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