. AGREEMENT FORINSTRUCTOR SERVICES —LAURIE MCELROY PAGE t of 5 Payment of all taxes and other assessments on such sums shall be the sole responsibility of t Instructor. D. No additional compensation. Except as expressly provided in this Agreement, Instructor shall not be entitled to receive from 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, or transportation. Further, without limitation, Instructor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays, or other paid leaves of absence of any type or kind whatsoever. M. GENERAL TERms AND CONDITIONS. A. Acknowledgment. Instructor acknowledges that rendering services under this Agreement presents risks, some of which are uulmown, and agrees to assume all risks associated with the fulfillment of the terns of this Agreement. B. Indemnification and waiver. Instructor and each and all of Instructor's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall, and hereby does, indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or properly and losses and expenses caused or incurred by Instructor or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof, at or in its use of City property, facilities, or equipment or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises, property, facilities, or equipment that City provides for Instructor's use. Instructor accepts the premises, property, facilities, or equipment provided by City as is, both at the Effective Date of this Agreement and for each practice session, game, and/or game day. D. Time of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision of this Agreement, and that the failure to timely perform any obligation hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. E. Notice. Communication between the Parties regarding day-to-day matters (e.g., issues related to scheduling and venue) shall occur via e-mail, facsimile, or telephone. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City: City of Meridian Ins tractor: Laurie McElroy Attn: Human Resources Director 3022 E. Green Canyon Drive 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 AGREEMENT FOR INSTRUCTOR SERVICF-S — LAURIE MCELROY PAGE 2 OF 5 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. F. Assignment. histiuctor shall not assign or sublet all or any portion of Instructor's interest in or obligations under this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. G. Independent contractor, hi all matters pertaining to this agreement, Instructor shall be acting as an independent contractor, and neither Instructor nor any officer, employee or agent of Instructor shall be deemed an employee or agealt of City in any manner or for any purpose. H. Termination. I£, for any reason, Instructor fails to fulfill in a timely and proper manner Instructor's obligations under this Agreement, violates any of the covenants, agreements, and/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 Agreement, and/or City determines that termination of this Agreement is in the best interest of City, City may terminate this Agreement by mailing written notice to Instructor of such termination and specifying the effective date thereof, at least forty-eight hours prior to the ( effective date of such termination. Instructor may terminate this agreement at any time by giving at least seven (7) days notice to City. U pon termination of the agreement, Instructor's classes shall be immediately cancelled and the Parties shall have no further dealing hereunder, except that Instructor shall be paid for services actually rendered pursuant to this agreement. I. Liability upon termination. Notwithstanding the above or any other provision of this Agreement, Instructor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Instructor, and City may withhold any payments to Instructor for the purposes of set-off until such time as the exact amount of damages due City from Instructor is determined. This provision shall survive the termination of this agreement and shall not relieve Instructor of liability to C i ty for damages. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. K. Attorney fees. Should litigation commence 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 arty default, termination or forfei I tire of this Agreement. AGREEMENT FORINSTRUCTOR SERVICES -LAURIE MCELROY PAGE 3 OF 5 L. Discrimination prohibited. In performing services under this Agreement, Instructor shall not unlawfully discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, sexual orientation, age, or disability. M. Compliance with laws. In performing the scope of services required hereunder, Instructor shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. N. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding shall 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. O. 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. P. 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. Q. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorney's or the opportunity to seek such advice. R. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 14 day of OC&4g�K , 2011. INSTRUCTOR: • r CC � '-Laurie McElroy CITY OF MERIDIAN: 01 - BY: c%�Li%�/ rco �7 EPM Tammy de erd, Mayor (` E yr SEAL Attest: f �e T0.FA5 J'aycee L. lQman, City Clerk AGREEMENT FOR INSTRUCTOR SERVICES — LAURIE MCELROY PAGE 4 OF 5 E, XIIIBIT A Scope of Services Duties: Yoga Class Instructor to perform duties two days per week, Tuesdays and Thursdays 12:05pm- 12:55pm, unless otherwise specified and mutually agreed upon by both parties. Yoga Class Instructor duties to be performed on the 3`1 Floor of Meridian City Hall in Room # 306 unless otherwise mutually agreed upon by both parties. Compensation: $35.00 per class regardless of number of participants. Exhibit A Meridian City Council Meeting DATE: October 4. 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Check Presentation by Bob and Judy Ricketts of the Light My Fire Committee to the City of Meridian Fire Department 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: October 4, 2011 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Floodplain Variance Request of Building Addition at 975 E. Pine St by Ada County Operations Department 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 REQUEST FOR ITEM TO BE PLACED ON COUNCIL AGENDA Agenda Item Title: Floodplain variance request of building addition at 975 E. Pine St. by Ada County Operations Department. Agenda Item for: Regular Council Meeting Proposed Agenda Council Meeting date: October 4, 2011 Agenda Item Description: Presenter is providing a review of a building project located in the floodplain that is requesting a floodplain variance for construction. The construction elevations required by City ordinance would create a building floor with two different elevations and the building would lose functionality. Staff recommends approving the floodplain variance request submitted on September 22, 2011 by Engineering and Waste Solutions, LLC on behalf of the Ada County Operations Department to allow floodproofing of the truck storage building at 975 E. Pine St Presenter: Outside Agent, Angie Cornish, Engineering and Waste Solutions LLC. A/V Need: N/A Time necessary for Presentation: 15 mins EPublic Works Works Department I D A H O Environmental Division Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hooglun Charles Rountree David Zaremba TO: Mayor de Weerd Members of City Council FROM: David Miles, Surface Water Program Administrator DATE: September 27, 2011 SUBJECT: STAFF LETTER OF RECOMMENDATION FOR. APPROVAL OF FLOODPLAIN VARIANCE REQUEST OF BUILDING ADDITION AT 975 E. PINE ST. BY ADA COUNTY OPERATIONS DEPARTMENT I. RECOMMENDED ACTION A. Move to: Approve the floodplain variance request submitted on September 22, 2011 by Engineering and Waste Solutions, LLC on behalf of the Ada County Operations Department to allow floodproofing of the truck storage building at 975 E. Pine St. II. DEPARTMENT CONTACT PERSONS David Miles, Surface Water Program Administrator 489-0383 Warren Stewart, Public Works Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION This letter is in support of a request for variance from the City's Flood Damage Prevention Ordinance by the Ada County Operations Department. Ada County is proposing an addition at the Weed, Pest and Mosquito Abatement Truck Storage Building, which is located in a FEMA Special Flood Hazard Area at 975 E. Pine St. The existing building was constructed in 2007 and fully complied with the City Flood Damage Prevention Ordinance at the time of construction. Since that time the City Ordinance has been amended to require finished floors of buildings to be elevated to a higher level than the previous editions. Further, FEMA regulations and Page] of 3 City ordinance contain a description of certain work defined as a "substantial improvement'. Any addition to an existing building which equals or exceeds 50 percent of the market value of the existing structure or increases the floor area by more than 20 percent is a substantial improvement and the existing building plus addition would then be required to comply with the construction regulations within the ordinance. This project meets the definition of a substantial improvement. Non-residential structures, such as this, when permitted locally, are allowed by FEMA regulations to use a technique known as floodproofing rather than elevating the finished floor above the Base Flood Elevation (BFE). Floodproofing allows the floor of a building to be located below the BFE or City ordinance height provided that the building is constructed to prevent flood waters from entering into the building. Our City ordinance currently does not allow floodproofing. This building is used for truck storage. Vehicles enter and exit this building throughout the day for washing of trucks after applications, loading trucks for pest applications, and storing them at the end of the work day. Current City ordinance would require that the new addition be constructed with a floor one foot higher than is currently present creating a one foot elevation difference between the existing and new areas over which vehicles would traverse. Because this is not practical, the applicant, as a mitigation measure, is proposing to build the addition to match the current floor heights which are one foot above the BFE, seal the exterior of the building with a waterproof sealant and provide flood "gates" at all openings up to two feet above the BEE. The applicant will also be moving all chemicals that are currently in the building to an area within the new building which will be secured and elevated to the City ordinance height of two feet above BFE. In reviewing this project I have considered all relevant factors and conditions within the City ordinance and have determined that floodproofing is a viable solution for this project. The velocities and height of water are low in this area, as are any danger of materials being swept to other properties. The site is not located in a floodway, and the compatibility and services of this building are consistent with the current use and location as well. Further, I find that this variance will provide a minimum deviation from our local requirements while still exceeding FEMA minimum requirements. The building will still be elevated above BFE by one foot, exceeding FEMA standards, and then floodproofed the remaining one foot to meet the City ordinance. I have reviewed this proposal with the City Engineer and the Public Works Director and they concur with my recommendation to approve the variance provided all elements of construction follow FEMA guidelines for floodproofing which will be reviewed and conditioned during the building permit application process. VII. LIST OF ATTACHMENTS A. Applicant Letter of Request and Reference Site Plan Page 2 of 3 B. City Flood Damage Prevention Ordinance Section 10-6-4(D) "Appeals and Variances" Approved for Council Agenda: Page 3 of 3 Engineering and Waste Solutions Ilc September 22, 2011 Thomas Barry Public Works Director City of Meridian 33 E. Broadway Ave, Suite 200 Meridian, ID 83642 Re: Ada County Weed and Pest Truck Storage Addition Dear Thomas: Per our meeting on September 21, 2011, I am writing to request a variance for the Ada County Weed and Pest Truck Storage Addition located at 975 E. Pine Street in Meridian. This site is located in a FEMA Special Flood Hazard Area. The project consists of a building addition of approximately 15,000 square feet to the existing Weed and Pest building at this site. The addition will include enclosed vehicle storage (parking), as well as a separate chemical storage room. No additional chemicals, fluids, or hazardous materials will be stored in the facility currently beyond what is already there. The existing Weed and Pest building was constructed in 2007 with a finished floor elevation of 2607.50. The Base