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2012-10-02�E IDIAN�-- Tuesday, October 02, 2012 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X X Keith Bird Charlie Rountree _ ® X Mayor Tammy de Weerd 1 3. Community Invocation by Stephanie Moore of Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Professional Services Agreement with J. Amber Conger for Refinerii for Preparation of Meridian Split Corridor Phase 2 Public Art Project Proposal a Not -to -Exceed Amount of $1,500.00 B. Professional Services Agreement with Byron W. Folwell for Studio Maelstrom, LLC for Preparation of Meridian Split Corridor Phase 2 Public Art Project Proposal for a Not -to - Exceed Amount of $1,500.00 C. Professional Services Agreement with Ellen Nasvik for Post Modern Concrete for Preparation of Meridian Split Corridor Phase 2 Public Art Project Proposal for a Not -to -Exceed Amount of $1,500.00 D. Joint Powers Subscriber Agreement with ICRMP E. Approval of Agreement for Professional Audit Services for FY2012 to Eide Bailly for the Not -To -Exceed Amount of $52,750.00 F. Approval of Agreement for "Parks and Recreation Maintenance Facility - Pre -Engineered Metal Building Construction" to Meridian City Council Meeting Agenda — Tuesday, October 02, 2012 Page 1 of 5 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. Alpine Construction, Inc. for a Not -To -Exceed• • $72,411.00 G. Approval of IDScan.net End User License Agreement H. Findings of Fact, Conclusions of Law for Approval: PP 12-005 Canterbury Commons by Heartland Homes, LLC Located at South Side of W. Pine Avenue, East of N. Ten Mile Road Request: Preliminary Plat Approval of 107 Residential Lots and 12 Common Lots on 21.45 Acres in an Existing R-15 Zone Findings of Fact, Conclusions of Law for Approval: MDA 12- 002 Canterbury Commons by Heartland Homes, LLC Located South Side of W. Pine Avenue, East of N. Ten Mile Road Request: Amend the Recorded Development Agreement (Inst. #106187188) for the Purpose of Removing Certain DA Provisions That Are No Longer Applicable AND Adding New DA Provisions Relevant to the Proposed Canterbury Commons Subdivision J. Findings of Fact, Conclusions of Law for Approval: AZ 12-003 Olson & Bush by Ronald Van Auker Located at 2950 E. Franklin Road Request: Annexation and Zoning a Total of 7.2 Acres of Land to the C -G (1.41 Acres) and I -L (5.78 Acres) Zoning Districts K. Findings of Fact, Conclusions of Law for Approval: RZ 12-001 Paramount East by Brighton Development Located West Side of Meridian Road, Between W. Producer Drive and E. McMillan Road Request: Rezone of 12.47 Acres of Land from the L -O (Limited Office) Zone to the R-8 (Medium Density Residential) Zone L. Findings of Fact, Conclusions of Law for Approval: PP 12-002 Paramount East by Brighton Development Located West Side of Meridian Road, Between W. Producer Drive and E. McMillan Road Request: Preliminary Plat Approval of 46 Residential Lots and Six (6) Common Lots on 12.90 Acres in a Proposed R-8 Zone M. Findings of Fact, Conclusions of Law for Approval: AZ 12-005 TM Crossing by Brighton Investments, LLC, Steven Smith and CRS10 Located Northeast Corner of 1-84 and S. Ten Mile Road Request: Annexation and Zoning of 89.22 Acres of Land from Meridian City Council Meeting Agenda — Tuesday, October 02, 2012 Page 2 of 5 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. the T Zoning District to the C -G (General Retail & Service Commercial) Zoning N. Findings of Fact, Conclusions of Law for Approval: PP 12-003 TM Crossing by Brighton Investments, LLC, Steven Smith and CRS10 Located Northeast Corner of 1-84 and S. Ten Mile Road Request: Preliminary Plat Approval of 50 Commercial Building O. Resolution No. 12-873: CPAM 12-003 Olson & Bush by Ronald W. Van Auker Located at 2950 E. Franklin Road Request: Amend the Comprehensive Plan Future Land Use Map Designation on 5.66 +/- Acres of Land From Commercial to Industrial P. Resolution No. 12-874: CPAM 12-002 Paramount East by Brighton Development Located West Side of Meridian Road, Between W. Producer Drive and E. McMillan Road Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on Approximately 12.90 Acres of Land from Office to Medium Density Residential (MDR) Q. Resolution No. 12-875: CPAM 12-001 TM Crossing by Brighton Investments LLC, Steven Smith and CRS10 Located Northeast Corner of 1-84 and S. Ten Mile Road Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 75.5 Acres of Land from LC (Lifestyle Center), MHDR (Medium High Density Residential) and FIDE (High Density Employment) to Commercial 6. Items Moved From Consent Agenda None 7. Action Items A. Public Hearing: CPAT 12-001 South Meridian by Meridian Community Development Department Request: Amend the Text of the City of Meridian Comprehensive Plan Which Includes the Following: 1) Changes to the 2010 Existing Conditions Report; 2) The Addition of the Airport -Overland Road Extensions; 3) Changes to the Ten Mile Specific Area Plan (TMISAP); and 4) Miscellaneous Text Changes to the Comprehensive Plan Approved Meridian City Council Meeting Agenda — Tuesday, October 02, 2012 Page 3 of 5 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. B. Public Hearing: CPAM 12-004 South Meridian by Meridian Community Development Department Request: Amend the Future Land Use Map (FLUM) to Designate Future Land Uses AND Amend the Area of City Impact (AOCI) in South Meridian Approve C. Public Hearing: MDA 12-005 Sgroi by Nunzio Sgroi Located at 4405 E. Ustick Road Request for a Modification to the Existing Development Agreement to Allow the Development of Single - Family Residential Homes on the Site Approved D. Public Hearing: Update to City Clerk's Fee Schedule E. Resolution No. 12-876: Adopting Fee Schedule of the Meridian City Clerk's Office: Authorizing the Clerk's Office to Collect Such Fees; and Providing an Effective Date Approved F. Public Hearing: Proposed Right of Way Property Disposition for 1700 W Lanark to Ada County Highway District by the City of Meridian G. Ordinance No. 12-1530: Authorizing the Conveyance of Real Property to Ada County Highway District (ACRD) for Right -of - Way Purposes Approved 8. Department Reports A. Mayor's Office: Resolution No. 12-877: A Resolution of the Mayor and the City Council of the City of Meridian, Reappointing Matthew Adams to Seat 4, Steve Elliot to Seat 7 and Appointing Treg Dernt to Seat 5 and Spencer Martin to Seat 6 of the Meridian Impact Fee Advisory Committee Approved B. Legal Department: Solid Waste Advisory Commission (SWAC) Recommendation on the Renewal of the Solid Waste Franchise Agreement with Republic Services for FY 2013 Approved 9. Ordinances A. Second and Third Reading of Ordinance No. 12-1528: Downtown Core Sidewalk Facility Standards Update - Proposed Draft Title 8, Chapter 1 Ordinance and Proposed City of Meridian Improvement Standards Second Reading Only Meridian City Council Meeting Agenda — Tuesday, October 02, 2012 Page 4 of 5 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 Meeting Agenda — Tuesday, October 02, 2012 Page 5 of 5 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 ouncil October 2, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, October 2, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Watters, Caleb Hood, John Overton, Perry Palmer, Steve Siddoway 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: Good evening. I'd like to welcome you to the Meridian City Council meeting and certainly would like to recognize our Boy Scout troop here tonight. We always enjoy seeing our -- young faces in our audience. So welcome to our meeting. Also to the visitors on this side of the room as well. So, thank you for joining us. For the record it is Tuesday, October 2nd. It's 7:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance Troop 168 w/ Meadowgrass LDS Ward De Weerd: Item No. 2 is our Pledge of Allegiance and tonight we will be lead -- of course I have buried it, where ever I put it. We are going to be led by two Boy Scouts and I think one was George May -- did I get that right? And someone by the name of Diam. Logan Diam. Logan Diam. If you will, please, all arise and join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) De Weerd: Boys, I would like to offer, since you must have drawn the short straw, two Meridian City pins. Thank you for leading us today. Item 3: Community Invocation by Stephanie Moore of Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Stephanie Moore with the Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us, Stephanie. Meridian City Council October 2, 2012 Page 2 of 42 Moore: Thank you. Please pray with me. God, we thank you for this beautiful evening in which we can see so many lovely things that you have created for us to wonder at and to explore and to enjoy and, God, in the middle of such beautiful things sometimes it's really difficult to come to a meeting and sit down and deal with really tedious things, but, God, we know that the tedious things still need to be taken care of, people's lives are impacted, and you honor us for taking care of those sorts of things. I pray that in tonight's agenda and the people who are here to see to those things that you would bless them for their commitment to this community and to one another and to the dialogue that's so necessary for that. We do thank you so much for your presence in all of that and especially your guidance and so we pray for your presence in all of that and especially your guidance and so pray for this evening in Jesus' name, amen. :tem 4: Adoption of - Agenda De Weerd: Thank you, Stephanie. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Couple of Items to note on tonight's agenda. Under Item 5-0, that resolution number is 12-873. 5-P is resolution 12-874. 5-Q is resolution number 12-875. Also under Action Items, Item 7-E is resolution number 12-876 and 7-G is ordinance number 12-1530. Under Department Reports, Item 8-A is resolution number 12-877. And also under ordinances 9-A will be a second reading only out of the ordinance. With those noted, Madam Mayor, I move adoption of the agenda. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Professional Services Agreement with J. Amber Conger for Refinerii for Preparation of Meridian Split Corridor Phase 2 Public Art Project Proposal a Not -to -Exceed Amount of $1,500.00 B. Professional Services Agreement with Byron W. Folwell for Studio Maelstrom, LLC for Preparation of Meridian Split Corridor Phase 2 Public Art Project Proposal for a Not -to -Exceed Amount of $1,500.00 C. Professional Services Agreement with Ellen Nasvik for Post Modern Concrete for Preparation of Meridian Split Corridor Phase Meridian City Council October 2, 2012 Page 3 of 42 2 Public Art Project Proposal for a Not -to -Exceed Amount of $1,500.00 D. Joint Powers Subscriber Agreement with ICRMP E. Approval of Agreement for Professional Audit Services for FY2012 to Eide Bailly for the Not -To -Exceed Amount of $52,750.00 F. Approval of Agreement for "Parks and Recreation Maintenance Facility - Pre -Engineered Metal Building Construction" to Alpine Construction, Inc. for a Not -To -Exceed amount of $72,411.00 G. Approval of IDScan.net End User License Agreement H. Findings of Fact, Conclusions of Law for Approval: PP 12-005 Canterbury Commons by Heartland Homes, LLC Located at South Side of W. Pine Avenue, East of N. Ten Mile Road Request: Preliminary Plat Approval of 107 Residential Lots and 12 Common Lots on 21.45 Acres in an Existing R-15 Zone I. Findings of Fact, Conclusions of Law for Approval: MDA 12- 002 Canterbury Commons by Heartland Homes, LLC Located South Side of W. Pine Avenue, East of N. Ten Mile Road Request: Amend the Recorded Development Agreement (Inst. #106187188) for the Purpose of Removing Certain DA Provisions That Are No Longer Applicable AND Adding New DA Provisions Relevant to the Proposed Canterbury Commons Subdivision J. Findings of Fact, Conclusions of Law for Approval: AZ 12-003 Olson & Bush by Ronald Van Auker Located at 2950 E. Franklin Road Request: Annexation and Zoning a Total of 7.2 Acres of Land to the C -G (1.41 Acres) and I -L (5.78 Acres) Zoning Districts K. Findings of Fact, Conclusions of Law for Approval: RZ 12-001 Paramount East by Brighton Development Located West Side of Meridian Road, Between W. Producer Drive and E. McMillan Road Request: Rezone of 12.47 Acres of Land from the L -O (Limited Office) Zone to the R-8 (Medium Density Residential) Zone L. Findings of Fact, Conclusions of Law for Approval: PP 12-002 Paramount East by Brighton Development Located West Side of Meridian Road, Between W. Producer Drive and E. McMillan Meridian City Council October 2, 2012 Page 4 of 42 Road Request: Preliminary Plat Approval of 46 Residential Lots and Six (6) Common Lots on 12.90 Acres in a Proposed R-8 Zone M. Findings of Fact, Conclusions of Law for Approval: AZ 12-005 TM Crossing by Brighton Investments, LLC, Steven Smith and CRS10 Located Northeast Corner of 1-84 and S. Ten Mile Road Request: Annexation and Zoning of 89.22 Acres of Land from the RUT Zoning District to the C -G (General Retail & Service Commercial) Zoning District N. Findings of Fact, Conclusions of Law for Approval: PP 12-003 TM Crossing by Brighton Investments, LLC, Steven Smith and CRS10 Located Northeast Corner of 1-84 and S. Ten Mile Road Request: Preliminary Plat Approval of 50 Commercial Building O. Resolution No. 12-873: CPAM 12-003 Olson & Bush by Ronald W. Van Auker Located at 2950 E. Franklin Road Request: Amend the Comprehensive Plan Future Land Use Map Designation on 5.66 +/- Acres of Land From Commercial to Industrial P. Resolution No. 12-874: CPAM 12-002 Paramount East by Brighton Development Located West Side of Meridian Road, Between W. Producer Drive and E. McMillan Road Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on Approximately 12.90 Acres of Land from Office to Medium Density Residential (MDR) Q. Resolution No. 12-875: CPAM 12-001 TM Crossing by Brighton Investments LLC, Steven Smith and CRS10 Located Northeast Corner of 1-84 and S. Ten Mile Road Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 75.5 Acres of Land from LC (Lifestyle Center), MHDR (Medium High Density Residential) and HDE (High Density Employment) to Commercial De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council October 2, 2012 Page 5 of 42 Hoaglun: Under Item 5 1 have noted 5-0 is resolution 12-873. 5-P is resolution number 12-874 and 5-Q is resolution number 12-875. 1 would move approval of the Consent Agenda and the Mayor to sign and Clerk attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as printed. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing: CPAT 12-001 South Meridian by Meridian Community Development Department Request: Amend the Text of the City of Meridian Comprehensive Plan Which Includes the Following: 1) Changes to the 2010 Existing Conditions Report; 2) The Addition of the Airport -Overland Road Extensions; 3) Changes to the Ten Mile Specific Area Plan (TMISAP); and 4) Miscellaneous Text Changes to the Comprehensive Plan B. Public Hearing: CPAM 12-004 South Meridian by Meridian Community Development Department Request: Amend the Future Land Use Map (FLUM) to Designate Future Land Uses AND Amend the Area of City Impact (AOCI) in South Meridian De Weerd: So, we will move to our Action Items, 7-A, a public hearing on CPAT 12- 001. I'll ask for staff comments at this time. Hood: Thank you, Madam Mayor, Members of the Council. If you wouldn't mind, would you mind opening up 7-B as well concurrently. I will tackle them separately, but they do integrate quite well together, so if you don't mind opening both of those. De Weerd: I sure would. I will also open up 7-B on public hearing CPAM 12-004. Thank you, Caleb. Meridian City Council October 2, 2012 Page 6 of 42 Hood: Thank you, Madam Mayor, Members of the Council. I think probably some of the inspiration for the invocation tonight was after Ms. Moore looked at the agenda and saw these two items. It is a little tedious, but it is important. So, I hope that you will bear with me and give me some time to run through a lot of the changes we are proposing to our Comprehensive Plan. Our Comp Plan is now a little over a year old and we do have some updates to it that we would like to propose that you adopt into the Comprehensive Plan, both in the text of the plan, as well as the future land use map. So, I'm going to go through both of those and, again, it is kind of integrated and I will point out most of the times where there is map and text changes that are proposed concurrently. So, the big item, the item headliner is the south Meridian land use plan. This is something that we as a planning division have been working on several years now and we have had a new process that -- that we integrated to try to come to some resolution in southwest Meridian and we think we have an answer for you this evening and we will propose that here in a minute. The rest of the items on here we will run through some of them, we will spend a little bit more time on than others. These aren't listed in any particular order necessarily, but, again, we will spend probably more time on -- on the map itself and in south Meridian. I do want to -- in Item 10 here the other miscellaneous clean up, I don't want to just gloss over those. There were quite a few changes -- text changes, but most of them are pretty tedious. So, hopefully you have had a chance to review that attachment and concur with those. I'm not planning on going through them item by item, but they were -- you should have found all those changes in your packet for this evening. I'm going to start with the future land use map. I use FLUM, so pardon me if I slip there into my -- some say FLUM, some say FLUM, Future Land Use Map. This is CPAM 12-004. So, we will jump into some of the changes. So, on the left-hand side of this slide you can see what we have had our on map since 2008. We grade the area -- this area out when we couldn't really come to some concurrence on what the appropriate land use designations were in this area and we refer to it currently as a future planning area. So, that's what is on the books right now on the left. On the right is the preferred land use scenario from three public workshops that happened here earlier this year between February and the final report in July. There were about six different iterations of a map and land use designations in that southwest area. We included members of the city of Nampa, Nampa Highway District, Ada County, Brent Danielson is here in the audience this evening, by the way. ACHD, COMPASS, our own Public Works, Central District Health Department and, then, we hired out Parametrics to assist us in some of the logistics for the plan helping us compose the report. So, I'd like to thank all of them for making this happen. We did something a little bit different. You all were there at the first public workshop where we played the You Are The Map game. That was a little new for us. We thought it was pretty good. Would have hoped the turnout would have been a little bit higher, but we thought the process was valuable. In fact, we are doing our presentation at the Idaho APA conference here next week on that with Parametrics staff. So, hopefully, it takes hold and others are able to replicate what we did with that game. We also set up the -- a separate individual website -- project website where people could come and touch base that are curious in that area of what was happening with south Meridian. Props to Brian, he oversaw that and maintained that website. It's still up and running. We let people know, you know, hey, there is a hearing today, those types of things on the Meridian City Council October 2, 2012 Page 7 of 42 website. We also used the Valley Times, obviously, to notice and do an article. Our own city website we e-mailed people, we phoned -- made phone calls, wrote letters, Twitter, Facebook, city news stories, et cetera. So, we tried to get the word out there, engage folks. You know, it's not always what you hope sometimes with the turnout, but we thought we got a pretty good cross -representation from the people that did engage and they stayed engaged throughout the process, so that was encouraging. Some of the factors that we considered as we were contemplating appropriate land uses for this area include prime soils and irrigation land, the topography, nitrate -- high nitrate area levels you can see on that -- that -- I guess the map. It's closer. there is some nitrate issues in the area down there. So, those -- there is some of the things factored in. Topography, obviously, and sewer sheds are something we factored in. So, you can see here these aren't the official sewer shed numbers, just for our ease we number different sewer sheds. The orangish lines represent basically high point and so the middle of these areas -- I hope Warren doesn't kill me, but, basically, the base -- the basin of sewer shed nine is something like that. So, it drains to the middle of that and so that's essentially where your line would be to collect sewer and, then, push it back to your treatment facility. Also just point out associated with that we got this slide, it also shows topographical features, so there you can kind of see where some of those ridges are on the plan, too. So, those are just some of the things that were considered as we went through this project process. You can also see -- we called out a separate sewer shed down here in one hundred -- maybe I will -- it's a little bit hard to see on this presentation, but Kuna -- the city of Kuna has annexed a large portion of that area that we have got labeled as one hundred in that sewer shed. So, just wanted to point that out that Kuna has annexed some properties within our planning study area as well. So, what we heard from folks was -- particularly in this -- this lower southwestern most portion of the planning area was that they preferred the area to stay rural. That was an overarching theme that we heard from a lot of people, not just in that area, but as you can see from the proposed designations a lot of this there was -- we heard from a lot of people that they like it how it is and would like to kind of retain a lot of that rural character, save maybe the Ten Mile corridor. We heard a lot of people say that Ten Mile -- they envision something a little bit different along the Ten Mile corridor. So, as you can see we have some mixed use areas, a little bit more intense density, just off of that corridor as well and so we have responded to some of those comments. After getting those comments back we met with Public Works and I'm not going to steal Warren's thunder, but I do want to go back to the first part of the slide. Staff originally recommended in this application before you that we remove the area that's cross- hatched from our area of impact. Tonight I would ask an amendment to that original staff proposal and the Commission -- the Planning and Zoning Commission agreed with staff's original recommendation. We would like a little more time to think about that, if now is the appropriate time to do that or not. Certainly there is no big push or any reason at this time where we need to release that back to Ada County if that's, in fact, what we want to do, but maybe just a little bit more time to understand all the implications of that. And so instead what I would recommend tonight is that we -- we go with the land use designations that we heard from, the stake holders that participated and that we add a new designation onto our future land use map for a rural estate residential designation. That is the lightest green color you see here. We currently Meridian City Council October 2, 2012 Page 8 of 42 don't have that. I can jump there if you'd like, but I have got a slide coming up when I talk about the text portion of these changes, it basically calls out what it means to be in this -- this lighter green color and it is meant to essentially preserve a lot of what's there now for agricultural and low density residential up to one dwelling unit per five acres and to be sensitive to new development needs to be sensitive to existing neighbors, so -- in a nutshell that's what it says. Again, I can go -- there is a slide 18 if you like right now. I did want to pause, though, and give Warren an opportunity to -- to further explain some of the implications of your decision tonight, so -- Stewart: Good evening. De Weerd: Hi, Warren. Stewart: Madam Mayor, Members of the Council -- and, Caleb, you can come draw for me anytime. I wanted to just take a moment and talk about some of the utility serviceability implications and/or impacts that this plan may have. As you may know, our current master plan, which was for sewer -- our sewer master plan, which was completed in 2010, essentially contemplates sewer service to this entire portion of south Meridian and -- but it also contemplated in that plan that the densities throughout this area would be at a minimum of about three dwelling units per acre. Because based on our analysis then, as well as some follow-up analysis that we have done recently it takes about three dwelling units per acre to, essentially, justify the installation, maintenance, and operation of that infrastructure for the long term. We heard from the community, as Caleb has said, that in this southern most portion, which I will call the Mason Creek sewer shed, which -- if this will draw for me -- is essentially this area. That they didn't want that kind of density and they -- the real -- the thing that I kind of want to discuss with you a little bit tonight is that if we go ahead and do this as is recommended, we would probably be seeking a modification to our master plan that would, essentially, remove this area from the eventual installation and construction of infrastructure. We currently plan to serve this area with a series of trunk mains and lift stations along the McDermott corridor. Those lift stations and sewer trunk lines are sized to accommodate that entire area and if you chose to exclude that area we could reduce the size of those main lines and those lift stations and save the city a lot of money. Even this line that we are talking about actually extends further way off the map and goes to the north here. Eventually it's about a 40 inch diameter line and we could -- you know, those are incredibly deep and expensive to install and if we remove that area we could potentially have significant savings in that sewer infrastructure. So, we wanted to make sure that we would be seeking your direction on what you would like us to do for that southern- most portion of this planning area. There are a couple of other things there I think that are important to note. It would not only be, you know, difficult for the City of Meridian economically to serve that, but because there is another option in close proximity that might be more feasible, it would be I think -- if we -- the other option is sort of to go ahead and build that infrastructure to serve the entire area and -- with the idea that someday that area may change -- that that zoning may change. But even if it were -- if there were pressures immediately to develop in that -- in that area there is other options that would probably be less expensive. So, I guess it's just -- you know, Meridian City Council October 2, 2012 Page 9 of 42 sort of a gamble and I want to make sure that those different issues were understood. With that I guess I will stand for any questions that you may have with regards to serviceability, especially sewer serviceability in this area. De Weerd: Thank you, Warren. Council, any questions at this time? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a clarification and discussion, I guess, of an opinion. The area that you have outlined and the -- I have attended the meetings, the people that live there have been pretty clear about -- as Caleb said, they like the way it is now and they'd like it to stay that way. If it stayed at those kind of densities I am making the assumption that their current service, which is private septic systems and private wells, would serve a very low density population very well without us doing anything. But the flip side of that is, as you say, if -- if we choose not to plan to serve that area, because it's going to stay low density and they can serve themselves privately, that's a decision that's hard to undue, because as you say downstream we would put in smaller pipes, fewer pumps, and to undo that 30, 40 years from now would, essentially mean digging up all our infrastructure and putting in bigger; is that correct? Stewart: Essentially that is correct. Either putting in larger or parallel lines. Zaremba: So, we are talking about a pretty permanent decision here. Steward: Yeah. And I apologize, but, yes, that's kind of the -- kind of the point of that was trying to get across is that if we elect to do this and to scale back our infrastructure installation now, it has very long-term implications. Zaremba: Thank you. De Weerd: And I guess you have to understand that this is not just about sewer. We have other city services that we have planned according to our area of impact that are impacted as well. So, it's -- sewer is essential and important, but it's -- it's not all that we have to -- that we are committing to. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question, Warren. Is it a problem for Public Works if we take a look at that -- putting something in text and just kind of letting this sit and knowing it's a unique area and we may do something in the future, but not necessarily act on that now, but -- Meridian City Council October 2, 2012 Page 10 of 42 mean the points you make are -- and in our previous meetings I mean they are very good points and there are other options out there that could be explored, but is that something if we kind of just let it sit, put in some text and just kind of see what ripens down the road? Stewart: Well, I'm not sure I understand your question. I'll try and answer it and you tell me if I'm -- if I got close. Hoaglun: Okay. Stewart: We are certainly willing -- in fact, we have had some discussion about whether we leave this area with -- in the impact area of the city and I certainly see no harm in leaving it that way for the time being. At some point -- we are not there yet, but at some point we are going to start marching down the McDermott corridor with infrastructure and we will have to make a decision whether we are going to size that infrastructure to accommodate this area or not. That's not today, but if the economy picks up it could happen relatively soon. We don't know. I don't have a crystal ball. But -- does that help? Hoaglun: It does. So, we do have some time to kind of see how this proceeds, but there will be that decision point where, okay, what's it going to be, because we have got to go and you guys will be kind of pushing us to make that decision it sounds like. Stewart: Yeah. That's a fair statement. Hoaglun: Okay. Thanks, Warren. De Weerd: Well -- and I guess just to add in the sewer master, this has been kind of that last priority or last phase of the master plan, so -- and that's why it makes sense to keep it as it is with the public participation and reflecting their desires that really doesn't conflict with our sewer master plan at this point in service, but I guess it's time to revisit it as far as densities and what we do with our partner to the south. Stewart: Yeah. Madam Mayor, I believe that -- if I understood you correctly, that is true. I mean we have some time. We haven't started down that path. When we do start down that path, which will occur in an area north of what this map even shows, we will need to make a decision at that point whether -- we want to size things accordingly or where we want to go. I just wanted to come tonight, make sure everybody understood sort of these serviceability implications. We are certainly, you know, willing to march down whatever road we get direction to go down, we just want to make sure that you guys have all the information you need to make a decision. De Weerd: Anything further from Council? Okay. Thank you. Stewart: Thank you. Meridian City Council October 2, 2012 Page 11 of 42 Hood: He will let me draw for him, but he won't let me speak for him. Thank you, Warren. Appreciate it. So, some of the other infrastructure you mentioned, Madam Mayor, that -- you know, sewer is not the only utility that was looked at. The roadways are also looked at by ACHD concurrently with this study. They looked at the impacts based on the preferred land use scenario and I'm going to quickly fly through this slide, but, basically, it has cross-sections and improvements, it's a roundabout or a signalized intersection, a number of lanes, based on the land uses that were contemplated from the general public. Also the existing master street map and a proposed street map will be amended to reflect those changes that the land use dictates, so typology is what we are talking about here. So, how wide are the sidewalks, the bike lanes, center medians, those types of things. So, what you have on the left is the existing typologies of cross- sections in the master street map and on the right are the proposed. A lot of the changes actually have to do with the collector network and, again, Ten Mile, because Ten Mile before was in this future planning referral area, which, basically, took us ultra low density and now that we have that you can see that Ten Mile portions of it are planned commercial, rural still down in the southwest portion and, then, residential arterials, which about 85 or 90 percent of our roadways in Meridian are residential arterials. So, those are our proposed roadway typologies we will work with the highway district on amending. And I want to quickly go, unless there is any comments on that slide -- De Weerd: I guess, Caleb, my only question to you is when we did our Comprehensive Plan a while back and that was some years ago -- ACHD didn't like us putting collector roads in these square grids and they are good with it now? Hood: Madam Mayor, yeah, it's kind of a case by case. Generally, though, you do want a collector -- at least one collector east -west and one north -south per mile section. And we are designating them now in the master street map. You know, the difference between an arterial and a collector is they won't build the arterials -- at least that's there policy, they won't -- you know, arterials will be constructed by the highway district, but this is more for planning purposes and it helps us in the planning department say, hey, we need a collector as development occurs in this general location. Some of them reflect existing roadways and some of them are future roadways, so -- De Weerd: I think the concern in the past has been that they didn't want to have to pay for it. So, they didn't want it on our plan. Hood: Again, again, Madam Mayor, this -- they wouldn't be paying for the collectors, but it helps us plan for that infrastructure knowing that you have been doing it -- De Weerd: Okay. Just want to make sure. Thumbs up, Justin? All right. Hood: It doesn't go in the programming side of things, the collectors, but the arterials will, if that -- any questions on that one? Rountree: Madam Mayor? Meridian City Council October 2, 2012 Page 12 of 42 De Weerd: Mr. Rountree. Rountree: Caleb, back to -- it shows that that S curve on Overland is residential. I'm not sure that's -- if it's an arterial or it's a collector, but it's certainly not necessarily all residential. And, then, that airport road from that point west is a different alignment that you show on your existing in this end and I don't think that they are different. Hood: Madam Mayor, Councilman Rountree, to your first point, the -- the Overland -- that section of Overland is outside of the study boundaries. I can certainly work with ACHD on that, we just didn't feel comfortable at the staff level making that change without any -- you know, if that wasn't something that was discussed or evaluated as part of this. I will work with ACRD and if that's what we want to designate it, planning commercial or -- I'd have to look at the adjacent land uses, I can't remember exactly what Southridge has there, but -- Friedman: Madam Mayor, Members of the Council, currently in the Southridge Development we have, essentially, multi -family plans for that area just south of the curve, if you will, south of the S. Right now the zoning to the north of it is I believe R-8, but we had a Comprehensive Plan amendment here a couple years back to make it mixed employment. They haven't come forward with their rezone application yet. So, you are going to see mixed employment on the north side of the S there. Hood: So, if we could make that change on the map. And, then, regarding the alignment, Brian looked at the -- the preferred alignment 2D and so what we have -- on the proposed master street map that -- that most closely reflects the referred alignment versus just the -- we don't know exactly, so it's not an exact center line, but it does generally reflect what alternate 2D looks like and I have another slide and we can look at that here in a little bit, too, so -- we did clean that up based on the study. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Caleb, I just want to be sure if you can reassure me that on Ten Mile, you know, we have the red plan commercial and the blue is residential, that doesn't necessarily mean the road is going to be residential, just two lane, whereas commercial might be two lanes -- the center turn lane and made four lane and narrowed down. It's just that's a reflection of what may be on each side of the road or one side to the other, but the road would be able to accommodate that traffic on that corridor; correct? Hood: Madam Bird, Councilman Hoaglun, you're correct. And I -- I know it's a little bit blurry on this side, but you can see Ten Mile here is a five lane roadway, it's a little bit difficult to see here. Literally that other map I was just on just talks about, again, basically outside of your -- your drive aisles, what happens. Do you need bike lanes? Are they extra wide sidewalks like in a downtown area where you're looking for 12 foot Meridian City Council October 2, 2012 Page 13 of 42 wide sidewalks or a five foot detached or seven foot attached, that's really what a lot of the typologies get to is the entire cross -sidewalk, not just 11 and a half foot travel lanes for a number of cars, it's the context of the interaction of bikes, plus cars, so that's -- Hoaglun: Okay. Good. I just want to be sure that -- Hood: It's a good question, though. Sorry. Some of this stuff I'm -- but it's a good question and if you have others like that, that's what the livable street design guide really talks about, the typology section, not the number of lanes. Here is a quick summary of what ACHD did. I talked about the first one, we will pursue amendment with ACRD. The CIP shows that, basically, there is no changes needed. I didn't plan it out previously, but the -- the study that ACHD did didn't assume Airport or Overland would be constructed by the horizon year of 2035, which is probably a good assumption. We asked them to look at it. Well, what if it was. What does that do to the need for victory to be a three to five lane roadway and they helped us look at some of that stuff, but the assumptions were that the Overland extension wouldn't be constructed by horizon year. We will look at Victory a little bit more with them doing a specific corridor study on it if we need to preserve for five or not. And all intersections are consistent with the 2009 south Meridian study, as well as the Ten Mile corridor study, which I have been -- just this past year we have talked about the Ten Mile intersections that I'm looking at the intersections. So, you see in this diagram are the four red intersections are different than what the previous plans called for. Probably the biggest one is Ten Mile - Lake Hazel. Previously at Ten Mile and Lake Hazel there was a -- a roundabout and now it's planned to be a signal. So, that was the biggest -- biggest change. Some of these other configurations of the Linder Road intersections are just the configurations. They were always planned to be signalized and just, oh, we need an extra right hand turn lane or dual left instead. Some minor tweaks to the intersection configuration. But that Lake Hazel - Ten Mile one is different than what the corridor study plan called for in its 2009 study. So just -- that will be signalized. That's what this study calls, signalizing it, instead of a roundabout. De Weerd: Caleb, is that also consistent with the COMPASS Communities In Motion? Hood: Madam Mayor, this is a little bit ahead of that process. They are still trying to figure out exactly what that preferred land use scenario is and in looking at funded and unfunded corridors. So, it's not inconsistent, but it doesn't exactly match up, because this is a little bit ahead of that, so -- I mentioned previously that on the PAG COMPASS was involved, so Mary Ann Waldinger at COMPASS was on our PAG involved -- they have been involved in this process, including looking at modeling this is ACHD. So, they are fully aware of some of the recommendations that Parametrics and ACHD are calling for in this area and we will make sure, again, it's actually integrated and planned to happen within the year 2040. De Weerd: Okay. Meridian City Council October 2, 2012 Page 14 of 42 Hood: And just the last bullet on this. I thought it was interesting -- and Amar threw it out there when he -- he made this presentation to the Commission that three lane roundabouts may be considered in the future. He didn't say how far out they were and you could see some interesting looks, but he didn't want to give it up or at least he was being coaxed by others over there to not give up maybe three lane -- three lane wide roundabouts, but I wouldn't hold my breath happening anytime soon. So, a couple of other changes to -- to the map and, again, this one -- this one I'm going to show you here overlaps with also text changes and application. The downtown transportation network, what we had proposed to add onto the future land use map are dashed lines for both the third street alignment that was done in 2009 by Six Mile and it just hopes to clarify for people that we envision this extension in the future, Third Street making that connection. Similarly -- and we have talked about this previously -- is an extension of Broadway slash Idaho over to Commercial Drive to provide that east -west connectivity, because, again, Pine is the only thing between Fairview and Franklin east -west in the downtown. You can't get from Locust Grove to downtown or vice -versa. So, what you see here is not an exact alignment and some of the other things we have talked about tonight, but just more of the text which says, you know, we need this -- we need to explore opportunities to connect commercial back with Main Street. So, however that needs to happen, either Idaho and/or Broadway, but some compilation to get motorists and bicyclists back into downtown or out of downtown. So, these are changes we propose to add to the map. De Weerd: But those would be developer driven. Hood: Madam Mayor, yes, those would both be developer driven. So, those are the changes for the downtown transportation network to again, both the map and the text. Similar story here for the Overland extension. We have talked about this. I'm not going to go into it too much, but for those that may have not been familiar with -- the alignment study was completed in 2011 -- July of 2011. City of Nampa and Nampa Highway District No. 1, ITD, ACHD, Parametrics, I participated. Councilman Zaremba was there. They had two public involvement meetings. I have been here at least a couple if not a few times presenting to you and getting feedback from you on a preferred alternative and that was alignment 2B was the preferred alignment and so, again, we propose to add this to our future land use map just so it's clear envision, again, another developer driven project. At least at this point in time this is one of the rare arterials that we aren't looking for ACHD to fund construction of that, at least at this point in time. I think they are open to other funding sources, but -- so here are the -- the -- in totality the changes to the map. And this is kind of a before and after shot and just so -- so, here is what it looks like today. Here is what it looks like -- as you can see, most of the changes in the southwest portion of our area of impact. Kleiner Park Number One and Number Seven, the Ten Mile interchange, are both still shown as future on our map, so we just change those to existing parks and existing interchanges. I already talked about number two, three and four, those are just 3rd Street and Broadway extension and the Overland alignment. And, then, our entryway corridors. So, what we have done is to be consistent through the city I designated that first half mile corridor kind of depending on the arterial and if it's a principal or minor arterial designating the entryway corridors into Meridian City Council October 2, 2012 Page 15 of 42 our city. So, in essence, those are the actual maps --- the land use map changes -- have just one more -- maybe two more slides that show the legend, because there were a couple changes to the legend, too, but it's a quick summary of all the changes. Any questions on that slide? De Weerd: Okay. Council, any questions? Okay. Hood: This -- real quickly on this one. Again, here is some amendments to the legend. Not going to even talk about those. Those are pretty straight forward. So, here is the on the left Commission recommended future land use map. Again, the main change or this is the only change. Removing the area in southwest from the area of impact versus what staff is recommending this evening is to go with the land use designations for now, reevaluate it, see where we are at in a year or two, three, whatever. I don't know how long that is, but reevaluate that to see what makes sense and, then, also the blue arrow down below we would add the designation of rural estate residential to the legend on our map, so it -- that means something to people when they see that green color, so that's -- that's the map we would ask you to -- to approve this evening. And that is my conclusion on the map changes. I do have some text changes I will call out, but we are almost there, I promise. De Weerd: Thank you. Hood: Questions on the map? De Weerd: Council, anything at this time? Okay. Hood: Okay. On the CPAT 12-001. So, in the packet I mentioned -- you should have received the entire list of changes to the goals, objectives, and action item table. We worked with all the departments here at the city to figure out the priority for these out of the priority column or it's been relocated, excuse me, and we added a numbering system. We even readdressed the responsible lead. Again, it's only been a little over a year since we adopted this, but we wanted to make sure we had it right. You know, this one is a -- it's not planning, it's now community development, so we changed that throughout. There is some other ones where it moved from -- well, there is an example on here -- Mayor's office to parks and fire being the responsible lead. So, we had a handful of those based on comments -- De Weerd: I love the -- I love that comment. Hood: So, again, all the changes -- all the text changes are in the application itself. will just highlight a few of what I think are a little bit more important changes. We did clarify in the text that when we are talking about residential density, we are talking about gross residential density, so it wasn't -- is it net or is it gross, we are specifically saying we are talking about gross densities in residential areas. So, the MUI designation or mixed use interchange areas along State Highway 16, since they are -- the preferred alignment is done and we know where the three interchanges are going. We are Meridian City Council October 2, 2012 Page 16 of 42 changing the designation -- or the text in those plans to reference those specific interchange locations to clarify on the map. The text before was getting a little more vague about what the -- the mixed use interchange areas -- where they were. SSC is now Republic Services. Qwest is CenturyLink. The future acquisitions office. This is something we also talked about a few times. So, this is something I wanted to -- to call out. What staff is proposing is to disregard the idea of the future acquisitions map as we talked about last time we talked about this, but we will work on an internal future facilities map that consolidates existing and planned infrastructure and we can use kind of internally to make sure that if we can share resources or land or whatever that we can -- we are all on the same page there. So, that's something that we have talked about previously and that was should we go the direction given at previous meetings. Some of the acronyms have been -- been amended, clarified. We are cross-referencing MDC's Destination Downtown plan and integrating that into Chapter Seven, so that's come on line since we adopted the comp plan here a year and a half ago and the Western Heritage Byway is now also called out as being an important thing we need to highlight in -- economic development opportunities and some other things to really highlight that the Western Heritage Byway is something to build upon. So, those are, again, in a nutshell some of the more significant minor changes, if you will, to the text. Here is the aforementioned real estate residential text that we had asked you to approve. This is assuming that you go with staff's amended recommendation tonight and we have a real estate designation for properties in southwest. I will give you just a minute to read it. De Weerd: So, Caleb, would it allow ag uses on it, livestock or hobby farming, those kind of things? Hood: Yes, Madam Mayor, that is a part of the intent of this area is to allow those uses to continue and if you have a development that would be a five acre hobby farm development that's something that we could -- we could allow in this -- in this designation or in these areas that are designated. So, yes. those are the highlights of this -- the format of this paragraph is consistent with how the other residential districts read. The only real changes we have on there may or may not have city services, so we -- that's not typical in our comp plan and, then, again, yeah, the ag and single family homes. So it can be both a density of one unit per five. Makes it pretty rural, so -- but that is the vision, essentially, at least to this point. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: The only comment I would make is that there is a provision for protecting view sheds and I'm not sure we can do that. In whose eyes? Hood: Madam Mayor, Councilman Charlie -- or Rountree. Sorry. Rountree: That's close enough. Meridian City Council October 2, 2012 Page 17 of 42 Hood: If you want to strike that, that is -- it is something we are proposing to you this evening, so if you're not comfortable with that -- it would be difficult for us to enforce. This is a vision document, it's not an enforcement tool, so we are really just asking people to be respectful of that, don't build 40 foot homes. You're right, though, I mean if they put something in -- if they propose something and it met our code -- Rountree: If the intent of this to -- a vision and the intent is a guide then -- then the word respect as opposed to protect would be probably more appropriate, as opposed to imply that we have some enforcement ability. Hood: I like that change. If the maker of the motion would note that, that would be excellent for later this -- in a couple of minutes. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would support that as well. I -- one of the -- back in the days when I was on the Planning and Zoning Commission one of our precepts was that you're not guaranteed a view through your neighbor's property and while I agree that it would be nice to help people be respectful of it, it's a little too sensitive to say we would protect it, so -- I like that idea. I would ask one other question if I may, Madam Mayor? De Weerd: Yes. Zaremba: Different subject. And this is on the -- uses my include agricultural related activities and I want to make sure that would include -- if the area is going to stay low density and mostly rural and have operations on the properties, there is a certain infrastructure that also has to go along with that to make it viable. In other words, there needs to be co-ops and exchanges and as long as we are thinking that agricultural related activities would not preclude having a co-op someplace, which, essentially, looks like a business, not a residence, but places where they can take their goods and combine them and sell them and maybe even some farmers markets, is that what agricultural related activities would include? Hood: Madam Mayor, Councilman Zaremba, in the context of that I don't think it was, because we got the larger scale before that. But certainly a co-op idea is something that was envisioned in this definition. So, having a place for them to sell goods that are -- that are grown or raised on site or in a general vicinity is something that could be envisioned here. I will just kind of take that next step, if the Council likes this definition or some version of this and this designation what we need to do is, then, work in the code section of the UDC to come up with allowed, prohibited, conditionally allowed uses within a zoning district. We need to come up with a zoning district for this. R-2 doesn't quite work for this. So, we are going to need to come up with an RR or an RES or whatever we are going to call it in the UDC, so we can address things like you're talking Meridian City Council October 2, 2012 Page 18 of 42 about. Some retail sort of type things or some -- you know, just the use of it may be marginal, so maybe that's a CUP in this zone. Whether they are allowed with conditions versus if you want to grow crops it's principally permitted or if you want to do a subdivision you just need a plat. So, we haven't quite got to that level. We wanted to see what the feedback was this evening, but that's one of the next steps that we will need to work with others in the planning division and legal to work on updating the UDC to reflect a lot of uses in this designation, so -- Zaremba: Great. Thank you. Hood: I think Pete has something maybe to add. Friedman: Madam Mayor, Members of the Council, Council Member, I, in terms of the context of the south Meridian plan, I think the immediacy of addressing those kinds of things is lower on our list than it is higher on the list, because it will still remain in Ada County, it will be the five acre lot size, it will be consistent with their RUT zoning and so some of those uses that they allow or may not allow are the produce stands and things of that, but as Caleb did rightly say as we think to the north and as we now are in our FY -2013 year and we look at the fields district that may be the time as we do our market analysis and, then, our comp plan amendment, build in some time and some thought to coming up with that sort of urban agricultural zone and so forth, because I -- I see more immediacy in the fields area than I necessarily do in our south Meridian area, but -- De Weerd: Yeah. Because in the fields district that, too, will address more business potential of that ag use as we are trying to define. Mr. Hoaglun. Hoaglun: Madam Mayor, just -- I was thinking along the same line and this is more detail oriented. How do we -- if this is an agricultural use area and people want to sell eggs or they are selling calves -- I mean -- and this is within the city, it's in a -- we have got a bunch of other things to come, but that's more detail oriented, this is a little broader right now, so more fun to come. Hood: Madam Mayor, I can let the Council know -- I mean we do have things like occupations and things. I think it prohibits a lot of the retail sales, but if you do grow or make some of that stuff on site you can sell -- we will address that and thank you, Pete, for that clarification, because I do -- don't expect -- you know, we are still a mile, mile and a half, two miles away from touching this and it even being contiguous to the City of Meridian and being eligible for annexation with one of our zoning designations. So, we think we do have some time to work on what's appropriate in these areas and may be this morphs into something more for fields. So, that was a -- I appreciate that -- that comments. Any other questions on this text or how we may use this? Okay. Entry monument signs. So, in chapter two, which is our community design -- community design chapter of the Comp Plan, we have three new action items under strengthen community pride and identity, that goal within our Comp Plan. So, I want to just bring this back to you all and this is the sign that we will be asking developers to build as they annex in through development agreements and whatnot. So, as they -- as they -- as Meridian City Council October 2, 2012 Page 19 of 42 they develop they are looking for something like that and over time -- or if it's a constrained situation will retro fit with the more vertical -- the more vertical sign. But I just wanted to bring this back before everybody. This has been on your docket for a couple of other things in the recent past, a couple of entryway signs, so we will be working with a couple of other developers on building the sign on the bottom here. Just a rough ballpark, depending on how it's constructed and everything, about 10,000 dollars or so for the sign on the bottom is a rough estimate. So, again, there is more to come on that, but we are going to get some specs on how to build that here in the near future. And real quick on this slide in the existing conditions report, part of the text got covered by -- by the graphic, so we are just proposing to move the graphic up and they can read the text that references the livable street design guide and, then, finally, the Ten Mile specific area plan -- the definition of canopies and the interpretation of canopies and the terminology with the UDC we are just trying to clarify all that so we are consistent throughout our planning documents and our code and, then, also adding pedestrian scale building enhancements, awnings that also include the canopy kind of definition and lighting for those awnings. So, the UDC side of the amendments will be coming in the new future, so, again, we are all on the same page and it's all integrated, but there are some changes to the Ten Mile specific plan, but, again, they are all related to lighting, awning, canopies, those types of things. So, Madam Mayor, with that those are all of the changes we would ask for the Council to approve this evening and I will stand for any questions you may have. De Weerd: Caleb, do you have the recent changes that were made by Council included on the map in the Ten Mile area? Hood: Sorry, Madam Mayor, I missed the first part. What -- De Weerd: I think Turnbull was in -- Brighton Corporation was in a couple weeks ago or just last week -- time flies when you're having fun -- with a Comprehensive Plan change. Is that reflected on this map? Hood: Madam Mayor. So, the way we have been approaching amendments is really just on the future land use map, because that's what we are using the -- the Ten Mile specific area plan -- it's a living document, because we are changing some of the text, but the map part of that is basically replacing the city's future land use map which integrates all the designations. So, any changes to the land uses are really reflected on the city wide future land use map, so -- and we have got a note to that effect in our comp plan. Somebody can go to the city's website and look at the Ten Mile, this was the document as it was approved in 2008 -- 7? 2007 if you want the most current information go see this document for it. So, it's -- we use it, but it's not every time that a property has changed designation we don't go back and change that plan, because it was kind of what the plan was in 2008. Does that make sense? Friedman: Madam Mayor, if I -- if I heard your question correctly, if Council moves on this tonight we will be amending the future land use map, but I think the timing is very good, because of the action that we took on Brighton's application last week or the week Meridian City Council October 2, 2012 Page 20 of 42 before. We haven't amended the map yet. But when we -- we can pull those both together and amend them at the same time. Yeah. We will just incorporate those and, then, we have a -- under our Title 9 agreement with the county we have I think 30 days to transmit all these land use map changes to them. De Weerd: Thank you. Any questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Not a question, just a comment. It is clear that this is the result of a great deal of effort and good thinking and I appreciate the effort that went into it and the presentation. Hood: Thank you, Councilman Zaremba. Real quick if I can reciprocate that. I appreciate your all involvement in that and the meetings you attended, particularly for the south Meridian stuff, so -- I know the feedback was greatly appreciated. De Weerd: Well, it helped hearing it ourselves and that was very beneficial. Anything further from Council? Okay. Thank you, Caleb. Hood: Thank you. De Weerd: This is a public hearing. I don't have anyone listed as signing up to testify. Is there anyone who would like to provide testimony on this item? Rountree: Madam Mayor? De Weerd: Or did we put you in a trance? Mr. Rountree. Rountree: Seeing none, Madam Mayor, I move that we close the public hearings on Items 7-A and B. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Item 7-A and B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council October 2, 2012 Page 21 of 42 Rountree: If there is no discussion, I move that we approve Item 7-A, CPAT 12-001 with the changing of the wording in the estate residential definition from protect view sheds and open space to respect view sheds and open space and include all of the staff comments and recommendations. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 7-A. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Item 7-B. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item 7-B, CPAM 12-004 with keeping the existing city impact boundaries as suggested by staff this evening, with a note that reevaluation will occur at a future date. Hold off on the southwest utility planning decision until there is an urgency or there is resolve with our partner to the south and include all of the rest of the staff's recommendations included in the presentation and their submittal to the Council. Zaremba: Excellent. I second that. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Do we have hunting season already and trying to get those ducks? Friedman: I think -- Madam Mayor, I think we are trying to get some deer and some other ungulates on there, too, so -- C. Public Hearing: MDA 12-005 Sgroi by Nunzio Sgroi Located at 4405 E. Ustick Road Request for a Modification to the Existing Meridian City Council October 2, 2012 Page 22 of 42 Development Agreement to Allow the Development of Single - Family Residential Homes on the Site De Weerd: Okay. Good luck with that. Okay. I will go ahead and open the public hearing on 7-C, which is MDA 12-005 with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a development agreement modification. The site consists of 2.81 acres of land. It's currently zoned R-8 and is located at 4404 East Ustick Road. This property was approved for annexation in 2008 with an R-8 zoning district. A development agreement was required that restricted development of the site to an assisted living facility. Any other use would require modification to the agreement. Further, if a use other than an assisted living facility were proposed residential densities in excess of those allowed in the R-4 district would not be allowed. The applicant requested a modification to the development agreement earlier this year to allow the development of a single family residential subdivision on the site, which the Council denied largely because the density is exceeded that of the R-4 zoning district. Council felt very strongly that the proposed subdivision should be consistent with the adjacent R-4 zoned Red Feather Estates Subdivision. The current request is for an amendment to the development agreement to allow for the development of a single family residential subdivision consisting of 14 single family detached dwellings and two attached dwellings on 2.81 acres of land in the R-8 zoning district. This site is designated on the Comprehensive Plan future land use map as medium density residential, which allows for single family homes at densities of three to eight dwelling units per acre. Their proposed density is 5.17 dwelling units per acre, which falls midway within the desired range. Access is depicted on the concept plan by East Arch Drive, a local street in Red Feather Estates Subdivision at the south boundary of the site. Access to Ustick Road is prohibited by the city and ACHD. A center median is proposed at the entry of the subdivision right here as a traffic calming device. The applicant has submitted ten different building elevations of homes that may be constructed within the site. There is a wide variety of architectural styles, mix of materials, and designs proposed as you can see here. Just a little additional information on this application. To address the previous concerns of Council regarding compatibility between the proposed development, the existing Red Feather Estates Subdivision and the development standards of the R-4 and R-8 zoning districts, staff has provided a comparison table here as shown. In summary, the proposed minimum house sizes and street frontages actually exceed those approved in Red Feather through the planned development which allowed for reductions to the minimum standards of the R-4 district. The minimum lot sizes are slightly under the minimum in Red Feather. Although the proposed density is slightly higher at 5.7 dwelling units per acre than Red Feathers overall density of 3.82 dwelling units per acre, which factors in a variety of lot sizes over 90 acres of land, it is still consistent with the density desired in medium density residential designated areas such as this. Further, it's comparable with street frontages, lot sizes, home sizes and architectural styles and the quality of homes in this area. This is an aerial view of the surround Red Feather Estates development with the proposed site plan overlaid so you can get a comparison of the -- of the overall lot sizes and homes that are there. Written Meridian City Council October 2, 2012 Page 23 of 42 testimony has been received from Denise Lauerman the applicant's representative, response in agreement with the staff report. Staff is recommending approval of the proposed changes to the development agreement with inclusion of the proposed concept plan and building elevations submitted with this application. Staff will stand for any questions the Council may have. De Weerd: Thank you, Sonya. Any questions for Council? Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: Sonya, on the center median is that a landscape median? Watters: Madam Mayor, Councilman Hoaglun, it is not a landscaped island. It's a little too small for that. Hoaglun: That's what I was wondering. Okay. That's all I needed to know. Thank you. De Weerd: Okay. Anything further? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Let's see. On the access to the property to the west, which will also some day when it develops differently I assume lose its access to Ustick Road as well, shouldn't that access be actually a dedicated public right of way? It appears to me that it's more like a driveway or an easement. Watters: Madam Mayor, Councilman Zaremba, it is just an access road. Zaremba: Say that again. Watters: It is just an access road. It probably should be a public right of way. Zaremba: Can we condition that? Watters: We certainly may. Zaremba: Okay. Thank you. De Weerd: Okay. Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Meridian City Council October 2, 2012 Page 24 of 42 Lauerman: Yeah. Denise Lauerman with The Land Group. 462 East Shore Drive in Eagle. De Weerd: Thank you, Denise. Lauerman: I brought some slides, just because I'm a visual person and it will help the -- De Weerd: Do you want to swing that microphone over to where you're standing. Thank you. Lauerman: Is that good? De Weerd: Yes. That's -- Lauerman: Okay. I haven't run this one before. So, I am here for Nunzio Sgori and here is just what we have already seen. There might be some repetition here from Sonya's -- but in the red is the outlined area with the lot lines in pink of the surrounding area. This was the previous assisted living facility. It does show the access off of Ustick, but that would not have been approved that way. The Comprehensive Plan, as Sonya had stated, is three to eight dwelling units per acre in this area. And here is the new plan. We had put in speed bumps at the entranceway also for traffic calming, but those are not supported by ACHD just because of where they would be located, so we have got the median and a stop sign, of course, would be at the entrance. And this is just a comparison. When Red Feather Estates had went in the requirement of the city the lot size was 8,000 square feet per lot in 2003 and they proposed 5,200 square feet minimum, so they were under. So, we just want to -- the biggest thing we want to do is put up the comparison of the Sgroi property with the surrounding areas, that it really does fit and home size requirement at that time was 1,400 square feet and the Red Feather Estates proposed 1,200 square feet. Frontage requirement was 80 feet and the proposed was 33 to 37 feet. The next slide just has a comparison with Red Feather, since that's where -- closest to the adjacent property. Still we have a 5,039 square foot minimum lot with a 6,671 maximum square foot lot, compared to Red Feather, 5,250 square feet that they had proposed. So, we are trying to go above and beyond to fit in to make it a great neighborhood consistently. The frontage is 50 to 60 feet, so that's above and beyond. And the home size is 1,501 square feet, so -- and this is another repeat, but it does show the lot sizes, how comparable they are to the surrounding area, even to the north of Ustick, as well as Red Feather Estates. I just wanted to bring this up, because I know traffic was a concern of the neighborhood and with the school there. In the circle in green that was where the speed bumps were proposed, but ACHD said it's not an option for that, but the median will help where it enters East Arch. So, here are some of the homes. What I did was I went out and took photos of the actual built homes and so this is the west lot on number one and on the built example. You can see -- I mean it's a great looking home. Second one is the same. It's just a few of these examples there. And, then, randomly there is no addresses on here, I just took some photos of what exists today in Red Feather Estates just to show that they look -- you know, they do look like the previous -- the map is showing the blacked in lots are where Meridian City Council October 2, 2012 Page 25 of 42 these homes are located, so it's right adjacent with the proposed subdivision and there is some more. And, once again, that's just a map kind of showing how it all fits together. And that's what I have. Any questions? De Weerd: Thank you. Council, any questions for the applicant at this time? Bird: I have none. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a quick question from the last hearing. Homeowners in Red Feather -- the city doesn't enforce homeowner association agreements and those types of things, as those are private agreements, but that was a concern they had raised that they wanted these folks to be part of the homeowners association. How did that come out? Where are you on that? Lauerman: Well, in conversations that I have had with the owner it's -- he wants to work with the neighborhood. He can certainly come up and say a piece, but he definitely wants to work with the neighborhood -- be a part of the neighborhood, so I'm sure they can work that out. Hoaglun: Yeah. They were just concerned about pool usage and that kind of thing, so - Lauerman: Right. Hoaglun: Okay. Good. Thank you. Lauerman: Uh-huh. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, I would ask my right of way question. Is it your intent that the access to the property to the west be a public right of way? Lauerman: I would think that would be dictated by the city and so, yeah, it probably would have to be. Zaremba: Thank you. De Weerd: Pete? Friedman: Madam Mayor, Members of the Council, Council Member Zaremba, currently number two in the existing development agreement says that direct lot access Meridian City Council October 2, 2012 Page 26 of 42 to Ustick is prohibited. It further directs that cross -access shall be provided to the property to the west for future interconnectivity, however, does not specify whether that is public right of way or private access. So, that's -- that's the current language in the -- in the development agreement. If it is the desire of the Council to see that, then, there would have to be some language in here that -- because you only have a concept plan and development agreement modification before you tonight, any future subdivision should include -- subdivision design should include provisions for public right of way access to the property to the west. If that makes sense. Zaremba: Okay. To do in the development agreement modification? Friedman: It's up for grabs right now. It's all open. Zaremba: Okay. Thank you. Watters: If I might add to that, Madam Mayor, Councilman Zaremba. It would also depend on how that property redevelops in the future, whether or not a -- you know, a public street frontage would be required. Obviously, now is the time to plan for it, too. De Weerd: Okay. Anything further? Thank you. We did have a couple of people signed up. Mark Aronson signed up against. Would you like to provide testimony at this time? Yes, sir. Okay. Come on forward. Good evening. If you will, please, state your name and address for the record. Aronson: It's Mark Aronson and my address 4233 East Arch Drive. So, it's just trying to -- I have never really spoken in public, so -- De Weerd: Well, I think you're doing just fine. So far so good. Aronson: What I wanted just to say about this was it's interesting that they are proposing these houses, which is fine over there, but the way it stands is many many children funnel right down East Arch Drive to go to the back of -- at the elementary school there and just watching lots of children walk down that street and adding more traffic down East Arch Drive, cars and whatnot, is a little bit disastrous to that one street, because so many other streets that connect around there -- all the kids have to walk down East Arch Drive to get to the -- to the elementary school and it just seems weird that the entrance has to be right -- I don't know how to use this, really, but I understand that there can't be any entrance to this, but to create such traffic and more danger for all the kids seems just -- I don't know, a little short-sighted and that's really all I wanted to say regarding that. De Weerd: Could I ask a question in terms of is there access to the back of the school? Is that -- is that why they are walking down Arch? Aronson: Yes. There is access -- Meridian City Council October 2, 2012 Page 27 of 42 De Weerd: Oh. Okay. Right there. Aronson: -- to the school through that back entrance right there, right where they are proposing to put the -- I'm not really sure the right of way that you're talking about. De Weerd: Yes. There is a pointer on it right there, so -- I have -- they have pointed it out to me. Aronson: Yeah. And so I guess it's just a point of contention to a lot of the neighbors and people around that area to kind of wonder how they propose to get inside their development, whatever they want to create. I mean it's a -- it sounds like a great development, it's just a matter -- it's not going to -- it's not going to, you know, reduce any of the -- the -- you know, the home values or anything like that, it's just -- more importantly it's the children and -- that are walking straight down that one little quiet street that they are now going to create who knows how many more vehicles in mornings and the afternoons -- you know, I just wanted home to be -- well, not just me, but lots of people wanted to be looked at in a smart way, so -- De Weerd: Well, thank you. Aronson: That's what I had to say. De Weerd: Okay. Thank you so much. Aronson: You're welcome. De Weerd: Lacy Holzbauer. Probably get it like de Weerd, you know. If you will, please, state your name and address for the record. Holzbauer: Yeah. Lacy Holzbauer at 4026 East Chandler Street and our house is that house right there. I just -- Holman: Ma'am, it's okay. When he gets that back to your slide hit the red button at the top of the screen and, then, the pen will started drawing in red. Holzbauer: All right. Or blue or green. Okay. That's my little girl. Okay. Here is -- okay. We are actually -- we are actually going to be -- why do I keep on messing it up? Usually -- okay. All right. Okay. I can touch it now. De Weerd: Did you hit the red button? Holzbauer: I have it hit, yeah. De Weerd: Okay. Meridian City Council October 2, 2012 Page 28 of 42 Holzbauer: Okay. Anyway, we live over the main -- the main channel of -- that's coming into there with Grenadier, the entrance off of Ustick. De Weerd: Uh-huh. Holzbauer: The -- if you turn to the west, that first street -- yeah. That's where we live. And so -- and, then, there is four houses on that street that also have kids my kids age, but I have two kids that walk down that street and they go there every day and they do the -- we try to get them on the sidewalk as much as you can, you know, but we got home, but the amount of children -- there is a lot of kids and so if we needed, as homeowners to take a video of a period of time between let's say 8:30 and 9:15 to show you what it looks like there, just knowing visually what it is, there is no crossing guard there. It is actually a sidewalk and, then, the area just to the north of that walk is a drain area, that's why it's -- it's empty there, but it's a drain field area, a big grassy area where the kids play when -- when they are done with school and so it's actually a -- a paved nice sidewalk with a gate entrance. It's not a dirt trail behind the school. So, there is a school crossing sign, but like I said, no crossing guard and so the biggest concern there -- it looks like the -- the appearance of the home are going to be similar. We do pay close to 400 dollars a year for owners association fees and the homeowners associations and the management company, obviously, would take care of making sure those got paid. But it is quite a substantial amount of money that they need to be aware. I have not heard that they have worked out with the HOA that and so they say that they want to, but we haven't heard from them. So, that has to be done first. De Weerd: Do I assume that you're on the HOA board? Holzbauer: No. We -- no, I'm not. I'm not on the board. But it's an open -- it's open meetings, so -- De Weerd: Okay. Holzbauer: Yeah. So, that's pretty much our concern is -- is really knowing the logistics of what the kids -- what's happening at that intersection. No speed bumps. They tried. But, you know, that little tiny median is not going to do a bit of difference. So, that's it. De Weerd: Council, any questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just curious. How do they -- is there a crossing guard at Grenadier or how do you cross? I'm sure you're with your kids or someone's with your kids to cross that? Holzbauer: On Grenadier? Meridian City Council October 2, 2012 Page 29 of 42 Hoaglun: Yes. Holzbauer: No. It's just a crosswalk across the street or -- Holzbauer: Yeah. There -- it's a -- from one sidewalk to another. It's a through lane street, because they go across, yes. Hoaglun: And is that the main exit for people headed out to Ustick Road? Is that the main direction people travel in the mornings when they are headed out? Holzbauer: Yes. Hoaglun: Okay. Thank you. De Weerd: Okay. Any further questions? Thank you. And Dean Holzbauer. Good evening. If you will, please, state your name and address for the record. D.Holzbauer: Dean Holzbauer. 4026 East Chandler Street. As my wife was saying, you may have made a comment about Grenadier, there are stop signs on Grenadier that the kids are able to go to and cross on the -- they are not on Arch, they are the next street down to the south, I believe it's on Race and that is one option for the kids to cross with cars to stop. My biggest concern is always about safety, about the kids, and you don't want to see any kids hurt and they talked about this little median, how are we going to -- how is that going to be monitored, you know, how are the cars going to see kids if they are not paying attention and I guess that's always an issue. But, yeah, I have seen many many kids walk through that area and there is a lot of cars, coming there, they congregate after school, parents picking up the kids right there -- there is just a very large number of kids that use that back entrance in going to school. De Weerd: You know, I certainly understand your concern. I lived in a neighborhood that was three blocks on a main street to a school and so every subdivision that went in around us entered into our subdivision, so I do understand that, but what I -- I did finally come to realize after I stood in the exact spot that you did on each of those subdivisions with the same concerns, many of those are parents with -- are parents with kids as well, so there is a caution as they come out of their own block and -- and we -- I walked my kids to school every day, because I will tell you what, my own neighbors were racing down the streets. That scared the crud out of me and so I totally understand what you're saying, but I -- I think that as long as we teach our kids how to use the sidewalks and to be cautious and we continue the homeowners association to share, you need to be careful as, you know, during the school hours, I'm not sure how much more you can do. Because if it's not the cars from this -- this area it's going to be the cars from the existing homes. I don't know if that gives you any piece of mind, but I can tell you that I know exactly what you're standing there conveying to us. Council, do you have any questions? Bird: I have none. Meridian City Council October 2, 2012 Page 30 of 42 Rountree: I have none. De Weerd: Okay. Thank you for being here. Is there anyone else who would like to provide testimony -- oh, well, good. Our Ada County Highway District rep. If you will, please, state your name and address for the record. Lucas: Thank you, Madam Mayor. Justin Lucas representing the Ada County Highway District. Business address is 3775 Adams Street, Garden City, Idaho. I just wanted to speak to that access real quick, because this is a modification to a development agreement as I understand it. I'm assuming that the applicant will be required to come back in with a preliminary plat and a final plat for this -- for this project and I think it would be the highway district's preference to deal with the public right of way issue through the platting process, because that's when our commission would have the opportunity to take a look at that also. In general our commission does not look at modifications to the development agreement in detail, because a development is primarily an action of the city and so if we are able to -- I guess it would be my recommendation to maintain the language as is stated in the development agreement and, then, through the platting process, in coordination with ACRD, we can determine if, indeed, public is really required to that -- that property to the east and the reason I state that and took your time tonight is public road standards would -- have a certain width and that width can affect the ability of that property owner to get in a certain amount of lots and other things and so we want to be careful -- we will put the applicant in a funny position where you're requiring through a development agreement that they do public right of what, but, then, for whatever reason my commission thinks that they don't and that can put the applicant in a tough spot and I think together we can figure that out through the preliminary plat and final plat process. So, that would be my recommendation. But you certainly have full discretion in the matter. De Weerd: Well, certainly, Justin, you have heard the concerns primarily about the cars entering in on that collector road and so as you evaluate it on the next stages that you keep the safety aspect in mind and the vision of kids as they walk in that area. Lucas: Thank you, Madam Mayor. Through that process of preliminary and final plat we can establish applicant school walk routes, we can require the developer to paint crosswalks and all of those things are -- when we go through that process can be analyzed in detail and so I'm hoping that through that process -- well, I know that through that process ACHD staff will have the opportunity to make those recommendations. De Weerd: Okay. Any questions for Justin? Hoaglun: Madam Mayor, while Justin is up I did have a question and when we went through this process before -- and this is a much better plan, lower densities, different things like that coming forward, but sharing that sidewalk that comes into the back of Ustick I know there was discussion about having a crosswalk there or signage or Meridian City Council October 2, 2012 Page 31 of 42 something. I don't know if ACHD has looked at that. Do you recall anything happening from that from ACHD's side for that particular crosswalk for kids who are on the other side of Sharon to walk across? Lucas: Madam Mayor, Councilman Hoaglun, I'm just looking at this here. Hoaglun: Where they have got the pointer now they have got -- Lucas: Got it. Got it. I'm not sure of the current configuration there, but in general we prefer students to cross at corners of the street just because that's what drivers usually expect and I'm not sure how the crosswalks are painted in this area. We can certainly do an analysis out here and see if there is more than needs to be done and those are things that we do all the time. So, we can look at this certainly. Hoaglun: Okay. Thank you. De Weerd: Yeah. And I appreciate that comment, because a crosswalk right there around a corner doesn't seem as the best place for it. Lucas: Correct. De Weerd: Mr. Zaremba, did you have something? Zaremba: Yes, I did. Thank you, Madam Mayor. I appreciate your insight and that certainly sounds reasonable to me to address this at the plat, but I -- not that I'm questioning you, I would just like to ask Pete to confirm -- we don't lose the opportunity if we don't do it in the DA, we would still have an opportunity later? Friedman: Madam Mayor, Members of the Council, Council Member Zaremba, as I mentioned earlier, the current development agreement condition is cross -access shall be provided to the property to the west for future interconnectivity. It doesn't -- it doesn't preclude it, however, on this concept plan they show about a 20 foot wide access and that would not be adequate to provide public right of way if, in fact, the highway district determined that public right of way would be appropriate. So, I would say that we may not want to walk in that access strip there on the concept plan and address it at the preliminary plat process. As long as we have the language in the development agreement, then, we are not at odds with what's shown on the concept plan. Zaremba: Thank you. De Weerd: Okay. Anything further for Justin? Thank you, Justin. I appreciate you coming forward. Any further testimony? Okay. Seeing none, staff, any further comment? Would the applicant like to make any final remarks? If you will state your name again for the record. Lauerman: Denice Lauerman. Meridian City Council October 2, 2012 Page 32 of 42 De Weerd: Thank you. Lauerman: Just one. If I can get back to -- okay. There is a photo that shows that walkway to the school. Next one. No. Next. Right there. The bottom on the right. Right next to the map. That -- it's not a real closeup, but that's that pathway right by that open space that goes back to the school, just so you have an idea of kind of what it looks like. That was the only thing I was going to add beyond the, you know, traffic concerns, Madam Mayor, you stated it perfectly well, you know, the people that buy those homes are going to be also probably this children, concerned about the same things, so -- and going through the plat process when the road gets built there will be the crosswalk and stop sign and -- I think the median will help a little. Whenever there is a median is a little bit more of a slowdown I think. So, that's all I have. De Weerd: Now, you mentioned there is a median, but also a stop sign. Lauerman: There will be a stop sign. De Weerd: They do have to stop? Lauerman: Uh-huh. Yeah. Definitely. De Weerd: Any questions for the applicant? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Would you happen to know off the top of your head what you estimate as traffic counts that this portion of this subdivision would add? Lauerman: I don't. ACHD staff report -- and I think if they have anything -- they didn't have one. Zaremba: Okay. Usually that's the case if they don't think the impact is going to be very significant. Lauerman: Fifteen additional vehicle trips per hour in the p.m. peak hour, 146 vehicle trips per day. Zaremba: Thank you. De Weerd: Any further questions from Council? Thank you. Lauerman: Thank you. Meridian City Council October 2, 2012 Page 33 of 42 De Weerd: Pete? Friedman: No questions -- no comments here, ma'am. Just trying to figure out what's happening with our technology over here. De Weerd: Council, any further information needed? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a question for staff. The discussion -- and I think your initial comment was that having 16 dwelling units on this property is very close to what the rest of the subdivision has. I guess my question is without a development agreement modification they could put 11 dwelling units on that property without ever asking for anything to change; is that correct? Watters: Madam Mayor, Councilman Zaremba, they would still have to apply for a development agreement modification. Zaremba: Okay. I guess where I was going is there is not a great deal of increase. Watters: Currently the development plan is approved as an assisted living facility, so that's what they are locked into at this point, unless they do a modification. Zaremba: That's what I thought, that it did have the backup, but if they didn't do an assisted living they already have approval to do an R-4, which would be 11 -- Friedman: Get the language -- Waters: Give me just a second and I will give you the exact language here. A conditional use permit is required for development of an assisted living facility on this site. No other new land use, including but not limited to single family duplex or townhouse subdivision shall be allowed on this site without Council approval for modification of the subject development agreement. As part of any future development agreement amendment elevation shall be provided. Anyway. Then it goes on: If the site does not develop as an assisted living facility as proposed residential densities in excess of those allowed in R-4 district will not be allowed. So, either way it requires a modification of the agreement. Zaremba: Thank you for that clarification. De Weerd: Okay. Anything further for staff? Okay. I would entertain a motion then. Zaremba: Madam Mayor? Meridian City Council October 2, 2012 Page 34 of 42 De Weerd: Mr. Zaremba. Zaremba: I move to close the public hearing on MDA 12-005. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Anything discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve MDA 12-005 and this is not a condition, but it is with the understanding that the access will be further defined by ACRD, access to the property to the west will be further defined by ACHD during the platting process. Hoaglun: I will second that. De Weerd: Okay. I have a motion and a second. Any discussion? Hoaglun; Madam Mayor, just a brief comment on this. What they are requesting is an area that is already zoned R-8 and -- and at the time if they hadn't gone with the assisted living location it could have been developed at the same time as the rest of subdivision, those houses have already been there and -- and going forward and this -- what we are going through is a legal process if -- we would have to have a very good reason to -- to deny allowing residences in a residential zone and that's something don't feel comfortable with risking a lawsuit because of adding -- adding some houses to this that could have been part of this development originally and I share the concerns, you know, it's always difficult where I live, we have much larger units going in and the kids are walking to the great school. In fact, I have to go to talk to Tim about some street lights here down the road, but we have corners without street lights and -- and from my question I asked earlier about the landscaping on that median, because of -- we don't want to have any obstacles for drivers seeing kids and so there is concern for that. Really, there is no grounds to -- to turn this down. It's much better than it was before. I think it met the objections -- the concerns of the neighbors in the area. Traffic is always a concern and not only here, but all subdivisions, but it's to the degree that we -- we will have to live with that. That's not something we could -- we could offer a denial on. De Weerd: Thank you. Any further questions? Meridian City Council October 2, 2012 Page 35 of 42 Rountree: I have none. De Weerd: Council, I will call roll on this item. This is on Item 7-C. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing: Update to City Clerk's Fee Schedule De Weerd: Sorry. I had Madam Clerk out on a -- on an errand. Sorry. Okay. We have moved to item 7-B, which is a public hearing to update the City Clerk's fee schedule. I will open this public hearing and ask for staff comments. Holman: Madam Mayor, Members of the Council, this is the public hearing on raising some of the fees -- actually incorporating mainly some fees into our fee schedule, lower some and some of this -- this was all brought September 11th. The proposed changes to the fee schedule and, basically, helping to incorporate some of the increased fees from Idaho State Police for the fingerprinting process on our permits and licenses that require a federal background check. So, if you have any questions I'd stand for questions at this time. De Weerd: Council, do you have any questions on this item? Bird: I have none. De Weerd: This is a public hearing. Is there anyone who would like to offer testimony on this item? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move that we close the public hearing on 7-D. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-E. Oh, sorry. 7-D. I was trying to rush things. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council October 2, 2012 Page 36 of 42 E. Resolution No. 12-876: Adopting Fee Schedule of the Meridian City Clerk's Office: Authorizing the Clerk's Office to Collect Such Fees; and Providing an Effective Date De Weerd: 7-E is resolution 12-876. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I -- on 7-E I would move approval of resolution number 12-876, adopting the fee schedule of the Meridian City Clerk's office. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-E. If there is no discussion from Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Public Hearing: Proposed Right of Way Property Disposition for 1700 W Lanark to Ada County Highway District by the City of Meridian De Weerd: Item 7-F is a public hearing. I will turn this over -- open the public hearing and turn this over to staff for their comments. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, this is an ordinance on your 7-G. It's simply a disposition of some of some small parcels of property for the -- the maintenance facility for the parks department and, Mr. Siddoway, if he wants to he could add anything, but they really are just slivers of property that ACHD is requiring and so this is just the process to get that accomplished. Siddoway: Madam Mayor? De Weerd: Mr. Siddoway. Meridian City Council October 2, 2012 Page 37 of 42 Siddoway: Madam Mayor, Members of the Council, I just wanted to put this up just for a quick clarification on what areas we are talking about out at the site for dedication to ACRD. At the end of Nola there is a sliver that you see highlighted in orange that will widen the end of that cul-de-sac to work for fire truck turnaround radiuses and things like that. And, then, right on the very corner of the intersection of Lanark and Nola there is a small triangle of right of way that's a standard chamfer distance for that -- for that corner and so we are in complete agreement with the dedication. Our plans are based on them and I will stand for any questions. De Weerd: Thank you, Steve. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Thank you. This is a public hearing. Is there any members of the public who would like to provide testimony on this item? Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1530 -- do you want to read that, though? Oh, I'm sorry. Close the public hearing. I move we close the public hearing on 7-F. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on 7-F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Ordinance No. 12-1530: Authorizing the Conveyance of Real Property to Ada County Highway District (ACRD) for Right -of - Way Purposes De Weerd: Madam Clerk, will you, please, read the ordinance on 7-G, 12-1530. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1530, an ordinance authorizing the conveyance of certain city -owned real property to Ada County Highway District located at 1700 East Lanark Street, a portion of Ada County parcel number F1108336013, located in the southwest one quarter of Section 8, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the purchase agreement, deed, and other documents necessary to complete the transaction. Providing for a waiver of the reading rules and providing an effective date. Meridian City Council October 2, 2012 Page 38 of 42 De Weerd: You have heard this ordinance read by title only. Is there anyone who would like it read in its entirety? Seeing that we put Ralph to sleep, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I will get online now. I move we approve ordinance number 12-1530 with suspension of rules. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 7-G. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Mayor's Office: Resolution No. 12-877: A Resolution of the Mayor and the City Council of the City of Meridian, Reappointing Matthew Adams to Seat 4, Steve Elliot to Seat 7 and Appointing Treg Bernt to Seat 5 and Spencer Martin to Seat 6 of the Meridian Impact Fee Advisory Committee De Weerd: And there is 8-A. Council, in front of you you have resolution 12-877. This is reappointing two members to the impact fee committee and appointing two other members that are representing specific seats and Trey Burnt to represent the Parks Commission and Spencer Martin to -- as an alum from our public safety academy. I would entertain any questions at this time. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun: Hoaglun: No questions, I would like to move that we approve resolution number 12-877 for the reappointment of two and appointing of two others to the Meridian Impact Fee Advisory Commission. Zaremba: Second. Meridian City Council October 2, 2012 Page 39 of 42 De Weerd: I have a motion and a second to approve item 8-A. If there no questions, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Legal Department: Solid Waste Advisory Commission (SWAC) Recommendation on the Renewal of the Solid Waste Franchise Agreement with Republic Services for FY 2013 De Weerd: Item 8-13 is our Legal Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. You have in your packets a memorandum and some supplemental material from the Solid Waste Advisory Commission. When we had a conversation with the Council in the past you asked that we have the commission each bring to you as a recommendation to continue with the existing franchise agreement with the current franchisee or whether or not to enact the termination clause and to move forward with terminating that contract and moving forward with a new process. The memo that's in front of you dated September 26 from the Commission was a unanimous vote by the commission to recommend to the Council to continue with the solid waste franchisee, they outlined some things that I want to just make clear on the public record. There was a transfer in this last fiscal year from SSC to the Republic Services. That transfer went in effect on April 1st of 2012. The City Council passed a resolution at that time agreeing to that transfer. They also, then, have done some things that I think have been very positive that want to make sure the public is aware of. The recycling is still a very big and popular activity in the city. It appears they have distributed approximately over 18,000 -- almost 19,000 recycling carts in use now. They have increased the volume of recycling both in the commercial as well as residential. Republic Services in this last fiscal year has returned almost 39,000 dollars in recycling revenue to the city for disburse in the recycling program that you're aware of. This makes a total of 97,000 dollars since the program was relaunched in 2011. Republic Services also agreed -- we had a little -- a little gap in our new program that we instituted as a pilot in Settlers Park this summer for recycling. We had basically printed under the commercial recycling program not residential. All of the revenue that we get from residential recycling is what goes into the program for other projects. All the revenue for commercial recycling is retained by the franchisee. But they agreed that anything that was collected through the parks we would conclude as a residential recycling component and that was a good addition, because it's been a very successful program. I think Mr. Siddoway will probably come and talk to you about that at a future date, tell you how well that's gone and what maybe some future opportunities that may be in doing some recycling in the parks. The -- also the Republic and SSC -- or Republic has been a great partner with them applicant, they are an active member of the Solid Waste Advisory Commission, they are a great partner with the changes in the Meridian City Council October 2, 2012 Page 40 of 42 different things in the recycling business and making sure the city is informed about all of those things and, then, the other issue that had come up in the last year, fall leaf collection is also a very active program in the city and they have extended that program now from a one week program into a three week program and Republic had committed that that will remain as a permanent part of the collection program without any additional cost to the customers. Last year they collected over 854 tons of leaves in the City of Meridian. Also in the business of recycling, as well as business of trash collection Republic has been a great partner in basically keeping the Commission informed and city staff on changes that occur at the landfill, changes that may affect rates, changes that may affect the city, as well as changes in the marketplace. There has been a -- as most of you know from previous discussions the marketplace for recyclables fluctuates greatly and during a very boom time we have realized a great revenue source for projects for citizens in our city and through other times we have basically had a very flat period where we didn't receive any revenue and, basically, that the recycling that the citizens are able to do in our city still helped pay for other programs like the hazardous material collection and the sharps containers and all the other types of programs that get funded out of this. So, even in the flat time we have been able to sort of stay at a zero cost to our citizens to maintain those additional programs, even when the recyclables are low. So, it's been a good partnership, it's been a good transition this year, and the recommendation from the commission was to continue with that. That's it. De Weerd: Council, any questions? Appreciate your report. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Do we need a motion renew the contract or does it just renew automatically if we don't refuse it? Nary: Thank you. Madam Mayor, Members of the Council, Council Member Zaremba, a voice vote to continue with the contract is adequate, because the contract would remain unless you directed us to enact the clause to terminate. Zaremba: Okay. Madam Mayor, I move we do not enact the clause to terminate the Republic Services contract. Rountree: I'll second that. It could be more positive. De Weerd: That's kind of what I was thinking, but -- I have a motion and a second. Zaremba: I thought that was what he said. De Weerd: Is there any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council October 2, 2012 Page 41 of 42 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Ordinances A. Second and Third Reading of Ordinance No. 12-1528: Downtown Core Sidewalk Facility Standards Update - Proposed Draft Title 8, Chapter 1 Ordinance and Proposed City of Meridian Improvement Standards De Weerd: Item No. 9-A is the second reading of Ordinance 12-1528 as amended and, Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 122-1528, an ordinance of the City of Meridian repealing and replacing Title 8, Chapter 1, Meridian City Code, city core streetscape ordinance, definitions, requirements for all encroachments in the city core streetscape, requirements for encroaches in the use zone, requirements for encroachments in the street furnishing zone, penalties and enforcement and severability, repealing Title 8, Chapters 3, 4 and 4, Meridian City Code, and providing an effective date. De Weerd: Okay. You have heard this ordinance by title. Is there any comment on this ordinance? If not -- Nary: Madam Mayor? De Weerd: Yes. Nary: I just wanted to clarify for the record. We did advertise this as a second reading based on the Council's direction last week. We received some comments from MDC's counsel yesterday afternoon with some requests and some clarifications. They are fairly minor changes, we discussed them internally today, felt the changes were probably appropriate for clarity sake, so that's why we requested it be second reading. We will make those changes and it will be on your agenda for approval next Tuesday. Item 10: Future Meeting Topics De Weerd: Okay. Thank you. And for the record it is on the October 9th Council meeting. So, Council, we are at the end of our agenda. Are there any topics for future Council agendas? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council October 2, 2012 Page 42 of 42 Zaremba: This is not exactly future meeting topics, but I would like to comment on a couple of nice things that went on today. Early in the day the Mayor and Councilman Rountree and I attended a meeting of the Central Valley Expressway Coalition where the news was very positive about the progress, at least on the first portion of it, from Highway 44 over to Highway 20-26 and positive feedback from the governor and at least one legislator about continuing on with the effort to get it all the way to 1-84. That was a very positive meeting and uplifting and, then, later in the day Director Siddoway and I attended a groundbreaking, so to speak for a six acre pond that will be in a future 50 acre park on the Aldape property along the river and we were given explanations of the plans for the park and the pond and that's going to be a very positive addition to Meridian some day also. Just thought I would throw in two pieces of good news. De Weerd: Thank you, Mr. Zaremba. Did you get muddy? Siddoway: Dusty. De Weerd: Dusty. Oh. Okay. Well, then, I could have gone out there. I can handle dust. Anything further? Council, you did get a request -- we did get a request for -- to put an item on Council agenda and Councilman Hoaglun and I had talked about it at our last agenda setting meeting and felt it was a staff issue and we are working to -- to address that. So, if there is no questions, I would entertain a motion to adjourn. Rountree: So moved. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 8:54 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) AP �. MAYOR MY DE WEERD ATTEST: EE FIQLMAN, CITY CLERK �yGOV Z ty City of pW E IDIAN*-- s4AHo F � SEAL, F�TF4 °� 1h e T A E A Item VA & B: South Meridian (CPAM-12.004; CPAT-12-001) Application(s): Comprehensive Plan Map Amendment Comprehensive Plan Text Amendment Size of property, existing zoning, and location: City wide and Southwest quadrant of the City. History: This is the first time this application will be before Council. Changes proposed affect the 2011 version of the Comprehensive Plan and the Future Land Use Map. Summary of Request: The City of Meridian Planning Department has submitted applications for a Comprehensive Plan Map Amendment (CPAM) and Text Amendment (CPAT). The subject applications include changes to the future land use designations shown on the Map in South Meridian; adding the Airport -Overland Road extension to both the Map and text of the Plan; amending the Map and the Text to be consistent with downtown transportation plans; amending entryway corridor locations on the Map; amending the legend of the Map; text changes to the Ten Mile Interchange Specific Area Plan (TMISAP); amendments to the Existing Conditions Report; and various minor/format text changes to the Plan. Written Testimony: None received. Staff Recommendation: Since the P&Z Commission Recommendation, some new information regarding the southwest portion of Meridian's Area of City Impact (AOCI) has come to light. Staff requests additional time to consider and present all the impacts of amending our AOCI to Council, and that no change to the AOCI boundary be pursued at this time. Instead, Staff recommends adopting the preferred South Meridian land use designations from the public involvement process including the incorporation of additional text in Chapter 3 of the Comp Plan for a new "Rural / Estate Residential" designation. Staff will further explain the text changes and AOCI impact information during the public hearing. Notes: Item #7C: Sgroi (MDA -12-005) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 2.81 acres, is currently zoned R-8, and is located at 4405 E. Ustick Road. History: This property was approved for annexation in 2008 with an R-8 zoning district. A DA was required that restricted development of the site to an assisted living facility; any other uses would require modification to the agreement. Further, if a use other than an assisted living facility were proposed, residential densities in excess of those allowed in the R-4 district would not be allowed. The applicant requested a modification to the DA earlier this year to allow the development of a single-family residential subdivision on the site, which the Council denied largely because the density exceeded that of the R-4 district. Council felt very strongly that the proposed subdivision should be consistent with the adjacent R-4 zoned Redfeather Estates Subdivision. Summary of Request: The current request is for an amendment to the DA to allow for the development of a single- family residential subdivision consisting of 14 single-family detached dwellings & 2 attached dwellings on 2.81 acres of land in the R-8 district. This site is designated on the Comprehensive Plan Future Land Use Map as Medium Density Residential which allows for single-family homes at densities of 3 to 8 dwelling units per acre. The proposed density is 5.7 dwelling units per acre which falls midway within the desired range. Access is depicted on the concept plan via E. Arch Drive, a local street in Redfeather Estates subdivision, at the south boundary of the site; access via Ustick Road is prohibited by the City & ACHD. A center median is proposed at the entry of the subdivision as a traffic calming device. The applicant has submitted 10 different building elevations of homes that may be constructed on the site. There is a wide variety of architectural styles, mix of materials and designs proposed. Additional Info: To address the previous concerns of the Council regarding compatibility between the proposed development, the existing Redfeather Estates subdivision, and the development standards of the R-4 & R-8 districts, staff has provided a comparison table as follows: In summary, the proposed minimum home sizes & street frontages actually exceed those approved in Redfeather through the PD and the minimum lot sizes are slightly under the minimum in Redfeather. Although the proposed density is slightly higher at 5.7 d.u./acre than Redfeather's overall density of 3.82 d.u./acre which factors in a variety of lot sizes over 90+ acres, it is still consistent with the density desired in MDR designated areas. Further, it is comparable with street frontages, lot sizes, home sizes, and architectural style & quality of homes in this area. Written Testimony: Denise Lauerman (response in agreement with the staff report) Staff Recommendation: Approval of the proposed changes with the inclusion of the concept plan & building elevations submitted with this application. R-4 standard R-8 standard Redfeather PD Sgroi Sgroi in Comparison to Redfeather Lot size 8,000 s.f. 5,000 s.f. 5,250 s.f. min. 5,039-6,671 s.f. -211 s.f. Home size 1,400 s.f. No min. 1,200 s.f. min. 1,501 s.f. min. +301 s.f. Frontage 60' 50' 33' to 37' min. 50' to 60' +17' to 23' In summary, the proposed minimum home sizes & street frontages actually exceed those approved in Redfeather through the PD and the minimum lot sizes are slightly under the minimum in Redfeather. Although the proposed density is slightly higher at 5.7 d.u./acre than Redfeather's overall density of 3.82 d.u./acre which factors in a variety of lot sizes over 90+ acres, it is still consistent with the density desired in MDR designated areas. Further, it is comparable with street frontages, lot sizes, home sizes, and architectural style & quality of homes in this area. Written Testimony: Denise Lauerman (response in agreement with the staff report) Staff Recommendation: Approval of the proposed changes with the inclusion of the concept plan & building elevations submitted with this application. A,October 2, 2012 ITEM NUMBER: 5,& Professional Services Agreement with J. Amber Conger for Refined for Preparation of Meridian Split Corridor Phase 2 Public Art Project Proposal a Not -to -Exceed Amount of $1,500.00 MEETING NOTES _6 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT Meridian Split Corridor Phase 2 Public Art Project Proposal This PROFESSIONAL SERVICES AGREEMENT for Meridian Split Corridor Phase 2 Public Art Project Proposal (hereinafter "Agreement") is made this 2nd day of October, 2012, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, ("City") through the duly delegated Meridian Arts Commission, and J. Amber Conger, on behalf of Refinerii ("Artist"), WHEREAS, through the Meridian Split Corridor Phase 2 Public Art Project, the Meridian Arts Commission seeks to foster vitality and create a sense of place in the Meridian downtown core, and to that end, the Meridian Ants Commission issued a Call for Artists, attached hereto as Exhibit A ("Call for Artists"), which included a Request for Qualifications ("RFQ") seeking artists' qualifications for public art installations; and WHEREAS, on September 19, 2012, a selection panel including representatives of the Meridian Arts Commission, Meridian Solid Waste Advisory Commission, Meridian Chamber of Commerce, Meridian Development Corporation, Meridian Parks and Recreation Department, Meridian Coim7iunity Development Department, and the arts and business community, reviewed the responses to the RFQ and selected Artist as one of three finalists to create proposals in response to the Request for Proposals ("RFP") component of the Call for Artists; 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, City and Artist agree as follows; 1. Scope of Services. Byte time and manner set forth herein, Artist will create and deliver to City one public art proposal (hereinafter "Proposal"), to consist of; a, One typed narrative on one side of a sheet of 81/2 -by -1 1 -inch paper, suitable for copying, which narrative shall include; (1) A description of the proposed public art installation(s) and Artist's approach to the project; and (2) Projected timeline for completion of the proposed project. b. Projected budget for the proposed project, which budget shall not exceed ninety-five thousand dollars ($95,000), which total shall include any and all project expenses such as artist fees, materials, shipping, and installationcosts, c. A drawing, computer rendering, or model(s) of the proposed project, which representation shall be rendered in a format suitable for viewing by the public and the selection panel. d, Samples of all materials proposed for use in the proposed project, 2. Payment. City will pay Artist for services rendered under this Agreement in the total amount of one thousand five hundred dollars ($1,500.00), which payment shall be made pursuant to the following method. To receive payment for services rendered, Artist shall complete the W-9 form provided herewith and remit such completed form by 5,00 p.m, on September 25, 2012, PROFESSIONAL SERVICES AGRMMENT - MSC2 PUBLIC ART PROJECT PROPOSAL, PAGE 1 of 5 Following receipt of the complete W-9 form from Artist and execution of this Agreement by both Parties, City will process such request and issue payment via check sent U,S, Mail to Artist within seven (7) days, City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terns and conditions of this Agreement, Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist, 3, Delivery, Artist shall deliver the Proposal to City at the City Attorney's Office, 33 E. Broadway Avenue, Shite 308; Meridian, Idaho, by 5:00 p,rn. on Friday, October 19, 2012. 4. Loss of or damage to Proposal. Artist agrees to bear any risk of loss and/or damage to the Proposal unless acrd until a member of City staff personally and physically accepts custody and control thereof. In the event of loss or damage incurred prior to City's acceptance of the Proposal, Artist shall recreate or repair the Proposal that was lost and/or damaged at no expense to City. In the event of loss or damage incurred following City's acceptance of the Proposal, City shall provide Artist the opportunity to recreate or repair the Proposal, for which service the City shall remunerate Artist for the actual cost of such recreation or repair, but in no event shall City pay Artist more than five hundred dollars ($500,00) for such recreation or repair, 5, Insurance Artist's responsibility. City shall not provide inswance to cover loss, theft, or damage to the Proposal, or to cover any activity undertaken by Artist in the furtherance of Artist's respective rights or obligations described herein, Any insurance of the Proposal; of the Artist's persons, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. 6. Ownership. Upon City staff s personal and physical acceptance of the Proposal, the Proposal shall be owned by City for all intents and purposes as set forth Hereunder and in the Call for Artists, If Artist's Proposal is ultimately selected for installation, the Proposal shall become the property of City and Artist shall have no further claim thereto. If Artist's Proposal is not selected for installation, following the conclusion of the selection process, Artist may retrieve the Proposal at Meridian City Hall at a time mutually agreed upon by the parties. Any Proposal or portion thereof not retrieved by 5:00 p.m, on December 28, 2012 shall become the property of City, and Artist shall have no further claim thereto, 7. Time of the essence. Artist acknowledges that services provided under this Agreement will be performed in a timely manner, The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 8. Public display and comment. It is the intent of City to publicly display and seelcpublio comment regarding the Proposal. Nothing in this Agreement, or otherwise, shall preclude the right of City to remove the Proposal from public display, whether temporarily or permanently, 9, Relationship of Parties. It is the express intention of Parties that Artist is an independent artist and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of PROFESSIONAL Smvicus AGRBF,MFNT — MSC2 PUBLTC ART PROJECT PROPOSAL PAOH 2 of 5 City, Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement, 10. Notices. Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail addressed as follows: City; Meridian Arts Commission Artist: J, Amber Conger Attn: Emily Kane Reflnerii 33 E, Broadway Avenue P.O. Box 15511 Meridian, Idaho 83642 Boise, Idaho 83715 Either party may change its/her address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 11. Indemnification and waiver. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement except :For liability arising out of Concurrent or Sole negligence of City or its officers, agents or employees. Further, Artist will indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Artist's performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 12, Discrimination prohibited. In performing services pursuant to this Agreement, Artist shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability, 13. Construction and seve-rability, If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion, 14, Entire agreement. This Agreement constitutes the entire understanding between the Parties, This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto, 1.5. Exhibit. The exhibit to this Agreement is incorporated by reference and made a part of this Agreement as if the exhibit were set forth in its entirety in this Agreement. To the extent that the provisions of the exhibit may conflict with those in this Agreement, the provisions in this Agreement shall control, 16, Non -waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be, construed as a continuing waiver of other breaches of the same or other provisions hereof. 17, Assignment. Artist may not subcontract, assign, transfer, hypothecate or sell its rights, including the right to compensation, and/or duties arising hereunder without the prior express PROFESSIONAL SBRVICBS AGREEMENT --MSC2 nuBLTC ART PROJECT PROPOSAL, PAGI; 3 of 5 written consent of City. Any subcontractor or assignee will be bound by all the terms and conditions of this Agreement. 18. Heirs and assigns. This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. All references herein to Artist and City shall include their respective heirs, successors, assigns, and personal representatives. 19. Termination. If City determines that Artist has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 20. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 21. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 2nd day of October, 2012. ARTIST: J b&- Conger Refinerii CITY OF MERIDIAN: BY: Tammy de erd, Mayor Attest: Jaycee 1-16hkian City Clerk O�P7EA A(fGLST 4 1-0 lly ,� ow p City of ��l E IDA, N%.., IDAHO .a SEAL r rxt�s`i� PROFESSIONAL SERVICES AGREEMENT — MSC2 PUBLIC ART PROJECT PROPOSAL PAGE 4 OF 5 PROrf?SSfONAL SERVICES AGREEMENT MSC2 PUBLIC ART PROJECT PROPOSAL PAGE 5 OF 5 7 Meridian Comm sssion Call for Artists w RFQ + RFP - Meridian Split -Corridor Phase 2 Public Art Project OVERVIEW: The Meridian Split; Corridor Phase 2 Public Art Project intends to create vitality and a sense of place by placing engaging works of art on two parcels bookehding the City of Meridian downtown core, in conjunction with the Ada County Highway District (ACHD)'s Meridian Split Corridor Phase 2 (MSC2) roadway project. This Call for Artists is a two stage process. The first stage is a request for qualifications (RFQ), in which the Meridian Arts Commission (MAC) invites artists to submit general qualifications for the design, fabrication, and installation of public art. The second stage is a request for proposals (RFP), in which up to three (3) qualified finalists will be invited to submit proposals for the MSC2 Public Art Project. LOCATIONS: There are two locations designated for public art - the first; on 'the southwest corner of Ada and Main Streets, and the second on the southeast corner of Main Street and Fairview Avenue. The attached schematics illustrate parcel locations and dimensions, PROJECT DESCRIPTION: The artwork must promote environmental responsibility and sustainability, particularly as to recycling efforts and wise use of energy and other resources, and should incorporate recycled, reused or repurposed materials. The artwork should at -so take into account Meridian's history, character, and values. The artwork must be appropriate for the project site, and its design, regardless of material or medium, may not create an unsafe distraction to vehicular traffic, The artwork must be located a safe distance from curbs and roadways and must conform to all applicable City and ACHD ordinances and policies, including building and sign codes. Please note that while the north site may be accessed by pedestrians, the south site has no sidewalks, and is not intended to be accessed by pedestrians, Minimal landscaping and limited water and electrical utilities are planned for both sites: ELIGIBILITY: Artists who are eighteen (18) years or older and living full time in Idaho are eligible to respond, This project is open to applicants regardless of race, gender, sexual orientation, religion, nationality, or disability. Teams of artists and/or engineers are welcome to apply. Incomplete, ineligible, or late submissions will be deemed ineligible and will not be considered, BUDGET: A budgeted amount of $75,000 is currently available for the selected artist's commission, including materials, fabrication, and installation. Th -e final budget may be higher. ARTIST WORKSHOP: An artist workshop will be conducted on Wednesday, August 8, 2012, from 5:00 to 6:00 p.m., in .onference Room A, on the first floor of Meridian City Hall, 33 E, Broadway Avenue, Meridian, Idaho. Attendance is optional but all artists or teams interested in applying for this project are welcome. Public Art Consultant Mark Johnstone will talk about and answer questions regarding the Call for Artists - Meridian Split Corridor Phase 2 Public Art Project Page 9 of 6 process for responding to this Call for Artists/RFQ- RFP. Please submit questions at any time, via e-mail to Emily Kane, ekane@merldiancity.org, PROCESS: 1. RFQ, open. To be considered for this project, eligible artists must submit the following materials to MAC by 5:00 p.m. on Monday, September 10, 2012: a. One-page cover tetter including current contact information and references; b. Resume, no more -than two pages in length; c, Ten (10) diggitat images (200 dpi; .jpg format) representative of artist's work on CD, DVD, or thumb drive; and d. Image list, including tittes, dimensions, media, and dates of originals. Materials submitted wilt not be returned; do NOT submit original artwork. The City of Meridian is a public agency: any information submitted is subject to release to the public as required by Idaho Public Records Law. 2. Finalists selected. By Friday, September 14, 2012, the Selection Pana wilt convene and evaluate alt responses to the RFQ, Following evaluation, the Selection Panel may select up to three finalists, or may reopen the RFQ. Selection criteria will include: a. Artistic quality of work represented in images; b. Appropriateness of experience/expertise for proposed project sites; and c. ProfesMohalism and artistic experience represented in resume. The Selection Panot wilt include representatives from MAC, ACWD, City elected officials and staff, Meridian Development Corporation, and business and residential communities, as well as arts professionals. 3, RFP open to finalists. The selected finalists will be invited to prepare proposals in response to this RFP, A stipend of $1,500 for preparation of the proposal, wilt- be avaitabte to each finalist upon execution of a written agreement with' the City and submission of a completed W-9 form. To respond to the RFA, finalists must submit at( of the following materials to MAG by 5;00 on Monday, October 12, 2012: a, Narrative; b. Budget; c. Drawing, computer rendering, or model; and d. Material samples. 4. Public input collected. Finalists' proposals will be put on public view and comments Will be collected at locations throughout the community from October 15 to November 2, 2012. 5. Artist selected, By November 7, 2012, the Selection Pane( will convene to review and evaluate at( responses to the RFP, Fottowiag evaluation, the Selection Pane[ may select one proposal, or may reopen the RFQ, or RFP. Setection criteria wilt include: a. Public input regarding the proposals; b. Quality of proposal; c. Appropriateness and safety of proposed artwork for project site(s); d. Reflection of Meridian's commitment to environmental responsibility and sustainability; e, Consistency with Meridian's history, character, and values; and f. Contribution to aesthetic and cultural vitality and sense of place, Call for Artists - Meridion Split Corridor Phase 2 Public Art project Page 2 of 6 The Selection Panel will forward its selection to MAC for consideration. MAC may endorse such selection for recommendation to *City Council, Meridian City Council and the. Mayor may consider such recommendations in making the final decision. The selected artist and finalists not selected will be notified of the decision on Wednesday, November 28, 2012., 6. Selected proposal implemented. Following selection, the selected Artist wilt fabricate and install the artwork, in accordance with a written agreement with the City, and with the project's final budget and timeline. A budgeted amount of $75,000 is currently available for the solected artist's commission, including materials, fabrication, and installation. The final budget may be higher. PROJECT TIMELINE: July 30, 2012 August 8, 2012, 5,100 p.m, September 10, 2012, 5:00 p.m, By September 14, 2012 September 17, 2012 September 19, 2012, 5:00 p.m. October 12, 2012, 5:010 p.m. October 16—November 2, 2012 By November 7, 2012 November 8, 2012 November 13, 2012 y November 16, 2092 November 28, 2012, .5;00 p.m. December 2012—August 2013 September 2013 (approx,) Call to Artists (Ri=Q./R>~P) issued Artist workshop at Meridian City Halt, 33 E. Broadway Ave, Deadline for submission of responses to RFq Selection Panel evaluates RFQ responses, selects finalists Finalists notified, invited to respond to RFP Deadline for finalists' signed agreement with City and W-9 form Deadline for submission of finalists' proposals Public input regarding finalists' proposals Selection Panel evaluates finalists' proposals Selection Panel report to MAC; MAC adopts recommendation MAC recommendation to City Council; final decision' Selected artist and not -selected finalists notified of decision Deadline for selected artist's signed agreement with City Fabrication Installation Timetine is subject to change to accommodate unforeseen circumstances, Submitted materials must be physically received by MAC, at the address below, by 5:00 pm,, on specified deadlines, Responses that are postmarked, but not received, by specified deadlines will be considered late and will not be considered. Please do not call or e-mail to ask about the Selection Panel's recommendations; artists will receive alt notification by letter sent via U.S. Mail, CONTACT: Mail or deliver applications to: Questions, via email: Thank you for your interest! Meridian Arts Commission Attn: Emity Kane 33 E. Broadway Avenue, Suite'308 Meridian, Idaho 83462 Emily Kane ekane@meridiancity,org Call for Artists - Meridian Split Corridor Phase 2 Public Art Project Page 3 of 6 xZ(m [POO[buft AN no X 600"TIMBOO Call for Artists - Meridian Split Corridor Phase 2 Public Art Project Page 4 of 6 tai t•° , sf",..._........._�._....r,�r•,.,p......-... o).��,t,�� `_- ti2:=''(�3,sr:•-sa•«5 ir�r, L' 9 � ..,-�.�.._ .... _._.-_.r.--.. �..�n.......,�...-.l7 Ll...�.,. .�............1{-�..F, � �..li CI�--�.-.r.-�.........-1 • ..«.-�� ....... . � •..r3�`, fir, . � ar. • Y. .i 41 P l� () y 1 5 C.. t �L/y • "+ V l _l 0 JL"5� Jr 00 }r� k uj 0. Pi �., (f� t r a �l b L Lid_�— f a a � ! I� tiff , ; far rt Ms - er d an Sp rt Carr or P ase 2 u c rt Fro ect a I } X31...1 naen ' -.._._.4r L V lid........-� �..w.�,'1/d '_"-.r•.' =t": :..�.."17Ut—t— 1/d^ __1/dr1.w..>=•Jif%il�::: I4 I •I._ -'di10:-- I 'r � � 1 lU � X31...1 naen DATE: 0 Professional Services Agreement with Byron W. Folwell for Studio Maelstrom, LLC for Preparation of Meridian Split Corridor Phase 2 Public Art Project Proposal for a Not -to - Exceed Amount of $1,500.00 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT Meridiau Split Corridor Phase 2 Public Art Project Proposal This PROFESSIONAL SERVICES AGREEllMENT for Meridian Split Corridor Phase 2 Public Art Project Proposal (hereinafter "Agreement") is made this 2nd day of October, 2012, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, ("City") through the duly delegated Meridian Arts Commission, and Byron 'W, Folwell ("Artist"}. WHEREAS, through the Meridian Split Corridor Phase 2 Public Art Project, the Meridian Arts Cotnmission seeks to foster vitality and create a sense of place in the Meridian downtown core, and to that end, the Meridian Arts Commission issued a Call for Artists, attached hereto as ExhOUA ("Call for Artists"), which included a Request for Qualifications ("RFQ") seeking artists' qualifications forpublic art installations; and 'WHEREAS, on September 19, 2012, a selection panel including representatives of tile, Meridian Arts Commission, Meridian Solid Waste Advisory Commission, Meridian Chamber of Commerce, Meridian Development Corporation, Meridian Parks and Recreation Department, Meridian; Community Dovolopmsnt Department, and the arts and bushiess community, reviewed the responses to the RFQ and selected Artist as one of three finalists to create proposals in response to the Request for Proposals ("RFP") component of the Call for Artists; NOW, THE, REFORE, for good and valuable consideration, the receipt and sufficiency of whicli is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, City and Artist agree as follows. 1. Scope of Servievs. By the time and manner set forth herein, Aitist will create and deliver to City one publio art proposal (hereinafter ".Proposal"), to consist of a, One typed narrative on one side of a sheet of 8Y2,-by�l 1 -inch paper, suitable for copying, which natTative shall include: (1) A deserip6on of the proposed public art installations) and Artist's approach to this project; and (2) Projected timeline for completion of the proposed project, b. Projected budget for the proposed project, which budget shall not exceed ninety-five thousand dollars ($95,000), which total shall include any and all project expenses such as artist fees, materials, shipping, and installation costs. c, A drawing, computer rendering, or model(s) of the proposed project, whicl. Tepresentatior. shall be rendered in a format suitable for viewing by the public and the selection panel. d. Samples of all materials proposed for use in the proposed project, 2. Payment. City will pay Artist for setvloes rendered ivider this Agreement in the total amount of one thousand five hundred dollars ($1,500.00), which. payment shall be made pursuant to the following method, To receive payment for services rendered, Artist shall complete the W-9 form provided herewith and rennit such completed form by 5:00 p.m, on. September 25, 2012. PROPESSIONAL SPRVIcEs A01MMMI3NT--M802 PUBLIc ART PROMM' f ROPOSAL PAGE 1 OF 5 Following receipt of the complete W-9 form from Artist and execution of this Agreement by both Parties, City will process such request and issue payment via check sent U.S. Mail to Artist within seven (7) days. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be, the sole responsibility of Artist. 3. Delivery. Artist shall deliver the Proposal to City at the City Attorney's Office, 33 R Broadway Avenue, Suite 308, Meridian, Idaho, by 5:00 p.m, on Friday, October 19, 2012. 4, Loss of or damage to Proposal. Artist agrees to bear any risk of loss and/or damage to the Proposal unless and until a member of City staff personally and physically accepts custody and control thereof, In the event of loss or damage incurred prior to City's acceptance of the Proposal, Artist shall recreate or repair the Proposal that was lost and/or damaged at no expense to City, In the event of loss or damage incurred following City's acceptance of the Proposal, City shall provide Artist the opportunity to recreate or repair the Proposal, for which service the City shall remunerate Artist for the actual cost of such recreation or repair, but in no event shall City pay Artist more than five hundred dollars ($500,00) for such recreation or repair. 5. Insurance Artist's responsibility, City shall not provide insurance to cover loss, theft, or damage to the Proposal, or to cover any activity undertaken by Artist in the furtherance of Artist's respective rights or obligations described herein, Any insurance of the Proposal; of the Artist's persons, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. 6. Ownership, Upon City staffs personal and physical acceptance of the Proposal, the Proposal shall be owned by City for all intents and purposes as set forth hereunder and in the Call for Artists, If Artist's Proposal is ultimately selected for installation, the Proposal shall become the property of City and Artist shall have no further claim thereto, If Artist's Proposal is not selected for installation, following the conclusion of the selection process, Artist may retrieve the Proposal at Meridian City Hall at a time mutually agreed upon by the parties, Any Proposal or portion thereof not retrieved by 5:00 p.m. on December 28, 2012 shall become the property of City, and Artist shall have no further claim thereto. 7, Time of the essence, Artist acknowledges that services provided under this Agreement will be performed in a timely manner, The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perforin any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform, 8, Public display and comment. It is the intent of City to publicly display and seek public comment regarding the Proposal, Nothing in this Agreement, or otherwise, shall preclude the right of City to remove the Proposal from public display, whether temporarily or permanently. 9. Relationship of Parties, It is the express intention of Parties that Artist is an independent artist and not an employee, agent, joint venturer, or partner of City, Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of PROFESSIONAL, 88"ICES AGREEMENT — MSC2 PUBLIC ART PROJECT PROPOSAL PAoE 2 OF 5 City. Both parties aclunowledge, that Artist is not an employee of City, Artist shall retain the right to perform services for others during the teem of this Agreement. 10, Notices, -Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall bo in writing and be deemed communicated when mailed by C, Wted States Mail addressed as follows; City; Meridian Arts Commission Artist; Byron W. Folwell Attn: Emily Dane 23 N. Roosevelt Street 33 E. Broadway Avenue Boise, Idaho 83706 Meridian, Idaho 83642 Either party may change its/his address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided, 11. Indemnification and waiver, Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, glowing out of, or in any way connected with or incident to Artist's performance of'this Agreement except for liability arising out of oozncutTent or sole negligence of City or its officers, agents or employees, Further, Artist will indemnify, hold harmless, and defend City against ally and all claims, demands, damages, costs, expenses or liability arising out of Artist's performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 12, Discrimination prohibitonl, In performing services pursuant to this .Agreement, Artist shall not unlavibily discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or axnoestry, age or disability. 13. Construction and severability, If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is rcasonably capable of completion, 14, Entire agreemennt, This Agreement constitutes the entire understanding between the Parties, This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith, The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 15, Exhibit, The exhibit to this Agreement is incorporated by reference and made a part of this Agreement as if the exhibit were set .forth in its oxrtirety In this Agreement To the extent that the provisions of the exhibit may conflict with those in this Agreement, the provisions in this Agreement shall control, 16, Non -waiver of broach, A waiver of any breach of any ofthe provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof, 17. Assignment, Artist may not subcontract, assign, transfer, hypothecate or sell its rights, including the right to compensation, and/or duties arising hereunder without the prior express PRorES31ONAL 8nRvIGES AORr,sMENr— MSC2 Puauc ART PROJECT PROPOSAL Pmr, 3 or, 5 written consent of City. Any subcontractor or assignee will be bound by all the terms and conditions of this Agreement. 18, Heirs and assigns. This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. All references herein to Artist and City shall include their respective heirs, successors, assigns, and personal representatives. 19. Termination. If City determines that Artist has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Artist, This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 20. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 21. City Council approval required. The validity of this Agreement shag be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 2nd day of October, 2012. ARTIST: CITY OV MERIDIAN: O��pTED AU�Lsrl $G lyoW 8Y' Y` City of Tammy de dC, Mayor E IDIAN*--- � IDAHO m F SIAL Attest: A�' Jaycee H—d&an theTREt9�&� City Clerk PROFESSIONAL SERvIcEs AGREEMENT — MSC2 PUBLIC ART PROJECT PROPOSAL PAGE 4 OF 5 LWAI 0 a WONgAo-- Pwvrssma SEIMCM AoR1;I;MEN'r - MSC2 PUR1,1V ,ART PROJECT PROPOSAL PAUL) 5 OF 5 lVleridia7tg ©m Call -for Artists W RFQ .1. RFP Me. ridian Split Corridor Phase 2 Public Art Proiect OVERVIEW: The Meridian Split Corridor Phase 2 Public Art Project intends to create vitality and a sense of place by placing engaging works of art on two parcels bookending the City of Meridian downtown core, in conjunction with the Ada County Highway District (ACHD)Is Meridian' Split Corridor Phase 2 (MSC2) roadway project. This Call for Artists is a two stage process. The first stage is a request for qualifications (RFQ), in which the Meridian Arts Commission (MAC) invites artists to submit general qualifications for the design, fabrication, and installation of public art, The second stage is a request for proposals (RFP), in which up to three (3) qualified finalists will be invited to submit proposals for the MSC2 Public Art Project. LOCATIONS: There are two locations designated for public art - the first on the southwest corner of Ada and Main Streets, and the second on the southeast corner of Main Street and Fairview Avenue, The attached schematics fllustrate parcel locations and dimensions. PROJECT DESCRIPTION: The artwork must promote environmental responsibility and sustainability, particularly as to recycling efforts and wise use of energy and other resources, and should incorporate recycled, reused or repurposed materials, The artwork should also take into account Meridian's history, character, and values. The artwork must be appropriate for the project site, and its design, regardtess of material or medfum, may not create an unsafe distraction to vehicular traffic, The artwork must be located a safe distance from curbs and roadways and must conform to all applicable City and ACRD ordinances and policies, including building and sign codes. Please note that while the north site may be accessed by pedestrians, the south site has no sidewalks, and is not Intended to be accessed by pedestrians. Minimal landscaping and limited water and electrical utilities are planned for both sites, ELIGIBILITY., Artists who are eighteen (18) years or older and living full time in Idaho are eligible to respond. This project is open to applicants regardless of race, gender, sexual orientation, religion, nationality, or disability. Teams of artists and/or engineers are welcome to apply, Incomplete, ineligible, or late submissions will be deemed ineligible and will not be considered, BUDGET: A budgeted amount of $75,000 is currently available for the selected artist's commission, including materials, fabrication, and installation. The final budget may be higher. ARTIST WORKSHOP: An artist workshop will be conducted on Wednesday, August R, 2012) from 5:00 to 6;00 p.m., in Conference Room A, on the first floor of Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. Attendance is optional but att artists or teams interested in applying for this project are welcome. Public Art Consultant Marie Johnstone will talk about and answer questions regarding the Call for Artists - Meridian Split Corridor Phase 2 Public,grt Project Page Y of 6 process for responding to this Cat( for Artists/RFQ + RFP, Please submit questions at anytime via e-mail to Emily Katie, ekane@meridiancity.org. PROCESS#, 1. RFQ open. To be considered for this project, eligible artists must submit the following materials to MAC by 5:00 p.m. on Monday, September 10, 2012: a. One-page cover letter including current contact information and references; b. Resume, no more than two pages in length; c, Ten (10) digital images (200 dpi; .Jpg format) representative of artist's work on CD, DVD, or thumb drive; and d. Image list, including titles, dimensions, media, and dates of originals, Materials submitted will not be returned; do NOT submit original artwork. The City of Meridian is a public agency: any information submitted is subject to release to the public as required by Idaho Public Records Law. 2. Ffinalists selected. By Friday, September 14, 2012, the Se(ection Panel will convono and evaluate all responses to tho RFQ. FOlowing evaluation, the Selection Panel may select up to three finalists, or may re -open the RFQ. Selection criteria wit( include; a. Artistic quality of work represented in images; b. Appropriateness of experience/exp6rdse for proposed project sites; and c. Professionalism and artistic experience represented in resume. The Selection Panel will include representatives from MAC, ACRD, City elected officials and staff, Meridian Development Corporation, and business and residentiat Communities, as well as arts professionals, 3. RFP open to finalists. The selected finalists will be invited to prepare proposals in response to this RFP. A stipend of $1,500 for preparation of the proposal wit( be available to each finalise: upon exeCutior) of a written agreernent with the City and submission of a completed W-9 form. To respond to the RFP, finalists must submit all of the following materials to MAC by 5.00 on Monday, October 12, 2012; a. Narrative; b, Budget; c. Drawing, computer rendering, or model; and d. Material samples, d. Public input collected, Finalists' proposals wilt be put on public view and comments will be collected at locations throughout the community from October 15 to November 2, 2012, 5. Artist selected, By November 7, 2092, the Selection Pantt wilt convene to review and evaluate all responses to the RFP, Following evaluation, the Selection Panel may select one proposal, or may reopen the RFQ or RFP, Selection criteria wilt include: a. Public input regarding the proposals; b. Quality of proposal; c. Appropriateness and safety of proposed artwork i:or project sites); d. Reftection of Meridian's commitment to environmental responsibility and sustainabitity; e. Consistency with Meridian's history, character, and values, and f. Contribution to aesthetic and cultural vitality end sense of place. Call for Artists - ftrld;an Split Corr-ldor Phase 2 Public Art Project Page 2 of 6 The Selection panel will forward its selection to MAC for consideration, MAC may endorse such selection for recommendation to City Council, Meridian City Council and the Mayor may consider such recommendations in Making the final decision. The selected artist and finalists not selected will be notified of the decision on Wednesday, November 28, 2012, 6. Selected proposal implei-aen ~ed. Following selection, the selected Artist will fabricate and install the artwork, in accordance with a written agreement with the City, and with the project's final budget and timeline, A budgeted amount of $75,000 is currently available for the selected artist's commission, including materials, fabrication, and installation. The final budget maybe higher. PROJECT TI/V1ELINE: July 30, 2012 August 8, 2012, 5:00 p.m. September 10, 2012, 5:00 P.M. By September 14, 2012 Septdmber 17, 2092 September 19, 2012, 5:00 p.m, October 12, 2012, 50M p.m. October 16—November 2, 2012 By November 7, 2012 November. 8, 2012 November 13, 2012 By November 16, 2012 November 28, 2012, 5:00 p.m. December 2012 --August 2013 September 2013 (approx.) Call to Artists (RrQ/Rf"P) issued Artist workshop at Meridian City Hall, 33 E. Broadway Ave. Deadline for submission of responses to Rt`Q Selection Panel evaluates RFQ responses, selects finalists Finalists notified, invited to respond to RFA Deadline for finalists' signed agreement with City and W-9 form Deadline for submission of finalists' proposals Public input regarding finalists' proposals Selection Panel evaluates finalists' proposals Selection Panel report to MAC; MAC adopts recommendation MAC recommendation to City Council; final decision Selected artist and not -selected finalists notified of decision Deadline for selected artist's signed agreement with City Fabrication Installation Timeline is subject to change to accommodate unforeseen circumstances, Submitted materials must be physically received by MAC, at tate address below, by 5;00 p.m., on specified deadlines, Responses that: are postmarked, but not received, by specified deadlines will be considered late and will not be considered, please do not call or e-mail to ask about the Selection Panel's recommendations; artists will receive all notification by letter sent via U,S. Mail. CONTACT: Mailor deliver applications to: Questions, via e-mail; Thank you for your interestl Meridian Arts Commission Attn: Emily Kane 33 R. Broadway Avenue, Suite 308 Meridian, Idaho 83462 Emily Kane ekane@meridiancltiy,org Call forArtists - Meridian Split Corridor Phase 2 A011c Art Project ' huge 3 of 6 Coll for Artists - Meridian Split Corridor Phase 2 Public Art Project PaSe 4 of 6 d.•rT.::Y.a�_�.,.7/dam--•r'.:«�Y�,3,ntis. �„�,:. I� r' ov, l/1 0 LO C\j P, co 7/d..__..1..�. �_l/d----._ •—_ 7/d--.-•-...._.....7/rf.��.........-�71d----- ^-'.�.1/d_.._.._....... _•-_� e W ••e 2012 ITEM NUMBEFL Professional Services Agreement with Ellen Nasvik for Post Modern Concrete for Preparation of Meridian Split Corridor Phase 2 Public Art Project Proposal for a Not -to - Exceed Amount of $1,500.00 y � j Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT Meridian Split Corridor Phase 2 Public Art Project Proposal This PROFESSIONAL SERVICES AGREEMENT for Meridian Split Corridor Phase 2 Public Art Project Proposal (hereinafter "Agreement) is made this 2nd day of October, 2012, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, ("City") through the duly delegated Meridian Ails Commission, and Ellen Nasvik ("Artist), WHEREAS, through the Meridian Split Corridor Phase 2 Public Art Project, the Meridian Arts Commission seeks to foster vitality and create a sense of place in the Meridian downtown core, and to that end, the Meridian Arts Commission issued a Call for Artists, attached hereto as Exhibit.4 ("Call for Artists"), which included a Request for Qualifications ("RFQ") seeking artists' qualifications for public art installations; and WHEREAS, on September 19, 2012, a selection panel including representatives of the Meridian Arts Commission, Meridian Solid Waste Advisory Commission, Meridian Chamber of Commerce, Meridian Development Corporation, Meridian Parks and Recreation Department, Meridian Community Development Department, and the arts and business community, reviewed the responses to the RFQ and selected Artist as one of three finalists to create proposals in response to the Request for Proposals ("RFP") component of the Call for Artists; NOW, THERE' FORE, 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, City and Artist agree as follows: 1. Scope of Services. By the time and manner set forth herein, Artist will create and deliver to City one public art proposal (hereinafter "Proposal"), to consist of; a, One typed narrative on one side of a sheet of 811,z -by -11 -inch paper, suitable for copying, which narrative shall include: (1) A description of the proposed public art installation(s) and Artist's approach to the project; and (2) Projected timeline for completion of the proposed project, b. Projected budget for the proposed project, which budget shall not exceed ninety-five thousand dollars ($95,000), which total shall include any and all project expenses Stich as artist fees, materials, shipping, and installation costs, c, A drawing, computer rendering, or model(s) of the proposed project, which representation shall be rendered in a format suitable for viewing by the public and the selection panel, d. Samples of all materials proposed for use in the proposed project. 2, Payment. City will pay Artist for services rendered under this Agreement in the total amount of one thousand five hundred dollars ($1,.500,00), which payment shall be made pursuant to the following method, To receive payment for services rendered, Artist shall complete the W-9 form: provided herewith and remit Stich completed form by 5:00 p.m. on September 25, 2012. PROPI?SSCONAL SERvicEs AGREEMENT--MSC2 uBuc ART PROJECT PROPOSAL PAGE 1 of 5 Following receipt of the complete W-9 form' from Artist and execution of this Agreement by both Parties, City will process such request and issue payment via check sent U.S, Mail to Artist within seven (7) days. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. 3. Delivery, Artist shall deliver the Proposal to City at the City Atiorney's Office, 33 E. Broadway Avenue, Suite 308, Meridian, Idaho, by 5:00 pan. on Friday, October 19, 2012, 4. Loss of or dai nage to Proposal. Artist agrees to bear any risk of loss and/or damage to the Proposal unless and until a member of City staff personally and physically accepts custody and control thereof. In the event of loss or damage incurred prior to City's acceptance of the Proposal, Artist shall recreate or repair the Proposal that was lost and/or damaged at no expense to City. In the event of loss or damage incurred following City's acceptance of the Proposal, City shall provide Artist the opportunity to recreate or repair the Proposal, for which service the City shall remunerate Artist for the actual cost of such recreation or repair, but in no event shall City pay Artist more than five hundred dollars ($500.00) for such recreation or repair. 5. Insurance Artist's responsibility, City shall not provide insurance to cover loss, theft, or damage to the Proposal, or to cover any activity undertaken by Artist in the furtherance of Artist's respective rights or obligations described herein, Any insurance of the Proposal; of the Artist's persons, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. 5. OrVjjcrship, Upon City staff's personal and physical acceptance of the Proposal, the Proposal shall be owned by City for all intents and purposes as set forth hereunder and in the Call for Artists. If Artist's Proposal is ultimately selected for installation, the Proposal shall become the property of City and Artist shall have no further claim thereto. If Artist's Proposal is not selected for installation, following the conclusion of the selection process, Artist may retrieve the Proposal at Meridian City Hall at a time mutually agreed upon by the parties, Any Proposal or portion thereof not retrieved by 5:00 p.m, on December 28, 2012 shall become the property of City, and Artist shall have no further claim thereto. 7. Time of the essence, Artist acknowledges that services provided under this Agreement will be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 8, Public display and comnrelit. It is the intent of City to publicly display and seek public comment regarding the Proposal, Nothing in this Agreement, or otherwise, shall preclude the right of City to remove the Proposal from public display, whether temporarily or permanently. 9, Relationship of Parties. It is the express intention of Parties that Artist is an independent artist and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist arrd City or between Artist and any official, age' -it, or employee of PROFESSIONAL SERVICES AGRLCMENT-M8C2 Pu>3L[C ART PROJEar PROPOSAL PAGE 2 OF 5 City. Both parties acknowledge that Artist is not an employee of City, Artist shall retain the right to perform services for others during the term of this Agreement. 10, Notices. Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail addressed as follows: City: Meridian Arts Commission Artists Ellen Nasvik Attn: Emily Kane P,O. Box 341.2 33 E, Broadway Avenue Hailey, Idaho 83333 Meridian, Idaho 83642 Either party may change its/her address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided, 11. Indemnification and waiver. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Artist will indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Artist's performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 12. Discrimination prohibited. In performing services pursuant to this Agreement, Artist shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability, 13, Construction And severability, If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 14. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto, 15, Exhibit. The exhibit to this Agreement is incorporated by reference and made a part of this Agreement as if the exhibit were set forth in its entirety in this Agreement. To the extent that the provisions of the exhibit may conflict with those in this Agreement, the provisions in this Agreement shall control. 16, Non -waiver of bread►. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 17, Assignment. Artist may not subcontract, assign, transfer, hypothecate or sell its rights, including the right to compensation, and/or duties arising hereunder without the prior express PROFESSIONAL SERVICES AGREEMENT —MSC2 PUBLIC Awr PROJECrPROPOSAL PAOE 3 Ott S written consent of City, Any subcontractor or assignee will be bound by all the terms and conditions of this Agreement. 18. Heirs and assigns. This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. All references herein to Artist and City shall include their respective heirs, successors, assigns, and personal representatives. 19. Termination. If City determines that Artist has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this. Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 20. Governing law. This Agreement shall be governed by the laws of the State of Idaho, 21. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 2nd day of October, 2012. ARTIST: 1 Nasvik CITY OF MERIDIAN: o440�pzav nu�Lsr J BY: City ofTammy de rd, Mayor EKKV�')' �� r~9v� . Atst: SEL e Jaycee Hobban +at TROS'l*t City Clerk PROFESSIONAL SERVICES AGREEMENT —MSC2 PUBLIC ART PROJECT PROPOSAL PAGE 4 OF 5 PROFESSIONAL SHRVICFS AGREEwENT--MM2 PUBLIC ART PROJECT PROPOSAL PAGF. 5 OF 5 Merid lcin CotI'lrrlission Calc for Artists - RFS, + RFP Meridian SpUt Corridor Phase 2 Public Art Project OVERVIEW: Tho Meridian Split Corridor Phase 2 Public Art Project intends to create vitality and a sense of place by placing engaging works of art on two parcels bookending the City of Meridian downtown core, in conjunction with the Ada County Highway District (ACHD)'s Meridian Split Corridor Phase 2 (MSC2) roadway project, This Call for Artists is a two stage process, The first stage is a request for qualifications (RFQ), in which the Meridian Arts Commission (MAC) invites artists to submit general qualifications for the design, fabrication, and installation of public art. The second stage is a request for proposals (RFP), in which up to three (3) qualified finalists wilt be invited to submit proposals for the MSC2 Public Art Project. LOCATIONS: There are two locations designated for public art - the first on the southwest corner of Ada and Main Streets, and the second on the southeast corner of Main Street and Fairview Avenue. The attached schematics illustrate parcel locations and dimensions, PROJECT DESCRIPTION: The artwork must promote environmental responsibility and sustainability, particularly as to recycling efforts and wise use of energy and other resources, and should incorporate recycled, reused or repurposed materials. The artwork should also take into account Meridian's history, character, and values, The artwork must be appropriate for the project site, and its design, regardless of material or medium, may not create an unsafe distraction to vehicular traffic. The artwork must be tocated'a safe distance from curbs and roadways and must conform to at( applicable City and ACHD ordinances and policies, including building and sign codes. Please note that while the north site may be accessed by pedestrians, the south site has no sidewalks, and is not intended to be accessed by pedestrians, Minimal landscaping and limited water and electrical utilities are planned for both sites. ELIGIBILITY: Artists who are eighteen (1.8) years or older and living full time in Idaho are eligible to respond. This project is open to applicants regardless of race, gender, sexual orientation, religion, nationality, or disability, Teams of*artists and/or engineers are welcome to apply. Incomplete, ineligible, or late submissions wilt be deemed ineligible and wilt not be considered. BUDGET: A budgeted amount of $75,000 is currently available for the selected artist's commission, including materials, fabrication, and installation, The final budget may be higher, ARTIST WORKSHOP: An artist workshop will be conducted on Wednesday, August 8, 2012, from 5:00 to 6:00 p.m., in Conference Room A, on the first floor of Meridian City Flan,, 33 E, Broadway Avenue, Meridian, Idaho, Attendance is optional but all artists or teams interested in applying for this project are welcome. Public Art Consultant Mark ,Johnstone will talk about and answer questions regarding the Call for Artists - Meridian Split Corridor phase 2 Public Art, Project Page 9 of 6 process for responding to this Call for Artists/RFQ + RFP. Please submit questions at any time via e-mail to Emily Kane, ekane@meridiancity.org. PROCESS: 1. RFQ open. To be considered for this project, eligible artists must submit the following materials to MAC by 5:00 p.m. on Monday, September 10, 2012; a, fine -page cover letter including current contact information and references; b. Resume, no more than two pages in length; C, Ten ('i 0) digital images (200 dpi; Jpg format) representative of artist's work on CD, DVD, or thumb drive, and d. Image list, including titles, dimensions; media, and dates of originals. Materials submitted wilt not, be returned; do NOT submit original* artwork. The City of Meridian is a public agency: any information submitted is subject to release to the public as required by Idaho Public Records Law. 2. Finalists selected. By Friday, September 14, 2012, the Selection Panel will convene and evaluate all responses to the RFQ. Following evaluation, the Selection Panel may select up to three finalists, or may re -open the RFQ, Selection criteria will include: a. Artistic quality of work represented in images; b, Appropriateness of experience/expertise for proposed project sites; and c. Professionalism and artistic experience represented in resume. The Selection Panel will include representatives from MAC, ACHD, City elected officials and staff, Meridian Development Corporation, and business and residential communities, as well as arts professionals. 3, RFP open to finalists, The selected finalists will be invited to prepare proposals in response to this RFP, A stipend of $1,500 for preparation of the proposal wilt be available to each finalist upon execution of a written agreement with the City and submission of a completed W-9 form, To respond to the RFP, finalists must submit al( of the following materials to MAC by 5;00 on Monday, October 12, 2012: a. Narrative; b. Budget; c, Drawing, computer rendering, or model; and d. Material samples, 4, Public input. collected. Finalists' proposals will be put on public view and comments wilt be collected at locations throughout the community from October 1.5 to November 2, 2012. 5. Artist selected, By November 7, 2012, the Selection Panel wit( convene to review and evaluate all responses to the RFI'. Following evaluation, the Selection Panel may select one proposal, or may re -open the RFQ or RFP, Selection criteria wilt include: a. Public input regarding the proposals, b. Quality of proposal; c. Appropriateness and safety of proposed artwork for project site(s), d, Reflection of Meridian's commitment to environmental responsibility and sustainability; e. Consistency with Meridian's history, character, and values; and f. Contribution to aesthetic and cultural vitality and sense of place, Call for Artists - Meridian Split Corridor Phase 2 Public Art Project Page 2 of 6 The Selection Panel will forward its selection to MAC for consideration. MAC may endorse such selection for recommendation to City Council, Meridian City Council and the Mayor may consider such recommendations in making the final decision. The selected artist and finalists not selected will be notified of the decision on Wednesday, November 28, 2012. 6. Selected proposal implemented. Following selection; the selected Artist will fabricate and install the artwork, in accordance with a written agreement with the City, and with the project's final budget and timeline. A budgeted amount of $75,000 is currently available for the selected artist's commission, including materials, fabrication, and installation. The final budget may be higher. PROJECT TIMELINE: July 30, 2012 August 8, 2092, 5:00 p.m. S-eptomber 10, 2012, 5:00 p.m, By September 14, 2012 September 17, 2012 September 19, 2012, 5:00 p, m. October 12, 2012, 5:00 p, m. October 16—November 2, 2012 By November 7, 2012 November 8, 2012 November 13, 2012 By November 16, 2012 November 28, 2012, 5;00 p.m. December 2012 -August 2013 September 2013 (approx.) Call to Artists (RFQ/RFP) issued Artist workshop at Meridian City Mall, 33 E, Broadway Ave. Deadline for submission of responses to RFQ Selection Panel evaluates RFQ responses, selects finalists Finalists notified, invited to respond to RI=P Deadline for finalists' signed agreement with City and W-9 form Deadline for submission of finalists' proposals Public input regarding finalists' proposals Selection Panel evaluates finalists' proposals Selection Panel report to MAC; MAC adopts recommendation MAC recommendation to City Council; final decision Selected artist and not -selected finalists notified of decision Deadline for selected artist's signed agreement with City Fabrication Installation Timeline is subject to change to accommodate unforeseen circumstances. Submitted materials must be physically received by MAC, at the address below, by 5:00 p.m,, on specified deadlines. Responses that are postmarked, but not received, by specified deadlines will be considered late and will not .be considered, Please do not call or e-mail to ask about the Selection Panel's recommendations; artists will receive all notification by letter sent via U.S. Mail, CONS Mail or deliver applications t4: Questions, via a -mail: Thank you for your interest! Meridian Arts Commission Atto: Emily Kane 33 E. Broadway Avenue, Suite 308 Meridian, Idaho £3462 Emily Kane ekane@meridiancity.org Cal( for Artists - Meridian Split Corridor Phase 2 Public Art Project Page 3 of 6 kOOG22 IMIR)DO(D AT'a R-ODCA00)[DO Cott for Artists - Meridian Split Corridor Phase 2 Public Art Project Page 4 of 6 I, NIIII? I Cott for Artists - Meridian Split Corridor Phase 2 Public Art Project Page 4 of 6 — Lli LLJ W® V) z nN3Ad M3lA8lVJ Ile..._.,�.z��.,7i-- ...-..-...,.M.._.�_.... PVC. 0 V 00 py-� ACI,......--...�! _�...T 1. •11 a Pan1,2" •----1/d-----__.—_,T/d...._........_..._--1/4--_.—T/d—....--.-1/d---- ................,._ o. a 1 I 1 I 11 n a � A � o is - Meridian Split Corridor Phase 2 Fubflc Ar .bN .1h z F� 111111111�illill�illillill �ll�illillillillilli I'. Ili 1 0 ITEM TITLE: Joint Powers Subscriber Agreement with ICRMP MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION W DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Fujt> FAB-Mrfffl. MKOWTIM11, - • ��-wilym F21161WOUNWHA4,: Approval of Agreement for Professional Audit Services for FY2012 to Eide Bailly for the Not -To -Exceed Amount of $52,750.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Iu� To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager : Stacy Kilchenmann, Reta Cunningham, Todd Lavoie Date: 9/24/12 Re: October 2 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 2nd City Council Consent Agenda. Approval of Agreement for Professional Audit Services for FY 2012 to EideBailly for the Not -To -Exceed amount of $52,750.00. Recommended Council Action: Approval of Award of Agreement to EideBailly for the Not -To -Exceed amount of $52,750.00. Thank you for your consideration. e Page 1 (: ��VE N I AF�e;2 CONTRACTOR NAME: EideBailly 877 W. Main St., Suite 800 Boise, 10 83702 Contract Name: Financial Audit Services Previous Amendment Date: 1.12.2012 MERIDIANCITY OF CONTRACT AMENDMENT No. 3 FINANCIAL SERVICES AUDIT Finance -KD -DR EE 33 E. Broadway Meridian, ID 83642 previous Amendments: 2 . Current Contract Dates: START: 10-1-2011 COMPLETION: L-22, l2- Current Contract Amount (Exlusive of Previous Amendments): MLO -0-0 D AMENDMENT" or "Aliffl:NUMCM CHOOSE ONE AOMPT ON TO RENEW' anBd check off any applicable amendments under that column. AMENDMENT TO EXERCISE OPTION TO RENEW (Check al( that ARP Amendment to Contract Performance X Amendment to Contract Dates X Amendment to Contract Amount ___,_ Other: (Explain) amen Renewal of Agreement for FY 2012 Audit Services. Base audit and three single audits. Amendment Date: 10-2.2012 New Contract Dates: START: 10-1-2012 COMPLETION: -i-20--2013. Amount of Amendment Change $-52 750, 00 . Current Contract Amount (Inclusive of previous Amendments to Date): $.150,250.00 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT, RF4 AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERpIAN ,ZED AUGL BY. TAMMY de ERD, MAYOR oge°� Sr''r� Dated: O City of EIZIDIAN*-- IDAHO A lLi.w1• � y SrAL V Ilk e TREK", EE t O MAN, CITY CLERK EideElailly BY:Pi1� Kevin Smith, partner Dated: I L Purchasi A ro a BY: KEITH ATTS, PURC ASING MANAGER CPAs & BUSINUs ADVISORS September 13, 2012 To the Mayer and Members of the City Council City of Meridian, Idaho Meridian, Idaho We are engaged to audit the financial statements of the governmental activities, the business -type activities, the aggregate discretely presented component unit, and the major fund of City of Meridian, Idaho for the year ended September 30, 2012, Professional standards require that we provide you with the following information related to our audit. We would also appreciate the opportunity to meet with you to discuss this information further since a two-way dialogue can provide valuable information for the audit process. Our Resnonsibilities under U.S, General�Accepted Auditinr; Standards and OMB Circular A-133 As stated in our engagement letter dated September 13, 2012, our responsibility, as described by professional standards, is to express opinions about whether the financial statements prepared by management with your oversight are fairly presented, in all material respects, in conformity with U.S, generally accepted accounting principles, Our audit of the financial statements does not relieve you or management of your responsibilities. In planning and performing our audit, we will consider City of Meridian, Idaho's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide assurance on the internal control over financial reporting, We will also consider internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133, As part of obtaining reasonable assurance about whether City of Meridian, Idaho's financial statements are free of material misstatement, we will perform tests of its compliance with certain provisions of laws, regulations, contracts, and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions is not an objective of our audit, Also in accordance with OMB Circular A-133, we will examine, on a test basis, evidence about City of Meridian, Idaho's compliance with the types of compliance requirements described in the "U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement" applicable to each of its major federal programs for the purpose of expressing an opinion on City of Meridian, Idaho's compliance with those requirements, While our audit will provide a reasonable basis for our opinion, it will not provide a legal determination on City of Meridian, Idaho's compliance with those requirements. Other Information in Documents Containing Audited Financial Statements Our responsibility for the supplementary information accompanying the financial statements, as described by professional standards, is to evaluate the presentation of the supplementary information in relation to the financial statements as a whole and to report on whether the supplementary information is fairly stated, in all material respects, in relation to the financial statements as a whole. www.eideba!IIy.com 877 W. Mo1n $t., $1e. 800 I Boise, IP 83702.5858 J 7209.344.7150 I F208.344.7435 I EOE Planned Scone and Timing of the Audit An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Material misstatements may result from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. We will generally communicate our significant findings at the conclusion of the audit. However, some matters could be communicated sooner, particularly if significant difficulties are encountered during the audit where assistance is needed to overcome the difficulties or if the difficulties may lead to a modified opinion, We will also communicate any internal control related matters that are required to be communicated under professional standards. We expect to begin our audit on approximately January 7, 2012. This information is intended solely for the use of the Mayer and Members of the City Council of City of Meridian, Idaho and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, Eide Bailly LLP CPAs & RUSINE5S ADVISORS September 13, 2012 Stacy Kilchenmann City of Meridian, Idaho 33 East Broadway Avenue Meridian, Idaho 83642 We are pleased to confirm our understanding of the services we are to provide City of Meridian, Idaho (the City) for the year ended September 30, 2012. We will audit the financial statements of the governmental activities, the business -type activities, the aggregate discretely presented component unit and the major fund which collectively comprise the basic financial statements, of the City as of and for the year ended September 30, 2012, Accounting standards generally accepted in the United States provide for certain required supplementary information (RST), such as management's discussion and analysis (MD&A), to supplement the City's basic financial statements, Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America, These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements, We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance, The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis, 2) Statements of Revenues, Expenditures and Changes in Fund Balances -• Budget and Actual General Fund. 3) Notes to Required Supplementary Information. Supplementary information other than RSI also accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole; 1) Schedule of Expenditures of Federal Awards. 2) Notes to Schedule of Expenditures of Federal Awards. 3) Statements of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual .., Capital Improvement Fund, 4) Statements of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual — Enterprise Fund. www.eideballly.com 877 W. Main St., Ste. 800 i liaise, ID 83702.5858 i T208.344,7150 i F208,344,7435 I EOE Audit Objectives The objective -of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. The objective also includes reporting on--- ® Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards, • Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Nun -Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of DMB Circular A-133, and will include tests of accounting records, a detennination of major programs in accordance with OMB Circular A -I33, and other procedures we consider necessary to enable.us to express such opinions and to render the required reports. If our opinions on the financial statements or the Single Audit compliance opinions are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. Management is also responsible for identifying government award programs and understanding and complying with the compliance requirements, and for preparation of the schedule of expenditures of federal awards in accordance with the requirements of OMB Circular A-133. You are responsible for making all management decisions and performing all management functions relating to the financial statements, schedule of expenditures of federal awards, and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter that you have reviewed and approved the financial statements, schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them, Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including internal controls over compliance, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met and that there is reasonable assurance that government programs are administered in compliance with compliance requirements. You are also responsible for the selection and application of accounting principles; for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business -type activities, the aggregate discretely presented component unit and the major fund of the City of Meridian, Idaho and (lie respective changes in financial position and, where applicable, cash flows in conformity with U.S, generalIy accepted accounting principles; and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded, Your responsibilities also include identifying significant vendor relationships in which the vendor has responsibility for program compliance and for the accuracy and completeness of that information, Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the representation Ietter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (l) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others, to addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, Agreements, and grants. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information, You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon, Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations, Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies, You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (t) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (d) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we wil I not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us, In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs, However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention, We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. We will include such matters in the reports rewired for a Single Audit, Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures --Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A-133, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and OMB Circular A-133. Audit Procedures ---Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of City of Meridian, Idaho's compliance with applicable laws and regulations and the Provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the 011B CircularA-133 Compliance Supplement and related addenda for the types of compliance requirements that could have a direct and material effect on each of City of Meridian, Idaho's major programs. The purpose of these procedures will be to express an opinion on City of Meridian, Idaho's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-133. Engagement Administration, Fees, and Other We may from time to time, and depending on the circumstances, use third -party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third -party service provider. Furthermore, we will remain responsible for the work provided by any such third -party service providers. We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings, It is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. If applicable, we will provide copies of our report for you to include with the reporting package you will submit to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. The audit documentation for this engagement is the property of Fide Bailly LLA and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to granting agencies or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We wili notify you of any such request, if requested, access to such audit documentation will be provided under the supervision of Bide Bailly LLP personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release or for any additional period requested by the United States Government Accountability Office. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ics) contesting the audit finding for guidance prior to destroying the audit documentation, We expect to begin our audit on approximately January 7, 2012. Kevin Smith is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed the base fee of 42,250 for the audit, in addition the three single audits will be charged at $3,500 each totaling $10,500. The fee is based on the assumption that three single audits will be required. Our fee for each additional federal program that requires a single audit will be $3,500. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Audifing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract, Our 2011 peer review report accompanies this letter. Dispute Resolution The following procedures shall be used to resolve any disagreement, controversy or claim that may arise out of any aspect of our services or relationship with you, including this engagement, for any reason ("Dispute")., Specifically, we agree to first mediate before pursuing any other legal remedies available. Mediation All Disputes between us shall first be submitted to non-binding mediation by written notice ("Mediation Notice") to the other party. In mediation, we will work with you to resolve any differences voluntarily with the aid of an impartial mediator. The mediator will be selected by mutual agreement, but if we cannot agree on a mediator, one shall be designated by the American Arbitration Association ("AAA"). The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the Dispute. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. Either party may commence other legal remedies on a Dispute after the mediator declares an impasse. If any Dispute has not been resolved within ninety (90) days after the written mediation notice, the mediation shall terminate and the Dispute will be settled by other legal remedies. We appreciate the opportunity to be of service to City of Meridian, Idaho and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. We appreciate the opportunity to be of service to City of Meridian, Idaho and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. EIDE BAILLY LLP Kevin Smith, Partner ACCEPTED BY: City of Meridian, Idaho. iolal �a, Signature Date System Review Report To the Partners of Eide Bailly LLP and the National Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Eide Bailly LLP (the firm) applicable to non -SEC issuers in effect for the year ended July 31, 2011. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Ccilified Public Accountants. The firm is responsible for designing a system, of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa,org/prsummary. As required by the standards, engagements selected for review included engagements performed under the Government Auditing Standar&, audits of employee benefit plans, and audits performed under FDICIA. In our opinion, the system of quality control for the accounting and auditing practice of Eide Bailly LLP applicable to non -SEC issuers in effect for the year ended July 31, 2011, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects, Firms can receive a rating of pass, pass with defrciency(ies) or fail, Eide Bailly LLP has received a peer review rating of pass, UXn t t Cherry, Bekaert & Holland, L.L.P, November 21, 2011 • • • oNV141110fictober .. b - M Approval of Agreement for "Parks and Recreation Maintenance Facility - Pre - Engineered Metal Building Construction" to Alpine Construction, Inc. for a Not -To - Exceed amount of $72,411.00 Fo-A A P P R z nu 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 : Max Jensen, Mike Barton, Jacy Jones Date: 9/24/12 Re: October 2 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 4t' City Council Consent Agenda. Approval of Award of Agreement for "Parks and Recreation Maintenance Facility — Pre -Engineered Metal Building Construction" to Alpine Construction, Inc. for a Not - To -Exceed amount of $72,411.00. This award is the result of negotiations with Alpine Construction, Inc., per Idaho State Statute 67-2805 (2)(e). There were no responses to the Formal IFB issued August 6, 2012. Recommended Council Action: Approval of Award Agreement to Alpine Construction, Inc. for a Not -To -Exceed amount of $72,411.00. Thank you for your consideration. 0 Page 1 ®. X4'0 -AIA Document Al Ttd - 2009 e re Standard Form ofAgreement Between Ownerand Contractor, Construction Manager as Adviser Edition Bid Package No. 17— Pre•Englneered Metal Building AGREEMENT made as of the Twentleth day of September In the year Two Thousand ADDITIONS AND DELETIONS: The author of this document has Twelve added information needed for its (fn words, Indicate day, month andyear,) completion. The author may also have revised the text of the original BETWEEN the Owner; AIA standard form, An Additions and (Name, legal statues, address and other Infor niation) Detetlons Repoli that notes added Information as well as revisions to the City of Meridian standard form text Is available from 33 East Broadway Avenue the author and should be reviewed. A Meridian, Idaho 83642 vertical line In the left margin of this document indicates where the author and the Contractor: has added necessary Information (Nance, legal status, address and other information) and where the author has added to or Alpine Construction, Inc, deleted from the original AIA text. PO Box 190025 This document has important regal Boise, Idaho 83719 consequences. Consultation with an Telephone Number: 208-323-9525 attorney Is encouraged with reap act Fax Number; 208-323.1895 to Its completion or modification, for the following Protect; This document is intended to be used (Name, location and detailed description) in conjunction with AIA Documents A2327m-2009, General Conditions of Meridian Parks & Recreation Maintenance Facility the Contract for Construction, 1700 East Lanark Street Construction Manager as Adviser Meridian, Idaho 83642 Edition; 13132TM-2009, Standard Dorm of Agreement Between owner and Architect, Construction Manager The Construction Manager: as Adviser Edition; and 0132Tm-2009, Standard Form of (Name, legal status, address and other hll'ormatlon) Agreement Between Owner and Construction Manager as Adviser, Kreizenbeek, LLC DBA Kreizenbeck Constructors, 11724 West Executive Drive AIA Document A2321m-2009 Is Boise, Idaho 83713 adopted in this document by Telephone Number; (208) 336-9500 reference. Do not use with other Fax Number: (208) 336-7444 general conditions unless this document Is modified. The Architect; (Natne, legal status, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number; (208) 338-9080 The Owner and Contractor agree as follows. AIA Document A132TM-2008 formorly A1011mCMa -19921, Copyright ®1976, 1890, 1992 and 2009 by The American Institute of Archkocts, All rights init, reserved, WARNING: This AIA Document Is protected by U,S, Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIAO Documont, or any portion of it, may result in covore civil and criminal penalties, and will be prosecuted to the maximum extent passible under t the law. This doeumentwas produced byAIA software at 11:97:03 on 09/2012012 under Order No.6907429000_1 which expires on 01117/2013, and is notfor resale. User Notes; (1097617017) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION T TERMINATION OR SUSPENSION a MISCELLANEOUS PROVISIONS a ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and Integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears In Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described In the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Did Requirements: Provide all labor, material, and equipment to complete work of design, furnishing and Installation of the Pre-Englueered metal building as noted in the construction documents and her the following: Division I — Genera) Requirements Section 079200 — Joint sealants** Section 133419 -- Metal Building Systems ** As applicable to this scope of work This contract specifically includes but is not limited to: • Provide all labor, material and equipment for the installation of the pre-engineered metal building which Includes structural Beaming, metal roofing, metal wall panels, metal soffit panels, thermal insulation, doors and ftmes, sectional door framed operdngs, and accessories In accordance with the construction documents. ® Provide engineered drawings to Construction Manager and calculations within 15 days of Notice to Proceed. ® Scope of the work remains the same for all bulldings identified in the construction documents. • Scope of work for alternates remains the same as base bid. (as applicable) This contract specifically excludes: 0 Building excavation and backftil. + Concrete foundations and slab on grade. • Sectional Overhead Doors AIA Document A132*0— 2009 formorly A101 wOmp �-1892). Copydghtm 1976.1980;1992 and 2009 by The American Institute of Architects. All fights init, rseorved. WARNING: This AIA � Document is protected by UA Copyright Low and International Troallos. Unauthorized reproduction or distribution of this Ale Document, or any portlon of It, may result In severe civil and criminal ponaltlee, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA soWare at 11:170 on 09/20/2012 under order No.5907428800 1 which expires on 0111712013, and Is not for resale. UsorNotes: (1097617017) ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner, (Insert the date ofcommencement, if it fifers from the date of this Agreement or, {f applicable, state that the date will be fixed in a notice to proceed) I The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' (lens and other security interests, the Owner's time requirement shall be as follows; § 3,2 The Contract Time shall be measured from the date of commencement, § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows; (Insert number of calendar days, Alternatively, a calendar date may be used when coordinated with the date of commencement, If appropriate, insert requirements far earlier Substantial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than May 30, 2013. Portion of the Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents, (insert provisions, if arty, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work,) in the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or %% of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion Is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Contract Time, ARTICLE 4 CONTRACT SUM § 4,1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box) ( X ] Stipulated Sum, in accordance with Section 4.2 below C ) Cost of the Work plus the Contractor's F'ee'without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ j Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4,3 or 4,4 below, Based on the selection above, also complete either Section 5.1.4, 5,1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Seventy -Two Thousand Four Hundred Eleven Dollars and Zero Cents ($ 72,411.00 ), subject to additions and deletions as provided in the Contract Documents, AIA DocumentA132ri' « 2009 formerly A101 CMO» 19921. Copyright ®1975,1900,1002 and 2009 by Tho American InsUtute ofArchitacts. All tights T — Init. reserved. WARNING: Thls AIA Documont to protected by V.S, Copyright Law and lntomational Tmatloo, Unauthorixod reproduction or distribution of thla Me Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent poesiblo under t the taw, This document was produced by AIA eoftwore at 19:17:03 on 09/20/2012 under order 140,600742000_1 which expires on 0111712013, and is not for resale. User Notes: (1097617017) Base Bid 1 $72,411.00 § 4.2.2 The Stipulated Sum is based on the following alternates, If any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other Identlfrcation of accepted alternates. /'the bidding or proposal documentspermit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule ofstrch other alternates showing the anrountfor each and the date when that amount expires.) I N/A § 413 Unit prices, if any: (Idents and state the unitprice, andstate the quantity limitations, if any, to which the unitprice will be. applicable) Item Units and Limitations Price per Unit ($0.00) § 414 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, tf arty, from the allowance price) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price § 4,31 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost of the Work, plus the Contractor's Fee. § 412 The Contractor's Fee: (State a honp stun, percentage of Cost of the Work or other provision for determining the Contractor's Fee) 4,13 The method of adjustment of the Contractor's Fee for changes in the Work: § 4,34 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work; § 4,3,5 Rental rates for Contractor -owned equipment shall not exceed percent ( o/a) of the standard rate paid at the place of the Project. § 4.3./3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price per unit ($0,00) § 4.3.7 The Contractor shall prepare and submit to the Construction Manager for the gutter, in writing, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of Exhibit A, Determination of the Cost of the Work, § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost ofthe Work, plus the Contractor's Fee, § 4.4,2 The Contractor's Fee; AIA Document A1321*A _ 2009 formerly A101 T" CMa -1992). Copyright W 1875,1980,1992 and 2009 by The American Insdtute of Architects. All rights Inst. reserved, WARNING: This AIA Documont Is protected by u,S. Copyright law and international Troatles, Unauthorizod reproduction or distribution of thle Al a Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum oxtent possible under t the law. This document was produced by AIA software at 11:17.03 on 09/20/2012 under Order No.59074299g0_1 which expiras on 01/1712010, and is not for resale. War Notes: (1097617017) (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee) § 4.4.3 The method of adjustment of the Contractor's Pee for changes in the Work: § 4,4.4 Limitations, ifany, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: § 4,4.5 Rental rates for Contractor -owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the Project. § 4.4.6 Unit Prices, if any, (Tdent{fy and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.4.7 Guaranteed Maximum price § 4.4.7.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed (� ), subject to additions and deductions by changes In the Work as provided in the Contract Documents, Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (insert specific provisions if the Contractor is to participate in any savings.) § 4.4.7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: § 4.4.7,3 Allowances included in the Guaranteed Maximum Price, if any: (identify and state the amounts of any allowances, and state whether they Include labor, materials, or both) Item Allowance § 4.4.7,4 Assumptions, if any, on which the Guaranteed Maximum Price Is based: ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 51,1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere In the Contract Documents. § 51.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: ATA Document A132T"— 2009 (;formerty A101'e1CMa-1992). Copyright ®i976,1980, 1982 and 2009 by Tho Amorloan InsUlule of Architeots. Aii rights reserved. WARNING: This AJA Document Is protected by u.5. Copyright Law and International Troatios, Unauthodzod reproduction or distributlon of this AJO Document, or any portion of It, may result In aevore civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AfA software at 11:17:03 on 09/20/2012 under Order No.6907428800 1 which expires on 01117/2013, and Is not for roaals. UaerNotoa: (1097617017) § 5.1,3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local latus may require payment within a certain period of time) § 5,1,4 Progress payments Where the Contract Sum Is Based on a Stipulated Sum § 5,1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved In writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved In writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment, § 6.1 -4,2 Applications for Payment shall show the percentage of completion of each portion ofthe Work as of the end of the period covered by the Application for Payment, § 5,1.4.$ Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum property allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %), Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in writing to advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents, § 5,1.4,4 The progress payment amount determined in accordance with Section 5.1.43 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent ( 95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified, § 5.1.4,6 Reduction or limitation of retainage, If any, shall be as follows: (If it is intended prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages Inserted in Sections 5.1.4.3.1 and 5.1,4.3,2 above, and this is not explained elsewhere in the Contract Documents, Insert here provlsionsfor such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. § 5.1,4,6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. AIA Document Al32ym — 2009 ffomreriy A101 TNCMa"1892), Copyright x+1975,1980, 1992 and 2000 by The American Institute of Atchlo tts. At rights Init.reserved. WARNING: This AIA" Document Is protected by U.S. Copyright Law and Internatlonal Treatise. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, may result In severe clvil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law, This document was produced by AIA sottwaro at 11:17:03 on 09/28/2012 under Order No.007428800„ 1 whloh expires on 0111712013, and Is not for resale. User Notes: (1097617017) § 6,1.6 Progress Payments Where the Contract Sum Is Based on the Cost of the Work without a Guaranteed Maximum Price § 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required in Exhibit A, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment, § 5.1,5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work; .2 Add the Contractor's Pee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work described in that Section at the rate stated In that Section; or if the Contractor's Fee is stated as a fixed sum, an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost ofthe Work upon its completion; .3 Subtract retainage of percent( %) from that portion of the Work that the Contractor self -performs; A Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and ,6 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or withdrawn a Certificate for Payment as provided in Section 9,5 of AIA Document A232Tu-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 5,1,5,4 The Owner, Construction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts In accordance with those agreements, § 5.1,6,5 in taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; that the Construction Manager and Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract, Such examinations, audits and verifications, ifrequired by the Owner, wi It be performed by the Owner's auditors acting in the sole interest of the Owner. § 5,1.6.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1,6 Progress Payments Where the Contract Sum Is Based on the Cost of the Work with a Guaranteed Maximum Price § 5.1.6,1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or Invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment, § 5.1.6,2 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its AIA Document A132TM — 2009 rrformeriy A101"'QMo —1992). Copyright 01875,1980, 1992 and 2009 by The American Instituto of Architects, All rights T (nit. room". WARNING: This AIA a Document Is protected by UA Copyright Law and International Troatlos, Unauthorized reproduction ordietributlon of this Ale Documont, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under tho law. Tills document was produced by AiA software at 11;17;03 on 09/20/2012 under order No.5907428800 1 which expires on ON1712013, and Is not for resale. Us or Notes; (1097017017) accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 6.1.6.3 Applications for Payment shall show the percentage of completion of each portion of the Work as of die end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or Intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values, § 5,1,6,4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 73. 10 of AIA. Document A232-2009; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent Incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4,2 or, if the Contractor's Pee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of percent( els) from that portion of the Work that die Contractor self -performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, If any, indicated by the Contractor In the doctunentation required by Section 5,1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Construction Manager or Architecthave withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A232--2009. § 5.1.6.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.6.6 In taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information flu -fished by the Contractor and shall not be deemed to represent that the Construction Manager or Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 5,1,6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account ofthe Contract. Such examinations, audits and verifications, ifrequired by the Owner, will be performed by the Owner's auditors acting in the sole Interest of the Owner. § 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 6,2 Final Payment § 6.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12,2 of AIA Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and AIA Document A132M— 2009 11formerly A1011'0ma — 1992). Copyright ®1976,1980, 1992 and 2099 by The American Institute of Architects. All rights telt. reserved. WARNING: Thla AIA Dooumont In protected by U,S, Copyright Low And Intornatlonal Treaties, Unauthodzod reproduction or distribution of this AIA' Document, or any portion of It, may result In severe civil and criminal penalties, and will be pr000cuted to the maximum extent possible under t tho law. This document was produced by AIA software at 11:17:03 on 09/20/2012 under Order No.6907428800_1 which expires on 01f171201a, and is not for resale. User Notool (1097617017) ,3 a final Certificate for Payment or Project cortificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows.- ARTICLE ollows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2449 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker, Wthe parties mutually agree, insert the name, address and other contact JVormation ofthe Initial Decision Maker, if other than the Architect) § 6,2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232=2009 as modified, the method of binding dispute resolution shall be as follows. (Check the appropriate box. {f the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation In a court ofoompetent furlsdiction) ( ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. JXJ Litigation in a court of competent jurisdiction. [ J Other:. (Spee(fy) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price § 7,2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009- § 712 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor's Pee computed upon the Cost ofthe Work to the date of termination at the rate stated In Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and ,3 Subtract the aggregate of previous payments made by the Owner. § 7.2.3 If the Owner terminates the Contract for cause when the Contract Sum Is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232-2009, the amount, if any, to be paid to the Contractor under Section 14.2.4 of ALA Document A232-2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2. § 7,2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the contractor that the Owner elects to retain and that is not otherwise included in the, Cost ofthe Work under Section 7.2,1, To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments init, AIA Document A132TM - 2009 formerly A101'NOMA _ 1992►. Copydaht 0 1976, 1900,1992 and 2009 by The American Institute of Architects, All dghta resarvod, WARNING: This AW � document is protected by U.3. Cepyright Law and Intornattonal Treattoa, unauthorized reproduction orgrit poorlbutlon a thmum ext e Ale law, This docutnt, or as anyportion f it, m soHware at 11:170 68"It in severe fonl 09!20 2012 unand criminal der order N 6907428and will be 800 1 which htexpires a0 the n 01/17!2013 and Isnot for dor t (10@7017017) resale. User Note$; referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. § 7.2.6 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232--2009; in such case, the Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A232-2009, except that the term 'profit' shall be understood to mean the Contractor's Fee as described in Sections 4.3.2 and 4.4.2 of this Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Decurrent A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, jf'arpl) 314 of 1% per month § 8.3 The Owner's representative: (Name, address and other information) Keith Watts, Purchasing Manager City of Meridian Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642 § 8,4 The Contractor's representative: (Name, address and other information) Michael R. Salyer PO Box 190025 Boise, Idaho 83719 Telephone Number: 208-323-9525 Fax Number: 208-323-1895 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below, I§ 91.1 The Agreement is this executed AIA Document Al 32-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition, I§ 9,1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9,1.3 The Supplementary and other Conditions of the Contract: [nit AIA Document A132"" — 2009 tformorly A101 Y"CMa _ 1892). Copyright ®1978, 198o,1992 and 2009 by The American Institute of Architect$. All rights mserva$. WAf2NING: This NA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution Of this AIA Document, or any portion or it, may result In novnre civil and odminal penaltlea, and will he prosecuted to the maximum oxtont possible under �® t the taw, This documentwas produced by AIA software at 11:17:03 on 09/20/2012 under order No.6907d28800_1 which expires on 0111712013, and is notior resale. (1097617017) Ueor Notost Document Title Date Exhibit A Contract Document Schedule 8/23/2012 § 9AA The Specifications: (Either list the Specifications herre or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9,1.5 The Drawings: (Dither list the Drmvings here or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9.1.6 The Addenda, if any: Number One Two Date Pages 8/10/2012 24 8/17/2012 432 Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9, § 9,1.7 Additional documents, if any, forming pant of the Contract Documents are: .1 AIA Document A132TK--2009, Exhibit A, Determination of the Cost of the Work, if applicable, .2 ATA Document E201TM 2007, Digital Data Protocol Exhibit, if completed, or the following: NIA AIA Document E202Tm-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: NIA Other documents, ifany, listed below: (List here otW additional documents which are intended to form part of the Contract Documents. AIA Document A232 2009 provides that bidding requirements such as advertisement or invitation to bit, Instructions to Bid(krs, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement, They should be listed here only tf intended to be part of the Contract Documents.) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I 1 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article I 1 "Insurance and Bonds". Contractor is required to provide 100% Payment and Performance Bonds. (State bonding requirements, tf any, and limits of liabilityfor insurance required in Article I1 ofAM Document A232-2009,) init AIA 000umont AMw —2009 iformerly A101 TaCINa --1992), Copyright ®1076, 1980,1992 and 2009 by The American Institute of Architects. All rights reserved, WARNING: Thio AIA Document I9 protected by U.s. Copyright Law and International Trealloa. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result In severe civil and criminal panaitles, and will be prosecuted to the maximum extent possible under 1 t the law. This document was produced by AIA software at 11;17;03 on 00/20/2012 under Order N0907428800_1 which expires on 01N7/2013, and is not for resale. 1097017017 User Notow ! % Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) This Agreement is entered into as of the day and year first written above. 7 CONTRACTOR (Si ature) OWNER (Signa Tammy de Weerd , Mayor (Printed name and title) Michael R Salyer (Printed name and title) Init. AlA Document A132TM — 2009 Vformerly A101 TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:17:03 on 09/20/2012 under Order No.5907428800_t which expires on 01/17/2013, and is not for resale. User Notes: (1097617017) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) Meriidian Parka & Recreation Maintenance Facility 1700 East !Lanark Street Meridian, Idaho 83842 ICC PROJECT NO. 12-021 August 2$, 2012 PROJECT DOCUMENTS as issued by insight Architects and prepared by the following project team: Architect — Insight Architects Structural Engineer —AHJ Engineers Mechanical and Plumbing Engineer — Musgrove Engineering, P.A. Electrical Engineer — DC Engineering Civil Engineer — Erickson Civil Landscape Architect — South landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders. — Part 1, Complete — Dated July 30, 2012 Project Manual Part 2, Complete — Dated July 30, 2012 ADDENDA Addendum No, One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) COVER — Dated 71 '12012 A0,1 Cover Sheat ARCHITECTURAL SITE PLAN. --D ed 7131 20'12 A1.0 Site Plan A1,1 Site Details CIVIL — Dated 7/30/2012 C1.0 Cover Sheet / Notes C1.1 Topographic & Control Survey C2.0 Grading & Drainage Plan — Overall C2.1 Grading & Drainage Plan — Area 1 C2.2 Grading & Drainage Plan -- Area 2 023 Roadway Plan & Profile — E. Lanark $t, 02.4 Roadway Plan & Profile — E. Nola Rd. 0310 Site Utility Plan C3.1 Sewer Pian & Profile 03,2 Gravity Irrigation Plan & Profile C4,0 Site & Grading Details 04.1 Site, Drainage, and Irrigation Details C4.2 Irrigation Details C4.3 City of Meridian Standard Details —1 04,4 City of Meridian Standard Details —2 C5.0 Stormwater Pollution Prevention Plan --1 05.1 Stormwater Pollution Prevention Pian — 2 LANDSCAPE — Dated 731/2012 or as indicated below 1-1.0 Landscape Cover Sheet L2.0 Landscape Plan L2.1 Landscape Plan L3.0 landscape Plan (dated 7118/2012) L31 Irrigation Plan (dated 7/1812012) L4,0 Irrigation Details (dated 7/18/2012) ARCHITECTURAL — Datecf.7/3'l/2012 BLD —A A2.0A overall Floor Plan A2.1A Floor Plan Office / Shop A A2.2A Floor Plan Shop B & C A2.3A Floor Pian Shop D A3.0A Reflected Ceiling Plan A4.0A Roof Plan A5,0A Exterior Elevations A6.0A Building Sections Meridian Parks & Recreation Maintenance Faclilty August 23, 2012 Page 1 of 2 A6.1A Wall Sections A6.2A Wall Sections 1 Details A7.OA interior Elevations / Details A8.0 DoorNVIndow Schedule & Details A9,0 Detalls/Energy Compliance BLD — B A2.08 Floor/Roof Pians A3.01B Exterior Elevations BLU —C A2.00 Floor/Roof Plans AMC Exterior Elevations / Sections A3,1C Wall Sections / Details BLD — D A2.0D Floor/Roof Plans A3A0 Exterior Elevations / Sections SiRUCI'URAL -- Dated 713112012 S1,0 Structural General Notes $1.1 Special inspections S2,0A Foundation Plan Bid A $2.08 Foundatlon Plan Bid B S2,OC Foundation / Roof Framing Pian Bid C S2.0D Foundation / Roof Framing Plan Bid D 83,0A Roof Framing Plan Bid A S4,0 Structural Details — Foundation 55.0 Structural Details — Framing MECHANICAL -Dated 7/30/2012 M01.0 Mechanical Cover MG1.1 Mechanical Energy Compliance M1,0 HVAC Plan-- Main Building M1,1 HVAC Plan-- Building C M2.0 HVAC Details M3,0 HVAC Schedules PLUMBING -- Dated 7/30/2012 P1.0 Plumbing Pian— Building A P1,1 Plumbing Plan—Building C P2,0 Plumbing Details P3,0 Plumbing Schedules ELEC7RICAL.— Dated 7/30/2012 50,0 Electrical Cover Sheet EO,1 Site Electrical Plan EO.2 Electrical Roof Plan R1.0 Power Plan — Building A E1.1 Power Plans -- Building 8, C, & D E2,0 Lighting Pian — Building A E2,1 Lighting Plans - Building B, C, & D E3.0 One Line Diagram and Panel Schedules E4.0 Lighting Controls & Compliance Meridian Parka & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 meridian City Council Meeting DATE: October 2, 2012 . ITEM NUMBER: Approval of IDScan.net End User License Agreement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes ncc►r r F►A►AL ACTION This End User License Agreement constitutes a valid and binding agreement ("Agreement") between you ("Licensee") and Wizz Systems, LLC ("Licensor'), for the use of IDScan.NetTm Software Development Kit ("SDK") provided to Licensee by Licensor. By installing the SDK, Licensee agrees to be bound by the terms of this Agreement. Licensee understands that this Agreement is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act) and hereby waives any rights or requirements under any laws or regulations in any jurisdiction that require an original (non -electronic) signature or delivery or retention of non -electronic records, to the extent permitted under applicable mandatory law. Licensee understands and agrees Licensee's installation and/our use of either of both the SDK is subject to terms of this Agreement as follows: 1. LICENSE GRANTED: Licensor grants Licensee a non-exclusive, non -transferable, non -sub -licensable, fully revocable, limited use license to Install and use this SDK solely and exclusively for Licensee's personal and/or professional use. Licensee may incorporate the SDK into 1 (one) application created by Licensee and may distribute no more than 150 (one hundred and fifty) number of copies of such application in OBJECT CODE FORM ONLY. Licensor reserves any right not expressly granted to the Licensee. In return for this grant, Licensee agrees that Licensee is solely responsible for Licensee's use of the SDK, any breach of Licensee's obligations under this Agreement, and for the consequences of any such breach. Licensee understands that all updates and upgrades to the SDK are subject to this Agreement. Licensor may also offer a Free Trial license under the terms of this Agreement for either or both of the SDK allowing for use of the SDK and/or specific functionality free of charge for a specified time period. Upon expiration of such time period, access to the SDK and/or specific functionality will be terminated unless Licensee purchases a paid license for same. Licensor has no duty to provide Free Trial licenses and has no liability to Licensee if Licensee cannot use the SDK and/or functionality contemplated or if the specified period for such Free Trial license is shortened. Licensor may stop offering Free Trial licenses at any time without notice or liability to Licensee at Licensor's sole discretion. LIMITATIONS ON USE: Licensee, including any third party acting on Licensee's behalf, is restricted from any actions not explicitly granted by this Agreement, including, but not limited to, the following actions: A. Licensee shall not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the SDK source code, or any portion thereof, of the SDK. B. Licensee shall not undertake, cause, permit or authorize the translation, reverse engineering, de -compiling, disassembling or hacking of object -code portions of the SDK. C. Licensee shall not attempt to create any competing product for the SDK. D. Licensee shall not use the SDK in any manner that is in violation of local, state, federal, or international laws. E. Licensee shall not use the SDK in any manner that could interfere with another party's use and enjoyment of the SDK. 3. RESELLER LICENSE: Licensee may sell/rebrand the SDK if Licensor approves Licensee and Licensee executes a separate reseller license agreement. 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If the user of these SDK is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the SDK, including technical data or manuals, is restricted by the terms, conditions and covenants contained in these Terms and Conditions. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the SDK is further restricted by this Agreement. 7. RIGHT TO AUDIT: Licensor reserves the right to audit Licensee's use of the SDK for compliance with this Agreement. Initials: Date: a IDScan.netTm END USER LICENSE AGREEMENT 8. EXPORT RESTRICTIONS: The SDK may be subject to export controls or restrictions of the United States, or other countries or territories. Licensee agrees to comply with all applicable United States and international export laws and regulations. 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Licensee may terminate this Agreement by the removal of the SDK from Licensee's computer in its entirety. Licensee's rights under this Agreement automatically and immediately terminate without notice from Licensor should Licensee fail to comply with any provision of this Agreement. In the event of termination, Licensee's computer in its entirety. Licensee shall also remove the SDK from any applications using the SDK as created by Licensee and cease use and distribution of any applications Licensee has created using the SDK. 13, GENERAL TERMS AND CONDITIONS: This Agreement constitutes the entire understanding between Licensee and Licensor relating to the SDK and governs Licensee's use of the SDK, completely replacing any prior or contemporaneous agreements between Licensee and Licensor regarding the SDK. The failure of Licensor to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision, which will still be available to Licensor. Should any provision of this Agreement be deemed invalid or unenforceable by a court of law, either in its entirety or in a particular application, the remainder of this Agreement still remains in full force and effect. Licensor Is allowed to at its sole discretion assign this Agreement or any rights hereunder to any affiliate of Licensor, without giving prior notice to Licensee; Licensee may not assign its rights and duties under this Agreement. The laws of the State of Louisiana in the United States shall govern this Agreement without regard to its conflict of laws provisions. Licensee consents to the exclusive jurisdiction of the courts located within the City of Metairie, Louisiana, in the United States to resolve any legal matter arising from this Agreement. Notwithstanding this, Licensee agrees that Licensor will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. BY INSTALLING AND/OR USING THE SDK, LICENSEE EXPRESSLY UNDERSTANDS THAT LICENSEE HAS READ THIS AGREEMENT; UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS CONTAINED WITHIN; AND EXPRESSLY CONSENTS TO BE BOUND BY IT. Copyright (C) 2011-2012 Wizz Systems, LLC d.b.a IDScan.net. Licensee Signature Licensee Name Gl t�N CompanyName Date / L Initials. Date: V a October NUMBER: ITEM TITLE: Canterbury Commons Findings of Fact, Conclusions of Law for Approval: PP 12-005 Canterbury Commons by Heartland Homes, LLC Located at South Side of W. Pine Avenue, East of N. Ten Mile Road Request: Preliminary Plat Approval of 107 Residential Lots and 12 Common Lots on 21.45 Acres in an Existing R-15 Zone Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 011.1i• • DATE: October 1 PROJECT NUMBER: MDA 12-002 ITEM TITLE: Canterbury Commons Findings of Fact, Conclusions of Law for Approval: MDA 12-002 Canterbury Commons by Heartland Homes, LLC Located South Side of W. Pine Avenue, East of N. Ten Mile Road Request: Amend the Recorded Development Agreement (Inst. #106187188) for the Purpose of Removing Certain DA Provisions That Are No Longer Applicable AND Adding New DA Provisions Relevant to the Proposed Canterbury Commons Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ITEM TITLE: Olson & Bush Findings of Fact, Conclusions of Law for Approval: AZ 12-003 Olson & Bush by Ronald Van Auker Located at 2950 E. Franklin Road Request: Annexation and Zoning a Total of 7.2 Acres of Land to the C -G (1.41 Acres) and I -L (5.78 Acres) Zoning Districts MEETING NOTES - , APRON- fflfl�- z X71 s F�- n I Mg � Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1111 ic 1 • • - - •, October 2, 2012NUMBER: ITEM TITLE: Paramount East Findings of Fact, Conclusions of Law for Approval: RZ 12-001 Paramount East by Brighton Development Located West Side of Meridian Road, Between W. Producer Drive and E. McMillan Road Request: Rezone of 12.47 Acres of Land from the L -O (Limited Office) Zone to the R-8 (Medium Density Residential) Zone • F.I. F-1 F-_qj__-r 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: October 2, 2012 ITEM NUMBER: 5L ITEM TITLE: Paramount East Findings of Fact, Conclusions of Law for Approval: PP 12-002 Paramount East by Brighton Development Located West Side of Meridian Road, Between W. Producer Drive and E. McMillan Road Request: Preliminary Plat Approval of 46 Residential Lots and Six (6) Common Lots on 12.90 Acres in a Proposed R-8 Zone MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS D October 1 ►l ITEM TITLE: TM Crossing Findings of Fact, Conclusions of Law for Approval: AZ 12-005 TM Crossing by Brighton Investments, LLC, Steven Smith and CRS10 Located Northeast Corner of 1-84 and S. Ten Mile Road Request: Annexation and Zoning of 89.22 Acres of Land from the RUT Zoning District to the C -G (General Retail & Service Commercial) Zoning District Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 111 11 • • • W' October 2, 20121 ITEM TITLE: TM Crossing Findings of Fact, Conclusions of Law for Approval: PP 12-003 TM Crossing by Brighton Investments, LLC, Steven Smith and CRS 10 Located Northeast Corner of 1-84 and S. Ten Mile Road Request: Preliminary Plat Approval of 50 Commercial Building MEETING NOTES Community Item/Presentations Presenter Contact Info./(Votes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: October1 0 ._, Resolution No. Id-" : CPAM 12-003 Olson & Bush by Ronald W. Van Auker Located at 2950 E. Franklin Road Request: Amend the Comprehensive Plan Future Land Use Map Designation on 5.66 +/- Acres of Land From Commercial to Industrial MEETING NOTES �L A' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 10/03/12 01:00 PM DEPUTY Bonnie Oberbillig III Ilillllllllil�ll�lll�llllllll II III RECORDED -REQUEST OF Meridian City 1121024:1.4 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 5.66 ACRES KNOWN AS THE OLSON BUSH PROPERTY LOCATED AT 2950 E. FRANKLIN ROAD, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 5.66 acres of land from Commercial to Industrial. Said land is known as the Olson Bush and is located at the 2950 E. Franklin Road, Meridian, Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — OLSON BUSH CPAM 12-003— Page 1 of 2 SECTION 2. EFFECTIVE DATE. 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 2 day of 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2012. APPROVED: Mayor Ta de Weerd IL�DAU, ATTEST: �$Go"4o cGST �'oW 9 City of By: C E h�IAN Jaycee , Holman, City ClericSEAL T R k COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — OLSON BUSH CPAM 12-003— Page 2 of 2 A. Adopted & Proposed Future Land Use Map l�� 111111111111111 111111, 1:piiiiji� 111111 111111111111111111 111111111111c,1111 r • DATE: ••e2012 ITEM NUMBER: 5P ITEM TITLE: Paramount East Resolution No. ?- 04 : CPAM 12-002 Paramount East by Brighton Development Located West Side of Meridian Road, Between W. Producer Drive and E. McMillan Road Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on Approximately 12.90 Acres of Land from Office to Medium Density Residential (MDR) • A 'gat�71aE P V-1 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AOctober NUMBER: W ITEM TITLE: TM Crossing Resolution No. LO - CPAM 12-001 TM Crossing by Brighton Investments LLC, Steven Smith and CRS10 Located Northeast Corner of 1-84 and S. Ten Mile Road Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 75.5 Acres of Land from LC (Lifestyle Center), MHDR (Medium High Density Residential) and HDE (High Density Employment) to Commercial MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 10/03/12 01:00 PM DEPUTY Bonnie Oberbillig III II'I'IIIII��IIIIII�I'll'�'II�) I �II RECORDED -REQUEST OF Meridian City 11 102432 CITY OF MERIDIAN RESOLUTION NO. �)'_06 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 75.5 ACRES KNOWN AS THE TM CROSSING PROPERTY LOCATED AT THE NORTHEAST CORNER OF N. TEN MILE ROAD AND INTERSTATE 84, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 75.5 acres of land from LC (Lifestyle Center), MHDR (Medium High Density Residential), and HDE (High Density Employment) to Commercial. Said land is known as the TM Crossing Property and is located at the Northeast Corner of N. Ten Mile Road and Interstate 84, Meridian, Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — TM CROSSING CPAM 12-001— Page 1 of 2 SECTION 2. EFFECTIVE DATE. 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 2—day of C Gee , 2012. /APPROVED by the Mayor of the City of Meridian, Idaho, this ' ff-d day of 2012. ATTE' IM APPROVED: Mayor Ta de Weerd Jaycee COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — TM CROSSING CPAM 12-001— Page 2 of 2 Exhibit A. Adopted & Proposed FLUM AOctober, • Items Moved From Consent Agenda Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS UMIMMI • •< • ••-suffm MENDUArl I LTRI► ITEM TITLE: South Meridian Public Hearing: CPAT 12-001 South Meridian by Meridian Community Development Department Request: Amend the Text of the City of Meridian Comprehensive Plan Which Includes the Following: 1) Changes to the 2010 Existing Conditions Report; 2) The Addition of the Airport -Overland Road Extensions; 3) Changes to the Ten Mile Specific Area Plan (T 1ISAP); and 4) Miscellaneous Text Changes to the Comprehensive Plan % Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS A 11 October1 ITEM TITLE: South Meridian Public Hearing: CPAM 12-004 South Meridian by Meridian Community Development Department Request: Amend the Future Land Use Map (FLUM) to Designate Future Land Uses AND Amend the Area of City Impact (AOCI) in South Meridian MEETING NOTES 3 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE October 2, 2012 ITEM # 7AB PROJECT NUMBER CPAT 12-001 / CPAM 12-004 PROJECT NAME South Meridian PLEASE PRINT NAME FOR AGAINST NEUTRAL L I O � � m . - , � w . � � ` . #. - .. a ■ « .. ■ .0 : • \ . - y ) . � . . . • i \ < ■ ■ «, dcp a � «a ~ - » ^ #. t ■ ^ « �. ^ 1 - © _ � ) cr : ■ ) • .. / \ ■ \ • « � 5a g � � �. � 0 M. }yf \ ... } m _ cn : «� CD CL w. m � m \/ m .� IMILII °� `` ce r®m a L", c d06 v v M MCDLy ERMOTTRD ami k 3 r v m z�9 Ao* IN 0 IN ax Ea 0 q 0 14) 0 L> At w . v - J � « . 4 . t .. *+ � f a . . . �. ~ 4 # � » -� °« , . . w a . .. # � � . # x . . . « , . � . e x - a � 4 - J . : � 4 / �) \ \ n $ © m 2 \ . �!y £ mm m m m/ 2(/@ m g \ § \ } ®/ m 2// m m a 2@ 3 0 k C ) « [ OL } ® \ \ } 4 } (\ ¥ \ % D */) ) o m§ © ] # / / / \ k } e /\ 2 , A ( ƒ ( \ } / �) \ \ n $ © m 2 \ . �!y £ mm m m m/ 2(/@ m g \ § \ } 7 < 2 ° / Q. 0 k C ) « [ OL } / n J \ } $ a / ) ] # / } �) rye mui d F T 1l rye z Or to I 8 iD O rp Q 0 1.4 n O zizi J r m tL m N T7 'Q "-'" 4 (ft L O O O - C cs N O o � N � a 7 « o 6 - fnS. C G rh a. .fir S O rG�p, 0 '. La CO 11 N L]. W EL �° ( T U a rn tp a 0 a to IL d- 19 G n `tr 0 rt ori M rte' fG r s Q O O p' 6 40 lCT 0.O -y ko nj i7 C} ti s (1 0 C 3a C n ' z Or to I 8 iD O rp Q 0 1.4 n O zizi J r I I I \� �� `N � ®. �� (\ (}} �)( /E ƒ/ jR sP i 3z ; jj� tF a El 4 �I �1 VV V a u �e, F.3 m�}in� �oaa„ re e 0gAa1ga�','2oj M '84�"Z n o',oa'a -M 6 ° -L'a 3 d 55 Hal a o ° 8 0 o f» iS, M 1 F � � � °, � rt ro " ie 3u' g a a � o � N ro eS O u o In C � O c g a l una .. ° o R G'� b� aMal -aal°cam= 3 3 S 3 a D3 sP i 3z ; jj� tF a El 4 �I �1 r' IMP P-4 m d H i) • • • DATE: October 2, 2012 ITEM TITLE: Sgroi Public Hearing: MDA 12-005 Sgroi by Nunzio Sgroi Located at 4405 E. Ustick Road Request for a Modification to the Existing Development Agreement to Allow the Development of Single -Family Residential Homes on the Site MEETING NOTES g R UD 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEE-If DATE October 2, 2012 ITEM # 7C PROJECT NUMBER MDA 12-005 PROJECT NAME Sgroi PLEASE PRINT NAME FOR AGAINST NEUTRAL xa& Nv, 0/0 -s Dd - ( I A LL Lj Wxut f2,C _7 E 'C -A"', 4 c • /P IIIMZE= D' October1 Public Hearing: Update to City Clerk's Fee Schedule MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITE' OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 7:00 p.m. on Tuesday, October 2, 2012, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding adoption of the City Cleric's Office Fee Schedule, as set forth below. Further information regarding the proposed fee schedule is on file in the City Cleric's Office at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho and is available for inspection during business hours. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials should be submitted to the City Clerk no later than seven (7) days prior to the above hearing date. All testimony and materials presented at public meetings shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public hearing. Proposed Citv Clerk's Office Fee Schedule: Beer license — retail $50.00 Beer license — by the drink, $200.00 Wine license — retail $200.00 Wine license — by the drink $200.00 Liquor license — by the drink $562.50 Alcohol catering permit $20.00 Liquor/beer/wine license transfer $100.00 Citizen's Use Permit $50.00 Dog license — neutered $16.00 Dog license — non -neutered $21.00 Lost dog tag replacement $5.00 Fireworks Display Permit $125.00 Retail Sales of Non -Aerial Common Fireworks Permit $25.00 Temporary Use Permit — Special Event/Outdoor Market (in a park) $150.00 Temporary Use Permit — Special Event/Outdoor Market (not in a park) $85.00 Temporary Use Permit — Promotional Sales Unit $65.00 Temporary Use Permit — Temporary Sales Unit $65.00 Temporary Use Permit — Subdivision Model Home or Subdivision Real Estate Sales Office $65.00 Temporary Use Permit — Temporary Indoor Event $100.00 Mobile Sales Unit License $75.00 Pawnbroker License without Precious Metal Dealer Endorsement — Renewal $30.00 Pawnbroker License without Precious Metal Dealer Endorsement — New $65.00 Pawnbroker License with Precious Metal Dealer Endorsement — Renewal $30.00 Pawnbroker License with Precious Metal Dealer Endorsement — New $65.00 Precious Metal Dealer License — New $65.00 Precious Metal Dealer License — Renewal $30.00 Massage Therapy License $50.00 Private Security Services License $65.00 Paper copies of public record information 0-100 pages: No Charge 101 or more pages: $0.10/page Attorney labor to redact nonpublic records Hours 1 and 2: No charge Hours 3 and up: $29.56/hour Other labor to respond to public records request Hours 1 and 2: No charge Hours 3 and up: $24.00/hour CD or DVD with public record information $1.00 each Thumb drive with public record information $7.50 each NSF check fee $20.00 DATED this 14th day of September, 2012. PUBLISH on September 17, 2012 and Sep Page 2 of 2 CITY OF MERIDIAN CITY • PUBLIC HEARING SIGN-UP SHEET DATE October 2, 2012 PROJECT NAME Update to City Clerk's Fee Schedule PLEASE_PRINT E FOR AGAINST NEUTRAL AL-, Resolution No. /,-), `�7(p : Adopting Fee Schedule of the Meridian City Clerk's Office: Authorizing the Clerk's Office to Collect Such Fees; and Providing an Effective Date ITEETING NOTES pr r 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.jk BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE THE MERIDIAN CITY CLERK'S OFFICE; AUTHORIZING THE CLERK'S OFFICE TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on October 2, 2012, the City Council of Meridian held a hearing on the adoption of the proposed Meridian City Cleric's Office Fee Schedule as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian City Clerk's Office; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian City Cleric's Office, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the City Cleric's Office is hereby authorized to implement and carry out the collection of said fees. 2012. Section 3. That this Resolution shall be in full force and effect on October 3, 2012. ADOPTED by the City Council of the City of Meridian, Idaho this 2nd day of October, APPROVED by the Mayor of the City of Meridian, Idaho, this 2nd day of October, 2012. APPROVED: : 2 " Z4, e/, C-16 Tammy eerd, Mayor eOVII 1 SP CP A -,City of SpA, r c T R ST: City Clerk- ADOPTION lerk ADOPTION OF MERIDIAN CITY CLERK'S OFFICE FEE SCHEDULE PAGE 1 OF 2 Exhibit A FEE SCHEDULE OF THE MERIDIAN CITY CLERIC'S OFFICE Beer license — retail $50.00 Beer license;- by the drink $200.00 Wine license — retail $200.00 Wine license —by the drink $200,00 Liquor license — by the drink $562.50 Alcohol catering permit $20.00 Liquor/beer/wine license transfer $100.00 Citizen's Use Permit $50.00 Dog license — neutered $16.00 Do license'—non-neutered $21,00 Lost dog tag replacement $5.00 Fireworks Display Permit $125.00 Retail Sales of Non -Aerial Common Fireworks Permit $25.00 Temporary Use Permit — Special Event/Outdoor MarketI $85.00 (not in a Dark) Temporary Use Permit — Temporary Sales Unit 1 $65.00 1 Temporary Use Permit — Temporary Indoor Event $100.00 Mobile Sales Unit License $75,00 Pawnbroker License without Precious Metal Dealer Endorsement — $30.00 Renewal Pawnbroker License with Precious Metal Dealer Endorsement —I $30.00 Renewal Precious Metal Dealer License — New $65.00 Precious Metal Dealer License — Renewal $30:00 Massage Therapy License $50.00 Private Security Services License'' $65.00 Paper copies of public record information 0-100 pages: No charge 101 or more pages: $0.10/page Other labor to respond to public records request Hours 1 and 2: No chargeHours 3 and up: $24.00/hour CD or DVD with tblic record information " $1.00 each Thumb drive with public record information $7.50 each ADOPTION OF MERIDIAN CITY CLERIC'S OFFICE FEE SCHEDULE PAGE 2 OF 2 October/NUMBER: 7F Public Hearing: Proposed Right of Way Property Disposition for 1700 W Lanark to Ada County Highway District by 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 NOTICE OF PUBLIC HEARING Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba NOTICE IS HERBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, October 2, 2012, for the purpose of reviewing and considering a proposed disposition of real property located at 1700 E. Lanark Street, in the City of Meridian. The proposed transaction would convey certain real property to the Ada County Highway District without compensation for right-of-way purposes to widen the corner of E. Lanark Street and N. Nola Road, and to widen the turnaround at the terminus of N. Nola Road. For further information, please contact the City Clerks Office at 888-4433. DATED this 12th day of September, 2012, Jaycee e Holman, City Publish Date: 17th of September, 2012 n UGpsT J O� zc®Ali® SEAL. n ti sir �e �g0�the TR6f,S�T'0 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE October 1 PROJECT NAME Property Disposition for 170 W Lanark to ACHD PLEASE PRINT NAME FOR AGAINST NEUTRAL ,4 CD ._� DATE: October 2, 2012 ITEM NUMBER: 7 206111140M H1111 Tki D-1143 Ordinance No. /5 s Authorizing the Conveyance of Real Property to Ada County Highway District (ACHD) for Right -of -Way Purposes MEETING NOTES U }r, 51 F --j .� - Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS t "_� NMCV, 00-1 m5 CITY OF MERIDIAN ORDINANCE NO. / - /5 -30 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT LOCATED AT 1700 E. LANARK STREET, A PORTION OF ADA COUNTY PARCEL NUMBER S1108336013 LOCATED IN THE SW 1/a OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE PURCHASE AGREEMENT, DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest, the Council may by Ordinance duly enacted, authorize the transfer or conveyance of the real property to any tax supported governmental entity without compensation; and, WHEREAS, the proposed transaction would convey approximately 1,569 square feet of real property to the Ada County Highway District for right-of-way purposes; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on October 2, 2012 and at the conclusion of said hearing, the City Council moved to approve the conveyance, subject to certain terms and conditions, and directed staff to bring forth this Ordinance authorizing the conveyance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a public hearing on the proposed conveyance was held at the October 2, 2012 meeting of the Meridian City Council. Section 2. That the City Council determined after the public hearing that the proposed conveyance is in the City's best interest and that the property is currently underutilized and should be transferred without compensation. ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 1 of 2 Section 3. That the City Council has reviewed and approved the Warranty Deed attached hereto and incorporated herein. Section 4. That the Mayor and City Clerk shall be authorized to execute and attest the Purchase Agreement, deed, and any other documents necessary to complete the conveyance authorized by this Ordinance. Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. he Ci Council of the Ci of Meridian, Idaho, this .2..-,qday PASSED by t City City of OC+60 , 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this 211 day of ATTEST: APPROVED: MAYOR(/ �4D0TUD AUGUST w _tp ,r City of /L E IDIAN�_ � IDAHO G SEAL v daTRFh% ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 2 MCZC-.12-046 Meridian Parks Maintenance Facility R/W Parcel No.: S1108336013 T3NRIESEC 08 WARRANTY DEED (Reserved for Ada County Recorder) THIS INDENTURE, made this day of 2012, City of Meridian, an Idaho Municipal Corporation, the "GRANTOR". and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, Improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO general taxes and assessments for the current 'year which are not yet due and payable, easements of record or obvious on a physical inspection of the Premises, any recorded reservation of oil and/or mineral rights and covenants of record. Subject to those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, Its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, Its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever, The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 Warranty Deed, page 1 (10/27/01) S.\DSRBVIEW12-commercialM]2\moiidian\mCZC-12-046 1700 K Lanark St. Meridian Parks Maintenance FaciHty\MCZC-12- 046_wann"ty-wMo Ex B or title, search.doo Garden City, Idaho 83714-6499 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by and on behalf of the GRANTOR, the day, month and year herein first above written. GRANTOR Tammy de Weerd, Mayor Attested: City Clerk STATE OF IDAHO ) } ss. County of Ada } ON THIS day of , 2012, before me a Notary Public in and for said State, personally appeared Tammy de Weerd, known to me to be the Mayor and Jaycee L. Holman, City Clerk of the City of Meridian, the municipal corporation that executed and attested the within 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. My Notary Commission Expires Notary Public for Idaho Residing at , Idaho The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACRD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Warranty Deed, page 2 (10/27/01) S;1DSREVIEW\2.CommcrcitA\2012\Meridian\MCZGI2.046 170013. Lanark St. Meridian Parks Maintenance Facility\MCZC-12- 046_warmnty-w-o Lex R or title search.doc Legal Description Meridian Parks Maintenance Facility -- Right -of -Way A parcel being located in the SW Y4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southwest corner of said SW Y4, from which a brass cap monument marking the northwest corner of said SW '/4 bears N 0°26'11" E a distance of 2650.93 feet; Thence N 0"26'11" E along the westerly boundary of said SW Y4 a distance of 735.27 feet to a 5/8 inch diameter iron pin marking the intersection of E, Lanark Street and N. Locust Grove Road; Thence S 89°33'53" E along the centerline of said E. Lanark Street a distance of 624.67 feet to a point; Thence leaving said centerline N 0°27'36" E a distance of 29,00 feet to a 5/8 inch diameter iron pin on the northerly right-of-way of said E. Lanark Street and the POINT OF BEGINNING; Thence N 89033'53" W along said northerly right-of-way a distance of 23.48 feet to a point; Thence leaving said northerly right-of-way N 45038'14" E a distance of 33.10 feet to a point on the westerly right-of-way of N. Nola Road; Thence N 0°27'36" E along said westerly right-of-way a distance of 117.51 feet to a point; Thence leaving said right-of-way N 22°36'54" W a distance of 9,80 feet to a point; Thence a distance of 9.83 feet along the arc of a 23.00 foot radius curve left, said curve having a central angle of 24029'02" and a long chord bearing N 3405125" W a distance of 9.75 feet to a point; Thence a distance of 117.04 feet along the arc of a 55,50 foot radius curve right, said curve having a central angle of 120°49'52" and a long chord bearing N 13019'00" E a distance of 96.53 feet to a point; Thence S 0027'36" W a distance of 12.19 feet to a 5/8 inch diameter Iron pin on the westerly right-of-way of said N. Nola Road; Thence along said westerly right-of-way a distance of 85.07 feet along the arc of a 44.00 foot radius curve left, said curve having a central angle of 100046'47" and a long chord bearing S 13°45'00" W a distance of 72.43 feet to a 5/8 Inch diameter iron pin; Thence continuing along said westerly right-of-way a distance of 13,23 feet along the arc of a 18.00 foot radius curve right, said curve having a central angle of 42006'12" and a long chord bearing S 20°36'00" E a distance of 12.93 feet to a 5/8 inch diameter iron pin; Thence continuing along said westerly right-of-way S 0"27'36" W a distance of 157.17 feet to the POINT OF BEGINNING. i I yonng Meridian Parks Job No. 11-80 surveying and Consu¢Ing Page 1 of 2 This parcel contains 1569 square feet and is subject to any other easements existing or in use. Clinton W, Hansen, PLS o\ANL LANpS Land Solutions, PC �� `s i p Revised: September 13, 2012 11118 Ny� F OF 5 �T4NW.NP� Meridian Parks Job No, 11.80 ��-"eland Surveylns and Con:ullMq Page 2 of 2 \�rJ rn BASIS OF BEARING N 0'26'11" E N LOCUST GROVE RD, 2G50.9J' 1915.6fi' 00 Vy r w 735,27' BASIS OF BEARING N 0'26'11" E N LOCUST GROVE RD, 2G50.9J' 1915.6fi' 0 Vy I 'sk I aN>L, �I o C`•i I ? l,r FS � r �� Nr, 2 W <�S rrn m W mt Na �' 2 0; (HT1 wzzZm > m G "n o o V) Z t*1 a r '; � 3x r s m 9 z c� 0 N 0'27'36" E r ..-. C \ 117,81' C,3 \ 7'36" W 157,17 V0 7 36" w Nf7L22 7T _� [ 0 Lan 'sk I aN>L, a C4 o p c Lo 9 z c� 0 N 0'27'36" E r ..-. C \ 117,81' C,3 \ 7'36" W 157,17 V0 7 36" w Nf7L22 7T _� [ DATE: October 2,2012 ITEM NUMBER: 8A Mayor's Office: Resolution No. A� v &i� : A Resolution of the Mayor and the City Council of the City of Meridian, Reappointing Matthew Adams to Seat 4, Steve Elliot to Seat 7 and Appointing Treg Bernt to Seat 5 and Spencer Martin to Seat 6 of the Meridian Impact Fee Advisory Committee MEETING NOTES 136 P R .. .. _ ..�.. 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. Id - 8%n BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, RE -APPOINTING MATT ADAMS TO SEAT 4, STEVE ELLIOT TO SEAT 7 AND APPOINTING TREG BERNT TO SEAT 5 AND REAPPOINTING SPENCER MARTIN TO SEAT 6 OF THE MERIDIAN IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 06-1255, on September 5, 2006, amending Title 10, Chapter 7 to the Meridian City Code and thereby created the Meridian Impact Fee Advisory Committee; and WHEREAS, that Resolution No. 10-740 passed on September 7, 2010 further established the members and terms of appointments for the Meridian Impact Fee Advisory Committee; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to re -appoint Matt Adams to Seat 4 of the Meridian Impact Fee Advisory Committee; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to re -appoint Steve Elliot to Seat 7 of the Meridian Impact Fee Advisory Committee; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint Treg Bernt to Seat 5 of the Meridian Impact Fee Advisory Committee; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint Spencer Martin to Seat 6 of the Meridian Impact Fee Advisory Committee; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Matt Adams is hereby re -appointed to Seat 4 of the Meridian Impact Fee Advisory Committee for a three year term to run through September 30, 2015; RESOLUTION FOR APPOINTMENT OF MERIDIAN IMPACT FEE ADVISORY COMMITTEE MEMBERS - 1 of 2 Section 2. That Steve Elliot is hereby re -appointed to Seat 7 of the Meridian Impact Fee Advisory Committee for a three year term to run through September 30, 2015; Section 3. That Treg Bernt is hereby appointed to Seat 5 of the Meridian Impact Fee Advisory Committee for a three year term to run through September 30, 2015; Section 4. That Spencer Martin is hereby appointed to Seat 6 of the Meridian Impact Fee Advisory Committee for a three year term to run through September 30, 2015; Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. C. 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 'say of ( 2012. APPROVED: Mayo y de Weerd ATTEST: Go44��ta rt nus,- City of By Jayce , . Holman, City Cleric SEAQ u�be TIIEAS��'0 RESOLUTION FOR APPOINTMENT OF MERIDIAN IMPACT FEE ADVISORY COMMITTEE MEMBERS - 2 of 2 11111111111111111 Ill • . • • October1 Legal Department: Solid Waste Advisory Commission (SWAC) Recommendation on the Renewal of the Solid Waste Franchise Agreement with Republic Services for FY 2013 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: The Mayor and City Council, City of Meridian From: Nancy Mann, Chairman, Solid Waste Advisory Commission (SWAC) Date: September 26, 2012 Re: SWAC Recommendation on the Renewal of the Solid Waste Franchise Agreement with Republic Services for FY2013 Purpose: Per City Council instructions, the Solid Waste Advisory Commission has completed its review of SSC/Republic Service's performance during FY2012 in order to make a recommendation whether or not to approve the automatic renewal beginning October 1, 2012 of the Franchise Agreement with Republic Services for FY2013. While conducting the current review, SWAC relied upon its firsthand experience working with SSC/Republic Services on a variety of matters this past year, and the following information: 2011 SSC Annual Report, 2012 First and Second Quarter Reports, and various input from the community as outlined below. Findings: 1. City Council approved the assignment of the City's Franchise Agreement with SSC to Republic Services on March 13, 2012 (Resolution 12-844). The assignment took effect on April 1, 2012. Republic Services has worked closely with City officials, SWAC, pertinent City staff, and the community to assure seamless continuity of solid waste services. 2. Recycling continues to be a hot topic for residential and commercial customers and enterprises. There were a total of 18,970 co -mingled recycling carts in use by Meridian residents at the end of 2011. All of the major recycling programs in Meridian showed increases in volume during 2011. During the first two quarters in 2012, there was an impressive increase in volume of collected commercial recyclables compared to the same period in 2011 (see attached Reports for supporting data). 3. Republic Services returned $38,982.09 of residential recycling revenue to the City in FYI with a total of $97,092.74 since the program was re -launched in 2011. 4. Republic Services agreed to return a portion of its commercial recycling revenue using the same formula as the residential recycling revenue program for recycled materials collected from the recently installed permanent recycling containers at Settler's Park. In addition to performing its contracted duties, Republic has participated at every SWAC meeting, and has also participated on the SWAC committee tasked with drafting a commercial recycling exception to City's Solid Waste Ordinance (and exclusive Solid Waste Franchise Agreement) in order to balance competing interests of independent commercial recycling services within the City limits. Republic's participation in the process has been vital to the committee's work. 6. In response to customer input, the Fall Leaf collection program was increased by one week to three weeks and a total of 854.1 tons of leaves were collected. Republic has confirmed that the Fall Leaf collection program will continue as a permanent three week program without cost to customers. SWAC Recommendation on Renewal of Solid Waste Franchise Agreement with Republic Services 7. Republic has kept SWAC informed of changes occurring at the Ada County landfill which may have an impact on rates in the near future (installation of scales, Dynamis project). Conclusion: Republic has provided services in addition to its contracted duties and responsibilities and performed them above and beyond the manner and standard prescribed in the Agreement. Recommendation to Approve Automatic Renewal: Yes No Nancy Mann /V- Karie Glenn Mollie Mangeric Robert Corrie _ Jeff Townsend Steve Cory,Ee Andrea Pogue It Cheryl Caldwell I Youth Seat (vacant) SWAC Recommendation on Renewal of Solid Waste Franchise Agreement with 2 Republic Services f1TiDlll � ; , ►�`Illll�`I To: Members of the Meridian City Council: Mr. David Zaremba, President Mr. Brad Hoaglun, Vice President Mr. Keith Bird Mr. Charlie Roundtree Members of the Meridian Solid Waste Advisory Commission From: Republic Services Subject: Summary of Solid Waste Collection and Recycling, First Quarter, 2012 Date: July 13th, 2012 Introduction In the spirit of enhancing local recycling options and improving air quality in the Treasure Valley, Sanitary Services and Republic Services merged teams on April 1, 2012. With rising diesel costs and environmental concerns about air quality, Sanitary Services has been considering converting the Meridian fleet to compressed natural gas (CNG). Republic and SSC had both been exploring the possibility of building a recycling facility capable of separating and baling the Valley's single -stream recyclables in Idaho. Recyclables currently collected in the Treasure Valley are baled and shipped out of state for processing. Republic and SSC are both committed to offering cost effective, environmentally sound trash and recycling services. With Republic's compressed natural gas fueling infrastructure (located in Boise and Nampa) and SSC's freeway -close site with approved industrial zoning which is perfect for Idaho's first Material Recovery Facility (MRF), blending teams and facilities made sense. The new Idaho MRF will be located at the current Sanitary Services site which is central to the Valley. Construction will take approximately a year and a minimum of 15 permanent jobs will be created once the facility is complete. The new recycling facility will have viewing capabilities for educational purposes and public visits. We are excited about the possibilities ahead and are prepared to continue offering exceptional service to Meridian businesses, residents and staff. Residential 'Trash Collection During the first quarter of 2012, SSC/Republic Services collected 7,777 tons of trash from Meridian City residential routes. This is an increase of 41 % from the first quarter of 2011. Residential Curbside recycling The following items are accepted for curbside recycling in Meridian: mixed waste paper, phone directories, corrugated cardboard, magazines, catalogs, aluminum, tin cans, newspaper, plastic containers, tubs, jugs, and clamshells. Meridian residents diverted 1,001 tons of recycling materials from the landfill during the first quarter of 2012. This is an increase of 4.5% from 2011, Meridian remains the second largest recycling municipality in the Treasure Valley. Used Oil recycling Curbside collection of used motor oil was first offered to Meridian residents in May of 1999, and used cooking oil was added to the program in July of 2006. Meridian is the only city in the Treasure Valley to offer used cooking oil recycling to its residents. During the first quarter of 2012, residents recycled 1,082 gallons of used oil collected from approximately 601 residents. Household Hazardous Waste Collection The Meridian Household Hazardous Waste (HHW) collection site, located in the SSC parking lot, is the busiest mobile collection site in Ada County. Meridian residents can drop off their HHW between noon and 7:00 pm every Monday except major holidays. The first quarter collection numbers for 2012 decreased by 16% from the first quarter of 2011, collecting 12 tons. The Meridian mobile collection site serviced 1,084 homes during the first quarter of 2012, and decrease of 9% from first quarter of 2011. Roll Off Refuse Collection Roll off services are provided to permanent accounts that have compactors or roll off boxes, and temporary accounts that utilize mini roll off boxes (6, 8, and 10 cubic yard boxes) or our larger 20, 30, or 40 cubic yard boxes. The SSC/Republic Services roll off system collected 4,377 tons of waste during the first quarter of 2012, saw a 7% increase from first quarter of 2011. First Quarter Roll Off Collection Comparison MAMM Compact 2,211 2,475 Demolition 1,508 1,612 Loose 280 290 SSC/Republic Services diverts several items from the landfill via our roll off program. During the first quarter of 2012, there were 491 tons of materials recycled via the roll off program rather than taken to the landfill. First Quarter Roll Off Diversion Comparison ltcmnd� 201.1 c�ns?Tcsw> Cardboard 375 375 Wood 16 18 Paper 22 23 Gypsum 68 0 Plastic Bottles 12 20 Metal 0 8, Trees 9 16 Republic Services Transfer Station Collection The SSC/Republic Services transfer station accepts waste from commercial trucks, residential trucks, roll off trucks, mini roll off trucks, and public vehicles. The waste collected at the transfer station is taken to the Ada County Landfill for disposal. There were 12,312 tons of waste compacted at the transfer station during the first quarter of 2012, and increase of 1.5% from the first quarter of 2011. In addition to solid waste drop off, SSC/Republic Services provides recycling opportunities for several items at our transfer station. During the first quarter of 2012, there were 364 tons of materials recycled via the SSC/Republic Services transfer station rather than taken to the landfill. First Quarter Transfer Station Diversion Comparison Commercial Collection SSC/Republic Services provides collection to each commercial business in Meridian at least once a week. Our front load trucks collected 4,824 tons of waste during the first quarter of 2012, which is an increase of 5% from the first quarter of 2011. SSC/Republic Services offers commercial co -mingled recycling utilizing 95 -gallon carts for small businesses, and specialized 5—yard containers for larger businesses. Numerous businesses and every school within Meridian City limits participate in this successful recycling program. Items that can be recycled in this recycling program include: newspapers, corrugated cardboard, magazines, catalogs, aluminum, tin cans, mixed waste paper, and plastic containers. During the first quarter of 2012, there were 449 tons of co -mingled recyclables collected from Meridian businesses, resulting in an impressive 67% increase from the first quarter of 2011. Wood 174 87 Grass 0 0 Rock 75 105 Metal 41 50 Tires 0 70 Cardboard 13 33 Carpet Pad 6 0 Christmas Trees 5 7 Appliances 1 0 a� L101-52 14�M Commercial Collection SSC/Republic Services provides collection to each commercial business in Meridian at least once a week. Our front load trucks collected 4,824 tons of waste during the first quarter of 2012, which is an increase of 5% from the first quarter of 2011. SSC/Republic Services offers commercial co -mingled recycling utilizing 95 -gallon carts for small businesses, and specialized 5—yard containers for larger businesses. Numerous businesses and every school within Meridian City limits participate in this successful recycling program. Items that can be recycled in this recycling program include: newspapers, corrugated cardboard, magazines, catalogs, aluminum, tin cans, mixed waste paper, and plastic containers. During the first quarter of 2012, there were 449 tons of co -mingled recyclables collected from Meridian businesses, resulting in an impressive 67% increase from the first quarter of 2011. To: Members of the Meridian City Council: Mr. David Zaremba, President Mr. Brad Hoaglun, Vice President Mr. Keith Bird Mr. Charlie Roundtree Members of the Meridian Solid Waste Advisory Commission From: Republic Set -vices Subject: Summary of Solid Waste Collection and Recycling, Second Quarter, 2012 Date: July 13t', 2012 Introduction In the spirit of enhancing local recycling options and improving air quality in the Treasure Valley, Sanitary Services and Republic Services merged teams on April 1, 2012. With rising diesel costs and environmental concerns about air quality, Sanitary Services has been considering converting the Meridian fleet to compressed natural gas (CNG). Republic and SSC had both been exploring the possibility of building a recycling facility capable of separating and baling the Valley's single -stream recyclables in Idaho. Recyclables currently collected in the Treasure Valley are baled and shipped out of state for processing. Republic and SSC are both committed to offering cost effective, environmentally sound trash and recycling services. With Republic's compressed natural gas fueling infrastructure (located in Boise and Nampa) and SSC's freeway -close site with approved industrial zoning which is perfect for Idaho's first Material Recovery Facility (MRF), blending teams and facilities made sense. The new Idaho MRF will be located at the current Sanitary Services site which is central to the Valley. Construction will take approximately a year and a minimum of 15 permanent jobs will be created once the facility is complete. The new recycling facility will have viewing capabilities for educational purposes and public visits. We are excited about the possibilities ahead and are prepared to continue offering exceptional service to Meridian businesses, residents and staff. Residential 'Trash Collection During the second quarter of 2012, SSC/Republic Services collected 7,330 tons of trash from Meridian City residential routes. This is an increase of 12% from the second quarter of 2011. The entire Treasure Valley saw an increase in waste during the spring months as the area experienced heavy rains resulting in additional heavy yard waste. Residential Curbside Recycling The following items are accepted for curbside recycling in Meridian: mixed waste paper, phone directories, corrugated cardboard, magazines, catalogs, aluminum, tin cans, newspaper, plastic containers, tubs, jugs, and clamshells. Meridian residents diverted 964 tons of recycling materials from the landfill during the second quarter of 2012. This is a slight decrease of 4% from 2011, but Meridian remains the second largest recycling municipality in the Treasure Valley. Used Oil Recycling Curbside collection of used motor oil was first offered to Meridian residents in May of 1999, and used cooking oil was added to the program in July of 2006. Meridian is the only city in the Treasure Valley to offer used cooking oil recycling to its residents. During the second quarter of 2012, residents recycled 1,288 gallons of used oil collected from approximately 716 residents. Household Hazardous Waste Collection The Meridian Household Hazardous Waste (HHW) collection site, located in the SSC parking lot, is the busiest mobile collection site in Ada County. Meridian residents can drop off their HHW between noon and 7:00 pm every Monday except major holidays. The second quarter collection numbers for 2012 increased by 13% from the second quarter of 2011, collecting 24 tons. The number of participating homes also continued to increase. The Meridian mobile collection site serviced 1,829 homes during the second quarter of 2012, and increase of 31 % from second quarter of 2011. Roll Off refuse Collection Roll off services are provided to permanent accounts that have compactors or roll off boxes, and temporary accounts that utilize mini roll off boxes (6, 8, and 10 cubic yard boxes) or our larger 20, 30, or 40 cubic yard boxes. The SSC/Republic Services roll off system collected 4,218 tons of waste during the second quarter of 2012, a 3% decrease from second quarter 2011, and the second consecutive drop dating back to second quarter 2010. Second Quarter Roll Off Collection Comparison Com act 1,886 2,188 Demolition 2,124 15699 Loose 355 330 SSC/Republic Services diverts several items from the landfill via our roll off program. During the second quarter of 2012, there were 411 tons of materials recycled via the roll off program rather than taken to the landfill. Second Quarter Roll Off Diversion Comparison Comrnedi x.-,-`" 2011'To�s �_ .20�� Tors:. Cardboard 396 206 Rock 15 3 Wood 10 184 Paper 23 9 Gypsum 30 0 Plastic Bottles 23 3 Metal 8 6 Republic Services Transfer Station Collection The SSC/Republic Services transfer station accepts waste from commercial trucks, residential trucks, roll off trucks, mini roll off trucks, and public vehicles. The waste collected at the transfer station is taken to the Ada County Landfill for disposal. There were 19, 414 tons of waste compacted at the transfer station during the second quarter of 2012, and increase of 8% from the second quarter of 2011. In addition to solid waste drop off, SSC/Republic Services provides recycling opportunities for several items at our transfer station. During the second quarter of 2012, there were 379 tons of materials recycled via the SSC/Republic Services transfer station rather than taken to the landfill. Second Quarter Transfer Station Diversion Comparison Commercial Collection SSC/Republic Services provides collection to each commercial business in Meridian at least once a week. Our front load trucks collected 4,424 tons of waste during the second quarter of 2012, which is a slight increase of 1% from the second quarter of 2011. SSC/Republic Services offers commercial co -mingled recycling utilizing 95 -gallon carts for small businesses, and specialized 5—yard containers for larger businesses. Numerous businesses and every school within Meridian City limits participate in this successful recycling program. Items that can be recycled in this recycling program include: newspapers, corrugated cardboard, magazines, catalogs, aluminum, tin cans, mixed waste paper, and plastic containers. During the second quarter of 2012, there were 318 tons of co -mingled recyclables collected from Meridian businesses. This is an increase of 15% from the second quarter of 2011. Wood 355 289 Grass 100 0 Rock 330 90 Metal 63 0 Cardboard 38 0 Carpet Pad 12 0 Tires 5 4 Refrigeration Units 1 0 Commercial Collection SSC/Republic Services provides collection to each commercial business in Meridian at least once a week. Our front load trucks collected 4,424 tons of waste during the second quarter of 2012, which is a slight increase of 1% from the second quarter of 2011. SSC/Republic Services offers commercial co -mingled recycling utilizing 95 -gallon carts for small businesses, and specialized 5—yard containers for larger businesses. Numerous businesses and every school within Meridian City limits participate in this successful recycling program. Items that can be recycled in this recycling program include: newspapers, corrugated cardboard, magazines, catalogs, aluminum, tin cans, mixed waste paper, and plastic containers. During the second quarter of 2012, there were 318 tons of co -mingled recyclables collected from Meridian businesses. This is an increase of 15% from the second quarter of 2011. Sanitary Services Company, Inc. 2011 Annual Report to the City of Meridian Prepared For: Mayor Tammy de Weerd Councilperson David Zaremba, President Councilperson Brad Hoaglun, Vice President Councilperson Keith Bird Councilperson Charlie Rountree Table of Contents Executive Summary Waste Stream Overview Waste Generation Rates Residential Collection Commercial Collection Roll Off Refuse Collection SSC Transfer Station Recvcline Services Residential Recycling Services Commercial Recycling Services Roll Off Recycling Services SSC Transfer Station Recycling Services Public Outreach Efforts Community Involvement Sharps Container Program Safety and Compliance SSC Fleet and Maintenance Community Support Future Solid Waste Management Issues 1 2 2 2 3 3 4 5 5 _S 9 _9 10 12 12 13 14 15 16 Executive Summary Sanitary Services Company (SSC) is dedicated to providing reliable solid waste collection; innovative recycling and waste reduction programs; quality customer service; valuable public outreach and education efforts; and strong community involvement to the areas we service. The SSC Annual Report for 2011 outlines solid waste statistics for the City of Meridian in 2011, discusses progress made during the year, addresses community involvement issues, and presents ideas for new programs and initiatives for 2012. The year 2011 had many successes for Sanitary Services Company and the City of Meridian: • There were a total of 30,710 wheeled trash carts and 18,970 co -mingled recycling carts in use by Meridian residents at the end of the year. • Recycling efforts of customers participating in the curbside recycling program diverted 16.2 percent of the residential waste stream in 2011. • SSC re -designed the look of our recycling trucks to make them easier to identify in the community. The trucks are now stickered with recycling symbols, a co -mingled recycling cart, and items accepted in the curbside recycling program. • Anew front load truck was added to our commercial fleet in August. • There were 120 new requests from customers asking to be placed on our email distribution list in 2011. The total number of list serve members at the end of the year was 462, and increase of 17.6% from 2010. • SSC created a Facebook page, added more pages to our website, and downloaded videos onto YouTube to provide more ways to reach our customers. Changes in the waste stream in 2011 included: • Approximately 69,600.0 tons of waste was generated in Meridian, a decrease of 14.5 percent from 2010. • There was a decrease in volume of solid waste generation in all three waste streams. Residential waste decreased by 30.5%, roll off waste volumes saw a decrease of 1.8%, and commercial waste volumes decreased by 9.1% from 2010. • All of the major recycling programs in Meridian showed increases in volume during 2011. Residential curbside recycling increased by. 12.6 percent, commercial recycling increased by 1.2 percent, roll off diversion increased by 11.2 percent, and recycling volumes at the SSC Transfer Station increased by 16.9 percent from 2010. • Nearly 70.5 tons of Household Hazardous Waste (HHW) was collected at the Meridian mobile collection location in 2011, a 5.9% decrease from 2010. More than 5,200 households used the Meridian location to drop off HHW in 2011, a decrease of slightly less than 5.5% from 2010. 1 Waste Stream Overview The total amount of waste generated in Meridian during 2011 was 69,602.8 tons, a 14.5% decrease over 2010. Here is a comparison of waste streams between 2010 and 2011: Year, Residential Commercial Roll O:ff Recycling* Total Tons 2010 35,339.4 19,743.2 16,945.1 9,351.1 81,378.8 2011. 24;556.1.: 17,949.8 16,636.0 10,460.9 69,602'. *Includes figures for residential, commercial, transfer station, and SSC shop recycling efforts Waste Generation Rates Meridian residents generated 24,556.1 tons of household waste during 2011, which equates to 5.4 pounds of trash generated per house per day, and 1.8 pounds of residential waste generated per person per day. For comparison, EPA states that the national average for waste generation after recycling is 2.9 pounds per person per day. The decrease in residential trash generation is most likely due to the change from an unlimited to a limited trash collection system. Meridian's voluntary curbside recycling program may also have had an impact on the decline in residential waste disposal. The curbside recycling program is discussed later in this report. Residential Collection Trash collection in Meridian is fully automated. Residents choose between 35 -gallon, 65 -gallon, or 95 -gallon wheeled carts and pay according to the container size. SSC collected 24,556.1 tons of household trash in 2011, a decrease of 30.5 percent from 2010. The automated collection system makes residents more accountable for the amount of trash they dispose of, and encourages them to participate in the voluntary curbside recycling program, which is provided at no additional charge. Wheeled cart usage since the program began in July of 2010: Year 35 Gallon Carts . 65 Galton Casts 95=Gatt6"n Carts . : 2010 1,044 3,309 24,646 2011 1,012 3,585 26,113 2 Commercial Collection Sanitary Services Company provides collection to each commercial business in Meridian a minimum of one time per week. The frequency of collection and the container size are determined by the specific waste generation characteristics of each business. During 2011, 17,949.8 tons of commercial waste collected with SSC front load trucks. This amount represents a decrease of 9.1 percent from 2010. Roll Off Refuse Collection Roll off services are provided to permanent accounts that have compactors or roll off boxes, and temporary accounts that utilize 20, 30, or 40 cubic yard boxes. "Mini" roll off boxes (6, 8, and 10 cubic yard boxes) are also part of the roll off system, and allow customers more choices to fit their collection needs. Temporary containers are typically used for construction debris during home and/or business building or renovation. The amount of waste generated in the roll off system is directly related to the amount of construction activity in Meridian. During 2011, there was a decrease in construction activity in Meridian. The total weight hauled by our roll off trucks in 2011 was 16,636.0 tons, a decrease of 1.8% from 2010. The breakdown of material sent to the landfill from the roll off system in 2011 is as follows: • Compacted materials totaled 7,382.3 tons, a decrease of 19.2% from 2010. • Demolition materials totaled 8,219.8 tons, an increase of 23.9% from 2010. • Loose materials totaled 1,033.9 tons, a decrease of 12.1% from 2010. 3 SSC Transfer Station SSC finished construction of our 12,000 square foot transfer station in March of 2006. Our fleet brings Meridian's trash to the enclosed facility where it is compacted, and later hauled to the Ada County landfill. For a small fee, businesses and residents can dispose of household waste, construction debris, tires, commercial waste, and some recyclables. Several types of traffic accessed our transfer station in 2011 including mini roll off trucks, commercial trucks, residential trash trucks, public vehicles, and roll off trucks. SSC Transfer Station Traffic - 2011 (Cubic yards per vehicle type) Mini Roll Off Residential Commercial Public Vehicles Roll Off Nearly 63,480.0 tons of compacted trash was hauled from the SSC Transfer Station to the Ada County landfill in 2011, an increase of 12.3 percent over 2010. This amount included waste from the surrounding area that SSC does not service, including Kuna and unincorporated Ada County. SSC accepts a number of commodities for recycling at our transfer station. Diversion figures for the transfer station are discussed later in this.report. El Recycling Services Recycling services are provided to residential and commercial customers throughout the year. The following commodity weights were diverted from the landfill in 2011: Commodity - Waste Stream Weight (Tons] Co -Mingled Curbside Recycling Residential 3,975.2 Corrugated Cardboard Commercial & Transfer Station 1,731.5 Wood Waste Commercial & Transfer Station 1,109.0 Co -Mingled Business Recycling Commercial 1,058.2 Fall Leaf Collection Residential & Transfer Station 854.1 Rock Commercial & Transfer Station 796.5 Scrap Metal Commercial & Transfer Station 288.7 Grass Transfer Station 162.4 Gypsum (Sheet Rock) Commercial 150.0 Plastic Bottles Commercial 95.9 Paper Commercial 78.5 Household Hazardous Waste Residential 70.5 Carpet Pad Transfer Station 42.1 Used Motor and Cooking Oil. Residential & SSC Shop 22.9 Christmas Trees Residential 13.1 Tires Transfer Station 9.2 Refrigeration Units Transfer Station 2.6 Antifreeze SSC Shop 0.5 Total 10;460'9 Residential Recycling All of the curbside recycling programs throughout Ada County accept the following items: Mixed waste paper (including telephone books), corrugated cardboard, magazines and catalogs, aluminum and tin cans, newspaper, and all numbers of plastic bottles, tubs, jugs (including lids) and clamshells. Every residential customer in Meridian has access to curbside recycling services as part of their basic collection services. The curbside recycling program is voluntary, and there is no penalty to residents who do not to participate. Curbside Co -Mingled Recycling Collection The Meridian curbside recycling program began in October of 2000. Participants were required to sort their recyclables into three paper bags and place them in a 15 -gallon recycle bin. In Mid -October of 2009, the curbside recycling program changed to an automated, co -mingled system that did not require participants to sort the materials. Participants have their choice of 35 -gallon, 65 -gallon, or 95 -gallon co -mingled recycling carts. 5 Recycling collection takes place on a bi-weekly system where residents are designated by "A" and "B" week collection. Participation in the co -mingled recycling program continues to increase: The Meridian curbside recycling program diverted •16.2 percent of the residential waste stream in 2011. The weight of material collected in the residential curbside recycling program was 3,975.2 tons, an increase of 12.6 percent from 2010. Since October of 2000, approximately 37,525.2 tons of recyclable waste has been diverted from the landfill through the Meridian curbside recycling program. Household Hazardous Waste Collection Program Sanitary Services Company contracts with PSC of Houston, Texas to conduct household hazardous waste (HHW) collection events in the SSC parking lot. Since this program began in 1999, approximately 502.0 tons of HHW have been collected at the Meridian collection site. Collections occur every Monday (except major holidays) from 12:00 noon until 7:00 pm, enabling residents to drop off items around their work schedules. Meridian offers residents more collection days per month than any other drop off site in Ada County. There were 70.5 tons of HHW collected at the Meridian location in 2011, which represented a 5.9 percent decrease from 2010. More than 5,200 households utilized the Meridian mobile collection location in 2011, a decrease from 2010 of just under 5.5 percent. The following table shows how the HHW program has changed over the past five years: Year 2007-- =65=Gallon:Carts , „ 95-Gallari Carts. 2010 301 3,922 12,596 2011 344 4,096 14,530 The Meridian curbside recycling program diverted •16.2 percent of the residential waste stream in 2011. The weight of material collected in the residential curbside recycling program was 3,975.2 tons, an increase of 12.6 percent from 2010. Since October of 2000, approximately 37,525.2 tons of recyclable waste has been diverted from the landfill through the Meridian curbside recycling program. Household Hazardous Waste Collection Program Sanitary Services Company contracts with PSC of Houston, Texas to conduct household hazardous waste (HHW) collection events in the SSC parking lot. Since this program began in 1999, approximately 502.0 tons of HHW have been collected at the Meridian collection site. Collections occur every Monday (except major holidays) from 12:00 noon until 7:00 pm, enabling residents to drop off items around their work schedules. Meridian offers residents more collection days per month than any other drop off site in Ada County. There were 70.5 tons of HHW collected at the Meridian location in 2011, which represented a 5.9 percent decrease from 2010. More than 5,200 households utilized the Meridian mobile collection location in 2011, a decrease from 2010 of just under 5.5 percent. The following table shows how the HHW program has changed over the past five years: Year 2007-- 2008, 2009 Tons Collected 64.1 77.7 73.1 74.9 70.5 of Households . 2,558 3148 , 4,135: 5,533. 5,230 Special at-home collection of household hazardous waste is available to elderly and physically challenged residents who are unable to transport their household hazardous waste themselves and do not have access to assistance from others to transport their hazardous waste to an established collection site. SSC would like to recognize the Ada County Commissioners for donating all of the disposal costs. for the HHW that was collected. Without this donation, the cost of the program would probably be too prohibitive to conduct. D Used Oil Collection Meridian residents can place up to 2 gallons of used cooking and/or motor oil at the curb per week to be collected for recycling. Residential customers with more than 2 gallons of used oil can bring it directly to SSC for recycling. Meridian is the only city in the Treasure Valley that offers used cooking oil recycling to its residents. The oil is collected in a waste tank on our residential collection trucks. The oil is brought back to SSC and used to heat our shop in cold months. In warm months, the oil is collected for recycling by Gem State Oil. In 2011, 5,729 gallons of used motor and cooking oil was collected for recycling from residential customers, which was a slight decrease of 0.7% from 2010. Meridian residents have recycled more than 80,000 gallons of used oil since the program began in October of 2000. Fall Leaf Recycling Fall leaf collection was offered to Meridian residents from f October 31 to November 18. During this time, customers could place brush, branches, and leaves at the curb on their collection day for no additional charge. Meridian residents could also bring their leaves to the SSC Transfer Station free of charge during the month of November. The leaves were taken to the Ada County landfill, where they were ground into compost. The landfill did not charge a disposal fee for this material. Christmas Tree Recycling SSC collected Christmas trees for recycling curbside from January 3 — 21. Due to the popularity of this program, the collection period was extended from two weeks to three. This service was provided at no additional charge to Meridian residential trash customers. Residents could also bring their Christmas trees to the SSC Transfer Station free of charge from December 27 to January 31. The trees were taken to the Ada County landfill and processed for use in landscaping. Ada County did not charge a disposal fee for this program. 7 Compost Bins Sanitary Services Company partnered with Norseman Environmental Products, a nationwide distributer of "Earth Machine" compost bins made from recycled plastic. These bins are available for purchase to residents who want to recycle their organic material, cut down on the amount of waste they throw away, and keep materials out of the landfill. The compost bins have been very popular with our customers, and hundreds of bins have been sold since SSC first began offering them for sale at our facility in 2004. Cans for Cash The City of Meridian participated in the nationwide "Cans for Cash" City Recycling Challenge for the seventh year in a row. Meridian was competing with cities of similar size throughout the nation for one of two $5,000 awards. The prize money is used by the winners to promote recycling within their community, and for recycling education programs. Commercial Co -Mingled Recycling Businesses that recycle gain financially through reduced solid waste disposal fees. In some cases, the revenue generated by the commodities is returned to the business. Sanitary Services Company began a co -mingled recycling program for local businesses in November of 2007. A specialized 5 -yard recycling container is used for larger businesses, and 95 -gallon wheeled carts are available for small businesses. This program is being used by many area businesses, and every school in Meridian has a 5 -yard recycling container. Items that can be recycled in the co -mingled program include: newspaper, corrugated cardboard, magazines and catalogs, aluminum and tin cans, mixed waste paper (including telephone books), and plastic bottles and jugs (numbers 1-7, including lids). There were 1,058.2 tons of materials recycled through the commercial co -mingled recycling program in 2011. This was a slight increase of 1.2 percent from 2010. Roll Off Recycling In 2011, SSC diverted nearly 2,450.0 tons of materials through roll off accounts, an increase of 11.2 percent from 2010. The following table details the changes in the various commodities recycled through the SSC roll off program for the past two years: r. SSC Transfer Station Recycling Sanitary Services Company strongly believes in the value of providing recycling opportunities for Meridian residents, and accepts several materials for recycling at the transfer station that are not accepted in the curbside recycling program. The SSC Transfer Station diverted almost 2,885.0 tons of materials in 2011, an increase in recycling of 16.9 percent from 2010. The following table details the changes in the various commodities recycled through the SSC Transfer Station for the past two years: o !Y_ Tons Recycled -'2010 ecycl'ed :2011 Cardboard 1,599.3 1,595.1 Leaves 144.0 411.0 Gypsum (Sheet Rock) 98.0 150.0 Plastic Bottles 53.2 95.9 Paper 94.6 78.5 Wood 110.3 47.3 Rock 75.0 30.0 Metal 18.0 27.8 Christmas Trees 9.4 13.1 Christmas Trees 2,201.8=2;44817 0 r. SSC Transfer Station Recycling Sanitary Services Company strongly believes in the value of providing recycling opportunities for Meridian residents, and accepts several materials for recycling at the transfer station that are not accepted in the curbside recycling program. The SSC Transfer Station diverted almost 2,885.0 tons of materials in 2011, an increase in recycling of 16.9 percent from 2010. The following table details the changes in the various commodities recycled through the SSC Transfer Station for the past two years: o !Y_ Tons Recycled -2010 -Tons Recycled -_.2011. Wood 834.0 1,061.7 Rock 585.0 766.5 Leaves 216.0 443.1 Metal 192.0 260.9 Grass 509.1 162.4 Cardboard 83.9 136.4 Carpet Pad 25.1 42.1 Tires 12.8 9.2 Refrigeration Units 5.2 2.6 Christmas Trees 4.5 0 a 2,467.6 9 Public Outreach Efforts Sanitary Services Company believes that public awareness and education are the keys to successful programs. SSC places a strong emphasis on public education so that residents and businesses are aware of the numerous solid waste and recycling programs offered in Meridian. Newsletters To reach a large amount of customers, Sanitary Services Co. publishes a newsletter called "Talkin Trash!" The newsletter is included in all residential and commercial bills on a quarterly basis. Each issue provides information about the household hazardous- waste mobile collection times and location, where to dispose of prescription drugs, upcoming holidays that may or may not delay trash and recycling collection, how to sign up for email notifications, and contact information including our website address. ialkn Trash` Email Notifications Special topics covered in the 2011 newsletters included: Curbside yard waste collection week; recycling grass clippings; junk mail recycling; recycling shredded paper; proper household battery disposal; composting; 10 reasons to recycle; leaf collection; oil, fats, & grease disposal; electronic waste facts; raking safety tips; wheeled cart set out reminders; business recycling; unlimited collection week; Christmas tree recycling; Christmas tree recycling facts; automobile recycling facts; winter dollar stretcher tips; 2012 recycling schedule; proper disposal guidelines; and snow removal safety tips. In 2004, Sanitary Services Company began offering a monthly notification so customers can be informed about upcoming events, program changes, and holiday collection schedules via email. This email notification system has .proven to be very popular. During 2011, SSC received 120 new requests from customers wanting to be added to our email list. Nearly 40.0 percent of these requests were made via our website. There were 462 customers signed up to receive our emails at the end of 2011. This was an increase of 17.6 percent from 2010. Internet Resources SSC explored new avenues to share information with our customers in 2011. In addition to updating the design of our website to make information easier to find, we also created pages on Facebook and YouTube. The Facebook page is updated on a regular basis to inform customers of program changes and holiday schedules, and our YouTube page features video clips of our trucks in action. 10 c Educational Talks Sanitary Services Company received 11 requests for recycling presentations in 2011. The talks were given to more than 900 children and adults. Audiences included local elementary and middle schools, and several Boy Scout troops. An SSC recycling truck was onsite for some of the presentations. Parks & Recreation Community Education Classes SSC partnered with Meridian Parks & Recreation for the fifth year in a row by offering community education classes throughout the year. Classes were offered on Recycling and Papermaking. Field Trips Eleven field trips were given at the SSC facility during 2011. The tours were catered to the needs of the particular audience. Youth tours let kids see SSC trucks up close and learn how they work, meet some of our drivers, and learn about trash and recycling. Adult tours focused more on touring the SSC Transfer Station, seeing our RoutewareTM system in action, and learning about our fleet. Booths & Special Events Sanitary Services Company participated in several special occasions during 2011, including the Meridian State of the City, Meridian Dairy Days, Meridian Block Party, Meridian Public Works Week Fair, Neighborhood Summit, and Linder Elementary Career Day. SSC staff displayed information and answered questions about curbside recycling in Meridian, household hazardous waste collection, our sharps container program, and other services we provide. When possible, our fleet vehicles were onsite for display. SSC Recycling Trucks During 2011, SSC re -designed the look of our recycling trucks to make them easier to identify in the community. The trucks are now stickered with recycling symbols, a co -mingled recycling cart, and examples of items accepted in the curbside recycling program. 11 Community Involvement Meridian Old Town Community Clean Up Numerous community volunteers took part the Sixth Annual Meridian Old Town Community Clean Up that was held in May. Volunteers worked in a designated five -block area of Meridian's Old Town, and cleared trash, debris, and wood waste from several properties. The scrap metal collected at the event was taken to Pacific Recycling, who paid $1,000 for the materials. The check was donated to the Meridian Senior Center. SSC has been a part of this event since it began in 2005, and once again provided the containers and hauling services. Rake Up Meridian Each year, "Rake Up Meridian" helps disabled citizens and seniors who are unable to rake their yards. Nearly 30 homes of Meridian seniors and others in need of help were raked during the 2011 event. In addition to having a team to help rake, SSC donated the paper leaf bags and all collection services for this event. Sharps Container Program There are millions of syringe users outside of traditional health care facilities. The majority of sharps (needles, lancets, syringes) are thrown away in household trash, putting neighbors, children, and trash collectors at risk of needle stick injuries and infections. In 2006, SSC partnered with Larson -Miller Medical Waste Disposal Service to provide a local solution to this problem. Meridian residents can receive free sharps disposal containers at the SSC facility. Larson Miller collects the containers at no cost, and treats them before disposal. Several hundred sharps containers were distributed throughout Meridian in 2011. This is the only program of its kind in the Treasure Valley. 12 Safety and Compliance Sanitary Services Company cares about the safety and well-being of our employees. Our employees are provided with insurance that includes medical, dental, and vision benefits as well as access to an Employee Assistance Program. Gold's Gym offers our employees a discounted membership rate. SSC offers free smoking cessation support and medication to our workers who want to stop smoking. Employees have access to free Hepatitis, Tetanus, and flu shots. SSC is very proactive when it comes to safety and complying OSHA standards. We employ a full time Safety Supervisor, and conduct monthly safety meetings with our drivers and mechanics. Our Safety Supervisor was named "2011 Small Business Person of the Year" by the Meridian Chamber of Commerce. Safety meeting topics for 2011 were: material safety data sheets, blood borne pathogens, drug awareness, fire extinguishers, cost of accidents, lock -out tag -out, pre -trip inspection, workers compensation, aggressive driving, winter driving, tire chains, and aggressive cars & trucks. All newly hired employees are tested for drugs using Department of Transportation compliance standards. Random drug testing is conducted on a small number of employees each quarter. Our residential trash and recycling drivers are required to wear gloves and ankle -supporting leather footwear. Hard hats, gloves, leather boots with ankle support, and high -visibility vests are required by all workers in the SSC Transfer Station. Shop mechanics are provided with coveralls, safety glasses, gloves, and hearing protection. Leather books that support the ankle are worn by all shop employees. Additionally, the shop adheres to the "buddy system" so no one person works alone in the bays in the event of an accident. First aid kits and hearing protection are provided in the shop, transfer station, and the training/break room. Our shop is equipped with an eyewash station. SSC put on a unique training event with our drivers this summer by staging a "Driving Rodeo" to challenge the skills of our drivers in a fun, controlled environment. Family members were invited to watch the competition, and a BBQ was held afterwards. Sanitary Service Company's, trucks are equipped with a special communication system called RoutewareT"' that lets our drivers connect with the office. The system tells us exactly where our s fleet is, what they are doing, how fast they are going, or if they are idling. Schedule changes, truck locations, and pick-up/drop-off activity are relayed automatically between trucks and our office. 13 SSC Fleet and Maintenance Sanitary Services Company uses automated side loader vehicles to provide service to the residential trash and recycling accounts. Back-up trucks are available in case of breakdown or increased service needs. Commercial accounts are collected using front -loading trucks and a rear -loading truck for commercial can services. An additional truck is available as both a back-up truck and for providing commercial co -mingled recycling services. SSC utilizes roll off trucks equipped with a cable hoist system. The mini roll off trailers are serviced by pickup trucks. A Komatsu loader is used to push garbage into the compactor at the SSC Transfer Station. Volvo semi tractors with Western Trailers semi trailers haul the compacted trash from the transfer station to the landfill. Back up tractors and trailers are also available. Sanitary Services Co. began using 20% Biodiese) in our fleet vehicles in 2002, and was the first entity in Idaho to use Biodiesel as an alternative fuel. SSC has continued to use this fuel source in part to protect the air in our residential routes. In May of 2006, a 12,000 gallon fuel tank was installed at our facility to supply B20 in all of our vehicles. SSC fleet vehicles are serviced by professional mechanics on a 20 -day maintenance cycle throughout the year. Oil and other fluids, brakes, tires, and wiper blades are _ inspected on a regular basis and replaced as needed. The SSC shop actively recycles when possible. In 2011, there were 110 gallons of antifreeze diverted through the shop, and 800 gallons of motor oil were recycled. 14 Community Support Sanitary Services Company is privileged to be a part of the Meridian community. We feel that it is important to give back to the area that makes us successful. Some of the organizations and functions that we supported in 2011 include: Boise State University Truck Driving Program Boys & Girls Clubs of Ada County Gem State Academy Idaho Trucking Association Idaho State Police Association Mayor's Anti -Drug Coalition Mayor's Youth Advisory Council Meridian Arts Commission Meridian Chamber of Commerce Meridian Churches Meridian City Meridian Community Service Connection Meridian Dairy Days Meridian Education Foundation Meridian Fire Department Meridian Food Bank Meridian Historical Society Meridian Kiwanis Meridian "Paint the Town" Meridian Wreath Festival Meridian's Promise Old Town Community Clean Up Optimist Club of Meridian "Rake Up Meridian" Special Olympics Idaho Treasure Valley Clean Cities Coalition 15 Future Solid Waste Management Issues Solid waste collection in Meridian is facing the challenge of rising landfill fees and fluctuating commodity values for recycled items. This leads us to look for new ways to divert waste from the landfill by way of recycling and reuse alternatives. SSC is evaluating the following initiatives for 2012: 1. Conversion to Per -Ton Landfill Fees: The Ada County Landfill has installed scales as a prelude to converting to a weight -based fee structure. We assume this will occur in late 2012, and it will require a revision to the solid waste collection fee structure, and addition of scales at the transfer station. SSC will work closely with the Meridian Solid Waste Advisory Commission to evaluate and implement these changes. 2. Composting: One of the heaviest portions of the waste stream is the organic portion made up of yard, garden, and food waste. This type of waste can be composted if there is a permitted composting facility within an economical travel distance. SSC hopes to work with the City of Meridian to develop a composting facility that will divert this portion of the waste stream and allow for the composting of biosolids from the wastewater treatment plant. This type of program would benefit SSC as well as the City of Meridian. Once in place, SSC would be able to divert waste through the transfer station as well as collect organics curbside from residential homes. 16 DATE:,ITEM NUMBER: • 1 Second and Third Reading of Ordinance No. 12-1528: Downtown Core Sidewalk Facility Standards Update - Proposed Draft Title 8, Chapter 1 Ordinance and Proposed City of Meridian Improvement Standards MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Future Meeting Topics Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS