Loading...
2012-05-22/11 E IDIAN:-- CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, May 22, 2012 at 5:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll -call Attendance: David Zaremba X Brad Hoaglun X X Keith Bird Charlie Rountree ® X Mayor Tammy de Weerd 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, Which is Not Owned by a Public Agency; and (f) To Consider and Advise Its Legal Representatives in Pending Litigation s ' 1 .o �` • �s ,. •11 Meridian City Council Pre -Council Meeting Agenda — May 22, 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. Tuesday, May 22, 2012 at 7:00 PM 1. Roll -Call Attendance David Zaremba _ Brad Hoaglun X Charlie Rountree X Keith Bird ® X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Darrell Taylor of Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Proclamation A. Meridian Public Works Week Proclamation 6. Consent Agenda Approved A. Approve Minutes of May 1, 2012 City Council PreCouncil Meeting B. Approve Minutes of May 8, 2012 City Council PreCouncil Meeting C. Approve Minutes of May 8, 2012 City Council Workshop Meeting D. Request for Sole Source Purchase of a Cornell Pump Model 4NNTL-SUB-5-6 for a Not -To -Exceed amount of $15,300.00. E. Approval of Change Order No. 1 to the Parks Maintenance Facility Design Agreement to Insight Architects for the Not -To - Exceed amount of $75,000.00 F. Approval of Agreement with Ada County Highway District (ACHD) for Construction of the Main Street Pavement Rehabilitation Project Meridian City Council Meeting Agenda — Tuesday, May 22, 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. G. Idaho Power Non -Disclosure Agreement to Acquire Transmission Line Locations From Idaho Power Company H. Lease Agreement with TV Scoopers, LLC (DBA Matt's Snack Shack)and the City of Meridian for Concessions Operations at Julius M. Kleiner Memorial Park I. Resolution No. 12-850: Lease Agreement with TV Scoopers, LLC (DBA Matt's Snack Shack) and the City of Meridian for Concessions Operations at Julius M. Kleiner Memorial Park J. Lease Agreement With Bryan Burrows and the City of Meridian for Crop Farming Located on West Cherry Lane (AKA Borup and Bottles Property) K. Resolution No. 12-851: Lease Agreement With Bryan Burrows and the City of Meridian for Crop Farming Located on West Cherry Lane (AKA Borup and Bottles Properties) L. Resolution No. 12-852: A Resolution Adopting the Water Master Plan for the City of Meridian M. Resolution No. 12-853: A Resolution Adopting the Meridian Water Conservation Plan for the City of Meridian N. Findings for Approval: VAR 12-001 Meridian and Amity by Hawkins Companies Located West Side of S. Meridian Road, Between W. Amity Road and W. Harris Street Request: Variance to UDC 11-31-1-4 Which Prohibits New Approaches from Directly Accessing a State Highway to Allow Three (3) Access Points, Two (2) Right-In/Right-Out Access Points at the Eighth Mile and One (1) Right-In/Right-Out/Left-In Access Point at the Quarter Mile to S. Meridian Road (State Highway 69) O. Approval of License Agreement with Bank of the Cascades for Sign Display at 502 N. Main Street 7. Items Moved From Consent Agenda None 8. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) End of the year Update Meridian City Council Meeting Agenda — Tuesday, May 22, 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. 9. Action Items A. Continued from May 1, 2012 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 June 5, 2012 B. Public Hearing: SHP 12-002 Renewal Place by Meridian Development Corporation Located at North Side of E. Broadway Avenue, Between N. Meridian Road and N. Main Street Request: Short Plat Approval Consisting of Three (3) Buildable Lots on 1.22 Acres in an O -T Zoning District Approved C. FP 12-008 CenterCal by Meridian CenterCal, LLC Located Northeast Corner of N. Eagle Road and E. Fairview Avenue Request: Final Plat Consisting of 15 Building Lots on 80.1 Acres of Land in a C -G Zoning District Approved 10. Continued Department Reports A. Public Works: Budget Amendment for FY2012 in the Amount of $50,000.00 for Flocculation Tank Design and Pilot Test Approved B. Public Works: Budget Amendment for FY2012 for the Not -to - Exceed Amount of $50,000 for the Secondary Clarifier Retrofit Construction Approved C. Public Works: Budget Amendment for FY2012 in the Amount of $205,000.00 for Turbo Blower Optimization Approved D. Arts Commission Budget Amendment for Fiscal Year 2012: Public Art in the Crossover of the Meridian Split Corridor Phase II Roadway Improvement Project, in the Amount of $87,000.00 Approved E. City Clerk's Office: Approval of New Beer and Wine License Application for JTS Inc. dba Miss Tami's & Cottage Expressions Located at 1031 N. Main St. This item is pending Ada County Approval. Moved to Consent Meridian City Council Meeting Agenda — Tuesday, May 22, 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. Amended onto the Agenda: Approval of New Beer License for M®KU, LLC dba Rumba Island Grill located at 3327 N. Eagle Rd. Approved with Conditions 11. Future Meeting Topics None Meridian City Council Meeting Agenda — Tuesday, May 22, 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 and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council May 22, 2012 A meeting of the Meridian City Council was called to order at 7:02 p.m., Tuesday, May 22, 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, Jeff Lavey, Chris Amann, Warren Stewart, Kyle Radek, Robert Simison and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. We will go ahead and launch right into our regular agenda. Welcome to City Council. For the record it is Tuesday, May 22nd. It's 7:02. We will start with roll attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you, please, stand and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Darrell Taylor of Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Darrell Taylor. He is with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Taylor: Thank you. Well, Gracious Father, what a beautiful day you have given us today and, Father, we just thank you and, Father, for this -- this time and just ask for your blessing upon it, Father, for the high school seniors that are graduating in May, Father, just ask that -- that you just instill into them the desire to -- not to settle for second best, but to -- to follow their dreams and, Father, we just ask a blessing on that, for the young people that are serving in the military that are away from home, Father, we ask a blessing and protection on them, that you just guide and direct their lives away from home and, again, Father, that -- for this time here that you will just guide and direct those that are speaking and, Father, that we just thank you for the men and women that are dedicated here to make this -- Meridian such a wonderful place to live and to raise a Meridian City Council May 22, 2012 Page 2 of 20 family and to retire. Father, we just thank you and it's in Jesus' name that we pray, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Okay. Next item is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We have a couple of items that we are going to be moving around here, so let me get moving on that. We are going to move to the Consent Agenda Item 10-E and that will, then, be moved to the bottom of the Consent Agenda on P. I guess that would be 6-P. Under Item 9-A the applicant has requested that this be continued until June 19th and that we can take that up when we come to that and determine what date will work for that request and also we need to add a 10-F and this is a request from the Clerk's Office for the approval of a new beer license for MOKU, LLC, Rumba Island Grill and 3327 North Eagle Road. So, add 10-F for the Clerk's Office and with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Meridian Public Works Week Proclamation De Weerd: Item 5 is a proclamation for Meridian Public Works Week and I will read the proclamation and, then, Kyle has a few words he would like to add, so I will go ahead and -- and read the proclamation first. Whereas Public Works services provided in our community are an integral part of our citizens' everyday life, and whereas having supporters and informed citizens is vital to the efficient operation of Public Works systems and programs, such as water, sewer, and solid waste collection, and whereas the health, safety and comfort of this community greatly depend on these facilities and services, and whereas quality facilities, as well as their planning, design, and construction are vitally dependent upon the efforts and skill of Public Works officials and whereas dedicated and qualified personnel who staff our Public Works Department understand the importance of the work they perform, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the week of May 21st, 2012, as Meridian Public Works Week here in the city of Meridian and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our Meridian City Council May 22, 2012 Page 3 of 20 Public Works services and to recognize the contributions which Public Works officials make every day to our health, safety, comfort, and quality of life. It's signed this day on May 22nd and I will walk down and present it to Kyle. Radek: Thank you Madam Mayor, Council Members. National Public Works Week is a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure collectively known as Public Works. This year the American Public Works Association has selected Public Works, Creating A Lasting Impression, as its theme for 2012 National Public Works Week. The theme speaks to the never ending effort of Public Works professionals to use sustainable solutions to bring their communities the highest possible quality of life within a framework of environmental, social and economic responsibility. For us Public Works Week is an opportunity to educate, celebrate and appreciate. Right now Tom Barry could not be with us, because he is out doing the education portion. We have the Public Works Go With The Flow tour going on right now. They are at this moment leaving the Ustick booster station, a tour that you all were on last year and we take the opportunity to celebrate our accomplishments and we take the opportunity to celebrate -- or appreciate the staff that we have that provide the public services and infrastructure and take care of the infrastructure that serves the people of this community and we appreciate the Public Works partners we have. We are going to have an expo on Thursday that we will showcase not only what the staff of the water and wastewater divisions do for the people of the city, but also what ACHD does, what ITD does, what Republic Services does, our partners in Public Works. And we appreciate our elected officials, because our elected officials in -- in Meridian, the way we deliver Public Works, elected officials are part of the equation and I think I feel very lucky, because we are public servants, we make decisions that are not based on earning the most money, we make decisions on what's the best for our customers and our citizens and long term economic viability and sustainability and it's a great place to be and I really appreciate it and I appreciate your understanding of what we do and your interest in what we do and I thank you and as a token of our appreciation again we have a Public Works Week coin for you. The artwork on the Public Works Week coin is reflective of the artwork for the National Public Works Week and as it was last year, it has a little bit of stuff that is not necessarily something we do in Meridian, it's a picture of the Golden Gate Bridge. The Golden Gate Bridge was chosen because it's the 75th anniversary of the Golden Gate Bridge and, again, the theme is creating a lasting impression. We do not have a bridge like the Golden Gate Bridge in Meridian. If Council desires we could come forward with an enhancement of some sort -- De Weerd: That's okay. Radek: We are going to get -- we are looking for a new interchange at Meridian Road, so, you know, there could be a possibility there. Anyway, I really do appreciate the -- the partnership we have with you folks, our elected officials, that help us, like I say, make the choices and decisions for the long term, best interest of the people we serve. So, thanks very much, Councilman Bird, Councilman Hoaglun. Madam Mayor. Meridian City Council May 22, 2012 Page 4 of 20 De Weerd: Thank you. Radek: Councilman Rountree. Rountree: Thank you. Bird: Madam Mayor? De Weerd: Yes. Bird: If Kyle wants to be able to build a bridge we will just let him donate his wages for a couple of years and we will build a Golden Gate. Thanks, Kyle. Radek: Thank you, Madam Mayor. Item 6: Consent Agenda A. Approve Minutes of May 1, 2012 City Council PreCouncil Meeting B. Approve Minutes of May 8, 2012 City Council PreCouncil Meeting C. Approve Minutes of May 8, 2012 City Council Workshop Meeting D. Request for Sole Source Purchase of a Cornell Pump Model 4NNTL-SUB-5-6 for a Not -To -Exceed amount of $15,300.00. E. Approval of Change Order No. 1 to the Parks Maintenance Facility Design Agreement to Insight Architects for the Not -To - Exceed amount of $75,000.00 F. Approval of Agreement with Ada County Highway District (ACHD) for Construction of the Main Street Pavement Rehabilitation Project G. Idaho Power Non -Disclosure Agreement to Acquire Transmission Line Locations From Idaho Power Company H. Lease Agreement with TV Scoopers, LLC (DBA Matt's Snack Shack) and the City of Meridian for Concessions Operations at Julius M. Kleiner Memorial Park Meridian City Council May 22, 2012 Page 5 of 20 Resolution No. 12-850: Lease Agreement with TV Scoopers, LLC (DBA Matt's Snack Shack) and the City of Meridian for Concessions Operations at Julius M. Kleiner Memorial Park J. Lease Agreement With Bryan Burrows and the City of Meridian for Crop Farming Located on West Cherry Lane (AKA Borup and Bottles Property) K. Resolution No. 12-851: Lease Agreement With Bryan Burrows and the City of Meridian for Crop Farming Located on West Cherry Lane (AKA Borup and Bottles Properties) L. Resolution No. 12-852: A Resolution Adopting the Water Master Plan for the City of Meridian M. Resolution No. 12-853: A Resolution Adopting the Meridian Water Conservation Plan for the City of Meridian N. Findings for Approval: VAR 12-001 Meridian and Amity by Hawkins Companies Located West Side of S. Meridian Road, Between W. Amity Road and W. Harris Street Request: Variance to UDC 11-3H-4 Which Prohibits New Approaches from Directly Accessing a State Highway to Allow Three (3) Access Points, Two (2) Right-In/Right-Out Access Points at the Eighth Mile and One (1) Right-In/Right-Out/Left-In Access Point at the Quarter Mile to S. Meridian Road (State Highway 69) O. Approval of License Agreement with Bank of the Cascades for Sign Display at 502 N. Main Street De Weerd: Thank you. Item No. 6 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As I noted earlier, we are moving Item 10-E under Continued Department Reports to the Consent Agenda, make it 6-P, and that is the approval of the new beer and wine license application for JTS, Inc., doing business as Ms. Tami's and Cottage Expressions located at 1031 North Main Street. So, with that, Madam Mayor, I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, roll call, please. Meridian City Council May 22, 2012 Page 6 of 20 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: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MVAC) End of the year Update De Weerd: So, we will move to Item 8-A, which is a report from MYAC. Thank you for joining us. J.de Weerd: Well, hi. I'm Janelle de Weerd and I am the -- I guess -- well, I'm not chair anymore of MYAC, so I will let Kendall introduce herself. She was elected as chair for next year, so -- Swainston: Hi. I'm Kendall Swainston. J.de Weerd: And we would like to thank you guys for such an amazing year. This year has brought a few huge milestones for MYAC and we have had amazing people and a consistent flow. I mean at our last meeting -- at our last two meetings there were about 50 people and that's really saying something, because usually we see a huge drop off right after spring break and this year we held strong, so thank you for giving us the opportunity to show students in Meridian what they can do and the impact they can have. All year we have provided updates on what we have been doing. We have had Rake Up Meridian, two community block parties, and candidates -- candidate forums and our work on the distracted driving laws that have finally passed on a statewide level and I'm proud of the work that MYAC has been able to do on the local, state, and national level. This was one of the first years where we were able to go to D.C. and have an impact on that level, as well as those right -- or all around us in Meridian. MYAC continues to be a recognized force in the state of Idaho and in Meridian and it's something very important to the students. The credentials that these students are gaining through their experience in MYAC is life long and something that everyone will hold very dearly. Additionally, we have held some great events that have been a huge success, such as the Ignite Meridian and the Wahooz Nights for the Teen Activities Council continue to be a huge success and in high demand for students in Meridian. I'm hopeful that MYAC will continue to support these events next year, which I'm sure we will see. Since our last update there have been two big things that have happened. Two weeks ago we held the Treasure Valley Youth Summit at Wahooz. We had Meridian City Council May 22, 2012 Page 7 of 20 students from Nampa, Boise, Meridian and had the opportunity to tell them about important issues facing our youth, such as substance abuse, bullying, and texting while driving. We had about 50 students attend and participate which turned out to be a perfect number. We had some great speakers and I would like to thank the Meridian Police Department, as well as the Mayor's Anti -Drug Coalition for the support they showed to this event and the success of this. It was something I hope that will return next year, because it was very informational and it was just a fun event that we needed. We have also recently had our elections for next year's legislative members and I'm excited to wish them good luck and hope for their continued support of Meridian's MYAC and also I would like to welcome in our next class of elected executive members in Mayor's Youth Advisory Council. I know that next year will be a very successful year and they have huge steps to follow in, but I expect them to surpass us in any way possible. And I would like to thank you guys again for four years of an amazing experience. I guess I got this from my mom. These are some skill I have learned that I will hold them the rest of my life. MYAC has always been a huge thing in my life, so would like to thank you guys for being such strong advocates for this and the Mayor for being such a supportive key figure for the youth and what we do in our community. And that is all. Do you guys have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Janelle, I don't -- I love every one of you kids that come through there, but there has been two of you for the last four years that have been real leaders, you and Eli. And as an adult and as a city councilman, I can't thank you kids for what you have done. It's hard to see you go. You guys have -- the last four years have just really taken this another step and I know the new ones coming in will go above, but you and Eli have truly, truly been real leaders and I appreciate it, kid. J.de Weerd: Well, thank you, Councilman Bird. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'd echo that, Janelle, that you guys have been right in there for your full term of four years. We have seen the participation grow significantly, particularly this last year, and I would like to congratulate you on your successful chairmanship and the job -- the great job you did in working at the national, state, and local level, particularly distracted driving, that's something that not many people can say in a lifetime, so good for you. You're mom's trait, the emotion, is not a bad thing, it's a good thing. We like to see it. And, Kendall, I wish you the best in your chairmanship next year and Janelle said you had some big steps and big shoes to follow and we are looking forward to bigger and better things. So, good look to you. Meridian City Council May 22, 2012 Page 8 of 20 Swainston: Thank you. De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would like to add to that as well and I just think you have been doing a wonderful job and as much as us old folks appreciate what you're doing and are impressed what you're doing, I think the evidence that the group is growing and sustaining its growth is the proof that what you're doing is really making a difference and that your peers believe you're making a difference and are joining and staying involved and becoming more involved because of the leadership that you have provided and that you will provide, but it's just wonderful evidence that not only we appreciate it, but your peers appreciate it as well. So, thank you. J.de Weerd: Thank you. Appreciate that. Hoaglun: Madam Mayor? Very quickly. Janelle, congratulations. Best wishes on your future activities and to the new leadership good luck. You guys will do well. You got a great foundation to build from and we look forward to some exciting things. Thank you. De Weerd: Yeah. So, Council, I know last year I had quite a bit to say to Eli. This year I'm not sure if I can say anything, because of that emotional gene. But I do know that this year's youth council has set a strong foundation that I'm sure Kendall and the rest of the officers will pick up the reins and continue on. Our last -- two meetings ago we had Superintendent Tom Luna come in and talk to the youth about some of the educational reform and like was mentioned there were around 50 youth there and it was a very good dialogue. I think one of the focuses this year of the youth council has been inviting in speakers that can give leadership characteristics and have discussions on them and give to the youth that are coming. So, they have been able to meet community leaders and to gain useful information. They have given services to our community. They have effected policy that impacts our youth and certainly -- I'm not sure if the chief will mention this, but their work with our police department has been just amazing and I have appreciated, too, the police department and their positive engagement that they have had with our youth council. It's been phenomenal. Sergeant Gonzales has stepped up and gone above and beyond in the distracted driving and the grant that was received with the highway -- Department of Highway Safety and the youth summit. It was very well planned and I'm glad that Luke walked in at this time, because Luke's leadership as well has just been phenomenal. I have seen the group of leaders develop into very strong leaders. They have challenged each other and certainly they have challenged us on occasion. But it's been short of amazing what this group has done for our community and we have a lot to be proud of. So, I not only lose a chair, I -- I will be launching my daughter here in less than a week where she goes Washington, D.C., and I know that she will affect the same level of change there as she has here and I think Meridian City Council May 22, 2012 Page 9 of 20 that if the nation can experience what we have in this community, we will all be better off as a society. So, thank you. And, Kendall, I look forward to next year and seeing another group of youth blossom and we look forward to working together with you to create a community that you guys want to move back to, because that's what this youth council is all about. We want this to be a community that you're all proud of. So, thank you for being here with us tonight. J.de Weerd: Thank you, Madam Mayor and Councilmen. De Weerd: Okay. You can see it's going to be a hard launch of -- out of my household this coming week -- or this -- tomorrow night she graduates, so big deal. Item 9: Action Items A. Continued from May 1, 2012 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: Okay. 9-A under Action Items. This item was continued from May 1 st and as the applicant's representative is sick this evening and asked for this to be continued, so they could be in attendance. Council, I guess the request has been to June 19th. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Yes. Just one item. I have done some checking. It looked like work was going to take me out of town the week of June 11th and I'd miss the 12th meeting. It now looks like I will be leaving on the 18th and will be gone that whole week, so would not be available to hear this particular item. I don't know if that makes a difference, but we don't have a meeting next week. The schedule on the 5th is fairly light. We have a couple items, but nothing controversial. I don't know why we -- we put it off from May 1 to the 22nd, delayed three weeks. I don't know if two weeks would be suitable or if they need another full month on something like this. De Weerd: Well, the request has just been due to illness. We can set it out to June 5th. If there is an issue we can discuss it at that time. Hoaglun: Because I'd like to be available at whenever we have -- Bird: That would be my preference. Hoaglun: -- an important matter, so -- Meridian City Council May 22, 2012 Page 10 of 20 De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Aren't we also running into a time limit on this by the -- in the time? I mean Jiminy Christmas, it's been going on for -- De Weerd: Yea. It's certainly been ongoing since last fall, but not in terms of the appeal of the director's denial, but in light of -- of the request I think it is fair to put it out to June 5th, contact the applicant representative and let them know we can certainly have a discussion again on June 5th if the applicant's representative is still sick. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Do we need a motion on that? De Weerd: Yes, we do. Hoaglun: I move that we continue 9-A until June 5th. Zaremba: Second. De Weerd: I have a motion and a second to continue 9-A to June 5th. All those in favor says aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: SHP 12-002 Renewal Place by Meridian Development Corporation Located at North Side of E. Broadway Avenue, Between N. Meridian Road and N. Main Street Request: Short Plat Approval Consisting of Three (3) Buildable Lots on 1.22 Acres in an ®-T Zoning District De Weerd: Item B is a public hearing on SHP 12-002. 