Flood Elevation (BFE) for the site is 2606.50 so the existing building has a finished floor elevation of BFE + 1 foot, which meets FEMA requirements and met the City's flood damage prevention ordinance at the time. Since the original building was constructed, the City has revised the ordinance to require finished floors of new buildings to be BFE + 2 feet. Due to the traffic flow and use of this building, adding vehicle storage to the existing building with a new finished floor 1 foot above the existing floor creates an almost impossible transition for moving vehicles between the existing building and proposed addition. On behalf of Ada County Operations Department, I respectfully request a variance from the City's local requirement of elevating the lowest finished floor to BFE + 2 feet for the vehicle storage area as required on section 10-6-(A)(2)(a). We propose that the vehicle storage area of the addition have a finished floor elevation of BFE + 1 foot, that all the exterior surfaces and openings, existing and new, be flood proofed, and that the building implement an emergency operation plan as directed in FEMA Technical Bulletin 3-93. The separate chemical storage room within addition will be elevated to meet the City's current ordinance of BFE + 2 feet. We feel that this variance will provide a minimum deviation from City ordinance while continuing to exceed FEMA's minimum regulations. It is understood that any changes in the operational use of the facility from chemical and truck storage will require review from the City to assure ongoing compliance with local floodplain management ordinances. Thank you for your consideration. Sincer Angela Cornish, P.E. Engineering and Waste Solutions Ilc FLGDDGATELDGTION FLOOD GATE LOGT N FLOOOGATELOGTION FLOOD.1E LO CAT roN FLOODGATELOc 10N . FLDGD GATE LOCAToH FLOOOGATELOGTION - OFlood Ei KEYNOTES GATE mm mewxc _W Z F- J J D Q m LL W F- Q N WO aF mw ❑Y WC) 3' F1 Sterling Codifiers, Inc. Page 2 of 4 c. Require that final elevation certificates or other as built documents are submitted by the permit applicant before certificates of occupancy are granted for the project. 2. Notification Of Alteration Of Watercourse: Notify adjacent communities and the state department of water resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration. 3. Maintain The Following Information For Public Inspection: a. Floodplain development permit applications and attachments. b. Results of hydraulic studies as required by this chapter. c. No rise certificates as required by this chapter. d. Floodproofing certificates. e. Any other documents pertaining to the provisions of this chapter. 4. Interpretation And Amendment Of Meridian Floodplain And Floodway Overlay District Boundaries: a. Make interpretations where needed, as to specific location of the boundaries of the special flood hazard area or Meridian floodplain and floodway overlay districts (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). b. Submit amendments as appropriate to city council for approval. D. Appeals And Variances: 1. Appeal And Variance Procedures: a. The city council shall hear and decide appeals and requests for variances from the requirements of this chapter. b. The city council shall hear and decide appeals when it is alleged there is an error it any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter. The floodplain administrator and applicant shall consult with the city engineer prior to appealing to city council. c. Those aggrieved by the decision of the city council, or any taxpayer, may appeal such decision to the fourth judicialdistrict court, Ada County, Idaho, pursuant to Idaho Code chapter 52, title 67. In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and (1) The danger that materials may be swept onto other lands to the injury of others; http://www.sterlingeodifiers.com/codebook/printnow.php 9/27/2011 Sterling Codifiers, Inc. Page 3 of 4 (2) The danger to life and property due to flooding; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. e. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the federal insurance administration upon request. 2. Conditions For Variances: a. Variances shall not be issued within the Meridian floodway overlay district if any increase in flood levels during the base flood discharge would result. b. Variances shall only be issued upon: (1) A showing of good and sufficient cause; reasons that do notconstitute good and sufficient cause include: loss of property value, inconvenience to the property owner, or lack of funding to comply. (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (3) A determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. http://www.sterlingcodifiers.com/codebook/printnow.php 9/27/2011 Sterling Codifiers, Inc. Page 4 of 4 (4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Any variance should allow only minimum deviation from the requirements of this code. c. Upon consideration of the factors of subsection D1 d of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter. d. Variances as interpreted in the national flood insurance program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. e. Any applicant to whom a variance is granted shall be given written notice by the floodplain administrator that the development will be permitted without meeting city code requirements and that the cost of flood insurance will be commensurate with the increased risk of flood damage. (Ord. 08-1358, 5-6-2008, eff. 5-6-2008) http://www.sterlingcodifiers.com/codebook/printnow.php 9/27/2011 Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent 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: October 4, 2011 ITEM NUMBER: gA PROJECT NUMBER: AZ 11-001 ITEM TITLE: Ten Mile Annexation Public Hearing from July 21, 2011: AZ 11-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of 1-84 Request: Annexation and Zoning of 116.25 Acres of Land From RUT in Ada County to C -G Zone 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: October 4, 2011 ITEM NUMBER: PROJECT NUMBER: TEC 11-007 ITEM TITLE: Bellingham Park Subdivision Public Hearing: TEC 1 1-007 Bellingham Park Subdivision by Northside Management Located Approximately 1/4 Mile East of S. Locust Grove Road and 1/4 Mile North of W. Amity Road Request: Two (2) Year Time Extension on the Preliminary Plat 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: October 4, 2011 ITEM TITLE: Shops at Victory ITEM NUMBER: PROJECT NUMBER: TEC 11-006 Public Hearing: TEC 1 1-006 Shops at Victory by DMG - Eagle & Victory, LLC Located at 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat and Conditional Use Permit for the Shops at Victory MEETING NOTES "V �aV4-j' Community Item/Presentations Presenter Contact Info./Notes D-AeN OYl k 0 I Ig CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: 9D PROJECT NUMBER: FP 11-008 ITEM TITLE: Spurwing Grove No. 2 FP 11-008 Spurwing Grove No. 2 by SWG Brighton, LLC Located at Northwest Corner of N. Jayker Way and W. Magic Spruce Drive Request: Final Plat Approval for 10 Residential Building Lots and 2 Common Lots on 3.03 Acres in an R-8 Zoning District MEETING NOTES lway'--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 Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Public Works Department: Outreach Plan for Water Conservation 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 E T N Public H Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, PE Assistant City Engineer DATE: September 29, 2011 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Request for October 4 City Council Meeting Agenda Item Under Consent Agenda: Outreach Plan for Water Conservation Plan I. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, Engineering Manager 489-0350 Tom Barry, Public Works Director 489-0372 II. DESCRIPTION An update on the status of the Water Conservation Plan Draft was presented to Council on September 27. Council requested that staff bring back a public outreach plan the following week. Staff has worked with the Mayor's office and proposes the following outreach plan for your approval. All activities will be coordinated with and reviewed by the Mayor's office. Meridian Water Conservation Plan Public Outreach Plan October 5 . Post draft Water Conservation Plan on the City website with a link to front page asking for review and comments and advertise the Public Meeting at City Hall on Nov 22. • Post similar notice on Facebook and Twitter directing interested people to the City's website to review the draft plan and advertising the public meeting. November 1 . Place short informational article in City News and direct people to the draft plan. Advertise public meeting. November 10 o Put out press release in Valley Times regarding the draft plan and public meeting. November 15 • Hold public meeting to solicit input. November 22 . Update Cit Council on outreach progress and discuss next steps. Approved for Council Agenda: IV Warren Stewart, Engineering Manager Date Page 1 of I DRAFT CITY OF MERIDIAN IDAHO CiWEibl* 2011 WATER CONSERVATION PLAN City of Meridian Water Conservation Plan Table of Contents SECTION 1- INTRODUCTION AND SUMMARY.............................................................................................. 3 PURPOSE AND SCOPE OF THE PLAN........................................................................................................................... 4 PLANELEMENTS....................................................................................................................................................... 7 RESOLUTION AND ADOPTING THE PLAN................................................................................................................... 7 SECTION 2 — AREA CHARACTERISTICS.......................................................................................................... 8 PHYSICALSETTING..........................................::....................................................................................................... 8 WATERSYSTEMS...................................................................................................................................................... 8 DEMOGRAPHICSFORECAST.................................................................................................................................... 10 SECTION 3 — ANALYSIS OF HISTORICAL AND PROJECTED WATER DEMAND ................................. 11 HISTORICAL WATER USE -POTABLE WATER......................................................................................................... 11 HISTORIC WATER USE - SURFACE WATER............................................................................................................. 12 SUMMARY OF PROJECTED DEMAND - POTABLE WATER......................................................................................... 13 SECTION4 — WATER SUPPLY............................................................................................................................ 15 SOURCES OF WATER - CURRENT CAPACITY AND SOURCE OF SUPPLY.................................................................... 15 SUSTAINABLEYIELD.............................................................................................................................................. 15 SUPPLY AND DEMAND BALANCE............................................................................................................................ 15 SECTION 5 — RECLAIMED WATER PLAN.......................................................................................................17 CITY'S CURRENT AND PLANNED RECLAIMED WATER PROGRAM........................................................................... 17 SECTION 6 — CURRENT WATER CONSERVATION PLAN..........................................................................18 MEASURESIMPLEMENTED...................................................................................................................................... 18 MANAGEMENT OF NON -REVENUE WATER............................................................................................................. 18 SECTION 7 — POTENTIAL CONSERVATION ACTIONS............................................................................... 19 SECTION 8 — RECOMMENDED PLAN............................................................................................................... 20 SECTION 9 — WATER SHORTAGE PLAN......................................................................................................... 24 WATER SHORTAGE PLAN ELEMENTS...................................................................................................................... 24 WATER SUPPLY CONDITION 1: POSSIBLE WATER SHORTAGE PREDICTED............................................................. 26 WATER SUPPLY CONDITION 2: PROBABLE WATER SHORTAGE PREDICTED ........................................................... 27 WATER SUPPLY CONDITION 3: WATER SHORTAGE EMERGENCY........................................................................... 28 APPENDIX A — WATER CONSERVATION WORKING GROUP MEMBERS ............................................. 29 APPENDIX B — CONSERVATION ACTIONS CONSIDERED.............:::......................................................... 30 APPENDIX C — CITY CUSTOMER PROFILE................................................................................................... 35 APPENDIXD — DEFINITIONS.............................................................................................................................. 36 APPENDIX E — LIST OF TABLES AND FIGURES..............................ERROR! BOOKMARK NOT DEFINED. 7/13/2011 DRAFT Page 2 of 37 City of Meridian Water Conservation Plan List of Figures and Tables Figure 2-1 Historic Population Trend........................................................................................... 10 Table 2-1 Service Area Population Projections............................................................................ 10 Figure 3-1 Historical Water Production........................................................................................ 11 Table 3-1 Historical Per Capita Demand - Potable Water............................................................ 12 Table 3-2 Projected Demand Without Conservation.................................................................... 13 Figure 3-2 Demand Projections to 2060....................................................................................... 13 7/13/2011 DRAFT Page 3 of 37 City of Meridian Water Conservation Plan Section I — Introduction and Summary Meridian Idaho is a community situated in a high desert location that may have been summarily dismissed as uninhabitable by people traveling along the Oregon Trail to greener lands along the west coast. Meridian only receives about 12 inches of precipitation per year. The native landscape is sparse, mostly treeless and the summers are hot and dry. The federal construction of water storage dams and irrigation canals allowed surface water from the Boise River watershed to be delivered throughout the area, including virtually all land in the past, present and future city limits of Meridian. This surface water supply has enabled the development of agriculture and industry. Although Meridian land is served by surface water providers for irrigation, the City relies exclusively on groundwater for its municipal water source. This groundwater is present both from the effects of leaking canals, long term flood irrigation and from natural recharge. The City operates and maintains 18 wells that pump approximately 3 billion gallons of groundwater annually. The City has monitored pressures in the aquifer system over the last several years and has not found any statistically significant decline that would indicate water is being used faster than recharge is occurring. In summary, the City of Meridian has not experienced water supply shortages and future water supplies appear to be assured for many years. So, Why Conserve? Even if the details of how are complex, the answer to why is simple: Although it is plentiful now, annual water supply for Meridian residents by surface water or groundwater is a finite resource. It is one factor that has the potential to limit growth and industry in the area and in the City itself. Not only can a shortage of clean water limit growth, but there are other negative consequences including the economic burden of increased cost of water on residents and businesses. In addition to affecting the overall supply of water, conservation can: • Decrease reliance on development of new sources of water supply • Delay or reduce capital investments for water and wastewater • Reduce operation and maintenance costs for water and wastewater • Improve supply reliability • Encourage the most beneficial use of available water for residents of Meridian and the surrounding area Purpose and Scope of the Plan The overriding purpose of adopting and implementing a water conservation plan is to ensure an ample supply of clean, safe, affordable water for current and future City residents. Additionally, studying water conservation can help define and adjust limits for our current water supply. 7/13/2011 DRAFT Page 4 of 37 City of Meridian Water Conservation Plan Purpose The purpose of the conservation plan is to preserve, protect and extend the useful life of the City's current water supplies by reducing per -capita water consumption. Scope As part of the 2011 Water Master Plan, the City held a workshop to discuss long-term water supply issues. The workshop was attended by City staff, elected officials, and subject matter experts. As a result of that effort and further direction, the following scope was developed for the Water Conservation Plan: Plan Term The objectives of this plan have a time frame from 1-10 years. Because this is the City's first formal Water Conservation Plan, there are many unknown factors that will influence future versions. Primarily, it is unknown to what extent different conservation actions will influence residents. The overall plan should be re-evaluated in 3-5 years, however, specific conservation actions should take place or be evaluated annually or even on shorter schedules as indicated in the Conservation Actions matrix. Groundwater Ps Surface Water The City of Meridian currently uses groundwater as its only source of potable water for residents. The City currently has no control over the delivery or allocation of surface water to residents. In fact, since residents pay a fixed fee for surface water regardless of the quantity used, there is no fiscal incentive for them to conserve. Regardless of current delivery practices, the City staff and elected officials realize that the yearly supply of surface water is a variable and finite resource that has a great impact on the economy and quality of life for Meridian residents. Even if surface water conservation has no immediate benefit or need for residents, population growth, climate change, and other factors will likely change that in the future. Understanding that the culture of water conservation is developed over time, this plan recognizes that starting the effort before there is a dire need will help ensure future success. For these reasons, this plan encourages the conservation of both groundwater and surface water. Plan Data Much of the data used in this plan was assembled and presented as part of the 2011 Water Master Plan update for the City of Meridian. This plan was developed by Murray, Smith and Associates and staff from Meridian Public Works Engineering and Water Operations. The Water Master Plan should be consulted for more detailed information or explanation of how data was gathered, assembled and analyzed. Plan Development and Public Participation The goals, objectives, guidance and determination of appropriate conservation measures for the City have been developed cooperatively by a Water Conservation Plan Working Group composed of citizens, business representatives and City staff. Working Group members were sought out through website advertisement, outreach activities and individual contacts. Staff 7/13/2011 DRAFT Page 5 of 37 City of Meridian Water Conservation Plan made specific efforts to ensure that different groups of customers were represented. The City of Meridian is grateful for the time and effort these members provided. Conservation Plan Working Group Members are found in Appendix A. Specific objectives of this 2010 Water Conservation Plan Working Group: • Identify goals of the Meridian Water Conservation Plan by 3/30/11. • Identify objectives of the Meridian Water Conservation Plan by 4/30/11. • Identify a Water Conservation Coordinator by 3/30/11. • Examine potential conservation measures and select appropriate measures to recommend for implementation by 6/30/11. These include measures for a water shortage plan. • Recommend an annual budget for water conservation by 6/30/11. • Recommend a complete Water Conservation Plan for Council approval by 9/30/11. 7/13/2011 DRAFT Page 6 of 37 City of Meridian Water Conservation Plan Conservation Plan Goals Meridian Water Conservation Plan Long Tenn Goals were developed by the working group described above with input over several weeks and workshops. They are: • Ensure an adequate, sustainable and reliable supply of water at a reasonable cost for current and future needs of the community. • Promote environmentally and economically sound use of available water resources. • Protect and preserve water resources through leadership, research, cooperation with other stakeholders, and education. • Prepare for drought and water emergencies. Conservation Plan Objectives The Working Group developed some specific objectives that could be used to guide what conservation actions would be recommended. • Adopt a formal water conservation plan by October 1, 2011. • Adopt a water shortage plan by October 1, 2011. • Establish an ongoing water conservation education program for the Meridian community by 2013. • Evaluate and report on the effectiveness of the Water Conservation Plan to the community annually; share experience, lessons learned, generate public involvement and get feedback. • Reduce Meridian customer potable water per capita use by 3% by 2015, in addition to the reduction achieved by the addition of more customers who use surface water for irrigation. • Provide leadership by convening stakeholders within the Lower Boise watershed and developing a water conservation partnership by 2015. • Gather hydrogeologic data and develop a realistic working model of aquifer system around Meridian by 2013. Develop fresh water supply projections (sustainable aquifer yield) by 2015. • Reclaim and reuse 80% of Meridian's wastewater by 2030. • Establish cooperative relationships with surface water providers by 2013. Plan Elements This plan includes four basic elements: • Study area characteristics • Analysis of historical and projected water demand • Water supply • Past, current and future conservation measures Resolution and Adopting the Plan It is intended that this plan will be reviewed, approved and adopted by the City Council. 7/13/2011 DRAFT Page 7 of 37 City of Meridian Water Conservation Plan Section 2 —Area Characteristics Physical Setting The City of Meridian is located in Southwestern Idaho approximately 32 miles east of the Oregon border and approximately 110 miles north of the Nevada border. The City is named for Idaho's principle meridian used for the initial survey of the state. Meridian was established in 1893 and incorporated as a village in 1903 with a population of approximately 200. The elevation of Meridian is about 2600 feet above sea level. The average daily temperature varies from 75 degrees Fahrenheit in the summer to 29 degrees Fahrenheit in the winter. Average annual precipitation is 11.5 inches. Average summer relative humidity at noon is 41 percent. Nights are cool and the growing season is approximately 175 days long. The development of flood irrigation and Meridian's climate made it well suited to a variety of agricultural activities. Dairy farms, dairy product production, fruit growing and fruit packing were the primary industries in Meridian through the first half of the 20°i century. Agricultural activity continues today, but is being replaced by urban development and corresponding economic diversification. Land converted from agriculture to other uses is still served by irrigation systems that provide abundant water at low cost. Since 1994, Meridian has been the fastest growing city in Idaho with the population tripling between 1990 and 2000, and more than doubling between 2000 and 2007. It has become a center of retail and commercial development in southwest Idaho. Water Systems Municipal System Meridian's municipal water system is a public system under the direction of the City government. The system has over 400 miles of pipe and approximately 3,500 active fire hydrants. It includes 19 wells that have a combined capacity of about 18,000 gpm, 21 pressure control valves, 2 booster stations and 2.5 million gallons of storage. Some details regarding current and predicted demand follow in this narrative. Additional information can be found in appendix C. Surface Water Systems Most residents in the City of Meridian are also served by pressurized and non -pressurized irrigation systems that are supplied by surface water that was originally diverted for agricultural use. Delivery of surface water is managed by irrigation districts. Flood irrigation is employed in much of the agricultural areas surrounding the City; however, as urban development occurs on farmland, surface water delivered to that land is provided to City residents through pressurized irrigation systems. These systems are owned and operated either by the irrigation districts or homeowners associations. 7/13/2011 DRAFT Page 8 of 37 City of Meridian Water Conservation Plan As noted, not all residential properties in the City have surface water irrigation systems. Currently, about 20% of the population uses municipal water for irrigation; however, new developments in the City are required by city code to provide pressurized irrigation systems from surface water if the developing land was previously served by surface water. This city code is in alignment with state law that strongly encourages the use of surface water as the primary source for irrigation (including lawns). Because of this, the population percentage using municipal water for irrigation will continue to shrink with time. 7/13/2011 DRAFT Page 9 of 37 City of Meridian Water Conservation Plan Demographics Forecast The population of the City and the surrounding area saw relatively slow growth until 1990. From 1990 through 2007, the population estimates reflect extremely rapid growth. The yearly growth rate from 2000-2007 ranged from 6.5% to 21.8% with an overall yearly average of 12.3%. With the nation-wide economic decline starting in 2008, growth has dramatically decreased. A summary of historical City population according to US Census and COMPASS records is shown in Figure 2-1 and Table 2-1 below. Figure 2-1 Historic Population Trend Meridian, Idaho Historic Population 78e644eAreaPo u_lattoriBsttin 80,000 3 � z 2015 85,000 2020 104,000 70,000 140,000 2060 252,000 ."_ 345,000 60.000 �Ey_ F r 50 000 _ � x 40,000 IRS 30,000 x a 20,000 10,000 1940 1950 1960 1970 1990 1990 2000 2010 Year As part of the Water Master Plan Update COMPASS population forecasts by Traffic Analysis Zones (TAZ) were applied to growth areas estimated by City planning staff to estimate future populations for the City impact area. Table 2-1 Service Area Population Projections 7/13/2011 DRAFT Page 10 of 37 78e644eAreaPo u_lattoriBsttin 2010 66,000 2015 85,000 2020 104,000 2030 140,000 2060 252,000 Build -Out 345,000 7/13/2011 DRAFT Page 10 of 37 City of Meridian Water Conservation Plan Section 3 —Analysis of Historical and Projected Water Demand Historical Water Use - Potable Water In general, total production of potable water, as shown in Figure 3-1 has steadily increased over the last decade although it has fallen off somewhat since 2007. Figure 3-1 Historical Water Production a 3.5 0 m 3 m p 2.5 a 2 c 0 1.5 a w 0.5 m 3 0 8 S S Year Historical Water Production 7/13/2011 DRAFT Page I I of 37 City of Meridian Water Conservation Plan An analysis of total production divided by the estimated population at each year showed a clear trend of decreasing per capita consumption. This decrease could be explained by several factors. • City requirement for new development to use surface water for irrigation where available thereby reducing the percentage of customers using potable water for irrigation. • Conservation due to rate increases. • Conservation due to recent economic hardships, "even without rate increases. • Conservation due to building codes and practices that require or encourage more efficient fixtures and appliances. • Greater public awareness regarding the importance of water conservation. Table 3-1 Historical Per Capita Demand - Potable Water Year SerYtceNiADD f ]NIDD -MMD ' - � Area; �gPepd)b �gPcPd) � (gPcPd) 2005 50,449 147 285 307 2006 59,851 137 260 252 2007 645617 147 295 249 2008 64,969` 132 233 272 2009 65,321` 128 243 227 Averages 138 263 261 ° Ponulation fieures are based on COMPASS city populations and service area ratios b Gallons per capita per day 'Population is linearly interpolated using COMPASS 2010 benchmark population Because most of the area that will develop and provide new customers for the City's potable water is currently served by surface water for agriculture, it is expected that the trend of decreasing per capita demand for potable water will continue as the city grows. Research completed for the City's Water Master Plan indicated that residents served by surface water for irrigation used about 112 gpcpd of potable water while residents that use potable water for irrigation used about 224 gpcpd of potable water (both figures based on ADD). Since all new customers will be served by surface water for irrigation, the overall per capita demand should continue to drop without any conservation measures. A conservative per capita ADD of 130 gpcpd was used as a base for future demand projections that do not include any additional conservation measures. Historic Water Use - Surface Water It is important to note that, although the demand for potable water for lawn irrigation is reduced by the use of surface water, the overall use of water is not reduced. Surface water is supplied to property owners at historic delivery rates (generally about 4 acre feet per acre during the irrigation season) based on the historic agricultural use of the land. Property owners are assessed a fixed fee and are not charged based on the amount of water used. Consequently, property owners have no incentive to conserve surface water. Even though surface water delivery is accounted for by providers through weir measurements, the use of that water by customers is not measured, so the per capita demand is unknown. 7/13/2011 DRAFT Page 12 of 37 City of Meridian Water Conservation Platt Summary of Projected Demand -Potable Water As discussed earlier, a per capita average day demand of 130 gpcpd was applied to the population forecasts discussed in Section 2. The following Table 3-2 and Figure 3-2 summarize the resulting demand forecast. Table 3-2 Proiected Demand Without Conservation Year - SerYice ADD MDI) r MMD " PI3D "( gJ 2015 85,000 11.05 22.10 19.89 33.15 2020 104,000 13.52 27.04 24.34 40.56 2030 140,000 18.20 36.40 32.76 54.60 2060 252,000 32.76 65.52 58.97 98.82 Figure 3-2 Demand Projections to 2060 Demand Projections at 130 gpcpd 120 100 60 9 M ti tPHD 7 60 �MDD —I—ADD u 40 20 0 2010 2020 2030 2040 2050 2060 2070 Year The 2011 Water Master Plan Update discusses the impact of water conservation on future demand. The data gathered showed that customers using surface water for irrigation had an average per capita potable water consumption of 112 gpcpd. This number can be used as a target for overall per capita consumption with conservation. This is a 13.8 percent difference in per capita consumption (from the proposed planning metric of 130 gpcpd). 7/13/2011 DRAFT Page 13 of 37 City of Meridian Water Conservation Plan The impact of such reduction over time to a water provider would be significant. In 2060, MDD could be reduced by 9 mgd. ADD could be reduced by 4.5 mgd which equates to over 1.6 billion gallons per year. For the utility, this means less infrastructure expense, less operational expense and less impact on the water source. Conservation of Surface Water The extensive use of surface water by Meridian residents for irrigation is a benefit because it reduces overall use and peaking factors for potable water, therefore reducing overall cost. However, this conservation plan recognizes that using surface water instead of potable water for purposes such as irrigation does not imply overall water conservation. As previously mentioned, the pricing of surface water (one flat fee for a year regardless of how much is used) does not provide an economic incentive to conserve. Surface water is not supplied by the City and the City has no control over how it is priced and delivered. Additionally, the actual use of surface water delivered to Meridian residents is not measured, so conservation efforts related to this resource can not be quantified at this time. This plan recognizes that even though yearly surface water supply is normally more than sufficient for irrigation purposes and inexpensive now, it is likely that conservation of this resource will eventually be critical to the growth and prosperity of the City and the region. Therefore, the plan includes consideration of actions to conserve water whether it is surface water provided by irrigation districts and canal companies or potable water provided by the City. The Water Conservation Plan Working Group discussed some ideas on how the delivery and use of surface water might be changed to encourage conservation. One recommendation includes establishing working groups with irrigation districts, canal companies and legislators. Current practices for allocating and delivering surface water have been employed for over 100 years and alternatives for the future have not yet been developed. This plan focuses on education and building a culture of water conservation that is appropriate for the and climate in which we live that invites anyone to participate. It includes forming partnerships with the Idaho Department of Water Resources (IDWR) and other water suppliers, but does not include any specific actions regarding surface water suppliers. It is envisioned that future revisions of the plan can build on this initial and progress can be made towards conservation of the overall water resource. 7/13/2011 DRAFT Page 14 of 37 City of Meridian Water Conservation Plan Section 4 — Water Supply Sources of Water - Current Capacity and Source of Supply Meridian currently relies on groundwater as the single source for all its potable water supply. Although it is the sole source of potable supply, it is a complex resource. Municipal wells tap the groundwater supply from 300 to 800 feet below ground level. Water from these various depths and locations varies in chemical composition and overall quality. Meridian's Municipal water supply system has the capacity to pump approximately 33,000 gpm for several hours and up to 30,000 gpm for an indefinite time period. The 2010 Water Master Plan Update includes detailed information about Meridian's water supply and distribution infrastructure. Sustainable Yield Changes in static water levels have been observed at wells across Meridian, but they have not been significant and have not necessarily been attributed to municipal pumping. There is very little information on the rate of recharge of the aquifer system and the sustainable pumping volume. Meridian monitors water levels at several observation wells at various locations throughout the city. Data has been collected for a number of years with some wells dating back to the early 1990s. The City is working to use this data along with drilling logs, to develop a groundwater model and aquifer mapping in order to better understand the characteristics of the aquifer system, including the recharge mechanisms and sustainable yield. The information being gathered and analyzed for Meridian will likely be the best available data that exists and will be invaluable for the City's conservation efforts. Supply and Demand Balance The 2010 Water Master Plan projected demands through ultimate build -out for the City. Total demand projections using a conservative per capital demand of 130 gallons per day were used in Table 3-3. Average demand per day is projected to be about 33 million gallons in 2060. Over a year, that equates to 12 billion gallons of potable water supply needed. History and all available data have shown that the aquifer system that Meridian relies upon for potable water supply is extremely productive; however, as discussed, the ultimate sustainable yield is unknown. Additionally, we may not know when we have exceeded this sustainable yield until after it happens. Again, more data collection and analysis is needed to better understand this issue. Once again, surface water supply and conservation may become an important issue. The Treasure Valley Comprehensive Aquifer Management Plan (CAMP) effort produced a Treasure Valley Future Water Demand study by WRIME Consultants. The study indicated that the net water demand (regardless of source) per acre for agricultural land was greater than for urban 7/13/2011 DRAFT Page 15 of 37 City of Meridian Water Conservation Plan land. Therefore, the conversion of agricultural use to urban use as population in Meridian and the Treasure Valley grows produces a net decrease in overall water demand. Although this concept has not been met with agreement from all parties involved in the CAMP, it underlines a recurring theme of this plan; that water conservation should include surface water and groundwater. To encourage the conservation of both resources, which are naturally connected, legislators and regulatory agencies must work towards the most beneficial use of water. If this can be accomplished, it would appear that the overall water resource will support our demands for at least 50 years. 7/13/2011 DRAFT Page 16 of 37 City of Meridian Water Conservation Plan Section 5 — Reclaimed Water Plan The conversion of wastewater to reclaimed water, and its use, will be a key component in water conservation in the future. Reclaimed water has a variety of applications which can either replace or reduce the need for other sources of water, and/or replenish groundwater supplies, or both. The following description is from the draft Reclaimed Water Master Plan developed for the City by HDR Engineering: City's Current and Planned Reclaimed Water Program OVERVIEW OF RECLAIMED WATER PROGRAM The City of Meridian (City) is developing a program to produce and distribute reclaimed water for a variety of uses. Reclaimed water is a highly treated water resource generated at the City's municipal wastewater treatment plant that meets standards for reuse established by the Idaho Department of Environmental Quality (DEQ). This Reclaimed Water Master Plan (Master Plan) presents a long-range vision for the City's reclaimed water program and defines market expectations for reclaimed water sales. Cost opinions for constructing future components of the reclaimed water production and distribution system are also presented, which establishes the foundation from which a framework for financing capital investments has been analyzed. Finally, the Plan identifies policy and implementation issues that will affect development and financing of the reclaimed water program. The City's reclaimed' water program will I continue to evolve as the City gains experience with the production and distribution of the resource. Therefore, the policies, assumptions, and findings of this Master Plan are expected to be updated regularly, particularly in the near-term. Program History The City has been producing Class A reclaimed water since 2009, and beneficially reusing the water for turf irrigation at Heroes Park. This demonstration project has offered a highly visible means by which to educate the public about the value of this resource. The Idaho Department of Environmental Quality issued the City a Final Wastewater Reuse Permit (No. LA -000215-02) on April 19, 2010. This permit is effective for five years and allows for the use of reclaimed water in irrigation, dust suppression, toilet flushing, lined surface water features, sanitary sewer flushing, and fire suppression throughout the City. This "City-wide" permit supports the expansion of the program that is presented in the Master Plan. The Vision for of the Meridian Public Works Department for the year 2030 was developed in 2009. Recycling and reusing wastewater is a primary component of that Vision which foresees recycling and/or reuse of 80% of the waste stream by that time. 7/13/2011 DRAFT Page 17 of 37 City of Meridian Water Conservation Plan Section 6 — Current Water Conservation Plan Measures Implemented Conservation efforts in Meridian have historically been the result of supply and distribution system limitations, rather than a concern for the long term availability of supply. In 1993, the City distributed a flyer to customers and asked them to conserve in a number of different ways so water would be available to everyone for the summer, but after new wells were constructed, the system crises was over and formal conservation plans were not adopted. Even though a conservation plan has not been formally adopted, Meridian currently practices several important conservation practices that include: • Metering water to customers and including a component of the bill for usage • Tracking non -revenue water used for flushing and hydrant flows • Managing tight pressure zones to avoid high service pressures • Enforcing building codes for low flow toilets and show heads • Encouraging the use of reclaimed water • Using automatic irrigation controls for Parks Facilities 1993 Flyer Management of Non -Revenue Water The 2010 Water Master Plan Update evaluated production and sales records for 2008 and 2009, and found that non -revenue water is very low, averaging just 3% of water produced. This canbe attributed to several factors: • Much of the City's infrastructure is very new due to the recent explosive growth • The City has an active meter replacement program • The City tracks water used for flushing • The City tracks water used for fire training 7/13/2011 DRAFT Page 18 of 37 City of Meridian Water Conservation Plan Section 7 — Potential Conservation Actions This plan is Meridian's first formal water conservation plan. As discussed previously, the City's water supply and distribution infrastructure is more than capable of providing peak demands and emergency flows to customers. In addition, the City is extremely fortunate to be tapping an aquifer system that has shown little to no decline after several years of sustained pumping. The City understands, however, that annual water supply is a limited resource and is taking measures to better understand the resource. The Conservation Plan Working Group submitted their ideas for water conservation measures which were consolidated and added to measures found in the AWWA Manual: Water Conservation for Small and Medium -Sized Utilities. The Working Group preferred the term Conservation Actions, rather than measures. These potential actions were organized and discussed by the Working Group in light of the Goals and Objectives they had previously developed. The outcome was a list of recommended actions for the plan. The Conservation Actions were categorized as follows: • Utility / City Practices • Ordinances and Rules • Outreach • Incentives • Reclaimed Water In developing the Goals, Objectives, and Conservation Actions of this plan, the different perspectives of the Working Group members were apparent. However, it was a consistent opinion among members that the best conservation actions were those that employed education, outreach and setting an example through City leadership rather than developing ordinances or rules to try to force customers to conserve. Appendix B contains the matrix of Conservation Actions considered including recommendations / notes from the Working Group. Some actions discussed may require additional research to determine potential costs and benefits. In several cases, the group recommended that actions be considered based on future research and analysis. 7/13/2011 DRAFT Page 19 of 37 City of Meridian Water Conservation Plan Section 8 — Recommended Plan The initial recommendation is to assign the duties of a Conservation Coordinator to an existing position within the Environmental Division. It is contemplated that a part time position may be added in the future for this function. The Conservation Coordinator will be responsible to implement or facilitate the implementation of the action items below, to measure their effectiveness, and to provide regular reports on conservation efforts to the City Council. The conservation plan includes objectives that reach to 2015. However, a yearly report to City Council is also an objective and it is anticipated that, as the action items are completed and information is gathered and analyzed, the conservation plan and action items will be updated annually. The following table includes the actions that have been recommended by the Working Group. As a formal conservation effort is new to the City, many of the recommendations are simply to research or evaluate different actions to analyze their feasibility and efficacy. 7/13/2011 DRAFT Page 20 of 37 u. City / Wit y Practices _ Evaluate costs and benefits of Low Low Engineering reducing the water from flushing Division by improving supply water quality through filters Purchase leak detection Med Med Water equipment to reduce wasted Division water from system leaks Develop source meter calibration Low High Water Engineering program Division Division Create automatic alerts when Low High Utility Water, customer use increases Billing Conservation abnormally Coordinator Perform audits on top users in Low Med Utility Water, customer categories and use info Billing Conservation for outreach I Coordinator Develop audit pilot program for Low High Conservation Enviro, landscape irrigation Coordinator Planning, Water Division Support Parks Department Low Low Conservation conservation efforts Coordinator Cooperate with other Low Low Conservation government or water supplier Coordinator conservation efforts 7/13/2011 DRAFT Page 20 of 37 City of Meridian Water Conservation Plan 7/13/2011 DRAFT Page 21 of 37 EMEM Perform fixture audit and Low Low Conservation corrective actions for City Coordinator buildings Coordinate with Building Low Low Conservation Building Services to ensure high Coordinator Services efficiency fixtures are included in new construction Seek conservation program Low Low Conservation Planning funding from state, county, or Coordinator Grant federalresources Administrator Request a budget of $25,000 for High High Conservation Finance water conservation., Funding Coordinator would support a portion of a position and conservation actions recommended. Benchmark Meridian's Low NA Conservation conservation efforts with other Coordinator similar cities and include in annual report to Council Explore formation of regional Low NA Conservation water conservation group (or use Coordinator existing regional group) Meet with IDWR regularly to Low Med Conservation discuss ground and surface water Coordinator conservation issues Recognize people or businesses Low Med Conservation that practice conservation- award Coordinator program or news posts Ord�nanees and Rules Benchmark other cities Low NA Conservation Building regarding individual unit Coordinator Services metering to multi -unit buildings Set aside a portion of rates for Public Engineering conservation efforts Works Division, Finance Explore feasibility of tiered rate Low NA Conservation Engineering structure Coordinator Division, Finance Develop planning ordinances Med High Planning Conservation that encourage and incentivize Coordinator conservation Create design standards for Med High Planning Conservation landscaping Coordinator 7/13/2011 DRAFT Page 21 of 37 City of Meridian Water Conservation Plan Examine benefits of adopting Low NA Conservation I Building 2009 nlumbine cc I Coordinator I Services Continue efforts with schools Low High Conservation Coordinator Distribute educational materials Low High Conservation I Water at various locations / events Low High Coordinator Division, water conservation, including Coordinator Engineering tips, electronic brochures, Division, Collaborate with professional Low Med Conservation organizations and HOAs Coordinator Develop web page dedicated to Low High Conservation Information water conservation, including Coordinator Technology tips, electronic brochures, innovative technologies, and links to other sites, kid's pages, and games Include education about peak Low Med Conservation Engineering hour usage to reduce peaking Coordinator Division, factors Water Division Provide information on self- Low High Water audits to customers. Division Conduct outreach to commercial Low Med Conservation Building and industrial customers Coordinator Services regarding fixtures, cooling towers, appliances, etc. -Reclauned Water, ;� Explore feasibility of reclaimed Low NA Engineering water fire hydrants and water Division truck filling stations. Encourage conversion of potable Low Low Engineering water irrigators to reclaimed Division water Encourage large potable water Low Low Engineering users to convert appropriate uses Division to reclaimed water Cost Estimates (Cost to City): Low = $0-5,000 Med = $5,000-$20,000 High = Over $20,000 7/13/2011 DRAFT Page 22 of 37 City of Meridian Water Conservation Plan .4 Benefits: Because the potential benefits from an action item can be actual measurable water conserved, or non-measurable benefits such as customer awareness and education, the High, Medium, and Low levels are a best guess based on group discussion. 7/13/2011 DRAFT Page 23 of 37 City of Meridian Water Conservation Plan Section 9 — Water Shortage Plan Water shortages are situations when the City is unable to meet the water demands of its customers at the minimum required distribution pressure. Such conditions can be short or long term depending on the causes and can be due to problems with pumping and distribution infrastructure, the water supply, or unusually high demands. Water Infrastructure Problems: • Water main breaks • Well failures • Booster failures • Power failures Water Supply Problems: • Contaminants in supply • Extreme drought • Conjunctive management/ curtailment • Water table decline Unusually High Demands: • Multiple simultaneous fires • Extremely hot weather The City of Meridian has a very robust supply and distribution system. However, if several of the problems identified above occurred in combination, there may be a need for cooperative community conservation to ensure that water is available for critical uses such as fire fighting and medical needs. Meridian's water distribution system includes five different pressure zones to ensure water is delivered to customers in a narrow range of pressures- generally between 60 and 80 psi. With one exception (the lowest zone), each pressure zone has wells to supply demand in that zone. Pressure zones are separated by Pressure Reducing Valves (PRVs) that maintain pressure differential, but still allow flow between zones. The highest pressure zone can transfer water down to any zone below it. Because of the operational nature of these pressure zones, calculations for supply and demand will include a pressure zone and all zones above it to determine if a water shortage situation is pending or exists. Water Shortage Plan Elements Ideally, the City would respond to the threat of a shortage and manage demand to avoid the shortage. The following are three different conditions and the appropriate responses in order to manage demand and maintain system pressure for critical uses. Each condition level includes 7/13/2011 DRAFT Page 24 of 37 City of Meridian Water Conservation Plan the following elements: 1. Triggering Conditions 2. Initiation Procedures 3. Demand Management Response 4. Termination Procedures Because Meridian's system does not include large storage facilities, it relies on instantaneous pumping capacity from wells to serve peak demands. Therefore, the triggering conditions for determining whether a shortage is pending or exists are based on the Peak Hour Demand in relation to the pumping capacity of the system. It is important to note that the City will take additional actions to correct or mitigate whatever problems have lead to a water shortage. The responses considered in this plan are only directed to managing demand / encouraging conservation. Another important note is that the termination of a Supply Condition can mean the condition has improved or gotten worse, so the demand management response selected should be appropriate to the change in condition. 7/13/2011 DRAFT Page 25 of 37 City of Meridian Water Conservation Plan Water Supply Condition 1: Possible Water Shortage Predicted Triggering Conditions: Forecast Peak Hour Demand plus fire flow through the next 6 months exceeds the current capacity of any pressure zone and the zones above it combined. Initiation Procedures: Water Division works with Engineering Division to assess current pumping capacity and forecast demands based on current demand patterns, historic trends, and other available data. Water Superintendent makes determination that condition exists and notifies the Public Works Director, who declares the condition to the Mayor's Office. The Mayor officially declares the condition to the public and initiates an appropriate demand management response. Demand Management Response: Work with the Public Works Director and Public Affairs Officer to organize outreach effort to request voluntary water conservation. Consider the following options: • Use billing inserts to inform customers of the situation • Provide press release for Website • Distribute press release HOAs, businesses, and customers by email Termination Procedures: Water Division works with Engineering Division to assess pumping capacity and refine demand forecasts. Water Superintendent makes determination that condition no longer exists and notifies the Public Works Director, who informs the Mayor and Council. The Mayor officially declares the change in condition to the public and initiates the appropriate demand management response if any. 7/13/2011 DRArf Page 26 of 37 City of Meridian Water Conservation Plan Water Supply Condition 2: Probable Water Shortaee Predicted Triggering Conditions: Forecast Peak Hour Demand through the next six months exceeds of the current capacity of any pressure zone and the zones above it combined. Initiation Procedures: Water Division works with Engineering Division to assess current pumping capacity and forecast demands based on current demand patterns, historic trends, and other available data. Water Superintendent makes determination that condition exists and notifies the Public Works Director, who declares the condition to the Mayor's Office. The Mayor officially declares the condition to the public and initiates an appropriate demand management response. Demand Management Response: Work with the Public Works Director and Public Affairs Officer to organize outreach effort to request voluntary water conservation. Consider the following options: • Press release may need to be distributed to media for general release • Use billing inserts to inform customers of the situation • Provide press release for Website • Distribute press release HOAs, businesses, and customers by email Consider implementing mandatory conservation measures: • Prohibit outdoor use of City water • Initiate conservation rate schedule • Charge emergency conservation fees for residential use over 7,000 gallons • Initiate probable water shortage rate schedule - TBD. Termination Procedures: Water Division works with Engineering Division to assess pumping capacity and refine demand forecasts. Water Superintendent makes determination that condition no longer exists and notifies the Public Works Director, who informs the Mayor and Council. The Mayor officially declares the change in condition to the public and initiates the appropriate demand management response if any. 7/13/2011 DRAFT Page 27 of 37 City of Meridian Water Conservation Plan Water Supply Condition 3: Water Shortage EmerArencV Triggering Conditions: Current Peak Hour Demand exceeds the current capacity of any pressure zone and the zones above it combined. Initiation Procedures: Water Division works with Engineering Division to assess current pumping capacity and forecast demands based on current demand patterns, historic trends, and other available data. Water Superintendent makes determination that condition exists and notifies the Public Works Director, who declares the condition to the Mayor's Office. The Mayor officially declares the condition to the public and initiates an appropriate demand management response. Demand Management Response.- Work esponse.Work with the Public Works Director and Public Affairs Officer to organize outreach effort to request voluntary water conservation. Consider the following options: • Press release may need to be distributed to media for general release • Use billing inserts to inform customers of the situation • Provide press release for Website • Distribute press release HOAs, businesses, and customers by email, or phone alert Initiate or continue probable water shortage rate schedule. Consider implementing mandatory conservation measures: • Prohibit outdoor use of City water • Continue or initiate conservation rate schedule • Charge emergency conservation fees for residential use over 7,000 gallons Termination Procedures: Water Division works with Engineering Division to assess pumping capacity and refine demand forecasts. Water Superintendent makes determination that condition no longer exists and notifies the Public Works Director, who informs the Mayor and Council. The Mayor officially declares the change in condition to the public and initiates the appropriate demand management response if any. 7/13/2011 DRAFT Page 28 of 37 City of Meridian Water Conservation Plan Appendix A — Water Conservation Working Group Members Meridian Water Conservation Plan Working Group Mark Erikson Saint Lukes Hospital Frank Morandi Roaring Springs Water Park Bill Martin / Derrick Martin Metro Express Car Wash John Wiskus Meridian Resident Mike Polk Meridian Resident Thomas Baker Boise Resident / Teacher Mark Fischer Meridian Resident Liz Paul Idaho Rivers United Pete Friedman Meridian Planning Deputy Director Mollie Mangerich Meridian Environmental Program Manager Dennis Teller Meridian Water Superintendent Andy Roman Meridian Resident / Idaho Rivers United / HOA Vice -President Jeff Brooks Meridian Resident Steve Eddy Fast Eddy's 7/13/2011 DRAFT Page 29 of 37 City of Meridian Water Conservation Plan Appendix B — Conservation Actions Considered Below is a matrix of the conservation actions considered by the working group. Each concept was discussed. Water Conservation Actions Utility / City Practices Reduce water used for flushing Reduce water used for fire training Reduce lost water - ensure system leaks are detected and stopped quickly. Current Practice Water division tracks water used for flushing and for fire hydrant tests. Additional planning and modeling for reducing water needed for flushing will carry some cost. Fire department tracks water used No leak detection program. Reduce water consumption Currently manage pressure and lost water - system zones between 60 and 80 psi pressure management Develop reclaimed water system / expand the use of reclaimed water Convert potable water irrigators to reclaimed water irrigation Convert large potable water users (other than irrigation) to reclaimed water Calibrate source meters Reclaimed water master plan currently being developed Reclaimed water master plan effort Reclaimed water master plan effort Proposed Action Green sand filters (may reduce need for flushing). What do other cities do? Reuse the flashed water? Portable filters? Reclaimed water fire hydrants? / truck filling? Purchase leak detection equipment and institute a proactive program. Use SCADA to monitor supply vs WWTP inflow. Encourage customers to install pressure reducing valves at houses near higher pressure areas. Could outreach to customers with a map. Reclaimed water hydrants? Install reclaimed water as opportunities arrive. Convert potable water irrigators to reclaimed water irrigation according to master planning guidance. Convert large potable water users (other than irrigation) to reclaimed water according to master plan guidance. Currently not done regularly Start up program. 7/13/2011 DRAFT Page 30 of 37 City of Meridian Water Conservation Plan Water Conservation Actions Perform indoor water audits for customers Perform landscape irrigation audits (city water) Perform landscape irrigation audits on City parks and other facilities Perform fixture audit and replacement if needed in current City buildings. Use high efficiency fixtures in all new City building construction Current Practice Water leak detection on case- by-case basis for customers or when abnormally high usage is noted. This system is automated. Dennis to provide details of how it works. No audits Install weather based smart controllers in City Parks Proposed Action Alert automatically when customers' use goes up a given % (TBD). Encourage water audits by customer (self) or by private business through outreach. Attach note to bills regarding usage compared to history or average customers. Look at top users and audit some of them, then use that info for outreach. Partner with home improvement stores - water conservation kiosk. Develop audit pilot program. Work with other government offices to cooperate with their conservation efforts. Support Parks efforts. NA Perform fixture audit and replacement if needed in current City buildings. Also make sore efficient fixtures are working as intended (signage, valve direction, etc.) Perform cost effective Last building (City Hall) was LEED Silver Seek conservation program NA fimding from state, county or federal sources. Identify a Water No Water Conservation Conservation Coordinator Coordinator corrective actions as needed. Coordinate with building services to ensure fixtures in new constriction are high efficiency. Seek conservation program funding from state, county, or federal sources. Water Conservation Coordinator recommended to be added to .5 time position duties in Environmental Division. 7/13/2011 DRAFT Page 31 of 37 City of Meridian Water Conservation Plan Water Conservation Actions Approve a conservation budget Benchmark Meridian's conservation efforts with other similar cities - include in annual report to Council, Form regional water conservation group. Meet with IDWR regularly to discuss ground and surface water conservation issues Low water user awards Ordinances and Rules Meter water to customers Meter water to individual emits in multi -family buildings. Structure rates to emphasize consumption over base Charge city accounts like other customers Use a tiered rate structure Current Practice No budget for conservation NA Proposed Action Request a budget of (TBD) for water conservation from City Council. Benchmark Meridian's conservation efforts with other similar cities - include in annual report to Council. NA Explore formation of regional water conservation group. NA Meet with IDWR regularly to discuss ground and surface water conservation issues. This action compliments the formation of a regional water conservation group. Recognize people or businesses that practice conservation, e.g. yard signs. Meter water to all customers Water rate = $5.38 + $1.86 / 1000 gal Currently meter usage, but do not charge ourselves NA Collect a Conservation Fee NA Continue to meter water to all customers. Benchmark other cities to see if any are requiring new multi -family buildings to have individual meters to each unit. Encourage property managers to teach conservation for their own or their tenants' benefit. Continue. Use a portion of collected rates to fund conservation efforts. Don't charge, but review usage and make sure City departments are on board and demonstrating conservation methods. Explore feasibility of tiered rate structure. (Put conservation fimding in water rates.) 7/13/2011 DRAFT Page 32 of 37 City of Meridian Water Conservation Plan Water Conservation Current Practice Actions Landscaping Current ordinance encourages use of surface water for irrigation. Residential activities Building codes control fixtures Industrial activities Building codes control fixtures Construction activities Indoor Water Use - explore opportunities to amend Idaho Plumbing Code to allow reclaimed water for indoor uses. Require upgrades to fixtures as a condition of sale of property Outreach Discuss / assist schools with conservation measures Distribute educational pamphlets on conservation (lawn watering, conversion to low water use landscaping, indoor use practices, etc.) Code requires rental of meters for filling trucks and other activities. Some activity Pamphlets available at Water Department Proposed Action Continue use of surface water for irrigation. Develop planning ordinances that encourage and incentivize conservation in landscaping. Create design standards for landscape features to ensure that they don't' waste water (e.g. berms). Grass reduction, xeriscape berms, etc. Examine benefits of adopting 2009 plumbing code. Check with Dermis / Brent. . Examine benefits of adopting 2009 plumbing code. Check with Building Services Division. Continue current practice. Build reclaimed water fill points and encourage use of reclaimed water for dust control. Research / Clarify this issue. How can we incentivize? What is current account setup fee? Can we have customer contact encourage fixture upgrades for customers' long term benefit? Use real estate community to outreach also. Continue efforts with schools. Get them to consider more efficient fixtures. Continue and expand. 7/13/2011 DRAFT Page 33 of 37 City of Meridian Water Conservation Plan Water Conservation Actions Conduct presentations in collaboration with other organizations - professional, HOA, etc. Develop web page dedicated to water conservation, including tips, electronic brochures, links to other sites, and reports on innovative technologies Educate about peak usage control (amount and time of usage) to reduce peaks. Current Practice Some tips in Water Division section of current website - not very extensive New construction and upgrades- not City owned Improve plant facilities maintenance Upgrade cooling towers Change to low water use landscaping Upgrade fixtures and appliances - hotels, schools, care facilities, HOA maintained facilities Upgrade fixtures and appliances - older residential buildings Incentives Give away faucet aerators Give away or exchange low flow shower heads No outreach program to encourage No outreach program to encourage No outreach program to encourage No outreach program to encourage No outreach program to encourage No give away / exchange program No give away / exchange program Provide rebates for high efficiency toilets Provide rebates for efficiency clothes washers Provide rebates for irrigation system moisture sensors No rebate program No rebate program No rebate program Proposed Action Conduct presentations in collaboration with other organizations - professional, HOA, etc. Have HOA contests to see which subdivisions do best. Develop web page dedicated to water conservation, including tips, electronic brochures, links to other sites, and reports on innovative technologies. Links to other sites, kids pages, games, etc. Educate about peak usage control (amount and time of usage) to reduce peaks. Outreach to these customers Evaluate cost / benefit. Evaluate cost / benefit. Evaluate which fixtures to provide rebate for and propose a plan. Benchmark other cities. 7/13/2011 DRAFT Page 34 of 37 City of Meridian Water Conservation Plan Appendix C — City Customer Profile- 2010 Records Residential Building Inventory Year Number of Units Built 1970 to 1993 5,500 1994 to Present 20,400 (new building code was adopted in 1994) 7/13/2011 DRAFT Page 35 of 37 Number of Category Accounts Percent Church 66 0.3% City 36 0.1% Commercial 1046 4.1% Multi -Unit Residential 188 0.7% Residential 24056 93.3% School 404 1.6% 25796 100.0% Residential Building Inventory Year Number of Units Built 1970 to 1993 5,500 1994 to Present 20,400 (new building code was adopted in 1994) 7/13/2011 DRAFT Page 35 of 37 City of Meridian Water Conservation Plan Appendix D — Definitions ADD- Average Day Demand: The total volume of water delivered to the system in a year, divided by 365 days. AW WA- American Water Works Association: An international nonprofit educational association dedicated to safe water. Founded in 1881 as a forum for water professionals to share information and learn from each other for the common good, AW WA is the authoritative resource for knowledge, information, and advocacy for improving the quality and supply of water in North America and beyond. COMPASS- Community Planning Association of Southwest Idaho: An association of local governments working together to plan for the future of the region. The agency conducts this work as the metropolitan planning organization (MPO) for northern Ada County and Canyon County. The federal government requires the formation of an MPO when an urban area reaches 50,000 people. DEQ / IDEQ- Idaho Department of Environmental Quality: The state agency tasked with ensuring clean air, water, and land in the state and protecting Idaho citizens from the adverse health impacts of pollution. Groundwater: Groundwater is water that exists below the land surface. Gpcpd- gallons per capita per day: Amount of water a person uses on average per day. HOA: Homeowners Association IDWR- Idaho Department of Water Resources- IDWR serves the people of Idaho and protects their welfare by making sure water is conserved and available to sustain Idaho's economy, ecosystem and the resulting quality of life. MMD- Maximum Month Demand: The maximum volume of water delivered to the system during any single month, divided by 30 days. MDD- Maximum Day Demand: The maximum volume of water delivered to the system during any single day. MPO- Metropolitan Planning Organization: A federally -mandated and federally -funded transportation policy-making organization in the United States that is made up of representatives from local government and governmental transportation authorities. PHD- Peak Hour Demand: The maximum volume of water delivered to the system during any single hoar. 7/13/2011 DRAFT Page 36 of 37 City of Meridian Water Conservation Plan Potable Water: Potable water is water that can be consumed in any desired amount without concern of adverse health effects. Water provided by community water systems including public and private utilities is considered potable water. Surface Water: Surface Water is water that is supplied by streams, rivers, and lakes. It is usually stored in man-made reservoirs and transported through canals. 7/13/2011 DRAFT Page 37 of 37 Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Parks Department: Memorandum of Understanding between the Meridian Development Corporation and the City of Meridian for Downtown Trees and Tree Boxes for a Not -to -Exceed Amount of $25,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF UNDERSTANDING Downtown Trees and Tree Boxes This Memorandum of Understanding between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City'), and the Meridian Development Corporation, an urban renewal agency created and established pursuant to the Idaho Code and the City of Meridian ordinances and resolutions ("MDC'). City and MDC may hereinafter be collectively referred to as "Parties." The general purpose of this Agreement is to make provisions for the payment and reimbursement of certain costs for replacement of downtown trees and tree Boxes (the WOU") and Is made this A._ day of Sept 2011 ("Effective Date") WHEREAS, City and MDC are separate legal entities, and WHEREAS, the City annually budgets, funds, and pays for the repair and replacement of downtown trees and tree boxes located upon the public sidewalks within the Urban Renewal Agency Boundary; and WHEREAS, the City and MDC mutually benefit from the necessary replacement of trees and damaged or worn tree boxes; and WHEREAS, Replacement of trees and tree boxes in downtown Meridian, as needed, serves a public purpose and provides public benefit to the City and MDC including beautification, revitalization and redevelopment of downtown Meridian; and WHEREAS, Replacement of trees and tree boxes in downtown Meridian, as needed and in i\ cooperation with the City, conforms with the Meridian Revitalization Plan and the stated Urban Renewal Plan Objectives of MDC; and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which Is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: 1. SCOPE of WORK. The City shall provide MDC with an annual "Scope of Work" attached hereto as Exhibit A specifying the downtown trees and/or tree boxes proposed to be replaced in the upcoming fiscal year and the estimated cost of the replacements. This annual Scope of Work must be provided to MDC on or before June 30 so MDC may to utilize It in its budgeting process. MDC is not responsible to reimburse the city for any items or work done outside or beyond the approved Scope of Work. Should the entire Scope of Work not be completed by the City in a particular fiscal year then MDC shall only be responsible to reimburse the city for work completed in accordance with this MOU in the applicable fiscal year. A new Scope of Work must be approved for each fiscal year. The Scope of Work for the current fiscal year Is attached hereto as Exhibit A and incorporated by reference herein. Execution of this MOU by the parties constitutes acceptance of Exhibit A. 2. REIMBURSEMENT. The City shall pay for all costs and expenses associated with the replacement of tree and tree boxes noted in the Scope of Work. MDC agrees to reimburse the City for fifty percent (50%) of the expenses incurred and paid by the City for the replacement of the trees and tree boxes in the approved Scope of Work for the fiscal year. the total amount to be paid by MDC under this agreement shall not exceed twenty five Memorandum of Understanding Downtown Tree Replacement thousand dollars ($25,000.00) per fiscal year. The City shall submit an invoice to MDC showing the total cost incurred and paid by the City for replacement of trees and tree boxes in accordance with this MOU. The City's invoice shall include documentation of the actual costs incurred and paid by the City. MDC agrees to reimburse the City for 50% of those approved costs incurred, up to the cap set forth above, within forty five (45) days of receipt said Invoice. 3. INDEMNIFICATION. City shall, and hereby does, indemnify, save, hold harmless and defend MDC and all of MDC's officers, employees, agents, volunteers, consultants, contractors, and/or elected and appointed officials from any and all liability, losses, claims, causes of action, sults and judgments for damages or injury to persons or property, and from any and all losses, fees and expenses related to the replacement and on-going maintenance of the trees and tree boxes which are the subject of this MOU. 4. TERMINATION. City or MDC may immediately terminate this Agreement for any reason at any time with ten (10) days written notice. MDC shall only be responsible to reimburse the City for work performed under this MOU prior to the date of termination. 5. NON -WAIVER. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. 6. TERM OF AGREEMENT. This Agreement shall become effective as of the Effective Date, and shall be for a term of one year from the Effective Date unless eadier terminated In the manner as set forth In this Agreement. This Agreement shall be renewed automatically for one-year periods thereafter unless terminated by either party in the manner provided In this Agreement. 7. RELATIONSHIP OF PARTIES. It Is the express intention of Parties that MDC and City are independent, separate entities which have a business relationship as community partners. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of partners or joint ventures between MDC and City or between MDC and any official, agent, or employee of City. B. COMPLIANCE WITH LAW. Throughout the course of this Agreement, MDC and City shall comply with any and all applicable federal, state, and local laws. 9. NON-DISCRIMINATION. In fulfilling or exercising any right or obligation under this Agreement, MDC and City shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. 10. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 11. AGREEMENT GOVERNED BY IDAHO LAW. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. Memorandum of Understanding Downtown Tree Replacement 12. CUMULATIVE RIGHTS AND REMEDIES. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 13. SEVERABILITY. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, Invalid, or unenforceable, the remainder of this Agreement shall not be affected. 14. NOTICE. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be In writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: MDC: City: Ashley Ford City Clerk MDC City of Meridian 33 E. Broadway 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, ID 83642 With a copy to: Joe Borton Parks Department Borton — Lakey City of Meridian 1310 N. Main St. 33 E. Broadway Meridian, ID 83642 Meridian, ID 83642 Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 15. CITY COUNCIL AND MDC BOARD APPROVAL REQUIRED. The validity of this Agreement shall be expressly conditioned upon City Council and MDC Board action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of said approval. 16. COUNTERPARTS. This MOU may be executed in counterparts, each of which is deemed to be an original but all of which constitute the same document. 17. CONSTRUCTION. This MOU is the result of negotiations between the parties and the terms of this MOU must be construed in accordance with their usual and customary meanings. The parties hereby waive the application of any rule of law which would otherwise be applicable in connection with the construction of this MOU and any of its terms or provisions against the party who (or whose attorney) prepared the MOU or any earlier draft(s). 18. TIME IS of THE ESSENCE. Time is of the essence in the performance of this MOU. Memorandum of Understanding Downtown Tree Replacement IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the / day of September, 2011 and made effective on the date first described above. 044-7 MERIDIAN DEVELOPMENT CORPORATION: Julie P!I Chairmn —Meridian Development Corporation CITY OF MERIDIAN: Attest: TammyTammy de VIM, Mayorc�G Memorandum of Understanding Downtown Tree Replacement 4 Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Parks Department: Budget Amendment for FY2012 for a Not -to -Exceed Amount of $25,000.00 for Downtown Tree Maintenance MEETING NOTES ATP art-�/ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0030M =c m < 0 CL m(DC N N o Aa f S =r M. CL a a a m Qtooa 0)Soa `• m o oa CL FL m < P P O O. n O G3 m N Co d A Q 5 A' suv mm ° ' a 3 P A) P c C 7 m � CL Q d O w TOO S ^ m m n; moa o 3 m P _ � m o r 0 � N O d p• P d C lua 0 R42 :: 4 a P A c a CL o, m CD c (D Q CD d Q Or CD C' CDCD v c CD n N M. 0 m 5 m 0N -o O O 0 C m 0 — 0 m c 0 N O a Q CD O m � n N C CD n 0 n E Q CD C CD c Q A Cf Q d X a CD a CLCD CD A) 0m m , 3 0 CD o �a 0 a � 0 _. C1 `G 3 0 o m 3-0 2 d W 3' d CDd Q v Q m o N N a,,, N O d i CD m `_. m a m. X M N CLCL c rt3 C ID N ' CD 0 O O J d y Q v � o m ` N CD N CD o0 M o O 0 C CD �. c d 0 a o a CD 7 3 v O � O _ i N Q O � O O go � a d CDCD N Z o D = p c N CD Q = N N m a m 0 m 0 �� CD � J j .0 CD 3 c m N CDCL d � C Q m � o CD CD CD Q O a CD CDa a 0 m c a O N CD CD O O 7 to CD m C n ma �k � zC0 | ! / \ ƒ] ° °( ��\ 2mm . ) \ p (. ou . §§§2@2;"o 0> S 00 ) o IDC 0 (rw?.� Z:0 00 . / §(ACL ) f}/m�&2tt`o ��\m0 § 0� M.. k <.\\ §�/;;z&!! 4,$■ 0 2 f } � .. y'% _ k3 ( 40 \\ ( 0 < . ( | ! / \ 0 ƒ] ° ��\ 2mm . \ !(n£ . §§§2@2;"o 0> S o IDC 0 (rw?.� §(ACL f}/m�&2tt`o <.\\ §�/;;z&!! 4,$■ f } y'% _ k3 ( 40 ( 0 < . ( 0 ° ��\ 2mm !(n£ CL 0 §§§2@2;"o S o IDC 0 §. f}/m�&2tt`o <.\\ §�/;;z&!! 4,$■ f } y'% _ k3 ( } ( 0 < . ( \\\\ c fp )\ \§0X } --I ��\ 2mm !(n£ CL 0 §§§2@2;"o o IDC 0 f}/m�&2tt`o §�/;;z&!! 4,$■ f ca y'% _ k3 ( } ( 0 \\\\ c / e z e 13 o , ��\ 2mm / e z e 13 o , Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: 10D PROJECT NUMBER: ITEM TITLE: Parks Department: Agreement Between the Ada County Highway District and the City of Meridian for Landscaping a Stormwater Facility Located at the Linder and Chinden Intersection, Project No. 611018 for a Not -to -exceed Amount of $25,000.00 MEETING NOTES / r �ay�-Ld 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: October 4, 2011 ITEM NUMBER: 10E PROJECT NUMBER: ITEM TITLE: Parks Department: Budget Amendment for FY2012 for a Not -to -Exceed Amount of $25,000.00 for Landscape Installation at the Linder Road Stormwater Facility MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS f noz k 0 m � k � k 0 9 / 31w § CDM. \CD �D LD. k \ \ \ 0 CDCDcl CD cx cl CLCDCD f noz k 0 m � k � k 0 9 / 31w § 0 W a C Q m u�i N O A C_ ° a 0 3 m io, Ci 'y a Q � d m � m fl• CL$ P a� m :? 3 3 m d ° m o m 3 L CL as o O A At ➢1 � . m O O 0O M Z m E C O r (p' 1 m D W m p O O r r N oN o O v No zO c Dr r O -40 w N ry a 0 mNN O o� m m o v ^ P w r -D o ° r Z O 0 z m O n 0 v o u7 O O N O j 1 N A n Z a o a� O m m 5 N c N o N — ODi 0 'oZ. N ° N N a V 3 N 1 m D'+ m N m a d' 0 c N N N N 'm N N N O n N m 0 O f1 fD � m c O '< a oa X w z N O 0O M Z m E C O r (p' 1 m D W m p O 2 r A r r N Zr o O v No No c c r O -40 w N ry a 0 mNN O o� m m ^ P w r -D o ° r Z O 0 z O O n v � o O N c0 j 1 N a n o w> a o a� M m n m 5 N c N o N — D 0 3 N ° V 3 m D'+ m N a d' 0 c w 'm N N N ry n N m 0 O O � m c O '< a oa X 0 0 M Z m E C O r (p' 1 y? Z D W m p O 2 r A r r N o O v No No c c r O N w N ry a 0 mNN o� m m P w o Z O z O a c n mm o O N c0 a n o w> m o a� M m n m 5 N m N o N — D 0 3 N ° V m D'+ m ° 0 w N ry n N m 0 v m � m c '< a oa X z N m 6 �n 6 O 9 3 ° m x 9 OfD 0 M Z m E C O r (p' 1 y? Z D W m ymm ^ n 2 r A r r N v No No c c w N w N ry a 0 mNN NNo-goo o z mm c0 r 0 3 o w> m o a� M m n m 5 m y o N — D 0 N N ° V m ° 0 w m 0 v m '< a z m 6 �n 6 9 3 ° ° o C N ry ^ o. o m 0 M Z m E C O r (p' 1 y? Z D W m ymm ^ n 2 r A r r N .9 N ' A m m z z z z m 0 0 0 0 o ° o ° z ca C & v� G)0 I M 3 v Z D O z 3 m z 1 v z v' m Pp Pp Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mayor's Office: Discussion Regarding Redistricting 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 Capitol Building 700 W. Jefferson Street Boise, ID 83720-0054 Idaho's Citizen J /0F RECEIVED OCT 0 4 2011 CITY OF GGCe muN CITY CLERKS OFFICE Commission for Reapportionment Phone: (208) 334-4740 E-mail: redistricting@redistricting.idaho.gov Web site: www.redistricting.idaho.gov October 3, 2011 PUBLIC HEARING NOTICE Idaho's Citizen Commission for Reapportionment 2011 Public Hearing Idaho's second Citizen Commission for Reapportionment will meet on October 7, 2011. The Commission is responsible for drawing new congressional and legislative district boundaries to equalize population following the 2010 federal census. Boise E* Friday, October 7, 2011 — Noon until 2:00 p.m. �@Idaho Capitol Building, Capitol Auditorium (700 W. Jefferson street) ® entrance only from the Garden Level on Jefferson street. The public is invited to speak and/or submit written comments to the Commission as it prepares to draw plans. When speaking to the Commission, an individual may address any area pertinent to the redistricting process. The Commission would like to hear testimony regarding areas of local community Interests including demographics, economics, geography, population trends and political and historical factors. Individuals and groups speaking before the Commission are encouraged to supply a written copy of their testimony. A signup sheet will be available at the door for those who wish to address the Commission. For additional Information please call the Commission for Reapportionment, 334-4740 or visit www.redistricting.idaho aov June 21, 2011 Evan Frasure Co -Chair Idaho's Citizen Commission for Reapportionment Allen Anderson Co -Chair Idaho's Citizen Commission for Reapportionment Dear Mr. Frasure and Mr. Anderson: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba On behalf of the citizens of Meridian and the City Council, I thank you for your service as members of that Idaho's Citizen Commission for Reapportionment ("The Commission"). You and the rest of The Commission have accepted the important task of leading the redistricting process to ensure that each vote counts as much as the next vote in both our Congressional and State Legislative districts. This is a daunting and thankless task and you are commended. As part of this significant process, the City wishes to provide The Commission with comments regarding redistricting in Ada County, specifically Meridian. Now the third largest city in Idaho and with growth in our community expected to continue, it is important that Meridian citizen's unique needs are served by those who live in or with the City's Area of Impact. The Treasure Valley has grown significantly and it is anticipated that Ada County could have nine legislative districts. With the population of Ada County at 392,365,.and assuming nine legislative districts, this would put the average size of each District near 43,596. This would be viewed as acceptable based upon the target goal of 44,788 people, with a maximum acceptable range of 42,549 to 47,027 people per legislative district. Each of the six cities in Ada County has grown over the last ten years and now have defined personalities and needs. While we all share concerns such as traffic congestion and air quality, our citizens differ in philosophies and expectations. As the population and geographic center of the Treasure Valley, Meridian may be considered to share a legislative district with some of our bordering communities: Boise to the east, Nampa to the west, Eagle to the north, and Kuna to the south. While that may be a viable alternative to some, it is the desire of the City of Meridian to be kept "whole" in its legislative representation. To accomplish that goal, the City is asking The Commission to consider the following recommendations. Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-884-8isg . www.meridlancity.org Idaho's Citizen Commission for Reapportionment Page 2 We desire that Meridian have two legislative districts which represent the existing City limits and our Area of Impact (Attachment 1). Not only will this keep the political subdivision intact, but it will enable our Area of Impact to be preserved with the City — keeping our community interests intact. The City has submitted a proposal for Meridian using the Maptitude system, a copy of which is attached (Attachment 2). We hope this information will provide guidance regarding our recommendations. In crafting the two Meridian districts, roads were primarily used as boundaries in as many circumstances as possible. As the City's Area of Impact generally is separated by arterial roadways, we believe this to be the best way to meet our desires in crafting legislative districts in our community. While we are aware that certain boundaries may need to follow geographic features such as the Boise River in the north or the Ridenbaugh Canal in the east to meet the desired outcome, we recommend natural features only be used in necessary situations. Finally, it is the City', s desire that it be represented by only one Congressional District, preferably the First Congressional District. This is important not only for representation of the city, but the main office of the First District Congressman is located in our City Hall. Thank you for considering our requests as part of your effort for the 2010 reapportionment process for the State of Idaho. If you have any questions regarding the items in this letter, please feel free to contact Robert Simison with the City of Meridian at 489-0530. Sincerely, Tammy d eerd Mayor Attachments cc: Idaho's Citizen Commission for Reappointment Meridian City Council City of Meridian Future Land Use MapLegend r •' • H.5lafmn ' School ,Yi`v.... ! Parks -p '. m TPnsd SWPPn � li An: '_ Future FaglYles . ' FPWre %enninBfl Rakrral Hre9 'VL i }J Ten W. rrwt na,. Speaft L @. FYWre mtworr, r, �+ FUM. Drones- Emryway [bmtlw < Vhle�waY - N C. Nn9hbo l Center �jQ IE, DIANA- Future Land Uses i Citywide Ten Mile Interchange Specific Area .::.:L R 4Reci W[ ®Glee %. LOM vanlb geslEenlul Lap Oensily Enplgmem MMum.-0 RaslMnlNl -: 0 W T - MWaenO siw Rrnrnkn al�HthO !I E.Pgmenl .. .a . h D , R—.. :. M¢aI LLU NeiBRnofmW k , _:'. Me h Da Ra+kenWl ®IMuclnel yv5 M9h oenaily Res"l 4�N-MVW USe Ldrvwnft Nth omvly Re9tlaNal Meed Empbymenl - - Garvrerdal M.. Nse N .rrr WpMIN P¢eMe Eaaennrn, Mbgtl Ute Rrnm a sial OTce M4ee use Rtyimal N':` Ciyic Meed uea GonereaL p® �IMueNal M.. Use G— SP Park lard -Weabla Gaoler Em Meridian City Council Meeting DATE: October 4, 2011 ITEM NUMBER: ITEM TITLE: Future Meeting Topics PROJECT NUMBER: 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