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2012-05-01t _~v~ ~ ~ ~rj CITY OF MERI®IAN CITY COUNCIL PRE-COUNCIL MEETING Tuesday, May 1, 2012 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird ® X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted Adjourned at 7:03 p.m. Meridian City Council Pre-Council Meeting Agenda - May 1, 2012 Page 1 of 1 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 Pre-Council Meeting May 1, 2012 A pre-council meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, May 1, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Charlie Rountree and Keith Bird. Item 1: Roll-call Attendance: Roll call X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2: Adoption of the Agenda Bird: I move we adopt the agenda as published. Rountree: Second. De Weerd: We have a motion and a second to adopt the agenda as printed. All those in favor say aye. Opposed? MOTION CARRIED: ALL AYES. Item 3: Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, ~Jhich is Not Owned by a Public Agency, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f) and (c). Rountree: Second. De Weerd: We have a motion and a second to go into Executive Session. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (6:01 to 7:03 p.m.) De Weerd: I move we come out of Executive Session. Bird: Second. De Weerd: All those in favor coming out of Executive Session say aye. Meridian City Council PreCouncil Meeting May 1, 2012 Page 2 of 2 MOTION CARRIED: ALL AYES. Rountree: Motion to adjourn. Bird: Second. De Weerd: All those in favor say aye. Thank you. We are adjourned. MEETING ADJOURNED AT 7:03 P.M. CITY C®l1NCIL REUL IVl TIN EN~- Tuesday, May 01, 2012 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird ® X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Tyler Wasson of Valley Shepherd 4. Adoption of the Agenda Adopted 5. Proclamation A. Meridian Building Safety Month Proclamation 6. Consent Agenda Approved A. Approve Minutes of April 17, 2012 City Council PreCouncil Meeting B. Approve Minutes of April 17, 2012 City Council Regular Meeting C. Final Order for Approval: TEC 12-005 Arch Rock Subdivision by Mason & Standfield, Inc. Located East Side of N. Linder Road, Approximately 800 Feet South of W. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat D. Final Order for Approval: TEC 12-006 Ambercreek No. 2 by Trilogy Department, LLC Located Near Southwest Corner of N. Meridian Road and W. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat E. Final Order for Approval: FP 12-003 Paramount No. 18 by Brighton Development, Inc. Located West of N. Meridian Road Meridian City Council Meeting Agenda -Tuesday, May 01, 2012 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Between W. Producer Way and N. Fox Run Way Request: Final Plat Consisting of 19 Residential Building Lots and One (1) Common Lot on 5.66 Acres in an R-8 Zoning District F. Final Order for Approval: FP 12-004 Zebulon Heights Subdivision No. 5 by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 39 Building Lots and 3 Common Lots on 14.39 Acres of Land G. Final Order for Approval: TEC 12-003 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located North of W. Chinden Boulevard, West of N. Spurwing Way Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat H. Incident Tracking System Software Agreement with Ada County Sheriff s Office I. Concurrence of Ada County Highway District's (ACHD) Award to Central Paving, Inc. for ACHD Project No. 310023 "Roadway Construction/Recycled & Potable Water Line Improvements - f Ten Mile Road Intersection" and Approval of the City's Cost Share Amount of $86,354.40 J. Approval of Award of Bid and Agreement for "Wastewater Treatment Plant Sludge Handling Bed Improvements - Construction" to Guho Corp. and Authorize the Mayor to Sign and the Clerk to Attest for the Not-To-Exceed Amount of $224,900.00 K. Memorandum of Understanding Regarding Kleiner Memorial Park L. Approval of 2012-2013 Renewal of Beer License for Vina Restaurant Located at 15347 Main Street, Meridian Idaho 7. Items Moved From Consent Agenda None 8. Action Items A. Request for Reconsideration of City Council's Decision on MDA 12-001 Sgroi Property by Nunzio Sgroi Located at 4405 E. Ustick Road Request: Amend the Development Agreement to Modify the Conceptual Development Plan to Allow 14 Single- Meridian City Council Meeting Agenda -Tuesday, May 01, 2012 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Family Homes and Two (2) Townhomes on 2.81 Acres of Land in an R-8 Zoning District Denied B. Public Hearing: TEC 12-008 Browning Plaza by SLN Planning/Boise Waltman, LLC Located at 505, 521, 615 and 675 W. Waltman Lane Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat Approved C. Public Hearing: AP 12-002 by Joe Palmer Located 1524 N. Meridian Road Request: City Council's Review of the Director's Denial of a Certificate of Zoning Compliance Verification (CZCV 12-006) for a Residence Located in a Retail Store Continued to May 2, 2012 D. Second and Third Reading of Ordinance No. 12-1506: First Reading -Outdoor Sales and Temporary Uses Code Update, Increasing Time Limits for Temporary Sales Units and Garage Sales, Adding Standards for Temporary Construction Sites Approved 9. Department Reports A. Planning Department: Discussion of Annexation of Property Located at 4018 W. Ustick Road otion approved that Council has no desire to annex the property and authorize staff to draft a letter from Mayor B. Parks ~ Recreation Department: New Maintenance Facility Budget Discussion C. Continued from April 24, 2012: Mayor's Office: Budget Amendment for State of the City for aNot-to-Exceed Amount of $7,870.00 Approved D. Police Department: Budget Amendment for Reimbursement of Internet Crimes Against Children (ICAC)Task Force Training Funds and Software for aNot-to-Exceed Amount of $1,983.02 Approved E. Police Department: Budget Amendment for Reimbursement of Monies for "Force Science" Training for a Not-to-Exceed Amount of $12,755.99 Approved Meridian City Council Meeting Agenda -Tuesday, May 01, 2012 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Police Department: budget Amendment Donation for National Organization for Youth Safety (NOYS) Event fora Not-to- Exceed Amount of $500.00 Approved G. Police Department: budget Amendment for Ada City-County Emergency Management (ACCEM) Funding for Volunteer Computer Equipment for aNot-to-Exceed Amount of $3,635.00 Approved H. Human Resources Department: Eudget Amendment for FY2012 Funding of the Youth-Work-Life Skills Program for the Not-to-Exceed Amount of $22,200.00 Approved I. Clerk's Office: Approval of a 2012®2013 deer License Owner Transfer and Renewal for Pier 49 Located at 3665 E. Overland Rd. Quad to Item 6 on the Consent Agenda 10. Future Meeting Topics None Adjourned at 7:51 p.m. Meridian City Council Meeting Agenda -Tuesday, May 01, 2012 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andJor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council May 1, 2012 A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, May 1, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bruce Chatterton, John Overton, Perry Palmer, Steve Siddoway, Kyle Radek, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for waiting. Sorry we are starting a little bit late, but welcome. For the record it is Tuesday, May 1st. It is three minutes after 7:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Tyler Wasson of Valley Shepherd De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Tyler Wasson, with Valley Shepherd Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us tonight. Wasson: Thank you. Let us pray. We come before you with thanksgiving in our hearts and praise on our lips for the goodness you have shown to each of us in the City of Meridian. We pray over the citizens -- the citizens of our community, for each family, for each business, and I would recognize that even tonight there is some who, in our own community, are in need. We ask that your comfort and peace would be with them. Tonight, Lord, the matters being discussed are not insignificant, but do have importance and we know that each issue requires great discernment, careful attention and necessary wisdom. We pray your provision and wisdom be upon each of our city leaders as they lead. May you allow each of them to have clear vision and direction as they listen, make decisions, and care for the City of Meridian and its people. We ask that you would continue to bless the city and community, as you have already so faithfully done, we ask that you be present now, amen. Meridian City Council May 1, 2012 Page 2 of 22 De Weerd: Tyler, if I could -- when we get first comers that come and lead us in the invocation, we offer them a City of Meridian pin. So, I would like to offer that to you this evening. Thank you for joining us. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple changes on our agenda. Item to note on 8-C, the applicant is requesting that this be continued to May 22 due to a family emergency. And under 9-I, Department Reports, staff is requesting that this item be moved to the Consent Agenda, since the county license has been approved and received, so we will move the approval of 2012-13 beer license owner transfer renewal for Pier 49 to Item 6-M on the Consent Agenda. So, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED; ALL AYES. Item 5: Proclamation A. Meridian Building Safety Month Proclamation De Weerd: Item No. 5 is a proclamation for Meridian Building Safety Month and do we have staff here on this item? If we don't, I'm not going to read it. We will just note it, that it is Meridian Building Safety Month for the month of May and we call upon all citizens to join us in recognizing and participating in this special observation. Item 6: Consent Agenda A. Approve Minutes of April 17, 2012 City Council PreCouncil Meeting B. Approve Minutes of April 17, 2012 City Council Regular Meeting C. Final Order for Approval: TEC 12-005 Arch Rock Subdivision by Mason & Standfield, Inc. Located East Side of N. Linder Road, Approximately 800 Feet South of W. McMillan Road Meridian City Council May 1, 2012 Page 3 of 22 Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat D. Final Order for Approval: TEC 12-006 Ambercreek No. 2 by Trilogy Department, LLC Located Near Southwest Corner of N. Meridian Road and W. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat Final Order for Approval: FP 12-003 Paramount No. 18 by Brighton Development, Inc. Located West of N. Meridian Road Between W. Producer Way and N. Fox Run Way Request: Final Plat Consisting of 19 Residential Building Lots and One (1) Common Lot on 5.66 Acres in an R-8 Zoning District F. Final Order for Approval: FP 12-004 Zebulon Heights Subdivision No. 5 by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 39 Building Lots and 3 Common Lots on 14.39 Acres of Land G. Final Order for Approval: TEC 12-003 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located North of W. Chinden Boulevard, West of N. Spurwing Way Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat H. Incident Tracking System Software Agreement with Ada County Sheriff's Office I. Concurrence of Ada County Highway District's (ACHD) Award to Central Paving, Inc. for ACHD Project No. 310023 "Roadway Construction/Recycled & Potable Water Line Improvements - Ten Mile Road Intersection" and Approval of the City's Cost Share Amount of $86,354.40 J. Approval of Award of Bid and Agreement for "Wastewater Treatment Plant Sludge Handling Bed Improvements - Construction" to Guho Corp. and Authorize the Mayor to Sign and the Clerk to Attest for the Not-To-Exceed Amount of $224,900.00 K. Memorandum of Understanding Regarding Kleiner Memorial Park Meridian City Council May 1, 2012 Page 4 of 22 L. Approval of 2012-2013 Renewal of Beer License for Vina Restaurant Located at 15347 Main Street, Meridian Idaho M. Clerk's Office: Approval of a 2012-2013 Beer License Owner Transfer and Renewal for Pier 49 Located at 3665 E. Overland Rd. Moved to Item 6M on the Consent Agenda De Weerd: Okay. Item No. 6 is the Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just to add that Item 6-M, which is from 9-I, the approval of the 2012-13 beer license owner transfer renewal Pier 49, located at 3665 East Overland Road. So, that is added to the Consent Agenda. I'm not aware of anything being removed, so, Mayor, I move approval of the Consent Agenda as amended. Rountree: Second. Hoaglun: And the Clerk to sign and Mayor -- Clerk to attest after the Mayor signs. De Weerd: And second agrees? Rountree: Second agrees. De Weerd: Thank you. Okay. I have a motion and a second to approve the Consent Agenda as amended. If there is no discussion from Council, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Action Items A. Request for Reconsideration of City Council's Decision on MDA 12-001 Sgroi Property by Nunzio Sgroi Located at 4405 E. Ustick Road Request: Amend the Development Agreement to Modify the Conceptual Meridian City Council May 1, 2012 Page 5 of 22 Development Plan to Allow 14 Single- Family Homes and Two (2) Townhomes on 2.81 Acres of Land in an R-8 Zoning District De Weerd: So, we will move to Item 8-A under Action Items. A request for reconsideration regarding MDA 12-001. I will ask for staff comments. Pete. Friedman: Thank you, Madam Mayor, Members of the Council. As you will recall, about two weeks ago the Council considered -- considered a request for a development agreement modification from Mr. Sgroi for his property that's located just to the east of Red Feather. The current development agreement has a stipulation that the property was to be developed with an assisted living facility. In his -- at the end of that -- the conclusion of that meeting it was Council's decision to deny the request and Mr. Sgroi has submitted a letter requesting Council reconsider that decision. In the letter it was not clear, but the property does not require rezone. It currently is zoned R-8 and I know Mr. Sgroi has been in communication with some of the neighbors and they may be working towards a solution. However, at this point, really, the Council's decision tonight -- we are not opening a hearing, it's whether or not to grant Mr. Sgroi's request and set a time for a new hearing to present any information he might have for you or that that decision stands. De Weerd: Thank you, Pete. Council, you have a letter in front of you. Is there any discussion on this request? I seek your direction. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I just wanted to point out, too, in your -- in the city code we created this request for reconsideration afew years ago and we put some specifics and one of the problems that Pete pointed out is that Mr. Sgroi in his request is simply asking for a rezone, which wasn't the basis of why he was here, nor was it the basis of what the denial was about. It was an application for a development agreement modification and in the -- so ,it's up to you to decide, b ut one of the requirements in our code is that the requestor has to indicate that they are going to provide information that was not previously available to them. What the code specifically says is that the relevant -- requesting party has relevant information that was not previously presented. It is in response to something brought up at the previous hearing and the information was not previously available. That's a minimum requirement of what's to reconsider. In reading his request it didn't really cover that. So, it's up to you. I mean you certainly have the power to choose to reset this for a hearing, but the -- I just wanted you to be aware that the request doesn't really comply with the specifics of the ordinance and the basis for the denial isn't related to what he's requesting reconsideration for. The denial was because you didn't want that type of Meridian City Council May 1, 2012 Page 6 of 22 residential zoning in that type of zone that was there, so -- a residential development in that type of zone, so --just wanted you to be aware of that, too. De Weerd: Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I don't feel any particular need to revisit this exact subject. My take on it at the time was that it would be more appropriate to zone this as an R-4 and I would expect that kind of an application and be happy to deal with it. Had it not been specifically designated as an assisted living facility it would have been appropriate for it to be an R-4 at the time, the same as the subdivision next to it. So, I would -- I don't feel inclined to reconsider the decision we made about the modification to the development application. That doesn't mean that I wouldn't consider a whole new application for the appropriate zoning. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Pete. And maybe this is the point you were going to make, but doesn't the development agreement allow for residential development at -- in R-4 density if the facility that was identified is not constructed? Friedman: Madam Mayor, Members of the Council, Councilman Rountree, I'm not certain on the specifics of it, but as -- pick ing up on Council Member Zaremba's comments, it is possible to entertain, either through reconsideration or another application, particularly what I was thinking of is this unlike some of our other applications. If the denial stands, Mr. Sgroi can submit another development agreement modification, because you don't have a project of similar type, so you don't have the one year limitation on it. He could, in fact -- but via either mechanism, submit a new development plan with new conditions that could, even though the zoning is R-8, ratchet it down to a density level that Council may be comfortable with or some other -- any other conditions that we might recommend attaching to that, without having to go all the way back through P&Z, then, Council, then, back here. But, again, I'll leave that to Council in terms of what decision --what their decision is. But to get to Council Member Rountree's point, it is possible to get there, I believe. De Weerd: Okay. Council, if there is no action on this, this -- Mr. Nary, they don't need to take a particular action if they do not desire reconsideration? Nary: Madam Mayor, Members of the Council, you would have to deny his request. Meridian City Council May 1, 2012 Page 7 of 22 De Weerd: Okay. Nary: Because he has made a formal request. And you could deny it or either -- as Council Member Zaremba stated, that you don't -- there is no new information you're seeking based on his application or that the applicant isn't consistent with the ordinance. I mean either one. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we deny the request based on the inconsistency of the information with our ordinance and suggest that the applicant follow the course of action as described by the planning administrator. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: TEC 12-008 Browning Plaza by SLN Planning/Boise Waltman, LLC Located at 505, 521, 615 and 675 W. Waltman Lane Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item 8-B is a public hearing on TEC 12-008. I will open the public hearing with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. This is a time extension requested for the Browning Plaza plat. This is the third time extension request, the second request for Council extension. It consists of 40 building lots and two common area lots, located on 38 acres of land, located on the south side of Waltman Lane on approximately a quarter mile west of Meridian Road. Staff is recommending approval of the time extension. We do have five new conditions that we are recommending. One is that they still maintain and meet all the terms of the annexation and development agreement. The second one is that when this was adopted we did have the pathways plan in place, but there has been some changes to it that possibly affect the property, so we are just recommending that it be an additional condition bringing forth any pathways developed as part of this site be consistent with, essentially, the current pathways master plan. And the other three conditions are Public Meridian City Council May 1, 2012 Page 8 of 22 Works conditions to our -- incorporating our new warranty surety requirements and the fifth one has to do with the new standards for Public Works and the provision of street lights. The applicant has reviewed the staff report. They are in agreement with the recommended conditions of approval and are here tonight to testify to that or answer any questions the applicant may have. De Weerd: Thank you, Pete. Council, any questions for staff at this time? Would the applicant like to make comment? Nickel: Madam Mayor, Council Members, for the record Shawn Nickel, 1589 North Estancia Place, Eagle, Idaho. One correction. I believe this is just our second time extension request. Friedman: Second Council time extension. Third overall. We had a director's extension, but -- Nickel: All right. I apologize. I thought this was our first one in front of you. But, yeah, we are in agreement with the conditions of approval that staff has added to the application and I'll just stand for any questions you may have. De Weerd: Thank you. Council, any questions? Rountree: I have none. Bird: None. Hoaglun: No. De Weerd: Thank you, Shawn. This is a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Council, if there is no further information needed, I would entertain a motion to close. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on TEC 12-008. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-B. All those in favor say aye. MOTION CARRIED: ALL AYES. Meridian City Council May 1, 2012 Page 9 of 22 Bird: I move we approve TEC 12-008, Browning Plaza and to incorporate staff and applicant comments. Rountree: Second. De Weerd; I have a motion and a second to approve. Any discussion from Council? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: AP 12-002 by Joe Palmer Located 1524 N. Meridian Road Request: City Council's Review of the Director's Denial of a Certificate of Zoning Compliance Verification (CZCV 12-006) for a Residence Located in a Retail Store De Weerd; On Item 8-C we have a public hearing, who --whose applicant has requested it be continue to the 22nd. I will open the public hearing on AP 12-002, application by Joe Palmer regarding the residence at 1524 North Meridian Road. Council, I would need a motion to continue. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 8-C until May 22nd. Hoaglun: Second. De Weerd: I have a motion and a second to continue this item until May 22nd. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Second and Third Reading of Ordinance No. 12-1506: First Reading -Outdoor Sales and Temporary Uses Code Update, Increasing Time Limits for Temporary Sales Units and Garage Sales, Adding Standards for Temporary Construction Sites De Weerd: Item 8-D is the second and third reading of Ordinance 12-1506. Madam Clerk, will you, please, read this ordinance by title only. Meridian City Council May 1, 2012 Page 10 of 22 Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1506, an ordinance of the City of Meridian amending Meridian City Code Section 3-4-3C5C, relating to time limitations for temporary sales units. Amending Meridian City Code Section 3-4-3C7E relating to number of signs for outdoor markets. Amending Meridian City Code Section 3-4-3C8B1 relating to frequency of garage sales. Amending Meridian City Code Sections 3-4-3C9 relating to litter at construction sites and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1506. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D. If here is no discussion, Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Planning Department: Discussion of Annexation of Property Located at 4018 W. Ustick Road De Weerd: We are at Item 9-A under department reports. I'll turn this over to Pete. Friedman: Thank you, Madam Mayor, Members of the Council. I sent you a memorandum on this subject, dated April 24th, but what we have before us is that Mrs. Jean Johnson -- Mrs. Jean Johnson, who is the owner of the property, as you can see circled in red, which is just sort of south and west of our treatment plant, effectively, is in violation of the Ada County code, because the property isn't zoned for the operation of an RV storage facility. This has been sort of an ongoing saga since about 2010 and the county has finally given her a last chance to either correct it by obtaining a rezone through Ada County, or annexing to the City of Meridian. The current Title 9 we have with Ada County says that in order for the county to process either a subdivision or a rezone, the property owner must first apply for and be denied annexation to the City of Meridian. We have met with Mrs. Johnson and her family on a couple of occasions over Meridian City Council May 1, 2012 Page 11 of 22 the last two years and city staff is of the opinion that it's not in the city's interest, nor Mrs. Johnson's interest to annex to the city. The cost of hooking up the city services that would be required would be very expensive in order to run sewer to the property. We would also be, essentially, annexing a nonconforming use, even though the zoning that would be consistent with our comp plan would allow that type of use. It's not consistent as far as screening, improvements on Ustick Road and so forth. So, rather than have Mrs. Johnson go through the expense of -- and time of annexing to the city, have been in discussions with the county and they would support merely a letter signed by an elected official, be it either the Mayor or Council President, stating that it's the Council's inclination not to deny -- or not to annex the property, if that is, in fact, your decision. That would, then, allow Mr. Johnson to move forward with rectifying the situation with Ada County however she chooses to do that, whether it's to rezone the property, come to some agreement on abating the issues there or bring it up to county standards. So, at this point I'm just seeking your direction. If you're inclined to follow that recommendation, Iwould draft a letter up for the appropriate signature and convey that to Ada County. This is one area that I think we will want to revisit later in the year when we renegotiate our Title 9 agreement, because we have a few of these situations where, you know, common sense would dictate it's not in the city's best interest, but why would we make somebody go through the time and the expense of getting to an answer that we already know. So, with that I leave it to you and would be happy to answer any questions. De Weerd: Thank you, Pete. Council, any discussion? Bird: I have none. Rountree: Makes too much sense, Pete. But thank you. I think it's a great idea. Hoaglun: I agree, Madam Mayor, that it works out for everybody to do it this way. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Iwould make a motion that we at this time not have any desire to annex Mrs. Johnson's property and a letter with your signature be forwarded to her. Rountree: Second. De Weerd: Okay. 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. Meridian City Council May 1, 2012 Page 12 of 22 MOTION CARRIED: ALL AYES. B. Parks & Recreation Department: New Maintenance Facility Budget Discussion De Weerd: Under 9-B is our Parks Department. I will turn this over to Mr. Siddoway. Siddoway: Good evening, Madam Mayor, Members of the Council. Two weeks ago we were before you with our dilemma. We have received our detailed cost estimate from our construction manager and discovered the specifics on the funding shortfall and, then, we also talked about our programming and our site design. The question was raised at the end of that what shall we do about that and we are here tonight to propose to you a solution to fund the -- the shortfall on our current budget. It was also requested that we come back to you with some possible phasing options. So, we have those here for you tonight as well. The first thing I wanted to say -- I'm not going to read this to you, but part of your packet is a letter from our finance director Stacy Kilchenmann. We have been working with the finance department to explore solutions and she has made a recommendation to you tonight, which I will summarize on the next slide. Our total cost estimate came in at 2.6 million. Already budgeted we have 1.5 million. So, the needed budget that we need in order to construct a complete project is 1.1 million. So, the question is how do we fund the needed 1.1 million. So, if you look at the bar chart down below, at the bottom we have 450,000 in the park CIP for next year for this project. The maintenance facility. And that's from existing fund balance that is in the bank today. We also have in the CIP for next year an additional installment to the field house fund of 600,000 dollars. We are proposing that we remove that from the CIP and use those funds instead for this project. Finally, last week Mike Barton was before you and talking about a potential use of funds in our existing 2012 budget for 8th Street Park and we received some direction there that that might be a good source here. So, the balance of the 50,000 that's needed to make up 1.1 million would come from our existing FY-12 budget transferred from 8th Street Park. If funded in that way it would allow us to do our site plan option one, which is our proposal to you tonight. Basically, it would fund all the improvements that were discussed and presented to you two weeks ago. If the inclination is to fund something less than that, then, we looked at what could be done to eliminate some of the structure. So, if we take -- I'm going to go back and forth. You see those two -- the one on the northeast and the one on the northwest, go away in the option and the cost there drops from 2.6 to 2.3 million if we get rid of our storage building and our western most vehicle storage that is on that side. If we get rid of the -- the middle vehicle storage bays, chemical storage and wash bay, then, that drops it to two million fifty thousand. Here is a summary that's part of your packet that shows each of those options and the construction estimate for each of those. We would like to fund the full 2.6 million for the entire project as outlined and with the solution as recommended by Stacy. With that I will pause and ask if you have any questions on the budget proposal. I also have with me a great team tonight, if you have any questions about the cost estimates themselves. Mike Berrard is here, questions on the design. Steve Pavlich from Insight Architects is here and if you have questions about any of the Meridian City Council May 1, 2012 Page 13 of 22 programming that was presented to you previously, our project manager Mike Barton is here as well. And with that I will stand for any questions. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I just -- I guess a comment. The options for reducing the immediate cost don't necessarily reduce the overall cost to me, because what you're suggesting is that we not build things that would protect our already existing investment in equipment and -- vehicles and equipment and the three things that you would take out of the phase one are really for the protection of things that we have already invested in and my inclination would be to say if we can cover the whole 2.6 million we should build all those things at once and be -- be protecting and able to service our equipment. So, one man's opinion. De Weerd: And I might add, too, if you take them out now when we add them back they will cost more than what we are taking out now. Hoaglun: And, Madam Mayor, along the same vein, going, yeah, but we are losing the funding for the about that we are going to have to divert funding if wE well, we are going to have to divert some of that to protect our assets and, you're right, it does cost more, Rountree: Madam Mayor? De Weerd: Mr. Rountree. I was thinking when I saw that I'm field house, but, then, in thinking ;don't build it now. We put 600 -- eventually purchase -- to build to so -- Rountree: To that point we have not taken into consideration in the field house account the fact that this project provided the dirt for that field house, which, in effect, offsets that 600,000 dollars CIP funding for next year. That's not in the accounting system at all, so -- seems to me like it balances out. Siddoway: I believe it very well may, Madam Mayor, and what we would propose -- we still have additional funding in future years for the field house fund in the CIP that is still there. We would propose that we use some of the existing funding toward the field house that has already been allocated and budgeted by Council to allow us to move forward with design and construction documents. We have some detailed design -- or construction costs on that to know if the CIP is right in advance for that project. De Weerd: Thank you, Steve. Any further questions for Steve or his team? Bird: Madam Mayor? Meridian City Council May 1, 2012 Page 14 of 22 De Weerd: Mr. Bird. Bird: I would have one comment. From what I'm hearing here, Steve, I think you need to get a budget amendment brought forward. Siddoway: Yes. Bird: And let's get on it and twist Mr. Berrard's arm and let's get ten or 15 percent out of that cost. Siddoway: We will do our best. And we will draft up the budget amendment. Tomorrow, Keith, I believe that we have a meeting tomorrow and I will have it ready for your signature so we can get it on for Council next week. Bird: Was 2:00 o'clock our meeting? Siddoway: 2:00 o'clock. Bird: I have got labor negotiations. Siddoway: Okay. We can -- we can reschedule. But we will get it done. Bird: Okay, Steve. De Weerd: I guess, Steve, I did have a question regarding the site plan and rail corridor. If there would be any kind of landscape buffer needed along the back -- the most northern part. Pete, do you -- yes? No? Friedman: Madam Mayor, Members of the Council, when we were working with the design team on this we went through the UDC line by line and because it does abut another industrial area there would be no landscaping or buffering required. De Weerd: Okay. Wanted to make sure what we asked of others was true in this case as well. Friedman: That is our mantra these days. De Weerd: Yes. Thank you. Okay. Anything further from Council? Okay. Siddoway: Thank you. I will get that worked up, signed, and bring it back to you on Consent Agenda or would you like another presentation? De Weerd: Well, all budget amendments require -- Meridian City Council May 1, 2012 Page 15 of 22 Siddoway: A presentation. De Weerd: -- a presentation. It can be very short. Siddoway: We will do so. Thanks. De Weerd: Item 9-C. Council, this was continued from last week. You did.--did have a budget amendment in front of you and this year's State of the City address -- we never know when we set our budget each summer what we might bring in in sponsorships. This year we raised over 22,000 dollars. 22,620. Which allowed a difference from what we estimated of 7,800. Our actual expenses were 12,000 -- about 12.8 and the difference is a little bit around 9,800. We do have committed to various projects the Meridian Way, student art, and scholarships that leave a balance of 4,900. That is unallocated, but once those funds are marked we will bring those back to you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move approval of the budget amendment for the State of the City for a not to exceed amount of 7,870 dollars. Zaremba: Second. De Weerd: I have a motion and a second to approve the budget amendment. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Continued from April 24, 2012: Mayor's Office: Budget Amendment for State of the City for aNot-to-Exceed Amount of $7,870.00 D. Police Department: Budget Amendment for Reimbursement of Internet Crimes Against Children (ICAC)Task Force Training Funds and Software for aNot-to-Exceed Amount of $1,983.02 E. Police Department: Budget Amendment for Reimbursement of Monies for "Force Science" Training for aNot-to-Exceed Amount of $12,755.99 Meridian City Council May 1, 2012 Page 16 of 22 F. Police Department: Budget Amendment Donation for National Organization for Youth Safety (NOYS) Event for aNot-to-Exceed Amount of $500.00 G. Police Department: Budget Amendment for Ada City-County Emergency Management (ACCEM) Funding for Volunteer Computer Equipment for aNot-to-Exceed Amount of $3,635.00 De Weerd: Under 9-D is our Police Department. Actually, the next several. I will ask Lieutenant Overton to present Items 9-D, E, F, and G and we will take them each individually, but I will turn this over to you. Overton: Good evening, Madam Mayor, Members of Council. Starting off with the first one, Item D, this is a budget amendment -- all four of these are for funds we already have. I'm not asking for any additional funds. This first one is through our investigative division. This is to ask for money that's been refunded to us through the Attorney General's Office for training and equipment for two of our detectives to go through the ICAC, the Internet Crimes Against Children Task Force training and the software they have gotten, to have those monies that have been brought back -- credited back into both our training account and into our software account, so we can do additional purchases of equipment and training for our detectives. I'd stand for any questions on that one. De Weerd: Thank you. Council, any questions? Rountree: I have none. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment for Item 9-D, in an amount not to exceed $1, 983.02. Zaremba: 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: ALL AYES. Meridian City Council May 1, 2012 Page 17 of 22 Overton: Madam Mayor, Members of the Council, the next one Item E. This is -- again, is a force science training that we sponsored as a department in November of 2011. It was well attended by officers from across the valley, including all agencies in the valley. We charged -- we paid all the up front costs, hotel costs, instructor costs, travel costs, and, then, charged each officer coming from other agencies 295 dollars to attend. When all totaled, working with the Finance Department, we brought back in $12,755.99. All of the original funding we used to reload this training class coming in came out of our training budget and this request is simply to take that money and put it back into that training budget, so we can reuse it for other costs we have going through the rest of this fiscal year. And I'd stand for any questions. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment 9-E in the amount of $12,755.99. Zaremba: Second. De Weerd: I have a motion and a second to approve this item. Any discussion from Council? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Overton: Madam Mayor, Members of Council, our next item is Item F. This is a -- we are kind of excited to bring this one forward. This has come together real quickly. This is a check we received from what's called NOYS, only it's spelled a little bit differently. It's N-O-Y-S. It's the National Organization for Youth Safety. Sergeant John Gonzales with out Police Department who currently runs our traffic division, has put together this program in which on May 8th over the lunch hour we will have most of our SROs and all of our traffic officers and other members of our department at Mountain View High School for this NOYS event. This is to celebrate safe driving with the students at Mountain View High School. It is in reaction to the very serious and fatal car crash that we had there several months ago with students from Mountain View High School. The 500 dollars is there for promotional information, as well as -- we are talking teenagers -- pizza -- to get them to all show up to the event. So, it's the first time we have ever done it. I understand that the Mayor has attended one of their events or gone to some information back in Washington D.C. that they put on. It looks like a very good Meridian City Council May 1, 2012 Page 18 of 22 opportunity for us to reach out to the youth of our community as well and get all of them to sign a proclamation and agreement that they will commit to driving safe during the summer. I'd stand for any questions. De Weerd: Thank you, lieutenant. I think that this is something that the school is really looking forward to as well. And I will commend the police department. They have been doing a lot of outreach to our teens in keeping them safe in terms of Alive At 25 -- my daughter attended the one on -- on Saturday right before prom and had really good reviews of it. And I have heard a lot of good feedback on it. Also in relationship to NOYS, we did send four of our teens back to D.C. last fall and on May 11th they will be doing their youth summit as part of the grant that -- that brought them back to D.C. to look at distractive driving, bullying and underage drinking. And they are going to be doing that at Wahooz and I certainly would encourage you, if you have time -- it is a day long summit, but we are bringing leaders from throughout the school district to -- to look at this and, then, asking them to bring it back to their circles of influence. Wahooz is making the education and Luke in my office' has been spending a lot of time with Sergeant Gonzales on this, but in tying some of the activities at Wahooz with it. So, of course, distractive driving, they will be doing the bumper cars with texting while they drive. With the bullying we will be -- in the laser tag with uneven teams where, you know, the bigger team will gang up on the smaller team in their laser tag and the underage drinking we will be using the goggles and either bowling -- bowling -- not bullying -- bowling or doing miniature golf. So, they are really trying to engage them at a whole different level and some of these grants through NOYS -- and when I'm in D.C. at the end of May I will be meeting with them and they are very excited about what our community is doing. So, big kudos to the Police Department and -- and what they are doing with our young adults. Overton: Mayor, I will pass that along. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment for Item 9-F for an amount not to exceed 500 dollars. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council May 1, 2012 Page 19 of 22 MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Would you say again -- what's the date of the Wahooz event? De Weerd: It's on May 11th. Zaremba: Okay. Thank you. De Weerd: Thank you. Overton: Madam Mayor, Members of the Council, the last one I have tonight is Item G. It is a budget request. This is as close as I get to asking for money, but it's on a very temporary basis. This is 3,635 dollars. This is a grant that we get -- we are having to do it a little differently. This is through ACCEM. It's through Ada County. It's their citizen core grant. We have been using these funds for the last several years. Their normal process that we use these funds is we tell them what we want, we purchase it, they pay for it. Because we are looking at getting IT equipment, computer and rotary scanner, that throws a little bit of a kink into how they can do the repayment. They are requiring us to purchase it, give them the information, and they will reimburse us. So, we slowed down, went back to IT, got confirmation on delivery on all the items here through the IT department for -- and this is a volunteer computer and that's how we are getting the funding given to us. This sets up a volunteer station. We already have hardwired ready to go in our records division for a volunteer to come in to operate our computer and our high speed rotary scanners to help us put information into our records management system. And, then, once we have this in it will all be repaid back to us within about 30 to 60 days through this citizens core grant. I'd stand for any questions on that as well. De Weerd: Thank you. Any questions? Rountree: I have none. Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve budget amendment for Item 9-G in the amount not to exceed 3,635 dollars. Meridian City Council May 1, 2012 Page 20 of 22 Zaremba: 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. H. Human Resources Department: Budget Amendment for FY2012 Funding of the Youth-Work-Life Skills Program for the Not-to-Exceed Amount of $22,200.00 De Weerd: Next item is under our Human Resources Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. We have a budget amendment on here for funding of the Youth Work Life Skills program. This funding -- this program we had last summer was very successful in hiring teenagers in our community to work in our various departments. This would allow us to run the program for the entire summer now, so June through the end of September with this budget amendment. The funds for this were all salary savings in my department, so this is funds that were -- are not going to get used out of our salary budget and we did put in an enhancement for your consideration in the FY-13 budget to make the program permanent. But this is the direction we had sought last year when we funded it last year was that if it was successful we'd come back for one more amendment and, then, an enhancement for future years. I'd stand for any questions. De Weerd: Thank you, Mr. Nary. Any questions for our HR director? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Having heard how successful this was last year, is that enough money? Should we be doing this even more? Nary: Madam Mayor, Members of the Council, Council Member Zaremba. We -- I mean we try to keep it pretty tight. I mean if it -- we ran around 5,000 dollars a month for the 16 kids for the number of hours. So, that was the estimate we used. So, at this point I don't know that we will fill it up. I don't know if we will have more success. If we do we will certainly come back. But I mean at this point I think it's at least fair to get us off the ground and going and I wanted to get it out to the departments sooner than last year, we sort of had to rush it, so I think we should be fine. Meridian City Council May 1, 2012 Page 21 of 22 Zaremba: Okay. Thank you. De Weerd: Do you have a pot of money that you'd like to dedicate? Zaremba: No, but Ijust -- most of the department people that I have talked to said they appreciated the program and -- and would do more of it if they could. So, I just -- Rountree: They like to work on Bill's money. Nary: Yes, they do. That's okay. De Weerd: What Bill was able to find. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-H, budget amendment for the youth program in amount of 22,000 dollars -- 22,200 dollars. Hoaglun: Second. De Weerd: I have a motion and a second. Any 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. I. Clerk's Office: Approval of a 2012-2013 Beer License Owner Transfer and Renewal for Pier 49 Located at 3665 E. Overland Rd. Moved to Item 6M on the Consent Agenda De Weerd: Item I was moved to the Consent Agenda. Item 10: Future Meeting Topics De Weerd: We are at Item 10, Future Meeting Topics. Council, are there any items to consider for future agendas? Rountree: Can't think of any. De Weerd: I would remind you that upstairs we do have youth art on display. They had a reception this afternoon, which was well attended. Most of our young artists were there with their families and it was really nice.. So, it is a good display. It's something Meridian City Council May 1, 2012 Page 22 of 22 that the art teachers as well -- or those that help in the schools with their art programs are excited about seeing in years to come. So, this is something that Megan Murphy put together. She is our youth representative on the Arts Commission. She was challenged to pull this together. It's like I told Megan tonight, she did all the heavy lifting. She got things started and blazed a trail that others I think will follow on a lot easier path. But with that I would entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~i/~i DATE APPROVED ~D n UGLST `~9 City of IDIAI~1~ IDAHO n ~~r~R °~fAe TAE~S~~~~~y Changes to Agenda: Item #8C- AP12.002 The applicant requests that the Council continue the hearing to May 22, 2012. Item 8B: Browning Plaza (TEC-12-008) Application(s): - Preliminary plat time extension Size of property, existing zoning, and location: This site consists of 38.21 acres, is currently zoned C-G, and is located on the south side of W. Waltman Ln., approximately'/ mile west of S. Meridian Road. Summary of Request: The applicant requests approval of a 2 year time extension on the preliminary plat in order to obtain the City Engineer's signature on the final plat for Browning Plaza Subdivision. This is the 2~d time extension requested for this development; an 18 month time extension was granted by the Director on October 8, 2010 & expired on April 7, 2012. The preliminary plat consists of 40 building lots & 2 common area lots on 38.21 acres of land. Written Testimony: Shawn Nickel, Applicant's Representative (in agreement w/staff report) Staff Recommendation: Staff recommends approval of the time extension to expire on April 7, 2014 with conditions of approval that coincide with the recently adopted surety requirements set forth in the UDC; the new Public Works street light requirements; and the amended Meridian Pathways Master Plan. Notes: ~i i n i until tin 1° a May 1, 2012 I tJ ,q J ITEM TITLE: Meridian Building Safety Month Proclamation Community Item/Presentations Presenter Contact Info./Notes CLI46CS ®FFIC FINAL ACTION I DATE: IE-MSTAFD TOI AGENCY I APPLICANT I NOTES I INITIALS I ri i n ity until t®rt : May 1, 2012 I 6A J T o I°fEM TITLE: Consent Agenda Approve Minutes of April 17, 2012 City Council PreCouncil Meeting ( DATE: IE-~STAFF T®I AGENCOY ( APPLICANT I NOTES I INITIALS I ~i i ity u it tin 1° :May 1, 2012 I a 6 ~~~he!'/ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FIN,4L ~4CTIOIV DATE: (E-~STAFF TOI AGENCY I APPLICANT ( NOTES I INITIALS ri i n it u it i :May 1, 2012 I 6 c~~'~~cs o~~-c~ ~~~~L ~~~~®n- I DATE: (E-MSTAFD TOI AGENCOY I APPLICANT I NOTES I INITIALS I ~-i i i until tin ® May 1, 2012 I : 6 1 ®006 ITEM TITLE: Ambercreek No. 2 Final Order for Approval: TEC 12-006 Ambercreek No. 2 by Trilogy Department, LLC Located Near Southwest Corner of N. Meridian Road and W. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat MEETING NOTES ~~ nti^e Community Item/Presentations Presenter Contact Info./ otes CLERKS OFFICE FIIV,4L ,4CTIDM I DATE: IE-MSTAFF T°I AGENCOY I APPLICANT I NOTES INITIALS ( ~°- i ity unil tin : fVlay 1, 2012 I 6 J 12®00 ITEII~ TITLE: Paramount No. 18 Final Order for Approval: FP 12-003 Paramount No. 18 by Brighton Development, Inc. Located West of N. Meridian Road Between W. Producer Way and N. Fox Run Way Request: Final Plat Consisting of 19 Residential Building Lots and One (1) Common Lot on 5.66 Acres in an R-8 Zoning District I DATE: IE-~STAFFT°I AGENCY I APPLICANT I NOTES ( INITIALS I ~i i n ity until tin a nnay 1, 2012 i 6 e 1®004 ITEM TITLE: Zebulon Heights Subdivision No. 5 Final Order for Approval: FP 12-004 Zebulon Heights Subdivision No. 5 by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 39 Building Lots and 3 Common Lots on 14.39 Acres of Land MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERd(S ®FFICE FINAL AC77®N I DATE: I E-MSTAFF TOI AGENCOY I APPLICANT I NOTES I INITIALS I ~i i n ity until tin : May 1, 2012 I 6 J : T 1®003 ITEM TITLE: ®livetree at Spurvving Subdivision Final Order for Approval: TEC 12-003 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located North of W. Chinden Boulevard, West of N. Spurwing Way Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat I DATE: IE_MSTAFF T°I AGENCOY ( APPLICANT I NOTES I INITIALS I ~i i n ity until tin Incident Tracking System Software Agreement with Ada County Sheriff's ®ice NIEETINC N®T ~ti .e A/ Community Item/Presentations Presenter Contact Info./Notes CLL'RKS OFFICE FINAL ACTION DATE: IE-~STAFF T°I AGENC® I APPL CANT ( NOTES I INITIALS MEMORANDUM OF AGREEMENT: INCIDENT TRACKING SYSTEM SOFTWARE This MEMORANDUM OF AGREEMENT: INCIDENT TRACKING SYSTEM SOFTWARE ("Agreement") is made this ~ day of ~~, 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Ada County, a political subdivision of the State of Idaho, by and through the Ada County Sheriff s Office, whose address is 7200 Barrister Drive, Boise, Idaho, ("Licensee"). (City and Licensee may hereinafter be collectively referred to as "Parties.") WHEREAS, City Programmer Mike Tanner created ITS with the objective of facilitating communication and information sharing between public law enforcement agencies using software that can be customized to meet the individual needs and administrative operation of each agency while also serving the shared need of all law enforcement agencies to access information gathered by or known to other agencies; WHEREAS, it is the intent of the City of Meridian to make Incident Tracking System ("ITS") software readily available to government entities, for the limited purpose of use by such government entities, and to prevent exploitation of ITS or commercial gain from ITS by for-profit or other third-party entities; WHEREAS, in order to further these objectives, it is City's desire to provide to Licensee open access to ITS software, including source code, underlying ideas, algorithms, file formats, programming, interoperability interfaces, and machine code, while also prohibiting dissemination to any person or entity with a differing objective, such as commercial or private use or profit; and WHEREAS, City is authorized by Idaho Code section 67-2328 to enter into agreements other law enforcement agencies for joint or cooperative action; NOW, THEREFORE, subject to the limitations of this Agreement and in order to meet the objectives described above, the Parties hereby agree as follows: I. LICENSE. City grants to Licensee, and Licensee accepts from City, anon-exclusive, revocable, royalty-free, non-sublicensable and non-transferable license under City's copyrights for the term of this agreement to install and use the machine-code version of Incident Tracking System, together with any related technical specification documentation provided by City ("Software"). A. Title. Subject only to the license granted by this Agreement, City shall retain all right, title and interest, including all patent rights, copyrights and trademarks, in and to the Software and all derivative works. This provision shall survive termination of this Agreement. B. Backup copies. In addition to copies made pursuant to installation, Licensee may make one (1) copy of the Software for backup and archival purposes. Licensee must reproduce and include the copyright and trademark notices and any other notices that appear on the original Software on all copies, including installed, backup, and archival copies, and any media therefor. C. Restrictions. The following restrictions shall apply to the license granted to Licensee by this agreement, and shall survive termination of this Agreement. Except with notice to and written consent of City and all agencies utilizing ITS, Licensee shall not, and shall not allow any third party to: MOA: INCIDENT TRACKING SYSTEM SOFTWARE PAGE 1 OF 4 1. Provide, give, lease, lend, use for timesharing, service bureau or hosting purposes or otherwise use or allow persons or entities not a party to this Agreement to use the Software; 2. Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Software by any means whatsoever; 3. Remove any product identification, copyright, trademark or other notices; 4. Modify, or, except to the extent expressly authorized herein, incorporate into or with other software or create a derivative work of any part of the Software; Disseminate information or analysis (including, without limitation, benchmarks) regarding the quality or performance of the Software from any source, without prior written authorization by City; or 6. Use the output or other information generated by the Software (including, without limitation, output describing the structure of a software program) for any purpose other than for the exclusive benefit of Licensee. II. NO WARRANTY. The Software is provided by City "as-is" and with all faults accepted, with no warranties, express or implied, of any kind. No dealer, agent or employee of City is authorized to make any modifications, extensions or additions to this section. City makes no other representation or warranty of any kind whether express or implied (either in fact or by operation of law) with respect to the software or other materials provided by City. City expressly disclaims all implied warranties of noninfringement, merchantability and fitness for a particular purpose. City does not warrant that the software is error-free or that operation of the software will be secure or uninterrupted. Licensee may have other statutory rights; however, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the shortest permissible duration. Moreover, in no event will warranties provided by law, if any, apply unless they are required to apply by statute. This provision shall survive termination of this Agreement. III. TERM. This Agreement shall commence on the Effective Date, and shall continue until terminated as provided herein. IV. TERMINATION. City may terminate this Agreement for convenience or for cause if Licensee fails to cure any material breach of this Agreement within thirty (30) days after written notice of such breach, or immediately upon notice in the case of a breach of any restriction set forth in this agreement. Upon termination, Licensee shall immediately cease all use of the Software and return all copies of the Software and all portions thereof and so certify to City. Termination is not an exclusive remedy; all other remedies will be available whether or not this Agreement is terminated. V. LIMITATION OF LIABILITY. Notwithstanding anything in this agreement to the contrary, City shall not be liable or obligated, and Licensee shall hold City harmless, with respect to any subject matter of this agreement or under contract, negligence, strict liability or any other legal or equitable theory for: A. Any special, punitive, incidental or consequential damages (including, without limitation, for any lost profits, cost of procurement of substitute goods, technology, services or rights); MOA: INCIDENT TRACKING SYSTEM SOFTWARE PAGE 2 OF 4 B. Interruption of use or loss or corruption of data; or C. Any matter beyond its reasonable control. This provision shall survive termination of this Agreement. VI. GENERAL PROVISIONS. A. Cumulative remedies. The remedies under this Agreement shall be cumulative and not alternative. The election of one remedy for a breach shall not preclude pursuit of other remedies unless as expressly provided in this Agreement. B. Governing law. This Agreement shall be governed in all respects by the substantive laws of the State of Idaho, United States of America (excluding conflict of laws rules) as applied to agreements entered into and to be performed entirely within the State of Idaho between Idaho residents. Any dispute regarding this Agreement shall be subject to the exclusive jurisdiction of and venue within the state or federal courts located in the state of Idaho, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts. C. Notices. All notices, statements, and reports required or permitted by this Agreement shall be in writing and deemed to have been effectively given and received three (3) business days after the date of mailing by registered or certified U.S. mail, postage prepaid, with return receipt requested. Notices shall be addressed as follows: Licensee: Ada County Sheriff s Office City: City of Meridian 7200 Barrister Drive Attn: City Attorney Boise ID 83704 33 E. Broadway Avenue Meridian ID 83642 D. Assignment. Licensee shall not assign or otherwise transfer any of its rights, obligations or licenses hereunder without the prior written consent of City. The provisions of this Agreement shall apply to and bind the successors and permitted assigns of the parties. E. Independent contractor. The relationship created by this Agreement is one of independent contractors, and not partners or joint venturers. Unless otherwise agreed in writing, no employees, consultants, contractors or agents of one party are employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. Neither party will represent to the contrary, either expressly, implicitly or otherwise. F. Third party beneficiaries, Licensee acknowledges and agrees that there are no third party beneficiaries of this Agreement. G. Severability. If any covenant set forth in this Agreement is determined by any court to be unenforceable by reason of its extending for too great a period of time or by reason of its being too extensive in any other respect, such covenant shall be interpreted to extend only for the longest period of time and to otherwise have the broadest application as shall be enforceable. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, which shall continue in full force and effect. MOA: INCIDENT TRACKING SYSTEM SOFTWARE PAGE 3 OF 4 H. No waiver. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any rights, and the obligations of the party with respect to such future performance shall continue in full force and effect. I. Entire agreement. This Agreement constitutes the complete, final and exclusive statement of the terms of the agreement between City and Licensee and supersedes all prior agreements, understandings, negotiations and discussions of the parties, whether written or verbal. No modification or rescission of this Agreement shall be binding unless executed in writing by both City and Licensee. J. Presumptions/review. In construing the terms of this Agreement, no presumption shall operate in either party's favor as a result of that party's counsel's role in drafting the terms or provisions hereof. Further, it is agreed that Licensee has had a full and fair opportunity to review the terms herein and to consult with legal counsel before signing. Accordingly, because Licensee has had ample review opportunities and because Licensee is and was free to elect not to accept these terms, Licensee acknowledges that this is not a contract of adhesion. u K. Attorney fees. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement will be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and attorney fees. L. Authority. Each party represents that all corporate action necessary for the authorization, acceptance and delivery of this Agreement by such party and the performance of its obligations hereunder has been taken. IN W TNESS WHEREOF, the parties hereto have executed this Agreement on the /day of 2012. ADA COUNT SHERIFF'S OFFICE: CITY OF MERIDIAN: By: Tammy de W erg Attest: City ® n , O~O~p'CEDAUCLSrl v// ~`' '~'4~ yor ~.~Yl EG IDIAN~ ~ IDAHO m C~ S r.h I . ~ ~~T ~~' v ;lerk °~„~ Tat~a~ae MOA: INCIDENT TRACKING SYSTEM SOFTWARE PAGE 4 OF 4 ~i i n ity until ti ®i~ay 1, 2012 i°T 61 J a ITEM TITLE: Consent Agenda Concurrence of Ada County Highway ®istrict's (ACH®) Award to Central Paving, Inc. for ACH® Project No. 310023 "Roadway Construction/Recycled Potable 1Alater Line Improvements -Ten Mile Road Intersection" and Approval of the City's Cost Share Amount of $6,354.40 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERICS ®FFICE FIN,4L ~4C7'l®N DATE: I E-MSTAFD TOI AGENCO I APPLICANT I NOTES I INITIALS ~r~o To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager C: John Boyd, Jacy Jones Date: 4/25/12 e: May 1 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 1 City Council Consent Agenda. Concurrence of ACHD's award to Central Paving, Inc. for ACHD Project No. 310023 "Roadway Construction/Recycled & Potable Water Line Improvements -Ten Mile Road Intersection" and approval of the City's cost share amount of $86,354.40. This award is the result of the Interagency Agreement executed between ACRD & the City on September 20, 2011. Recommended Council Action: Approval of ACHD's selection of Central Paving, Inc. and the City's cost share amount of $86,354.40. Thank you for your consideration. ® Page 1 INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/ RECYCLED & POTABLE WATER LINE IMPROVEMENTS: iJSTICi~ ROAD AND TEN MILE ROAD INTERSECTION ACHD PROJECT NO. 310023 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/RECYCLED 8i POTABLE WATER LINE IMPROVEMENTS FOR USTICK ROAD AND TEN MILE ROAD INTERSECTION ("Agreement") is made and entered into this ~ day of S~,~m ~ , 2011 ("Effective Date"), by and between the Ada County Highway District, a highway district organized under Title 40, Chapter 14, Idaho Code ("ACHD"), and the City of Meridian, a municipal corporation organized under Title 50, Idaho Code ("City"). WHEREAS, pursuant to Idaho Code § 67-2332, ACHD and City desire to undertake a joint effort to share the tasks and costs of reconstructing the Ustick Road and Ten Mile Road Intersection, including potable and recycled water line installations as detailed in Project Number 310023 (the "Project"); and WHEREAS, ACHD is willing to arrange for installation of potable and recycled water lines as part of the Project plans so long as ACRD is fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the potable and recycled water lines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the potable and recycled water lines design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. ACHD SHAI,I.: a. Solicit, receive, and open bids and for executing and administering the construction contract for the Project referenced herein ("Contract"); b. Provide City with a complete set of combined bid documents for the roadway reconstruction and for the potable water and sanitary sewer utility work referenced herein; c. Furnish City with an abstract of all bids received, and obtain City's concurrence with ACHD's selection for award of the Contract prior to making such award; d. Coordinate with City regarding execution and any modification of the Contract, with regard to any provisions that may impact City's potable and recycled water line work; e. Make monthly progress payments and the final Contract payment to the Contractor in conformance with the terms of the construction Contract; INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.310023 PAGE 1< OF 6 f. Obtain City's concurrence prior to approval of each Contractor's progress payrxtent estimate and submit to City a copy of each estimate together with an invoice for City's share of the Contract costs. earned by and to be paid to Contractor; g. Obtain City's prior approval for any change order work involving'the installations, adjustments, relocations, and abandonments of potable water and recycled water lines; h. Provide for the reference and replacement of ail pre-existing survey monuments within the work area; i. Provide the trench compaction testing, at the minimum frequency rate of one (1) test per five hundred (SaQ) lineal feet per one foot (1') of trench depth, for the potable water-and sanitary sewer utilities from one foot (1'}above the pipe zone to sub-grade of the roadway section; j. Provide all re-testing required in any area that does not meet Contract requirements; k. Provide the field survey and grade contt~ol necessary far' ConStrUCtlon Of the roadway; 1. Establish centerline or offsets and stationing prior to City staking potable water and sanitary sewer utilities contained in City's portion of the work; and m. Coordinate with City prior to making changes to AC1=iD's portion of the Contract where such changes tray impact City's portion of the Contract. 2~ CIITY SHALL: a. Inspect all potable and recycled water facilities installed under the Contract and provide copies of appropriate tests and diaries to the ACHD Project Representative; b. Provide field survey and grade control required for the installation of the potable and recycled water facilities installed under the Contract; c. Provide ACRD with the construction plans, special provisions, and unit bid quantities for the potable and recycled water facilities to be included in the bid documents for the Contract, including the requirement that all work regarding the potable and recycled water facilities must be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction ("ISPWC") and the most current City of Meridian Supplemental Specifications to the ISPWC; d. Remit to ACHD, within thirty-five {35} days after the date of invoice therefor, all funds far which City is responsible pursuant to the approved final Contract and this Agreement; e. Reimburse ACRD for all additional casts iztcurred by ACRD, up to a maximum of five percent (5%) of City's construction costs, including overhead and benefits, project administration, compaction testing, and soils work required solely for the installations, INTrsRAGL~NCY AGttEL+Nt);~lT I'aR ACHD PROJECT Na. 310023 PAGE 2 of 6 adjustments, relocations, and abandonments of potable and recycled water facilities, which reimbursement .shall be calculated as the actual quantities of work acceptably performed, and/or, installed, as detertxtined from field measurements made by City, and paid far pursuant to the unit, and/or lump sum prices established in the Contract; f. Reimburse ACRD for mobilization, traffic control, flagging, detours, and weekly meetings, on a prorated basis, to be calculated using the percentage of City's project costs as they relate to the total project construction costs; g. Ee liable for the cost of repairing any trench failures attributable to failure of potable and recycled water facilities; and h. Reimburse ACHD for any additional costs to ACRD attributable to the installations, adjustments, relocations, and abandonments of City's portion of the potable and recycled water facilities or to the removal of any or all iten~s from the Contract that are associated with the installation of potable water and sanitary sewer utilities. 3. THE PAI~TJ[ES >BEItET® FUItT lg A~1ltEE T]t~T: a. Prior to comnnenceznent of work by the Contractor, the Patties, together with the Contractor, shall inspect the entire. Project for the purpose of locating and resolving any items of concern or misanderstanding; b. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; c. All signatories to this Agreerrzent represent and warxatzt that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; d. Should either patty to ties Agreement be required to cornritence legal action against the other to enforce- the terms and conditions of this Agteement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; e. Any action at law, suit in equity, arbitration or judicial proceeding far the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; f. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective patties hereto; g. Nothing in this Agreement shall be construed to be an indebtedness or liability in violatiozl of Article VIII, Section 3 of the Idaho Constitution; h. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws. of the State of Tdaho; Y1VTL~RAGEIVCX AGREEMENT TOR ACHD FR4JECT N0.31.0~23 PAGE 3 OF $ i, Tlus Agreement and the exhibits hereto constitute the fall and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein; j. The promises, covenants, conditions, and agreements herein contained shall be binding on each of thepaities hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns; k, Tf any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible; 1. The failure of a party to insist on the strict performance of any provision of this Agreemett or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party°s right to enforce any provision or exercise any right. No acknowledgments rewired hereunder, and no modificatipn or waiver of any provision of this Agreement or consent to departure tlierefi•om, shall be effective unless in writing 'and `signed by ACHD and City; m. This Agreement maybe executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the sarr-e, n, The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnerslup, or other similar relationship which might subject. airy party to liability far the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement; and o. Time shall be of the essence for all events and obligations to be performed under this Agreement. INTERAGENCY AGREEi1~NT T'UR ACID PROJECT N0.31QO23 PAGE 4 Off' IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: I ADA COUNTY HIGHWAY DISTRICT By: ~ By: ~ Bru ebecca W. Arnold Director President, Board of Commissioners ATTEST: \\~~,~~i~~,,,F,"%I(J CITY OF MERIDIAN ~ G~ ~l By: \ '~ Jay a olman = _ ._ ~-. ~~~° ~' 'pam de eerd City Clerk - '~.;_, ~Iay i j ~.. Jr,;, .,, ., STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 7 day , 2011, before me, a notary public in and for said state, personally pp A OLD known to me to be the PRESIDENT of the ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. of a eared BECCA RN INTERAGENCY AGREER2ENT FOR ACIID PROJECT N0.314023 PAGE S OF fi STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ---~ _ day of ~~.~~ , 2011, before me, the undersigned, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~®~®®® 1.,~~,ARY '~. ®GJ ® 'O ~~ ~ ~ m~~,~ ~ e w~; ; ®® '~ ~ ~'® Notary Public for Idaho ® ~~ •1~ • ®®®® S;~,A c~. ~ ®®® Residing at r~-(2.~v'~ d l a v,, Idaho ®®~ ~ ~ a ~ ® My commission expires: J ~. ~ 4j dal y IN'T'ERAGENCY AGREEMENT FOR ACRD PROJECT N0.31O023 PAGE 6 OF 6 FROM: John Boyd Engineering Technician II DATE: 4/19/2012 SUBJECT: TEN MILE RD/USTICK ROAD INTERSECTION - UTILITY IMPROVEMENTS PROJECT #10256C IN CONJUNCTION WITH THE ACHD ROAD PROJECT I. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician (Project Manager) ................................489-0364 Clint Dolsby, Asst. City Engineer ..................................................................489-0341 Warren Stewart, PW Engineering Manager ...................................................489-0350 Tom Barry, Director of Public Worlcs ...........................................................489-0372 II. DESCRIPTION A. Project Baclc rg ound The Ada County Highway District (ACHD) is rebuilding the intersection of Ten Mile Road and Usticlc Road. The City has existing water pipelines that need to be adjusted (due to conflicts with a new storm drainage system) and water and recycled water valves that need to be adjusted to the new grade. We will also be extending a recycled water line 440 feet to the west to allow for future expansion. There are also a few items Public Works has included in the bid that the Parks Department will be paying for. B. Contractor Selection ACHD received bids for the above project on April 18, 2012 @ 3:00 PM and the lowest apparent bidder for the project is Central Paving. Page 1 of 2 TEN MILE RD / USTICI~ ROAD INTERSECTION UTILITY' IMPROVEMENT PROJECT III. IMPACT A. Strate ig c Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community, ensuring modem reliable facilities while maintaining financial stewardship. B. Service/Deliver.~pact: This project saves money for the Public Worlcs Department by implementing the construction of our utilities into ACRD projects. Money will be saved as the City will be working under ACHD's Storm Water Pollution Prevention Plan and using the ACRD traffic control. C. Fiscal Impact / The ACHD bid amount for the total project is $1,495,100.00 and the City of Meridian's cost for recycled water, water and parks improvements is $72,087.10. The following estimated costs are included in the request to fund this project: ® ACRD Administration Cost of up to 5% of Meridian's Contract ......$3,604.36 ® City of Meridian share of mobilization, traffic control, flagging, detours and weekly meetings, on a prorated basis (Estimated Cost) .....................$2,812.55 D. Total Project Costs Project Total with Administrative and Shared Costs ..............................$78,504.00 Project Contingency @ 10% .....................................................................$7,850.40 Total requested for this project is a not to exceed amount of .................$86,354.40 Project Funding Water Code ........................................3490-96140 $34,592.38 ................................. Recycled Water ..................................3590-96173 .................................$47,624.41 Parks Department ...............................TBD...............................................$4,137.61 IV. LIST OF ATTACHMENTS 1. ACHD Engineer Estimate 2. ACHD Bid Abstract 3. Purchase Order Requisition APPROVED FOR BID /AWARD PROCESS Stewart, PE -Engineering Manager Mike Barton -Parks Superintendent Date a ~_ u~ i M~ ~ 4 ~°`~ _ Date Page 2 of 2 4~' ~:~ ~3 ,~. ~~~ a. la371 ~. t'~~'", j ;~' (~) ;~*J ~~_~~ ~~~~ I t ~. '~I 1 ' I°~,i O ii'yUJ,. ~ y <, ~ ~ ~ ~ f~~ ~- '~ I C~1 ' ~~' ~~'o. ~~ ~ ~ ~, ~i ;~' w ~~ r s 11 i [. U r}. c4 o r~ `o ,.~ N ,,4+ry~rya 4J C] ~ ~ Q~~ ;~ ©~ ,~ ;; , ~,, y-~. ~- %'rUc~~~ (~('•~c3j W N F- M fl ~ ~ ~ ~ ~~~ ~~°v ~~~~ a c1 ~ ~ ru ~ ,~ ~_ (`~ tl. iii t^ c ~~" ~ (r~ ~~ `i' ~•,.. 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Sedrrlaeni i3r~x ` 1fl00 G~iinn _-- l 7 EA $7;7t1q Oq $1'a,'iCJO tl0 U113iriderJ $7,700 UU $18 800 OU 09 fittirler~ $2,2GU.Uq ~ $1b,520.0U 0y Blddir U5 EJldderj $2 9b5 UU $2,8UO.OD $28,755.00 U.3 Bidder $15,6{)0.00 ~ $3,115 OU 3z1 80b OU -- -- 'SSP 2fl003 Taint>arary Caristructrnn Fnr~cillfl ~ 1 i0 ~ Li:~ I fii,5U S3~3a;00 U1 Blddcr~ ~i2 20 ' $2x2 00 ,... p2 Htdder __._ $2 UU $220 00 J U3 Brdder~ $2 20 $l42 00 i U~! Bidder $2 y0 ; $278,00 ~ 05 Htdder _ ,_..._ $6 UU i $660 00 ~ .. _ r..._...__.._... _...... SSP ?{3 113 ._. f31c~c1~ Relatni W~li 011 __,_._ 1 1203 _ SF ~ $2t).pq . - `I;24;O~U OU U.l Htdder $i3 q0 $1G 639.00 G2 BlddGr $13 5U ~ 516,240 5t) I t)9 HJdder~ $z2.SB ~ `S27 IB«3.7a J 04 Hrdder~ $22 0q $z6 a66.0o l aS Dtddnr $in gU~16,8a2 Oo ~ _.._ (sSp asosn --- _ , ,N ::,_....._ Ua,n~iash ~ 12tatt~av9 i;xisiirrg suildrr,o __ W. ~ ~ r=A ! ~s r1t~a q0 $1o,~a~:of~ _.~ Ol Bidder $6,800.00 $13 600 Op Ul Bidder _ $b,18q UU r $12 360 OU Od aidderl SG3UU UU $12 600:Ot1 J U4Bltitier $6,180.00 1 $12,3Fifl.UO 05Hidder $fi,3fU.g0 ~12,72U.00 SSP 25050 a"fap~otl - ~ ~ 805 ~ r 'Y I ~" 511 0163 7a_ Ui rllddcr $2.50 } 312 T37 50 d2131dder~_ $2 SU ^312,737.80 ' D3 aldder) t _, ~ 2 ."a0 $12 13T 50 : U~t Bldder~ $? 50 312 73T 50 q5 Bidderj $2 90 31x,775.50 ~ , . .... ..... SSP 250011 L._~..,.-_...__ _ - - - Rarnava & };esaf Mailbax _ ~ ~ x ' faA ~ fi tSq.Uq 3GKJ0 bt) _....._ ...~ UI Bidder $219 OU ~ 35 T6 00 _.-_.. 02 Htdder $2S7 UU ..: 31,0213 00 , fJ.3 Bidder ~5v6 q0 ~ $672.00 j ' ~ ._ U? Bidder) y2i5 qU ~ $560 OU US Birkler ~13U UU 3620 00 , SSi' 2tJO8tt _...._ .w_. Wydr(iSnadtnq ~ 136h7 ; SY I $t7 2'r ~+3 4 is 25 - ~ UI Bidder $0 44 ~ $6,00$ 08 - ..... t 02 Bttftlrsr SU 3U ~ 3x 097 10 03 Brdder~ _ $D 3 J $S,Og'3 0$ ~ _._- 09 Bidderj $0 3'a ~ $4,77$ 85 U5 Bidder SU 3S ~ 34 l79 9G ~ -.. _....._. ._._._......... SSP 29065 _....... _.. _..._ ._. -.....___~~_.-_ Sad Ft~r(1erC .. ... ._.__.,....... _. . -____~_::: :e..__-_:.:::::: .. ~ - 2>76 ....I l r SY 7I $~> t)0 _ -$11 `(?u Uil . 01 Bidderf $4 75 } 310,a68.7h U2 BtddNr~ ._ ..__...._,........_ $,1.50 $10 012 5U ~ 113 Htdder _ t $4 73 j $1U,a2a.~5 -_._ _ __ U9 Hidden $x 60 , $10,235.00 US Btdde 1 $x.BU $10 G80 00 t SSP 2tJ003 ........ _~._ F2arrtnva Treq (6"~-) _~-- ..... .............. II 24 1 ~ GTE I $2SQ g0 `~13 000 Ut? l D7 Bidder' $173 U0 $x 15l Oq tl4 Bldtier~ 5170 UU 34 080 00 U2 Bidder (IS Bidd $170 OU $180 qQ ,~ $4 080 00 ~ U? Bidder $a 32p 00 ~ __._-_...........--- $175 UU 34 200 00 _.. - __ , er ---.... SSP 291131 Remdv~ & l~a5et 5i~rlnklr~r SyStam . _.~ ~ 1 Il4 [ Lr" ~ $5 7S ~,8 J13 t7U......~ _ 02 Htdrler~ 55 25 ~ $$ OG1 00 t>~ Crtdder ~ $3 SU ,_.... x $6,034.00 , U3111ddt~r~ . ..._._ _.... ,55.23 ~ $~3,01G 52 t?9 Hldderl $S SU ~ 38 7$l x0 U5 Ctldder $3 aq ~ 35,869 60 t SSP 29111} _ t~rarrr~ti~Jet~r Utz&prvUtlart Well _ _. _... ( 2 ~ C ~ $22S UO `~4btJ UO _...._ _I .. Oz Bldtler~ $1.88 UU $376.00 0?. Htdder $221.00 ~._. .z „.... $442 00 !. U3 atdder~ $50t) qU ; $1,000.00 ~ ..~. m. . a4 BJdcter $iB0.U0 ~ $360.00 fly Bidder $711.Q0 51,x22.00 Estimate $1 x9F3; T29 $ rt79 l5rdder~ $'1,423,012.90 ~02131dder -- $1,501,x4{1.60 ~ ~t)3 Buidei~ _ ._._. 51,x13,9'10.25 Opt Bidder $1;385;776 B5 't)a ~iddar $1,"v08 '13.95 ' SOf1t3L~111t? 7-11!3 fti;tt dil[i -(f311 Mile .5~WE3Y'~i7f1 Wi}tttr 1r iN202-t}8 01 3 111023 (.t5tICiK (~Ct +~31t~ ~@!'I t~t11i2 1~C~ r~.~f3W81' iil'ICl ~7ftaf ~8111i1tifG~ ~~Oi x A 1 0' i'VC, AWWA G~30U DR98 Water MOin ~ 53 31 49a UO.........~ ~ Lt'~I~ $18 QO U2 Bidder $23 10 1 $1 987 10 ~_0/t Bldder~ __$22.Sq ~ $1,867.80 Uz Bidder US Bttider _ $38 UU $31xx.0U ~ 03 Hidden $x7.00 ~ $2,241.00 _. ~ _... $27,52 32,292.46 ~ --~- ~n4aa 41 ~ 1 _... s' ty~t~ VHtve _ __._.__......_ _._ ._...__ _ .._........ _.. ... ~ .. ~ t;~ ~t3gU qu $1,800 00 ( 01 Blddei $840.00 ~ 51,880.00 _ .....__.......... _ .._ U2 Bidder ... _~._ ...... . r_. w_k $1,310.00 .~ ..............__......._......:..._ 52,620.00 d3 Hldder~ $7UF3.75 ? $1,417.80 U4 Htdder, $800.00 1 ~1,60U,00 .............. v513tdder ..._..........................--- ... $970.00 .............__...__........._................._........_......_A......_. $1,9x0,00 ~- ......_............~..............._........._......__......._.....__._.... x/1812012 G7.292-i5 - tistick Hand end 7'en Mtta Raad Infersectiatr Paga 5 0903 A.1.A.1 New F#jo 1lydret7t Assr[nf31y 2 (~A $z X00 ilU ~~ 800 00 02 Dkldrr'I $2,/00.00 ~ $a 400 Oq Ux Didder $2195.00 $4 390 00 i 0 Drdd[>>r bz,4J8 Oa F 54,9x8.00 UA Dldderl~~~~ $2;BOa.aU ~ $ri,200.00 U5 Nldder $7.,U'IUAO $4,140 00 ~Ofl03.4.1 A 1 ? t7#~rrtetrr~C'r~S~>,lr~r Irr1 atian 1''1 e Srn~dul~ 40 E'V~ 15 6A a00U $760 00 a2 Dldderr $so s0 ' 5151.x0 ax llyddHr~ - $iG5 as ~ ~~ 470 Op o3 Drdderf $109 as ' 51,5/5 00 p4 Didder $'r.l'a °x"77.28 U5 Dldder $1GU.UU "x2,400.00 {}~2^'030~ 1 A'1 __ ................._...._............... _ AdJus#'tvlrrr~fiaEetp Gres<le ......,.~... ~,.......... _.. ___.....:................._......... ......................_........................_....__......__.... 1 ~ _. ,.w GA $4f1Q.aa $400;00 '. ~ ' i ......_._. ._.. __. .. U2 Didrler~ $3G8 UO { $368 OU - a2 Dldd[~r $402 00 $402 OO i U.3 Df[ider~ - 4 00~ __... $37a UU ( 53J0 UA 131ddrr~ $3UU U0 j $300.00 at, Di[lder~ $470.aa ~ - $470.00 . ~2030,A.1;C;1 AdJufit Valvo Bax fa Grady ( ~ 8 ~A ~ fi 180.00 53,40,00 as Dtdder~ ~71U 00 ' S3 780 q0 02 Dldder $232 as ...... _ _ _ 54,176.00 j U:i Dldder, ~J1U UO 63,7£30 00 a4 Hldder1 ~ _. $770 UU ; $3,fl80.00 _ OS Dldde r.. _ _ b2z0.0a 33,960.00 ~ ISP25002 Ornatr7i~ntai #~ng3t (Ixr~r~€r{ 92 only} ~ 10 t Y ~ $xa`aa ~~00,ti0 U1 Dldder $1G Aa $168.00 U4 Didder' $iG SO ~ $1G5.00 ~ ~ D7. Didder3 $G2 UU -U5 Didder $17.00 $820 00 1 Ud IIiddtar~ .....,,...r $170 00 ~ $1ti AO $`168 UO ._~.....~a......_.,_.,....... ___..._. 5P 29900 _...... ~,..w....,.w .~., _.._........._........___ .............__........._.._ __ . Sa{v;ac3e <rnc112[~+.€sr~ t r~ndscape RC~~It (#xurae! 1 d gnly) 1k33 i SY $8 as 31 46~t.D0 _ , U2 Dldrler~ _ $$ UU...,.... 591.00 p U2 Dldder ...$z;00..... .._._a388 00 _ U3 Dldder $S Oa (_ 3918 00 U/t Drdder $S.UO ~ 5915.00 a'i Dldder $3.00 $549 p0 Sf' Iv14tJ01 /1dJust Exi~ttny Wkr#Pr Mani at Naw f~tptr ~ro~~lrr[3 3 ; EA ~ SJ ZUU OU _ 59 600 t}0 UJ Dldder $4,500.00 €~~ 373 X00 00 p2 Diddt,r ~ $4 945 UU ~ 514,835.00 ! U3 Didder; $4,400.00 ~ $73,200.00 04 Bldderj $4,325 OU ~ 572,975.00 as Drddc,r $6'iUU UU € ...... $18 900 00 i ..._ ASP lv}4002 i Int 7`ep Gxtstrnej 1Na#at Mein . _.. ~ 2 ~A ~ S1 5()0 OU .~3,t100 Ot3 ). UT Drdder $1,f3aU.U4 ~ 53 600 00 U2 Diddrr $x,505 UD 33,010 00 a3 Didder $1,502.04 I 53,004 00 53 x00 00 U4 Dldd[~r~ $1,154.40 t U5 Dldder $2,2Ua OU _... ~._. , $4 400 00 _ Six M4t)03 ...... 1 z' Rt~irso C3afe Vaivd 1 L.A fi7 #aa'44 52 100 00 ~ _ , UT Didder; $2,G00 UO 52,Oi00 Qa vz Dldder $z,azs ap $2 025 00 ( a.3 Dlcftler~ _. $~;zss. ~4 ~ 52,285 U4 Dldder; $2,475 UO ~ $2,475 00 RS Dldder $2,2&4 Qa 52 280 00 ~SP M40tJrr 2 ` Eiiow G#i Assainn3bty i'c3r SD W20 ~ ~ 1 ~ L>L ~ $1;50a 0U _~. _~ 1 50~ 00 - „ dl DrddPr; $1 2x0 00 $1,200 00 _...__..,....._........~ _. U7 Dldder $ 1,100 .00 .,, __._ .. $1,100 00 i as Drddc~r $1,GJ3 00 31 873 A0. ~_..~~ ._.. _ _ U4 Dldder $1,13'r 00 1 $1 135 00 __ _ v5 Dldder $1,090.00 ..~..w_., 51,090 00 i _.. ... _.........._. Six M4U05 _.w......_......._... 2~1' Casing P##ae, AWWA CJO,ri t)i~25 i~VC' db0 .p.._ ,---... _.... ~~ Lt' x:#50 00 53I .'"i00 00 I 1 ~.._..._. _.._..~ _ al D,d[re. $95 va ~za ~r~ ~~ a.z Dldder $~z a4 $ir3,ooo Oo ~ a~ Drdd~r~ $izG 4a ~ $31,~0o as ~ UR Dldder' 00 $92 Oa 523 000 € U'> Dldder $78 OU 519,500 00 ~ - - ~SP M400S . ___ _. _..._ 12" Rr?use Male ~#nsteil~#I[st7 gniy} AWW _ __ A C 900 C3C3 i 8 PVG -- ~ 440 i L(" $10 a0 5C [320 00 U2 Dtdrlerr $zZ Ga ~ $9 944 00 02 Dldder $74 a0 510,780 QO ~ U3 Dldder ___.. $33.39 'rH 514,691.60 ~~ _.. pd Didder: $2150 ' $9 460 00 05 Bidder $?7 UU $9,680 QO ~ SP M1007 _ _..... 12' RQUSr~ G8#a Valve {instaiia#ten (7nly} _._... _ ~ 7 $.t,1aA 00 31 i 00 t1~? , ~A ~ 02 Didderi $G19 UU I 5819.00 U4 Dldder $GOU.UU ~ $G00.00 ax B[ddr.r ari Dldd[rr~ $290.00 $290,00 ~ U3 Dlddar~ $)aa.00 ~ $700.00 ." $2,0137.50 ~ ~2,08t.5D ` SSP 29U6a 5arf Rept~ir ~Prarrt~ts 7 & 12 gnly} ~ ~1U8 SY ~ ~s Un S2 330 t)0 ~ U2 Brddnr~ $4 7S [ 52 213 50 nx D1ddNr $4 '~0 a2 097 00 , t3.3 Dldder' , _. _..... $4 73 ~ 6+2,204.18 U4 Bldder~ $~t GU ; 52 143 80 a5 Dldder $5 4a 32 330. UO _....... __.... 1 _..... _..._ ..........__ .................. ~atlmato _._.._~e0,~398:~U_.._..~ ....,r..._ ,......., _ .....__ ;09t3idden :........_......._.........__..... __ . ...... 57~,08/,'i0 ', ~02Bidder__ __.._ .._.. _ __....___..._.... . $70,340.00_ ~(73t31ddffr ... _..... ___ $SG,089.fd U4 ~rddor~ 5Gf#,373 3 ~Ua ~Idderi 574,76a U0 € 4/19/2012 07"292-9a - UstiaK hand t2rtd 7"or3 Milo Road lrilerseali~n Rage 8 Pro)ect Narrte ~ ~ ~ ' ~ ~ _ , _ ll~tiCk Rd anti e en Mi{~ Rd Saver ~ ~~ and W~t~r ~ ~ ; ~ ~ ~ CIS Numher __ _ _~;. Ih12U2-US.p1 ~ SoMerlule 2•U stlck ~nrl 'tort Mf(r. Swt~rer gird N,'~tor = #N20~•0£3.01 91t~023 klstiNr fd(l antl't'ort Mfh3 I~ci >ewer ~rrxl Wtttflr x 04014 1 A,1 6" PVC, AYVWA 0900 UR18, Water tvt~in 83 LF ~ $18.00 0402,4,1,A.1 ~~," Gate Valve l ~A $80U.U0 0403,9.1.A.1 ;New l=ire l•lydrant Assembly l ~A $2,8UU.Ufl 0903,4.1,A.1 ~2" Diameter Pressure trrlgaUnrt Pifte, Schoduls 40 PVC 1.ri ~A $,riU.UU 2030.4.1.A,1 20304 0 1 1 lAdJust Manhole to Gradrt ; Ad t V l B t G d 1 LA $4UO.UU . . . Jus a ve nx o ra e 18 CA $1SUA0 _ ~~~_....... SP 25002 ....__.. .w . Ornarnerttal Rnck (f~arcal 12 Only) 10 CY $80.00 SP 29900 Saivaga and Reuse Landscape Rook (Parr:el 1 z gnly) 183 9Y $8.00 SF' PA4001 Ad)ust existing Water Main at New Pipe Crossing 3 , twA $3,ZOU.OU SP M4002 Hat ~`ap irxlsting Water Maln 2 EA ~ $9,500AU SP M4003 --- #`12" F~euse Gate: Valvs 1 EA $21flU.UU 5F' M4004 !2" Binw Off Assommbfy Per SL7 W20 1 ' EA $1,~flU.00 e SF'M9005 .._..........-.-. j24' Casing Pipe AWWA C9U5 Df:2U,PVC _. 2a0 LF 81JO.flU S P M4006 ~12" Reuse Main (Installation Only), AWWA C9UU,DR18,PVC 440 lF $18.OU S P M4007 ;12' Reuse Gate Valve (lnsfallaiton Only) 1 PA $1 100:UU S SP 29085 iSod Repair (Parcels 7 & 12 Only} 488 _.. SY ~ .-.__ . __ . _.. $S.UU ~1,494.OU $3,29U.U0 $800.00 $1.,964.00 $9,8fl0.U0 ~2,100A0 $1,50U.00 $31 GOU UU .-~ T 920.OU _ $1 100 00 2,330.OU $$0,398.08 $80,3x38.00 :312'772012 Page 1 ~i i n iy until t®n a nay 1, 2012 i 6J T c~ ~~s ®~~~c~ ~~~,~~ ~c~ion~ DATE: IE.MSTAFFTOI AGENCY ( APPLICANT I NOTES I INITIALS v ~~ ~~yyj`` ~i ~ Vy Vii' _ _ ~., To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Roxanne Holland, Jacy Jones ®ate: 4/25/12 e: May 1 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 1 City Council Consent Agenda. Approval of Award of Bid and Agreement for "WWTP Sludge Handling Bed Improvements -Construction" to Guho Corp and authorize the Mayor to sign and the Clerk to attest for the Not-To-Exceed Amount of $224,900.00. This award is the result of Formal IFB #PW-12-10049C issued March 9~' and opened March 30~'. Six bids were received. Recommended Council Action: Approval of Award of Bid and Agreement for the Not-To-Exceed amount of the Low Bid of $224,900.00. Thank you for your consideration. ® Page 1 AGIEENI~NT ~C~~ IN~E~ENC~~NT GONTI~ACTOI~ S~I~NICI~~a W1N`TP SLUbGI/ HANDLING ~ IMPRf~V~I'~~NTS PI~t~JECT # IOW«1 ~~i n~49C `HIS AGI~EEIUIEN"C' ~G~ IN13EF'ENC3~1~I`T" CGNTF~AGTGI~ S~I~VIG~S is made this 2~t`" day of April, X012, and entered into by and between the City of Meridian, a rnunicipai corporation organized under the laws of the State afi ldaha, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 8362, and Guha Card., hereinaffer referred to as "CONTRACTOR", whose business address is 391 W. State St.. Suite G, Ea le ID, 8361 ~ and whose Public Works Contractor License # is C1 ~a39_Uv1-3. INT~t{~pUC°TIC}N Whereas, the City has a need for services involving WWTP Sludge Handlin Bed lm rovements; and WHEREAS, the Contractor is specially trained, experienced arld competent to perform ar-Id has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and oanditians hereinafter contained, the parties agree as follows. TEI~IVIS ANQ CdNC~ITIC}NS 1, Scope of Vtlork» 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a cagy ofi which is attached hereto as Attachment °A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.~ Alf documents, drawings and written work product prepared ar produced by the Contractor under this Agreement, including without limitation electronic data files, are the property ofi the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do sa. If any such work is copyrightabfe, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, tl~e City reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publlsh and Use Such work, or any part thereof, and to authorize others to da sa. WWTP Sludge Handling Bed Improvements pegs 1 at 12 Project PW-1 ~•100~igC 1,~ The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions, The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared ar issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express ar implied, as part afi this Agreement. t ,4 Services and work provided by the Contractor at the City's request under this Agreement viii be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree ta. The Schedule of Wark may be revised from time to time upon mutual written consent of the parties. ~. Censideratien 2,1 The Contractor shaft be compensated on aNot-Ta-Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof fior the Not-To-Exceed amount of $2~4,9g0.g0, 2,~ Tha Contractor shaft provide the City with a monthly statement, as the work warrants, of fees earned and casts inaurred far services provided during the billing period, which the City will pay within ~0 days of receipt ofi a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes ar Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement, C~ayment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shelf net be entitled to receive from the City any additional consideration, compensation, salary, wages, ar other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups, Specifically, Contractor shill 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 (eaves of absence of any type or I<ind whatsoever. wwTP Sludge r~~ndring Bed fmpravomants page 2 of 12 ~'roject PW-i 2-i Og4~c ~. 'Term; ~.1 This agreement shall became effective upan executfan by bath parties, and shall expire upan (a} campfetian of the agreed upan wark, ar {b) unless loaner terminated as provided below ar unless same other method ar time of terminatian is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement ar materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.~ Should City fail to pay Gantraatar all ar any part of tl~e compensation set earth in Attachment B o~ this Agreement an the date due, Contractor, at the Cantractar's aptian, may terminate this Agreement if the failure is not remedied by the City within thirty t30} days from the date payment is due. ~.4 TIME FOR EXECUTfNG CONTRACT ANI~ f~1QUlDATFa DAMAGES Upon receipt of a Nance to Proceed, the Gantraatar shall have ~ 50 calendar days to complete the work. as described herein. Cantractar shelf be liable to the City far any delay beyond this time period in the amount of five hundred dalfars ($580.00} per calendar day. Such payment shall be construed to be liquidated damages by the Gantraatar in lieu of any claim or damage because of such delay and net lee construed as a penalty. 4. 'Terrnln~xtic~n: 4, ~ ff, through any cause, CONTRACTQR, its officers, employees, ar agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any retard ar document required to be prepared under this agreement, engages in fraud, dishonesty, ar any ether act of misconduct in the performance of this contract, or if the City Cauncif determines that termfr-atian of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving wrf#ten notice to CONTRACTOR of such terminatian and specifying the effective date thereof at least fifteen (15) days before the affective date of such terminatian. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any terminatian of tI~-is Agreement, all finished ar unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, became its property, and C~}NTRACTOR shelf be entitled to receive just and equitable compensation for any work satisfactorily camplete hereunder, wWTP Sludge Wandling Bed Imprevenienis pegs 3 of 'l2 F~roJect f'W-12-1(3049c 4,2 Notwithstanding the above, CQNTRACTC7R shall not be relieved of liability to the CITY far damages sustained by the CITY by virtue of any breath of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR far the purposes of set~aff until such lime ~s the exact amount of damages due the CITY from GONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY far damages. ~~ lrtdepgir~dent Contractor: 5.1 In all matters pertaining to this agreement, C{~NTRACT(~R shall be acting as an independent contractor, and neither GQNTRACTOR nor any officer, employee ar agent of GflNTRACTOR will bgi degirned an employee of CITY. Except as expressly provided in Attachment A, Cantractar has no authority ar responsibility to exercise any rights ar paver vested in the City and therefore has na authority to bind ar incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the Gf7Y. ,2 Gont'ractar, its agents, officers, and employees are and at all times durincd the term of this Agreement shall represent and conduct themselves as. independent contractors and not as employees of the City. 5.~ Cantractar shall determine the method, details and means of performing the work and services to be provided by Cantractar under this Agreement. Cantractar shall be responsible to City an(y farthe requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be st.rbjected to City's control With respect to the physical action or activities of Contractor in fulfillment of this Agreement, if in the performance of this Agreement any third persons are employed by Cantractar, such persons shall be entirely and exc(usive[y underthe direction and supervision and control of the Contractor, 6. [r-demin[f[oat[or~ aid Insur•ar~ae. ~.`i CONTRACTOR shall indemnify and save and hall harmless CITY Pram and far any and all lasses, claims, aatlons, judgments for damages, ar injury tq parsons ar property and lasses and expenses and other costs including litigation costs and attorney's fees, arising out af, resulting from, or in connection with the performance of this Agreement by the CaNTRACTOR, its servants, agents, officers, employees, guests, and business Invitees, and not caused by ar arising out of the tartiaus conduct of CITY ar its ernplayees. CbNTRACTt~R shall maintain, and s,,,pacificafly a reel that it will maintain throe hoot he term of this A regiment Ilabilit insurance in which the CITY shall be named an additional insured in the WWTP Sludge Handling E3ed improvements page ~ of 12 Project PW-12-10049c minimum amounts as fallow: General Liability Cane Million Dollars {$1,ppp,ppp} per incident or occurrence; Automobile Liability Insurance Cane Million Dollars {~1,ppp,000} per incident ar occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CQNTI~ACTC?R covenants and agrees to indemnify and save and hold harmless CITY from and far all such losses, Claims, actions, arjudgments for damages or injury to persons ar property and other Costs, including litigation casts and attorneys' fees, arising out af, resulting from , or in connection with the performance of this Agreement bythe Contractor ar Contractor's officers, employs, agents, representatives qr subcontractors and resulting in or attributable to personal injury, death, ar damage or destruction to tangible or intangible property, including use af. CaNTI~ACTC}R shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTC7R'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten {1 p} days prior to the date Contractor begins performance of it's obligations underthis Agreement. In'the event the insurance minimums are Changed, CCJNTRACTQR shall immediately submit proof of compliance with the Changed limits. evidence of all insurance shall be submitted to the Gity Purchasing Agent with a aopy to Meridian City AcCOUnting, 33 fast Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-Insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either; the Insurer shall reduce ar eliminate such deductibles, self-insured retentions or named insureds; ar the Contractor shall provide a bond, cash ar letter of credit guaranteeing payment of lasses and related investigations, claim administration and defense expenses. 6.3 Ta fihe extant of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City`s elecfied officers, officials, employees and volunteers. Any insurance ar self- Insurance maintained by the City ar the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's Insurance and shall not Contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made ar suit is braugl~t, except with respect to the limits of the Insurer's liability. 6.5 All insurance aoverages far subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. Ww1"P Sludge Handling iced Improvements page 5 of 12 Project Pw~12-100A9C 6.5 The limits of inst.irance described herein shad not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Sends are required on all Pubiic Works lmpravement Projects per the 1SPtNG and the Gity at Meridian Supplel~tental Specifications & Drawings to the 1SP1NC, which by this reference are made a part hereof. 8. 'Ulrarranty: Contractor must warrant the project per the ISPWG and the Gity of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 9. N~fices: 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, certfiied, return receipt requested, addressed as fellows: cirv City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, 1D 8364 X08-88$-4433 CnNTRACTt?R Guho Gorp. Attn: Nick Guho 39t W. State St., Ste. G eagle, iD 836th Phone; t208)939.885Q Email: Nickguhocorp.com Idaho Pubiic Works t_icense # C-1 ~SG~ 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. ~ ~. 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. 11. Time is of the Essen+~e; The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, candltion and provision hereof, and that the failure to timely perform arty of the WWTP Sludge Handling Bed U~provemonts pogo G of 12 Project PW-1 ~-~ (3t149C obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understac~d by the parties hereto, that CONTRACTOR shad 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. 13, Discrimination Prohibited: In performing the Wark required herein, CONTRACTOR shah not t.mlawfuliy discriminate in violation of any federal, state or loon! law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. ~ 4. Deports grid Information. 14.1 At such times and in such fiorms as the CITY may require, there shad be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters. covered by this Agreement. 14,E Contractor shad maintain ail writings, documents and records prepared or compiled in connection with the performance of this Agreement fior a minimum of flour {4) Years from the termination ar Completion of this or Agreement. This includes any handwriting, Typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any farm of communication or representation including letters, wards, pictures, sounds or symbols or any combinafion thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available fo the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shah permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of ail contracts, invoices, rnaferials, payrolls, records of personnel, conditions of employment and other data relating to ail matters covered by this Agreement. 1 G. Publication, Reproduction and Use of Material: No material produced in whole or in part under this .Agreement shall be sttbject to copyright in the United States or in any other gauntry. The CITY shad have t.lnrestricted authority to publish, dfsolose and otherwise use, in whole or in part, any reports, data ar other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments, WWTP Sludge I-I~ndling tied Im~rovem~nts paa~ 7 of 12 Project PW_7 ~-1 pg4~Jc 18. Ghanges~ The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. St.rch changes, including any increase ar decrease in the amount of CC~7NTRACTbR'S compensation, which are mutually agreed upon by and between the CITY and CC7NTRACTUi~i, shad be incorporated in written amendments which shall be executed with the same formalities as this .Agreement. 19. Constrfactfon and Beverability; 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 sa long as the remainder of the Agreement is reasonably capable of completion, 20. Waiver of Default: Waiver of default by either party to this Agreement steal! not be deemed to be waiver of any subsequent default, Waiver or breach of any provisign of this Agreement shah not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of thfs Agreement unless this Agreement is rraodified as provided above. 27 . Advice of Attorney: Each party warrants and represents that in executing this Agreement. ft his received independent legal advice from its attorney's or the opportunity to seek such advice. 22. ~ntlre Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all ether agreements or understandings, oral of written, whether previous to the execution hereof ar contemporaneous herewith. 23. Urder of Wrecedence: The order or precedence shall be the contract agreemen#, the invitation for Bid document, then the winning bidders submitted bid document. 24. Public l4ecords Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Gantractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis far such exemption. The CITY will not accept the marking of an entire document as exempt. in addition, the CITY will not accept a legend ar statement on one (~) page that all, or substantially all, of the daaument is exempt from disclosure. The Contractor shalt indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's foliate to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. WwTP Sludge Handling Bed Improven~onts gage t3 of 12 Project Pw-12-100490 25. 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. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY ®F MERIDIAN Approved by Council: Attest: i ~~ E OLMAN, CITY CLERK 4 o~ /y' r BY: Nick Guho Dated: 2~ ~~ L GUHO CORP. 1 o~ATn~nUO~sr ~G ~, .c~ ~, p ~+ Cuy of -~L E I IAN. IDAHO r, ,S~tll<., .a .fr ,b~~® f Purchasing Approval BY: KEIT A S, ur asing Manager TITLE:, T -~ Q ~,,YG- '~~N~ DATE: ~2~ z WWTP Sludge Handling Bed Improvements page 9 of 12 Project PW-12-10049C Attacht~ter~C A sco~~ ~~wor~~ ~~` ~'C~ Ii~V'11`A"t'~t~~ ~'~ I~ p~~~ 2~~ 0049E ~.~ ~~1D~#I~~fS, ~`~"A~F~i~~I~T~, ~~ ~X~I~f~'~ °rncluded in the lr~v"nation to did packe~e P'Vily~ ~~~ 00~9C, are by this referehoe made a pert hereof. WW~'~ Sludge H~ndiing Bed impraveinents paga 10 of 12 Prajact PW-12-100~9G Attachment B fU1RESTC~NE / F'AYI~B'N~` SCMEtIULE A. Total and complete compensation far this Agreement sI1a1I not exceed $~~4,9gq.gq. ~~~lt~1NG :~GREL~~1E Contract inc Et.tdes furnishing all labor, material, equipment, a~1d incidentals as required far the WW1"P SLU DGE HANDLING BED IMPROVEMENTS ~ GnNSTRUCTI~N praJect per IFB PW- ~ ~"1 gg49C Base l~ld Schedule .................. .$1~75200.Qq Add Alternate Schedule .................. ..$1 ~17,7Un.~0 CaN"~I~AC~` "t"bTAL ....................r.. $~24,9U~.U{~ ITEM E~~iIG1NG ~E1.C3W 11VILL ~~ USirb FOR CHANGE ORDER PR1GtNG ONLY,. BABE ~l~lGliVG ~~~l~C:}f~LE:: ~ ftem Na. lterrt Deseript`rc~n M ~nlt price .~ 1 ` Demolition and removal of site materials, asphalt $t `f ggq.gq aVlf1 ,concrete, and other rnateriai as~aciafed with , ~. Supplying, placing, grading, compaction, and $~ 5 5gq.gq geatechnical testing far sub-base material. , 3. Installation of concrete pavement. $68,ggq.qq 4. Temporary support, concrete footings, atld $q 7gq,gq permanent support far existing belt conveyor. , ~D„~L`t`i'`.l ~1~~,~ T ~ l~t~l~:;ii~t~, ~:l,li: t~tl~L~' Demolition and removal of site materials, belt ~ . conveyor, mechanical piping, electrical Items, and $5 7gq.gq other material associated With the screw canveyar , installation. I~urnish and jnstallation of the new screw conveyor ~ itlCluding all supports, mechanical piping, electrical ggq.qq $t 17 ItGt11S, Instrunlent~tian, and other materjals necessary , for a fully functional screw canveyar system. WWTI~ Sludge Handling Bed Improvements page 11 of i2 ~'roject f'W-12-1Q4~9C Gredit ~ded~tct} for not providing temfaorary support, 3. concrete footings, and permanent st.tpport for exiting ~$5,Og0.gq~ bolt conveyor. Trauel expenses, if applicable, Witt be paid et no more than the City of itlleridian°~ Trauel and Irxpense Peimbursement Policy. WWTt~ Mudge Handitng fed improvements page 12 of 12 ~'roJect PW-12-10Q49C r°i i -~ ity ~ncil tin IVlay 1, 2012 I 6K T° a ITEM TITLE: Consent Agenda Memorandum of Understanding Regarding Kleiner Memorial Park MEETING NOTES Community Item/Presentations Presenter Contact Info./(Votes CLEI4KS OF'F'ICE FINAL AC770N I DATE: IE-MSTAFD TOI AGENCOY ( APPL CANT I NOTES I INITIALS I ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5 BOISE IDAHO 05109/12 01:52 PM DEPUTY Bonnie Oberbillig IO I ( I~ ~~ II I I ~ ~ it ~ I ~ ~ ~~ ~ ~I RECORDED-REQUEST OF 11~~4'r.~~ Meridian City MEMORANDUM OF UNDERSTANDING BETWEEN THE JULIUS M. KLEINER MEMORIAL PARK TRUST AND THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING ("Agreement") is made and entered into this day of May, 2012, by and between The Julius M. Kleiner Memorial Park Trust, UTA, Dated April 5, 2007 ("Trust") and The City of Meridian, Idaho ("City"), to establish a mutual understanding regarding certain details related to the Julius M. Kleiner Memorial Park ("Park"). WHEREAS, Trust is constructing a developed park on 60 acres that is to be donated to City as a public park ("Project"); and, WHEREAS, Trust intents to convey a complete Project to City and that all construction will be completed before deed conveyance or shortly thereafter; and, WHEREAS, City and Trust desire to establish a mutual understanding regarding issues related to deed conveyance and ongoing obligations. NOW, THEREFORE, the parties hereby agree as follows: 1. Well Relocation. After the recording of the Gift Deed, Trust shall continue to be responsible for its obligations under the Well Sharing, Water Supply and Easement Agreement dated July 31, 2008 and recorded as Ada County Instrument Number 108087272 (the "Well Sharing Agreement"). If the well identified in the Well Sharing Agreement has not been relocated within five (5) years from the date of the recording of the Gift Deed, then Trust and City shall enter into an addendum to this Agreement whereby the Trust's obligations under the Well Sharing Agreement shall be transferred to City, and the Trust shall transfer to the City MEMORANDUM OF UNDERSTANDING - 1 42340.0004.4943292.4 sufficient funds to fulfill the Trust's obligations under the Well Sharing Agreement, not to exceed Thirty Thousand Dollars ($30,000). 2. Roadway Cost Reimbursement. After the recording of the Gift Deed, Trust shall continue to be financially responsible to Meridian Centercal, L.L.C. ("Centercal") for the Trust's reimbursement obligation for its share of the construction of Records Road and related improvements, as set forth in the Purchase and Sale Agreement and Joint Escrow Instructions between the Trust and Centercal dated June 30, 2008. 3. Gift Deed. City and Trust have agreed on the form and content of the Gift Deed, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. At such time that the Gift Deed is presented to City by Trust, the City Council hereby authorizes the Mayor to sign, and the City Clerk to attest said deed and any other escrow or closing documents not inconsistent with the provisions of this Agreement. 4. Escrow and Taxes. City has chosen to utilize the services of an Escrow Agent to assist the parties in determining the amount of pro-rated property taxes at the time the Park is transferred and to carry out instructions related to the recording of the Gift Deed. Trust agrees to be responsible for payment of its share of pro-rated property taxes prior to recording of the Gift Deed. If the Gift Deed is recorded before the taxes for 2012 are set, the apportionment of the real property taxes for 2012 shall be based upon the taxes for 2011. When the taxes for 2012 are set, City and Trust agree to adjust the proration of the 2012 taxes and, if necessary, to refund or pay such. sums as necessary to effect such adjustment as of the date of recording of the Gift Deed. City agrees to pay for the services of the Escrow Agent and any related recordings fees. The designated Escrow Agent shall be Erin Dixon at First American Title. Trust and City shall MEMORANDUM OF UNDERSTANDING - 2 42340.0004.4943292.4 each submit escrow instructions which shall include a provision instructing the Escrow Agent to record the executed Gift Deed in the land records of Ada County at such time as City and Trust agree. 5. Water Rights. City and Trust acknowledge that Trust has submitted to the Idaho Department of Water Resources ("IDWR") on or about Apri14, 2012 a Notice of Change in Water Right Ownership pertaining to State of Idaho Water Right No. 63-33613. Trust agrees to cooperate with IDWR as reasonably necessary to obtain approval from IDWR to the requested change. In the event IDWR approves the requested change, Trust shall cooperate with City in its Notice of Change in Water Right Ownership .for Water Right No. 63-33613 to be prepared and submitted by City after the Gift Deed has been recorded. 6. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 7. Time is of the essence with respect to the obligations to be performed under this Agreement, and said obligations shall be ongoing and survive the recording of the Gift Deed. 8. Except as expressly provided in this Agreement, and to the extent permitted by law, any remedies described in this Agreement are cumulative and not alternative to any other remedies available at law or in equity. 9. The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this Agreement shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect MEMORANDUM OF UNDERSTANDING - 3 42340.0004.49437.92 4 any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. 10. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. [SIGNATURES TO FOLLOW ONNEXT PAGE] MEMORANDUM OF UNDERSTANDING - 4 a~~an nnna doaz~o~ n IN WITNESS WHEREOF, the parties do execute this Agreement the day and year first above written. ATTEST: THE JULIUS M. KLEINER MEMORIAL PARK TRUST, UTA, DATED APRIL 5, 2007 B ~ d~'J' V~`.C ~ l ` ' ~~; ~ Michael E. Huter, Co-Trustee By: , Elden E. Gray, Co-Trustee CITY OF MERIDIAN, IDAHO By: Tammy de r ,Mayor ~~o~o~pzaD nUCpSTr j9~ ~, Q ~ Gty of ~.%Vl E IDR IDAHO 9~ ~ r'~ ~a . v~~~ Jaycee olman, City Clerk 6q ~~ ~, ~ rat ~s°a`~ MEMORANDUM OF UNDERSTANDING - 5 42340.0004.494329 4 ri i n iy unil tin a May 1, 2012 I`T 6L °f ITEM TITLE: Consent Agenda Approval of 2012-2013 Renewal of Reer License for Vina Restaurant Located at 15347 Main Street, Meridian Idaho MEETING N®TES ~~ ~p~iV?-P~ Community Item/Presentations Presenter Contact Info./Notes CLERKS ®FFICE FIIV~4L ~4C77®-V ( DATE: I E_~STA D TOI AGENC® I APPLICANT I NOTES I INITIALS I ~i i n ity until ti T IVlay 1, 2012 I 7 c~~~~s ®~~~~ ~~n-AL ,~cr-on- DATE: IEvMSTAFF TOI AGENCY I APPL CAP1T I PIOTES I INITIALS ~i i n ity nil tin May 1, 2012 I $A : M A 1 ®001 ITEM TITLE: Sgroi Property by Nunzio Sgroi Requesf for Reconsideration of City Council's Decision on MDA 12-001 Sgroi Property by Nunzio Sgroi Located at 4405 . Ustick Road Requesf: Amend the Development Agreemenf to Modify the Conceptual Development Plan to Allow 14Single-Family Homes and Two (2) Townhomes on 2.~1 Acres of Land in an R-~ Zoning District I DATE: IE-MSTAFD TO) AGENCY APPLICANT I NOTES I INITIALS I -°i i n iy u sl ®n : May 1, 2012 I l! $ : T 1®008 ITEM TITLE: E3rowning Plaza Public Hearing: TEC 12-00~ gowning Plaza by SLN Planning/poise Waltman, LLC Located at 505, 521, 615 and 675 W. Waltman Lane Request: Two (2) Year Time Extension on the Preliminary Plat to ®btain the City Engineer's Signature on a Final Plat IIAEETING N®TES ~lr r~ Irv-ems Community Item/Presentations Presenter Contact Info./Notes CL.I4KS OFFICE FINAL ACT70N DATE: IE_~STAFF T°I AGENC® I APPL CANT ( NOTES I INITIALS ~®i r- icy uni9 a ti T May1,2012 I ~ DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT ri i n iy unil tin Mav 1, 2012 I : $ cL~~~cs ®~~~c~ ~~N~~ ,~cr~®n- ( DATE: IE_MSTAFF TO) AGENC® I APPLICANT I NOTES I INITIALS I CITY OF MERIDIAN ORDINANCE NO. ~ - \j~ ~- BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(5)(c), RELATING TO TIME LIMITATIONS FOR TEMPORARY SALES UNITS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(7)(E), RELATING TO NUMBER OF SIGNS FOR OUTDOOR MARKETS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(8)(b)(1), RELATING TO FREQUENCY OF GARAGE SALES; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(9), RELATING TO LITTER AT CONSTRUCTION SITES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, 08-1356, 09- 1430, 10-1453, and 10-1464, the City Council of the City of Meridian has instituted a procedure by which outdoor sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses; WHEREAS, the permitting procedure and standards have been found to encourage outdoor sales and temporary uses that complement permanent City of Meridian businesses; that are safe, attractive, and desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that support and facilitate community events and celebrations; WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are intended to improve and refine the processes and standards established therein, specifically, to length the allowed time period for temporary sales units and to clarify the provisions establishing the allowed frequency of garage sales; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 3-4-3(C)(5)(c) is hereby amended to read as follows: 5. Standards For Temporary Sales Units: *~~ c. For temporary sales units that stay on the site for the full duration of the use, such uses shall be limited to a period of time not to exceed si~y-{~A~ ninet 90 days, whether such days are consecutive or not, per property per calendar year. The location of a temporary sales unit on a site for any portion of a day shall constitute one day for purposes of this subsection. MAY 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 1 OF 5 Section 2. That Meridian City Code section 3-4-3(C)(7)(e) is hereby amended to read as follows: 7. Standards For Outdoor Markets: *** e. The following provisions shall apply to any and all temporary signs related to an outdoor market: (1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign or temporary signs where the quantity or dimensions thereof exceed the limitations set forth in this subsection. No more than +'.'° ten 10 temporary signs with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an outdoor market. No more than four (4) temporary signs with an area not to exceed thirty two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an outdoor market. (2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to an outdoor market upon any property without the permission of the owner of such property. (3) Any and all temporary signs identifying, promoting, advertising, or directing patrons to an outdoor market shall be removed within t3~ ~~'~ six 6 hours of the close of such outdoor market. Section 3. That Meridian City Code section 3-4-3(C)(8)(b)(1) is hereby amended to read as follows: 8. Standards For Garage, Yard And Similar Sales: *~~ b. It shall be unlawful for any person to conduct a garage sale at any one address: (1) At which four (4) or more garage sales have been conducted by any person within the a' +~,,.°°'~••H''r°a °'°+_' ~" ° ~~~" ''" .current ~~ ~~ ~~'~ calendar year. (2) At which a garage sale has been conducted by any person within the previous thirty (30) days. MAY 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 2 OF 5 (3) For longer than three (3) consecutive days. (4) Between the hours often o'clock (10:00) p.m. and six o'clock (6:00) a.m. Section 4. That Meridian City Code section 3-4-3(C)(9) is hereby amended to read as follows: 9. Standards For Temporary Construction Sites: a.Temporary construction site property owners shall comply with all provisions and standards of this chapter and any and all applicable provisions of law, except that a city of Meridian temporary use permit shall not be required, and the provisions of subsections B1 through B6 of this section shall not apply. b. It shall be unlawful for any person to operate a temporary construction site on a property at which there is no approved and valid plat, certificate of zoning compliance, and/or building permit. All temporary construction sites shall be consistent with such approved plat, certificate of zoning compliance, and/or building permit. c: It shall be unlawful for any person to conduct processing or other industrial activities on a temporary construction site unless such activities are directly associated with a valid plat, certificate of zoning compliance, and/or building permit. d. It shall be unlawful for any person to store materials and/or equipment on a temporary construction site that are not directly associated with a valid plat, certificate of zoning compliance, and/or building permit. e. It shall be unlawful for any person to place construction management trailers on a temporary construction site unless such trailers are needed to supervise the temporary construction site on a regular basis. f. It shall be unlawful for any person to operate a temporary construction site in any manner which creates a hazard to public health or safety. g. It shall be unlawful for andperson to store construction materials or equipment in or upon a public right-of-wa~pt as specifically allowed by license or permit issued by the right-of--way agency. h. Discarded materials, rubbish, and ag rbage generated at or carried onto a temporary construction site shall be enclosed in a container meeting the requirements of Title 4, Chapter 1, Meridian City Code. g:i. Temporary construction site property owners shall incorporate all extracted materials into the site design and/or development of the property and/or adjoining MAY 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3 OF 5 properties. Where such materials are not or cannot be incorporated into the design and/or development, the use shall be deemed a construction sand and gravel mining operation and shall comply with title 11 of this code. ~~ Persons operating a temporary construction site shall accomplish such activity in a time frame appropriate to the size and/or area of the development as determined by the planning director. Where such activity is not accomplished in an appropriate time frame, the use shall be deemed a construction sand and gravel mining operation and shall comply with title 11 of this code. g:k. The provisions of section 11-3D-7 of this code shall apply to any and all signs on the temporary construction site. Section 5. That this ordinance shall be effective immediately upon its passage and publication. ~~ PASSED by the City Council of the City of Meridian, Idaho, this / day of 2012. b~ APPROVED by the Mayor of the City of Meridian, Idaho, this / day of ,-2012. APPROVED: Tammy ATTEST: ~ , `044.. -`~~!\ ~ ow ~ p ~+ Ciry of J ~<~ _ -l ~_ L_.._ _ C~VI E~DIAN~ ~~ ~~ Jaycee H 1 an °'~~, SEAL ~~ City Clerk "''FP ~.°° °~rer TxF~~°~ MAY 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 4 OF 5 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 12-15 0 (~ AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(5)(c), RELATING TO TIME LIMITATIONS FOR TEMPORARY SALES UNITS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(7)(E), RELATING TO NUMBER OF SIGNS FOR OUTDOOR MARKETS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(8)(b)(1), RELATING TO FREQUENCY OF GARAGE SALES; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(9), RELATING TO LITTER AT CONSTRUCTION SITES; AND PROVIDING AN EFFECTIVE DATE. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its and M~yo~nd City Council By: Jaycee Holman, City Clerk nucvsr 1, j9 w / Y lY.(DAHO ~~}~ V r`Ar6~ ~f I-e'5~6~'6~,i First Reading: ~ p r~ l Z ~l . 'Z V l Z Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO~ Second Reading: 1.-(0,,~ 1 , ~ o~ a Third Reading: ~,~ ~ ,~~ ~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 12- ~~_ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 12- l 501n of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). ' DATED this `'( day of ~ , 2012. 1- ~~ William. L.M. Nary, City Attorney MAY 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 5 OF 5 ~i i n ity until tin T' :May 1, 2012 6 : 9A J T ITEM TITLE: Department Reports Planning Department: Discussion of Annexation of Property Located at 4018 VII. Ustick Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE-MSTAFF TOI AGENC® I APPL CANT I NOTES I INITIALS ~~ I ~, ~ e Mayor Tammy de Weerd City Council Members: Keith Bird Brad Noaglun Charles Rountree David Zaremba Apri124, 2012 MEMORA101DUM TO: FROM CC: RE: Mayor & City Council Pete Friedman, Interim Planning Director '°~ Bill Nary City Clerk Annexation & Zoning of Property Located at 4018 W. Usticlc Road The owner of the above-referenced property, Jean Johnson, is currently operating aself- service storage facility for recreational vehicles on her property. The property is zoned RUT in Ada County which does not allow for this type of use. The property lies within the City of Meridian's Area of City Impact and is designated on the future land use map as Mixed Use - Non Residential. Because of code enforcement action through Ada County, Ms. Johnson is attempting to remedy the use violation on her property by rezoning the property in the County. In accordance with the Title 9 agreement between Ada County and the City of Meridian (Ada County Code 9-4-4), the county may only consider such an application when annexation is not approved by the city or where the parcel is not contiguous to the city of Meridian. Due to unavailability of sewer service to this property and lack of a conceptual development plan, staff does not feel it is in the City's best interest to annex the property at this time and recommends the rezone take place through the county. Additionally, it does not seem reasonable to require Ms. Johnson to pay the application fees to the City for an application we will recommend denial on: I have scheduled this topic for discussion by the Council on May 1, 2012. In order to process a request for rezone on the property, the county requests a letter from the elected officials of the city stating their intent is not to annex the property and I am seeking your approval to prepare a letter for signature by the Mayor or Council President. Community Development Department 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 ®www.meridiancity.org --, . k..: ~~Ya ~• Yr°~ f }_ / 1 `~ ~ 1 '' ~~`. 1 ~h°~ ' V ~~i ~.~~ -, ~, ~ '~~, _.~, i ~', ~~~ ~" I h ~ ~'~ y~I i ~ ~~ :_i ~~ v 1r~ L~ ~~ ~~ ~ ry 1 l 7 } %^ ~ ,~~7 r~~ r ti`s- is ~ '7,~ ~ ~ 7~a '~, ~, `~ ~ , •~ JJ ~ '`~I .t '~~~~ f i ~ ~ _ ~ I I ~[~ ,~ ~~T`~~1' ~ ;; ~~~ ~ i ~-4L~,7:~~~~ r -- -_ i ;~ ~ ~ 9i~ ~"~' ~ ~ r, ~ ~~, F i ~.~~~ I t ~ i ~-: ~~ iI ~~. ~ ~ _ ~~. ~~ c _ - ~ ~ _. __ ~ {: :~ LLJ ...~ ~ . ,j i. '`.- '~ 1. 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MAINTENANCE FACILITY o °?~~~?° ~ ~ ~ ~'F~ ~ ~,.~Eg a., o W ~ e ~ g x ~ EAST LANARK STREET z . , ail, ~• u®® ahunp®+ Dena i urtmen ~ MERIDIAN, IDAHO ~T. ~~^'Y e PRELIA4INARYSITELAYOUT ! ~.4 ~gy°°b i'~''1° ~°•~10~ ~~~ ~i i ity until tin : May 1, 2012 I 9 T ITEM TITLE: Department Reports CLERKS OFFICE Fl~l,4L AC7"10~1 I DATE: IE-MSTAFF TOI AGENCY I APPLICANT I NOTES I INITIALS I . i -®-, . ~ l ~ Ta: Mayor Tammy de Weerd Council Member Brad Hoaglun Council Member Keith Bird Council Member Charlie Rountree Council Member David Zaremba From: Stacy Kilchenmann, Financial Director ~`~ Date: April 18, 2012 Cc: Steve Siddoway, MPR Director Todd Lavoie, Accounting Manager Re: Funding the Parks Maintenance Facility Mayor Tammy de Weerd City Council Members: Keith Rird Brad Hoaglun Charles Rountree David Zaremba Overview The purpose of this memo is to explore ways to fund the Parks Maintenance Facility. There is a difference between the amount budgeted for the Parks Maintenance Facility construction of $1.5 million and the estimated cost of construction of $2.6 million of the $1.1 million. in the FY2013 CIP, there is also an additional amount for the Maintenance Shap of $450,000. This means the project is underfunded by $650,000, if it were to be constructed during FY2013, and $1.1 million dollars, if the construction starts during FY2012. The goal is to leave the CIP as it is now, fairly "intact." The most viable alternative revolves around relocating the Park's Recreation Field House in the CIP budget. Currently there is already an amount of $500,000 for the Field House in the budget with plans in the CIP to request $600,000 in FY2013 and $1.5 million in FY2014. in addition, the Parks & Recreation Department has an available $50,000 budget savings in the 8th Street Park fund, which was created when a CDBG grant paid for the pathway improvement project. FY2012-Current Budget ® Maintenance Shop - $1.5 million ® Field House • $500,000 ® 8~' Street Park - $50,000 FY2013--CIP ® Maintenance Shop - $450,000 ® Field House - $600,000 Recommendation-The $600,000 that is in the CIP far FY2013 is removed from the CIP. The $450,000 for the Maintenance Shop, of course, is also removed. Transfer $50,000 from the FY2012 budget from 8th Street Park to the Parks Maintenance Facility. This is a desirable alternative because design work on the Field House can be completed before any more amounts are actually budgeted for it. Completing the design woitc now will be a big boon, as far as planning future year CIPs and being able to best determine where the Field House fits in. it also keeps the budget impacts to projects within the Parks & Recreation Department, without impacting other departments' CIP requests. S r L e / y ~./ a U ~ •® a V '{~. i ~® _® ® ~ o W T ..Ir a w N V ' ~ Q bA c ~ N u c W ~„ ~ ~, m = so ~ V! 'O fp U ~ Y t1A ~ LL ~ QJ d y ~ U- ~ ~ LL ~ N ~ ~-1 ~ C e-I QCj C N Ij H N 'O ~+i NCa ~_ ~, ~c'So'~ Vi%~ .... a V m~ ~ .... '_ ,_ _ I O ~` ~ ~ O ~ ~ ~ 'V} ` h ~(~~~ 4~rei~enb~Ck COn~truct®i°~ :~. Project Cast spreadsheet City of Meridian Parks ~ Rec. (Phased Project ®ptions) Meridian, Idaho April 18, 2012 :l(11~l; f;('): !.`, ~';ilfiltiii:~ ~1i~~~ior~ 1 C:osiipleft= c~itc?, ~~Ii1Cr~/+ii~>I), 1~1'I_IC:It /~I~i'all('rl1~:C_I, C;ct1Cl ~Ct:rP~1(iC', ~~f)1'~ICIC' (~ c)pfic~n 2 ta~lili)Ic~re ,?,iS:e, t~iiC(?/~~i1S~1), EzilCl ~h!'UGI(~I~P;IiGI' f\~~,t'3 C~i?iat~ll ,~ C:0111i>>itat? `ii10 2llfi ~~l`YIUf;]~+ilOiS ~ntal Soft Cost Cstimate ~ 238,943.00 ~ 238,943.00 $ ?3x,943.00 $.;t.~il:_)i:Pt1':'iat~il i-:.a~iftif:l'i:(? 1 Site Work - Park & Rec site oni $ 671,782.00 $ 671,782.00 $ 671,782.00 2 Office/Sho Building - Base ro ect $ 1,004,298.00 $ 1,004,298.00 $ 1,004,298.00 3 Truck /Trailer Storage A&B $ 234,580.00 $ 234,580.00 4 Coid Stora a Facilit $ 198,947.00 5 Truck /Trailer Stora e C $ 125,000.00 6 Construction Contingency $ 126,450.00 $ 150,397.00 $ 134,977.00 Total Estimated Construction Cost $ 2,361,057.00 $ 2,061,057.00 $ 1,811,067.00 Total Pro ect Estimate $ 2,600,000,00 $ 2 300 000.00 $ 2,050 000.00 ri i n ity ur-il ti a May ~, 20~ 2 i 9 Community Item/Presentations Presenter Contact Info./Plotes CLEI4KS ®FFIC FIN~4L ~4C77®IV I DATE: (E_~STAFFTOI AGENCY I APPLICANT I NOTES I INITIALS I C`7 CO C.7 tt1 ~ W ~.„,.ro„.s.~~ . ~ ~ .~ ~ ~~ A~~ N ill ~ ~ ro p ~ d o ~ ~ ~ ~' ' fp C ~ t ii N ~ ( w ro ~ • ~ ' - . 7J N~ (~ ~ ~ " ~ ~ ~ ~ N: ~ ~ ~ '3' ~ ~° P ~ ~ ~ N ~ ~ ~~ ro ~ t/3 ' t~ y1 ~ K1. 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(7 ? ~ w~~ ~ ~ ~~ ' ~ ~ `~ .. , ~ n~i C7 , ~ \ ~ ~ ~ .o ~ ~ ]~ ^, 7 n ~ ~ ~ ~ ~ ~ ~ ~ g~~ ti / " O t~ v 0 ~ ~ °~ ' FJ t~ N C~ tV C7 1V C5 -a is? ,.~. h9 .a W a N ~ ~ O Il 1 ~ tJ tTl 1V GJ N N 1V ~ L7 ~ ~ Cy 4 -°~ A 4 ~ ~ ~ ~ ~ r^h m rn ~ m ~`?i ~~ O ~ ~ ~ ~ r' ~ ® '9 ~ c7 ~ _. -h o ~ ~ w a~ ~ (~j ~° ~ O ~ ° ro ~ N ~ _ p : ~ ~ - ~ ~ ~ ~ n = °rr ~ ~ ~ ~ ~ ~ ro ~ ~ x ~ ~ za; 0 ~n c m o ~ v~ ~ _ +~ ~ •~ ~ ~ ~ d i i i i ~ ~ N ~ ~ » 'r1 -^i ~ p (~ Z (~ ~ ~ t s C7 'CJ `"'' ~ ~ ~ ~ ~ ~ CC">~Q ~C~r ~ z rr~ ~ ~ ~Q~z r, ~>r -~r 3> C7 °I U~ ~ ~`^ ~ rn rn ~. ~ r- ~__ r-- ~ ~ ~ ro ~ ~ `~ ~ ~ ~ ~ . c~ ~' ~ ` ~ a~ ~ :-t ,. n C1 ~ m ~ h < `~._~ ~~ ~ ~.~ ~ , fD CD _ (D ~~ tD u~ ~ ~ ~ ~ ~ yy ~ t7 O ~ O ~ C} ~ .~ C:.1 ~ " O C] { N~. ~"~ i ®~ G3 0 Cll m o n ~, ro -~`i' ~ ~ ~ ~ ~ phi rr C7 -~ d ri - n itj/ nil i Mav 1, 2012 I°T a 9 DATE: IE.MSTAFF TOI AGENC® ( APPLICANT I NOTES I INITIALS W ® i n t9 M ~ ~ p1 ~ Q ~ ~ F ~~~ u { ~ •c ~z ~~~~c d~~R ~ o r S ~, ~ 'O C ~ ~ O ~ ~ ~ '~. c O. ~ ~ ~ ~ C p ~ C ~ 1 n ~ K ~ II. C ~ ~ ~_ 'O ~ ~ ~ ~ ~, ~ ~ c c ~ ~ ~ a -~ m n, w O ro ~ ® ~ O rr 1 ~' ~ ~ ~ ~~/+ O p ~ ? ~' ~ ro o a c. ~ ~ ~~ ai c mmi Q- ~~ ~ ~. c~ ~ c: ~ a° ~ ~. ~ ~. M (p O d 2 a c 0. (D ~''`~ ~ ~, o ro ~ a ~~ o ° ~ N ~ ~ n Q^ N ~ O ~^~„ f! O Q mom. O ,~ ~1 3 ='~ cD ~ n ~ n ~. c N .-r C7 C a. (A (D G r~. v a v co x '~ cn r:. (D Q N N n LS' c~ ~- v (~ ~ ~ ~ ~ (3- ~• a ~« c~~a ~ ~~ o c n ~ 'J ~ CD 3 to (~ tD /~ 1 O C (D ro n. 0 c~ .~ G (D r- ~fl.. c:. O a ~' cn 0 c c~ m N O I'1'1 3 c~ ca G Z W C m 0 o 0 9 ~ ~~ o ~ o ~ ~ Q ~ O O ~ ~ tt] C ~ ~ 7- ~_ ~ j OT Ntv ~ n mNm mm \V ~, lV ~ O ~ ~ CD ;-r Q t~`n Efl G N Ut ,~ti, O O ®-n ~ ~ ~ ~. ~ m -o °" ro ro ~ S ~ ~ N N L ~" ~i~`~ r-,j P i v Q ~ ~ N ~ O a ~~ r o ~ ` Q m r. ~~ n a ~ w ,~ ~ ~ ~ ~, W ~ ~ ~ t'7 Q tD ~ O. LZ ~~ a° m ~ ~3 ~ ro ~ m n ~ w ~ ~o w ~ c ~ _Q N ~ O (~ ~ ~ ~~ o ~ a ~ 0 ~ Lit ~ N' ~' ~ N ~ ~ n < < 7 n ~ O _ Q f. cn m n o o N ~ C 0 N v c~u n z Z o ~, a O O (j1 ~ ~ C ca ~ ~ a- ~ ~ ~ ID m ~ L7 ~ ° ~ o _ co x' c ~ ~. 0 0 ~^ c o a 'rl ~ ~ o 3 ao ~ o c ~ °- cQ w ~ 91 D w h O G) r'" ~ ~{ ® ®{ r D ~ o j o a ~ o N ~- ~ O ~ rt a,, o z O w °~ `~ p ~ ii1 ~ ~ ~ ~ L: ~ O~ ~ ~ c~ ~ Q. z ~ ..~' -, ® O ~ ~ O c~'a <l> ~ ~ ~ r --i ~ r A o r O ~~ ~ ~ cr, 0 O N "t ~ d O 5 n ~ ~ -= a ~ ~ a m n O., y_ `s" o ~ ~ ~ ~ a n -a ~ o C7 c m ~ ~ ~ ~ ~ ro ~ (D ~. 0 m O a c~i x 0 L (D Q. CL] tD C 41 .a O G Sll ~ ~ CD N ~ ~ 4~ n. .~4- 3 0. m ~ ~.. ~, m m a D m o.. m ~. n 0 in ca' v c m 0 n 0 r w 0 0 m O G pf '-{ ° O ~ o r 'vr ® 'p A °o a W ~ ~ c7 o ~ ~ ~ a ~ ~ cn !/1 c O -o co rn ~ - 0 ~ ~ ~: O O ~ O O 0 -C x C7 (P 41 n !D O b m 0 n 0 c C) D a 2S O N N 0 O "~ r ~ f11 ~ ~ z A N O N cn ~ N O N w A N O N N .A N O N .-a A -a W O ~ A -i N .~ O ~P -, W 0 .-, A -~ N 0 o ~ N 3 ~ ~ ~ o ~; (~cDi n ~~ ~ ~ ~ m rn ~ -n -n c o ~ ~ o ~ r 3 o rn ;U n ~ ~; O ~ iu m o y ~ ® O ~ ~ a; U~pi N ~ ~ ~ c~DU ~ D fD -n ~ ~ ~ O ~ ~ = C O -+~ ..~ n m "fl ro' K ~ ~ ~ ~ -' a ro ~ ~ t~ En ~n Fn ~ 0 ~ $ o o i ~ ~ ~ ~ ~ ~ N Q O ~ ~ C h ~. ~ r_ ~ '-r o O ~ m 0 ~ m ~P ~ ~ y ~ r 1 '--1 ~ V t1J A= !; ) cci~~ ~~ r ~ ~ m ~ ~ z c ~':; ~~" ---3 rz~ n D C~ -1 ~ ~" in 3. m z ~ ~ r rn n _n N A lD C7 ro 0 ti 4} m m Z 0 W n O --1 ~ m A ~a Z ~' v~ m Z -i "71 n -~ ro '~ O m -i ® `T'I ~ N d n w 3 ~ a ~ `~, ~-w -s t,, N O ~ -p ..a O N a o ~j ~. m io ~ ~ m c~v cep ~' ~ ~ ~ ~ n ^ ^ ~.. ® `0 Z Z Z m o O O ^ o ^ z O ~i i n ity un-1 tin T :May 1, 2012 I 9 a ITEM TITLE: ®epartment Reports Police ®epartment: budget Amendment for Ada City-County Emergency Management (ACCEM) Funding for Volunteer Computer Equipment for aNot-to-Exceed Amount of $3,635.00 I DATE: IE-MSTA D TOI AGENC® I APPLICANT ( NOTES ( INITIALS I ~ W ®C __...........__. r> ~ W ~ s N o ~ ~ ~ W ~' ~ a ~. rt. . '.~ .~ f O .~ ,~ 1«y~ 'yam ~yry ~ ~ ~ ro v I ~ O j io fD a ~ ~ ~ t7~ ~ 3 ~ t'D ® ~ ' Vroi ~ ~ ~ tT1 ~ o ~ ~ ~ -n ~ ~ ~ ~ ~ ~ '' O ~ m C o ~ (~ "T1 C ~ ~ n C O Cf ~ ~ {`~ ~" a v fp n ~ ~ O CL~ ~ C~7 tC3 tD X' ~ ~ ~ ~ ® ~ ~ ~ ~ ~ `G ~7 O ~ ~ I ~ t~D '~ ~ ~ tD ~ ~ o` Q °~ ~ C o ~ I C9 ~ ~ C ' yC ~ ~ m KC CO r-e. CAD (!~ ~ 3 C ~ ~ ~ ~ ; ~ m ~ ~ ~ ro ro ~ N s~ ~ ~ ~ ~, CU 4U ~ ~° ..r N ~ I ~' p [ tS~ '~ C g ro ~ ~ 3 C ~ O ~ ~ - ~' O fD O .~-~ ~ C -s ~' t~CD C~7 ~ Cp ~ i '"' Cy ~ ~ '~' v O ~ W ~ {ay C1 C' .-w ~ ~y ~ i ~ ~ ~ nl {S7 ~Yl rt ;`" L1, m ~ '~ a i7. q .-. q v j ~ .a ~ C ~ ~ ~ C (C tQ '~' ~ ~ ~ ~ ~ fD C7 _.. ~.' L1 " i N '~ CD 'C3 ~ ~ ~ ~ `G ~ ~ ~ n ~ ~ C ~ ' (D ~<` ~~" `. 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Q ro O ~ ~ ci ~ ; cr ~ ~ h Cpl ~ ro ~ ~ ~ `< m ~ ~ ~ v1 o C7 i t p ~ fl' :~.- ~' 3 ~ c m ~ z• ~ ~ ~ ~ `~' ° m s ~ ~." ~ ~ c ~ m ~ g ~ c~ ~ - C7 ~ x _ . ~ c n a' m ~ ~ ~ ,~ o ~ ~ r.. .r ~'} : ~ = cs `~ ~ cU ~p [7. ~ ~ ~ iu ~ ^ + ~ ~, i2 Q. q~j h ."~ m ~ °~ ~ A C7 c ~ m ~ Is 0 p. ~ c ,-~-~• ~ uy c ~ ~ ~l ro ~ X. a ~ ~ b C'i Q y <p' R' 3 D 0 ~ C ?t ~ r; m w ~ CI? at ( a ( n~ p ti ~ r " D ~ "' flj ~ " N C3 ~ m D O ~ ~ ~ p m W ~ ~~ nai C7 ~ ~ C ~ ~ n ~ O TI ~ ff) D ~ ~ _ ro o ~ ~ a ~ O O c ~ ~ '~ < O ~. ~~ a ~v ~M ~: ~-- ~ _ _... . ~ a ~y 3 ~ tD ~ r* N Cn N ~ py 111 + j{ O -t x ZS a d C ?..~ ~ ~ \~ "g>., -~ ~ ~ C1l ~ (/) ~ N O N U5 ~ N ~ N W ~ N C~ N N ~ N C N a ~ ®s to t~ .p. ~ -, N .a O ~ -* W b a ~ 'a N 0 ~ ~ ~ ~ ~ n ~ ~yP Cn .. ~ h ~ CS ~ ~+~ ~ ~ m m P° p rn ~ ,~ O ~ -o ~ ~ -n (~ ~ ~ ~ b Q ~ ~ ~ ~ ro ~ fl> ~ ro ~ gy° ~ ; i U ~ ~ ~ ~ ~ m ~j ~ y O rn !p ~ ~ -e a C ~ ( ' 37 ~ C ~ ~ ' ~ ~ ~ ~ CD =z ~ ~ Z3 tYi '° O ~ 0 ~ fl, ~~ a~q ® v t I 1 I I ~ (b W ~ ~ ~ --I C7 Cl ~. °~ 1. / m~ 111 © ~ ~ ~ m .~' !~! r:M '~ \J ~- C~Q i'i1rU::~~ C C7 r-- .,,~ ~Odm :r t7 r-~ ~)7~ r'3'~ ~ < v> ~ ~ ~ r r u~ _...~ r o z C~ m ~f~ ~~ ~~ ~. '~ ~ r- o , - cn c o '~ ~ t7 ~ ~ ~. a. .: a C7 O ~ ~° D (~ ~ ~, ~' ~ v ~ ~ ~ ~ ~ p (11 O ;~ ~~ t ~_ ~ ~ .. ~ ~~ ~ q\ L./ ~ ~ '. ~, ~' { ,' . c~U Vi ro (~ ~ tl CD U7 ~ tp ~°~~,fn~'° _" T A ~ +~-pq N ~ C? . Z O ~ O Z O ~ ,,~ ~_~ ..;= w~ ~ -ry U9 ~ ~ -G ~ ~ N O "p ~. m ~~ i ity unit tin Human Resources ®epartment: Eudget Amendment for FY2012 Funding of the Youth- UVork-Life Skills Program for the Not-to-Exceed Amount of $22,200.00 MEETING N®TES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FIAlAL ,4CTlON ( DATE: IE-MSTAFD TOI AGENCOY ( APPL CANT ( NOTES I INITIALS I ra ~ tG ~ a N ~ I e ~' ~ o o LT a' ~ ~ / ~ 1 ~ ~ ~ ~ n. ~ (p I ~~~~ Mill ~°", a -Cg ~ ~ fD ~ O ~ ~ ~ 7 ~ ~ ~ ~M j M 4 ~ ~ ~ ~ ~ ~~ fD O G. N ~+' ~ ~ "O n. ~ C7 Q. ~ Ey'. J W N f. ,~ tivd ro ~' ~ ~ ~ t~ to i]. 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I ~ ~ a rt. ~ ~ ~ ~ ~ ~ ~ rv rr ~p :; , ti, ~ __ I ~ ~c n ~ ~ ~ r ~ ° ~ Ct7 ~ I f ~~ ~ ~ ~. i ~ ~-.,n ~ " ~ a A ~ C I ~ ~ ~ c ~ Q O ~ ^ ~ ~ N w ~ a G ~y C <i• ry fD 'O ~~. ~ ~... ~ ,E' CJ ~ t, ~ n G (0 Oy ~ P. c a ,~ ~ « Q' Z ~ ~ ~ n m _ ~ li' R' .y n V , ~ h C n a ~.' ~ ~ ~ a ,a ~ `~ a g B i; °, F. o ~ 4 ~~ .o ~"h f0 .W"~,~'C N ~' ~` lS ~ :t ^ O R. h~ O u ~. y ~ ~; a uc A ~ ,7 ,a `~' .,- ~ ~ C ry 4 ~ ~ ~ V N V, G G W I O ~ 'x'1 C.. s ~ U 1J ~~ ~ ~ ~ ~ o ~ ~~ ~v ~° ra ~ ®. ~ ~• ~ ~ ~, ai ~ ~ ~ n ~ ~ ro C. ~ ~ O ~ ~ ~ ~ ~C ~ ~ ~ d n c `~ ~ ~ ~ ~ ~ ~ _Q ~1 ~ r3 ~~ ~ ~ ~ ~ O ~ 3 °-' m tQ' ~' v n fD S:t. rS C tQ ~,~-r ~ ~ a i ~ ~ ~ s v C7 0 . ~ ~ ~ ~ ~' z ro A ~ m ~ ~ us ~ ~ ~ m ro wig ~ ~ lV G ~I~ ~ ~ p J ~ C D > ~ o "a -~s 7 a D h ~ . @ ro ~. d Q a `rt ~' n~ ro w C CL ti] ,~-+, t; ~ ~ r~ ® ~ ~ ~ o ~" m ~ x m ~ ~ ~ ~ a c ro bw °~° r rn x ~ Q. ~ ~ N 0 ~ ~ ~ ~ ~ b ~ ~- ~- ~ n ~ ~ ~ ~ ~I - ' W ~ to m ~. ~ ', ~ ~ ~ ~ ~. yy, n °' m °- ~. ~ n D ~ n. ~ ~ ~~ ~ ~ p ~ ~ 'o° ~ co ~" ~ ~' o ~. r~ n ~ m ~, ~. „~ t7 n ~- a ~ ~ o ~ ~ro~q~ ~- a ~ ~- a~~N ~ n e~ to cn' ~ ~ m t~~u rt o n~i ~ m ~ v o CD ~ ~ O ~ ~ ~ ~ 6Y ~ `C ip o n O O ~ ~ co v~' o o ~ o ~ c~i ~ ~ m ~ ~ m v (D ~ ~„ ~ ~~ '~ b v ~ ~ x ~ ~ ~ ~, a ~' r n ro -~ O -'C ~ X rn -<~ z O en.~~~z D C7 ""~ ~ i-,i m r"~-- ~ to °,~, a "C7 d rr, x-- c? i° ~ t~ t'? c:_ ~s . rrr r- -~ ~. i"i r- ~ ~ ~t~ r 79 CA --6 ~:. r-- rr~ ~; W ~~ m~ -I ~ m -1 ry '~ ~r ro -G 0 0 'D 0 3 t~ ~~ r ~e ® a o ~~ a ""~~ O y '~ ~ ~ ~ O ~ a yt L ~ .~ '_j ts~~ r4CC~, ^~ ~°~. ' "o ~ .~~ {'? ~, ~ ro ~ r-~aik`: t7 ~ S11 ~o- ~~ ° ~~ 1Sy ,•(,f -..tariff .:,,., Ala N ~ N.. !!! j m N N ~° N~ ~ ..." D -~ ~ ~ -~ ~ 'C7 '~..> (tJ ~ f~f) fin ~ ~! ~ ~7 ~ @j .... t,,.J ~ ~ e ~L ~ •' Sd d © O C7 ..~ ~ ~ ~ O ri i n ity unil satin May ~, 2012 i~ Nu 91 J T' lJ ITEM TITLE: Clerk's Office: Approval of a 2012-2013 Beer License Owner Transfer and Renewal for Pier 49 Located at 3665 E. Overland Rd. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS oFFrcE FINAL acr~onr ------- DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT ~i i n ity until tin May 1, 2012 I !J 10 ~: ~ Community Item/Presentations Presenter Contact Info./Notes CLERKS ®FFICE FIId~4L ,4CTl®N I DATE: IE_~STAFF T®I AGENCOY I APPL CANT I NOTES I INITIALS