1 will ask for staff comments at this time. Friedman: Thank you, Madam Mayor, Members of the Council. The request before you is for a short plat for the Renewal Subdivision. Effectively what it is it's a three lot plat that would create individual lots for the Bank of the Cascades, ground floor and Washington Federal. It was a condition as I understand it of the transfer of the property, so, really, what we are doing is we are creating -- or you're creating, if you approve this, three discrete lots for those individual buildings and no new development is proposed at Meridian City Council May 22, 2012 Page 11 of 20 this time. The applicant has indicated their agreement with the staff report and staff is recommending approval of the short plat to Council. De Weerd: Thank you. Council, any questions for staff? Bird: I have none. De Weerd: Any comments from the applicant? Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no interest in providing testimony, I move that we close the public hearing on Item 9-B. Zaremba: Second. De Weerd: I have a motion and a second to close Item 9-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve SHP 12-002 for Renewal Place. Hoaglun: Second. Zaremba: Second. De Weerd: I have a motion and several seconds to approve Item 9-B. 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. FP 12-008 CenterCal by Meridian CenterCal, LLC Located Northeast Corner of N. Eagle Road and E. Fairview Avenue Meridian City Council May 22, 2012 Page 12 of 20 Request: Final Plat Consisting of 15 Building Lots on 80.1 Acres of Land in a C -G Zoning District De Weerd: Item No. 9-C is FP 12-008. 1 will open this for staff comments at this time. Friedman: Thank you, Madam Mayor, Members of the Council. This is a final plat for CenterCal. What is happening is that they are creating 15 building lots out at Meridian Town Center. Council approved the preliminary plat in March of this year and they have been moving diligently with the installation the utilities construction, not only of the roads and infrastructure, but the actual buildings out there. So, what this is doing is actually just dividing the Meridian Town Center site into some discrete building lots. Staff has reviewed it and concluded that it is in substantial conformance with the preliminary plat approved by Council and recommends approval to you of this final plat. As of this afternoon we have not received comment positive, negative, or neutral. However, the applicant's representative is here and can speak to the applicant's position on this. De Weerd: Okay. Thank you, Pete. Any questions for Pete at this point? Bird: I have none. Rountree: No. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a quick side question, I guess. The new roundabout that I think is complete at Records Avenue where it meets Eldon Gray Road, the center of that must belong to somebody. Does that -- who -- who is responsible for maintaining that? Friedman: I don't have an answer to that question, Council Member. I know there have been some discussions between one of the adjacent property owners to the east, as well as the developer of Meridian Town Center. Maybe Jason has some insight into that. De Weerd: It's my understanding that CenterCal does. Friedman: That's what I thought. I didn't think that the -- given the history that we have had with the property owner to the east I wasn't certain that they were interested in installing and maintaining the landscaping there. But, again, if Jason can't clarify that I will follow up and send you an e-mail tomorrow. De Weerd: Okay. Zaremba: Okay. Thanks. Meridian City Council May 22, 2012 Page 13 of 20 De Weerd: Thank you, Pete. Zaremba: I guess my question was directed at -- if it belongs to CenterCal it probably should be identified as a lot. Friedman: Madam Mayor, Members of the Council, Councilman Zaremba, it's actually in the public right of way, so it's not a lot, it's not a separate ownership, it's -- similar to what we have with planter islands and so forth and medians and right of way, somebody other than the city usually will maintain it and we know it won't be the highway district, but I think the Mayor is correct, I believe CenterCal is going to be installing and maintaining that, but I will confirm that for you. Zaremba: Okay. Thanks. De Weerd: Thank you. Would the applicant's representative like to come forward? Thank you for joining us. If you will, please, state your name and address for the record. Densmer: Thank you. My name is Jason Densmer with the Land Group. My address is 462 East Shore Drive in Eagle. De Weerd: Thank you, Jason. Densmer: I'm here to represent CenterCal this evening and I apologize to staff for not being able to get a timely reaction to the staff report. I'm happy, though, to report that it was a positive one. We've had a chance to review the staff report and agree with staff's conclusions and would welcome your approval of the final plat. De Weerd: It's contingent upon it not being called Meridian Town Center. Densmer: I will pass that along. De Weerd: Meridian Town Square is much more like it. But I do know that they have been working diligently on if there is another name and I have voiced my concern about Meridian Town Center, because it's not the center, so -- Densmer: Thank you. De Weerd: Just a comment. Any questions for the applicant? Bird: I have none. Densmer: Thank you. De Weerd: Okay. Thank you. Council, what is your preference? Meridian City Council May 22, 2012 Page 14 of 20 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of FP 12-008, CenterCal by Meridian CenterCal, LLC. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-C. If there is no discussion, Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Jason, I will say it's exciting to see all the activity and the energy going on out there. It's looking really good and I got to go on tour through Big AI's and what an amazing asset that is going to be for this -- for this. So, we are very excited about what's going on out there and appreciate all of the -- the collaboration and cooperation that CenterCal is -- how they have worked with our staffs and we are excited to see things develop. Densmer: Thank you. We are all very excited to see our hard work is becoming a reality. Item 10: Continued Department Reports A. Public Works: Budget Amendment for FY2012 in the Amount of $50,000.00 for Flocculation Tank Design and Pilot Test De Weerd: Thank you. Okay. We move to 10-A, which is our Public Works Department and I assume that, Warren, this is yours. Stewart: I will speak to the next three, actually. One at a time, of course. Madam Mayor, Members of the Council, the Public Works Department is seeking a budget amendment for the amount of 50,000 dollars. We had a two phased project. The first phase of that project you approved for 2012 and is currently under construction out at the wastewater treatment plant. That's for a chemical feed facility that -- and the second phase of that would be for flocculation tanks. The purpose behind that was to increase the removal rate for sediment in our secondary or tertiary filters and the bid amount for the chemical feed portion of that came in under what we had budgeted and we would like to reallocate the balance of the funds. We didn't completely draw it down, we left some in there for change orders if it were needed. But we'd like to use some of the money to get started on the design portion of the flocculation, because it's going to be -- Meridian City Council May 22, 2012 Page 15 of 20 we are going to be pushing our time frame to compete it next year if we -- if we don't. So, essentially, we are asking you to allow us to reallocate 50,000 dollars of those funds to get started on the design work for the flocculation portion of that project. And I will stand for questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Mr. Zaremba? Zaremba: Madam Mayor, I move we approve the budget amendment for 50,000 dollars for the flocculation tank design and pilot test. Rountree: Second. De Weerd: I have a motion and a second. If there is no discussion, Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Works: Budget Amendment for FY2012 for the Not -to - Exceed Amount of $50,000 for the Secondary Clarifier Retrofit Construction De Weerd: Our next item is also Public Works under Item 10-B. Stewart: Madam Mayor, Members of the Council, this is a budget amendment for 50,000 dollars for a secondary clarifier -- for the secondary clarifier retrofit project. This project is currently nearing completion out at the wastewater treatment plant. It's, essentially, a million dollar project. When the project was bid it came in very close to what we had estimated for the cost. It left us with essentially less than one percent for change orders on the project. There have been some minor change orders that have needed to occur out there with some additional painting and also some changes to a stairway and so we are, essentially, asking to reallocate some other funds that were available from another -- from another budget to pay for the change orders needed for this particular project. Again, this is -- we are reallocating funds in order to cover this. We are not asking for, essentially, new money and with that I will stand for any questions. De Weerd: Thank you, Warren. Council, any questions? Meridian City Council May 22, 2012 Page 16 of 20 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the budget amendment for the not to exceed amount of 50,000 dollars for the secondary clarifier retrofit construction. Rountree: Second. De Weerd: I have a motion and a second to approval Item 10-B. If 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. De Weerd: Item C. Warren. C. Public Works: Budget Amendment for FY2012 in the Amount of $205,000.00 for Turbo Blower Optimization Stewart: Madam Mayor, Members of the Council, this is a 205,000 dollar budget amendment. Again, this is reallocation of existing funds to this project. Essentially we have been in the process of doing a turbo blower's project out there to replace some of the blowers at the wastewater treatment plant with more efficient high -- high efficiency and high speed turbo blowers. This has been a joint project with the Planning Department. We received grant funding for a substantial portion of this project and we would have -- we were in the process of getting this constructed and it was nearing completion. At the same time that we were doing this we were also in the process of completing a master plan for our communication system. So, the original -- when this project was bid we anticipated, essentially, reprograming our existing communication equipment and using existing software to do the programming, so that the turbo blowers would run and operate and we had plenty of funding to do that. But the -- essentially, our master plan recommended that we, essentially, replace that equipment within the next couple of years and replace the software associated with it and update to newer software and newer equipment and rather than go ahead and complete the programming on the old equipment and spend the money -- I think it's about 40,000 dollars now on that -- and, then, potentially turn around in a couple of years and redo that effort with new equipment and new software, we felt that it was probably prudent to go ahead and make that change on this particular item now and reprogram it with the new software and new equipment. So, we are asking to allocate funds in order to make that happen. And I will stand for any questions. De Weerd: Thank you. Council, any questions? Meridian City Council May 22, 2012 Page 17 of 20 Bird: I have none, Mayor. De Weerd: Hearing none, Mr. Zaremba. Zaremba: I move we approve the budget amendment in the amount of 205,000 dollars for turbo blower optimization. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-C. 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. D. Arts Commission Budget Amendment for Fiscal Year 2012: Public Art in the Crossover of the Meridian Split Corridor Phase II Roadway Improvement Project, in the Amount of $87,000.00 De Weerd: Item 10-D is our Arts Commission budget amendment and Robert will present that to you. Simison: Thank you, Madam Mayor, Members of the Council. I'm here tonight on behalf of the Arts Commission to talk about the proposed budget amendment to look at doing some art in areas that will be created -- it will void, essentially, where there won't be anything in them when the split corridor is -- gone through construction. In the crossover there will be two areas where the crossover occurs, we will be trying those that will be created. In addition there is a third parcel down at the other end of Main Street that is -- ACHD is also vacating where that free right-hand turn is, which will become the city's property. The Parks Department has agreed to maintain these three areas and it was felt that these would be appropriate areas for public art. So, with that in mind we looked at where some previous funds had come in through -- from Idaho Power over the years and feel that there is about 80,000 dollars that could be put towards those public art projects for consideration. MDC has agreed to 7,000 dollars for this to help do some of the administrative costs and helping get the -- some of the artist work done up front that would help with the RFP and, then, the RFP would go out and the Arts Commission would, then, take over the administration from that point on. So, the selection of the artist and, then, we would utilize city staff, i.e., Max Jensen for the actual installation and milestones for these pieces of art. The decision was made was not -- you can do one, two, or three for this amount, depending upon the size of the art that's selected, the themes, and in this process we will stick to environmental or green Meridian City Council May 22, 2012 Page 18 of 20 themes, since it's funds from Idaho Power. So, that's what's being proposed at this point in time and I would be happy to stand for any questions. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Mr. Hoaglun? Hoaglun: Madam Mayor. I would move approval of the Arts Commission budget amendment in the amount of 87,000 dollars. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-D. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you, Robert. MOTION CARRIED: ALL AYES. E. City Clerk's Office: Approval of New Beer and Wine License Application for JTS Inc. dba Miss Tami's & Cottage Expressions Located at 1031 N. Main St. This item is pending Ada County Approval. Loved to Consent De Weerd: Item 10-E was moved to the Consent Agenda. F. Amended onto the Agenda: Approval of New Beer License for MOKU, LLC dba Rumba Island Grill located at 3327 N. Eagle Rd. De Weerd: We did add a 10-F on approval of a new beer license for Rumba Island Grill. Madam Clerk. Holman: Madam Mayor, Members of the Council, this restaurant came in about a quarter to 5:00 today. They have state and county approval. They are just requesting a beer license. They were not aware they had to have a city license also. They have certificate of occupancy, all of that. So, since we don't meet for two weeks, I told the applicant that I would request a conditional approval this evening, just allowing the Mayor to sign and waiting for all of the department sign -offs before I sign and issue the Meridian City Council May 22, 2012 Page 19 of 20 license. So, with that I'll stand for any questions. De Weerd: Thank you. Council, any questions? Rountree: I have none. De Weerd: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of a new beer license for MOKU, LLC, dba Rumba Island Grill and for the Clerk to sign and the Mayor -- Mayor to sign and Clerk to attest when all approvals are received. Rountree: 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. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Item 11 is Future Meeting Topics. Are there any items for consideration for future agendas? Hearing none, 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. Meridian City Council May 22, 2012 Page 20 of 20 MEETING ADJOURNED AT 7:44 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) OLMAN, CITY CLERK �✓►'r ''1 1 ����� a m� P �1f�g0�IbeTRtpSUQ�� Changes to Agenda: Item #9A- The applicant's representative has requested the hearing be continued to June 19, 2012. Item #913: Renewal Place (SHP-12.002) Application(s): ➢ Short Plat Size of property, existing zoning, and location: This site consists of 1.22 acres of land in the 0-T zoning district. The property is located on the north side of E. Broadway Avenue between N. Meridian Road & N. Main Street. Summary of Request: The applicant requests approval of a short plat consisting of 3 buildable lots on 1.22 acres of land. This is a re -subdivision of Lots 1-5 and 7-16 of the Meridian Townsite amended plat. All three of the proposed lots are currently developed with 3 commercial buildings; the purpose of the plat is to create an individual lot for each building; no new development is proposed at this time. Written Testimony: Ashley Ford, in agreement with the staff report. Staff Recommendation: Approval Outstanding Issue(s) for City Council: None Notes: Item #9C: CenterCal Subdivision (FP -12.008) Application(s): Final plat Size of property, existing zoning, and location: This site consists of 80.1 acres of land, is currently zoned C -G, and is located on the northeast corner of E. Fairview Avenue & N. Eagle Road. Summary of Request: The preliminary plat for CenterCal Subdivision was approved by City Council on March 7, 2012. The applicant is now requesting approval of a final plat of 15 buildable lots consistent with that approved with the preliminary plat. The street buffer landscaping for the site was approved as part of the overall Certificate of Zoning Compliance for Meridian Town Center. Written Testimony: None Outstanding Issue(s) for City Council: None Staff Recommendation: Approval (the proposed final plat is in substantial compliance w/the approved preliminary plat) Notes: III FA A • • •I I•r DATE: May 22, 2012 IT : 5A PROJECT ITEM TITLE: Meridian Public Works Week Proclamation Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS R�May 22, 2012 ITEM NUMBER: 6A PROJECT NUMBER: Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: May 22, 2012 IT : 6 PROJECT ITEM TITLE: City Council PreCouncil Minutes - May 8, 2012 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PF4 id III W 1i I I • May 22, 2012 ITEM NUMBER: 6C ITEM TITLE: City Council - 1 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE:. May 22, 2012 li : 6® PROJECTU Request:TEM TITLE: o. Source - of a Cornell Pump Model 4NNTL-SUB-5-6 for a Not -to -Exceed Amount of $15,300.00. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Dolsby Date: 5/17/12 Re: May 22 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 17th City Council Consent Agenda for Council's consideration. Request for Sole Source The Waste Water Department is requesting a Sole Source purchase for a redundant activated sludge pump (Cornell Pump Model 4NNTL-SUB- 5-6). This item was approved on the FY2012 budget. The Assistant City Engineer has described the sole source circumstances and the Purchasing Manager has investigated and is in agreement. Recommended Council Action: Approval of advertisement for Sole Source Purchase in the local paper for 2 weeks prior to purchase and authorize the Purchasing Manager to issue a purchase order for a Cues Camera and peripheral equipment at the conclusion of the notification period if no objection is received. Thank you for your consideration. Page 1 Date: 05/2/2012 PURCHASING AGENT 33 East Broadway Avenue Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 Item or Service: Secondary Clarifier #3 Return Activated Sludge Pump Purchase ❑ Sole Source: Item is available from only one vendor. Item is one -of -a kind item and is not sold through distributors. Manufacturer is a sole distributor. Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) The secondary clarifier retrofits project has been under construction since August, 2011 and was bid for $669,335. The project includes the retrofit of Secondary Clarifier Nos. 3 and 4. Performance Systems, Inc was selected to perform this work and has an anticipated completion date of June, 2012. The retrofit of Secondary Clarifier No. 3 included a new return activated sludge pump station with two return activated sludge pumps. During construction the Public Works Department discovered a third redundant return activated sludge pump to be stored at the wastewater treatment plant was not included in the project. Public Works would like to purchase an additional Cornell Model 4NNTL-SUB-5-6 pump to fulfill this requirement to match the existing pump serial number's 175301 and 175302. This avoids the purchase of an additional rail system and spare parts. The rail system for the submersible pumps is specific to each manufacturer, making it difficult to supply an alternate pump for this application. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Council Approval Cli olsb Date: ' AepartrrArnTtPM2nager sto (nt Name Purchasing Approval: Signature Purc sing anager iiii 11 • • r DATE: May 22, 2012 I : 6 PROJECTNUMBER: ITEM TITLE: Approval of Change Order No. 1 to the Parks Maintenance Facility Design Agreement to Insight Architects for the Not -to -Exceed Amount of $75,000.00 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS kya:l-lm To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Mike Barton, Jacy Jones Date: 5/17/12 Re: May 22"d City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 22 City Council Consent Agenda for Council's consideration. Approval of Change Order No. 1 to Insight Architects for the "Parks Maintenance Facility — Design" proiect for a Not -To -Exceed Amount of $75.000. This change order is the results of an increased scope of services. Recommended Council Action: Approval of Change Order No. 1 in the Not -To - Exceed amount of $75.000. Thank you for your consideration. Page 1 CITY OF MERIDIAN CHANGE ORDER NO. 1 33 EAST BROADWAY PROJECT NO. 10124.2 MERIDIAN, ID 83642 DATE: 5/17/12 EFFECTIVE DATE: 5/22/12 CONTRACT CHANGE ORDER CONTRACTOR: Insight Architects PROJECT: Parks Maintenance Facility Design The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Facility has increased in sf from 4500 to 9100sf and addition of 3000sf storage building and development of the entire 3 acre site. Reason for Change Order: Scope has increased in size. Attachments: Insight letter dated May 10, 2012 and schedule dated May 16, 2012 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 110,290.00 Original Contract Times: Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ (calendar days) $0.00 Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days) $110,290.00 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $75,000.00 Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $185,290.00 13 -Jul -12 It APPROVED: ) 7 ACCEPTED: InsightArchitec A. 06 By: Mayor Tammy a eerd By: Dana Kauffman Date: S _ Date: RECOMMEN : (Par s Pro ct Manager) DATE PP ED BY O CIL By: O0TEDAV ep I NA REQ ED Date: 1091� DAA / 9. APPROVED: (CITY PU HA G MA City of E ID By: Keith Watts ., rk, Jaycee L. Holman 4Date' Date:2— S� rf �0��8eTRE�SuF- INSIGHT &tdCc'>o c', o 0 Russ Phillips + Dana Kauffman May 10, 2012 Mr. Mike Barton Meridian Parks and Recreation 33 East Broadway Avenue Ste. #206 Meridian, Idaho 83642 Re: Meridian Parks Maintenance Facility Dear Mike, The scope and budget of the Parks Maintenance Facility has been increased from the original construction budget of $1,300,000.00 to a new construction budget of $2,300,000.00. The original main building was scheduled to be 4500sf; the current size is now 9100sf, A covered Wash Bay including equipment room has been added. An additional 3000sf storage building has been included along with the development of the entire 3 acre site. Our original contract was based on a negotiated fee of 7.5 % of the construction budget for a total of $98,025.00. We are submitting an increase in the Architectural / Engineering fee based on the additional project scope. This increase Is based on the agreed upon percentage of 7.5%. The Increase amounts to $75,000.00 ($1,000,000.00 x 7.5%). The new contract amount is $173,000.00. Please let me know what further information you need from us to complete the contract amendment. Sincerely, Dana Kauffman, AIA, LEED AP INSIGHT architects, pa 2238 Broadway Avenue Boise, Idaho 83706 208.338.9080 AMay NUMBER: • ITEM TITLE: Approval of Agreement w/ Ada County Highway Dist. (ACHD) for Construction of the Main Street Pavement Rehabilitation Project Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS I N D I A 1r • WorksPublic Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: May 15, 2012 Mayor Tammy de Weerd Citgr Council Memberss Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVAL OF AGREEMENT WITH ACHD FOR CONSTRUCTION OF THE MAIN STREET PAVEMENT REHABILITATION PROJECT I. RECOMMENDED ACTION A. Move to: 1. Approve the agreement with ACRD for construction of the Main Street Pavement Rehabilitation Project; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tim Curns, Transportation and Utility Coordinator 489-0342 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION Background .ound In July of 2012, the Ada County Highway District will begin reconstruction of Main Street from Franklin Rd to Fairview Ave. As part of the reconstruction, City of Meridian utilities are being installed and replaced. 1 of 2 IV. IMPACT A. Strategic Impact: This agreement with ACHD allows the City's work to be constructed at the same time as ACHD's project, resulting in cost savings and a reduction in the overall duration of construction in the roadway. These benefits further the goals of the Public Works Department to conduct projects in a fiscally responsible manner and minimize impacts to the traveling public. B. Service/Delivery Impact: This agreement is not expected to have any immediate service or delivery impacts; however it sets the groundwork for the administration of the actual construction contract, which will have direct impacts to services. C. Fiscal Impact: No direct costs are associated with this agreement as it is not a construction contract; however, a reduction in overall project construction cost will be realized due to ACHD sharing costs such as administrative, traffic control, and mobilization. The City also does not pay certain costs associated with separately constructing the project, such as permanent pavement restoration and Storm Water Pollution Prevent Plan administration. Once the bid results for the work are known, staff will seek approval of the contract amount from Council. V. ALTERNATIVES Council may choose not to approve the agreement and construction costs; however, this would cause the work contained in the project to be removed from the ACHD project and bid separately at a higher cost. This could also jeopardize the timeline of Phase 2 of the Split Corridor Project, which will be constructed immediately after the work contemplated in this agreement. VI. TIME CONSTRAINTS Council's approval will allow the City's work to be executed with ACHD's project and completed prior to the beginning of the Split Corridor Phase 2 construction. Construction of the project is anticipated to begin in early July of 2012. VII. LIST OF ATTACHMENTS A. Agreement with A Approved for Council Agenda: ,Warren St6wart, Engineering Manager 2 of 2 l I t+ Date ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I BOISE IDAHO 06107112 12:20 PM DEPUTY Gail Garrett III i'IIIII'IIIII'lII'I'IIII�{II III'�I RECORDED -REQUEST OF Ciiy of Meridian 111054617 INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/ POTABLE WATER AND SANITARY SEWER UTILITY IMPROVEMENTS: MAIN STREET, FRANKLIN ROAD TO CHERRY LANE PAVEMENT REHABILITATION PROJECT ACHD PROJECT NO.511028 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/POTABLE WATER AND SANITARY SEWER UTILITY IMPROVEMENTS FOR THE MAIN STREET, FRANKLIN ROAD TO CHERRY LANE PAVEMENT REHABILITATION PROJECT ("Agreement") is made and entered into this S day of JT aA.041 , 201 "Effective Date"),, ), b y and between the Ada County Highway District,p ighway 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 rehabilitating the pavement on Main Street, Franklin Road to Cherry Lane, including potable water and sanitary sewer utility adjustments and installations as detailed in Project Number 511028 (the "Project"); and WHEREAS, ACHD is willing to arrange for adjustments and installation of potable water and sanitary sewer utilities as part of the Project plans so long as ACHD is fully reimbursed for all costs and expenses it incurs as a result of additional work attributable to the adjustments and installation of the potable water and sanitary sewer utilities within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions and delays attributable to the potable water and sanitary sewer utility 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 SHALL: 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 water and sanitary sewer utility work; e. Make monthly progress payments and the final payment to the Contractor in conformance with the terms of the Contract; INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.306007 PAGE 1 OF 6 f. Obtain City's concurrence prior to approval of each Contractor's progress payment 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 sanitary sewer utilities; h. Provide for the reference and replacement of all 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 (500) 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 control necessary for construction 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 ACHD's portion of the Contract where such changes may impact City's portion of the Contract. 2. CITY SHALL: a. Inspect all potable water and sanitary sewer utilities installed under the Contract and provide copies of appropriate tests and diaries to ACRD Project Representative; b. Provide field survey and grade control required for the installation of the potable water and sanitary sewer utilities installed under the Contract; c. Provide ACHD with the construction plans, special provisions, and unit bid quantities for the potable water and sanitary sewer utilities to be included in the bid documents for the Contract, including the requirement that all work regarding the potable water and sanitary sewer utilities 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 ACRD, within thirty-five (35) days after the date of invoice therefor, all funds for which City is responsible pursuant to the approved final Contract and this Agreement; e. Reimburse ACHD for all additional costs incurred by ACRD, up to a maximum of five percent (5%) of City's construction costs, including overhead and benefits, project INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.306007 PAGE 2 OF 6 administration, compaction testing, and soils work required solely for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities, which reimbursement shall be calculated as the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements made by City, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; f. Reimburse ACHD 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. Be liable for the cost of repairing any trench failures attributable to failure of potable water and sanitary sewer utilities; and h. Reimburse ACHD for any additional costs to ACHD attributable to the installations, adjustments, relocations, and abandonments of City's portion of the potable water and sanitary sewer utilities or to the removal of any or all items from the Contract that are associated with the installation of potable water and sanitary sewer utilities. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. Prior to commencement of work by the Contractor, the Parties, together with the Contractor, shall inspect the entire Project for the purpose of locating and resolving any items of concern or misunderstanding; 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 Agreement represent and warrant 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 party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, 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 for 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 parties hereto; g. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation 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 Idaho; INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.306007 PAGE 3 OF 6 i. This Agreement and the exhibits hereto constitute the full 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 the parties 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. If 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 Agreement 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 required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACHD and City; m. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. n. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for 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 AGREEMENT FOR ACRD PROJECT N0.306007 PAGE 4 OF 6 IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: ebecca W. Arnold Director President, Board of Commissioners ATTEST:4�0V- 'ED A LrC, ITY OF MERIDIAN City of 1� . E IDI By. �p No Jaycee Holman ��� SEAL 1ti Ta e Weerd City Clerk r be TRE A9 Ma o y STATE OF IDAHO ) ss. COUNTY OF ADA ) On this y , 2012, before me, a notary public in and for said state, personally appeared REB CCA ARNOLD 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. 141 , Nw A00 ;e ,* Notafy Public for Idaho Residing at, ' . ` -_ �._ f �_ , Idaho My commission expires: INTERAGENCY AGREEMENT FOR ACHD PROJECT NO. 306007 PAGE 5 OF 6 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this --J day of 2012 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. .••�G- k `Ja�/}••. i 10TA,, • 44 O ,p % . Notary Public for Idaho �+�� Residingfo at �� 1 Idaho *10040060;of. ftuf • My commission expires: n LA • INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.306007 PAGE 6 OF 6 DATE: May 22, 2012 IT : 6 PROJECT NUMBER: ITEM TITLE: Idaho Power Non -Disclosure Agreement to Acquire Transmission Line Locations from Idaho Power Company Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS An IDACORP Company IPC CMNo.: NONDISCLOSURE AND CONFIDENTIALITY AGREEMENT This Nondisclosure and Confidentiality Agreement (the "Agreement") is made and entered into this 24th day of February, 2012, by and between Idaho Power Company ("Idaho Power") whose address is 1221 W. Idaho Street, Boise, Idaho 83702, and City of Meridian ("Recipient") whose address is 33 E. Broadway Avenue, Meridian, ID 83642. Idaho Power and Recipient are hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties." WHEREAS, Idaho Power is the owner of certain information which it considers confidential and proprietary to Idaho Power; and WHEREAS, Idaho Power desires to protect the confidentiality of, maintain its rights in, and prevent the unauthorized use and disclosure of such information; and WHEREAS, Recipient may be given, have access to, discover, or otherwise obtain such information in the process of providing services to Idaho Power; and WHEREAS, Idaho Power will only allow Recipient to perform services for Idaho Power on the condition that Recipient does not use such information contrary to the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations and undertakings, the sufficiency of which is acknowledged, Idaho Power and Recipient agree as follows: 1. CONFIDENTIAL INFORMATION: As used in this Agreement, "Confidential Information" means all information of Idaho Power Company that is not generally known to the public at the time such information is disclosed by Idaho Power to Recipient or otherwise obtained by Recipient, whether of a technical, business or other nature (including, without limitation, trade secrets, know how, and information relating to technology, customers, business plans, promotional and marketing activities, finances and other business affairs of Idaho Power), that is disclosed by Idaho Power to Recipient or otherwise obtained by Recipient. Confidential Information does not include information that: (a) was known to Recipient at the time of receipt from Idaho Power, so long as such information was not acquired directly or indirectly from Idaho Power; (b) is or becomes known to Recipient from a third party without an obligation to maintain its confidentiality; (c) is or becomes generally known to the public through no act or omission of Recipient; or (d) is independently developed by Recipient without the use or knowledge of Confidential Information of Idaho Power, 2. USE AND NONDISCLOSURE OF CONFIDENTIAL INFORMATION: Recipient, except as expressly provided in this Agreement, shall not disclose Confidential Information to anyone without Idaho Power's prior written consent. The Recipient shall not use, IPC NDA LGL 015 4/13/09 -1- DR or permit others to use, Confidential Information for any purpose other than providing services to Idaho Power. Recipient shall take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information, including, at a minimum, those measures it takes to protect its own confidential information of a similar nature. 3. RECIPIENT'S PERSONNEL: Recipient shall restrict the possession, knowledge, development and use of Confidential Information to its employees, agents, subcontractors and other entities controlled by it (collectively, "Personnel") who have a need to know the Confidential Information in connection with the services provided to Idaho Power and who are informed of the confidential nature of the Confidential Information and who agree to be bound by the terms and conditions of this Agreement. Recipient's Personnel shall have access only to Confidential Information they need in connection with the services provided to Idaho Power, 4. DISCLOSURES TO GOVERNMENTAL ENTITIES: If Recipient becomes legally obligated to disclose Confidential Information to any governmental entity with jurisdiction over it, Recipient shall give Idaho Power prompt written notice sufficient to allow Idaho Power to seek a protective order or other appropriate remedy. Recipient shall disclose only such information as is required by the governmental entity and shall use its reasonable best efforts to obtain confidential treatment for any Confidential Information that is so disclosed. 5. OWNERSHIP OF CONFIDENTIAL INFORMATION: All Confidential Information shall remain the exclusive property of Idaho Power, and Recipient will have no rights, by license or otherwise, to use Confidential Information except as expressly provided herein. 6. RETURN OF CONFIDENTIAL INFORMATION: Recipient shall promptly return or destroy, and verify in writing its destruction of, all tangible material embodying Confidential Information (in any form and including, without limitation, all summaries, copies and excerpts of Confidential Information) upon the earlier of (i) the completion or termination of the services being provided by Recipient to Idaho Power, or (ii) Idaho Power's written request. 7. INJUNCTIVE RELIEF: Recipient acknowledges that disclosure or use of Confidential Information in violation of this Agreement could cause irreparable harm to Idaho Power for which monetary damages may be difficult to ascertain or an inadequate remedy. Recipient therefore agrees that Idaho Power will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief against Recipient and its Personnel for any violation or threatened violation of this Agreement. 8. RESPONSIBILITY; TERMINATION: Recipient shall be wholly responsible for maintaining the secrecy and confidentiality of the Confidential Information disclosed by Idaho Power to Recipient or otherwise obtained by Recipient, and shall be responsible in this regard for the actions and activities of all its Personnel. IPC NDA LGL 015 4/13/09 -2- DR Any breach of this Agreement by Recipient or Recipient's Personnel shall result in immediate termination of all contracts between Idaho Power and Recipient or Recipient's company for providing services to Idaho Power, In addition, legal action shall be taken by Idaho Power against Recipient and/or Recipient's company as Idaho Power deems appropriate. 9. DURATION OF AGREEMENT; SURVIVAL OF OBLIGATIONS: This Agreement shall remain in force for a period of three (3) years from the date hereof notwithstanding that the Confidential Information may have been returned or copies destroyed prior to the expiration of this time period. Regardless, the termination of this Agreement and the return or destruction of the Confidential Information in accordance with this Agreement shall not affect any of the Recipient's obligations with respect to disclosure or use of the Confidential Information, which shall survive termination. 10. INDEMNIFICATION: Recipient agrees, to the extent allowed by law, to protect, defend, indemnify, and hold harmless Idaho Power, its officers, directors, agents and employees against and from any and all liability, suits, loss, damages, claims, actions, costs and expenses of any nature, including court costs and attorneys fees, growing out of injury to or death of any person or persons and any and all destruction of, loss of or damage to property arising in any way in connection with, or related to, Recipient breaching any term or condition of this Agreement. 11. ATTORNEY FEES: If any action is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to its costs and reasonable attorney fees, whether or not suit is prosecuted to judgment. 12. LIMITED RELATIONSHIP: This Agreement does not create a joint venture, partnership or any other formal or informal business relationship or entity of any kind, or any obligation to form any such relationship or entity. Each Party is acting as an independent contractor and not as an employee or agent of the other Party for any purpose, and neither shall have the authority to bind the other. 13. CUMULATIVE OBLIGATIONS: Each Party's obligations hereunder are in addition to, and not exclusive of, any and all of its other obligations and duties to the other Party, whether express or implied, in fact or in law. 14. NONWAIVER: The waiver by either Recipient or Idaho Power of a breach of any provision hereof must be in writing and shall not constitute a waiver of a similar breach in the future, or of any other breach, or nullify the effectiveness of such provision, 15. NO ASSIGNMENT: Neither Party may assign all or any part of this Agreement without the other Party's prior written consent, which consent shall not be unreasonably withheld or denied. This Agreement shall be binding on and inure to the benefit of each Party's successors and assigns. IPC NDA LGL 015 4/13/09 -3. DR 16. GOVERNING LAW, ETC.: This Agreement shall be governed, interpreted and construed in accordance with the laws of the state of Idaho, without reference to its choice of law rules, and may be executed in several counterparts. The venue of any action shall be Ada County, Idaho. If a provision of this Agreement is held invalid under any applicable law, such invalidity will not affect any other provision of this Agreement that can be given effect without the invalid provision. Further, all terms and conditions of this Agreement shall be deemed enforceable to the fullest extent permissible under applicable law. (Signature page immedlately follows) IN WITNESS WHEREOF, the Parties have entered into this Agreement effective as of the day and year first hereinabove written. RECIPIEN Signature (� Printed Name Signor iilaaey= Title of SlginorU Date IPC NDA LGL 015 4/13/09 -4- DR DATE: May 22, 2012 IT : 6H PROJECTU ITEM TITLE: Lease Agreement w/ TV Scoopers, LLC (DBA Matt's Snack Shack) and the City of Meridian for Concessions Operations at Julius M. Kleiner Memorial Park Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ytu iyut,iyuti uyityi i uytuyi uy i uyi uy i uyi u u i u i i u i 8y5688y LEASE AGREEMENT CONCESSIONS OPERATIONS AT JULIUS M. KLEINER MEMORIAL PARK THIS LEASE AGREEMENT (the "Lease") is entered into by and between The City of Meridian, ("Landlord"), and TV Scoopers LLC, dba Matt's Snack Shack, ("Tenant"), effective the 2-4 day of May, 2012 (the "Effective Date"). In this Lease, Landlord and Tenant may be referred to individually as a"Party" or collectively as the"Parties" as appropriate under the circumstances. 1. BASIC LEASE PROVISIONS. The following is a summary only and reference should always be made to the full Lease provisions and in case of any conflict with the balance of the Lease, the latter shall control. LANDLORD'S ADDRESS FOR NOTICES: TENANT'S ADDRESS FOR NOTICES: The City of Meridian Attention: City Clerk. 33 East Broadway Avenue Meridian, ID 83642 Matt's Snack Shack Attn: Matt Groll 2191 W. Anatole St. Meridian, ID 83646 DESCRIPTION OF PREMISES: Portions of the property commonly known and described as the Concession Building adjacent to the Splash Pad at Julius M. Kleiner Memorial Park, (the `Building" and/or "Premises"), TERM: The term of this Lease shall begin on the first day of operation for the 2012 season (the "Effective Date") and shall end no later than September 30, 2014. OCCUPANCY OF THE PREMISES: Tenant shall be deemed to have occupied the Premises for purposes of commencing the Term as of the Effective Date. RENT COMMENCEMENT DATE: Rent shall commence as of the Effective Date. SCOPE OF SERVICES: See Attachment A RENT: See Attachment B. PERMITTED USE: Tenant may use the Premises for food preparation and food sales, consistent with the requirements and standards established by applicable federal, state, city and health department laws, ordinances, regulations and resolutions. 2. AGREEMENT TO LEASE. In consideration of the payment of Rent, and other sums to be paid by Tenant to Landlord pursuant to this Lease (collectively referred to hereinafter as "Rent") and the performance of the other covenants and agreements in this Lease (Including those set forth in Section 1 and on Attachment A), Landlord leases to Tenant the Premises, together with and subject to all conditions, restrictions, obligations, rights, privileges, easements and appurtenances. Landlord shall have provided Tenant with copies of any easements, and use or restrictive agreements affecting the Building prior to the Effective Date, 3. TERM. The Term shall commence on the Effective bate. 4. RENT AND ADDITIONAL PAYMENTS 4.1. Rent. Beginning with the Effective bate, Tenant shall pay to Landlord at Landlord's address in Section 1 of this Lease, Rent according to the Payment Schedule set forth in Attachment B. 4.2 Utilities. This Lease includes the cost and expenses for all utilities in connection with the Premises, including the cost of electricity or other fuels or power sources, water and sewer services, and waste disposal services. Land line telephone service is not available at the premises. S. USES 5.1. General Use. The Premises shall be used only for the uses set forth in Section 1 ("Permitted Uses") and for no other purpose. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance or other act in or about the Premises that disturbs the quiet enjoyment of Landlord. Tenant, at Tenant's sole expense, shall comply with all laws and regulations relating to its use or occupancy of the Premises. Furthermore, on a daily basis, Tenant shall insure that the area within and immediately adjacent to concession area of the Building is kept clean and free of all debris and litter caused or created by the concession operation. 5.2. Tenant Compliance With ADA. Tenant shall not enter into any change of use of the Premises, whether approved by Landlord or not, if such change in use would result in increased liability of Landlord under the Americans With Disabilities Act of 1990, Public Law No. 101-336,42 USC 12101 et, sect. as it may be amended from time to time (the "ADA"), LEASE AGREEMENT 2 5.3. No Hazardous Substances. Tenant agrees not to use, store or deposit any substance that is hazardous or dangerous to person, property or the environment (or any similar substance) as now or hereafter defined by or determined pursuant to any applicable state or federal law or regulation in amounts exceeding legally permissible levels ("Hazardous Substance") in, on or about the Premises. 5.4. Insurance Risks. Tenant will not do or permit to be done any act or thing upon the Premises or the Building which would (a) jeopardize or be in conflict with fire insurance policies covering the Building and fixtures and property in the Building; (b) increase the rate of any insurance applicable to the Building to an amount higher than it otherwise would be for the general use of the Building; or (c) subject Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Premises. G. PERSONAL PROPERTY TAXES. If applicable, Tenant shall pay, prior to delinquency, all personal property taxes payable with respect to all Property of Tenant located on the Premises. "Property of Tenant" shall mean and include all personal property of Tenant including inventory, equipment, floor, ceiling and will coverings, furniture and trade fixtures kept or used on or installed in the Premises and any improvements to the Premises that are owned by and separately assessed to Tenant. 7. ASSIGNMENT AND SUBLETTING. Tenant shall not, without first obtaining the Landlord's consent: (a) sell, assign, mortgage, or transfer this Lease (or any interest therein); (b) sublease all or any portion of the Premises; or (e) allow the use or occupancy of the Premises by anyone other than Tenant. No assignment or sublease shall relieve the Tenant of any liability under this Lease, unless Landlord consents in writing to accept such assignment or sublease as a whole or partial novation, Notwithstanding the foregoing, any transfer of this Lease by merger, consolidation or liquidation of Tenant shall not constitute an assignment hereunder. 8. SURRENDER OF PREMISES; REMOVAL OF PROPERTY. Subject to the terns of Section 12, upon expiration of the Term or earlier termination of the Lease, whether by lapse of time or otherwise (including any holdover period, as described herein in Section 18), Tenant at its expense shall: (a) remove the Property of Tenant and the personal property of all persons claiming under Tenant; (b) repair and restore the Premises to a condition as good as received by Tenant from Landlord or as thereafter improved, reasonable wear and tear excepted; and (c) promptly and peacefully surrender the Premises. Any property left on the Premises after the expiration or termination of the Term shall be deemed to have been abandoned and to have become the property of Landlord to dispose of as Landlord deems expedient. Tenant shall be liable for all costs associated with the disposal of such property. Tenant hereby waives all claims for damages that may be caused by Landlord's reentering and taking possession of the Premises or removing and storing the Property of Tenant and other property as herein provided. No such reentry shall be considered or construed to be a forcible entry. Tenant shall indemnify Landlord against any loss or LEASE AGREEMENT 3 liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by a succeeding tenant founded on such delay. 9. CONDITION OF PREMISES; ALTERATIONS. 9.1. Condition of Premises. Landlord has not made any representations or promises whatsoever with respect to the Premises and Tenant is relying on its own investigation and inspection of the Premises and its own determination of the suitability of the Premises, physically and legally, for its intended use. The parties acknowledge the condition of the kitchen equipment owned by the Landlord, as described in Attachment C. The parties further acknowledge that all of such equipment shall be placed in good working order by the Effective Date at Landlord's sole expense. 9.2. Alterations. Tenant shall make no additions, changes, alterations or improvements to the Premises or any electrical, mechanical or fixe protection facilities pertaining to the Premises without the prior written consent of Landlord. Tenant shall be responsible for any and all code requirements resulting from any additions, changes, alterations or improvements to the Premises. 10. SERVICES AND MAINTENANCE. 10.1. Operation and Maintenance. Tenant agrees to repair and maintain the equipment listed in Attachment C. During the Term, Landlord shall repair and maintain the structural portions of the Building, including, but not limited to, the electrical systems, roof, and structural integrity of the Building, unless such maintenance or repairs are required as a result, in whole or in part, of the act of, or neglect of any duty by, Tenant, its agents, servants, employees, or invitees, in which event Tenant shall pay to Landlord the reasonable cost of such maintenance or repairs within ten (10) days of Tenant's receipt of Landlord's bill therefor identifying the costs and expenses thereof, 10.2. Entry and Inspection. Landlord at all reasonable times (and at any time in case of emergency) may enter the Premises for the purpose of inspection, cleaning, repairing, altering, maintaining or improving the Premises or the Building subject to Tenant's reasonable security requirements and reasonable client confidentiality requirements, 11. LIENS. Tenant agrees that it will pay or cause to be paid all costs for work done by Tenant on the Premises, and Tenant will keep the Premises free and clear of all mechanics' liens on account of work done by Tenant or persons claiming under Tenant. Tenant agrees to defend, indemnify and save Landlord free and harmless against liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to Tenant or persons claiming under Tenant. LEASE AGREEMENT If Tenant shall desire to contest any claim of lien, it shall furnish Landlord adequate security for the value or in the amount of the claim, plus estimated costs and interest, or a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose has been filed and Tenant shall not have furnished Landlord adequate security as more particularly provided above, then, in order to protect the Premises and Landlord against such claim of lien, Landlord may (but shall not be required) pay the claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant agrees to and shall pay the same. Should any claims of lien be filed against the Premises or any action affecting the Premises be commenced, the Party receiving notice of such lien or action shall forthwith give the other Party written notice thereof. 12. EARLY TERMINATION DUE TO DAMAGE OR DESTRUCTION. In the case of damage to the Premises or Building by fire or other casualty, Tenant shall immediately notify Landlord. If the Premises or Building are damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Landlord, will equal or exceed 10% of the replacement value of the Premises or Building, as the case may be, prior to the occurrence of the damage, or if insurance proceeds sufficient for full restoration are unavailable for any reason, then either Party no later than the 90th day following the damage may give the other Party a notice of that Party's election to terminate this Lease. In the event of such election, this Lease shalt be deemed to terminate on the Mrd day after the giving of such notice, and Tenant shall surrender possession of the Premises within a reasonable time thereafter. If the cost of restoration as reasonably estimated by Landlord shall amount to less than t0% of said replacement value of the Premises or .Building, as the case may be, and insurance proceeds sufficient for restoration are available, or if Landlord does not elect to terminate this Lease under this Section, then Landlord shall restore the Premises with reasonable promptness, subject to delays beyond Landlord's control, and Tenant shall have no right to terminate this Lease. 13. INDEMNIFICATION. 13.1. By Tenant. Tenant agrees to indemnify and hold Landlord and Landlord's employees, and agents harmless against all actions, claims, demands, costs, damages or expenses of any Kind on account thereof including, without limitation, attorneys' fees and costs of defense, which may be brought or made against Landlord or which Landlord may incur, by reason of Tenant's negligent or willful act or omission, 13.2. By Landlord. Landlord agrees to indemnify and hold Tenant and Tenant's members, directors, officers, employees, and agents harmless against all actions, claims, demands, costs, damages or LEASE AGREEMENT 5 expenses of any kind on account thereof including, without limitation, attorneys' fees and costs of defense, which may be brought or made against Tenant, or which Tenant may pay or incur, by reason of Landlord's negligent or willful act or omission. 14. INSURANCE. 14.1. Comprehensive Liability Insurance. Tenant shall purchase and maintain throughout the term of this lease in force with an insurance carrier acceptable to Landlord a policy of commercial general liability insurance covering the activities of Tenant in connection with the Premises, having a combined single limit of not less than $1,000,000.00 per person and per occurrence and property damage liability insurance with a limit of not less than $1,000,000 per accident or occurrence. The insurance shall insure against any and all liability of Tenant with respect to the Premises and any other portions of the Building used or useable by Tenant. Landlord shall also maintain a Liability Insurance policy to cover the property. The tenant shall cause the Landlord to be named as an additional insured on the tenant's commercial general liability insurance policy. 14.2. Personal Property Insurance. Tenant shall purchase and maintain in force insurance covering all of Tenant's and Landlords furniture and fixtures, machinery, equipment, inventory, and other personal property owned and used in Tenant's business and found in, on, or about the Premises or the Building, and any leasehold improvements to the Premises, if any, in an amount not less than 100% of the full replacement cost. All policy proceeds will be used for the repair or replacement of the property damaged or destroyed regardless of the causes of such damage; however, if this Lease ceases under the provisions of Section 12, Tenant will be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery, equipment, inventory, and any other personal property, The tenant shall cause the Landlord to be named as an additional insured on the tenant's personal property insurance policy. 14.3. Casualty Insurance. Landlord shall maintain insurance on the Building (excluding any fixtures and 'items which Tenant is entitled to utilize or required to remove, which insurance Tenant shall provide) against damage by fire and the perils now specified in the most current standard extended coverage endorsement in an amount equal to the replacement cost of the Building as reasonably determined by Landlord, exclusive of the cost of excavations, foundations, and footings. The insurance provided for in this Section may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Landlord. 14.4. Policy Form. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Tenant shall be on forms and with loss payable clauses satisfactory to Landlord naming Landlord as additional insured and copies of policies of such insurance or certificates issued by the insurance company evidencing the existence and amounts of LEASE AGREEMENT 6 such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace such insurance at least thirty (30) days prior to the expiration date of such policy shall constitute a material default under the terms of this Lease. All policies of insurance provided by Tenant may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Tenant. 14.5. Failure of Tenant to Insure. In the event the Tenant shall fail to purchase and keep in force any of the insurance required of the Tenant in Section 14, the Landlord has the right to terminate the lease. The Landlord may, but shall not be required to, purchase and keep in force the same, in which event the Tenant shall pay to the Landlord the full amount of the Landlord's expenses with respect thereto, said payment to be made within ten (10) days after demand for such payment by the Landlord. 15, SIGNS. Tenant shall be permitted to place temporary signage on or about the Building subject to Landlord's approval. The tenant shall initiate, obtain approval and comply with all applicable codes. All signs placed by Tenant permitted under this Section shall be at Tenant's sole cost and expense and shall be constructed, designed and located in accordance with all laws, rules, regulations and ordinances of any and all governmental authorities having jurisdiction over such signs. Upon termination of this Lease, Tenant shall remove all of Tenant's signs and sign fascia at Tenant's sole cost and expense and repair any resulting damage to the Premises and the Building in a good and workmanlike manner. 16. CONDEMNATION. 16.1. Entire Taking. If all of the Premises or the Building or such portions of the Building as may be required for the reasonable use of the Premises, are taken by eminent domain or conveyance in lieu thereof (a "Taking"), this Lease shall automatically terminate as of the date title vests in the condemning authority and all Rent shall be pro rated to that date. A sale by Landlord under a threat of condemnation or while condemnation proceedings are pending shall be deemed a Taking. 16.2. Partial Taking. In the event of a Taking of a part of the Building, and if Landlord determines that the Building should be restored in such a way as to alter the Premises so as to reduce the floor area of the Premises by more than 15% of such floor area immediately prior to the Taking, either Party may terminate this Lease by notifying the other Party of such termination within sixty (60) days following the date of such Taking. Upon notification, this Lease shall terminate on the date specified in the notice, but no sooner than thirty (30) days from the date of such notice, and the Rent hereunder shall be pro rated as of such date. Subject to the foregoing provisions of this Section 16.2, in case of a Taking of a portion of the Building not required for the reasonable use of the Premises, then this Lease shall continue in full force and effect and there shall be no abatement of Rent. LEASE AGREEMENT 16.3. Awards and Damages. Landlord reserves all rights to damages to the Premises and the Building for any Taking and Tenant shall make no claim against Landlord or the condemning authority for damages for termination of the leasehold interest. Tenant shall have the right however, to claim and recover from the condemning authority compensation for any loss to which Tenant may be entitled for Tenant's moving expenses, business interruption or Taking of Property of Tenant (not including Tenant's leasehold interest), to the extent that such loss is awarded separately in the eminent domain proceeding and not out of or as part of the damages recoverable by Landlord. 17. DEFAULT; REMEDIES. 17,1. Events of Default. The occurrence of any of the following events shall constitute a material default and breach of this Lease ("Event of Default") by Tenant: 17.1.1. Tenant fails to pay any installment of Rent within ten (10) days following its due date without the requirement of written notice or demand; 17.1.2. Tenant fails to pay any other sum payable under this Lease within ten (10) days after written demand therefor is delivered to Tenant; 17.1.3. The default by Tenant in the performance of any of Tenant's covenants, agreements or obligations hereunder (excluding a default in the payment of Rent or other monies due) which continues for thirty (30) days after written notice thereof is delivered to Tenant by Landlord; provided if the alleged default cannot be cured within a thirty (30) day period, then Tenant will not be deemed to be in default if Tenant commences to cure the Event of Default within the thirty (30) day period and proceeds diligently to complete such cure; 17.1 A. A general assignment by Tenant for the benefit of creditors; 17.1.5. The filing of a voluntary petition in bankruptcy, the filing for an arrangement, or the filing of a voluntary or involuntary petition for reorganization or the filing of an involuntary petition by Tenant's creditors which remains undischarged for a period of sixty (60) days; or 17,1.6. Tenant is the subject of a receivership, attachment or other judicial seizure of substantially all of Tenant's assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereon or 17.1.7. Tenant fails to obtain and maintain the insurance described in Section 14. 17.1,$. If Landlord determines that a life and/or safety situation exists due to the Tenant's acts and/or omissions excluding a default in the payment of rent or other monies due to the Landlord. LEASE AGREEMENT 17.2. Landlord's Remedies. In the event of an Event of Default by Tenant, Landlord shall have all rights and remedies available at law or in equity. The rights, privileges, elections and remedies of Landlord set forth in this Lease or allowed by law or equity are cumulative and the enforcement by Landlord of a specific remedy shall not constitute an election of remedies and/or a waiver of other available remedies. In the event of a material default, Landlord's remedies shall include, but not be limited to the following: 17.2.1. Terminate this Lease by written notice on the earliest date permitted by law or on any later date specified in such notice, in which case Tenant's right to possession of the Premises will cease and this Lease will be terminated, except as to Tenant's liability; 172.2. Without further demand or notice, reenter and take possession of the Premises, repossess the same, expel Tenant and those clamming through or under Tenant, and remove the effects of both or either, without being liable for prosecution, damage or otherwise and without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or other amounts payable under this Lease or as a result of any preceding Event of Default; 17.2.3, Without further demand or notice, cure any Event of Default, and charge Tenant as additional rent the cost of effecting such cure, including without limitation reasonable attorneys' fees and interest on the amount so advanced at 10% per annum; 17.2.4. Without further demand or notice, accelerate the payment of all Rent and other monetary sums payable by Tenant for the balance of the Tenn and upon any such election such sums shall be immediately due and payable in full. Should Landlord elect to reenter as provided in Section 17.2.2 or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided by law, Landlord may, from time to time, without terminating this Lease, relet the Premises or any part of the Premises in Landlord's or Tenant's name, but for the account of Tenant, on commercially reasonable terms and conditions as Landlord, in its reasonable discretion may so choose. Landlord will in no way be responsible or liable for any failure to relet the Premises, or any part of the Premises, or for any failure to collect any rent due upon such reletting. No such reentry or taking possession of the Premises by Landlord will be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant. No written notice from Landlord under this Section or under a forcible or unlawful entry and detainer statute or similar law will constitute an election by Landlord to terminate this Lease unless such notice specifically so states. Landlord reserves the right following any such reentry or reletting to exercise its right to terminate this Lease by giving Tenant such written notice, in which event this Lease will terminate as specified in such notice. If Tenant should abandon, vacate or surrender the Premises or be dispossessed by process of law, any personal property left upon the Premises may be deemed abandoned, or, at the option of Landlord, on such reentry Landlord may take possession of any and all furniture, fixtures or chattels in or on the Premises and Sell the same or dispose of at tenant's expense. LEASE AGREEMENT 17.3. Landlord's Default, The occurrence of any of the following events shall constitute an event of default by Landlord: 1'7.3.1. The default by Landlord in the performance of any of Landlord's covenants, agreements or obligations under the Lease which continues for thirty (30) days after written notice thereof is delivered to Landlord by Tenant; provided if the alleged default cannot be cured within a thirty (30) day period, then Landlord will not be deemed to be in default if Landlord commences to cure the event of default within the thirty (30) day period and proceeds diligently to complete such cure. 18. NO HOLDING OVER. Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up possession to Landlord. If Tenant remains in possession of all or any part of the Premises after the expiration of the Term, with or without the express or implied consent of Landlord, such tenancy shall be from month to month only, and not a renewal hereof or an extension for any further term, and in such case Rent and all other monetary sums due hereunder, shall be payable in the amount and at the time specified in this Lease and such month to month tenancy shall be subject to every other term, covenant and agreement contained herein. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the Term of this Lease or upon the earlier termination thereof, the right to re-enter the Premises, and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holding over. 19. PARKING. Tenant, its agents, employees, guests and invitees, shall have the nonexclusive right to use the parking areas owned or controlled by Landlord. 20. GENERAL PROVISIONS. 20.1. Notices. All notices under this Lease shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested, postage prepaid, or sent by facsimile or overnight courier (i.e. Federal Express) to Landlord and to Tenant at the addresses set forth in Section 1, or to such other addresses as may from time to time be designated by any such Party in writing. Notices mailed as aforesaid shall be deemed given 3 days after the date of such mailing or upon the date of receipt if delivery is made in person or via overnight courier. Notices given by facsimile shall be deemed given when confirmed by telephone, 20.2. Costs and Attorneys' Fees. In the event of any controversy, claim or action being filed or instituted between the Parties to enforce the terms and conditions of this Lease, or arising from the breach of any provision hereof, the prevailing Party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorneys' fees including fees on appeal and for bankruptcy LEASE AGREEMENT 10 proceedings, incurred by the prevailing Party, whether or not such controversy or claim is litigated or prosecuted to judgment. The prevailing Party will be that Party who was awarded judgment as a result of trial or arbitration, or who receives a payment of money from the other Party in settlement of claims asserted by that Party. 20.3. Mediation Any disputes between the Parties in connection with the rights and obligations under this Lease, shall be settled by mediation upon the request of any Party and the mutual agreement of both parties. Mediation shall be a required precursor to Iitigation filed regarding this Agreement. All costs associated with Mediation shall be shared equally by the parties. 20.4. Estoppel Certificate. Landlord or Tenant shall at any time upon not less than ten (10) days prior written notice from the respective Landlord or Tenant execute, acknowledge and deliver to Landlord or Tenant as necessary a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Landlord or Tenant's respective knowledge, any uncured defaults on the part of Landlord or Tenant hereunder, or specifying such defaults if they are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrance of the Premises or the Building. Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance. 20.5. Nonwaiver. Waiver by Landlord of any term, covenant or condition herein contained or any breach thereof shall not be deemed to be a waiver of such term, covenant, or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of any Rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. 20.6. Warranties of Tenant. Tenant warrants and represents to Landlord, for the express benefit of Landlord, that (a) 'Tenant has undertaken a complete and independent evaluation of the risks inherent in the execution of this Lease and the operation of the Premises for its use permitted hereby, and that, based upon said independent evaluation, Tenant has elected to enter into this Lease and hereby assumes all risks with respect thereto; (b) no oral or written inducement(s) to execute this Lease have been made to Tenant; (c) in entering into this Lease, Tenant relies upon no statement, fact, promise or representation (whether express or implied, written or oral) not specifically set forth herein in writing; and (d) any statement, fact, promise or representation not expressly contained herein shall in LEASE AGREEMENT I 1 no way bind Landlord, and Tenant hereby waives any right, rescission and all claims for damages by reason of any statement, fact, promise, representation, if any, not contained in this Lease. On the basis of the foregoing warranties and representations of Tenant, Landlord is willing to enter into this Lease. In the event any of such warranties or representations of Tenant herein contained shall be inaccurate or untrue Landlord may, in addition to all other rights of Landlord at law or equity, terminate the Lease at any time thereafter upon written notice to Tenant, 20.7. Nondiscrimination and Nonsegregation. Each Party covenants by and for itself and its heirs, executors, administrators and assigns, and all persons claiming under or through such Party that this Lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Premises, nor shall any person claiming under or through that Party, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendors in the Premises. 20.8. Miscellaneous. Titles or captions to sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. All Attachments to this Lease are incorporated into, and become a part of, the Lease upon attachment thereto. Subject to the restrictions on assignment incorporated in Section 7, all of the covenants, agreements, terms and conditions contained in this Lease shall inure to and be binding upon Landlord and Tenant and their respective heirs, executors, administrators, successors and permitted assigns. This Lease contains all covenants and agreements between Landlord and Tenant relating in any manner to the leasing, use and occupancy of the Premises and Tenant's use of the Building and other matters set forth in this Lease. No prior agreements or understandings pertaining to the same shall be valid or of any force or effect and the covenants and agreements of this Lease shall not be altered, modified or added to except in writing signed by Landlord and Tenant. Any provision of this Lease that shall prove to be invalid, void or illegal shall in no way affect, impair or 'invalidate any other provision hereof and the remaining provisions hereof shall remain in full force and effect. Time periods for performance under any provisions of this Lease shall be extended for periods of time during which performance is prevented due to circumstances beyond either Party's control, except for Tenant's obligations to pay Rent hereunder, including, without limitation, strikes, embargoes, shortages of labor or materials, governmental regulations, acts of God, war or other strife. This Lease shall be governed by and construed in accordance with the laws of the State of Idaho, Time is of the essence of this Lease. This Lease may be executed in two or more counterparts, each of which shall constitute an original and all of which shall be one and the same agreement. The word "day" means "calendar day" herein unless otherwise expressly stated and the computation of time shall include all Saturdays, Sundays and holidays for purposes of determining time periods specified herein, LEASE AGREEMENT 12 20.9 Broker Each Party represents and warrants to the other Party ("Non -breaching Party") that it has not engaged any broker, finder or other person (except as disclosed in this Section) who would be entitled to any commission or fees in respect to the negotiation, execution or delivery of this Lease and each Party shall indemnify and hold the Non -breaching Party harmless from and against any loss, cost, liability or expense incurred by the Non -breaching Party as a result of any claim asserted by any such broker, finder or other person based on any arrangements or agreements made or alleged to have been made by or on behalf of the Party. IN WITNESS WHEREOF, the Landlord and the Tenant have entered into this Lease effective as of the Effective Date hereof. LANDLORD: THE CITY OF MERIDIAN ATTEST: By Tammy aeerd, Mayor ZGO'sO�pCEDAUCU 7f9Qi+ Sl. A City of Jaycee Holman, City Clerk ;��y SEAL rid °� lie Tf E�6t.000 ,0 TENANT: TV Scoopers, dba Matt's Snack Shack By Matt Groll LEASE AGREEMENT 13 Attachment A SCOPE OF SERVICES A. Regular Weekday and Weekend Concession Building Services (Julius M. Kleiner Memorial Park): 1. Minimum dates of operation each year during the term of this agreement shall coincide with the dates of operation for the splash pad at Julius M. Kleiner Memorial Park. As opening and closing dates of the splash pad may vary based on weather, Landlord will communicate to Tenant the planned opening and closed dates each year. Typical season dates are from the Friday before Memorial Day until the middle of September. 2. Minimum times of operation are 11:00am-7:OOpm, Monday through Sunday during days when the splash pad is open. 3. Additional dates and/or times of operation may be requested by Landlord based on activities scheduled at the park. 3. Tenant may choose to stay open during dates and times that exceed the minimums listed above. Tenant is required to seek approval of the Recreation Coordinator for operating hours and maintain a consistent schedule throughout the season. The parr opens at sunrise and closes at sunset unless otherwise ordered or allowed by the Parks and Recreation Director in writing. 4. Exceptions to the minimum dates and hours of operation may be allowed in the event of adverse weather or other prohibitive conditions. B. Additional Concession Building Requirements. 1. Tenant is required to have swim diapers available for sale at all times during open hours. Swim diapers must be sold for $1 each. 2. Tenant is required to have at least 2 bocce ball sets, one volleyball, and 2 basketballs available for rent at all times during open hours. 3. Tenant must have or obtain all necessary Central District Health Department permit. 4. Tenant must provide a copy of their current liability insurance policy with the City of Meridian named as additionally insured. S. Tenant must provide fingerprints and undergo a criminal background check. 6. if employing one or more persons to work in the concessions building, Tenant must provide worker's compensation insurance and require all employees to undergo a criminal background check. LEASE AGREEMENT 14 Attachment B PAYMENT SCHEDULE A. Fees for the above listed concession building services shall be paid to the City, upon verification of sales, on a monthly basis no later than the 10'h of the following month. Copies of daily cash register receipts must be submitted weekly and will be used to verify monthly totals. B. Tenant shall keep a full and accurate set of books, adequately showing gross receipts received during each month for all operations associated with this Lease Agreement and shall with reasonable notice, allow Landlord to inspect said books and receipt records. TASK DESCRIPTION AMOUNT A. Regular Weekday and Weekend Concession Building Services 30% of gross sales LEASE AGREEMENT 15 Attachment C LIST OF LANDLORD'S FIXTURES 1. Three compartment sink 2. Handwashing Sink 3. Mop Sink LEASE AGREEMENT 16 DATE: May 22, 2012 ITEM NUMBER: 61 Ia w ITEM TITLE: Resolution •' f Lease Agreement with TV Scoopers, LLC (DBA Matt's Snack Shack) and the City of Meridian for Concessions Operations at Julius M. Kleiner Memorial Park 40 reW- VY Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 12 - BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND TV SCOOPERS, LLC DBA MATT'S SNACK SHACK FOR THE CONCESSION BUILDING AT THE JULIUS M. KLEINER MEMORIAL PARK ON LAND OWNED BY CITY OF MERIDIAN AND LOCATED AT 1900 N. RECORDS AVENUE, IN THE CITY OF MERIDIAN, ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City owns real property located at 1900 N. Records Avenue, Meridian, Ada County, Idaho, and has constructed a concession building adjacent to the splash pad (the concession building hereinafter referred to as "Lease Premises"); and, WHEREAS, City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which the judgment of the city council deems to be in the public interest; and, WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to TV Scoopers, LLC serves the public interest as the most efficient method of offering refreshments, swim diapers, and sports equipment rentals to patrons of the park; and, WHEREAS, the City Council of the City of Meridian hereby fmds that the Lease Premises are not otherwise needed for City purposes and therefore pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to TV Scoopers, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the terms of the Lease Agreement attached hereto and incorporated herein between TV Scoopers, LLC and the City of Meridian are just and equitable, and the same is hereby approved as to both form and content. Section 2. That the Mayor and City Clerk be, and hereby are, authorized to respectively execute and attest said Lease Agreement for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ZZ day of May, 2012. APPROVED by the Mayor of the City of M daho, this ZZ day of May, 2012. 4ORp.'CED AUCL APPROVED: �$ City of AT j T: E TDI N- ID HO fie+ S n F Mayor Ty de Weerd rF�olfae TAEpsa " L. Holman, ity Clerk RESOLUTION AUTI4IZING LEASE TO BRYAN BURROWS PAGE 1 OF 1 DATE: May 22, 2012 ITEM NUMBER: 6,� ITEM TITLE: Lease Agreement with Bryan Burrows and the City of Meridian for Crop Farming Located on West Cherry Lane (AKA Borup and Bottles Property) / P12av-e Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS LEASE AGREEMENT WITH BRYAN BURROWS This LEASE AGREEMENT WITH BRYAN BURROWS is made and entered into this 2 2. day of May 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Bryan Burrows, an individual whose address is 8730 Lincoln Road, Caldwell, Idaho (hereinafter "Lessee"). WHEREAS, as depicted on Exhibit A hereto, the City owns real property located on West Cherry Lane, Meridian, Ada County, Idaho, identified as Parcel nos. $1204336450, 51204336500, S120436615, S1204346715, and S1204346850, approximately thirty-eight(38) acres of which is currently unused by City (hereinafter "Lease Premises"); WHEREAS, City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which the judgment of City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Lessee for crop farming serves the public interest as the most efficient method of controlling weeds, pests, and dust; WHEREAS, the City Council of the City of Meridian hereby finds that Lease Premises are not otherwise needed for City purposes; and WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Lessee; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Lessee agree as follows: I. Lease granted. City, for and in consideration of the covenants, conditions and agreements hereinafter contained and agreed to be kept and performed by Lessee, does hereby lease and demise Lease Premises to Lessee. II. Use of Lease Premises. Lessee's use and occupancy of the Lease Premises shall be limited to crop farming operations. Lessee's use and occupancy shall not include the pasturing or presence of cattle, horses, or other livestock or animals; nor shall it include Lessee's participation in government or other agricultural programs or grants; nor shall it include, except as expressly specified herein, any rights to minerals, water, oil, or other extractable product. Lessee shall not use or permit the use of the premises for any purpose other than crop farming without the express written consent of City. III. Term of lease. The term of this lease shall be from the Effective Date through 11:59 p.m. on December 31, 2012, unless earlier terminated by either Party by the method established herein. This lease shall automatically be renewed from year to year thereafter unless written notice of termination is given by either party to the other at least thirty (30) days before the expiration of the initial lease term or any renewal thereof. LEASE AGREEMENT WITH BRYAN BURROWS FOR FARMING BORUP PROPERTY PAGE 1 OF 7 IV. Rights and responsibilities of Lessee. With regard to Lessee's use and occupancy of the Lease Premises under this Agreement, Lessee shall be responsible for each and all of the following. A. Crop farming. Lessee shall be responsible for all costs, activities, and responsibilities associated with planting, maintaining, and harvesting crops on Lease Premises. Lessee shall be entitled to beep the proceeds, if any, of the crop(s) planted and harvested by Lessee on Lease Premises. Lessee shall be solely responsible for any and all expenses incurred in the Lessee's planting, maintaining, harvesting, storage and transportation of crops removed from the premises including, but not limited to, damages caused by acts of God, acts of nature, and/or weather. B. Weed and pest control. Lessee shall be responsible for weed, pest, insect, and vermin control on Lease Premises, C. Ditches and drains. Lessee agrees to clean and maintain in good repair and condition, normal wear and tear excepted, all ditches, laterals and drains situated upon the Lease Premises in order that the maximum water benefit may be obtained and utilized. D. Alterations; waste. Lessee shall not make, or permit to be made, alterations on or to Lease Premises without first obtaining City's written consent. Any additions to, or alterations of, Lease Premises shall become at once a part of the real property and shall belong to City. Lessee shall not commit, permit nor suffer any damage to or waste upon the premises or any of the improvements or appurtenances situated or placed thereon by or on behalf of City or City's agents or invitees. E. Liens. Lessee shall keep Lease Premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Lessee. Lessee shall not permit nor suffer any lien, judgment or encumbrance to be entered against or filed upon Lease Premises or any improvements or fixtures thereon. Lessee hereby covenants to satisfy any such lien, judgment or encumbrance at Lessee's sole and separate expense, and in all respects fully to indemnify City against all damages, legal costs and charges, including attorney's fees reasonably incurred, in any suit involving any liens, claims, judgments or encumbrances cause or suffered by Lessee with respect to the premises or any part thereof. F. Equipment. Lessee shall provide and maintain all farming and irrigation equipment necessary for conducting Lessee's farming operation pursuant to this Lease. Any property and/or equipment purchased or used by the Lessee for the purpose of this lease shall remain the property of the Lessee. Such property and/or equipment may be stored at the Lease Premises for the term of this Agreement so long as such storage complies with all applicable laws, regulations, and policies. Lessee shall move or remove such property and/or equipment within twenty-four (24) hours of City's request to do so. Lessee shall be solely responsible for any personal property and equipment stored or used by Lessee upon the Lease Premises. G. Water use. Lessee shall file water use reports as required and/or requested by the irrigation district(s) serving the Lease Premises. City shall promptly authorize excess water delivery if requested by Lessee. Lessee shall pay any water use overage costs, if applicable. LEASE AGREEMENT WITH BRYAN BURROWS FOR i+ARMING BORUP PROPERTY PAGE 2 OF 7 H. Utilities. Lessee shall pay for any power or other utilities utilized or provided at Lease Premises. 1, Adjoining City property. At various times, though not during the growing season, which shall be defined as approximately April 15 to approximately September 5 of each year, the property adjoining Lease Premises shall be utilized by City or City's invitee for rodeo and other events. At such times, Lessee shall accommodate overflow parking on the Lease Premises on an as -needed basis. Though City and City's invitee shall make reasonable efforts to avoid damage to the Lease Premises or any crops or other personal property thereon, neither City nor City's invitee shall be responsible for any damage. Neither City nor City's invitee shall utilize Lease Premises for overflow parking during the growing season without prior written consent from Lessee. J. Chemicals= hazardous substances. Lessee shall not use, store, or dispose of any hazardous or toxic substances as defined by applicable Federal or State laws and regulations upon Lease Premises without prior written notice to City. Said notice shall identify the substance to be used, the area in which the substance is to be used, the manner in which the substance is to be stored and applied, and plans to dispose of any excess. City has the option of refusing to consent to such use, storage or disposal of toxic substances. Lessee's failure to comply with such a decision shall constitute a default by Lessee. All hazardous or toxic materials shall be used strictly in accordance with all applicable laws, rules and ordinances. Lessee shall not allow any hazardous or toxic substance into the air, ground or water except insofar as allowed by said laws and regulations. Lessee shall also not cause or knowingly suffer any prohibited conduct as such term is defined by applicable Federal or State law upon the Lease Premises. Lessee shall indemnify and hold City harmless from any claim, liability, loss, cost or expense, including but without limitation, attorney's fees, resulting from hazardous or toxic substances placed or used on Lease Premises by Lessee. City hereby consents to Lessee's use of chemicals and fertilizers customarily used in crop farming operations in this area on the condition that such chemicals and fertilizers are used and stored properly and in accordance with Iaw, City shall have the right to inspect Lease Premises to determine if Lessee is properly using, storing, and disposing of chemicals and other hazardous substances. Other than chemicals and fertilizers customarily used in fanning and ranching operations in this area, City disclaims any knowledge or information regarding the existence of toxic or hazardous substances on the property. K. Good husbandry. Lessee will utilize the Lease Premises in a manner that will best conserve the integrity and long-term beneficial use of the Lease Premises. L. Acceptance as is. Lessee acknowledges that Lessee has inspected the premises and does hereby accept the premises as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of the Lease Premises, and Lessee accept the Lease Premises "as is, M. Surrender of possession. Lessee agrees that upon termination or expiration of this Lease Agreement for any reason, Lessee shall surrender the premises to City in the same good condition as received, reasonable wear and tear, act of God, act of nature, or damage by LEASE AGREEMENT WITH BRYAN BURROWS FOR FARMING BORUP PROPERTY PAGE 3 of 7 weather excepted. Lessee agrees to surrender possession and occupancy of the premises peaceably at the termination of the lease and any renewal or extension thereof. N. indemnification. Lessee specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Lessee, to Lessee's personal property or equipment, and to Lessee's employees, agents, guests or invitees arising out of or resulting from the condition of the Lease Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City or its employees. Lessee further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the leased premises by Lessee or by Lessee's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of City or its employees. If any claim, suit or action is filed against City for any loss or claim described in this paragraph, Lessee, at City's option, shall defend City and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify City for all such costs and fees incurred by City in the defense or resolution thereof. Q. Liability insurance. Lessee shall maintain, and specifically agrees that Lessee will maintain throughout the term of this Agreement, liability insurance, in which City shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. 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, Lessee covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Lessee shall provide City with a certificate of insurance or other proof of insurance evidencing Lessee's compliance with the requirements of this paragraph. In the event the insurance minimums are changed, Lessee shall immediately submit proof of compliance with the changed limits. P. Worker's compensation insurance. In the event Lessee hires any person to work on the Lease Premises, any and all workers shall be covered by worker's compensation insurance, In such event, Lessee shall provide to City a certificate of insurance. Q. Crop insurance. Lessee may; at Lessee's option, maintain crop insurance for crops planted on Lease Premises. City shall not maintain crop insurance on Lessee's behalf. R. Taxes. Lessee shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. S. Quiet enjoyment. City hereby agrees that in consideration of Lessee's performance of the terms and conditions of this Agreement, Lessee may peaceably and quietly have and enjoy the Lease Premises for the duration of this Agreement. V. Rights and responsibilities of City. With regard to Lessee's use and occupancy of the Lease Premises under this Agreement, City shall be responsible for the following. LEASE AGREEMENT WITH BRYAN }BURROWS FOR FARMING BORUP PROPERTY PAGE OF 7 A. Ground preparation. City shall plane the ground at Lease Premises to prepare the surface topography for planting. City shall make no guarantee as to the quality or composition of the soil at Lease Premises. Following the initial ground preparation, Lessee shall be responsible for any further dirt work or ground preparation that may be required or desired by Lessee. B. Siphon tubes. City shall provide forty (40) siphon tubes for use by Lessee for irrigation of crops at Lease Premises, C. Ditch preparation. City shall clear the waste ditches at Lease Premises to prepare them for use by Lessee. Following the initial ditch clearing, Lessee shall be responsible for any further preparation, cleaning, or maintenance that may be required or desired by Lessee or required by law or regulation. D. Assessments; property taxes. City shall pay the regular irrigation district assessments and property taxes, if any. City shall also promptly authorize excess water delivery if requested by Lessee. Lessee shall reimburse City for any water use overage costs, if applicable. E. Weed control. City shall be responsible for weed, pest, insect, and vermin control on City property not leased to Lessee hereunder. F. Might of entry. City and City's contractors, employees, agents, and invitees, shall be authorized to, at all times, to enter the premises for the purposes of inspection for compliance with the terms of this Lease Agreement and for the exercise of City's rights hereunder, the posting of notices, and for all other lawful purposes. The parties shall supply each other with keys and any other instruments necessary to allow mutual entry onto the Lease Premises, VY. General provisions. A. No agency. It is further understood and agreed Lessee shall not be considered an agent of City in any manner or for any purpose whatsoever in Lessee's use and occupancy of the Lease Premises, B. Breach; cure; termination. If Lessee is in breach or default of any of the terms, covenants or conditions of this Agreement and Lessee fails or refuses to cure such breach or default within ten (10) days of written notice thereof, this Agreement, and all rights of Lessee in and to Lease Premises, at City's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Lessee's failure or refusal to cure as hereinbefore provided, City may, upon three (3) days notice, enter into and upon the premises, take possession thereof and expel Lessee therefrom, with or without process of law, and without being guilty of trespass, and without prejudice to any and all other rights and remedies City may have. In the event of termination of this Agreement, Lessee forfeit any right to harvest crops planted and any right to the proceeds thereof. Lessee shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by City in recovering the Lease Premises hereunder. LEASE AGREEMENT WITH BRYAN BURROWS FOR FARMING BORUP PROPERTY PAGE 5 OF 7 C. Possession. If City, for any reason whatsoever, cannot deliver possession of the said premises to Lessee at the commencement of the said ten -n, as hereinbefore specified, this lease shall be voidable, and City shall not be liable to Lessee for any loss or damage resulting therefrom. D. Transfer of property. If City should sell or otherwise transfer title to Lease Premises, this Agreement shall be voidable upon transfer of title, at the buyer's or transferee's option. As may be practicable under the circumstances, City shall provide written notice to Lessee of City's intent to transfer title. E. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Lessee. F. No obligation. By the granting of this lease, City does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including, but not limited to, annexation, rezone, variance, permitting, environmental clearance, or any other action allowed or required by law or conveyed by City Council, G. Attorney fees, Lessee shall be liable to City for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by City in the enforcement of any of the terns, covenants or conditions of this Agreement. H. No assignment. Lessee shall not assign, sublet or transfer the leased premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of City. 1. Binding on successors. This Agreement and all terms and conditions hereof shall apply to and are binding upon the heirs, legal representative, successors and assigns of the Parties. J. Independent contractor. In all matters pertaining to this Agreement, Lessee shall be acting as an independent contractor, and neither Lessee nor any officer, employee or agent of Lessee shall be deemed an employee of City. Lessee shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. K. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: Lessee: Bryan Burrows 8730 Lincoln Road Caldwell, Idaho 83605 City, City of Meridian Director, Parks & Recreation Department LEASE AGREEMENT WITH BRYAN BURROWS FOR FARMING BORUP PROPERTY WAGE 6 OF 7 33 East Broadway Meridian, Idaho 83642 Notices shall be in writing and either personally delivered or sent by registered or certified U.S. mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. L. Choice of law. This Agreement was negotiated in Idaho, is entered into and is intended to be performed in the State of Idaho. The Parties agree that the laws of Idaho shall govern the interpretation of this Agreement. M. City Council approval required. This lease shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. N. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. O. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. LESSEE: Bryanturrows CITY OF MERIDIAN: i Tammy/6e)*eerd, Mayor STATE OF IDAHO J ss: County of A6tz ) I HEREBY CERTIFY that on this /0�- day of May, 2012, before the undersigned, a Notary Public in the State of Idaho, personally appeared Bryan Burrows, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first ab9ye written. IQLtw, Taw Notary Public for Idafib Residing at _�12"W 6v Idaho My Commission Expires: Attest: o44D4pC6D A UCU� J S1G City of E I SEAL Clerk LEASE AGREEMENT WITH BRYAN BURROWS FOR FNt1N0rH@MROPERTY PAGE 7 OF 7 DATE: May 22, 2012 I 6K PROJECT ITEM TITLE: Resolution ®. /,;I. - S51 Lease Agreement with Bryan Burrows and the City of Meridian for Crop Farming Located on West Cherry Lane (AKA Borup and Bottles Property) Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 12 - BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND BRYAN BURROWS FOR APPROXIMATELY 38 ACRES OF LAND OWNED BY CITY AND LOCATED ON WEST CHERRY LANE ROAD BETWEEN NORTH MCDERMOTT ROAD AND NORTH BLACK CAT ROAD, IN ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City owns real property located on West Cherry Lane, Meridian, Ada County, Idaho, identified as Parcel nos. 51204336450, 51204336500, 51204366151 51204346715, and S1204346850, approximately thirty-eight (3 8) acres of which is currently unused by City (hereinafter "Lease Premises"); WHEREAS, City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which the judgment of the city council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Bryan Burrows for crop farming serves the public interest as the most efficient method of controlling weeds, pests, and dust; WHEREAS, the City Council of the City of Meridian hereby finds that Lease Premises are not otherwise needed for City purposes; and WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Bryan Burrows; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the terms of the Lease Agreement attached hereto and incorporated herein between Bryan Burrows and the City of Meridian are just and equitable, and the same is hereby approved as to both form and content. Section 2. That the Mayor and City Clerk be, and hereby are, authorized to respectively execute and attest said Lease Agreement for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED b the Cit Council of the Cit of Mer' y y y Meridian, Iaaho, this Zzday of May, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this day of May, 2012. APPROVED: Mayor Ti de Weerd RESOLUTION AUTHbR1zfNG LEASE TO BRYAN BURROW ST: City of ;RID SEAL 7a L S �yT 6q °f +8 e TRE a City Clerk PAGE 1 OF 1 DATE: May 22, 2012 ITEM NUMBER: 6L .TEM TITLE: Resolution •• !. iF Adopting the Water Master Plan for the City of Meridian Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 4 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO ADOPTING THE MERIDIAN WATER MASTER PLAN. WHEREAS, on May 16, 2012 the Meridian Public Work Department presented the Water Master Plan to the Meridian City Council; WHEREAS, the purpose of the Water Master Plan of the City of Meridian is to provide the City of Meridian a comprehensive planning document that provides basic information and the guidance necessary for the sound stewardship of the potable water system. WHEREAS, the Mayor and City Council of the City of Meridian have approved the adoption of the Meridian Water Master Plan. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian hereby adopts the Meridian Water Master Plan as set forth in Exhibit A, as attached. ADOPTED by the City Council of the City of Meridian, Idaho, this _ day of 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this day of '2012. APPROVED: ATTEST: By: J()A� /� (- �a�yce-e LoHolman, City Nare Weerd ,nA�o lc r SEAL Fy � e TREAS�lO�'4 e� RESOLUTION ADOPTING MERIDIAN WATER MASTER PLAN — PAGE 1 OF 1 DATE: May 22, 2012 ITEM NUMBER: 6M PROJECTNUMBER: .TEM TITLE: Resolution Adopting the Meridian Water Conservation Plan for the City of Meridian /4fi/)4X 4/ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO.1,;1453 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO ADOPTING THE MERIDIAN WATER CONSERVATION PLAN. WHEREAS, on May 16, 2012 the Meridian Public Work Department presented the Meridian Water Conservation Plan to the Meridian City Council; WHEREAS, the purpose of the Water Conservation Plan of the City of Meridian is to preserve, protect and extend the useful life of the City's current water supplies by reducing per - capita water consumption; WHEREAS, the Mayor and City Council of the City of Meridian have approved the adoption of the Meridian Water Conservation Plan. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian hereby adopts the Meridian Water Conservation Plan as set forth in Exhibit A, as attached. ADOPTED by the City Council of the City of Meridian, Idaho, this _day of 2012. APP OVED by the Mayor of the City of Meridian, Idaho, this V day of '2012. APPROVED: Mayor Ta y de Weerd ATTEST: RESOLUTION ADOPTING MERIDIAN WATER CONSERVATION PLAN - PAGE 1 OF I Iml11 1 1 ullim" U3 cE IDIAN.�- A� 1 � 1 City of Meridian Water Conservation Plan Table of Contents SECTION 1— INTRODUCTION AND SUMMARY...............................................................................................3 PURPOSE AND SCOPE OF THE PLAN............................................................................................................................4 PLANELEMENTS........................................................................................................................................................7 RESOLUTION AND ADOPTING THE PLAN....................................................................................................................7 SECTION 2 — AREA CHARACTERISTICS...........................................................................................................8 PHYSICALSETTING....................................................................................................................................................8 WATERSYSTEMS.......................................................................................................................................................8 DEMOGRAPHICS FORECAST.....................................................................................................................................10 SECTION 3 — ANALYSIS OF HISTORICAL AND PROJECTED WATER DEMAND..................................11 HISTORICAL WATER USE - POTABLE WATER..........................................................................................................11 HISTORIC WATER USE - SURFACE WATER..............................................................................................................12 SUMMARY OF PROJECTED DEMAND - POTABLE WATER..........................................................................................13 SECTION 4 — WATER SUPPLY.............................................................................................................................15 SOURCES OF WATER - CURRENT CAPACITY AND SOURCE OF SUPPLY.....................................................................15 SUSTAINABLEYIELD...............................................................................................................................................15 SUPPLYAND DEMAND BALANCE.............................................................................................................................15 SECTION 5 — RECLAIMED WATER PLAN........................................................................................................17 CITY'S CURRENT AND PLANNED RECLAIMED WATER PROGRAM............................................................................17 SECTION 6 — CURRENT WATER CONSERVATION PLAN...........................................................................18 MEASURES IMPLEMENTED.......................................................................................................................................18 MANAGEMENT OF NON -REVENUE WATER.- ........................................................................................................... 18 SECTION 7 — POTENTIAL CONSERVATION ACTIONS................................................................................19 SECTION 8 — RECOMMENDED PLAN...............................................................................................................20 SECTION 9 — WATER SHORTAGE PLAN..........................................................................................................24 WATER SHORTAGE PLAN ELEMENTS.......................................................................................................................24 WATER SUPPLY CONDITION 1: POSSIBLE WATER SHORTAGE PREDICTED..............................................................26 WATER SUPPLY CONDITION 2: PROBABLE WATER SHORTAGE PREDICTED............................................................27 WATER SUPPLY CONDITION 3: WATER SHORTAGE EMERGENCY...........................................................................28 APPENDIX A — WATER CONSERVATION WORKING GROUP MEMBERS..............................................29 APPENDIX B — CONSERVATION ACTIONS CONSIDERED..........................................................................30 APPENDIX C — CITY CUSTOMER PROFILE....................................................................................................35 APPENDIX D — DEFINITIONS..............................................................................................................................36 APPENDIX E — LIST OF TABLES AND FIGURES .............................ERROR! BOOKMARK NOT DEFINED. 7/13/2011 Page 2 of 37 City of Meridian Water Conservation Plan List of Figures and Tables Figure 2-1 Historic Population Trend........................................................................................... 10 Table 2-1 Service Area Population Projections............................................................................ 10 Figure 3-1 Historical Water Production........................................................................................ 11 Table 3-1 Historical Per Capita Demand - Potable Water............................................................ 12 Table 3-2 Projected Demand Without Conservation.................................................................... 13 Figure 3-2 Demand Projections to 2060....................................................................................... 13 7/13/2011 Page 3 of 37 City of Meridian Water Conservation Plan Section 1® Introduction and Summary Meridian Idaho is a community situated in a high desert location that may have been summarily dismissed as uninhabitable by people traveling along the Oregon Trail to greener lands along the west coast. Meridian only receives about 12 inches of precipitation per year. The native landscape is sparse, mostly treeless and the summers are hot and dry. The federal construction of water storage dams and irrigation canals allowed surface water from the Boise River watershed to be delivered throughout the area, including virtually all land in the past, present and future city limits of Meridian. This surface water supply has enabled the development of agriculture and industry. Although Meridian land is served by surface water providers for irrigation, the City relies exclusively on groundwater for its municipal water source. This groundwater is present both from the effects of leaking canals, long term flood irrigation and from natural recharge. The City operates and maintains 18 wells that pump approximately 3 billion gallons of groundwater annually. The City has monitored pressures in the aquifer system over the last several years and has not found any statistically significant decline that would indicate water is being used faster than recharge is occurring. In summary, the City of Meridian has not experienced water supply shortages and future water supplies appear to be assured for many years. So, Why Conserve? Even if the details of how are complex, the answer to why is simple: Although it is plentiful now, annual water supply for Meridian residents by surface water or groundwater is a finite resource. It is one factor that has the potential to limit growth and industry in the area and in the City itself. Not only can a shortage of clean water limit growth, but there are other negative consequences including the economic burden of increased cost of water on residents and businesses. In addition to affecting the overall supply of water, conservation can: ® Decrease reliance on development of new sources of water supply ® Delay or reduce capital investments for water and wastewater ® Reduce operation and maintenance costs for water and wastewater ® Improve supply reliability ® Encourage the most beneficial use of available water for residents of Meridian and the surrounding area Purpose and Scope of the Plan The overriding purpose of adopting and implementing a water conservation plan is to ensure an ample supply of clean, safe, affordable water for current and future City residents. Additionally, studying water conservation can help define and adjust limits for our current water supply. 7/13/2011 Page 4 of 37 City of Meridian Water Conservation Plan Purpose The purpose of the conservation plan is to preserve, protect and extend the useful life of the City's current water supplies by reducing per -capita water consumption. Scope As part of the 2011 Water Master Plan, the City held a workshop to discuss long-term water supply issues. The workshop was attended by City staff, elected officials, and subject matter experts. As a result of that effort and further direction, the following scope was developed for the Water Conservation Plan: Plan Term The objectives of this plan have a time frame from 1-10 years. Because this is the City's first formal Water Conservation Plan, there are many unknown factors that will influence future versions. Primarily, it is unknown to what extent different conservation actions will influence residents. The overall plan should be re-evaluated in 3-5 years, however, specific conservation actions should take place or be evaluated annually or even on shorter schedules as indicated in the Conservation Actions matrix. Groundwater Vs Suiface Water The City of Meridian currently uses groundwater as its only source of potable water for residents. The City currently has no control over the delivery or allocation of surface water to residents. In fact, since residents pay a fixed fee for surface water regardless of the quantity used, there is no fiscal incentive for them to conserve. This paradigm can result in short-sighted water management. In years with a shortage of surface water supply, additional needs may be met through groundwater pumping, thereby increasing demand on this resource, which is the sole supply for the City's potable water. In years with a surplus of surface water, there is no corresponding benefit to the groundwater supply (other than a potential increase in aquifer recharge). Conservation of surface water and changes in delivery practices during surplus years could lead to a reserve supply in storage to help in shortage years. Regardless of current delivery practices, the City staff and elected officials realize that the yearly supply of surface water is a variable and finite resource that has a great impact on the economy and quality of life for Meridian residents. Even if surface water conservation has no immediate benefit or need for residents, population growth, climate change, and other factors will likely change that in the future. Understanding that the culture of water conservation is developed over time, this plan recognizes that starting the effort before there is a dire need will help ensure future success. For these reasons, this plan encourages the conservation of both groundwater and surface water. Plan Data Much of the data used in this plan was assembled and presented as part of the 2011 Water Master Plan update for the City of Meridian. This plan was developed by Murray, Smith and 7/13/2011 Page 5 of 37 City of Meridian Water Conservation Plan Associates and staff from Meridian Public Works Engineering and Water Operations. The Water Master Plan should be consulted for more detailed information or explanation of how data was gathered, assembled and analyzed. Plan Development and Public Paf•ticipation The goals, objectives, guidance and determination of appropriate conservation measures for the City have been developed cooperatively by a Water Conservation Plan Working Group composed of citizens, business representatives and City staff. Working Group members were sought out through website advertisement, outreach activities and individual contacts. Staff made specific efforts to ensure that different groups of customers were represented. The City of Meridian is grateful for the time and effort these members provided. Conservation Plan Working Group Members are found in Appendix A. Specific objectives of this 2010 Water Conservation Plan Working Group: ® Identify goals of the Meridian Water Conservation Plan by 3/30/11. ® Identify objectives of the Meridian Water Conservation Plan by 4/30/11. ® Identify a Water Conservation Coordinator by 3/30/11. ® Examine potential conservation measures and select appropriate measures to recommend for implementation by 6/30/11. These include measures for a water shortage plan. ® Recommend an annual budget for water conservation by 6/30/11. ® Recommend a complete Water Conservation Plan for Council approval by 9/30/11. 7/13/2011 Page 6 of 37 City of Meridian Water Conservation Plan Conservation Plan Goals Meridian Water Conservation Plan Long Term Goals were developed by the working group described above with input over several weeks and workshops. They are: ® Ensure an adequate, sustainable and reliable supply of water at a reasonable cost for current and future needs of the community. ® Promote environmentally and economically sound use of available water resources. ® Protect and preserve water resources through leadership, research, cooperation with other stakeholders, and education. ® Prepare for drought and water emergencies. Conservation Plan Objectives The Working Group developed some specific objectives that could be used to guide what conservation actions would be recommended. ® Establish an ongoing water conservation education program for the Meridian community by 2013. ® Evaluate and report on the effectiveness of the Water Conservation Plan to the community annually; share experiences, discuss lessons learned, and generate public involvement and get feedback. ® Reduce Meridian customer potable water per capita use by 3% by 2015, in addition to the reduction achieved by the addition of more customers who use surface water for irrigation. ® Provide leadership by convening stakeholders within the Lower Boise watershed and developing a water conservation partnership by 2015. ® Gather hydrogeologic data and develop a realistic working model of aquifer system around Meridian by 2013. Develop fresh water supply projections (sustainable aquifer yield) by 2015. ® Reclaim and reuse 80% of Meridian's wastewater by 2030. ® Establish cooperative relationships with surface water providers by 2013. Plan Elements This plan includes four basic elements: ® Study area characteristics ® Analysis of historical and projected water demand ® Water supply ® Past, current and future conservation measures Resolution and Adopting the Plan It is intended that this plan will be reviewed, approved and adopted by the City Council. 7/13/2011 Page 7 of 37 City of Meridian Water Conservation Plan Secti®n 2 ® Area Characteristics Physical Setting The City of Meridian is located in Southwestern Idaho approximately 32 miles east of the Oregon border and approximately 110 miles north of the Nevada border. The City is named for Idaho's principle meridian used for the initial survey of the state. Meridian was established in 1893 and incorporated as a village in 1903 with a population of approximately 200. The elevation of Meridian is about 2600 feet above sea level. The average daily temperature varies from 75 degrees Fahrenheit in the summer to 29 degrees Fahrenheit in the winter. Average annual precipitation is 11.5 inches. Average summer relative humidity at noon is 41 percent. Nights are cool and the growing season is approximately 175 days long. The development of flood irrigation and Meridian's climate made it well suited to a variety of agricultural activities. Dairy farms, dairy product production, fruit growing and fruit packing were the primary industries in Meridian through the first half of the 201h century. Agricultural activity continues today, but is being replaced by urban development and corresponding economic diversification. Land converted from agriculture to other uses is still served by irrigation systems that provide abundant water at low cost. Since 1994, Meridian has been the fastest growing city in Idaho with the population tripling between 1990 and 2000, and more than doubling between 2000 and 2007. It has become a center of retail and commercial development in southwest Idaho. Water Systems Municipal System Meridian's municipal water system is a public system under the direction of the City government. The system has over 400 miles of pipe and approximately 3,500 active fire hydrants. It includes 19 wells that have a combined capacity of about 18,000 gpm, 21 pressure control valves, 2 booster stations and 2.5 million gallons of storage. Some details regarding current and predicted demand follow in this narrative. Additional information can be found in appendix C. Surface Water Systems Most residents in the City of Meridian are also served by pressurized and non -pressurized irrigation systems that are supplied by surface water that was originally diverted for agricultural use. Delivery of surface water is managed by irrigation districts. Flood irrigation is employed in much of the agricultural areas surrounding the City; however, as urban development occurs on farmland, surface water delivered to that land is provided to City residents through pressurized irrigation systems. These systems are owned and operated either by the irrigation districts or homeowners associations. 7/13/2011 Page 8 of 37 City of Meridian Water Conservation Plan As noted, not all residential properties in the City have surface water irrigation systems. Currently, about 20% of the population uses municipal water for irrigation; however, new developments in the City are required by city code to provide pressurized irrigation systems from surface water if the developing land was previously served by surface water. This city code is in alignment with state law that strongly encourages the use of surface water as the primary source for irrigation (including lawns). Because of this, the population percentage using municipal water for irrigation will continue to shrink with time. 7/13/2011 Page 9 of 37 City of Meridian Water Conservation Plan Demographics Forecast The population of the City and the surrounding area saw relatively slow growth until 1990. From 1990 through 2007, the population estimates reflect extremely rapid growth. The yearly growth rate from 2000-2007 ranged from 6.5% to 21.8% with an overall yearly average of 12.3%. With the nation-wide economic decline starting in 2008, growth has dramatically decreased. A summary of historical City population according to US Census and COMPASS records is shown in Figure 2-1 and Table 2-1 below. Figure 2-1 Historic Population Trend Meridian, Idaho Historic Population 80,000 70,000- 60,000 50,000 40,000 Population 30,000 20,000 ,00019 11 10,000 0 1940 1950 1960 1970 1980 1990 2000 2010 Year As part of the Water Master Plan Update COMPASS population forecasts by Traffic Analysis Zones (TAZ) were applied to growth areas estimated by City planning staff to estimate future populations for the City impact area. Table 2-1 Service Area Population Protections Year Service Area Population Estimate 2010 66,000 2015 85,000 2020 104,000 2030 140,000 2060 252,000 Build -Out 345,000 7/13/2011 Page 10 of 37 City of Meridian Water Conservation Plan Section 3 ® Analysis of Historical and Projected Water Demand Historical Water Use ® Potable Water In general, total production of potable water, as shown in Figure 3-1 has steadily increased over the last decade although it has fallen off somewhat since 2007. Figure 3-1 Historical Water Production 7/13/2011 Page 11 of 37 City of Meridian Water Conservation Plan An analysis of total production divided by the estimated population at each year showed a clear trend of decreasing per capita consumption. This decrease could be explained by several factors. • City requirement for new development to use surface water for irrigation where available thereby reducing the percentage of customers using potable water for irrigation. • Conservation due to rate increases. • Conservation due to recent economic hardships, even without rate increases. • Conservation due to building codes and practices that require or encourage more efficient fixtures and appliances. • Greater public awareness regarding the importance of water conservation. Table 3-1 Historical Per Capita Demand - Potable Water Year Service Area Population' ADD (gpcpd)b MDD (gpcpd) MMD (gpcpd) 2005 50,449 147 285 307 2006 59,851 137 260 252 2007 64,617 147 295 249 2008 64,969° 132 233 272 2009 65,321° 128 243 227 Averages 138 263 261 a Population figures are based on COMPASS city populations and service area ratios b Gallons per capita per day ° Population is linearly interpolated using COMPASS 2010 benchmark population Because most of the area that will develop and provide new customers for the City's potable water is currently served by surface water for agriculture, it is expected that the trend of decreasing per capita demand for potable water will continue as the city grows. Research completed for the City's Water Master Plan indicated that residents served by surface water for irrigation used about 112 gpcpd of potable water while residents that use potable water for irrigation used about 224 gpcpd of potable water (both figures based on ADD). Since all new customers will be served by surface water for irrigation, the overall per capita demand should continue to drop without any conservation measures. A conservative per capita ADD of 130 gpcpd was used as a base for future demand projections that do not include any additional conservation measures. Historic Water Use - Surface Water It is important to note that, although the demand for potable water for lawn irrigation is reduced by the use of surface water, the overall use of water is not reduced. Surface water is supplied to property owners at historic delivery rates (generally about 4 acre feet per acre during the irrigation season) based on the historic agricultural use of the land. Property owners are assessed a fixed fee and are not charged based on the amount of water used. Consequently, property owners have no incentive to conserve surface water. Even though surface water delivery is accounted for by providers through weir measurements, the use of that water by customers is not measured, so the per capita demand is unknown. 7/13/2011 Page 12 of 37 City of Meridian Water Conservation Plan Summary of Projected Demand ® Potable Water As discussed earlier, a per capita average day demand of 130 gpcpd was applied to the population forecasts discussed in Section 2. The following Table 3-2 and Figure 3-2 summarize the resulting demand forecast. Table 3-2 Proiected Demand without Conservation Year Service ADD MMD MMD PHD Area (mgd) (mgd) (mgd) (mgd) Population 00 Estimate —+ham PHD 60 2015 85,000 11.05 22.10 19.89 33.15 2020 104,000 13.52 27.04 24.34 40.56 2030 140,000 18.20 36.40 32.76 54.60 2060 252,000 32.76 65.52 58.97 98.82 Figure 3-2 Demand Projections to 2060 Demand Projections at 130 gpcpd 120 100 00 —+ham PHD 60 MDD C: ADD N40 20 0 2010 2015 2020 2025 2030 2035 2040 2045 2050 2055 2060 2065 Year The 2011 Water Master Plan Update discusses the impact of water conservation on future demand. The data gathered showed that customers using surface water for irrigation had an average per capita potable water consumption of 112 gpcpd. This number can be used as a target for overall per capita consumption with conservation. This is a 13.8 percent difference in per capita consumption (from the proposed planning metric of 130 gpcpd). 7/13/2011 Page 13 of 37 City of Meridian Water Conservation Plan The impact of such reduction over time to a water provider would be significant. In 2060, MDD could be reduced by 9 mgd. ADD could be reduced by 4.5 mgd which equates to over 1.6 billion gallons per year. For the utility, this means less infrastructure expense, less operational expense and less impact on the water source. Conservation of Surface Water The extensive use of surface water by Meridian residents for irrigation is a benefit because it reduces overall use and peaking factors for potable water, therefore reducing overall cost. However, this conservation plan recognizes that using surface water instead of potable water for purposes such as irrigation does not imply overall water conservation. As previously mentioned, the pricing of surface water (one flat fee for a year regardless of how much is used) does not provide an economic incentive to conserve. Surface water is not supplied by the City and the City has no control over how it is priced and delivered. Additionally, the actual use of surface water delivered to Meridian residents is not measured, so conservation efforts related to this resource can not be quantified at this time. This plan recognizes that even though yearly surface water supply is normally more than sufficient for irrigation purposes and inexpensive now, it is likely that conservation of this resource will eventually be critical to the growth and prosperity of the City and the region. Therefore, the plan includes consideration of actions to conserve water whether it is surface water provided by irrigation districts and canal companies or potable water provided by the City. The Water Conservation Plan Working Group discussed some ideas on how the delivery and use of surface water might be changed to encourage conservation. One recommendation includes establishing working groups with irrigation districts, canal companies and legislators. Current practices for allocating and delivering surface water have been employed for over 100 years and alternatives for the future have not yet been developed. This plan focuses on education and building a culture of water conservation that is appropriate for the and climate in which we live that invites anyone to participate. It includes forming partnerships with the Idaho Department of Water Resources (IDWR) and other water suppliers, but does not include any specific actions regarding surface water suppliers. It is envisioned that future revisions of the plan can build on this initial effort and progress can be made towards conservation of the overall water resource. 7/13/2011 Page 14 of 37 City of Meridian Water Conservation Plan Section 4 ® Water Supply Sources of Water - Current Capacity and Source of Supply Meridian currently relies on groundwater as the single source for all its potable water supply. Although it is the sole source of potable supply, it is a complex resource. Municipal wells tap the groundwater supply from 300 to 800 feet below ground level. Water from these various depths and locations varies in chemical composition and overall quality. Meridian's Municipal water supply system has the capacity to pump approximately 33,000 gpm for several hours and up to 30,000 gpm for an indefinite time period. The 2010 Water Master Plan Update includes detailed information about Meridian's water supply and distribution infrastructure. Sustainable Yield Changes in static water levels have been observed at wells across Meridian, but they have not been significant and have not necessarily been attributed to municipal pumping. There is very little information on the rate of recharge of the aquifer system and the sustainable pumping volume. Meridian monitors water levels at several observation wells at various locations throughout the city. Data has been collected for a number of years with some wells dating back to the early 1990s. The City is working to use this data along with drilling logs, to develop a groundwater model and aquifer mapping in order to better understand the characteristics of the aquifer system, including the recharge mechanisms and sustainable yield. The information being gathered and analyzed for Meridian will likely be the best available data that exists and will be invaluable for the City's conservation efforts. Supply and Demand Balance The 2010 Water Master Plan projected demands through ultimate build -out for the City. Total demand projections using a conservative per capital demand of 130 gallons per day were used in Table 3-3. Average demand per day is projected to be about 33 million gallons in 2060. Over a year, that equates to 12 billion gallons of potable water supply needed for Meridian customers alone. Other potable water suppliers surrounding Meridian will increase demands on the shared aquifer system to serve their current and future customers as well. Experience and available data have shown that the aquifer system that Meridian relies upon for potable water supply is extremely productive; however, as discussed, the ultimate sustainable yield is unknown. Additionally, we may not know when we have exceeded this sustainable yield until after it happens. Again, more data collection and analysis is needed to better understand this issue. Once again, surface water supply and conservation may become an important issue. The Treasure Valley Comprehensive Aquifer Management Plan (CAMP) effort produced a Treasure Valley Future Water Demand study by WRIIv1E Consultants. The study indicated that the net 7/13/2011 Page 15 of 37 City of Meridian Water Conservation Plan water demand (regardless of source) per acre for agricultural land was greater than for urban land. Therefore, the conversion of agricultural use to urban use as population in Meridian and the Treasure Valley grows produces a net decrease in overall water demand. Although this concept has not been met with agreement from all parties involved in the CAMP, it underlines a recurring theme of this plan; that water conservation should include surface water and groundwater. To encourage the conservation of both resources, which are naturally connected, legislators and regulatory agencies must work towards the most beneficial use of water. If this can be accomplished, it would appear that the overall water resource will support our demands for at least 50 years. 7/13/2011 Page 16 of 37 City of Meridian Water Conservation Plan Section 5 — Reclaimed Nater Plan The conversion of wastewater to reclaimed water, and its use, will be a key component in water conservation in the future. Reclaimed water has a variety of applications which can either replace or reduce the need for other sources of water. It can also replenish groundwater supplies. The following description is from the draft Reclaimed Water Master Plan developed for the City by HDR Engineering: City's Current and Planned Reclaimed Water Program The City of Meridian (City) is developing a program to produce and distribute reclaimed water for a variety of uses. Reclaimed water is a highly treated water resource generated at the City's municipal wastewater treatment plant that meets standards for reuse established by the Idaho Department of Environmental Quality (DEQ). This Reclaimed Water Master Plan (Master Plan) presents a long-range vision for the City's reclaimed water program and defines market expectations for reclaimed water sales. Cost opinions for constructing future components of the reclaimed water production and distribution system are also presented, which establishes the foundation from which a framework for financing capital investments has been analyzed. Finally, the Plan identifies policy and implementation issues that will affect development and financing of the reclaimed water program. The City's reclaimed water program will continue to evolve as the City gains experience with the production and distribution of the resource. Therefore, the policies, assumptions, and findings of this Master Plan are expected to be updated regularly, particularly in the near-term. Program History The City has been producing Class A reclaimed water since 2009, and beneficially reusing the water for turf irrigation at Heroes Park. This demonstration project has offered a highly visible means by which to educate the public about the value of this resource. The Idaho Department of Environmental Quality issued the City a Final Wastewater Reuse Permit (No. LA -000215-02) on April 19, 2010. This permit is effective for five years and allows for the use of reclaimed water in irrigation, dust suppression, toilet flushing, lined surface water features, sanitary sewer flushing, and fire suppression throughout the City. This "City-wide" permit supports the expansion of the program that is presented in the Master Plan. The Vision for of the Meridian Public Works Department for the year 2030 was developed in 2009. Recycling and reusing wastewater is a primary component of that Vision which foresees recycling and/or reuse of 80% of the waste stream by that time. 7/13/2011 Page 17 of 37 City of Meridian Water Conservation Plan Section 6 ® Current Water Conservation Plan Measures Implemented Conservation efforts in Meridian have historically been the result of supply and distribution system limitations, rather than a concern for the long term availability of supply. In 1993, the City distributed a flyer to customers and asked them to conserve in a number of different ways so water would be available to everyone for the summer, but after new wells were constructed, the system crises was over and formal conservation plans were not adopted. Even though a conservation plan has not been formally adopted, Meridian currently practices several important conservation practices that include: ® Metering water to customers and including a component of the bill for usage ® Tracking non -revenue water used for water main flushing and hydrant flows ® Managing tight pressure zones to avoid high service pressures ® Enforcing building codes for low flow toilets and show heads ® Encouraging the use of reclaimed water ® Using automatic irrigation controls for Parks Facilities 1993 Flyer Management of Non -Revenue Water The 2010 Water Master Plan Update evaluated production and sales records for 2008 and 2009, and found that non -revenue water is very low, averaging just 3% of water produced. This can be attributed to several factors: ® Much of the City's infrastructure is very new due to the recent explosive growth ® The City has an active meter replacement program ® The City tracks water used for flushing sediment from water mains ® The City tracks water used for fire training 7/13/2011 Page 18 of 37 City of Meridian Water Conservation Plan Section 7 ® Potential Conservation Actions This plan is Meridian's first formal water conservation plan. As discussed previously, the City's water supply and distribution infrastructure is more than capable of providing peak demands and emergency flows to customers. In addition, the City is extremely fortunate to be tapping an aquifer system that has shown little to no decline after several years of sustained pumping. The City understands, however, that annual water supply is a limited resource and is taking measures to better understand the resource. The Conservation Plan Working Group submitted their ideas for water conservation measures which were consolidated and added to measures found in the AWWA Manual: Water Conservation for Small and Medium -Sized Utilities. The Working Group preferred the term Conservation Actions, rather than measures. These potential actions were organized and discussed by the Working Group in light of the Goals and Objectives they had previously developed. The outcome was a list of recommended actions for the plan. The Conservation Actions were categorized as follows: ® Utility / City Practices ® Ordinances and Rules ® Outreach ® Incentives ® Reclaimed Water In developing the Goals, Objectives, and Conservation Actions of this plan, the different perspectives of the Working Group members were apparent. However, it was a consistent opinion among members that the best conservation actions were those that employed education, outreach and setting an example through City leadership rather than developing ordinances or rules to try to force customers to conserve. Appendix B contains the matrix of Conservation Actions considered including recommendations / notes from the Working Group. Some actions discussed may require additional research to determine potential costs and benefits. In several cases, the group recommended that actions be considered based on future research and analysis. 7/13/2011 Page 19 of 37 City of Meridian Water Conservation Plan Section 8 — recommended Plan The initial recommendation is to assign the duties of a Conservation Coordinator to an existing position within the Environmental Division. It is contemplated that a part time position may be added in the future for this function. The Conservation Coordinator will be responsible to implement or facilitate the implementation of the action items below, to measure their effectiveness, and to provide regular reports on conservation efforts to the City Council. The conservation plan includes objectives that reach to 2015. However, a yearly report to City Council is also an objective and it is anticipated that, as the action items are completed and information is gathered and analyzed, the conservation plan and action items will be updated annually. The following table includes the actions that have been recommended by the Working Group. As a formal conservation effort is new to the City, many of the recommendations are simply to research or evaluate different actions to analyze their feasibility and efficacy. City / Utility Practices Evaluate costs and benefits of Low Low Engineering reducing the water from Division flushing by improving supply water quality through filters Purchase leak detection Med Med Water equipment to reduce wasted Division water from system leaks Develop source meter Low High Water Engineering calibration program Division Division Create automatic alerts when Low High Utility Water, customer use increases Billing Conservation abnormally Coordinator Use utility bills to communicate Low High Conservation Utility Billing, usage trends or comparisons to Coordinator Water normal usage. Install Automatic Meter High High Engineering Water Reading infrastructure Division Perform audits on top users in Low Med Utility Water, customer categories and use Billing Conservation info for outreach Coordinator Develop audit pilot program for Low High Conservation Environmental landscape irrigation Coordinator Division, Planning, Water Division 7/13/2011 Page 20 of 37 City of Meridian Water Conservation Plan Acgn Estnated Estnaatec T ead Staff SuppoG Slaff ' Ccist Benefit Support Parks Department Low Low Conservation conservation efforts Coordinator Cooperate with other Low Low Conservation government or water supplier Coordinator conservation efforts Perform fixture audit and Low Low Conservation corrective actions for City Coordinator buildings Coordinate with Building Low Low Conservation Building Services to ensure high Coordinator Services efficiency fixtures are included in new construction Seek conservation program Low Low Conservation Planning funding from state, county, or Coordinator Grant federal resources Administrator Request a budget of $25,000 for High High Conservation Finance water conservation. Funding Coordinator would support a portion of a position and conservation actions recommended. Benchmark Meridian's Low NA Conservation conservation efforts with other Coordinator similar cities and include in annual report to Council Explore formation of regional Low NA Conservation water conservation group (or Coordinator use existing regional group) Meet with IDWR regularly to Low Med Conservation discuss ground and surface Coordinator water conservation issues Recognize people or businesses Low Med Conservation that practice conservation- Coordinator award program or news posts Ordinances and Rules Benchmark other cities Low NA Conservation Building regarding individual unit Coordinator Services metering to multi -unit buildings Set aside a portion of rates for Public Engineering conservation efforts Works Division, Business Finance Operations Explore feasibility of tiered rate Low NA Conservation Engineering structure Coordinator Division, Finance 7/13/2011 Page 21 of 37 City of Meridian Water Conservation Plan Aetic�u � Eshinated Estaraated Lead Staff � Su o�Staff Develop planning ordinances Med High Planning Conservation that encourage and incentivize Coordinator conservation Create design standards for Med High Planning Conservation landscaping Coordinator Examine benefits of adopting Low NA Conservation Building 2009 plumbing code Coordinator Services Outreach Continue efforts with schools Low High Conservation Coordinator Distribute educational materials Low High Conservation Water at various locations / events Coordinator Division, Engineering Division, Planning Collaborate with professional Low Med Conservation organizations and HOAs Coordinator Develop web page dedicated to Low High Conservation Information water conservation, including Coordinator Technology tips, electronic brochures, innovative technologies, and links to other sites, kid's pages, and games Include education about peak Low Med Conservation Engineering hour usage to reduce peaking Coordinator Division, factors Water Division Provide information on self- Low High Water audits to customers. Division Conduct outreach to Low Med Conservation Building commercial and industrial Coordinator Services customers regarding fixtures, cooling towers, appliances, etc. Reclaimed Water Explore feasibility of reclaimed Low NA Engineering water fire hydrants and water Division truck filling stations. Encourage conversion of Low Low Engineering potable water irrigators to Division reclaimed water Encourage large potable water Low Low Engineering users to convert appropriate Division uses to reclaimed water 7/13/2011 Page 22 of 37 City of Meridian Water Conservation Plan Cost Estimates (Cost to City): Low = $0-5,000 Med = $5,000-$20,000 High = Over $20,000 Benefits: Because the potential benefits from an action item can be actual measurable water conserved, or non-measurable benefits such as customer awareness and education, the High, Medium, and Low levels are a best guess based on group discussion. 7/13/2011 Page 23 of 37 City of Meridian Water Conservation Plan Section 9 — Nater Shortage Plan Water shortages are situations when the City is unable to meet the water demands of its customers at the minimum required distribution pressure. Such conditions can be short or long term depending on the causes and can be due to problems with pumping and distribution infrastructure, the water supply, or unusually high demands. Water Infrastructure Problems: • Water main breaks • Well failures • Booster failures • Power failures Water Supply Problems: • Contaminants in supply • Extreme drought Conjunctive management / curtailment Water table decline Unusually High Demands: • Multiple simultaneous fires • Extremely hot weather The City of Meridian has a very robust supply and distribution system. However, if several of the problems identified above occurred in combination, there may be a need for cooperative community conservation to ensure that water is available for critical uses such as fire fighting and medical needs. Meridian's water distribution system includes five different pressure zones to ensure water is delivered to customers in a narrow range of pressures- generally between 60 and 80 psi. With one exception (the lowest zone), each pressure zone has wells to supply demand in that zone. Pressure zones are separated by Pressure Reducing Valves (PRVs) that maintain pressure differential, but still allow flow between zones. The highest pressure zone can transfer water down to any zone below it. Because of the operational nature of these pressure zones, calculations for supply and demand will include a pressure zone and all zones above it to determine if a water shortage situation is pending or exists. Water Shortage Plan Elements Ideally, the City would respond to the threat of a shortage and manage demand to avoid the shortage. The following are three different conditions and the appropriate responses in order to manage demand and maintain system pressure for critical uses. Each condition level includes 7/13/2011 Page 24 of 37 City of Meridian Water Conservation Plan the following elements: 1. Triggering Conditions 2. Initiation Procedures 3. Demand Management Response 4. Termination Procedures Because Meridian's system does not include large storage facilities, it relies on instantaneous pumping capacity from wells to serve peak demands. Therefore, the triggering conditions for determining whether a shortage is pending or exists are based on the Peak Hour Demand in relation to the pumping capacity of the system. It is important to note that the City will take additional actions to correct or mitigate whatever problems have lead to a water shortage. The responses considered in this plan are only directed to managing demand / encouraging conservation. Another important note is that the termination of a Supply Condition can mean the condition has improved or gotten worse, so the demand management response selected should be appropriate to the change in condition. 7/13/2011 Page 25 of 37 City of Meridian Water Conservation Plan Water Supply Condition 1: Possible Water Shortage Predicted Triggering Conditions: Forecast Peak Hour Demand plus fire flow through the next 6 months exceeds the current capacity of any pressure zone and the zones above it combined. Initiation Procedures: Water Division works with Engineering Division to assess current pumping capacity and forecast demands based on current demand patterns, historic trends, and other available data. Water Superintendent makes determination that condition exists and notifies the Public Works Director, who declares the condition to the Mayor's Office, The Mayor officially declares the condition to the public and initiates an appropriate demand management response. Demand Management Response: Work with the Public Works Director and Public Affairs Officer to organize outreach effort to request voluntary water conservation. Consider the following options: • Use billing inserts to inform customers of the situation Provide press release for Website Distribute press release HOAs, businesses, and customers by email Termination Procedures: Water Division works with Engineering Division to assess pumping capacity and refine demand forecasts. Water Superintendent makes determination that condition no longer exists and notifies the Public Works Director, who informs the Mayor and Council. The Mayor officially declares the change in condition to the public and initiates the appropriate demand management response if any. 7/13/2011 Page 26 of 37 City of Meridian Water Conservation Plan Water Supply Condition 2: Probable Water Shortage Predicted Triggering Conditions: Forecast Peak Hour Demand through the next six months exceeds of the current capacity of any pressure zone and the zones above it combined. Initiation Procedures: Water Division works with Engineering Division to assess current pumping capacity and forecast demands based on current demand patterns, historic trends, and other available data. Water Superintendent makes determination that condition exists and notifies the Public Works Director, who declares the condition to the Mayor's Office. The Mayor officially declares the condition to the public and initiates an appropriate demand management response. Demand Management Response: Work with the Public Works Director and Public Affairs Officer to organize outreach effort to request voluntary water conservation. Consider the following options: • Press release may need to be distributed to media for general release • Use billing inserts to inform customers of the situation • Provide press release for Website • Distribute press release HOAs, businesses, and customers by email Consider implementing mandatory conservation measures: • Prohibit outdoor use of City water • Initiate conservation rate schedule • Charge emergency conservation fees for residential use over account "winter averages" (average monthly use from January through April) • Initiate probable water shortage rate schedule - TBD. Termination Procedures: Water Division works with Engineering Division to assess pumping capacity and refine demand forecasts. Water Superintendent makes determination that condition no longer exists and notifies the Public Works Director, who informs the Mayor and Council. The Mayor officially declares the change in condition to the public and initiates the appropriate demand management response if any. 7/13/2011 Page 27 of 37 City of Meridian Water Conservation Plan Water Supply Condition 3: Water Shortage Emergency Triggei-ing Conditions: Current Peak Hour Demand exceeds the current capacity of any pressure zone and the zones above it combined. Initiation Procedures: Water Division works with Engineering Division to assess current pumping capacity and forecast demands based on current demand patterns, historic trends, and other available data. Water Superintendent makes determination that condition exists and notifies the Public Works Director, who declares the condition to the Mayor's Office. The Mayor officially declares the condition to the public and initiates an appropriate demand management response. Demand Management Response: Work with the Public Works Director and Public Affairs Officer to organize outreach effort to request voluntary water conservation. Consider the following options: ® Press release may need to be distributed to media for general release ® Use billing inserts to inform customers of the situation ® Provide press release for Website ® Distribute press release HOAs, businesses, and customers by email, or phone alert Initiate or continue probable water shortage rate schedule. Consider implementing mandatory conservation measures: ® Prohibit outdoor use of City water ® Continue or initiate conservation rate schedule ® Charge emergency conservation fees for residential use over account "winter averages" (average monthly use from January through April) Termination Procedures: Water Division works with Engineering Division to assess pumping capacity and refine demand forecasts. Water Superintendent makes determination that condition no longer exists and notifies the Public Works Director, who informs the Mayor and Council. The Mayor officially declares the change in condition to the public and initiates the appropriate demand management response if any. 7/13/2011 Page 28 of 37 City of Meridian Water Conservation Plan Appendix A — Water Conservation Working Group Members Meridian Water Conservation Plan Working Group Mark Erikson Frank Morandi Bill Martin / Derrick Martin John Wiskus Mike Polk Thomas Baker Mark Fischer Saint Lukes Hospital Roaring Springs Water Park Metro Express Car Wash Meridian Resident Meridian Resident Boise Resident / Teacher Meridian Resident Liz Paul Idaho Rivers United Pete Friedman Meridian Planning Deputy Director Mollie Mangerich Meridian Environmental Program Manager Dennis Teller Meridian Water Superintendent Andy Roman Meridian Resident / Idaho Rivers United / HOA Vice -President Jeff Brooks Meridian Resident Steve Eddy Fast Eddy's 7/13/2011 Page 29 of 37 City of Meridian Water Conservation Plan Appendix B — Conservation Actions Considered Below is a matrix of the conservation actions considered by the working group. Each concept was discussed. Water Conservation Actions Utility / City Practices Reduce water used for flushing City water mains Reduce water used for fire training Reduce lost water - ensure system leaks are detected and stopped quickly Reduce water consumption and lost water - system pressure management Develop reclaimed water system / expand the use of reclaimed water Convert potable water irrigators to reclaimed water irrigation Convert large potable water users (other than irrigation) to reclaimed water Calibrate source meters Current Practice Water division tracks water used for flushing water mains and for fire hydrant tests. Additional planning and modeling for reducing water needed for flushing will carry some cost. Fire department tracks water used No leak detection program. Proposed Action Water supply filters (such as green sand filters) may reduce need for flushing. What do other cities do? Reuse the flushed water? Portable filters? Reclaimed water fire hydrants? / truck filling? Purchase leak detection equipment and institute a proactive program. Use SCADA to monitor supply vs. WWTP inflow. Currently manage pressure Encourage customers to zones between 60 and 80 psi install pressure reducing Reclaimed water master plan currently being developed Reclaimed water master plan effort Reclaimed water master plan effort valves at houses near higher pressure areas. Could outreach to customers with a map. Reclaimed water hydrants? Install reclaimed water as opportunities arrive. Convert potable water irrigators to reclaimed water irrigation according to master planning guidance. Convert large potable water users (other than irrigation) to reclaimed water according to master plan guidance. Currently not done regularly Start up program. 7/13/2011 Page 30 of 37 City of Meridian Water Conservation Plan Water Conservation Actions Perform indoor water audits for customers Perform landscape irrigation audits (city water) Benchmark and leverage other suppliers' efforts and Perform landscape irrigation audits on City parks and other facilities Perform fixture audit and replacement if needed in current City buildings. Use high efficiency fixtures in all new City building construction Seek conservation program funding from state, county or federal sources. Identify a Water Conservation Coordinator Current Practice Water leak detection on case- by-case basis for customers or when abnormally high usage is noted. This system is automated. Dennis to provide details of how it works. No audits Install weather based smart controllers in City Parks RM Last building (City Hall) was LEED Silver Proposed Action Alert automatically when customers' use goes up a given % (TBD). Encourage water audits by customer (self) or by private business through outreach. Attach note to bills regarding usage compared to history or average customers. Look at top users and audit some of them, then use that info for outreach. Partner with home improvement stores - water conservation kiosk. Develop audit pilot program. Work with other government offices to cooperate with their conservation efforts. Support Parks efforts. Perform fixture audit and replacement if needed in current City buildings. Also make sure efficient fixtures are working as intended (signage, valve direction, etc.) Perform cost effective corrective actions as needed. Coordinate with building services to ensure fixtures in new construction are high efficiency. NA Seek conservation program funding from state, county, or federal sources. No Water Conservation Water Conservation Coordinator Coordinator recommended to be added to .5 time position duties in Environmental Division. 7/13/2011 Page 31 of 37 City of Meridian Water Conservation Plan Water Conservation Actions Approve a conservation budget Benchmark Meridian's conservation efforts with other similar cities - include in annual report to Council. Form regional water conservation group. Meet with IDWR regularly to discuss ground and surface water conservation issues Low water user awards Ordinances and Rules Meter water to customers Meter water to individual units in multi -family buildings. Current Practice No budget for conservation NA Proposed Action Request a budget of (TBD) for water conservation from City Council. Benchmark Meridian's conservation efforts with other similar cities - include in annual report to Council. NA Explore formation of regional water conservation group. NA Meet with IDWR regularly to discuss ground and surface water conservation issues. This action compliments the formation of a regional water conservation group. Recognize people or businesses that practice conservation, e.g. yard signs. Meter water to all customers Structure rates to Water rate = $5.38 + $1.86 / emphasize consumption 1000 gal over base Charge city accounts like Currently meter usage, but other customers do not charge ourselves Use a tiered rate structure NA Collect a Conservation Fee NA Continue to meter water to all customers. Benchmark other cities to see if any are requiring new multi -family buildings to have individual meters to each unit. Encourage property managers to teach conservation for their own or their tenants' benefit. Continue. Use a portion of collected rates to fund conservation efforts. Don't charge, but review usage and make sure City departments are on board and demonstrating conservation methods. Explore feasibility of tiered rate structure. (Put conservation funding in water rates.) 7/13/2011 Page 32 of 37 City of Meridian Water Conservation Plan Water Conservation Current Practice Proposed Action Actions Landscaping Current ordinance Continue use of surface water encourages use of surface for irrigation. Develop water for irrigation. planning ordinances that encourage and incentivize conservation in landscaping. Create design standards for landscape features to ensure that they don't' waste water (e.g. berms). Grass reduction, xeriscape berms, etc. Residential activities Building codes control Examine benefits of adopting fixtures 2009 plumbing code. Check with Dennis / Brent. Industrial activities Building codes control Examine benefits of adopting fixtures 2009 plumbing code. Check with Building Services Division. Construction activities Code requires rental of Continue current practice. meters for filling trucks and Build reclaimed water fill other activities. points and encourage use of reclaimed water for dust control. Indoor Water Use - explore Research / Clarify this issue. opportunities to amend Idaho Plumbing Code to allow reclaimed water for indoor uses. Require upgrades to How can we incentivize? fixtures as a condition of What is current account setup sale of property fee? Can we have customer contact encourage fixture upgrades for customers' long term benefit? Use real estate community to outreach also. Outreach Discuss / assist schools Some activity Continue efforts with schools. with conservation Get them to consider more measures efficient fixtures. Distribute educational Pamphlets available at Water Continue and expand. pamphlets on conservation Department (lawn watering, conversion to low water use landscaping, indoor use practices, etc.) 7/13/2011 Page 33 of 37 City of Meridian Water Conservation Plan Water Conservation Actions Conduct presentations in collaboration with other organizations - professional, HOA, etc. Develop web page dedicated to water conservation, including tips, electronic brochures, links to other sites, and reports on innovative technologies Educate about peak usage control (amount and time of usage) to reduce peaks. Current Practice Proposed Action Conduct presentations in collaboration with other organizations - professional, HOA, etc. Have HOA contests to see which subdivisions do best. Some tips in Water Division Develop web page dedicated section of current website - to water conservation, not very extensive including tips, electronic brochures, links to other sites, and reports on innovative technologies. Links to other sites, kids pages, games, etc. Educate about peak usage control (amount and time of usage) to reduce peaks. New construction and upgrades- not City owned Improve plant facilities maintenance Upgrade cooling towers Change to low water use landscaping Upgrade fixtures and appliances - hotels, schools, care facilities, HOA maintained facilities Upgrade fixtures and appliances - older residential buildings Incentives Give away faucet aerators Give away or exchange low flow shower heads Provide rebates for high efficiency toilets Provide rebates for efficiency clothes washers Provide rebates for irrigation system moisture sensors No outreach program to encourage No outreach program to encourage No outreach program to encourage No outreach program to encourage No outreach program to encourage No give away / exchange program No give away / exchange program No rebate program No rebate program No rebate program Outreach to these customers Evaluate cost / benefit. Evaluate cost / benefit. Evaluate which fixtures to provide rebate for and propose a plan. Benchmark other cities. 7/13/2011 Page 34 of 37 City of Meridian Water Conservation Plan Residential Building Inventory Year Number of Units Built 1970 to 1993 5,500 1994 to Present 20,400 (new building code was adopted in 1994) 7/13/2011 Page 35 of 37 Number of Category Accounts Percent Church 66 0.3% City 36 0.1% Commercial 1046 4.1% Multi -Unit Residential 188 0.7% Residential 24056 93.3% School 404 1.6% Residential Building Inventory Year Number of Units Built 1970 to 1993 5,500 1994 to Present 20,400 (new building code was adopted in 1994) 7/13/2011 Page 35 of 37 City of Meridian Water Conservation Plan Appendix D ® Definitions ADD- Average Day Demand: The total volume of water delivered to the system in a year, divided by 365 days. AWWA- American Water Works Association: An international nonprofit educational association dedicated to safe water. Founded in 1881 as a forum for water professionals to share information and learn from each other for the common good, AWWA is the authoritative resource for knowledge, information, and advocacy for improving the quality and supply of water in North America and beyond. COMPASS- Community Planning Association of Southwest Idaho: An association of local governments working together to plan for the future of the region. The agency conducts this work as the metropolitan planning organization (MPO) for northern Ada County and Canyon County. The federal government requires the formation of an MPO when an urban area reaches 50,000 people. DEQ / IDEQ: Idaho Department of Environmental Quality: The state agency tasked with ensuring clean air, water, and land in the state and protecting Idaho citizens from the adverse health impacts of pollution. Groundwater: Groundwater is water that exists below the land surface. Gpcpd: gallons per capita per day: Amount of water a person uses on average per day. HOA: Homeowners Association IDWR: Idaho Department of Water Resources- IDWR serves the people of Idaho and protects their welfare by making sure water is conserved and available to sustain Idaho's economy, ecosystem and the resulting quality of life. MMD: Maximum Month Demand: The maximum volume of water delivered to the system during any single month, divided by 30 days. MDD: Maximum Day Demand: The maximum volume of water delivered to the system during any single day. MPO: Metropolitan Planning Organization: A federally -mandated and federally -funded transportation policy-making organization in the United States that is made up of representatives from local government and governmental transportation authorities. PHD: Peak Hour Demand: The maximum volume of water delivered to the system during any single hour. 7/13/2011 Page 36 of 37 City of Meridian Water Conservation Plan Potable Water: Potable water is water that can be consumed in any desired amount without concern of adverse health effects. Water provided by community water systems including public and private utilities is considered potable water. Surface Water: Surface Water is water that is supplied by streams, rivers, and lakes. It is usually stored in man-made reservoirs and transported through canals. 7/13/2011 Page 37 of 37 May 22, 2012 ITEM NUMBER: 6N PROJECT 00 by Hawkins Companies Located West Side of S. Meridian Road, Between W. Amity Road and W. Harris Street Request: Variance to UDC 11-3H-4 Which Prohibits New Approaches from Directly Accessing a State Highway to Allow Three (3) Access Points, Two (2) Right-In/Right-Out Access Points at the Eighth Mile and One (1) Right-In/Right- Out/Left-In Access Point at the Quarter Mile to S. Meridian Road (State Highway 69) Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: May 22, 2012 ITEM NUMBER: 60 PROJECTNUMBER: ITEM TITLE: Approval of License Agreement with Bank of the Cascades for Sign Display at 502 N. Main Street Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TEMPORARY LICENSE AGRI'MMENT THIS AGREEMENT made and entered into this day of./k4 2012, by and between the City of Meridian, an :Idaho Municipal Corporation, -Fiereiriafter called "City", and The Bank of the Cascades, hereinafter called "ROTC". WHEREAS, City is sponsoring an event titled "Public Works Week" and City desires to publicize the event in the downtown Meridian area, and WHEREAS, ROTC owns a parcel of bare land in downtown Meridian that would accommodate a piece of heavy equipment upon which City could attach a temporary sign, and WHEREAS, ROTC is willing, upon certain terms and conditions, to provide non- exclusive, temporary use of a designated portion of the property for the purposes stated herein for a period of time defined within this Agreement, NOW, THEREFORE, the parties hereto agree as follows: 1. GRANT OF TEMPORARY LICENSE For and in consideration of promises contained herein, and other good and valuable consideration, BOTC hereby gives and grants to City the non-exclusive right, privilege and license to use a portion of certain real property, located at 502 North Main Street, Meridian, Idaho. The portion of the property subject to this agreement is generally depicted on Exhibit "A (referred to herein as the "licensed premises"), 2. TERM OF AGREEMENT This temporary license is granted for a term to begin on May 14, 2012 and expiring on May 25, 2012. USE OF LICENSED PREMISES City's use of the licensed premises shall be limited to the parking of one piece of heavy equipment, such as a tractor, upon which the City may affix a temporary sign. City agrees to comply with all applicable regulations for parking heavy equipment and the placement of temporary signs pursuant to the laws and regulations of the City of Meridian and any other governmental authority with appropriate jurisdiction. Temporary License Agreement - I - 4. REPAIR AND RESTORATION OF PREMISIS: City shall be responsible for restoration or repair of the licensed premises necessitated by damage caused by City's use under this Agreement. City hereby agrees to indemnify and hold BOTC harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the maintenance, use, and occupancy of the licensed premises by City, its agents, and employees. If any claim, suit or action is filed against BOTC for any loss or claim described in this paragraph, City shall defend BOTC and assume all costs, including attorney's fees, associated with the defense or resolution thereof, however BOTC shall not be relieved hereby from liability for its own negligent or willful act or omission or that of its employees. In addition, City shall maintain, and specifically agrees to maintain throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, and such amount shall be deemed to be the limit of City's covenant to indemnify and save and hold harmless BOTC. In the event the insurance minimums of the Idaho Tort claims Act are changed, City shall immediately submit Proof of Compliance with the changed limits. 6. NOTICES A. All notices to be given with respect to this Agreement shall be in writing addressed as follows: To BOW: 01� v Z-1,0 To City: City of Meridian City Clerk 33 East Broadway Meridian, ID 83642 B. Notice shall be either delivered or sent by certified mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail; or upon delivery to the party above specified, or their agent or legal representative, V,V Temporary License Agreement -2- N City acknowledges that City has inspected the licensed premises and does hereby accept the licensed premises as being in good and satisfactory order, condition, and repair. City agrees that upon termination of this Agreement, City shall surrender the licensed premises to BOTC in the same good condition as received, reasonable wear and tear, damages by fire, acts of vandalism, or act of God exempted, This Agreement shall not be effective for any purpose whatsoever until. it is approved by the resolution of the City Council and executed by the Mayor. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. BANK OF THE CASCADES ha By: ...... Its: �*. Tarn ly e Weerd, Mayor Temporw-y License Agreement -3- EXHIBIT "A" Temporary License Agreement -4- ¢ UP tD (G MOM= a.. PCs 4ara W F �s s-0foulUZI to m tWON 0 00 cod � tT) to � x.. s �� x '� 1 � 3 � � � ✓ "` �4mgmpm � r ._ �=, h _ „�✓ I x� . a 'a 37 v �z x Rod mai' csi: ex^ v � ZRA Too. Cit� , s Woo 00 1 o Novi z m fiY u m o C) y> y D to O5 A �%roOr 9 OE Am 3z E, Ir' 0 a_ ✓� � Y1 � � � N Z � ri1 U} ��-1 D Z t7 7+ Gi '. `, URI #r p�j flt y �1 ID ID L iv � ITEM TITLE: Items Moved from• Agenda Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: , ITEM NUMBER: ITEM TITLE: •Office:MYAC• of YearUpdate Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS IZI 11111111111111 11111111 itilillill NOR 11 ; 11 11 • • •i !' • PROJECT ', 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 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: May 22, 2012 ITEM NUMBER: 9B .. 1 11111 11 Public Hearing -Short plat approval consisting of three (3) buildable lots on 1.22 acres in an O -T zoning district by MDC - north side of E. Broadway Avenue, between N. Meridian Road and N. Main Street Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS • • r PROJECTDATE: Mav 22, 2012 ITEM NUMBER: 9(f u 1-008 ITEM TITLE: CenterCal Final Plaf consisting of 15 building lots on 80.1 acres of land in a C -G zoning district by Meridian CenterCal, LLC - NEC of N. Eagle Road & E. Fairview Avenue Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: May 22, 2012 ITEM NUMBER: 1 OA in the Amount of $50,000.00 for Flocculation Tank Design and Pilot Test Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TO: Mayor Tammy de Weerd Members of the City Council FROM: David Allison, Staff Engineer DATE: May 11, 2012 Mayor Tammy de Weerd City Council Mernher$l Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: BUDGET AMENDMENT FOR FY2012 IN THE AMOUNT OF $50,000 FOR FLOCCULATION TANK DESIGN AND PILOT TEST RECOMMENDED ACTION A. Move to: 1. Approve the FY2012 no -net -increase Budget Amendment. 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS David Allison, Staff Engineer (Project Manager) 489-0370 Clint Dolsby, Asst, City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Public Works Department opened bids for the WWTP Chemical Feed Building on May 10, 2012. The winning bid came in below the engineer's estimate. With the budget surplus resulting from the bid for the Chemical Feed Building, the Engineering Department would like to begin the Flocculation Tank Design and Pilot Test, which is the second phase of the Chemical Feed Building Project. The Flocculation Tanks will work in conjunction with the Chemical Feed Building, and together, improve the treatment capabilities of the WWTP. Page 1 of 2 B. Proposed Project This no -net -increase budget amendment will provide funding for the Flocculation Tank Project to begin in FY12 and will allow for the design to be expedited in an effort to bring the Chemical Feed Building and Flocculation Tanks online sooner, IV. IMPACT A. Strategic hMpact: This project supports the Public Works Mission and Vision for improving our level of service provided to our customers by increasing the treatment capabilities of the WWPT. B. Service/Delivery pact: By starting the design and pilot test for the Flocculation Tanks in FY12, the Public Works Department will be able to expedite the installation and operation of this second phase of the Chemical Feed Building Project. C. Fiscal Impact: Project Costs Flocculation Tank Design and Pilot Test $50,000 Project Funding No -Net -Increase Budget Amendment $50,000 Total Funding $50,000 V. ALTERNATIVES A. The City could choose not to approve the budget amendment. Without this amendment the Flocculation Tank Design and Pilot Test would be conducted during FY13 if the enhancement for the project is approved. VI. TIME CONSTRAINTS Council approval will allow the pilot test and preliminary design, to be completed this fiscal year. VII. LIST OF ATTACHMENTS A. Budget amendmer form Approved for Council Agenda: I)kte Page 2 of 2 (D -u (D 0 CD < (D 0 9. L 0 (D -0 0 0 CD CD (D -3 m m cn '0 cr 0 0 CDm U) (D ro3 0 c =rro rY (n 0 U R4 (D w -0 �d CD 0 ro 0 m CL (D =r ro 6) (D 0 n x (D rc C) - =r (D W -0 �6 CD (D U) cn) . U)aN) :3 (D (B (D CD (D fD CD W W r -L 0 0 O. (D CD CL 7 o 3 (D 3 CD cr CD -u -n (D -0 0 (D m m 0 ra LJ L�j �d 6) -4 <:> -< m 2f rn 0 0 > 0 0 z �u >— FTI r-, I V) --j T m M n. (D 0 C 9 w In 0 ;u z CL (D 0 C7 (D 0 z m 0 CL El El LZ m (D C) 4� 0 0 0 m K) N) K) K) 0 0O ;u (A CL 0 Ch 0 w 0 z z m m -a -n c 0 0 (D > �4 - (D a ID ID 0 0'a , (D " 3 > B ro (D 0 0 3 -0 W > 0 @ 0 0 m x En C/) V 0 0 CL m <:> -< m 2f rn 0 0 > 0 0 z �u >— FTI r-, I V) --j > tm U) M m M n. (D 0 C 9 0 cu('�, , C: m 0 0 m VO CD >- Z> z (D n. (D 0 C 9 w In 0 ;u z CL (D (D C7 (D 0 z m 0 CL El El LZ m (D C) 4� CL -Ti w Z 0 0 cu('�, , C: m 0 m �;u O >- Z> z z (D m z ,n In 0 ;u (D (D ct (D (D z 0 z 0 0 z m 0 0 El El LZ cu('�, , C: m 0 m �;u O >- Z> z z CD m z ,n In 0 ;u (D ct -0 0 FFI DATE: May 22, 2012 ITEM NUMBER: 10B ITEM TITLE: Public Works:• • Amendment f• for the Not -to -Exceed Amount of $50,000 for the Secondary Clarifier Retrofit Construction Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, Assistant City Engineer DATE: April 27, 2012 Mayor Tammy de Weerd City Council Memberso Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: BUDGET AMENDMENT FOR FY2012 IN THE AMOUNT OF $50,000 FOR THE SECONDARY CLARIFIER RETROFIT CONSTRUCTION I. RECOMMENDED ACTION A. Move to: 1. Approve the FY2012 Budget Amendment for $50,000; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The secondary clarifier retrofits project has been under construction since August, 2011 and was bid for $669,335. The project includes the retrofit of Secondary Clarifier Nos. 3 and 4. Performance Systems, Inc. was selected to perform this work and has an anticipated completion date of June, 2012. The bid for this project came in close to the project budget, leaving less than half of a percent change order allowance. Page I of 3 B. Proposed Project This budget amendment will provide funding for essential changes to the Secondary Clarifier Retrofit Construction such as the addition of paint and coatings to the new concrete structures, modifications to the stairs for secondary clarifier No. 3 and the purchase of an additional RAS pump. IV. IMPACT A. Fiscal Impact: Project Costs V. VI. JUB Inspection Services (3590-96108) $24,830.40 STRATA Inspection Services (3590-96108) $7,297.00 Equipment Bid (3590-96108) $176,036.00 Construction Contract (3590-96108) $669,334.78 Construction Change Order Est. (3590-96108) $30,000 Pump Purchase Est. (3590-96108) $20,000 B&C Original Contract (3590-96108) $133,404.00 B&C Electrical Additions (3590-96108) $18,549.00 B&C Change Order (3590-96108) $10,000.00 Total Cost $1,089,451.18 Project Funding FYI WWTP Clarifier (3590-96108) $815,000.00 FY12 WWTP Clarifier (3590-96108) $225,000.00 Budget Amendment for additional funding $50,000.00 Total Funding $1,090,000.00 Project Costs Secondary Clarifiers Retrofit Construction Not -to -exceed $50,000 ALTERNATIVES A. The City could choose not to approve the budget amendment. Without this amendment, essential changes to this project will not be funded. TIME CONSTRAINTS Council approval will allow this project to enhance the secondary clarifier performance to be constructed by the end of the year. Page 2 of 3 I@ p P —Ii — W " uu w am c M < 5 CL r- to to :3 3 0 C- VCSD CD w M a (D a CD r- CL 0 E G) Cc, cr M E� cr 0 cr (D 2 -n CD A h w > 1 (D 0 j M E :3, E3 r ric (D CL n r_ zCn 0 (D CD LU (D tot, cr CD 0 �0 to 0 0 (n 76, 3 M 0 w 8 0. :3 v CL CL Z :3 (D < CD 0 3 0) F Ma to 3 3 Z < 0 0 (D n 0 0 00 CD (D cy 0 M w CL 0 0 0 A, CL C7 3 p n icy CD 0, (D CCi 0 to Er (D 0. �O (D 0) to CL to 0 (D to ol� CL to (D to 0 c CCD (D (D cr to VT to W CL r ::) C." CL c 1. % a. 0) cr CL -, 0 ir (M to i5, :3 M (a M , 0 w 3 CL cr c 3 9) -1 - M 0 to 0 o a CD 0 zy W Q to C, to to CD :� 4 i� ar — M 0. F j iiID to CL CD w d CL gg pt 0t -2 is UY (D 0to (D CL V, 0 (D fl) OM �D 0 1 ID at :3 g 3,51 --hl -': (D < aq -, V� IM -0 0 5 0 r, 3 0- 00 cr 3 w CL (D .1 tE,at r 0 ry -3 (D to (D V cr LI). n 0 w r_tdt o N sCL CL :5 CL x cr 3 0) to M M to (D M CL C). cr 3 hJ (D n 0 CL Q to ti 0 -3 O0 to as 0 zu, to to :3 -3 w Lyl to (Dlr0 .0 L] L—1 L to to to -4 w DJ QN . = N to rn 0 to to 0 ri -3 ID 0,to lu w , 'i to to n iii > ro E; 101) -1 "D 0 0 fvSN U 41 h- 4 0 0 CD 0 0 K) W " a 0 m 0 " 0 0— 4�. 0 00 rt (D 0 0 0 z z m m z o a) 0 0 0 O 4 -a > (o n 0 0 — 2 0, or cb'� 3 a m (D -n 0 in 3 n r- -0 @ --A :2 0 m (D :3 M CL 0 Af 0) <f-> V) t -n Q) 0 o CL 0 X. ;u rn �z C: 0 0 C) 0 10 n 03 -1 U� z r- Fri 0--I F" > m m r- r- r- cn 11 ro -< -< > (D (D (D (D 06 M (D p 0 U) (D (D (D z 0 0 0 0 El u kf k ro -< I,< -< -< > (D (D (D (D 06 (D (D (D z 0 0 0 0 -< I,< -< -< > (D (D (D (D 06 z z z z 0 0 0 0 El u DATE: May 22, 2012 I -TEM NUMBER: 1 OC PROJECT NUMBER: 0 0 in the Amount of $205,000.00 for Turbo Blower Optimization / rrro-e- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS l IDIAN.�= DLA i Publi ic Works D"'lepartment TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, Assistant City Engineer DATE: May 3, 2012 Mayor Tammy de Weerd City Council Memberso Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: BUDGET AMENDMENT FOR FY2012 IN THE AMOUNT OF $205,000 FOR TURBO BLOWER OPTIMIZATION RECOMMENDED ACTION A. Move to: 1. Approve the FY2012 Budget Amendment for $205,000; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Public Works and Planning Departments acquired grant funding for a combined total of $315,218 from the Department of Energy and Idaho Power for energy efficiency improvements at the Wastewater Treatment Plant. These grants plus the public works capital improvement budget for this project funded the design, equipment purchase and installation of two turbo blowers at the wastewater treatment plant. Page I of 3 IV. V. The SCADA Master Plan development was occurring at the same time the turbo blowers were being bid and installed. The SCADA Master Plan is nearing completion and recommends newer more robust control system hardware and software be installed at the wastewater treatment plant not included in the turbo blower installation contract. In order to avoid programming the turbo blowers twice, once in the old control system and once for the new control system recommended in the SCADA Master Plan, Public Works proposes to purchase and install the new turbo blower control system hardware with this project. If approved, this budget amendment would save over thirty five thousand dollars on duplicate programming for the turbo blower control system over the next few years. B. Proposed Project This no -net -increase budget amendment will provide funding for the SCADA system hardware, additional programming and construction services to complete the newer, more robust, control system system installation and programming. IMPACT A. Strategic Impact: This project supports the Public Works Mission and Vision for emphasizing financial stewardship and environmental sustainability. The proposed improvements are responsive, innovative, and increase operational efficiencies while saving the City several thousand dollars a month in energy. B. Service/Delivery Impact: The improvements will reduce the power consumption of the Wastewater Treatment Plant through the installation of more efficient blowers and aeration efficiency improvements. C. Fiscal Impact: Project Costs Turbo Blowers Optimization Not -to -exceed $205,000 Project Funding No -Net -Increase Budget Amendment $205,000 Total Funding $205,000 ALTERNATIVES A. The City could choose not to approve the budget amendment. Without this amendment the turbo blowers would be programmed in the old control system Page 2 of 3 and reprogrammed in two to three years when the new control system is installed. VI. TIME CONSTRAINTS Council approval will allow this project, to purchase hardware and program the turbo blowers to optimize the energy savings, to be completed this fiscal year. VII. LIST OF ATTACHMENTS A. Budget amendme4l fQtm / 411, Approved for Council Agenda: Page 3 of 3 D to D U @ p CD Cp C/1 vi a C) C � (D t� O O O C CD (n 3 o CCL C` O (D /may n N C ;rz hw- C. 5 �--. m a s U N p. 'D as cr fl Q w n N ro @ o o B N N i N C d a N Q a o OQ CT A N 0 3 K fY N @ ro a" U ro O0) tab U m tra � ♦ .sy "V O 6 N n S 7 nTG � K N o (D 1D O a- L, D: 3 o o > °o A ro a y ro n `t:! m U 4 OU U n rY. I m ro P Ute+ 3 ro G � N a' T1 a � y ci � m o 01 m +pro m O ro a 3 a a 1) ro w @ b h t z o a � y er rt' a a O M ry C m C � ro 2i ro cu CL rN-t � ro D 2 ON q. ro S 3 p 4 ri (D n ru ro @ „ c ro n o w v a- tr ri o o a ro @ @ c 0 S? a r{ ry a a U air C2- rap Q W C G U? N o @ a I i U � N � N O m H 7 ro C � C CSD v> O C) � CO CD CD CC] ro C CD CD _Q CSU CL O to 1 d m 3 o —� .0 O a o cu 8 at J '1 O .0 0 CD CD CD 3 11 wR • C: ni -U m --A M > E Al m R"D 0 bx CD 0 (D 00 CD z a (D ? Ile 0 (D z v U) 0 0 CD 0 z mm r m 3 o prix -n c 2, < � sv n,(h ro 00 (D CD (D 0 t o M V�l 9 > 3 g) 0 3 cn co 0 0 -0 a ro @ CD 0 (D :3 CL rYp C ro tA -(.9 IrA 69 -09 'd c", 0 0 Ft C: ni -U m --A M > E Al m R"D 0 bx CD 0 (D 00 CD z a (D ? Ile 0 (D z v U) 0 0 CD 0 z mm r m 3 o prix -n c 2, < � sv n,(h ro 00 (D CD (D 0 t o M V�l 9 > 3 g) 0 3 cn co 0 0 -0 a ro @ CD 0 (D :3 CL rYp C ro tA -(.9 IrA 69 -09 'd c", 0 C: ni -U m --A M > E Al m R"D 0 (D 00 CD (D (D (D z 0 U) 0 0 0 z mm r m 3 o -u M -n c 2, < 0 sv n,(h ro 00 (D CD (D 0 M 0 9 > 3 0 3 cn 0 0 -0 ro @ 0 (D :3 CL C ro tA -(.9 IrA 69 -09 0 C: ni -U m --A M > E Al (D CD (D (D z rn z 0 0 cu 0 a 0 m '+, —19 m m Z > z z 3 m z n 0 (D ;u I DATE: PROJECT NUMBER: ITEM TITLE: Arts Commission•Amendment for Fiscal Year 2012: Public Art in the Crossover of the Meridian Split Corridor Phase II Roadway Improvement Project, in the Amount of $87,000.00 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0 ou D m M (D 0 CD 4 A :5 U) CL = m 0 r m 0 0 ro m 7 M 0. M (D :3 CL m 0 Z; < m 0 — (D CL C—L. 0 M M cr cr 0 aa 0 a) — , o X -4 m CL m 0 (D -0 M (a :3 (D CL 0 :3 0 0 G l< *0 a a OM ON m m 0) Cr w CL -4, 0 0 (D 0 ro 0 0 70 M 0 (D :I (h 0 CL 0 :3 C) m m 0 O� pr C 0 m Pa (D CL m m N co CD (D 0 (n M, 0 cr CD "a D 0 0 (D U) 0 CD C) CL CL 0 (D (D C0 :3 0, fly CD -3 m 0 E CL (D CD =r CL R, Di CL CD X -a (D 0 0;4 I CD U)ro c < 3 0 CY (DC (D (o (D (D� (D 3 (n (D (D CD CD .0 r - (D CD (D COi c :3 (D CD 0- 0 CDn c (D tIS Al Q. 0 -D (r (—D 0;4 I I IT 6 Q > 0 c 7V 0 o r m Cc) Z > r 0 > 0 0 0 9 D g o > vmi (D 0 01 6,77 77 0 > z z z z m 0 0 0 0C L7 C7 0 — z > :-4 LD, co =r 0 I 0 O0 Q > 0 c 0 Z 0 r m Cc) Z > r 0 > 0 0 9 D g o > vmi (D 0 it 77, 6,77 0 z z z z m 0 0 0 0C L7 C7 0 — z > :-4 =r 0 I 0 O0 Q > 0 c 0 Z 0 r m Cc) 0 0 UIJ m 4 c m > ;o 9 E5 m 5 z z m z 0 ;u P+ Z m II \Ji 0 0 9 D g > vmi (D 0 0 z z z z m 0 0 0 0C L7 C7 0 — z UIJ m 4 c m > ;o 9 E5 m 5 z z m z 0 ;u P+ Z m II • • r DATE: May 22, 2012 ITEM NUMBER: 19EI ITEM TITLE: City Clerk: Approval of New Beer and Wine License Application for JTS Inc. dba Miss Tami's & Cottage Expressions Located at 1031 N. Main St. This item is pending Ada County Approval M,jd /0 awu,� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS NUMBER:DATE: May 22, 2012 ITEM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS