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2013-04-09ISO -- E IDIANg IC5AH7 CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, April 09, 2013 at 3:00 PM 3:04 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Proclamation A. Proclamation for Parkinson's Awareness Month 5. Consent Agenda Approved Approved A. Approve Minutes of March 26, 2013 City Council Regular Meeting g B. Resolution No. 13-916: Authorizing the City Clerk to Destro Certain S y Semi - Permanent and Temporary Records of the Meridian Police Department C. Acceptance Agreement for Display of Artwork of Ron Pridmore in Initial Point Gallery through August 2, 2013 D. Sewer Main Easement for Bienville Square Subdivision No. 2 E. Professional Services Agreement with Kevin Patrick Kirk Inc. for Musical Talent for Concerts on Broadway on August 10, 2013 for a Not -to -Exceed Amount of $4,000.00 F. First Amendment to Professional Services Agreement Between Whitman & Associates Inc and the City of Meridian for Building Inspection Services. G. First Amendment to Professional Services Agreement Between Whitman &Associates Inc and the City of Meridian for Building Official Services Meridian City Council Meeting Agenda — Tuesday, April 09, 2013 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. H. First Amendment to Professional Services Agreement Between Whitman & Associates Inc and the City of Meridian for Building Plans Examiner Services I. First Amendment to Professional Services Agreement Between Jackson Code Consultants, Inc. and the City of Meridian for Fire Plan Review and Inspection Services J. First Amendment to Professional Services Agreement Between DMH Enterprises and the City of Meridian for Plumbing Plan Review and Inspection Services K. First Amendment to Professional Services Agreement Between Idaho Division of Building Safety and City of Meridian for Electrical Plan Review and Inspection Services L. First Amendment to Professional Services Agreement Between Idaho Division of Building Safety and the City of Meridian for Mechanical Plan Review and Inspection Services M. Approval Easement with Various Owners for Sanitary Sewer Water, and Recycled Water Mains and Water Service Meters to Properties as Part of the Ada County Highway District (ACRD) Franklin - Ten Mile to Linder Project Parcel # Property Owners 3 John Morton 4 Jerry Bowers 4 Jerry Bowers 5 Dorothy Bowers 61 # 1 Volante Investments 61 # 2 Volante Investments 7 Volante Investments 9 Joint School District No. 2 18 Calnon Enterprises 19, # 1 Bainbridge/Conley 19, # 2 Bainbridge/Conley 20, # 1 Bainbridge/Conley 20, # 2 Bainbridge/Conley Easement Type Sewer/Recycled Water Mains Water Main Water Service Water Service Sewer/Water/Recycled Water Mains Sewer/Water/Recycled Water Mains Sewer/Water/Recycled Water Mains Sewer/Water/Recycled Water Mains Sewer/Water/Recycled Water Mains Sewer Main Water Main Water Main Sewer Main N. Findings of Fact, Conclusions of Law for Approval: RZ 13-001 Legacy Church by Legacy Church Located South of W. Cherry Lane, Between East NW 1st Street and N. Meridian Road and North of W. Maple Avenue Request: Rezone of Approximately 3.95 Acres of Land Meridian City Council Meeting Agenda — Tuesday, April 09, 2013 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. from the R-4 (Medium -low Density Residential District) Zoning District to the O -T (Old Town District) Zoning District O. Findings of Fact, Conclusions of Law for Approval: pp MDA 13-002 Red Wing Subdivision by WH Moore Company Located Southeast . Y ast Corner of S., Meridian Road (SH 69) and E. VictoryRoad Request: Modific Modification to the Cavanaugh Development Agreement to Exclude the Subject Property from the Agreement P. Findings of Fact, Conclusions of Law for Approval: RZ 13-002 Red Wing Subdivision by WH Moore Company Located Southeast Corner of S. Meridian Road (SH 69) and E. Victory Road Request: Rezone of 32.87 Acres of Land from the C -N and TN -C Zoning Districts to the R- 4 (16.55 Acres) and R-15 (16.32 Acres) Zoning Districts Q. Findings of Fact, Conclusions of Law for Approval: PP 13-003 Red Wing Subdivision by WH Moore Company Located Southeast Corner of S. Meridian Road (SH 69) and E. Victory Road Request: Preliminary Plat Approval Consisting of 48 Single -Family Residential Building Lots; One (1) Multi -Family Residential Lot; and Nine (9) Common /Open Space Lots R. Findings of Fact, Conclusions of Law for _ • • Approval. PP 12 018 Irvine by Northside Management Located Southeast Corner of W. Chin den den Boulevard and N. Ten Mile Road Request: Preliminary i Plat Approval Consisting ng of 145 Residential Lots and 12 Common Lots on Approximately 38.5 Acres in an Existing R-8 Zone S. Findings of Fact, Conclusions of Law for Approval: PP 12-019 Rushmore by Tealey's Land Surveying Located South of W. Pine Avenue and West of W. Idaho Avenue and W. Broadway Avenue Request: Preliminary Plat Approval of One (1) Church Lot, Three (3) Buildable Lots and Two (2) Common Lots Approximately 5.31 Acres in an Existing L -O and R-15 Zones T. Findings of Fact, Conclusions of Law for Approval: CUP 1 - pp 2 014 Rushmore by Tealey s Land Surveying Located South of W. Pine Avenue and West of W. Idaho Avenue and W. Broadway AvenueRequest: Conditional Use Permit Approval for a Multi-FamilyDevelopment Consisting of Three (3) 8-Plex Structures (24 DwellingUnits) in a Proposed R-15 Zoning District on Approximately 2.17 Acres U. Findings of Fact, Conclusions of Law for Approval: MDA 13- pp 003 Kingsbridge by Stetson Homes Located East Side of S. Eagle Road Between E. Vi g Victory Road and E. Amity Road Request: Amend the Meridian City Council Meeting Agenda — Tuesday, April 09, 2013 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. Kingsbridge Subdivision Development Agreement (Instrument #105092050) for the Purpose of Modifying the Landscape Berm Height Along E. Zaldia Street V. Final Order for Approval: FP 13-005 Spurwing Challenge Subdivision by The Club at Spurwing, LLC Located Near the Northwest Corner of C hinden Boulevard and N. Linder Road Request: Final Plat t Approval Consisting of Twenty -Three (23) Single FamilyLots and Four (4) Common/Other Lots on Approximately 58.25 Acres in an R-8 Zoning g 6. Community Items/Presentations A. Discussion on Pilot Program for Su tion -Bas . p ed Collection of Residential Grass Clippings 7. Items Moved From Consent Agenda 8. Action Items A. Public Hearing: Proposed Spring/Summer 2013 Fee Schedule of the Meridian Parks and Recreation Department B. Resolution No. 13-917: A Resolution Adopting the p g Spring/Summer 2013 Fee Schedule of the Meridian Parks and Recreation rection Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and ProvidingEffective an e Date Approved C. Public Comment: Large -Scale Special Events Update to p Temporary Use Code D. First Reading of Ordinance No. 13-1549: Large -Scale Special g p al Events Update to Temporary Use Code 9. Department Reports A. Public Works: Rate Model Presentation B. Public Works: Budget Amendment for Replacement p t of the Wastewater Division's Andritz D5L High Solids Decanter Centrifuge from Andritz Separation Inc. for the Not -to -Exceed Amount of $214,355.00 Approved Meridian City Council Meeting Agenda — Tuesday, April 09, 2013 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. C. Public Works: Sole Source Form with Andritz Separation Inc. for the Purchase of D5L High Solid Decanter Centrifuge for a Not -To -Exceed g o Exceed Amount of $214,355.00 Approved D. Public Works Department, Environmental Division Department Report: Fee Schedule Update E. Fire Department: EMS Joint Powers Agreement Presentation tation F. Legal Department Report: Historic Preservation Commission mission Seat Designations and Appointments G. Resolution No. 13-918: Appointing Historic . p g Preservation Commissioners to Designated Seats Item Moved to Item 10C H. Continued from March 26, 2013: Clerk's Office: Discussion on Room Reservation Policy 10. Ordinances A. Agenda amended to reflect the change in the ordinance titl • Third Reading of Ordinance No. 13-1547: An Ordinance Amending Meridian City Code Section 10-1-3 and 10-5-2 Adding Local Amendments to the International BuildingCode International M ational Mechanical Code, and International Residential Code Requiring Carbon Monoxide' AI g Alarms in New and Existing Dwellings, Establishing Requirements for Carbon Monoxide Alarms Approved B. Ordinance No. 13-1550: Amending Meridian City coon Code se 2-1- 3(C) - Terms of Historic Preservation Commissioners' Seats Approved C. Moved from 9G: Resolution No. 13-918: Appointing pp g Historic Preservation Commissioners to Designated Seats Approved 11. Future Meeting Topics Adjourned at 5:11 PM Meridian City Council Meeting Agenda — Tuesday, April 09, 2013 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 Council Workshop April A meeting of the Meridian City Council was called to order at 3:04 p.m., Tuesday, April 97 20137 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jacy Jones, Bruce Chatterton, John Overton, Mark Niemeyer, Tom Barry, Bruce Freckleton, Warren Stewart, Steve Siddoway, Mollie Mangerich, Patrick Dilley, John McCormick, Tracy Crane and Dean Willis. Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you all for being here and joining us for our City Council Workshop. We will just go right into our regular meeting. For the record it is Tuesday, April 9th. It's four minutes after 3:00. We will start with roll call attendance, Madam Clerk. De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) AdoptionItem 3: of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on today's agenda. 5-13 is Resolution No. 13-916. Under Item 8, 8-13, is Resolution 13-917. 8-D is Ordinance No. 13-1549. 9-G is Resolution No. 1398 and we need to move that to Item 10-C. So, that will be moved down under ordinances. Under Item 10-A we need to amend the ordinance title that's shown here from what is written to requiring carbon monoxide alarms in new and existing dwellings, establishing requirements for carbon monoxide alarms. And 10-13 is Ordinance No. 13-1550. So, with that, Madam Mayor, I move adoption of the agenda as amended. Meridian City Council Workshop April 9, 2013 Page 2 of 45 Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. 1111111 11, � 111:q De Weerd: Item 4 is a proclamation. Do we have folks here for this proclamation? Very good. Well, I will join you down at the podium. So, I will read this proclamation and, then, I will ask you if you have any remarks. We would love to have you share them at that time. Whereas Parkinson's Disease is a progressive neurological movement disorder of the central nervous system which has a unique impact on each patient and whereas according to the Parkinson's Action Network, the Parkinson's Disease Foundation, the National Parkinson's Foundation, the American Parkinson Disease Association and the National Institutes of Health, there are over one million Americans diagnosed with Parkinson's Disease and whereas symptoms include slowness, tremors, problem with balance and speaking, rigidity, cognitive and memory problems and whereas although new medicines and therapies may enhance life for some people, sometimes people with Parkinson's more work is needed for a cure and whereas increased education and research are needed to help find more effective treatments with fewer side effects and ultimately a cure for Parkinson's Disease, and whereas a multi -disciplinary approach to Parkinson's Disease care includes local wellness, support, caregivers groups -- boy, I am really mutilating this one -- and whereas April has been proclaimed Worldwide Parkinson's Awareness Month for all to recognize the needs for research and help in dealing with this horrible disease, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim April 2013 as Parkinson's Awareness Month in the City of Meridian and I call on all citizens to increase awareness of this disease and the continued need to have research, better treatments, and an eventual cure. So, I signed this and I apologize to Lisa for my reading of it. It still is a very serious disease and there is no doubt that we need to find -- we need to fund better research, we need to find a cure to this, because it does affect so many Americans and I appreciate the passion that you have for this and invite you to say a few words. Bain: Thank you for letting us have some time in the City Council meeting and for giving us the month of April. My name is Lisa Bain and in addition to being a resident in Meridian I'm the state director for the Parkinson's Action Network, which is a volunteer grass roots organization made up of advocates all across the United States and my dad has Parkinson's Disease. He is one of the many Vietnam veterans that developed Parkinson's after exposure to Agent Orange, but we have a lot of people here in the state of Idaho and in Meridian with Parkinson's and one step at a time we move closer Meridian City Council Workshop April 9, 2013 Page 3 of 45 to finding a cure for this terrible disease and I still believe very strongly one proclamation and through raising awareness we will find a cure in our lifetime. So, thank you very much. De Weerd: Well, I would like to present this to you, Lisa, and have this as -- just to show that the City of Meridian does care about its residents and we join you in trying to raise awareness for this disease. Bain: Thank you. ConsentItem 5: A. Approve - ofMarch2013 City CouncilRegular Meeting B. Resolution No. 13-916: Authorizing the City Clerk to Destroy Certain Semi -Permanent • Temporary Recordsof MeridianPolice Department C. Acceptance Agreement forof • of •Pridmore Pointin Initial •ugh August 2, 2013 D. Sewer Main Easement for Bienville Square Subdivision No. 2 Professional Services Agreement with Kevin Patrick Kirk, Inc. for Musical Talent for Concerts on Broadway on August 10, 2013 for• r --• Amount of 111 11 F. First Amendment to Professional Services Agreement Between Whitman & Associates Inc and the City of Meridian for •' • Inspection Services. G. First Amendment to Professional Services A• - Between Whitman & Associates Inc and the City of Meridian for • • Official Services First Amendment to Professional Services Agreement Between • - and the City of Meridiar for • • Plans Examiner Services AmendmentF. First • Professional Servicesr -= ent Between Jackson•• • and the City of Meridian• - Plan Review • Inspection Meridian City Council Workshop April 9, 2013 Page 4 of 45 J. First Amendment to Professional Services Agreement Between DMH Enterprises and the City of Merido ian fr Plumbing Plan Review and Inspection Services K. First Amendment to Professional Services Agreement Between Idaho Division of Building Safety and City of Meridian for Electrical Plan Review and Inspection Services First Amendment to Professional Services Agreement Between Idaho Division of Building Safety and the City of Meridian for Mechanical Plan Review and Inspection Services M. Approval Easement with Various Owners for Sanitary Sewer, Water, and Recycled Water Mains and Water Service Meters tt Properties as Part of the Ada County Highway District (ACHD) Franklin - Ten Mile to Linder Project Parcel # Property Owners Easement Type 3 John Morton Sewer/Recycled Water Mains 4 Jerry Bowers Water Main 4 Jerry Bowers Water Service 5 Dorothy Bowers Water Service 67 # I Volante Investments Sewer/Water/Recycled Water Mains 6, # 2 Volante Investments Sewer/Water/Recycled Water Mains 7 Volante Investments Sewer/Water/Recycled Water Mains 9 Joint School District 2 Sewer/Water/Recycled Water Mains 18 Calnon Enterprises Sewer/Water/Recycled Water Mains 19, # 1 Bain bridge/Conley Sewer Main 19, # 2 Bainbridge/Conley Water Main 20, # I Bainbridge/Conley Water Main 20, # 2 Bainbridge/Conley Sewer Main N. Findings of Fact, Conclusions of Law for Approval: RZ 13-001 Legacy Church,by Legacy Church Located South of W. Cherry Lane, Between East NW Ist Street and N. Meridian Road and North of W. Maple Avenue Request: Rezone of Approximately 3.95 Acres of Land from the R-4 (Medium -low Density Residential District) Zoning District to the O -T (Old Town District) Zoning District Findings of Fact, Conclusions of Law for Approval: MDA 13- 002 Red Wing Subdivision by WH Moore Company Located Southeast Corner of S., Meridian Road (SH 69) and E. Victory Road Request: Modification to the Cavanaugh Development Agreement to Exclude the Subject Property from the Agreement Meridian City Council Workshop April 9, 2013 Page 5 of 45 P. Findings of Fact, Conclusions of Law for Approval: RZ 13-002 Red Wing Subdivision by WH Moore Company Located Southeast Corner of S. Meridian Road (SH 69) and E. Victory Road Request: Rezone of 32.87 Acres of Land from the C -N and TN -C Zoning Districts to the R-4 (16.55 Acres) and R-15 (16.32 Acres) Zoning Districts •Findings of Fact, Conclusions of Law for Approval: PP 13-003 Red Wing Subdivision by WH Moore Company Located Southeast Corner of S. Meridian Road (SH 69) and E. Victory Road Request: Preliminary Plat Approval Consisting of 48 Single -Family Residential Building Lots; One (1) Multi -Family Residential Lot; and Nine (9) Common / Open Space Lots R. Findings of Fact, Conclusions of Law for Approval: PP 12-018 Irvine by Northside Management Located Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Preliminary Plat Approval Consisting of 145 Residential Lots and 12 Common Lots on Approximately 38.5 Acres in an Existing R-8 Zone S. Findings of Fact, Conclusions of Law for Approval: PP 12-0 ] 1 Rushmore by Tealey's Land Surveying Located South of W. Pine Avenue and West of W. Idaho Avenue and W. Broadwa Avenue Request: Preliminary Plat Approval of One (1) Churc Lot, Three (3) Buildable Lots and Two (2) Common Lots Approximately 5.31 Acres in an Existing L -O and R-15 Zones T. Findings of Fact, Conclusions of Law for Approval: CUP 12- 014 Rushmore by Tealey's Land Surveying Located South of W. Pine Avenue and West of W. Idaho Avenue and W. Broadway Avenue Request: Conditional Use Permit Approval for a Multi -Family Development Consisting of Three (3) 8-Plex Structures (24 Dwelling Units) in a Proposed R-15 Zoning District on Approximately 2.17 Acres U. Findings of Fact, Conclusions of Law for Approval: MDA 13- 003 Kingsbridge by Stetson Homes Located East Side of S. Eagle Road Between E. Victory Road and E. Amity Road Request: Amend the Kingsbridge Subdivision Development Agreement (instrument #105092050) for the Purpose of Modifying the Landscape Berm Height Along E. Zaldia Street V. Final Order for Approval: FP 13-005 Spurwing Challenge Subdivision by The Club at Spurwing, LLC Located Near the Meridian City Council Workshop April 9, 2013 Page 6 of 45 Northwest Corner of Chinden Boulevard and N. Linder Road Request: Final Plat Approval Consisting of Twenty -Three (23) Single Family Lots and Four () Common/Other Lots on Approximately 58.25 Acres in an R-8 Zoning District De Weerd: Okay. After that mess, Council, we are at Item 5 for the Consent Agenda and I will try and speak better at this point. Hoaglun: Madam Mayor? De Weerd: Thank you. Mr. Hoaglun. Hoaglun: As noted earlier, 5-13 is Resolution No. 13-916 and with that I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. 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: Community Items/Presentations A Discussionon Pilot Program f•r Subscription-Base'l- Collection of •Clippings De Weerd: Item 6 under Community Items/Presentation, I will turn this over to -- Mr. Nary, do you want to introduce it? Nary: Madam Mayor, Members of the Council, we have before you in the community items a presentation regarding a new program that the Republic Services wants to do. Rachele Klein is here from Republic Services to explain what this subscription -based program will be. So, Rachele is here to do that from Republic. De Weerd: Thank you. Klein: I have a packet -- De Weerd: If you will also pass one to the clerk. Meridian City Council Workshop April 9, 2013 Page 7 of 45 Klein: I may not have enough for the clerk, but I can leave -- I have an extra packet that I'm holding and I can give you one at the end if that's okay. De Weerd: You can have mine. Klein: Thank you, Mayor and Council and Mr. Nary for allowing us to present this pilot program to you today. As is our duty as your solid waste provider here in the City of Meridian, from time to time we will bring you programs for your review and in this case it's a grass recycling program, so we have partnered through the existing SSC contract with a feedlot in south Meridian, it's in south Ada County and that feedlot has the ability -- they currently make corn ensilage and they are interested in making grass ensilage and for the first time we are looking at running a subscription program in the City of Meridian where a resident can sign up for grass -- grass only collection and the grass would be collected on their regular service day and taken out to -- at this point the McGurdy Hills Farm, which is on South Locust Grove where they have constructed an ensilage pit and the grass would be ensiled there, which is really fermented or pickled for -- there is a pit and a grassy tight -- tightly packed, so it's in an anaerobic state versus aerobic state, so it would be parked and pickled and within several months fed to their cattle. They are working with a nutritionist in the Department of Ag. This is the first time it's been done. So, in the literature you have before you we don't say -- it looks like it's going to all be used for cattle feed, which is definitely our intention. However, if it does not work according to plan we would land apply it and till it in as a soil amendment if for some reason this doesn't work out. So, this is a pilot program. We hope to launch this summer starting June 1st and if it's successful we will probably bring it back to you for consideration as a franchise item next summer if it's something that you would like to add. In this case we would do the billing -- if approved we would do the billing and just sign customers up as they are interested and the -- the rate on here -- I put down 6.95. We are looking at somewhere between 6.95 and eight dollars and with the rate structure in the City of Meridian the largest cart is the most expensive and, of course, it goes down from there to the smallest cart having the lowest price. So, for customers that keep a large cart just for their yard waste, this would be an opportunity for them to cut their rate down and go to a smaller cart and, then, add a grass cart to pick up the grass for the summer months. So, it would be a small -- a small incremental increase, but not the full amount if the customer decides to reduce their overall trash and add grass recycling. Do you have any questions? We will be taking this to SWAC next for review. De Weerd: Great. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It sounds like a good idea to me. I think that's great. The one question I would have for Mr. Nary, when we get to the point of introducing what has not been a fee before -- I know it's optional, but does that mean after it's been through SWAC and others, does that mean a public hearing? Meridian City Council Workshop April 9, 2013 Page 8 of 45 Nary: Yes, sir. We would have to do that, so -- Zaremba: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Ms. Klein, the 6.95, does that include the cart rental as well? All costs? Klein: Yes. It will be somewhere between 6.95 and eight dollars, but it will definitely include the car rentals, yes. Hoaglun: But we still have to have that due to state law there is that extra sales tax on the rental -- Klein: Uh-huh. Yes. Hoaglun: -- and stuff that -- okay. Klein: And that would be the -- yeah. Hoaglun: Yeah. There is no avoiding that one I think. Klein: No. De Weerd: Mr. Rountree. Rountree: Madam Mayor, thank you. I think this is a terrific idea. We send tons of grass to the landfill every year and this will certainly extend the longevity of the landfill and hopefully as it -- as it works -- and I think you're pretty positive that it will -- it could be expanded within not just Meridian, but other communities and we can get this stuff out of the landfill. Klein: We hope so. Rountree: And if it doesn't work as ensilage for cattle feed, if they are going to land apply it maybe we could add some other woody matter to it that can be decomposed. Bird: Yeah. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council Workshop April 9, 2013 Page 9 of 45 Zaremba: That thought I was sort of -- you're very specific about this being grass clippings. Do you have a way to make sure that you're not just getting general yard waste or does that make a difference? Klein: Well, it does make a difference. We are -- we are going to really stress it as grass only at this point. It will be screened before it's ensiled, so -- to pull out anything -- any debris that is in besides grass, but we are trying to reduce the amount of handling by encouraging residents to put their grass in. So, yes, that's a good point. De Weerd: So, I guess this goes to SWAC and, then, it will come back in front of Council with their recommendation and Council would hear it then and, then, put it out to a public hearing, would it go -- yes. That would be the right process. Zaremba: My opinion would be go forward. Bird: Yeah. Rountree: For those who don't know what SWAC is, it's a Solid Waste Advisory Committee that's established in the City of Meridian. So, yeah. I'm for moving forward. Hoaglun: Yeah. That sounds good. De Weerd: Well, thank you joining us today. Klein: Thank you. De Weerd: And I'm trying to think of cost as I look at getting a second container would be less expensive than this. Klein: Right. A second trash container would be less expensive than this and the way -- the only incremental difference that would make it close would be if you went from a large cart to a small cart and, then, added the grass only cart and, then, it would be about the same as adding a second garbage cart. Does that make sense? De Weerd: It does. Klein: And certainly this would not be probably for everyone. It's just -- it's an option for those -- we have had a lot of demand for a green waste program and this is as close as we have come so far to offering a full green waste program and so it's -- it's the next step and that's why we figured it would be subscription for -- to see what the interest is in the community. De Weerd: Okay. Very good. Well, we look forward to you presenting this to our SWAC and, then, coming back with their recommendations. Meridian City Council Workshop April 9, 2013 Page 10 of 45 Klein: All right. Well, thank you very much. De Weerd: Okay. Thank you. And we do appreciate that -- I know you talked about this when you came in front of us with the purchase of SSC and so it's nice to see you moving forward with those items that you discussed at that time. Thank you. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. ItemAction Items A Public Hearing:Proposed g/Summer 2013 Fee Schedule of the Meridian Parks and Recreation Department De Weerd: Item 8-A is a public hearing on the proposed fee schedule for the Meridian Parks Department -- Parks and Recreation Department. Hi, Patrick. Dilley: Madam Mayor, Members of the Council, time again for our big season. Our -- lots of stuff going on in the parks, at the community center, and we are at our busiest and fullest and we are excited for it, coming out of winter and we are ready to go. So, with that said I would like to thank you, Madam Mayor and Members of the Council, for working to complete a priority use agreement with Joint School District No. 2. For us recreation coordinators that meant a great deal and for the citizens of Meridian. It's great that we can work with the school district to increase the amount of service we can provide for -- not only adult sports, but especially our youth programs. I'd also like to in the fee schedule highlight our theater happenings this summer. We are going to try to make use of the band shell in Kleiner Park as much as we possibly can and there are theater productions going on for youth camps throughout the summer, June, July and August and there will be a full community center, along with two different sites for our summer camps now, so we will be able to increase our service even more and I'd like to thank you again for the review of our fee schedule and I will stand for any questions. De Weerd: Thank you, Patrick. Council, any questions at this time? Rountree: I have none. De Weerd: So, before I ask for public comment I will help Patrick highlight and extend an invitation to City Council for Ball at the Hall. It's a prom for parents and Patrick is involved with the Mayor's Youth Advisory Council and since I think you're all adults you do qualify for attending the Ball at the Hall and so -- well, most of the time you're adults. But I would invite you -- extend an invitation to join us on May 4th. It is a fundraiser for Ben's Bells, which also was a charity that was introduced through the Park's Department. I just happened to attend one of their recreation classes on that and the Meridian City Council Workshop April 9, 2013 Page 11 of 45 youth council did take it on. It's a be kind campaign and so I expect to see you decked out in tuxes and your wives in their gowns and join us on that evening. Rountree: Sure. Bird: I haven't wore a tux in 27 years. De Weerd: Support the youth council. Dilley: Thank you, Mayor. De Weerd: Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Any final comments, Patrick? Dilley: No, ma'am. Thank you very much. De Weerd: Okay. Thank you. Council, if there is nothing further, I would entertain a motion to close the public hearing. Bird: So moved. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Resolution No. 13-917: A Resolution Adopting the Spring/Summer •the MeridianParks•, Recreation ' • • Authorizing the Meridian•1 Recreation ' • •Providing an Effective Date De Weerd: 8-B is Resolution 13-917. Mr. Zaremba. Zaremba: Would you like me to make the motion? De Weerd: You know, I think that would be lovely. Zaremba: I move that we approve Resolution 13-917. Rountree: Second. De Weerd: I have motion and a second to approve Item 8-B. Madam Clerk, will you call roll. Meridian City Council Workshop April 9, 2013 Page 12 of 45 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public •Large -Scale Special Events Update to Temporary Use Code De Weerd: Item No. 8-C is public comment on the temporary use code. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. This is the -- the ordinance we discussed with you last week on changing and tiering a couple of different types of events, the larger scale events. What we did is we added into that some examples of the types of events that would meet those criteria that requires the 60 day notice. It includes street closures or alcohol service as something that would require that type of attention ahead of time. This has been noticed on our agenda today, as well as it's been noticed to all of our current event planners that have had prior contacts with the clerk's office and, then, we have also added them for a second and third reading for your next two weeks and we have also added an opportunity for public comment into our published notices, so that way if there are other folks that we aren't aware of that sponsor these types of events we want to get them on notice now as soon as possible that these things could potentially impact them if we -- if the ordinance passes and they have a 60 day requirement. So, that's the only real change from last week. We are just making sure we put some examples of these larger scale events and, then, secondarily, that we -- I thought you would like to know how else we would advertise it to make sure people were aware of it. De Weerd: Thank you, Mr. Nary. Any questions from Council? Rountree: None. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public comment. Rountree: Second. Meridian City Council Workshop April 9, 2013 Page 13 of 45 De Weerd: I have a motion and a second to close the public hearing or public comment on Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. First Reading of Ordinance • 13-1549: Large -Scale Special Events Update to Temporary Use Code De Weerd: We will have the first reading of Ordinance 13-1549. Madam Clerk, will you, please, read this ordinance by title only. Jones: Thank you, Madam Mayor. An ordinance of the City of Meridian amending Meridian City Code Section 3-4-1 relating to the definition of special events. Amending Meridian City Code Section 3-4-3A6D relating to standards for denial of temporary use permit application. Amending Meridian City Code Section 3-4-3C6 relating to large scale special events and providing an effective date. De Weerd: Thank you. And as our attorney has outlined, this will be up on future agenda items for additional reading. _ • Department- • • De Weerd: Okay. Under Department Reports we have our Public Works Department and I will ask -- oh, well, hi, John. I was looking for Mr. Barry. But I think you're a great person to do it instead. McCormick: Thank you, Madam Mayor, Members of the Council. I presume we are talking about the rate model presentation? De Weerd: Yes, we are. McCormick: Okay. Now, if I can fire this guy up. Oh, they have got it. Okay. There it is. Easily done. First of all, thank you very much for the opportunity to do this. It's been awhile since we have gone through this kind of information and it's always helpful for us to have your inputs and your review of it. This is about water and sewer utilities rate update based on the modeling that we have done over the course of the last six months. This process actually started back in October and so it goes through the period that we are into now and hopefully will culminate today with your approval to move forward. I would like to offer some acknowledgements. Thank you to our operations and our engineering team internal to the Public Works Department, as well as the finance team, who has been very helpful in working collaboratively with us to not only provide the inputs for the model, but also to do the calibration of it and do sensitivity analysis and things of that nature, as we run various scenarios with the modeling tool. The next -- let's see. So, the agenda is to take a look at the fund status. Our current Meridian City Council Workshop April 9, 2013 Page 14 of 45 model projection look forward and look back in a reflective way on the fund itself, look at some future considerations and submit a recommendation for your consideration. So -- this is not the right file. Pardon the -- De Weerd: I think I could almost tell a joke about how many engineers does it take to -- something. Or maybe MBA jokes or something like that. McCormick: The only MBA -- well, I guess there were more than one of us there, weren't there. Thank you for your patience in that regard. So, the first couple of slides were correct. We want to start by looking at revenue, expenses, and operating income and just kind of flow from that into what the status of the Enterprise Fund is, reflect looking back, and, then, also projecting forward as to the fund itself, look at future considerations, consider the recommendations or any discussions about that. Okay. So, with regard to revenue, expenses, and income, we will start with revenue and the revenue and income drivers that we consider in the rate model are the -- obviously, the utility rates themselves and the volumes that are associated with consumption and the mix of that revenue between water and wastewater sales. The growth that's involved as it relates to development and the growth of accounts and our connection fee in -- we will see this in a little bit, so I don't want to steal too much of the thunder, but our connection fee has been used to cover operational expenses and by and large -- and done that up until the past eight years and we have been willful in that regards in this past year. Interest earnings and, then, any major improvements that we make in cost efficiency to drive cost out of the system or to manage and control our costs are also helpful and that is what helps us to drive the income portion of this. This chart you have seen before. It is the projection of account growth into next year, but it also gives a good history of the last five or six years and you can see from there we have a fairly stable and steady account growth of about two percent a year. That has been very predictable. In fact, last year we did the estimate on FY -12 and we used two percent and we came in less than ten off of the total number, so that's quite remarkable. And you can see that the trend line is for water, but if you plot this same trend line for sewer, which is that green bar it would be the same slope. It would be in parallel with that trend line that you see. This graph represents the total utility revenue. So, this includes all revenue that's associated with water and sewer and the bar on the left, the lavender colored bar, is the actual since 2005. The blue bar represents the budget that we had at that time and you can see that six out of those eight years we actually exceeded our budgeted revenue and if you integrate those areas of variance you would come up with about four and a half million dollars of additional revenue that we brought it over budget for the eight year period. On connection revenue it's almost the reverse and you can see here we started in 2005 at about 10.5 million -- ten and a half million dollars in connection revenue and, then, we took a dramatic reduction of actually about 50 percent over the course of the next couple years and, then, a continued gradual decline from there until last year we had a 59 percent increase from FY -11 to FY -12 in connection rate. That was largely driven by residential assessments. This is another view of that same data without the budget information. So, this shows historical assessment revenue. You can see that dramatic drop off from 2005 to 2007, more gradual decline to its low point of about 2.2 million in 2011. And, then, recovery and a rebound of 59 percent from '11 to '12. That's Meridian City Council Workshop April 9, 2013 Page 15 of 45 the lower portion of the lower area on the graph. The upper area we found it would be interesting just to say, okay, so what would it have been if we had a steady predictable revenue pattern such as we have in account growth, so -- and assuming no growth at all just from 2005 if we had flattened out revenue at that point over that eight year period we would have gained an additional 47 million dollars in revenues that we don't have today. So, that is revenue that is potentially lost that we would have used to fund the operational costs. This is a view of the capital expenditures for the 2005 to 2012 period. It is a slide that you probably recognize. I lifted this off of Stacy. She had given you an update a couple weeks ago and there is a few of the graphics that she presented that we were impressed with that we wanted to incorporate into the presentation today and we did so with her permission, so -- this shows how erratic things were back in the early years of 2005 through 2008 and, then, things started to kind of stabilize and come together in terms of the expenditure and the budget. So, we see a convergence of those two elements from 2009 on when we implemented just -in -time financing and it also speaks to the efficiency of our engineering and operations teams in executing their capital budgets. This is the carry forward and if we went back prior to 2008, for example, we would see much larger carry forward, so you probably remember those days and since the just -in -time concept was introduced in FY -09 we have continually reduced our carry forward until the last couple of years it is fairly consistent, around two to two and a half, three million dollars. So, very good performance on our operation and engineering team behalf. De Weerd: And, John, I guess I just want to preface it for the record in terms of it's -- it's a different practice on the just -in -time financing is instead of budgeting the entire project that is more of a three year project in one budget year and, then, carrying it forward, you're doing it based on the amount of work that you can do in that particular budget year. So, you have been able to project out those very nicely and I appreciate the Just- in -time financing. That gives a much better snapshot of what has actually happened. McCormick: It helps the engineers to manage their projects much more of effectively, because they can design and construct in two separate time periods without having to have the burden of accountability over the total budget in one time period. So, thank you for that clarification. Then on the revenue and expense side, this is an interesting chart, because it shows our total expenses and total revenue kind of working in opposite directions over the course of the first few years and, then, coming together and this is somewhat of a mirror reflection of the graph that we have showed on the just -in -time financing. You have got wild swings in spending in the early portion of the time and, then, a dramatic reduction in the revenue, which is consistent with the previous slide that we spoke about. De Weerd: Okay. So, I just don't want anyone to think it's wild spending. It was the expansion of the sewer treatment facility. So, I'm just very cautious. I'm sure Mr. Barry over there, who is a public record watcher, that he appreciates these clarifications. Sorry. McCormick: Thank you, Madam Mayor. Meridian City Council Workshop April 9, 2013 Page 16 of 45 De Weerd: Your wild swings. McCormick: And, yeah, maybe a poor choice of words on my part there. Sometimes when you're in a dry run on these things you use words that come back to haunt you. But certainly very accelerated spending related to capital plans that you spoke about and the revenue drop off very much related to the assessment reduction of 50 percent that we saw in those first few years. And, then, the good news is the recovery of that in both cases, expenses coming down, revenues coming up, at a fairly steady state in a very progressive way with the difference in this 2012 time frame being assessment revenue on the rebound.. So, now assessment revenue is about 45 percent of our operational cost. Status of the Enterprise Fund. In looking back we have made several improvements to Enterprise Fund. We strengthened fund reporting and the reconciliation of fund activities. We did that through a collaboration with our operations, engineering, and the finance teams. We have improved planning and the quantifying of capital needs. Developed a ten year tool, which is forecast, basically, that expands the horizon from five to ten years for infrastructure and capital planning. We established some set aside operational deficiency -- or depreciation, excuse me, and emergency reserves for both water and wastewater utilities and we established and set aside a regulatory reserve, which is really part of the undesignated fund balance that we use, but we earmark two million each year for regulatory purposes and, then, finally, we adjusted our capital planning and financing strategies to accommodate anticipated needs and available funding and to that point we also focused on prioritizing and ranking our capital improvement projects and we did that in collaboration between operations and engineering teams. We also made other improvements. We developed some financial tools and strategies and improved the models to drive our accountability and performance. The fund specifically focusing on performance benchmarks of the organization and reporting our progress toward -- against those benchmarks. We tracked and trended performance data using the results to guide improvements in our delivery of programs, plans, projects and services and we used KPIs and benchmarking to accomplish that. We also used asset management to drive and integrate improvements into our operational area and a myriad of SOP strategies and technologies were used in that effort and it continues to go on. We incorporated energy efficiency in our plans and operations, namely, in wastewater we use more high efficient turbo blowers in our tertiary building. We use methane gas instead of natural gas to heat that building and we also used solar tubes lighting -- natural lighting coming through the roof to light the building. Collectively those three initiatives alone save us about 100,000 dollars a year in energy costs. This is also a graphic that I borrowed from Stacy. It's a chart that shows the ending fund balance of 40 million dollars and how that is segregated into the different fund categories, so you see the reserve account for depreciation, emergency, and operating reserves and, then, the remainder of that is what we refer to as undesignated ending fund balance of 26.6 million. Then the view that's consistent with that is of that 26.6 million, how much of that capital is allocated and we have about 21 -- a little over 21 million of that that is currently allocated. So, that remains -- that leaves a remainder of about five and a half million dollars in what we call an undesignated fund status. We used a number of inputs for Meridian City Council Workshop April 9, 2013 Page 17 of 45 our rate model projection. First being the operating reserves -- four months of reserves, 2.2 million of that was in water, 2.6, and wastewater for a total of 4.8 million in operating reserves, emergency reserves at five million and, then, we also considered inflation and growth rates and budget execution rates, which are both really big factors in swinging the analysis one way or the other. The assumptions that we used, we assumed that population would continue to grow at two percent a year. That our personnel costs would be three percent a year. In reality we know that it's lower than that, because we do have some churning that goes on in the workforce that impacts that. Our cost construction inflation would be 3.2 percent and that's based on current estimates. Our operating expenses are lined historically and, then, projected execution rates will meet expectations. So, that's an important assumption. For both the operation divisions, as well as the construction divisions. The approach here is to model the attempts to anticipate current revenue needs based on future operational capital and regulatory requirements. To that end seek to stabilize and manage our utility rates in such a way that we avoid large step function rate increases and continue to maintain a pay-as-you- go financing strategy going forward. This is the result of that modeling putting in the input at 95 percent execution rate for personnel and operating expenses and 75 percent for construction. That seemed to be reasonable based upon our historical performance over the last couple years especially and given our improvement in performance on the construction execution rate it seemed reasonable to kick it up from 72 percent, which is last year's number, to 75 and the expectation is that we would reach an 80 percent plateau in this CIP time period of 2014 to 2018. So, this is the effect of all of that. You see that -- this is a familiar chart. You see the reduction in reserves for wastewater comes down pretty significantly driven by the projects that are aimed at meeting the regulatory requirements and improving the capacity and efficiencies at the wastewater treatment plant. You also see that water is just on a steady gradual increase over this time frame. These two utilities have really swopped positions based upon how this looks compared to previous years when wastewater was kind of the one holding the growth and water was going the opposite direction. So, in total we have reserves over the time frame that range from 13 and a half million in today -- at today's level and growth to 14 million, which is a modest four percent over that time frame of five years. Our ending fund balance will stay pretty constant and pretty stable over the course of that time, with a balance as low as 19 million in 2017, as high as 24 million 693 in 2014. Then looking forward we want to continue to do annual planning to mitigate uncertainties and risk around growth, around assessments, and the revenue that comes from that regulation. Particularly as it relates to our NPDES permit, which we still don't have complete insight on, but we do have some -- some ideas about that based on conversations and what's happened in other areas. And we want to also be aware of our needs of replacing assets that's part of the infrastructure life cycle and at some point in time we will begin to do that in -- probably in 2014 we have about ten million dollars in assets that will need to be replaced. Fund management strategy to prevent wide fluctuations in the fund balance and rate increases. We want to avoid those step functions increases, but we may need to have small inflationary increases kick in here in the next year or so to start insuring that we don't drop too low in our funds and, then, have to come back with a much larger increase at some other time. Our long term capital improvement requirements are 54,100,000 over the -- this next five years and Meridian City Council Workshop April 9, 2013 Page 18 of 45 you can see the distribution of that between wastewater and water. It's very much skewed toward wastewater. And then in 2019 to 2023 it will grow 33 percent to 70.5 million. This is actually a little bit more than it was last year for the 2014 to 2018 time frame and a little bit less further out in the 2019 to 2023 time frame. In both cases very heavily weighted toward the capital expenditures associated with wastewater treatment. These are the projects that five of them specifically in this time frame that total about 19 million, so that's a fairly sizeable percent of the 53 million that relate to the wastewater treatment plant and the largest of those is the IFAS aeration basin reconfiguration, which gives us additional capacity to remove phosphorus and nitrogen from the system. Four of these are kind of focused on that effort and, then, the lab building expansion you have heard about and that's specifically tied to regulatory requirement. This is another slide that we borrowed from Stacy. We thought it was particularly good, because it reminds us that someday and probably well beyond the time that we have on this earth for the people that are in this room, but we have a 200 -- about 240 million dollars in assets that will need to be replaced, as well as any additional assets that we continue to add to the installed base and it's difficult, if not impossible, to determine exactly how much money is required to fulfill that, because we don't have a crystal ball and we don't always know the aging of some of this infrastructure. For example, we are using different materials now in the construction of wells and in the construction -- in the pipe construction than we have in the ground that was placed there 50 years ago, so -- but we don't know the aging of plastic, for example. If we assume that we have a hundred year life, no inflation and no interest income, then, we would have to save 2.3 million dollars a year to replace just the assets that we have in the ground today. That's a pretty amazing statistic. Pretty amazing thought. And so to that point we really tried to emphasize this save now and spend later concept, so that we have the funds available when they are needed and we don't have to go out and find a different way of funding those assets. And, then, most utilities built it into their rate system and those that don't take crumbling systems that they cannot afford to replace and they are faced with a situation that, unfortunately, in some cases could even bankrupt the community. That's a big job, but we are starting early in the process and most of the assets have been added recently. In fact, in the last ten to fifteen years and so we are fortunate that we will get a pretty substantial life out of them with the funding that we have now. So, the recommendation is that there will be no rate adjustment in 2013. And I will stand for any questions. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Not a question, just a compliment. Thanks, John. Very nice presentation. Very clear and concise. Appreciate it. And no rate adjustment makes nice for me. De Weerd: Okay. Other comments? Meridian City Council Workshop April 9, 2013 Page 19 of 45 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Thank you, John, for the presentation. Certainly the slide that has the most impact is the last one and that's always good to know. •' _1 De Weerd: Mr. Zaremba. Zaremba: I just appreciate the forethought that goes into this and looking ahead and, of course, as with the others I'm thrilled with the results this year that it doesn't need a rate adjustment, but that -- what you have been able to do is make me confident that that decision not to need a rate adjustment is based on sound economic planning and with the foresight that we will have the ability to replace the facilities that need to be replaced as we go and do the maintenance and upkeep and we are not passing along a surprise to somebody 15 or 20 years from now and I really appreciate that part as well. So, thank you for your presentation. De Weerd: Thank you. Any other comments? Okay. Thank you, John. And thank you to all the staff. I know the messenger gets the kudos and any of the arrows if it happened to be that last line was different, but I know there is a lot of thought behind it, having sat through the budget line by line criticisms with you all over the last couple weeks. So, we appreciate your stewardship, the diligence that you give to the budgets and the just -in -time financing as was shown, we appreciate the more actual and relevant approach that you give our annual budget. So, kudos to all of you and thank you, John, for your presentation. McCormick: Thank you, Madam Mayor. Division'sB. Public Works: Budget Amendment for Replacement of the Wastewater • D51L High• • Centrifuge • rSeparation for • • - - d Amount of 11 C. Public Works: Sole Source Form with Andritz Separation Inc. for - Purchase of • • • Decanter Centrifuge for Not -To -Exceed Amount of $214,355.00 De Weerd: Okay. Our next item, Item 9-13 is Public Works, a budget amendment, comments from Tracy. Crane: I'm glad he left it on a happy note. Bird: Because you're asking. Meridian City Council Workshop April 9, 2013 Page 20 of 45 Crane: Madam Mayor, Members of Council, thank you for your time. I'm seeking approval today on, actually, two requests. The first is a budget amendment in the amount of 214,355 dollars to replace a damaged centrifuge and, then, if we get that approval the second would be approval of the sole source form to purchase the centrifuge from Andritz Separation. One of our two centrifuges sustained considerable damage from struvite precipitation. I'm sure you have heard struvite before. It's a hard crystal compound that's made up of magnesium, ammonium, phosphate common in wastewater plants, especially those that do biological phosphorus removal. This centrifuge developed a small leak under its fiberglass cover and it grew and it literally etched a grove all the way around the bowl, causing structural damage much the way a woodworker would work wood with a lathe and so because of that it was discovered, factory technicians were brought in and marched to a 15,000 hour overhaul of the equipment and when we pulled it apart we found the damage. We looked at a repair quote through the factory service people. The quote was 114,000 dollars. The machine literally has to be pulled out and shipped to West Virginia, rebuilt, shipped back. Eight to 12 weeks. During that time we would be down to one centrifuge, which would be -- we would need some kind of contingency plan as a backup, because we produce 55,000 plus gallons a sludge that must be dewatered on a daily basis. So, although we have another centrifuge we would be at increased risk if something happened to that of scrambling, so with the contingency plan and all that, the total costs are around 137,000 dollars for the repair option. So, after we got that we took a look at what it would cost to do a direct replacement of the centrifuge and, then, one that would just bolt directly in place and, wouldn't you know it, the factory just happens to have one that's coming off the line and could be available in a couple weeks. The cost, though, is 214,355. That includes some factory technicians a few days to install it. It's a complete unit. Ready to ship. It could be here. We are recommending that option, because the repair has such a high cost and the turnaround time. The repair cost to the existing was about 64 percent of the cost of a new one and when we get done we will still have about 15,000 hours' worth of use on the rest of the equipment and, then, we can keep this one. It was running when we tore it apart and I instructed them to stop and it's back together and it could be ran in an emergency process. Of course the factory doesn't recommend that, because it had some structural damage, but it could be sitting on -- on the grounds on the site and we would have -- whether it was for parts or emergency to keep the other two running. It has the shortest turnaround time and it also would supply equipment under a new factory warranty. So, with that I will stand for any questions on the centrifuge purchase. De Weerd: Thank you, Tracy. Council, any questions? Bird: I have none. Rountree: None. De Weerd: Okay. Do I have a motion on this item? Meridian City Council Workshop April 9, 2013 Page 21 of 45 Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Mr. Rountree. This is a perfect example of one of those things you don't plan for, but happen, and having said that, I move that we approve a budget amendment for a new centrifuge in the amount not to exceed 214,355 dollars and move forward with the sole source acquisition through Andritz. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-B. If there is no discussion -- Bird: And C. Rountree: And C. Hoaglun: And C. De Weerd: And C? Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Crane: Thank you very much. De Weerd: Thank you, Tracy. Crane: We appreciate your support. D. Public Works Department, Environmental Division Departmen) -•• -- Schedule Update De Weerd: 9-D is under our environmental division and I will turn this over to Mollie. Mangerich: Thank you, Madam Mayor, Members of the Council. I'm here seeking Council approval for a proposed fee schedule for the environmental division's industrial pretreatment program. First and foremost I want to communicate to you that this is not a request for an increase in an existing fee, but, rather, distribution of the fee across function areas of pretreatment staff. Our pretreatment staff conduct a variety of functions in order that we may meet EPA's regulatory requirements for a pretreatment program, from facility compliance inspections, sampling, to meet our local limit water Meridian City Council Workshop April 9, 2013 Page 22 of 45 quality standards, permitting, technical assistance, extensive data management, education and providing enforcement when necessary. Two other functions are completed by our pretreatment staff and that is plan review and final field inspection. For example, in fiscal year 12 we conducted 192 plan reviews comprised of new construction and tenant improvements, with the majority of those being the IT's. Fiscal year to date we have completed 135. So, we are looking to meet if not exceed plan review. In the past a flat fee of 150 dollars was placed on the plan review function and there was no fee to be charged whether a final inspection was needed or not. In order to more equitably distribute fees where service is provided, our proposed fee schedule is at 75 dollars to be placed on the function of plan review and, then, 75 dollars fee be placed on the function of final field inspection when necessary. We find this to be more equitable and compatible with business practices and I'd stand for any questions. De Weerd: Thank you, Mollie. Council, any questions? Hoaglun: Madam Mayor and Mollie, just to make sure I understand, so the fee remains 150 dollars, but you're just breaking it out to the plan review and site inspection just to differentiate what the costs are for each one? Mangerich: That is correct. Hoaglun: Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: A point also is if you don't have to have a site inspection, which saves the applicant 75 dollars. Mangerich: Absolutely. Bird: I think it's a very good plan, Mollie. Mangerich: Thank you. De Weerd: Any other questions from Council? Mangerich: Okay. De Weerd: Thank you so much for the update. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council Workshop April 9, 2013 Page 23 of 45 Rountree: Question for Mr. Nary. We have a resolution in our packet concerning this, but no number. Can we act on the resolution and do we need to just move forward to the resolution? Nary: Let me pull it up real quick. I was looking, Madam Mayor, Members of the Council, Council Member Rountree -- oh, maybe Mollie has an answer to that, because I think we have to advertise this change, but maybe -- Mangerich: Thank you, Madam Mayor, Council Members. Emily provided me with the order of go of what to continue with and we have already placed out in the Valley Times public notices -- Rountree: Okay. Mangerich: -- that's per required. So, today is my Council presentation. On April 11th Emily will be placing a public hearing and resolution on Council agenda. Rountree: Okay. Thank you. Bird: Thank you. De Weerd: Thank you for the clarification. De Weerd: Okay. Item No. 9-E is under the Fire Department. Chief. Niemeyer: Madam Mayor, Members of the Council, good afternoon. I'm going to ask Jacy real quick if we could pop that PowerPoint up. While we are getting that ready and after watching John up here I'm scared to touch this thing, so I will get through it as best I can with electronics and while we are getting this ready, as the agenda indicated, I am here to present the EMS Ada County -City Joint Powers Agreement. I will tell you I'm very proud to be standing before you today to talk to you about the presentation and talk to you about the agreement I think that over time we are going to look back on this day as very historic, very proactive looking at how we can sustain EMS in the future within Ada County for all agencies. So, with that, before I do get started I do want to introduce a couple of distinguished guests here with me. They are sitting behind me to the right. And starting on the left is Mike Irvan, a former boss of mine, and currently the fire chief at North Ada County Fire District. Sitting next to him you recognize by all these gentlemen, Renn Ross, the fire chief with the Whitney Fire District. Darby Weston is now the director of Ada County Paramedics and sitting next to him is Chief Dennis Doan with the Boise Fire Department. Steve Rutherford was here, but evidently he had a dinner reservation at some fancy restaurant that he had to get to, so -- which is good, because if I go past 5:00 I'm going to have to buy him dinner anyway and I can't afford Steve. So, this is going to be good. Why are we here? And I will let you read the slide if you'd like, but -- but, in essence, EMS for 35 years we have been putting coins in a Meridian City Council Workshop April 9, 2013 Page 24 of 45 slot machine hoping that we hit the jackpot of collaboration, cooperation, and as you know what we have seen is an era of lawsuits and jurisdictional boundary issues and patient care issues and while we have had small wins here and there, we haven't had a big win and to put it plainly, the fire chiefs and the director of Ada County decided let's quit gambling and let's create a future that is sustainable that is full of collaboration and cooperation to find efficiencies in the structure of EMS service delivery to reduce or eliminate service duplications, to get our elected officials involved, to get our chiefs involved, to get the medical community involved and really create a sustainable future long after we are gone. And that is certainly one of the bucket lists that I have had in my career so far as the fire chief here in Meridian. So, that's a little bit of background. Getting deeper, this has been a process that has taken two years and Director Hagen, the former director of Ada County Paramedics was a part of this process before he decided to move to California. We are still questioning that -- that mind set and decision, but that's what he did and so Darby has taken over greatly in his position. But going back even further -- and Councilman Bird will smile at this. We really gave three or four years of our life prior to this on the MSO task force and we were trying to develop statewide legislation that would recognize and essentially regulate EMS systems. What we came up with at the end of that when the legislation failed is that Idaho is so diverse you can't create a one size fits all for Idaho. You have to look at that local set of issues and really create a system at the local level. So, two years of discussion and debate, it's no secret we had to lick some old wounds and get them healed through this discussion and we did that and, then, we had a time of reflection, of analysis and collaboration to finally come up with the EMS Joint Powers Agreement that we have before you. The core principles and outcomes, we sat down as chiefs and as the director and said what do we want to see out of this. We can build this system new. What do we want to see. We came up with that content and, then, we handed it over to the lawyers and our direction to the lawyers was very simple, make it legal, but don't change what we are trying to do. And so they did a great job of that. Steve Rutherford represented the city and he was in constant communication with Bill Nary and Ted Baird. I'm forgetting who represented the districts. I just -- thank you. Bill Gigray represented the fire districts and we had one more -- Amber Ellis represented the county. And so we had all three different facets of this involved in looking at the legal side of things. In a nutshell, the makeup of this is very simple. As you see before you, there is a joint powers board. We are going to get into every one of these quickly. And beneath the joint powers board is the administrative committee and the medical director. And I know, Councilman Bird, this will look very familiar with what we discussed in part of the statewide legislation. So, getting into it, the joint powers board, this is the board that has final authority over all matters of EMS. This is the political authority and what we have is one representation or one representative from each member agency, the county will have two, on this board. So, the City of Meridian is the EMS agency licensed holder for Meridian. The city of Boise is the EMS agency licensure holder for Boise. We have Eagle fire. We have Star fire. We have Kuna fire. We have North Ada County fire and we have Ada County Paramedics. Those are the member agencies that we are asking to sign onto this agreement. I just do want to mention briefly Chief Regal is not here, he was hoping to be here to show his support as well that -- Fire Chief Regal. His father has had some health issues and he's dealing with, so he did Meridian City Council Workshop April 9, 2013 Page 25 of 45 want to pass on his apologies for not being here. The joint powers board. What will they do? They will receive recommendations from the administrative committee and the medical directorate. They will approve standing operating procedures for the system. They will adopt the system medical protocols. They will approve the budget and financial plan. I want to take just a second to talk about this as we presented yesterday to the Ada County commissioners board. They had a question about that. This system will have a budget. To start off with currently the Ada County Ambulance District receives 80,000 dollars a year from the state in what's called license plate money. That's money that is generated through the sale of license plates. It's designated to be used for EMS in a given county. So, that will be the first bit of financial input to the system. After four years over time as we find efficiencies, the current Ada County Ambulance taxing money will, then, go into the system as we find those efficiencies and, likewise, this financial plan and the way we have it outlined in the Joint Powers Agreement, it will allow for cities and districts also to contribute to the system. An example of that is very simple. We have in our budget a line item that says medical supplies. One of the things we want to see out of this is instead of me buying medical supplies and Darby and Chief Doan buy medical supplies, we buy it all at the same time under one contract and that's going to lessen our cost. To do that we will collectively need to put financial dollars into that plan to make sure we can cover that cost. So, that's what we talked about when we say approve the budget and financial plan. Approve the deployment plan to response performance standards. Again, we are looking to eliminate or reduce redundancies in the system. So, after we go through this process of getting a Joint Powers Agreement signed onto, the next process will be all of us sitting down to develop that deployment plan and to develop that operations plan, so that we look at those deficiencies and find them. And lastly -- and the Mayor and I had a lot of discussion about this one. Unanimous consent is required at this level. We figure that -- as we will see next the administrative committee if we can't bring a good solid recommendation to this joint powers board made up of elected officials, we probably shouldn't bring it to you. We should be able to bring you a presentation, whether we are talking about medical protocols, response planning, deployment planning, a future station allocation or locations -- if we don't bring that to you and it's a solid recommendation we are in trouble and it should come back to us. And so we understand that it's going to take a little longer to get things done looking at unanimous consent, but we really wanted an all in Joint Powers Agreement and that's exactly what this is. So, looking next at the administrative committee that would be made up of the chief administrative -- administrative officials from every agency, so myself and the members you see behind me. What are their duties? To provide the operational expertise to develop and recommend system standards to the board, to develop and recommend the system operating procedures, the deployment model, the financial planning, the QA-QI process for the system, to provide active coordination between the member agencies and to solicit and incorporate stakeholder input. That stakeholder input could be the hospitals. It could be the Central Health District, those other entities that could have input into the system, depending on what we are talking about. Lastly, the medical director. Over time -- at one point we had five medical directors in Ada County. We each had our own and that created some problems, because our standing written orders weren't always the same, so field treatments were different. We had Meridian City Council Workshop April 9, 2013 Page 26 of 45 clashes on scene because of those differences. What we are saying here is under this Joint Powers Agreement we are going to have two medical directors and the reason we picked two -- ideally we would like to have one -- but right now we have two very significant hospitals on our -- in our county, St. Alphonsus and St. Luke's. It has been historically over time to grab one emergency room physician from each one of those hospitals to represent the medical director and so that's why did it this way. What is their responsibility? To develop the system's medical supervision plan. This is a requirement by the state that we all have to develop a medical supervision plan. It doesn't make a whole lot of sense if we have one here, Ada County has a completely different one and Boise city has a completely different one. We all operate under the same system, so we will have one medical supervision plan. Clinical management and oversight with a common direction for all agencies. Establish the scope of practice. In other words, what levels of licensure are we going to have here in the system. To solicit and incorporate input from the medical community. Those two docs have a lot of connections when it comes to the cardiologists, the neurologists, et cetera, et cetera, so they will solicit that input. And to identify opportunities for improvement of the medical care within the system. So, outcomes. What were we looking for as we develop this. Well, first of all, we were looking for all in. We discussed this at length at the state code task force as well. How do we keep people from taking their toys and going home? That's been the mantra of the past and we didn't want that to go into the future. So, what we said by all in is once you sign onto this we are all in and we are committed to being married for life. If you decide you want to take your toys and go home that's great, but you will probably not provide EMS service in Ada County any longer. And to back that up, the state bureau has seen our presentation, they have seen our Joint Powers Agreement, they support it fully to the extent that they are willing once we get this done to put more local control onto us to license people within our system and take it a little bit away from the state and I think that's a good thing when you can get some more local control right down here in Ada County and in Meridian. So, that is the all in commitment that we have. We wanted common medical direction. We didn't want multiple docs out there overseeing EMS any longer, we wanted two docs to give us the direction that they want us to take. We wanted a common deployment model. I think that we can identify areas within the entire county where we have got duplication of service, where we have overlapping stations, where we have these types of things, because they were never thought of ahead of time to collaborate them with each other to truly develop a system that best represents optimal patient care and taxpayer benefits. Joint purchasing abilities. We hit on this already. Establish process to share resources. There is no sense in some of us duplicating some of the resources we purchase when we can share those resources. It does have representation of all agencies, which was a common theme as we went through this and collaborative development of the optimal EMS system. So, with that, in closing, I will say that as we started to develop this we started getting down to the weeds a little bit on let's develop the deployment now. Well, we knew that we had to have a foundation to build a house. If we are going to build the walls and the roof we have to have a concrete foundation and this Joint Powers Agreement as it stands outlines governance, it outlines the finances and outlines medical direction and as we evaluated EMS systems across the nation those are the three things you have to have in place first to get that house built. Meridian City Council Workshop April 9, 2013 Page 27 of 45 You have to have that foundation before you start working on the others. So, with that we are here to answer any questions. I do plan on next week bringing a resolution and the official Joint Powers Agreement for consideration of signature. We have presented this already to the board of the Ada County commissioners and in Commissioner Yzaguirre's words: I never thought I'd see the day. In Commissioner Tibbs' words it was a little bit more explicit than that, I guess. He's been around a long time and has seen some of these battles and some of these issues play out. All agreed this is a very good thing moving forward and a very good direction. So, I would ask for your questions and any thoughts you might have. De Weerd: Thanks, chief. And, indeed, this is years in the making and our congratulations to the tenacity of those that stuck with it and brought it to the conclusion. This is -- this is a big win. So, Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Thanks, Mark. We have had this copy for -- Rountree: -- an hour, hour and a half. I have had the opportunity to peruse through very quickly eight pages. Question for either you or Bill. Is Meridian -- by definition inclusive and have the authorization of the rural district as the signature? So, they are not -- they are not a signature of this, so is that recognized? Niemeyer: That's a great question. Yeah. We looked at that and I mean I have spoken with the attorney for the rural district and by our Joint Powers Agreement operationally we are the EMS agency licensed holder and so, therefore, we do sign onto. We are -- with that said, we are doing information meetings with those districts as well, so tomorrow I'm providing an information meeting to the rural district commissioners. They are aware that we have been working on this, so that they are informed that this is taking place. So, I'd defer to Mr. Nary as well on that -- on that answer. Nary: He's right. Rountree: Okay. Thank you. No matter how I slice and dice the definitions and the articles establishing who the parties are and the membership on the board, is that Ada County has three representatives, not two. They have two for the district and one for Ada County. Niemeyer: It should be two county commissioners will serve on the authority board. On the joint powers board and, then, down below at the administrative authority, Director Weston will be serving on that, along with the other fire chiefs. Meridian City Council Workshop April 9, 2013 Page 28 of 45 Rountree: But that's not what it says. It says the joint powers board membership, one elected official representing each party and each party is identified in your articles and Ada County is a party and the district is a party. So, Ada County is a party. There is one. And two elected officials from the district. Niemeyer: Good catch. Rountree: So, to me that's three no matter how you count them. Bird: You're right. Rountree: So -- and your definitions lead you to the same conclusion. So, I have a question about why and if the intent is two, let's get it two. Niemeyer: The intent is two. Rountree: All right. You talked about the consolidation of purchasing and that's -- that's great and that's about as far as I got. But I do have a question on -- on one of the points there. It talks about acquisition hold, but it also talks about disposal of real and personal jointly owned. How -- how is that going to be accounted for? To me that sounds like it's going to create an accounting system that I don't think you want to go to and I'm not sure we want to go to. Niemeyer: Sure. I can tell you,. Councilman Rountree, in the discussions -- all of the joint purchase items from the system would be in the Ada County Ambulance District budget. We identified that as the best placeholder for that line item for those dollars. The language regarding acquisition or dispersal of real property is by district language in how they dispose of, acquire property or shared property or shared resources. So, that's about the best answer I can give you right now. I'd certainly ask if any of my colleagues want to chime in, but that's generally what's been discussed. Rountree: If it's a gentlemen's agreement and everybody's a gentleman it works, but sometimes it doesn't. Niemeyer: Yes. Rountree: Anyway, I had a question there. The last question I have on those first eight pages -- when you talk about the withdrawal -- and I think that the intent of what you have accomplished there is good to keep everybody playing, but I think you missed one withdrawal and that's the withdrawal if this doesn't work you need a way to disband this group and you don't. Basically you sign this agreement and you're stuck, unless you meet the five -- I suppose you could all raise your hand or by a majority vote you can disband, but it doesn't say that. It says, you know, unless you can't afford it or somebody is doing something illegal or there is a material breach or you consolidate a couple entities, you're forever. So, I think you ought to add another one that at least disbands the organization if, in fact, it doesn't work and I'm not presupposing that that's Meridian City Council Workshop April 9, 2013 Page 29 of 45 going to be the case, but -- so we don't get into a legal argument at some point in time in the future if that happens. Take care of it now. Niemeyer: A few comments and I will certainly follow up with Mr. Nary to -- Rountree: And I'm not through yet, but -- De Weerd: So, I guess, Council, you need a chance to review this and, Mark, you had mentioned coming back. Niemeyer: Yes. De Weerd: So, why don't we have comments at that time. If you have anything to add, please, get them to the chief and if you will cc the -- the others, so they know the comments. Niemeyer: Perfect. De Weerd: Okay. Any other questions or comments at this time? Bird: I have none. De Weerd: You know certainly -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I have one that can probably be disposed of fairly quickly and it's typically a sideways question. My question I guess is about the customers. Is there any tracking or reporting back procedure if any one of the agencies is reporting to a certain house far more often than anybody else's house -- and I mean the hospital emergency rooms have an issue with people that are using that as their standard medical care. Niemeyer: Correct. Zaremba: Do we have any way of tracking that and would that be system wide tracking and -- Niemeyer: That's a great question, Councilman Zaremba. Currently we do have that ability, but because we have somewhat lived in silos our data is ours, Boise's is theirs, and Ada County is theirs. Under this system this would be a shared data model as well, is one of the things we have talked about as a huge potential. So, being able to acquire that information ahead of time, so that all agencies are aware of that very issue and recognizing even a threat to a house, if we go on a call and we have somebody that has a gun underneath their wheelchair, for example, which is what we just had recently, we Meridian City Council Workshop April 9, 2013 Page 30 of 45 would have that information and, then, be able to distribute that through the system so that everybody is on the same page. Absolutely. Zaremba: Thank you. De Weerd: Anything else, Council? Bird: I have none. De Weerd: Thank you, chief. Niemeyer: Thank you. Legal Department Report: Historic Preservation Commission Seat Designations• Appointments De Weerd: Okay. Our next one is our Legal Department with the Historical Preservation Commission. Nary: Madam Mayor, Members of the Council, this one should be pretty quick. I actually have two things. Just to back up for one minute on the TUP ordinance, you opened it as a public hearing and, then, you closed it as a public hearing, but it's really a public comment and we have actually noticed it for the next two weeks for public comment. So, I just wanted to be clear that that was -- that was your intent was to allow additional comment to be made. So, unless we hear differently that's the way we would treat it, because it's not a public hearing on the ordinances. But I just wanted to make sure that was clear on the record. The other matter, though, the one in front of you, the Historic Preservation Commission, we have had a discussion actually for a couple of years on appointments on making sure we stagger the terms of the commissioners and it somehow did not get accomplished, which I apologize for. So, what's in front of you tonight is an ordinance that will be in the next section, the Section 10, with the appointments as well of the commissioners, because, actually, all are expiring at the same time, to stagger their terms so there is one that goes -- that's only for a year and, then, will expire three years, hence. One that goes off -- the two that go on for two years and expire three years hence. So, they will be three year terms, but we are going to stagger them for the next group, so that we make sure that they don't all expire simultaneously. So, it's one, two and three, they all expire three years subsequently and the -- like I said, it's on your Item 10-B for the ordinance change and 10-C for the resolution appointing the specific commissioners to their seats, so it's just giving you a heads up about both of those changes. De Weerd: Any questions from Council? Bird: I have none. Meridian City Council Workshop April 9, 2013 Page 31 of 45 G. Resolution No. 13-918: Appointing Historic Preservation Commissioners to Designated Seats Item Moved to Item 10C De Weerd: Okay. Item D is moved down to Item 10 and a new C. Continued from1 • Discussion • Room Reservation• De Weerd: And so we will go to 9-H, which is continued from March 26 and it's a discussion on our room reservation policy. So, Jacy, I will ask you to comment at this time. Jones: Thank you, Madam Mayor, Members of the Council. I had a PowerPoint that I'm going to launch and, then, head down to the podium. De Weerd: Okay. Jones: Brief pause. Thank you. So, Madam Mayor, Members of the Council, we are here to talk about an update to our room reservation policy. As many of you know, the policy was talked about originally back in early 2008 before we actually moved to the building, so we have had a few years to play with it and see how things have sort of sorted themselves out in the last couple of years and we would like your guidance moving forward. As you're aware, the original intent of the room reservation policy was, first of all, to allow our own staff to have access to that for various training meetings, HR, things like that and, then, of course, to open it up to the public and our citizens. So, the HOAs would have access to a fairly low cost room that they could use for their meetings. It also has a nice facility. We wanted to make sure that we could use it to inform the public of any upcoming road projects. We have used that a lot in this. We find that really successful. And, then, of course, we wanted to really limit it to business type meetings and hopefully prevent it from just being a really inexpensive way to host a bridge meeting or things like that we have had come up as questions. So, that's sort of what the original intent is. Highlights of our current policy -- you have the total policy in your packets, so I won't read through this, but I mean this is -- this is generally what our intent was and what we have learned is when you don't spell things out exactly right some things are a little bit in the gray and people fill in the blanks a little for you. So, that's where we are at. What we are not supposed to be doing is obviously the for profit ventures or other commercial enterprises. We specify that in the policy and, yet, when we have certain groups use the rooms we do have to almost reiterate it again, because they are salesmen or realtors, things like that, and we have tried to make a very clear line between providing information and promoting a business. I think businesses can definitely provide without handing out business cards and hoping to generate clientele out of that. We hope that the furniture isn't removed or added to the rooms without authorization, largely because of staff time. The table and chairs are heavy and so they are choosing to do that. We like the advanced notice so that we have time to plan for that and we do respect -- you know, ask that they respect the property. We don't want there to be damage to the building. We ask that they clean up after themselves, that Meridian City Council Workshop April 9, 2013 Page 32 of 45 kind of thing. Our current fees right now are 25 dollars for the first four hours and 50 dollars for the -- any usage over four hours. The fees are doubled, obviously, if they use both of the rooms. You have a list there and there is the complete one in your packet as well, the groups that we currently have in the policy as being exempt from the fee. If you notice, we still have COMPASS in the policy. COMPASS has their own building now, so now they are using that. VRT then -- again, VRT uses COMPASS's building. So, there is some updates that we think could be made to that area and, then, typically refunds, we only issue in cancellation within 48 hours with an advanced notice. In my knowledge we don't issue refunds very often in this at all, just because once you get down to that 48 hour period the meetings have already been noticed or the public attends meetings or the groups are aware that it's happening and so it just tends to move forward at that point. So, here is what actually happened last year. We collected 1,800 dollars in fees. We had 23 homeowners associations use the room. Not all of those are Meridian HOAs. Two political action groups, ten developers used it for neighborhood meetings and, then, we had a standing meeting with the city of Ketchum for their insurance meetings. And, then, there is 46 additional groups who use them regularly who do not pay a fee, that's just a sample, obviously, but that's not all of them and we have provided a list in your packets as well of everything that -- you know, every group that used it. So, we are talking 475 meetings were coordinated and held in the Council conference room or rooms A and B. So, for our staff an estimated 15 to 20 hours of our staff time is spent each week handling room reservations. This has sort of fallen under our administrative assistant's job and so right now Holly coordinates that. She's been working with IT to develop a new calendar system that is through Outlook so it's available in all of our employees' computers, so they can basically access and know what rooms are available at what point. It's also broadcast on the web, so that homeowners associations or those groups that do use them more frequently can log in and check the availability from home, which we hope should help alleviate some of that time that Holly spends on the phone scheduling those, but -- so she does schedule and coordinate the standing meetings. There are groups that we knew rent, you know, the first Tuesday of every month and so she works all of that. She posts directional and welcome signs for all of the groups, especially ones that are in meeting room B, because oftentimes if the wall is closed for meeting room A other groups cannot see the entrance to meeting room B, so she generally puts one in the lobby and, then, in this main hallway out here just to kind of guide. We open and close the walls between rooms A and B, which sounds like a silly point, other than it takes two staff members to do that. So, if we are changing the room several times during the day that's two staff people that have to get away from the phone to do that, which can be a little bit of a time crunch. Holly is the go to gal as far as the AV system. One of the things that the policy does request is that if they need AV help, that they have coordinated that in advance. What we have found is that doesn't always happen and so Holly oftentimes, to the best of her knowledge, goes in there and assists and, then, of course, IT comes in and helps when they can. We have found out that we also do a lot of organizing of the rooms, chairs and tables, and we clean up after the meetings a lot. And when we are talking clean up, we often have John help us, because it's things like vacuuming, wiping down the tables, or finding that people bring in food, but aren't always respectful of the space. So, that's sort of fallen under our -- our other tasks associated with this. So, moving Meridian City Council Workshop April 9, 2013 Page 33 of 45 forward, we would like just your guidance. These are some of the questions that we have been working on and I'm more than happy to answer your questions and, then, take your feedback. We can bring this back for a future meeting, so you have got some time to look through everything that's in your packet. But this is just an issue. So, should one sponsored meeting for an organization mean all future meetings are free? We have had an issue where a homeowners association has had a staff member attend their meeting and so their fee has been waived, but, then, the homeowners association will call and say, well, last time you didn't make us pay the fee, so why do we have to this time. And, again, it's not spelled out in the policy, so we have explained that as best as we can, but I think having something in the policy that defines those situations would be really helpful and, again, does a city employee attending the meeting mean that the reservation fee is waived. I think what we have talked about is when a city employee is sponsoring the meeting that we would waive those fees, but does attendance in itself mean that there shouldn't be a fee for that. When a city staff sponsors a meeting should they be a part of the setup and cleanup process. That, again, is one of those things to sort of be respectful really of Holly's time and her time away from the phones and assisting the general public as they walk in when she is gone, the citizens at large sort of lose that benefit. Do we want to increase fees, possibly, to compensate staff time? And, then, the other question that has come up, too, is, obviously, we need to update the list of groups that do not pay fees. Right now we don't charge a fee at all when Labrador's office has used a room. Part of that is their lease with us, but we have had other local politicians -- Senator Fulcher, for example, who have asked to use a room and we haven't charged the fee for him. Do we want to have it in the policy just to make it clean across the board. So, that's sort of our thought on that. We just think it's time that we update that a little bit and more focused on the fact that it does require a good portion of one of our staff member's time, probably a half time job for her during the week, which is completely fine. I just don't know if that's what our intention was going into it. So, with that I stand for questions or would take your direction and, of course, I guess if you would like some time to review we can bring this back in a future meeting. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, maybe to add a little bit onto what Ms. Jones said, when we -- when we established this policy in 2008, we tried to model it after the use of the police's public meeting room, so that's where the fee originated from, because that was what we were charging for the police room and so I think it's appropriate for the Council to consider, you know, what we are talking about, because, obviously, our use has become significantly more than the police. I have asked the police -- I asked Chief Lavey and Deputy Chief Basterrechea if they have experienced any significant changes to their use and they really haven't. I mean they certainly used it, but it's used predominately by law enforcement personnel, it's used predominately -- I mean it isn't exclusively, but certainly the rooms here are used greater by the public than our police facility and it may be access or use or whatever, but it's -- it's certainly Meridian City Council Workshop April 9, 2013 Page 34 of 45 used to the benefit of the community, which was our intention, but there are some things -- the clerk's office usually asks us the same questions on should we charge for this or not. Is this one within or without the policy. The idea was to get -- like she said, it was to make sure we weren't supposed to be -- you know, having birthday party rooms and we weren't supposed to be the place for people that wanted to go out and sell things, it really wasn't trying to be that, it was trying to be community access and I think we have done a pretty good job of it, but I think just the questions that we have seen come up and ask that you should at least weigh in and I know you have got other business that you might want to attend to, but we wanted to make sure we introduced it and if you wanted to do it later or come back, give you some time to digest that, we can certainly bring it back on a future meeting. De Weerd: Jacy, I think it would be helpful to get the PowerPoint to Council and let them look at it and give it some thought and have it on a future meeting agenda. Mr. Rountree. Rountree: Madam Mayor, maybe I missed this, Jacy, but are -- are the fees that we are collecting sufficient to at least take care of the facility? I know they probably don't even come close to taking care of staff time that gets devoted to some of this stuff. Are there any things that we have to do in terms of fixing broken chairs and taking care of the carpeting and all that kind of -- is that pretty much being taken care of by the fees or -- or is this a cost center to us, as opposed to something else? Jones: Madam Mayor, Councilman Rountree, Members of the Council, yes, we are collecting enough in fees to cover for our costs. Luckily for us the tables and chairs are really really heavy, they are high quality, as much as we move them they haven't seemed to be damaged. It's more things like just general cleanup, throwing trash away and crumbs and that kind of thing. So, it's more just some Clorox wipes type of situation. De Weerd: Well, I can definitely answer one of those is the staff sponsored. They should set up, clean up, and put things back how they found it, so -- Bird: We are probably the most guilty of not doing it. De Weerd: Well, Mr. Bird, you should do it. Bird: Not me. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, also maybe Council Member Rountree, the most significant cost, probably, in those rooms would be the repair of that divider wall, because it is electronic, if it needed to be moved. We had to rekey it, which cost of Meridian City Council Workshop April 9, 2013 Page 35 of 45 a little bit of money, but it was certainly covered by the fees. The original keys were only from Ohio, didn't get a local key manufacturer, so we had to send to Ohio to get a replacement. So, we had it rekeyed for that purpose. But, otherwise, fortunately, we haven't had to suffer that, but I think that would be the only significant expense from a -- from an equipment maintenance facility. I agree with Ms. Jones it is more of a staff time -- part of it is our own doing to be fair to our public that uses it. Our -- our electronic system, as all of you can attest, they are not very intuitive to people and so to then say you have to handle your own electronics in that room isn't really helpful to them. For those that meet during the day we do have IT staff that can help them or the clerk's office staff, but a night they really can't. I mean it really isn't that easy to just plug and play as people would think. So, sometimes our staff need is really a necessity, because it's just the way it's designed. So, I do want to be fair. It wasn't like they just are a staff drain necessarily. Sometimes it's just by the way it's set up, so -- Rountree: Thanks, Bill. Hoaglun: Madam Mayor, question for Jacy. The -- when elected officials have meetings I assume these are -- I think for Congressman Labrador that's a part of his lease package as he's doing that, but for other elected officials, say a state representative, state senator, those are for public meetings that are public, as opposed to campaign related meetings. Jones: Madam Mayor, Councilman Hoaglun, Members of the Council, yes, they are just town hall style meetings, so they are informational. We have not had a situation where it's been a campaign -- campaign promoting event at this point. Hoaglun: Okay. I would think there would be a -- we could separate those. Jones: Agreed. Hoaglun: As a public service versus something they have to pay for. Jones: Sure. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just in passing, as some of this was going by, I think I noticed that people are able to use the rooms up until 9:00 p.m. Does that involve a staff member having to stick around to make sure building security -- I know we have to fiddle with the timing on the locks, so that people can get into a later meeting, but when the meeting is over do we have anybody here to make sure the door is relocked and nobody's hiding in one of the bathrooms and going to come out a 2:00 o'clock in the morning do some mayhem or -- Meridian City Council Workshop April 9, 2013 Page 36 of 45 Jones: Madam Mayor, Council Member Zaremba, Members of the Council, the answer to that question is no. After 5:00 p.m. we do not stay. We provide dog keys, which are to lock the doors that are not on the key card to the general public. We lock the key card side when we leave at 5:00 p.m. and, then, we provide the dog key for somebody else, they would check it out during the day, so we keep a log of who is checking out the keys and Holly does a fantastic job of making sure that those are returned to us. As far as the security risk after 5:00 p.m., that's not something that we have experienced. know that when we have a meeting -- for example, tonight when we leave I generally make sure that the public and things like that are cleared out of the Council chambers before I lock it down and leave for the night. But on a regular basis it hasn't been an issue. It is one of the things that is part of the application we do ask for a responsible party, so if something happened we at least have a contact person that we can go back to. But for the most part anything that goes out late at night has really been homeowners associations and there are groups that we deal with all the time and sort of have a comfortable relationship and open communication with, so it hasn't been a problem as far as security. I think we feel comfortable with that. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Additional on the security, we don't generally allow the public to rent a room on a Friday evening, because, again, no one's here the entire weekend, so that's another measure of security that we have implemented and, additionally, at 5:00 o'clock almost every door in this building locks and the building is -- the building is checked prior to the end of the day by our maintenance staff, so the only -- the key card only opens that front door and it doesn't open any other door. So, once you're in the building there is nowhere else to go, except exit. So, you can't enter the stairwells, you can't enter any of the offices, you can't get to the second floor or the basement, you can only get out an exit door and that's all you can do. So, we have tried to at least eliminate the potential for damage. It doesn't mean that someone couldn't throw a trash can through the window and certainly it's possible, but, otherwise, we try to eliminate access and use so that we limit the opportunity and, then, we do have an automatic system that locks the door at a particular time, so that if the doors didn't actually -- didn't get locked by the user, it gets locked automatically by the system. Zaremba: Thank you. Both. De Weerd: And we also have security cameras, too, so -- after the fact we can see what happened. Hoaglun: One last question, Jacy. And that's sponsorship by employees. As an example, Bruce Freckleton was to host plumbers to talk about carbon monoxide, just to pull a topic randomly out of the air. You know, he's sponsoring the meeting, of course, he's a city employee, but he's doing it for a city purpose and as an employee and it's part of his job. So, we allow -- if a city employee wants to sponsor a homeowners Meridian City Council Workshop April 9, 2013 Page 37 of 45 association, they are doing that as part of that organization, not necessarily as a city employee. Is that usually how it works? Jones: Madam Mayor, Councilman Hoaglun, Members of the Council, that's a line that is in the gray area. A good example is that same -- yes. So, if Bruce sponsors the plumbing meeting, the next time that the plumbing group decides to meet, they want to meet here -- when Bruce calls and asks, we don't even have him fill out the registration form, we, obviously, just put down him as the contact and things like that and maybe the time that they are planning to be done and, then, we coordinate keys with him and locking up, et cetera. But we have had instances where, then, the plumbing group comes back again next month, they weren't aware that there was any kind of a fee, they, then, don't want to have to pay and we also present them with the form at that point, because now we are dealing with an outside group. We, to my knowledge -- and I could confirm with Holly and, then, get that information back to you. I'm not aware of a city employee asking to sponsor a group that is not related to their job or business in some -- some situation. What we generally end up with is the city employee sponsors the first meeting and, then, all other subsequent meetings are the ones that tend to sort of be confused as to who paid that fee. But to my knowledge it's -- we don't have our city employees doing that very often. I think the only thing that we do that's yearly that is more outside of the city is the bazaar that they do at Christmastime and, no, there is no fee for that one. Hoaglun: So, Madam Mayor and Jacy, I guess, we just have to ascertain if that -- the plumber's keep meeting, because it's pertaining to a future ordinance that's still a public purpose, as opposed to a private purpose. So, somehow we need to ascertain are they here for a public purpose or a private purpose, so -- Jones: Exactly. Yes, sir. Nary: And Madam Mayor? Council Member Hoaglun, the other additional type where think city employees may be sponsoring something is you may have a city employee that may be an officer in a statewide organization or countywide organization and they are hosting either a meeting or an annual meeting or something like that where we have, essentially, sponsored that, but, again, it's part of their job, it's part of their -- they are in that position in that organization because of their employment, not because of their private participation like your HOA example. Jones: Madam Mayor? Madam Mayor, Council Members, I -- just as another instance, we did have a recent C of I luncheon here and it was in conference room B and it was attended by several city employees and I believe it was originally coordinated with the city employee and we did not charge a fee for that and I think that's arguably not city related, but so many city employees attended that I think that that, again, was a little bit fuzzy as to whether or not there should be a fee for that. Hoaglun: And, Madam Mayor, considering it's -- Idaho is one of Idaho's finest -- Meridian City Council Workshop April 9, 2013 Page 38 of 45 Jones: Absolutely. Hoaglun: -- institutions of higher education, I think that was perfectly acceptable. Nary: Finest institutions of higher education. Hoaglun: The College of Idaho. No. Bird: I wouldn't argue that. De Weerd: Oh, brother. That is a stretch. Okay. Any other questions? And I think the HOA -- now is this -- when an HOA is -- is meeting, Ken goes and spends ten minutes with them, that they are counting that as the city staff's meeting? Jones: Madam Mayor, no. With the HOAs, Ken attends those in his position, but we -- Ken doesn't generally coordinate them. The HOA is actually who does that. They go through the same form they fill out and they pay the 20 dollar fee. So, there is times where Ken has or Robert has -- we have had -- you know, Caleb attended different community meetings for a developer, that type of thing and they have paid for those in the past. It's -- I would think, though, that if -- if Ken were to sponsor the meeting or start a meeting because he's a part of his own personal home HOA, that would be a situation where I would be absolutely comfortable wanting to charge that fee. De Weerd: Okay. Well, he usually attends just to give an update. It's not -- it's their meeting, he's just begging off ten minutes of their time, so -- Hoaglun: So, he's part of the agenda, Madam Mayor, is what you're saying? He's not the host, the sponsor, he's just part of the agenda? De Weerd: We usually invite ourselves. Jones: That's good. De Weerd: So -- any other questions? You may want to take a look at the list. I know staff wants some guidance on that. Anyone we are missing, some that are not relevant to be on that list any longer, so if you can take a look at that and get the comments to the clerk's office. Any other questions that -- we would seem to have discussed all of them, except the list. Jones: Madam Mayor, Members of the Council, I'm comfortable with that. I can get you a copy of the PowerPoint so that you will have that for review and, then, if you have any questions as you're reviewing material or come up with a scenario, you have got a question on contacts, myself or Jaycee Holman or Holly would be in our office and we would be happy to help you. De Weerd: Okay. Thank you. Meridian City Council Workshop April 9, 2013 Page 39 of 45 Jones: Thank you. Item 10: Ordinances reflectA. Agenda amended to - change in the ordinance Third Reading oOrdinance Ordinance Amending Meridian City Code Section 10-1-3 and 10-5-2 Adding ••'• Local Amendments to International • ` ` • • • • International Mechanical Code, and International Residential Code, - • 1iCarbon Monoxide Alarms - • Existing Dwellings, Establishing Requirements for Carbon Monoxide Alarms De Weerd: Okay. Item 10-A is the third reading of Ordinance 13-1547. 1 will ask Madam Clerk to read that ordinance by title only at this time. Jones: Thank you, Madam Mayor. An ordinance amending Meridian City Code, Section 10-1-3 and 10-5-2, adding local amendments to the International Building Code, International Mechanical Code and International Residential Code, requiring carbon monoxide alarms in new and existing dwellings, establishing requirement for carbon monoxide alarms and providing an effective date. De Weerd: Okay. At this time I will invite Bruce's comments. Freckleton: Thank you, Madam Mayor, Members of the Council. Per your request last week at the end of the public hearing period I did go back and make the requested changes. You had in the ordinance delivered that to -- to the clerk's office. Hopefully that is in your packet. As you can see we did remove all provisions dealing with natural draft appliances and the ordinance as it stands right now is -- contains the provisions for carbon monoxide detectors in new and existing dwellings. So, I was very happy to hear Mark's comments tonight with regard to the Joint Powers Agreement and the coordination that they have with their databases for the calls -- the types of calls and that sort of thing. It's something that perked my ears up and I want to talk to Mark a little bit more about that. As we hold quarterly meetings with the Treasure Valley building leadership group it would be -- it would be really good information to be able to take to those group meetings to be able to see if we do have issues that we need to address on a larger scale. So, with that I would stand for any questions you might have. De Weerd: Thank you, Bruce. Any questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council Workshop April 9, 2013 Page 40 of 45 Zaremba: Just a comment. I am fully in support of this provision and only tempered by disappointment that we are putting the other two original positions -- provisions off. I know work will continue on those to what was the first provision to require that all new construction have any of this equipment not be in the conditioned space. I know we are hoping the state will move on that at some point and monitoring that and if the state doesn't move I certainly would welcome having this come back to us for Meridian's action. What was the second provision, I can agree that that needs more work. So, for the moment I am happy that we are at least getting this one piece. I will comment -- the thought struck me out of the blue the other day. Chief Niemeyer had sent around an e-mail expressing that there have been some good successes out of the smoke detector distribution program and the thought struck me, gee, if the federal government is interested in helping distribute those might they help distribute carbon monoxide detectors and his answer was that he's already working on that with a regional group as well and my thinking is if sometime that comes to fruition we need to let the public know that they can comply with what we are talking about passing tonight possibly free if they have a need. De Weerd: Thank you, Mr. Zaremba, for that comment. Anything further from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bruce, you specifically identify a UL numbered single station alarm. Are there other alarms out there that might be UL approved or are they in the making? I guess what I'm getting at is if that's the only one, great, but if there is something else coming down the road do we want to say this or an equivalent or this and any future UL approved device or -- Freckleton: Madam Mayor, Members of the Council -- Rountree: Or do you enjoy bringing these things back and -- Freckleton: Councilman Rountree, it's a great opportunity for me to be here in front of you, so -- no. You know, the -- the UL 2034 is what is in current code. The single stage alarms are what's -- what's in current code. However, I will tell you that the 2012 codes that the state will be taking up for adoption -- I have not looked specifically at that section of the code, but what we are doing right now with what I'm asking you to approve, these provisions are contained in the 2012 codes. Rountree: All right. Freckleton: So -- so, in other words, as they move we are going to move with them. Rountree: And as we adopt the 2012 and then -- Meridian City Council Workshop April 9, 2013 Page 41 of 45 Freckleton: Absolutely. Rountree: Okay. Very good. De Weerd: Any other questions from Council? Bird: I can make a motion. De Weerd: Okay. Before I would ask if there is action that the Council would like to take I would just put one more question out. Is there anyone who would like to provide testimony or comment on this item? No? Now have had -- oh, I'm sorry. Calkins: This is Ken Calkins again. I'm just one of the silly plumbers. In the -- in the agenda it said prohibiting natural gas systems in occupied spaces in residential occupancies. It wasn't what was read, but in the agenda it says that. De Weerd: Yes, sir. We did amend the -- correct the agenda at the beginning and that is why I asked it to be read as well. Calkins: Okay. Thank you. De Weerd: So, you heard the correct title. Calkins: Okay. Good. Thank you. De Weerd: So, thank you. Nice catch, though. We are glad to see you were paying attention. Calkins: You know, if I -- if I can just take a minute. And I just want to say -- and I have attended a lot of Boise City Council meetings and I am just thoroughly impressed with the City of Meridian and the way they do their Council meetings and the involvement. I'm just absolutely impressed. De Weerd: Thank you very much. Rountree: Go out and corner Channel 6 and tell them that. De Weerd: We appreciate you sitting through -- you have a lot of experience after all three of these readings of being here for the entire meeting. So, we appreciate you spending time with us. Calkins: Thank you. De Weerd: We almost want to continue this forever so you will just come back. I'm kidding. So, we did have this read by title only and I did not ask if there was anyone who would like to like hear it read in its entirety, but I will put that as an offer out there, in Meridian City Council Workshop April 9, 2013 Page 42 of 45 case someone wants to hear it all. Thank you, Ralph. I'm glad you didn't raise your hand. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move approval of Ordinance No. 13-1547 and the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A in its current form and its gone through several reiterations. Any discussion from City Council? 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. B. Ordinance No. 13-1550: Amending Meridian City Code section 2-1-3(C) - Terms of Historic Preservation Commissioners' Seats De Weerd: Okay. We did -- we do have an ordinance under 10-B. That is Ordinance 13-1550 that will be followed by a resolution, but, Madam Clerk, will you, please, read Item 10-13 by title only. Jones: Thank you, Madam Mayor. An ordinance of the City of Meridian amending Meridian City Code, Section 2-1-3C, relating to terms of Historic Preservation Commissioners seats and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, Council, what would you like to do? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 13-1550 with suspension of rules. Rountree: Second. Meridian City Council Workshop April 9, 2013 Page 43 of 45 De Weerd: I have a motion and a second to approve Item 10-B. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. C. Moved from 9G: Resolution No. 13-918: Appointing Historic Preservation Commissioners to Designated Seats De Weerd: Item 9-13 was moved as 10-C. Council, this resolution is 13-918. Yes. Do have a motion on this resolution? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 13-918. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-C. 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. - - Meeting Topics De Weerd: Council, we are at Item 11. Is there any topics for future meeting agendas? Rountree: Can't think of any. De Weerd: Mr. Zaremba. Zaremba: I would have two comments. We talked maybe a month or so ago about getting together the City Council with the P&Z Commission and Idaho Power, who wanted to give us an update on their eastern Treasure Valley plan and get it incorporated into our Comprehensive Plan. My understanding is we have pretty well settled on the 5th Tuesday in July, which would be July 30th; is that correct? Meridian City Council Workshop April 9, 2013 Page 44 of 45 De Weerd: July 30th. Yes. Zaremba: So, I'm just warning everybody we are talking about having a 5th meeting in July. The other issue is I was contacted and I believe some of the other City Councilmen were contacted by a gentleman who would like us to revisit smoking in bars and his point was that he's taking his business to Boise where they prevent smoking in bars, because he is -- and his buddies want to go drinking, they don't also want to be subject to smoke and I know we are considering expanding our no smoking on city property issues, but the question is do we want to revisit discussions we have had earlier. The bartenders, when we were talking about it, made the point that they would lose business by prohibiting -- De Weerd: Mr. Zaremba, we can't have a discussion about it. Zaremba: Oh. Okay. Well, I'm just saying why -- De Weerd: We just want to bring up topics and -- Zaremba: -- why this guy wanted it on the agenda and my question is do we want to discussed again. Rountree: Madam Mayor, I think we all had the same discussion and I explained the history to the gentleman and he seemed quite okay with that and that we may or may not approach the subject at some point in time in the future. De Weerd: Okay. So, I guess that answer is we don't need any future meeting topics. We do have the joint meeting set for July 30th and it seems like the potential topic has been addressed at this point. Okay. Zaremba: Thank you. De Weerd: Anything further from any other Council? Bird: I have none. De Weerd: Okay. I would entertain a motion to adjourn our regular meeting. Rountree: So moved. Bird: Second. De Weerd: All those I favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 5:11 P.M. Meridian City Council Workshop April 9, 2013 Page 45 of 45 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR Tr Y DE WEERD DA E APPROVED ATTEST: HOLMAN, CITY CLERK / 4 pjvHDAjfGLSr ti�Go , j9�w �City Of E IDIAN*-�-- IDAHO F �F SEAL �<<be TRE a5�4 DATE:• 2013 ITEM NUMBER: 4A ITEM TITLE: • • Parkinson's Awareness Month • 111111111 i;1j 111111111111111111 rill !I�I 1081 1111111 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: April 9, 2013 ITEM NUMBER: 5A ITEM TITLE: Consent Agenda Approve minutes of March 26, 2013 City Council Regular Meeting MEETING NOTES a CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: April 9, 2013 ITEM NUMBER: 5B -TEM TITLE: Consent Agenda: Resolution "• Resolution No. 175- 91(P : Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the MPD MEETING NOTES 111111 1111liq 11111111 1111111111111111 11,11111111 111111 11111111 1111111111,1111111111 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES ; INITIALS CITY OF 1 RESOLUTION 1 i 1 ' 1 1•' �1 �' �, RESOLUTION OF THE MAYOR1 THE CITY COUNCILOF THE CITY 1 MERIDIAN1. 1 DESTROY CERTAIN SEMI- PERMANENT AND .1 1. 1 A 1 i OF 1,POLICE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(4) to, by resolution, destroy semi-permanent and temporary records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50-907(2) and (3) because the time period for retention of such records has expired; NOW THEREFORE,RESOLVED BY THE 1 • AND CITY COUNCILOF THE CITY OF MERIDIANIDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent and temporary records of the Police Department: POLICE YEAR(S) DESCRIPTION 1. Semi-permanent Animal Control Records 01/01/2007 to 12/31/2007 Includes Animal Complaint Reports for lost dogs, dogs and cattle at large, barking dogs, and cruelty to animals 2. 'Temporary Impounded & Abandoned 01/01/2007 to 12/31/2007 Includes Abandoned/ Impounded Vehicle Records Vehicle Reports Accident Reports 01/01/2007 to 12/31/2007 Includes Motor Vehicle Accident Reports Arrest Warrant Records 01/01/2007 to 12/31/2007 Includes Arrest Warrant Reports Juvenile Temporary Custody 01/01/2007 to 12/31/2007 Includes reports of juveniles Records taken into custody Lost & Found Property 01/01/2007 to 12/31/2007 Includes Lost and Found Property Records Reports Neighborhood Dispute 01/01/2007 to 12/31/2007 Includes Complaint Reports of Resolution Records incidents of noise, harassment, shooting guns in subdivisions, trespass, insufficient checks, and disturbances RESOLUTION AUTHORIZING DESTRUCTION OF POLICE DEPARTMENT RECORDS PAGE 1 OF 2 Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of April 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this day of April , 2013. ayor Tarf"y de Weerd 0,V,STEUAUc ATTEST: ~� O City of E IDIAN soawo By: 4Ja� of an, Clty Clerk �`��,1 SEAL x,111 �'a1,'hr TkEbb�� RESOLUTION AUTHORIZING DESTRUCTION OF POLICE DEPARTMENT RECORDS PAGE 2 OF 2 DATE: April 9, 2013 ITEM NUMBER: 5C ITEM TITLE: • '• Acceptance Agreement for Display of Artwork of Ron Pridmore in Initial Point Gallery through August 2, 2013 MEETING NOTES MIR,91i il a "27=•q11 I III Pn-11 11 IF 1115, 111111 �A DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERYMERIDIAN This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK Ili INITIAL POINT GALLS 'Y, MERIDIAN CITY HALL ("Agreement") is made on the9 , 4ay of ° , 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Ikon Pridmore, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 8, 2012, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 18, 2012, by the passage of Resolution no. 12-899, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on June 28, 2013, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on June 28, 2013 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from June 28, 2013 to August 2, 2013, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on August 2, 2013, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 11. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.'TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees 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 default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits,4 and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY, A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator, VI. INDEMNIFICATIONS WAIVER9 AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 B. Waiver. Artist shall, and hereby does, waive 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, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition 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; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party 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 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. D. Compliance with lave. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho, P. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected, H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise, Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. 1. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: Gallery Curator: Ron Pridmore Dwight Williams 2162 W. Glade Creek Street Meridian Arts Commission Meridian, Idaho 83646 33 E. Broadway Ave. 208-863-8648 Meridian, Idaho 83642 miragemedia.ron@gmail.com(208) 887-6473 dwight5332@q.com City Emily Dane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. 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. N WITNESS WHEREOF, the parties hereto have executed this Agreement on this 2 QA )day of ; , 2013. r Ron Pridmore CITY OF MERIDIAN: B Y: 'ATD AU�D Tammy de 7-- r rdMaor City Of KZD-IAN* Attest' 'd�Hp Ja ee o , City �t � �1� �4 ��t rbe 7REhS0�'�v ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Lxhibit 1 INMAL _ RY SERq1AE,-,,1 OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2013 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional -quality, ready -to -hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork wilt be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2013 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. m Completed, signed Application Et Acknowledgements form; ® Biography of the artist or informational statement regarding organization; x Letter of intent; Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and ® $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 26, 2012. SELECTION PROCESS: The selection of art for the 2013 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: ® Quality of work; ® Appropriateness of subject and concept for a functioning government workplace; ® Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: ® Volunteers to assist artist/ organization with installing and removing each piece of artwork; ® Track system for hanging 2D art, using wires that are attached to hooks; ® Four enclosed pedestals for 3D art, each approximately 24 inches square; ® Space for artist information and/or an information board; and ® Publicity of the exhibit through City contacts, local media, and other informational forums. '.ONTACT MAC: By mail: Meridian Arts Commission Attn: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By e-mail: macCmeridiancity,org Merridian C®mmissi®n Application2013 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONT CT INFORMATION: Check one: I am submitting this form as an individual artist. ❑ 1 am submitting this form on behalf of an organization. Artist/Org. Name: 0&, P PR LX> ENE Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: Day: OA 964.8 Evening: Cell: APPLICATION OVERVIEW: Check all that apply: ❑ Vie propose to fill one half of Initial Point Gallery with two-dimensional artwork. ❑'1/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ❑ I/we propose to fill these display cases with 3D artwork: ❑ 24"Wx24"Dx42"H ❑ 24"Wx24"Dx36"H ❑ 24"Wx24"Dx30"H, , ❑ 24"Wx24"Dx24"H Number of 2D pieces: 10 Average size of 2D pieces: 3 �2 V Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: Completed, signed Application Et Acknowledgements Form ®' Biography of artist or informational statement regarding organization, no longer than one 81/2 x 11" page; C/A letter of intent, describing: a. Artist/ Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/ Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ❑ Up to five digital images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name. title.jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images wilt not be considered. Images will not be accepted via e-mail. ❑ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (i/") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. f a orf �yy i Y./ �Y�": =-+-. • !•y •1 �. Y.Y.YSL•L�.t��'LL � �a-?-.-1- +y� y� FIG, 3. 3D ART DISPLAY CASES ACKNOWLEDGMENTS: 1, 2o,5 i, La_�,Q tQ(2.Y_,;; , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, i will be required to enter into an Acceptance INITIAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. if my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will INITIAL exercise professional care in handling and securing ail artwork displayed in Initial Point Gallery, but cannot and wilt not assume liability for any toss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the INITIAL artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an INITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month INITIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any INITIAL time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created INITIAL by the artist (or by artist members of the organization) submitting this application. H. Meridian City Halt is primarily a place of public business and initial Point Gallery is a public place. The INITIAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. } 4 _ Signature: �✓` � Print name: �/ � l it) �► 0 LE g � J Date: To propose an e)chibition in initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Meridian Commission Meridian Commission Call for Artists: 2013 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2013 initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in initial Point Gallery must be comprised of professional - qua tity, ready -to -hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees wit( be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in initial Point Gallery. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2013 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. ® Completed, signed Application Ft Acknowledgements form; ® Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m, on Friday, October 26, 2012. SELECTION PROCESS: The selection of art for the 2013 Initial Point Gallery Series will be made by MAC. MAC wilt notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: ® Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: a Volunteers to assist artist/organization with installing and removing each piece of artwork; a Track system for hanging 2D art and four enclosed pedestals for 3D art; a Space for artist information and/or an information board; and a Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By e-mail: macCmeridiancity.org Ron Pridmore VON - 2162 W. Glade Creek Street, Meridian, ID 83646 Ron D. Pridmore Mary W. Pridmore Phone: (208) 863-8648 Phone: (208) 841-2228 E-mail: iniragemedia,ron®gmail,com E-mail: pridmore.mazyw@gmail.com Website: ronpridmoreart.com' 10/21/1.2 Letter of Intent regarding potential showing at Initial Point Gallery: a. I intend to display paintings of Idaho landscapes including several of the Meridian area. b. I intend to dispaly approximately twenty (20) paintings, sizes range from 24" x 18" including frames to 40" x 36". Prices range from $350 to $1,200. Medium is acrylic/pen and ink on canvas or watercolor paper. c. I would provide publicity in the form of annoucements on my facebook page, email notification to identi- fied followers of my work, and perhaps a "Meet the Artist's gathering at the Initial Point Gallery (if that is within the gallery's allowed activities). I d. I have no need for "special provisions" for hanging my work. Sincerely, Ron Pridmore 1was.born. and-raised.in. Boise, .1dah.o.. I -studied at.the-University of Ida-ho.,.Boise-junior- Colleg.eiArt Center -College -of Des im.. -(P-asadena,-.CA,), -andgraduated-from .B'oise State.U- fuversity.(Boise College -1967),.w.itha.'d--eg.r*ee'..i.n-.-a..r..t.ed.-uca.tion. 1-faught-art-at the- secondary school lev.e.l-'for-.t-h-ree-y.!aars.be-fore entering the printing and advertis ffi g -industry. 1 was employed -by Morrison Kbudsen-for many years, providing -visual -communications services. -for various -operatmiggrou-ps, and served: as Manager -of Technical Publications and. Tra ni An gy f or . the%MK spinoff, MotivePower, Inc. ..En-'1995,'Iestdbli§hed-�N-.h'r.age'-Me.d.ia;.-Inc. -top-r-OWdepAbliceitli on servicesto,indusftidl-che. n.ts.lcurrenffy continue. -those services in a- somewhat part --time stat us.,:havin g"refixed"Mi 2008. :Enjoying .the:ti.--m-e.th-A.t.retirement .p..ro.v.iqes,lhav-e.rcitum.-ed-to.m.y.fi-ne-.-a.rtirite.reSts. of --time-axe responsible -for -Th-61oss-of -many of -o uvbuoofic-scenes-., I spend many -hourstraveling rural back-roads.photograph-mi g agi - in g,barns, homesteads, and ghost towns. Over the 40+ years. -of my professional, career, 1. had the good. fortune of traveling -to many locations- across America and:. around the world-, Wiudh added- greatly to my siibj ed matter * library. Working,primarily in acrylics on watercolor paper or canvas, my paintings are from the photographs and -experiences -of my lifeti- m e. I also. -enjoy -other artistic m -ed-fa. m -s. including -pottery, pen and* ird< drawing, and* photography. My work is on' -display at the Arlizen Gallery -in McCall, Idaho, and, Green Chutes in Boise. Ron Pridmore Phone: 208=863=8648 em ail: nmdrage media.ronOg m-aff.com Please -visit my -website: ronpri-clinoreart.,com. I I''I IIIIIIIII DATE: April 9, 2013 ITEM NUMBER: 5D ITEM TITLE: Consent Agendal Sewer Main Easement for Bienville Square Subdivision No. 2 MEETING NOTES FIN t IV PI milli Ak� All DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN" Community Development Department TO: Mayor Tammy deWheerd Members of the City Council FROM: Denny Cline DATE: 3/78/13 Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83542 SUBJECT: Sewer Main Easement for 8ienviUe Square Subdivision No. 2 A. Move to: l. Approve a Sewer Main Easement for the City ofMeridian, located on the site ofBienviUe Square Subdivision No.2,byCenter Point Square, LLC. 2. This easement provides the City ofMeridian access to a public sewer main installed to provide service for BienviUe Square Subdivision No.2. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. Bruce Chatterton, Community Development Director Bruce Freck|eton,Development Services Manager Denny Cline, Development Analyst U YL - Denny Cline, "bevelopment Analyst 6 884-5533 409-OS52 489-O371 Recommending Approval Ph: 208.887.2211 ^www.mehdian^ Fax 208.887.1297 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 04/10/13 12:03 PM DEPUTY RyRECORDEDic—EQUEST OF Meridian City 11:75038365 Oki I THIS INDENTURE made this '/% 51 A day of Art* 2013 between Center Point Square LLC the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETTT WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and VVHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee, NOW, THEREFORE,, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free night of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sewer Main Easement Documentl THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRAN-T-- T7 Cory Swain; (Managing Member 290 Bobwhite Ct, #220, Boise, Idaho 83706 Address -14 Secretary STATE OF IDAHO ss County of Ada On this day ofYt tv ./ , 201 �, before e, the undersigned, a Notary Public in and for said State, personally appeared G� K l/ t rand rl 0 A known or identified to me to be the } -rte r Sreeretary, respectively, of the eo or oZ that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed . y official seal the day f. l 1 (IJ NOTARY PUBLIC FOR IDAHO Residing at: Ao/sc , Commission Expires: 2-6 o Sewer Main Easement Documentl 0�r'A'r E 1) .4 CP zS1 Tammy de, e rd, Mayor CVCity Of IERJWAI�j� US! \10ANo ] SF -AL -01 Att t by J%c\ee L. »ham' City ClerO�,-, Approved By City Council On:_Air ,\ q -Zo' I STATE OF IDAHO ) ) ss County of Ada On this 00"" . day o ,2QI� before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and kAYC-E-E-L-.44OL-A4AN, JockA J oves known to me to be the Mayor and City Clerk, respectively. of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged t'o'me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .60 W 0 TA :0 -90 NOTARY PUBLIC FOR ]IDAHO SEAL) Residing at: % .0 Commission Expires: ZOF V0 ee 0 Goo Sewer Main Easement Documentl EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN SANITARY SEWER EASEMENT AT BIENVILLE SQUARE SUBDIVISION NO.2 3/12/2013 AN EASEMENT FOR A SANITARY SEWER LINE IN LOT 23, BLOCK 1 OF BIENVILLE SQUARE SUBDIVISION, AS RECORDED IN BOOK 102 OF PLATS AT PAGES 13495 THROUGH 13498, ADA COUNTY RECORDERS OFFICE, LOCATED IN THE NE 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, THENCE S 44°11'33" W, 910.67 FEET TO A POINT ON THE BOUNDARY LINE OF AN EXISTING CITY OF MERIDIAN SANITARY SEWER EASEMENT (INSTR.NO. 108013630) LOCATED IN LOT 23, BLOCK 1, BIENVILLE SQUARE SUBDIVISION, BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 36022'04" W, 86.89 FEET TO A POINT; THENCE S 0402050" W, 399.40 FEET TO A POINT; THENCE S 02037'15" E, 243.92 FEET TO A POINT; THENCE S 8702245" W, 20.00 FEET TO A POINT; THENCE N 02037'15" W, 245.14 FEET TO A POINT; THENCE N 04020'50" E, 505.15 FEET TO A POINT; THENCE S 71028'10" E, 50.82 FEET TO A POINT; THENCE S 0003720" W, 19.46 FEET TO A POINT; THENCE S 89022'40" E, 15.57 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. IS -7 -V2EV 1 06 E-79- I r I I 111I� III IIIIIIIIIIIII jiil�IIII�pij DATE: April 9, 2013 ITEM NUMBER: 5E IT&D TITLE: Consent Agenda= - Professional Services Agreement with Kevin Patrick Kirk, Inc. for Musical Talent for Concerts on Broadway on August 10, 2013 for a Not-toexceed amount of $4,000.00 MEETING NOTES I'i CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS This PROFESSIONAL E VICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this a day of April, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Kevin Patrick Kirk, Inc., a corporation organized under the laws of the State of Idaho, whose address is 1606 N. 17th St., Boise, Idaho ("Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of Kevin Kirk & Onomatopoeia, a seven -piece band specializing in the performance of jazz music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Kevin Kirk & Onomatopoeia shall perform for the public approximately fifteen (15) songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, August 10, 2013, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. In case of inclement weather, the venue will be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessaryto electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on August 10, 2013, and Kevin Kirk & Onomatopoeia may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. Kevin Kirk & Onomatopoeia will require one hour to complete set up and sound check prior to 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. I. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of four thousand dollars ($4,000.00). This payment shall constitute full compensation from City to Promoter and/or to the members of Kevin Kirk & Onomatopoeia for PROFESSIONAL SERVICES AGREEMENT - KEVIN KIRK/ONOMATOPOEIA, CONCERTS ON BROADWAY PAGE 1 of 6 any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of Kevin Kirk & Onomatopoeia shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. B. Cancellation of event. If Kevin Kirk & Onomatopoeia is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the members of Kevin Kirk & Onomatopoeia. Any decision regarding whether to cancel the performance shall be made no earlier than 6;30 p.m. on August 10, 2013. C. Method of payment. By July 12, 2013, Promoter shall provide City with; 1) a completed ACH Form, 2) a copy of a voided check, and 3) an invoice in the amount of four thousand dollars ($4,000.00) for services to be provided on August 10, 2013. So long as all documents are complete and received by August 10, 2013, City shall pay Promoter in full via direct deposit on August 10, 2013. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III. VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Kevin Kirk & Onomatopoeia members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Kevin Kirk & Onomatopoeia shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Kevin Kirk & Onomatopoeia's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and Kevin Kirk & Onomatopoeia shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property, D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Kevin Kirk & Onomatopoeia shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the PROFESSIONAL SERVICES AGREEMENT -- KEVIN KIRK/ONOMATOPOEIA, CONCERTS ON BROADWAY PAGE 2 of 6 Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and Kevin Kirk & Onomatopoeia shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. PROFESSIONAL SERVICES AGREEMENT — KEVIN KIRK/ONOMATOPOEIA, CONCERTS ON BROADWAY PAGE 3 of 6 IV. TERMS AND CONDTI'IONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall 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. See, e.g., section I.B., requiring one (1) hour of set up and sound check time prior to 6;30 p.m. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. The band shall be listed as "Kevin Kirk & Onomatopoeia" in all promotional materials that are created by. City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Kevin Kirk & Onomatopoeia under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or Kevin Kirk & Onomatopoeia, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of Kevin Kirk & Onomatopoeia acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of Kevin Kirk & Onomatopoeia shall, and hereby do, waive 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 the performance of this Agreement, whether such loss PROFESSIONAL SERVICES AGREEMENT — KEvIN KIRK/ONOMATOPOEIA, CONCERTS ON BROADWAY PAGE 4 of 6 or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of Kevin Kirk & Onomatopoeia is an independent contractor and is 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 Promoter or any member of Kevin Kirk & Onomatopoeia and City or any official, agent, or employee of City. Promoter and Kevin Kirk & Onomatopoeia shall retain the right to perform services for others during the term of this Agreement. H. Compliance with lave. Throughout the course of this Agreement, Promoter and each member of Kevin Kirk & Onomatopoeia shall comply with any and all applicable federal, state, and local laws, I. lion -Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of Kevin Kirk & Onomatopoeia shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. 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 terns of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. .Agreement governed by Idaho lave. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. ®. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. PROFESSIONAL SERVICES AGREEMENT — KEVIN KIRK/ONOMATOPOEIA, CONCERTS ON BROADWAY PAGE 5 of 6 Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: cily: City of Meridian Emily Kane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208) 898-5506 E-mail: ekane@meridiancity.org Promoter: Kevin Kirk for Kevin Patrick Kirk, incorporated 1606 N. 17th St. Boise,, Idaho 83702 Phone: (208) 761-7536 E-mail: kevinkirkmusic@otDmail.com Either party may change its address for the purpose of this section by giving Written notice of such change in the manner herein provided. Q. Warranty of authority. Promoter expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Kevin Kirk & Onomatopoeia and each and every member thereof. Promoter further warrants that he is authorized to bind Kevin Kirk & Onomatopoeia and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Kevin Kirk & Onomatopoeia and its members. R. 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 _ day of Nfareh-. 2013. A ' ' OrL I Kevin Kirk President Kevin Patrick Kirk, Inc. BY Tammy dej.Werd, Mayor IS ORAT E D A `4 C�WCity of lEkIDIANk- Ja& lm i C r SEAL ti PROFESSIONAL SERVICES AGREEMENT-KEVINKBWONOMATOPOEIA, CONCERTS ON BROADWAY PAGE 6 of 6 1�i rj 11111 •- I z III DATE: April 9, 2013 ITEM NUMBER: 5F ITEnyi TITLE: Consent Agendpi First amendment to Professional Services Agreement between Whitman & Associates Inc and the COM for Building Inspection Services MEETING NOTES DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST AMENDMENT to PROFESSIONAL SERVICES AGRE EMENT BETWEEN WHITMAN & ASSOCIATES INC AND CITY OF MERIDIAN FOR BUILDING INSPECTION SERVICES This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES INC AND CITY OF MERIDIAN FOR BUILDING INSPECTION SERVICES ("First Amendment") is made this q4--� -_day of April, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Whitman & Associates Inc. ("Contractor"). (Contractor and City may hereafter collectively be referred to as "Parties.") WHEREAS, on September 25, 2012, Contractor and City entered into an Agreement entitled, "Professional Services Agreement Between Whitman & Associates, Inc. and City of Meridian for Building Inspection Services" ("September 25, 2012 Agreement") establishing the Parties' respective rights and responsibilities regarding the provision of building inspection services; WHEREAS, the Parties find that restructuring the timing of payment due from City to Contractor will serve the mutually -held interests of improved convenience and economy of administration; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the September 25, 2012 Agreement, Contractor and the City hereby agree and contract as follows: A. Provision replaced. Section III.E. of the September 25, 2012 Agreement shall be stricken, and replaced with a new provision, to read as follows: E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's allocated share of permit revenues collected by City on the tenth (10th) day of the month following pen -nit issuance. City shall maintain an accounting of all permit fees and shall provide to Contractor a fall accounting therefor upon request. It is acknowledged by the parties that the City collects pen -nit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement though it shall provide all required inspection services related to such permits through issuance of Certificate of Occupancy. B. Exhibit C stricken. The exhibit to the September 25, 2012 Agreement entitled Exhibit C, Payment Schedule shall be stricken, and neither party shall have any obligation to the other thereunder. FiRSTAmENDmENT To PROFESSIONAL SERticEsA GREEMENT BETWEEN WHITMANASsoc]Ams, INC. AND CITY OF MERIDIAN FOR B UILDING INSPECTION SER VICES PAGE 1 OF 2 C. Transition from "Milestone" completion. On May 10, 2013, City shall remit the balance due of Contractor's allocated share of permit revenues collected by City for open permits pending final payment upon completion of a Milestone or Milestones under the terms of the September 25, 2012 Agreement. D. All other provisions in effect. Except as expressly modified by this First Amendment or other duly executed addenda, all provisions of the September 25, 2012 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the September 25, 2012 Agreement or this First Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. WHITMAN & ASSOCIATES, INC.: Daunt Whitman, President CITY OF MERIDIAN: Tammy/d, eerd Mayor Attest: Jayqe 1P61r*, City ¢�OSpjLD A ttQ� 0 Tj ow /C &WCity of IE IDIAN�- IDAHO SEAL FiRSTAmF,jvD-A,iENT To PROFESSIONAL SERvicEsAGRL,,EAfENTBETtyEEN WHITAIIANASSoCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING RspEcnoN SERVICES PAGE 2 OF 2 DATE: April 9, 2013 ITEM NUMBER: 5G ITEM TITLE: Consent Ag- d.; First amendment to Professional Services Agreement between Whitman & Associates Inc and the COM for Building Official Services MEETING NOTES W114 ik I A A, DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICAN T NOTES INITIALS FIRST AMENDMENT to PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES INC AND CITY OF MERIDIAN FOR BUILDING OFFICIAL SERVICES This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES INC AND CITY OF MERIDIAN FOR BUILDING OFFICIAL SERVICES ("First Amendment") is made this 9 day of April, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Whitman & Associates Inc. ("Contractor"). (Contractor and City may hereafter collectively be referred to as "Parties.") WHEREAS, on September 25, 2012, Contractor and City entered into an Agreement entitled, "Professional Services Agreement Between Whitman & Associates, Inc. and City of Meridian for Building Official Services" ("September 25, 2012 Agreement") establishing the Parties' respective rights and responsibilities regarding the provision of building official services; WHEREAS, the Parties find that restructuring the timing of payment due from City to Contractor will serve the mutually -held interests of improved convenience and economy of administration; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the September 25, 2012 Agreement, Contractor and the City hereby agree and contract as follows: A. Provision replaced. Section IV.E. of the September 25, 2012 Agreement shall be stricken, and replaced with a new provision, to read as follows: E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's allocated share of permit revenues collected by City on the tenth (10th) day of the month following pen -nit issuance. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefor upon request. It is acknowledged by the parties that the City collects pen -nit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement though it shall provide all required building official services related to such permits through issuance of Certificate of Occupancy. B. Exhibit C stricken. The exhibit to the September 25, 2012 Agreement entitled Exhibit C, Pqvment Schedule shall be stricken, and neither party shall have any obligation to the other thereunder. FjRsTA,A,fE,vDmE,NT TO PROFESSIONAL SERVICES AGREEMENTBETIFEEN WHITAIIANASSOCiATES, INC. AND CITY OFMERIDIAN FOR BUILDING OFFICIAL SERVICES PAGE I OF 2 C. Transition from "Milestone" completion. On May 10, 2013, City shall remit the balance due of Contractor's allocated share of permit revenues collected by City for open permits pending final payment upon completion of a Milestone or Milestones under the terms of the September 25, 2012 Agreement. D. All other provisions in effect. Except as expressly modified by this First Amendment or other duly executed addenda, all provisions of the September 25, 2012 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, e, limit or otherwise affect the operation of the September 25, 2012 Agreement or this First Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. . WHITMAN & ASSOCIATES, INC.: Daunt Whitman, President CITY OF MERIDIAN: Tammy d eerd Mayor 6,1 Attest: U wi TM "81 00" oy-kTF, D'A tic City Of IDTAN�,-- IDAHO SEAL A. FIRST AMENDMENT To PROFESSIONAL SERVIcESAGREEMENTB,-TwEEN If HI 7MANASSOC1 TES, P INC. AND CITY OF MERIDIAN FOR BUILDING OFFICIAL SERVICES PAGE 2 OF 2 DATE: April 9, 2013 ITEM NUMBER: 5H ITEM TITLE: Consent Agenda: First amendment to Professional Services Agreement between Whitman & Associates Inc and the COM for Building Plans Examiner Services III jjp��i CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST AMENDMENT to PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES INC AND CITY OF MERIDIAN FOR BUILDING PLANS EXAMINER SERVICES This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES INC AND CITY OF MERIDIAN FOR BUILDING PLANS EXAMINER SERVICES ("First Amendment") is made this day of April, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City'), and Whitman & Associates Inc. ("Contractor"). (Contractor and City may hereafter collectively be referred to as "Parties.") WHEREAS, on September 25, 2012, Contractor and City entered into an Agreement entitled, "Professional Services Agreement Between Whitman & Associates, *Inc. and City of Meridian for Building Plans Examiner Services" ("September 25, 2012 Agreement") establishing the Parties' respective rights and responsibilities regarding the provision of Building Plans Examiner services; WHEREAS, the Parties find that restructuring the timing of payment due from City to Contractor will serve the mutually -held interests of improved convenience and economy of administration; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the September 25, 2012 Agreement, Contractor and the City hereby agree and contract as follows: I. AMENDMENTS TO SEPTEMBER 25 2012 AGREEMENT. A. Provision replaced.. Section III.E. of the September 25, 2012 Agreement shall be stricken, and replaced with anew provision, to read as follows: E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's allocated share of penni.t revenues collected by City on the tenth (10th) day of the month following permit issuance. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefor upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement though it shall provide all required plans examiner and plan review services related to such permits through issuance of Certificate of Occupancy. B. Exhibit C stricken. The exhibit to the September 25, 2012 Agreement entitled Exhibit C, Payment Schedule shall be stricken, and neither party shall have any obligation to the other thereunder. FIRSTAMENDMENT TO PROFESSIONAL SERVICESAGREEMENTBETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OFMERIDIANFOR BUILDINGPLANSEXAMINER SERVICES PAGE 1 OF 2 C. Transition from '"Milestone" completion. On May 10, 2013, City shall remit the balance due of Contractor's allocated share of pen -nit revenues collected by City for open permits pending final payment upon completion of a Milestone or Milestones under the terms of the September 25, 2012 Agreement. D. All other provisions in effect. Except as expressly modified by this First Amendment or other duly executed addenda, all provisions of the September 25, 2012 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the September 25, 2012 Agreement or this First Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. WHITMAN & ASSOCIATES, INC.: Daunt Whitman, President CITY OF MERIDIAN: Tammy de We d, Mayor Attest: City of ERJDJAN*, 1� SEAL Al Ja e I FIRSTAAIENDMENT TO PROFESSIONAL SERVICES A GREEAfENTBETwF,-rN WHITMAN &AssociATEs, INC AND CITY OF MERIDIAN FOR B UILDING PLANS EXAMINER SER TlicEs PAGE 2 OF 2 IFEWWRAL I DATE: April 9, 2013 ITEM NUMBER: 51 ITEM TITLE: Consent Agendl First amendment to Professional Services Agreement between Jackson Code Consultants, Inc. and the COM for fire plan review and inspection services MEETING NOTES DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRSTi. PROFESSIONALSERVICES AGREEMENT BETWEEN JACKSON CODE CONSULTANTS, INC. D CITY OF MERIDIAN O.FIREPLAN REVIEW AND INSPECTION SERVICES This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN JACKSON CODE CONSULTANTS, INC. AND CITY OF MERIDIAN FOR FIRE PLAN REVIEW AND INSPECTION SERVICES ("First Amendment") is made this 014-h day of April, 2013 (`'Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Jackson Code Consultants Inc. ("Contractor"). (Contractor and City may hereafter collectively be referred to as "Parties.") WHEREAS, on September 25, 2012, Contractor and City entered into an Agreement entitled, "Professional Services Agreement Between Jackson Code Consultants, Inc. and City of Meridian for FIRE PLAN REVIEW AND INSPECTION Services" ("September 25, 2012 Agreement") establishing the Parties' respective rights and responsibilities regarding the provision of FIRE PLAN REVIEW AND INSPECTION services; WHEREAS, the Parties find that restructuring the timing of payment due from City to Contractor will serve the mutually -held interests of improved convenience and economy of administration; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the September 25, 2012 Agreement, Contractor and the City hereby agree and contract as follows: I. AMENDMENTS TO SEPTEMBER 25, 20X2 AGREEMENT. A. Provision replaced. Section III.E. of the September 25, 2012 Agreement shall be shall be stricken, and replaced with a new provision, to read as follows: E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's allocated share of permit revenues collected by City on the tenth (10th) day of the month following permit issuance. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefor upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement though it shall provide all required inspection and plan review services related to such permits through issuance of Certificate of Occupancy. B. Exhibit C stricken. The exhibit to the September 25, 2012 Agreement entitled Exhibit C, Payment Schedule shall be stricken, and neither party shall have any obligation to the other thereunder. FIRST A,YIENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETYT'EEiV JACKSON CODE CONSULTANTS, INC. AND CITY OF MERIDIAN FOR FIRE PLAN RE VIEW AND INSPECTION SER vicEs PAGE 1 of 2 C. Transition from "Milestone" completion. On May 10, 2013, City shall remit the balance due of Contractor's allocated share of permit revenues collected by City for open permits pending final payment upon completion of a Milestone or Milestones under the terms of the September 25, 2012 Agreement. D. All other provisions in effect. Except as expressly modified by this First Amendment or other duly executed addenda, all provisions of the September 25, 2012 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the September 25, 2012 Agreement or this First Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. JACKSON CODE CONSULTANTS, INC: j 4 Richard E. Jackson, ftresident CITY OF MERIDIAN: /W✓ M)AU CS Tammy de WIe c� j6d Mayor 0 City of Attest: E IDIA 10AIN10 41 SEM, yeti T I -tT T1 4� 1 FIRST AmENDAIfENT To PROFESSIONAL SERVICES A GREEjvEjvT BETWEEN JACKSON CODE CONSUL TANTS, INC. AND CITY OF MERIDIAN FOR FIRE PLAN RE VIEW AND INSPECTION SER vicEs PAGE 2 OF 2 DATE; April 9, 2013 ITEM NUMBER: 5J -TEM Consent Agenda: First amendment to Professional Services Agreement between DMH Enterprises and the COM for plumbing plan review and inspection services • CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST AMENDMENT to PROFESSIONAL = +! . « DMH ENTERPRISES AND CITY !; MERIDIAN INSPECTIONFOR PLUMBING PLAN REVIEW AND SERVICES This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN DMH ENTERPRISES AND CITY OF MERIDIAN FOR PLUMBING PLAN REVIEW AND INSPECTION ("First Amendment") is made this C)"� day of April, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and. DMH Enterprises ("Contractor"). (Contractor and City may hereafter collectively be referred to as "Parties.") WHEREAS, on September 25, 2012, Contractor and City entered into an Agreement entitled, "Professional Services Agreement Between DMH Enterprises and City of Meridian for Plumbing Plan Review and Inspection Services ("September 25, 2012 Agreement") establishing the Parties' respective rights and responsibilities regarding the provision of Plumbing Plan Review and Inspection services; WHEREAS, the Parties find that restructuring the timing of payment due from City to Contractor will serve the mutually -held interests of improved convenience and economy of administration; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the September 25, 2012 Agreement, Contractor and the City hereby agree and contract as follows: 1. AMENDMENTS TO SEPTEMBER 25, 2012 AGREEMENT. A. Provision replaced. Section III.E. of the September 25, 2012 Agreement shall be shall be stricken, and replaced with a new provision, to read as follows: E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's allocated share of permit revenues collected by City on the tenth (10th) day of the month following permit issuance. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefor upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement though it shall provide all required inspection and plan review services related to such permits through issuance of Certificate of Occupancy. B. Exhibit C stricken. The exhibit to the September 25, 2012 Agreement entitled Exhibit C, Payment Schedule shall be stricken, and neither party shall have any obligation to the other thereunder. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN DMH ENTERPRISES, AND CITY OF MERIDIAN FOR PLUMBING PLAN REVIEW AND INSPECTION SER VICES PAGE 1 OF 2 C. Transition from "Milestone" completion. On May 10, 2013, City shall remit the balance due of Contractor's allocated share of permit revenues collected by City for open permits pending final payment upon completion of a Milestone or Milestones under the terms of the September 25, 2012 Agreement. D. All other provisions in effect. Except as expressly modified by this First Amendment or other duly executed addenda, all provisions of the September 25, 2012 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the September 25, 2012 Agreement or this First Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. DMH Enterprises: Dennis Holte, Owner CITY OF MERIDIAN: Tammy 11�-�eerd, Mayor Attest: J City 00 00- p,,rFDAUCt, 0 ? City of C IDIAN VE, *--- IDA"O Al SEAL e TR f FIRST AMENDMENT To PROFESSIONAL SERVICES AGREEMENT BETWEEN DMHEvTERPRisEs, AND CITY OF MERIDIAN FOR PLukfBiNG PLAN REVIEW AND INSPECTION SER VICES PAGE 2 OF 2 p ri 19, 2 013 ITEM NUMBER: I ITEM TITLE: Consent Agendl First amendment to Professional Services Agreement between Idaho Division of Building Safety and COM for electrical plan review and inspection services MEETING NOTES ---- -- -- ----- - CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT To APPLICANT NOTES INITIALS FIRST AMENDMENT to PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELE CTRICAL PLAN RE, VIEW AND INSPECTION SERVICES This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES ("First Amendment") is made this 9+'�' day of April, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and IDAHO DIVISION OF BUILDING SAFETY ("Contractor"). (Contractor and City may hereafter collectively be referred to as "Parties.") WHERE, AS, on September 25, 2012, Contractor and City entered into an Agreement entitled, "Professional Services Agreement Between IDAHO DIVISION OF BUILDING SAFETY and City of Meridian for ELECTRICAL PLAN REVIEW AND INSPECTION Services" ("September 25, 2012 Agreement") establishing the Parties' respective rights and responsibilities regarding the provision of ELECTRICAL PLAN REVIEW AND INSPECTION services; WHEREAS, the Parties find that restructuring the timing of payment due from City to Contractor will serve the mutually -held interests of improved convenience and economy of administration; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the September 25, 2012 Agreement, Contractor and the City hereby agree and contract as follows: I. AMENDMENTS TO SEPTEMBER 25, 201.2 AGREEMENT. A. Provision *replaced. Section III.F of the September 25, 2012 Agreement shall be shall be stricken, and replaced with a new provision, to read as follows: E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's allocated share of permit revenues collected by City on the tenth (I Oth) day of the month following permit issuance. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefor upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement though it shall provide all required inspection and plan review services related to such permits through issuance of Certificate of Occupancy. FIRST AMENDMENT To PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL PLANRE VIE WAND INSPECTION SERvicEs PAGE 1 OF 2 B. Exhibit C stricken. The exhibit to the September 25, 2012 Agreement entitled Exhibit C, Payment Schedule shall be stricken, and neither party shall have any obligation to the other thereunder. C. Transition from "Milestone,, completion. On May 10, 2013, City shall remit the balance due of Contractor's allocated share of permit revenues collected by City for open permits pending final payment upon completion of a Milestone or Milestones under the terms of the September 25, 2012 Agreement. D. All other provisions in effect. Except as expressly modified by this First Amendment or other duly executed addenda, all provisions of the September 25, 2012 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the September 25, 2012 Agreement or this First Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. IDAHO DIVISION OF BUILDING SAFETY: GM000-0.10M C. Kelly Pearce, Admini rator CITY OF MERIDIAN: Tammy� �de d, Mayor Attest: Ja�6ee Po)l�an, City 0 - City of E I�D IAN- _, IDANo SEAL T At X FiRSTAMEArDMENT To PROFESSIOM41, SERVICES AGREE, MENTBETTPEENID,4110 DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL PLANREVIEWAND INSPECTION SERVICES PAGE 2 OF 2 pril 9, 2013 ITEM NUMBER: 5L ITEM TITLE: Consent Agendl First amendment to Professional Services Agreement between Idaho Division of Building Safety and COM for mechanical plan review and inspection services MEETING NOTES DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT] NOTES INITIALS FIRST 1' PROFESSIONAL SE• BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIA FOR RE VIEW AND INSPECTION This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR MECHANICAL PLAN REVIEW & INSPECTION SERVICES ("First Amendment") is made this � day of April, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and IDAHO DIVISION OF BUILDING SAFETY ("Contractor"). (Contractor and City may hereafter collectively be referred to as "Parties.") WHEREAS, on September 25, 2012, Contractor and City entered into an Agreement entitled, "Professional Services Agreement Between IDAHO DIVISION OF BUILDING SAFETY and City of Meridian for Mechanical Plan Review & Inspection Services" ("September 25, 2012 Agreement") establishing the Parties' respective rights and responsibilities regarding the provision of building inspection services; WHEREAS, the Parties find that restructuring the timing of payment due from City to Contractor will serve the mutually -held interests of improved convenience and economy of administration; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the September 25, 2012 Agreement, Contractor and the City hereby agree and contract as follows: I. AMENDMENTS TO SEPTEMBER 25, 2012 AGREEMENT. A. Provision replaced. Section III.E. of the September 25, 2012 Agreement shall be shall be stricken, and replaced with a new provision, to read as follows: E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's allocated share of permit revenues collected by City on the tenth (10th) day of the month following permit issuance. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefor upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement though it shall provide all required inspection and plan review services related to such permits through issuance of Certificate of Occupancy. B. Exhibit C stricken. The exhibit to the September 25, 2012 Agreement entitled Exhibit C, Payment Schedule shall be stricken, and neither party shall have any obligation to the other thereunder. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETTVEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR MECHANICAL PLAN REVIEW & INSPECTION SERVICES PAGE 1 OF 2 C. Transition from "Milestone" completion. On May 10, 2013, City shall remit the balance due of Contractor's allocated share of permit revenues collected by City for open permits pending final payment upon completion of a Milestone or Milestones under the terms of the September 25, 2012 Agreement. D. All other provisions in effect. Except as expressly modified by this First Amendment or other duly executed addenda, all provisions of the September 25, 2012 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the September 25, 2012 Agreement or this First Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. IDAHO DIVISION OF BUILDING SAFETY: mom mumm"WRONOM C. Kelly Pearce*,m4ist ratdodr= CITY OF MERIDIAN: .............. Tammy de, w erd, Mayor Attest: City of 1E I D TA N FIRST AMENDMENT To PROFESSIONAL SERVICES AGREEMENT BETWEEN DIVISION OF BUILDING SAFETYAND CITY OF MERIDIAN FOR MECHANICAL PLAN REVIEW& INSPECTION SERVICES PAGE 2 OF 2 DATE: April 9, 2013 ITEM NUMBER: 5M ITEM TITLE: Consent Agenda: Approval Easement with various owners for Sanitary Sewer, water and recycled water mains and wafer service meters to properties as part of the ACRD Franklin - Ten Mile to Linder project MEETING NOTES 117 1111[ml V 07 1 =0 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT To APPLICANT NOTES INITIALS VIE JLUIAN Public IDAHO Depart Works :2ment TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician 11 DATE: April 5, 2013 Mayor Tammy de Weerd City Council Memberso Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVE EASEMENTS WITH VARIOUS OWNERS FOR SANITARY SEWER, WATER AND RECYCLED WATER MAINS AND WATER SERVICE METERS TO PROPERTIES AS PART OF THE ACHD FRANKLIN — TEN MILE TO LINDER PROJECT (NEXT AVAILABLE CONSENT AGENDA) A. Move to: 1. Approve easements with various owners for sanitary sewer, water and recycled water mains and water service meters to properties as part of the ACRD Franklin Road— Ten Mile to Linder Project; and 2. Authorize the Mayor to sign the easements. John Boyd, (Project Manager) ................................................................... 489-0347 Clint Dolsby, Assistant City Engineer ........................................................ 489-0341 Warren Stewart, Engineering Manager ....................................................... 489-0350 John McCormick, Deputy Director of Public Works ..................................489-0378 Tom Barry, Director of Public Works ......................................................... 489-0372 Page 1 of 2 IV. km VI. A. Back ound Sanitary sewer, water and recycled water main stub outs and water service meters were offered as part of the project to all property owners. These property owners accepted and reimbursed the City for stub outs that will be installed during the project. B. Proposed Easements These easements allow future development of the subj ect properties to connect to sewer and water service for their developments or connect to services for homes without having to enter Franklin Road. IMPACT A. Fiscal Impact: 1. There is no fiscal impact to the City as these stubs were included in the project cost and the City is receiving reimbursements from the property owners for the cost to install the services and main stubs. A. The easements need to be acted on and recorded so the City can maintain and service the installations if needed. A. Signed and notarized Easement Agreements with Exhibits A and B for the following properties: Parcel No Property Owner Easement Type S1211336401 -Parcel 3 ............................. John Morton .................... Sewer/Recycled Water Mains S 1211336615 - Parcel 4 ............................. Jerry Bowers ................... Water Main 51211336615 - Parcel 4 ............................. Jerry Bowers ...................Water Service 51211346700 - Parcel 5............................. Dorothy Bowers .............. Water Service S1211346835 - Parcel 6, Easement 1......... Volante Investments ....... Sewer/Water/Recycled Water Mains S1211346835 - Parcel 6, Easement 2......... Volante Investments ....... Sewer/Water/Recycled Water Mains S1211346905 - Parcel 7 ............................. Volante Investments ....... Sewer/Water/Recycled Water Mains S1211438931 -Parcel 9 ............................. School Dist. No. 2........... Sewer/Water/Recycled Water Mains S1214121120 - Parcel 18 ........................... Calnon Enterprises.......... Sewer/Water/Recycled Water Mains S1214120661 - Parcel 19, Easement 1....... Bainbridge/Conley.......... Sewer Main 51214120661 - Parcel 19, Easement 2 ....... Bainbridge/Conley .......... Water Main S1214120631 - Parcel 20, Easement 1....... Bainbridge/Conley.......... Water Main S 1214120631 -Parcel 20, Easement 2....... Bainbridge/Conley.......... Sewer Main Approved for Council Agenda: a arren Ste art, ft, Engineering Manager Date Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .OD BOISE IDAHO 04110113 12:03 PM DEPUTY Vicky Bailey III IIII'IIIII'I'llll'lll'�I'I'�'IIII' RECORDED -REQUEST OF 113038353 Meridian City r 'WIN I I NO , THIS INDENTURE, made this day of 2-p r ' i , 2013 between Steve Bainbridge and Dave Conley, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of a water main over and across the following described property: The easement hereby granted is for the purpose of construction and operation of a water line and its allied facilities, together with its maintenance, additional connection thereto, repair and replacement at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the waterline, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement Page 1 of 3 Parcel 20 Easement No. 1—Bainbridge/Conley THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ss County of Ada ) On this day of t _ �. , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Steve Bainbridge and Dave Conley, identified to me to be the owners that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above writ ten: C. m� -4 t�� 01. Water Main Parcel 20 Easement No. 1—Bainbridge/Conley JV NOT Y PUBLIC FOR IDAHO Resid g at;`� '�`' Commission Expires: ` Page 2 of 3 GRANTEE: CITY OF MERIDIAN O ASCD AUCUS Tammy de Weer ayor { City of E IDTAl'�-- IDAwo A�ceei�o eest JaiCitClerk SFAL anti 9 �,i Approved By City Council On:2v STATE OF IDAHO ) ss County of Ada } On this q day of A�,�_ , 20 1 , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and 4AY-C �. -) oxq v h� °N0VVI:�1N—, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0009we e6� i � - P),fk UR ® b®® NOTARY PUB C FOR IDAHO qEAL Residing at: T(�� Commission Expires: 't— l M �e J OF to ®MW® Water Main Easement Page 3 of 3 Parcel 20 Easement No. 1—Bainbridge/Conley 11TILITI EASEMENT DESCRIPTIO FOR THE CITY ,, MERIDIAN, . ' ` l.. : `S PARCEL 20 — BAINBRIDGE/CONLEY EASEMENT NO. 1 An easement for utility purposes located in the NE 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking 'the northwesterly comer of said NE 1/ from which a brass cap monument marking the northeasterly corner of said NE 1/4 bears S 89°13'22" E a distance of 2657.89 feet; Thence S 89°13322" E along the northerly boundary of said NE 1/4 a distance of 1148.94 feet to a point; Thence leaving said northerly boundary S 0°34'21" W a distance of 48.00 feet to the POINT OF BEGINNING; Thence continuing S 0°34'21" W a distance of 2 1. 00 feet to a point; Thence S 89013'22" E a distance of 10.00 feet to a point; Thence N 0°34'21" E a distance of 21.00 feet to a point; Thence N 89°13'22" W a distance of 10.00 feet to the POINT OF BEGINNING. This parcel contains 210 square feet (0.005 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K, Bennett, PLS V �� Civil Survey Consultants, Incorporated February 27, 2013 p 147/5 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 04110/13 12:03 PM DEPUTY Vicky Bailey III IIII'lllll'llll'IIIIIIIII'll'II'll RECORDED -REQUEST OF Meridian City 113038352 EASEMENT NO. 2 THIS INDENTURE, made this day of �, , 2013 between Steve Bainbridge and Dave Conley, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sewer main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of a sewer main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sewer line and its allied facilities, together with its maintenance, additional connection thereto, repair and replacement at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the sewer line, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement Page I of 3 Parcel 20 Easement No. 2—Bainbridge/Conley THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ss County of Ada ) On this 13 day of ( , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Steve Bainbridge and Dave Conley, identified to me to be the owners that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above,willifteni, C • it �vba . E NOTA PUBLIC FOR IDAHO Residing, at: a®�® OF Commission Expires: V Sewer Main Easement Page 2 of 3 Parcel 20 Easement No. 2—Bainbridge/Conley GRANTEE: CITY OF MERIDIAN -0 AUGUsp Q I9o� Tammy de Weerd, ayor 1 a4 Uo IN-� �i i _may w Atte t by J y e L. Ho ,City Clerk w A41p.OR n Approved By City Council On:_Q STATE OF IDAHO ) ) ss County of Ada ) On this day of A j� , 20 k 7�1-> , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and HOL.[G -M known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. • ••�q-®�®� NOTARY PUB C FOR IDAHO Residing at: G J�b J l Commission Expires:' r OF •�® Sewer Main Easement Page 3 of 3 Parcel 20 Easement No. 2—Bainbridge/Conley "1_EAKE1,T1ET1TDUSCaPTIO1 FOR CITY OF MERIDIAN, IDAHO EASEMENT NO. An easement for utility purposes located in the NE V4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE 1/4 from which a brass cap monument marking the northeasterly corner of said NE Y4 bears S 89°13'22" E a distance of 2657.89 feet; Thence S 89°13'22" E along the northerly boundary of said NE %4 a distance of 1287,45 feet to a point; Thence leaving said northerly boundary S 0°46'38" W a distance of 48.00 feet to the POINT OF BEGINNING; Thence S 0034'1011 W a distance of 20.00 feet to a point; Thence S 89013'22" E a distance of 20.00 feet to a point; Thence N 0°34' 10" E a distance of 2 0. 00 feet to a point; Thence N 89°13'22" W a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 400 square feet (0.009 acres) and is subject to any other easements existing or in use, Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated Nal _ R Fj) February 27, 2013 ho 9 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 04/10113 12:03 PM DEPUTY Vicky Bailey III I'll'lll'I'llllfllllllflll'111 I III RECORDED -REQUEST OF Meridian City 113038354 MUM � n THIS INDENTURE, made this ` i ) day of A � r , 2013 between Steve Bainbridge and Dave Conley, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and its allied facilities, together with its maintenance, additional connection thereto, repair and replacement at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, malting repairs, performing other maintenance or making subsequent connection to the water line, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement Pagel of 3 Parcel 19 Easement No. 2—Bainbridge/Conley GRANTEE: CITY OF MERIDIAN Tammy de Wle, Mayor In QED AticUs J J� o� city of E IDIAN#-- wawa SEAQ_, w 4~ ity Clerk Approved By City Council On: Rpr, ` � k ki STATE OF IDAHO ) ss County of Ada ) On this W4-dayof ,� i _ , 24 !, , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD andJA tom, . , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,•' O NOTARY PU IC FOR TIDMAHOResiding at: _C�f Q ITL"� 3 09 e Commission Expires, -�--M r--- OF ewe Water Main Easement Page 3 of 3 Parcel 19 Easement No. 2—Bainbridge/Conley THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRAN RS: Ower, St -ve Bainb ge t Owner, Dave C nley STATE OF IDAHO ) ss County of Ada ) On this. day of �Z- c r 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Steve Bainbridge and Dave Conley, identified to me to be the owners that executed the within instrument. IN WITNEd S S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year �I, Y 0 f �Apa / fist a1�o�:A vrl t n-:," NOT `RY PLr ELIC FOR IDAHO J, at.. Residing` � L f- � s v ®®®® Commission Expires: 4-111,46 Water Main Easement Page 2 of 3 Parcel 19 Easement No. 2-Bainbridge/Conley i V n: k ,. CITY OF MERIDIAN, IDAHO PARCEL 19 - ., EASEMENT NO. 2 An easement for utility purposes located in the NE '/ of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marling the northwesterly corner of said NE V4 from which a brass cap monument marking the northeasterly corner of said NE Y4 bears S 89°13'22" E a distance of 2657.89 feet; Thence S 89013'22" E along the northerly boundary of said NE I/a a distance of 1148.94 feet to a point; Thence leaving said northerly boundary S 0°34'21" W a distance of 48.00 feet to the POINT OF BEGINNING; Thence continuing S 0°34'21" W a distance of 2 1. 00 feet to a point; Thence N 89°13'22" W a distance of 10.00 feet to a point; Thence N 0°34'21" E a distance of 2 1. 00 feet to a point; Thence S 89°13'22" E a distance of 10.00 feet to the POINT OF BEGINNING. This parcel contains 210 square feet (0.005 acres) and is subject to any other easements existing or in use, Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated February 27, 2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 04/10113 12:03 PM RDEPUTY ECOADEDIC REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III Meridian City 313038355 WA LIMA VAN i THIS INDENTURE, made this �) ' day of A ny',, 2013 between Steve Bainbridge and Dave Conley, the parties of the Arst part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sewer main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of a sewer main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sewer line and its allied facilities, together with its maintenance, additional connection thereto, repair and replacement at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the sewer line, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement Page 1 of 3 Parcel 19 Easement No. 1—Bainbridge/Conley THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTORS: s ONVner, Steve Bambr- ge Ow er, Dave Conl STATE OF IDAHO ) } ss County of Ada ) On this _I I day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Steve Bainbridge and Dave Conley, identified to me to be the owners that executed the within instrument. IN WITNg5S X1WREOF, I have hereunto set my hand and affixed my official seal the day and year fist abgAe�'® NOTPY PUB C FOR IDAHO y Resi ing at: �►^_f- Commission Expires: �- Sewer Main Easement Page 2 of 3 Parcel 19 Easement No. 1-Bainbridge/Conley GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor von ? �, 4 " City of E IDIANIr - �`' IDAHO s - �� IFA - y � Atte by J yc L. Holman, Clerk �� 1,(j j , 6 4� $°�r6eTREh50 Approved By City Council On: I;Dr,�j C \a,, STATE OF IDAHO ) ss County of Ada ) On this q day of r� , 20 I , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and -GE . -S J cwl " , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. apses L4 - " "n 0 T,4' NOTARY PUB IC FOR IDAHO (SEAL) 0 Residing at: a Commission Expires: �e �js m moos*OF IDN � Sewer Main Easement Page 3 o£3 Parcel 19 Easement No. 1-Bainbridge/Conley UTILITY EASEMENT DESCRIPTION FORTIIE CITY OF MERIDIAN, r i PARCEL , ; r EASEMENT V0 -.1 - An easement for utility purposes located in the NE 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marring the northwesterly corner of said NE 1/ from which a brass cap monument marring the northeasterly corner of said NE 1/ bears S 89°13'22" E a distance of 2657.89 feet; Thence S 89'13'22" E along the northerly boundary of said NE V4 a distance of 811.76 feet to a point; Thence leaving said northerly boundary S 0°46'38" W a distance of 48.00 feet to the POINT OF BEGINNING; Thence continuing S 0°46'38" W a distance of 37.00 feet to a point; Thence N 89°13'22" W a distance of 20.11 feet to a point; Thence N 0°56'56" E a distance of 37.00 feet to a point; Thence S 89'13'22" E a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 742 square feet (0.017 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated February 22, 2013 r . `'U 1/4 SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE NE 1/4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, I DA H 0 . SCALE: 1" =20' S 89° 13'22" E 2657,89' 1846,13' r fi r o �o �00 81� POINT OF BEGINNING S 89013'22" E 20,00' WI !�i-1 :x ® Ld 0 00 101 q L ice! � ` u' I �. toM� I Z • (� 0.11 21 N 89613"20" W S1214120661 2155 STEVEN BAINBRIDGE/DAVID CONLEY 1 12 14+2 4 13 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 04/10113 12:03 PM DEPUTY Vicky Bailey III I'IIIIII'llllll'IIII'�IIIII'llllll RECORDED -REQUEST OF Meridian City 113038356 q 1111`1 .,; 9 D u THIS INDENTURE, made this day of , \ , 2013 between Calnon Enterprises, LP, the party of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide a sanitary sewer, water and recycled water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer, water and recycled water mains are to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of sanitary sewer, water and recycled water mains over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer, water and recycled water lines and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the sanitary sewer, water and recycled waterlines, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer, Water and Recycled Water Main Easement Pagel of 3 Parcel 18 — Calnon Enterprises, LP THE GRANTOR hereby covenants and agrees that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the GRANTEE that should.any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become hull and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNES S WHEREOF, the said party of the first part has hereunto subscribed their signature the day and year first herein above written. GRANTOR: General Partner, Kathleen Kostka STATE OF IDAHO ) ss County of Ada ) On this, day of (�, V�1 , 2013, before me, the undersigned, a Notary Public in and for said State, -personally appeared Kathleen Kostka known or identified to me to be a member of the Limited Partnership that executed the within instrument, and acknowledged to me that such Limited Partnership executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ATHEAt�ICE �..State of Idaho NOTARY PUBLIC FORI AHO Residing at: '\A\ Commission Expires: Sanitary Sewer, Water and Recycled Water Main Easement Page 2 of Parcel 18 — Calnon Enterprises, LP GRANTEE: CITY OF MERIDIAN .f Tammy de Weerd, ezlzll_� Approved By City Council On:-- Apr j STATE OF IDAHO ss County of Ada 1 N1�D A V (G3 0 Is City, of A SF—AL AN* ti the 70N On this _... q -f h day of - 4T)�, k .11 2013, before me, the undersigned, a Notary Public in and for said State, persona ' Ily appeared TAMMY DE WEERD and j-� 0,930,les known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO 0 1, 0tSEAL)Residing at:C � I d- LW -0 0 Commission Expires: d)*4 OF to 606890 Sanitary Sewer, Water and Recycled Water Main Easement Page 3 of 3 Parcel 18 — Calnon Enterprises, LP 4TILITY EASEMENT DESCRIPTION FORTHE CITY OF 1 IDAHO i An easement for utility purposes located in the NE 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marring the northwesterly corner of said NE 1/ from which a brass cap monument marring the northeasterly corner of said NE 1/4 bears S 89°1322" E a distance of 2657.89 feet; Thence S 89°13'22" E along the northerly boundary of said NE 1/4 a distance of 268.13 feet to a point; Thence leaving said northerly boundary S 0'46'38" W a distance of 89.00 feet to the POINT OF BEGINNING; Thence continuing S 0°46'38" W a distance of 8,00 feet to a point; Thence S 89°13'22" E a distance of 54.00 feet to a point; Thence N 0°46'38" E a distance of 8.00 feet to a point; Thence N 89'13'22" W a distance of 54.00 feet to the POINT OF BEGINNING, This parcel contains 432 square feet (0.010 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated March 7, 2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 6 BOISE IDAHO 0-0110!13 12:03 PM RDEPUTY ECORDED- RBailey EQUEST III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Meridian City 113038357 . r A ' , PARCELSCHOOL DISTRICT THIS INDENTURE, made this � day of � Y- 2013 between Joint School District No. 2, the party of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide right-of-way for sanitary sewer, water and recycled water mains across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer, water and recycled water mains are to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of sanitary sewer, water and recycled water mains over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer, Water and Recycled Water Main Easement Page 1 of 3 Parcel 9 — Joint School District No. 2 THE GRANTOR hereby covenants and agrees that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Joint Schoo 'st •ict No. 2 Dr. Linda dark, Superintendent STATE OF IDAHO ) ss County of Ada ) On this oWC day of MONA , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Dr. Linda Clark, known or identified to me to be the Superintendent of Joint School District No. 2 that executed the within instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above � �� e , b e". I A ® ®� ot NOTARY PUBLIC FOR IDAHO AL) ® Ea Residing at: o`p/, kl, 4 Commission Expires: 2 dA °7-1 ease 000 14 OFost$®�®� Sanitary Sewer, Water and Recycled Water Main Easement Page 2 of 3 Parcel 9 — Joint School District No. 2 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, AttesIJby A4c�d L. O� NTD A UC Usi O4� l �� o, ti City of F TDIA' IDAHO Clerk SEAL "y �fi J4 rhe 'f Approved By City Council On: ',(D �>- STATE OF IDAHO ) ss County of Ada ) t� On this q day of �,\ , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and g Y known to me to be the Mayor and City Clerk, respectively, of the Cit of Meridian Y y ,Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. °« W44�-M (A-ah-� NOTARY PUB C FOR IDAHO (SEAL) Residing at: Commission Expires: --�--� OF VD 00 Sanitary Sewer, Water and Recycled Water Main Easement Page 3 of 3 Parcel 9 — Joint School District. No. 2 ARM -1W.1 UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO An easement for utility purposes located in the SE %4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at a 5/8 inch diameter iron pin marling the southwesterly corner of said SEl/ from which a brass cap monument marking the southeasterly comer of said SE 1/4 bears S 89°13'22" E a distance of 2657.89 feet; Thence S 89°13'22" E along the southerly boundary of said SE 1/ a distance of 268.13 feet to a point; Thence leaving said southerly boundary N 0°46'38" E a distance of 30,00 feet to the POINT OF BEGINNING; Thence continuing N 0046'3 8" E a distance of 49,00 feet to a point; Thence S 89°13'22" E a distance of 54.00 feet to a point; Thence S 0'46'3 8" W a distance of 49, 00 feet to a point; Thence N 89°13'22" W a distance of 54.00 feet to the POINT OF BEGINNING, This parcel contains 2,645 square feet (0,061 acres) and is subject to any other easements existing or in use, Prepared by; Glenn K. 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S $ + I n ♦ � ,� N x�v � � 1 � 1 I 1 .._..._....._—j_....... i , 1 : I O f 4 I . p6• ,44- • i I •Y :I...�i.l.+ .I.:-1+_,1.. L.f .:,a i.-1.). lilli.il.lj_.I_,I�....I..L.I .J:s.If tI L11.Af U.. Lt....L_.l. :...1 -LL C lN -NAY' lnazki N m 01 00 00 N M 1 m h LO p J u) u1 to 47 0 I DO j 1 j )0'0 j N n N N N N N •� N rc ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 04110113 12:03 PM RECORDEDDEPUTY `REQUESTOF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Meridian City 113038358 SANITARY SEWER, WATER AND RECYCLED WATER MAIN EASEMENT VOLANTE INVESTMENTS i THIS INDENTURE, made this a day of PN)-- , 2013 between Volante Investments LLLP, the parties of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide a sanitary sewer, water and recycled water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer, water and recycled water mains are to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be receivedby the GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of sanitary sewer, water and recycled water mains over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer, water and recycled water lines and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience ofthe GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right -of -Way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the sanitary sewer, water and recycled water lines, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer, Water and Recycled Water Main Easement Page 1 of 3 Parcel 7-Volante Investments LLLP THE GRANTOR hereby covenants and agrees that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) 1-0 A - On this day of -,41kem , 2013, before me, the undersigned, a Notary ry Public in and for said State, personally appeared Ronald W. Van Auker known or identified to me to be the General Partner, respectively, of the entity that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and near FARY PUBLIC idin at: IV; Commission Expires: Sanitary Sewer, Water and Recycled Water Main Easement Page 2 of 3 Parcell Volante Investments LLLP GRANTEE: CITY OF MERIDIAN Tammy de Weerd , � 0ayor ja Wcity 0 E IDIAN*--- JOAHO SEAL Aftdst boa�/cee L. Holman, City Clerk NZLI, I h e I R E f, 0�1�1�0/ Approved By City Council On:. STATE OF IDAHO ss County of Ada +-11 On this - -q day of UArA 20 before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and -FL. --)" Tf0VVhkN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Sanitary Sewer, Water and Recycled Water Main Easement Page 3 of 3 Parcel 7 —Volante Investments LLLP NOTARY PUBL C FOR IDAHO (SEAL)1 Residing at: Commission Expires:_ OF alsoGoo see* Sanitary Sewer, Water and Recycled Water Main Easement Page 3 of 3 Parcel 7 —Volante Investments LLLP O FORTHE CITY OF MERIDIAN, An easement for utility purposes located in the SW '/ of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marling the southeasterly corner of said SW 1/4 from which a 5/8 inch diameter iron pin marling the southwesterly corer of said SW 1/4 bears N 89°09'35" W a distance of 2 65 8.24 feet; Thence N 89°09'35" W along the southerly boundary of said SW'/4 a distance of 264.34 feet to a point)- Thence oint; Thence leaving said southerly boundary N 0°32'32" E a distance of 30.00 feet to the POINT OF BEGINNING; Thence continuing N 003232" E a distance of 49,00 feet to a point; Thence N 89°09'35" W a distance of 43,43 feet to a point; Thence S 0°50'25" W a distance of 49.00 feet to a point; Thence S 89°09'35" E a distance of 43.69 feet to the POINT OF BEGINNING. This parcel contains 2,134 square feet (0.049 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated March 11, 2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT ,00 I BOISE IDAHO 04/10113 12:03 PM DEPUTY RECORDED C REQUESViT OF III I IIIIIIIIIII I IIII IIIIIIIIIIIIII III Meridian Ciry 113038364 PARCELMATER SERVICE EASEMENT - 4 JERRY R. ', KIMBERLY DEE MITICH-BOWERS THIS INDENTURE, made this day of 2013, between Jerry R. and Kimberly Dee Mitich-Bowers, the parties of the first part, and hereinafter called the GRANTORS, and the CITY OF MERIDIAN, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water service line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water service line is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of a water service line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of operation of a water service line and its allied facilities, together with its maintenance, repair and replacement at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs or performing other maintenance, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Service Easement Page 1 of 3 Parcel 4 — Jerry R. and Kimberly Dee Mitich-Bowers THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which. would interfere with the use of said easement, for the purposes stated herein. 'THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. IN WITNES S WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTORS: Owr 4r, JeriR. Bowers Owner, Kim erly Dee Mitich-Bowers STATE OF IDAHO ) ss County of Ada ) N1 On this day of� c��1 , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerry R. and Kimberly Dee Mitich-Bowers, identified to me to be the owners that executed the within instrument. IN WITNES S WHEREOF., I have hereunto set my hand and affixed my official seal the day and year r7 C7 fist above written ..,', yf ARY PUBLIC FOR IDA (SEAL �; Re ding at: I,i.% ��r°� 6�,i l C� Commission Expires: at y) 1_ 0 Water Service Easement Page 2 of 3 Parcel 4 — Jerry R. and Kimberly Dee Mitich-Bowers GRANTEE: CITY OF MERIDIAN Tammy de We d ayor ��°'V- TED o, City of Atte' by a c� L. Holman, ty Cl SEAL a� y ti 4 Approved By City Council On: STATE � i'�r ► �� o,r reF� ��y ~t � , OF IDAHO ) ss County of Ada ) On this CP day of t �� , 20 l before me the 4----- �, undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and -)one S HDtM-A T, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 000060800 ®-�_�, AL) 60' 00488 ,86�� Water Service Easement Parcel 4 — Jerry R. and Kimberly Dee Mitich-Bowers NOTARY PUB IC FOR IDAHO Residing at: Commission Expires:' Page 3 of 3 WATER= SERVICE EASEMENT DESCRIPTIONFOR THE IDAHO EASEMENT NO. 2 An easement for water service purposes located in the SW 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at a 5/8 inch diameter iron pin marking the southeasterly corner of said SW 1/4 from which a 5/8 inch diameter iron pin marking the southwesterly corner of said SW 1/4 bears N 89°09'35" W a distance of 2658.24 feet; Thence N 89109'35" W along the southerly boundary of said SW 1/4a distance of 1273.24 feet to a point; Thence leaving said southerly boundary N 0°50'25" E a distance of 30.00 feet to the POINT OF BEGINNING; Thence continuing N 0°50'25" E a distance of 9.00 feet to a point; Thence S 89°09'35" E a distance of 20.00 feet to a point; Thence S 0°50'25" W a distance of 9.00 feet to a point; Thence N 89°09'35" W a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 180 square feet (0.004 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS iERFo Civil Survey Consultants, Incorporated V; March 11, 2013 X82 SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SW 1/4 OF SECTION 1 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, POISE MERIDIAN, ADA COUNTY, IDAHO. 1385.00' SCALE: 1 "=20' S1211346615 2770 JERRY AND KIMBERLY MITICH-BOWERS O EASEMENT NO. N 0050'25" E S 89609135" E S 0°50'25" W 9,00' 20,00' 9,00' 20,00' 09 09 35 W POINT OF BEGINNING w r N � zi M FRANKLIN ROAD N 89'09'35" W -2-658.24 1273.24' 1/4 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 04/10/13 12;03 PM DEPUTY Vicky Bailey RECORDED -REQUEST OF III IIIlIIIIIIIIIIIIIIIIIIIIIIII III III Meridian City 113038363 '0 A, 1 Pk ar r • '� r -f� THIS INDENTURE, made this .q_ day of Anyv\ , 2013 between Jerry R. and Kimberly Dee Mitich-Bowers, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and its allied facilities, together with its maintenance, additional connection thereto, repair and replacement at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement Page X of 3 Parcel 4 — Jerry R. and Kimberly Dee Mitich-Bowers THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written.- GRANTORS: ritten: GRANTORS: EUZ ' � Owner, KA�iberly Dee Mitich-Bowers STATE OF IDAHO ) ss County of Ada ) On this A -k day of� �r�l� , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerry R. and Kimberly Dee Mitich-Bowers, identified to me to be the owners that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. �fi 4 a ' OT RY PUBLIC ORIDAHO a r SAL) f Res' ing at: �� 01 gh5 ©F� Commission Expires: ctvi z '-b 1 XT, Water Main Easement Parcel 4 — Jerry R. and Kimberly Dee Mitich-Bowers Page 2 of 3 GRANTEE: CITY OF MERIDIAN Tammy de W AUgtj Ij .gQ (&AfEc ity of IDI AN IDAHO SES H y4 1 TRE A5 o �- Aftdst bt�y� L. Holmes City Cl 'Ta dot Approved By City Council On: Ate_ STATE OF IDAHO ) ss County of Ada ) On this _ day of 9 20 ,before me, the undersigned, a Notary id State personally appeared TAMMY DE WEERD and J b. ')M� Public in and for said , p Y ilotMA-N, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •`"�'° NOTARY PUB C FOR IDAHO "4,'(SVAL) Residing at: Commission Expires: o °° ®owes Page 3 of 3 Water Main Easement Parcel 4 -- Jerry R. and Kimberly Dee Mitich-Bowers EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIANI', IDAHO PARCEL 4 -- JERRY AND KIMBERLY MITICH-BOWERS EASEMENT NO.1 An easement for utility purposes located in the SW 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SW 1/4 fiom which a 5/8 inch diameter iron pin marking the southeasterly corner of said SW 1/4 bears S 89°09'35" E a distance of 2658.24 feet; Thence S 89°09'35" E along the southerly boundary of said SW 1/4a distance of 1236.62 feet to a point; Thence leaving said southerly boundary N 0°40'51" E a distance of 30.00 feet to the POINT OF BEGINNING; Thence continuing N 0'40'5 1 " E a distance of 49.00 feet to a point; Thence S 89°09'35" E a distance of 27.54 feet to a point; Thence S 0°50'25" W a distance of 49.00 feet to a point; Thence N 89°09'35" W a distance of 27,41 feet to the POINT OF BEGINNING. This parcel contains 1,346 square feet (0,031 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated March 11, 2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 04/10/13 12:03 PM DEPUTY ViRECORDED `REQUEST OF III II IIIIIIIIIIIIIIIIIIIIIIII II III III Meridian City 113E 38362 APrv\ THIS INDENTURE, made this day of reh, 2013 between John H. Morton, the party of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide a sanitary sewer and recycled water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and recycled water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of a sanitary sewer and recycled water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer and recycled water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the sanitary sewer and water line, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer And Recycled Water Main Easement Page 1 of 3 Parcel 3 — John Morton THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part -thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the -said parties of the first part ha -hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ss County of Ada ) �� On this J day of March, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared John H. Morton, known or identified to me to be the owner of the property that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my fist above written. I t Sanitary Sewer And Recycled Water Main Easement Parcel 3 — John Morton N RYP ICF Residing at: C lh Commission Expires: ial seal the day and year 20 1 L Page 2 of 3 GRANTEE: CITY OF MERIDIAN j o44OSNIVIv T)A v� s Tammy de Wr , Mayor City <.,: .,1 l D FAL At st by J ee L. o ,City Clerk �°rt6e TAEaS Approved By City Council On:26 z" STATE OF IDAHO ) ss County of Ada ) On this CV4-h� day of A __ , 20 l, -t> , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and iAz6GI ;E-�. , a a known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 69968666 0,1 LL `f f, %NOTARY PUB IC FOR IDA110 Residing at: �� ()� m Commission Expires: �-- --/ OF Sanitary Sewer And Recycled Water Main Easement Page 3 of 3 Parcel 3 — John Morton JPA, UM T A, FORTHE CITY OF MERIDIAN, IDAHO An easement for utility purposes located in the SW 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwesterly corer of said SW Z/4 from which a 5/8 inch diameter iron pin marking the southeasterly corner of said SW V4 bears S 89°09'35" E a distance of 2658.24 feet; Thence S 89°09'35" E along the southerly boundary of said SW %4 a distance of 1236,62 feet to a point; Thence leaving said southerly boundary N 0°40'51" E a distance of 49.00 feet to the POINT OF BEGINNING; Thence continuing N 0°40'51" E a distance of 3 0. 00 feet to a point; Thence N 89°09'35" W a distance of 26.46 feet to apoint; Thence S 0150'25" W a distance of 30.00 feet to a point; Thence S 89°09'35" E a distance of 26.54 feet to the POINT OF BEGINNING. This parcel contains 795 square feet (0, 018 acres) and is subj ect to any other easements existing or in use. Prepared by: Glenn K, Bennett, PLS Civil Survey Consultants, Incorporated February 28, 2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 E BOISE IDAHO 04110113 12:03 PM DEPUTY Vicky RECORDED —REQUEST OF II I I I III IIII I II I II IIIIII IIII III III III Meridian City 11303 361 of IV DOROTHY BOWERS THIS INDENTURE, made this�^�, � day of n 0\1r'l �, , 2013, between Dorothy R. Bowers, the party of the first part, and hereinafter called the GRANTOR, and the CITY OF MERIDIAN, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide a water service line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water service line is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline fiom time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and otherood and valuable consideration the GRANTOR does hereby y ive g` ,grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of a water service line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of operation of a water service line and its allied facilities, together with its maintenance, repair and replacement at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right -of --way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs or performing other maintenance, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Service Easement Pagel of 3 Parcel 5 — Dorothy R. Bowers THE GRANTOR hereby covenants and agrees that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Owner, Dorothyt R. Bowers STATE OF IDAHO ) ss County of Ada ) On this 6 _ day of 0'\T ' , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Dorothy R. Bowers, identified to me to be the owners that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. Water Service Easement Parcel 5 — Dorothy R. Bowers TARP P LIC FOR ID Residing at: �{Q,t�� 1�� n l n Commission Expires:, k Z©i L1 Page 2 of 3 GRANTEE: CITY OF MERIDIAN Tammy de W �er , Mayor Attest b0a*ee L. Approved By City Council STATE OF IDAHO ss County of Ada TED A STl City of E�JD I ILA NV tt-; IDAHO Y SEAL Clerk NZfl— 1 he T R F On this dayofbefore me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and 1AYtE-&L—, �aat TK* -MAX, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. AAa ekelte T4 NOTARY PUB ff FOR IDAH (SEAL) Residing at: I a Commission Expires: % OF 06411119909 Water Service Easement Page 3 of 3 Parcel 5 — Dorothy R. Bowers I ANYso IN WATER SERVICE EASEMENT DESCRIPTION FORTHE CITY OF MERIDIAN9 IDAHO An easement for water service purposes located in the SW 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southeasterly corner of said SW 1/4 from which a 5/8 inch diameter iron pin marking the southwesterly corner of said SW 1/4 bears N 89°09'35" W a distance of 2658.24 feet; Thence N 89109'35" W along the southerly boundary of said SW %4 a distance of 1130.24 feet to a point; Thence leaving said southerly boundary N 0°50'25" E a distance of 30.00 feet to the POINT OF BEGINNING; Thence continuing N 0°50'25" E a distance of 9.00 feet to a point; Thence S 89°09'35" E a distance of 20.00 feet to a point; Thence S 0°50'25" W a distance of 9.00 feet to a point; Thence N 89°09'35" W a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 180 square feet (0.004 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated March 11, 2013 r SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SW 1/4 OF SECTION 1 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. 10 11 15 14 1528,00' SCALE: 1 `20' S1 21 1 346700 2740 DOROTHY BOWERS 0 S 89909'35" E N O°50'25" E 2®.00' S 0650'25" W 9.00 9.00 20.00' _ _ POINT OF N 89°09'35" W ~' BEGINNING w, z N 0 ohOo 0 O M ziFRANKLIN ROA S 89°0935" E 2658,24' 1130,24' 1/4 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .OD 6015E IDAHO 04110/13 12:03 PM DEPUTY Vicky Bailey III IIII'�II'I'III"IIII'IIIIIIIIIIIII RECORDED -REQUEST OF Meridian City 113038360 -milli ' . PARCEL i - EASEMENT NO. I VOLANTE LWESTMENTS LLLP THIS INDENTURE, made this 9 � day of , 2013 between Volante Investments LLLP, the parties of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide a sanitary sewer, water and recycled water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer, water and recycled water mains are to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of sanitary sewer, water and recycled water mains over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer, water and recycled water lines and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience ofthe GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the sanitary sewer, water and recycled water lines, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer, Water and Recycled Water Main Easement Page 1 of 3 Parcel 6 — Easement No. 1 - Volante Investments LLLP THE GRANTOR hereby covenants and agrees that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: VOL -ANTE] r i onald W. Van Auker, GeneraiPartner STATE OF IDAHO ) ss County of Ada ) On this A- dajb-d-1Y of, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van Auker known or identified to me to be the General Partner, respectively, of the entity that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above writW aaeon., 1/ 1 OTARY PUBLIC FOR IDAHO Residing at: k Commission Expires: Sanitary Sewer, Water and Recycled Water Main Easement Page 2 of 3 Parcel 6 — Easement No. 1 - Volante Investments LLLP GRANTEE: CITY OF MERIDIAN Tammy de Weer( Attest by faycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) rl'f 1) AUgUS�' City of E IDIA joAH� SES On this q day of-� �� , 20 t__3, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and „A CE L __S tv u� ) N, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBUC FOR IDAH (SEAL) 1 tit Residing at: Commission Expires: a..._r.. *0 4 48(j8=9006 Sanitary Sewer, Water and Recycled Water Main Easement Page 3 of 3 Parcel 6 — Easement No. 1 - Volante Investments LLLP w 411TUffTEASE MEAT 1 1 , , ' THE CITY OF 1IDAHO PARCEL 6 — VOLANTE INVESTME NTS, LLLP EASEMENT NO. I An easement for utility purposes located in the SW V4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southeasterly corner of said SW '/ from which a 5/8 inch diameter iron pin marling the southwesterly coiner of said SW %4 bears N 89°09'35" W a distance of 2658.24 feet; Thence N 89°09'35" W along the southerly boundary of said SW 14 a distance of 965.24 feet to a point; Thence leaving said southerly boundary N 0°50'25" E a distance of 30.00 feet to the POINT OF BEGINNING; Thence continuing N 0°50'25" E a distance of 42.00 feet to a point; Thence N 89°09'35" W a distance of 52.00 feet to a point; Thence S *0°50'25" W a distance of 42.00 feet to a point; Thence S 89°09'35" E a distance of 52.00 feet to the POINT OF BEGINNING. This parcel contains 2,184 square feet (0.050 acres) and is subject to any other easements existing or in use, Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incolporated� March 11, 2013 Fej�, �Cy4 182 eY F Ems' ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 04110113 12:03 PM DEPUTY RECORDEDIC REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III Meridian City 113038359 SANITARY SEWER, WATER AN RECYCLED WATER MAIN EASEMENT PARCEL 1 - EASEMENT NO. 2 THIS INDENTURE, made this q 1�1 day ofpn', 2013 between Volante Investments LLLP, the parties of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide a sanitary sewer, water and recycled water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer, water and recycled water mains are to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of sanitary sewer, water and recycled water mains over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer, Water and recycled water lines and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience ofthe GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the sanitary sewer, water and recycled waterlines, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer, Water and Recycled Water Main Easement Pagel of 3 Parcel 6 — Easement No. 2 - Volante Investments LLLP THE GRANTOR hereby covenants and agrees that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the.f rst part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: VOLA N— TE INVESTMENTS Ro,dald W. Van Auker, General Partner STATE OF IDAHO ) ) ss County of Ada ) i On this day of , °�` , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van Auker known or identified to me to be the General Partner, respectively, of the entity that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and vear fist above writt aoaesgs& O T4 � �S A) 190 %G ®® OF I'D �®®e000eeoeg0® Commission Expires Sanitary Sewer, Water and Recycled Water Main Easement Page 2 of 3 Parcel 6 — Easement No. 2 - Volante Investments LLLP GRANTEE: CITY OF MERIDIAN Tammy de W t �Q��U A UG s7, I jj 9 city of I TDI ""- E IOANONO Vo SEAL JClerk�'r°� °r the IAtbS�4 Approved By City Council On: t� r STATE OF IDAHO ) ss County of Ada 4n this day of� r 20 (3 ----S____ , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and , -,)ate -)b r, e�s ` fOtJVIAN, known to rye to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written, 00666966 4° NOTARY PUBIAC FOR IDAHO (SEAL) Residing at: Commission Expires:_; Sanitary Sewer, Water and Recycled Water Main Easement Parcel 6 — Easement No. 2 - Volante Investments LLLP Page 3 of 3 EXHIBIT UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 6 -- VOLANTE INVESTMENTS, LLLP EASEMENT NO.2 An easement for utility purposes located in the SW 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southeasterly comer of said SW 1/ from which a 5/8 inch diameter iron pin marking the southwesterly corner of said SW 1/4 bears N 89°09'35" W a distance of 2658.24 feet; Thence N 89°09'35" W along the southerly boundary of said SW 1/4 a distance of 521.24 feet to a point; Thence leaving said southerly boundary N 0°50'25" E a distance of 30,00 feet to the POINT OF BEGINNING; Thence continuing N 0150'25" E a distance of 45.00 feet to a point; Thence N 89°09'35" W a distance of 52.00 feet to a point; Thence S 0°50'25" W a distance of 45.00 feet to a point; Thence S 89°09'35" E a distance of 52.00 feet to the POINT OF BEGINNING. This parcel contains 2,340 square feet (0.054 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated March 27, 2013 DATE: April 9, 2013 ITEM NUMBER: 5N ITEM TITLE: Consent • Legacy Church FFCL for approval: Rezone of approximately 3.95 acres of land from the R-4 (medium - low density residential district) zoning district to the 0-T (Old Town District) zoning district for Legacy Church by Legacy Church - s/o W. Cherry Lane, between E. NW I st Street and N. Meridian Road and n/o W. Maple Avenue 11111111111;;71 Ml Ifel DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES F INITIALS 110 1 11�11111quir�i=, filill�1!11�ilgl,,i-i�'lli��l�lli��ll''�� Rim I DATE: April 9, 2013 ITEM NUMBER: 50 ITEM TITLE: Consent Agenda - Red Wing SuS FFCL for approval: Modification to the Cavanaugh Development Agreement to exclude the subject property from the agreement by WH Moore Company - SEC of S. Meridian Road (SH 69) and E. Victory Road CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: April 9, 2013 ITEM NUMBER: 5P ITEM TITLE: Consent Agenda - Red Wing Subdivision FFCL for approval: Rezone of 32.87 acres of land from the C -N and TN -C zoning districts to the R-4 (16.55 acres) and R-15 (16.32 acres) zoning districts by WH Moore Company - SEC of S. Meridian Road (SH 69) and E. Victory Road MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS _1 IIw1_KIK_ --Mm D A ATE: April 4, 2013 ITEN"I NUMBER: 5Q -TEM TITLE: Consent Agenda - Red Wing Subdivision FFCL for approval: Preliminary plat approval consisting of 48 single-family residential building lots; one multi family residential lot and nine common/open space lots by WH Moore Co - SEC of S. Meridian Road (SH 69) and E. Victory Road MEETING NOTES "I All'al�llliji ''0 M 111,1111501ra,151wil III M MAI - DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS IIIIIIIIII, Jill IIIIIIIIIIIIIIIII iiiiiiiii DATE: April 9, 2013 ITEM NUMBER: 5R -TEM TITLE: Consent Agenda - Irvine FFCL for approval: Preliminary Plat approval consisting of 145 residential lots and 12 common lots on approximately 38.5 acres in ane existing R-8 zone by Northside Management - SEC of W. Chinden Bouelvard and n. Ten Mile Road MEETING NOTES RRPRO�Nll'," "I'MUMMIT-7111 M 11 11 ril �Mlm ig A•It, '11111, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 'VII 11111111111 1111111 111 11 pill, Oil 1111ir DATE: April 9, 2013 ITEM NUMBER: 5S V 7 MMM�" 1 -TEM TITLE: Consent Agenda - Rushmore FFCL for approval: Preliminary plat approval of one church lot, three buildable lots and two common lots approximately 5.31 acres in an existing L-0 and R-15 zones by Tealey's Land Surveying - s/o W. Pine Avenue and w/o W. Idaho Avenue and W. Broadway Avenue MEET1110, G VOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ili ii :�illilli��iiiiii��l��l � 11111iIIII1111 r i DATE: April 9, 2013 ITEM NUMBER: 5T ITEM TITLE: Consent Agenda - Rushmore FFCL for approval: Conditional use permit approval for a multi -family development consisting of three 8-plex structures (24 dwelling units) in a proposed R-15 zoning district on approximately 2.17 acres by Tealey's Land Surveying - S/o W. Pine and w/o W. Idaho and Broadway Avenue • 'T111 C-11 F-0, fill mill DATE: E-MAILED TO STAFF SENT To AGENCY SENT TO APPLICANT NOTES INITIALS I I 11101�!! Jill 111 �1 airil 9 2013 ITEM NUMBER: 5U -TEM TITLE: Consent Agenda - Kingsbridgi FFCL for approval: Amend the Kingsbridge Subdivision Development Agreement (Inst # 105092050) for the purpose of modifying the landscape berm height along E. Zaldia Street by Stetson Homes - e/side of S. Eagle Road between E. Victory Road and E. Amity Road MEETING NOTES ill��llilli�1111111��illill��illilli��ilillill��ill��illilli��ilill��ll�� 0 11111 U�:!!��:! IR"01111'rini DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: April 9, 2013 ITEM NUMBER: 5V ITEM TITLE: Consent Agenda - Spurwing Challenge Subdivision FFCL for approval: Final Plat consisting of twenty-three single family lots and four common/other lots on approximately 58.25 acres in an R-8 zoning district by The Club at Spurwing, LLC - NWC of Chinclen Boulevard and N. Linder Road MEETING NOTES •111 AMI'MIT-71T no, 1,11,11,771, a 2-M-1 111, 17-1,13well 11111111F I Mill I CLERKS OFFICE FINAL 4C710V DATE: E-MAILED TO STAFF SENT TO AGENCY SENT To APPLICANT NOTES INITIALS DATE: April 9, 2013 ITEM NUMBER: 6A ITEM TITLE: Community Items / Presentations Discussion on Pilot program for Subscription -based collection of residential grass clippings 1,JJAM7Wi11e3 •t, I III @ I I kz, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: April 9, 2013 ITEM NUMBER: IIIIJ W-1 11, 1 Items moved from Consent Agenda MEETING NOTES 1.1A o -yi- -�- 0 171 lillipilill 1111111 111111111111111 111,11 1mr-71 RIM CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Iril 9 2013 ITEM NUMBER: 8A ITEM TITLE: Action Item,27 Publ :B Public Hearing: Proposed spring/summer 2013 fee schedule of the Meridian Parks and Recreation Department DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ICE 61 i -fop NOWN. mks j N [a WIN un IH 9 to an I W-11 to 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 3:00 p.m. on Tuesday, April 9"', 2013, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding the 2013 Meridian Parks and Recreation Department Fee Schedule, including proposed new fees as set forth below. Further information regarding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Camp Mer -IDA -Moo Summer (1 wk 7:30-5:30) $99.00 Camp Mer -IDA -Moo Summer (1 wk 9:00-3:00) $79.00 Camp Mer -IDA -Teen Summer (1 wk 7:3 Dam -5:3 0pm) $105.00 Camp Mer -IDA -Teen Summer (1 wk 9:OOam-3:OOpm) $85.00 Outdoor Adventure Camp $165.00 Motions School of Dance Camps $65.00 Sports Camps $44.00 Youth Dance Camp $35.00 Young Rembrandts Art Camps $30.00 1,000 Hands Buddha QiGong $60.00 Broadway in the Park $140.00 Building Blocks Lego Class $50.00-$110.00 Dance Technique Boot Camp $52.00 Diabetes Academy Free Emotional Weight Loss $29.96 Nutrition $15.00 Youth Golf $58.00 Zumba Basic $50.00 DATED this 28th day of March, 2013. PUBLISH on April 1st, 2013 and April 81h, 201 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET A P , DATE: April 9, 2013 ITEM NUMBER: 8B ITE1,1! TITLE: Action ItemS Resolution No. 1�--q IT : A resolution adopting the spring/summer 2013 fee schedule of the Meridian Parks and Recreation Department; authorizing the Meridian Parks and Recreation Department to collect such fees; and providing an effective date 0 14 At likl N Zbelfill 11111111 1 111111 1111P M CLERKS OFFICE FW4L-.AeH1# DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS RESOLUTION NO. i 3 — 'A i 13 1 1111 "we A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT 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 April 9, 2013, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, 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 Parks and Recreation Department; Section 1. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 9th day of April, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this 9th day of April, 2013. Mayor ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 1 OF 1 Exhibit A Camp Mer -IDA -Moo Summer (1 wlc 7:30-5:30) $99.00 Camp Mer -IDA -Moo Summer (1 wk 9:00-3:00) $79.00 Camp Mer -IDA -Teen Summer (1 wk 7:3 Dam -5 :3 0 m) $105.00 Camp Mer -IDA -Teen Summer (1 wk 9:00am-3:OOpm) $85.00 Outdoor Adventure Camp $165.00 Motions School of Dance Cams $65.00 Sports Camps $44.00 Youth Dance Camp $35.00 Young Rembrandts Art Camps $30.00 1,000 Hands Buddha QiGong $60.00 Broadway in the Park $140.00 Building Blocks Lego Class $50.00-$110.00 Dance Technique Boot Camp $52.00 Diabetes Academy Free Emotional Weight Loss $29.96 Nutrition $15.00 Youth Golf $58.00 Zumba Basic $50.00 ITEM TITLE: Action Item,1 Public Comment: Large scale special events update to temporary use code CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Wk"OjNl-:l N 117 SATE April 9, 2013 ITEM # • DATE: April 9, 2013 ITEM NUMBER: 8D 7EM TITLE: Action Itema L First reading of Ordinance No. \'--; �1 —: large scale special events update to temporary use code MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICA NT NOTES INITIALS DATE: April 9, 2013 ITEM NUMBER: 9A -TEiT,fl TITLE: Department Reports - Public Works., Rate model presentation MEETING NOTES CLERKS OFFICE FINAL ACTION , DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: April 9,2013 ITEM NUMBER: 9B ITEM TITLE: Department Reports - Public Works: Budget amendment for replacement of the wastewater division's Andritz D51- High Solids decanter centrifuge from Andritz Separation, Inc. for the not to exceed amount of $214,355.00 MEETING NOTES PROVED 11IIIII11II III Oil? 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E3 1: -, W= CD LD. =3 U) =3 CD 0 cn cn =r (D C 0 C,) 0 n. 0 :-, C) 0 21 CD Y) 0 0 (D — 0 CL CD u -J (D (> 0 D < CD 0 0 z > En— o (D rl R 0 0 0 m. o 0 T o NNN moo® (D — o 0 0 Q 0) X 0 ('D 0 (D z G) 0 U) z z 0 0 (D m m 30 i -n 0 < �o C Yl 0 -0 8- U) > CD ;a (D m (n cr (D 0 ch :3 (D (n (n 0 14 0 q cn (D c) 0 (D rp. 0 X, -n (n3 C: -0 CL C: (0 0 -69 (D (n -h m CD 0 (D a o x M m a m x C) CD w (n m Q. 0 C� 10 0 m m 10 > m x M --A 0 (D 4- m 'a En— o (D R 0 0 0 m. o CD o NNN moo® (D — o 0 0 Q 0) Q 0 ('D 0 0 U) z z m m 30 -0 mC) -n 0 < 0 -0 8- U) > CD ;a (D m (n cr (D 0 ch < (D (D (n (n 0 14 0 q cn (D c) 0 (D rp. 0 X, -n (n3 C: -0 (0 0 (D (n -h m 0 (D in x M m CD w (n m Q. 0 10 0 m m > R 0 0M 0 cl) (D CL C)> 0 (D 0 (D 4- En— o (D 0 M 0 T C) co ZPit 0 0 T C) DATE: April 9, 2013 ITEM NUMBER: 9C ITEM TITLE: Department Reports - Public Works: Sole source form with Andritz Separation Inc. for the purchase of D51- high solid decanter centrifuge for a not to exceed amount of $214,355.00 MEETING NOTES •111M, 1111111 � I nilpilin'' 11�11r 4i R ;a=- a M- 0, 346111 �,'=� CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS El� (>W, Public IL Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tracy Crane, Wastewater Division Superintendent Laurelei Ball, Assistant Superintendent Mayor Tammy de Weerd City Council Members$ Keith Bird Brad Hoaglun Charles Rountree David Zaremba DATE: April 3, 2013 SUBJECT: SOLE SOURCE FORM WITH ANDRITZ SEPARATION INC. FOR THE PURCHASE OF D5L HIGH SOLID DECANTER CENTRIFUGE FOR A NOT -TO -EXCEED AMOUNT OF $214,355.00 I. RECOMMENDED ACTION A. Move to: 1. Approve the Sole Source Form for the purchase of an Andritz Separation Inc. D51, High Solids Decanter Centrifuge in an amount not to exceed $214,355.00 II. DEPARTMENT CONTACT PERSONS Tracy Crane, Wastewater Superintendent 409-9891 Laurelei Ball, Assistant Superintendent 888-2191 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Wastewater Division has two Andritz centrifuges located at the west end of the treatment facility in the bio -solids dewatering building. The bio -solids that are treated via anaerobic digestion in the solids stream treatment train are dewatered using our high speed centrifuges prior to disposal. Centrifugal thickening and dewatering is a high speed process that uses the force from rapid rotation of a cylindrical bowl to separate wastewater solids from liquid (U.S. EPA, 1987). Dewatering removes water and produces a drier material referred to as "cake". Page I of 4 Centrifuge #2 has been damaged due to struvite formation. To repair the damaged unit would cost more than 50% of the price of a new unit. If repaired, the repaired unit would come with no warranty and would still have over 15,000 hours of use on many of its parts. Additionally, if repaired, there would be a substantial turnaround time on the unit that would increase the risk of having no centrifugal redundancy for a prolonged period of time (upwards of 6 months). Considering repair costs, logistics, and turn -around time it is our recommendation to buy a new direct replacement for the damaged centrifuge. B. Proposed Project The proposed project will provide the replacement of a darnaged centrifuge that is essential to the operation of our sludge de -watering process. A new unit would be available within two weeks, include a one year warranty, have all new parts, and have an increased overall life span. This purchase would limit the time in which only one centrifuge would be available for operation. Once the purchase is authorized the new unit can be delivered within two weeks and installed in a couple of days, which would minimize the risk of being unable to de -water sludge in the event of a failure of centrifuge #1. IV. IMPACT A. Strategic Irn acct: This purchase supports the Public Works mission and vision to anticipate, plan and provide exemplary public services and facilities that support the needs of our growing community in an efficient, customer focused and financially responsible manner. The replacement of the centrifuge provides equipment for the de- watering of digested sludge and compliance with federal bio -solids regulations. B. Service/Delivery hnpact: The location and extent of the damage to the centrifuge makes catastrophic failure likely due to the high speed rotational forces during operation. If this request is not funded, one of our two centrifuges will be rendered inoperable. This will eliminate redundancy in the system and make centrifuge #1 the only operational unit. This will make preventative maintenance inspections, work, and temporary shut downs difficult. Additionally if the sole remaining centrifuge also experiences a failure, alternative methods of dewatering will need to be implemented immediately to accommodate the 50,000 plus gallons of digested sludge that must be processed on a daily basis. Alternative temporary methods of dewatering will add a significant operational cost to the City (approximately $9,000 every three weeks). Page 2 of 4 C. Fiscal Im acct: The proposed budget amendment would be fimded by the ending fund balance of the Enterprise Fund and would represent a net increase to the FY13 Wastewater Division budget. This request provides funding for the sole source replacement of the damaged centrifuge. Project Costs Andritz D5L centrifuge $ 209,855.00 Factory installation and alignment $ 4,500.00 Total V. ALTERNATIVES $ 214,355.00 In lieu of replacing the centrifuge with a new unit, the Council could chose to authorize the repair of the damaged centrifuge. The fiscal impact for this option is approximately $137,000. This price could increase substantially if additional damage is found during the repair. This option would involve shipping the entire centrifuge via semi -truck to West Virginia to the Andritz repair facility where the damaged components would be repaired and re -balanced on a high speed balance and then shipped back to Meridian. This option, including transit time, would take approximately 5-6 months. Because we would not have redundancy at the facility during those months, the City would be subjected to increased risk and would need to rent or purchase temporary de -watering equipment adding to the overall cost of this option. Repair of the unit would include replacement of the damaged components; however, the rest of the major parts on the machine would continue to have over 15,000 hours of use. We do not recommend this option due to the high cost, long turnaround time, and overall increased risk to the City. The repair is more than 50% of the cost of a new unit. The repaired unit would come with no warranty and would still have over 15,000 hours of use on many of its parts. There is a substantial turnaround time on the repair option that would increase the risk of having no redundancy for a prolonged period of time. VI. TIME CONSTRAINTS Council's approval will allow the Wastewater Division to move forward with the replacement of the damaged centrifuge. Acquisition of this specialized equipment will ensure our ability to continue to effectively dewater the 55,000 gallons of digested sludge that are produced on a daily basis. With only one centrifuge that is operational, our dewatering system remains vulnerable. There is a complete unit that is currently ready to be shipped that can be secured for the City within two weeks. If we chose to defer this replacement, the lead time could increase dramatically to a several month lead time to allow for the production and shipment of a new unit from the production facility in France. Page 3 of 4 VII. LIST OF ATTACHMENTS A. Sole Source Form for the purchase of a Andritz High Solids Decanter Centrifuge Approved for Council Agendw = 'Alt Page 4 of 4 Date C�/(jE IDIAN- CITY OF MERIDIAN SOLE SOURCE FORM Date: 4-2-2013 PURCHASING AGENT 33 East Broadway Avenue Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 Item or Service: Andritz D5L High Solids Decanter Centrifuqe X Sole Source: Item is available from only one vendor. Item is one -of -a kind item and is not sold through distributors. Manufacturer is a sole distributor. Refer to instructions on 2nd page for completion. JUSTIFICATION: The two centrifuges installed in our dewatering process are Andritz Separation Inc. D-5 L decanters. These centrifuges were chosen during the design of our dewatering facilities. The dewatering building and appurtenances have been designed and constructed with these specific brand and model of centrifuges as design parameters. This is a replacement mechanical decanter that would utilize existing motors, polymer delivery system, and PLC controls to help minimize costs. These centrifuge components are part of the Andritz package. Incorporation of another manufacturer's unit would require that the entire centrifuge system would need to be replaced at considerable cost. A direct replacement is our recommendation, as it will allow the continued use of non -damaged components of our system while maintaining the standardization of our dewatering equipment currently in place. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Tracy Crane Requestor (Print.Name)cf _. Departmbnt'Manager Sig a urt e Council Approval Date: Purchasing Approval: _ Purchasing Manager SOLE SOURCE/BRAND EXAMPLES. SOLE SOURCE: Only one (1) vendor if there is only one (1) vendor for the personal property to be acquired. For purposes of this definition, only one (1) vendor shall refer to situations where there is only one (1) source reasonably available and shall include, but not be limited to, the following situations: (i) Where property is required to respond to a life-threatening situation or a situation which is immediately detrimental to the public welfare or property; (ii) Where the compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration; (iii) Where a sole supplier's item is needed for trial use or testing; (iv) The purchase of mass-produced movies, videos, books or other copyrighted materials; (v) The purchase of property for which it is determined there is no functional equivalent; (vi) The purchase of public utility services; (vii) The purchase of products, merchandise or trademarked goods for resale at a political subdivision facility; or (viii) Where competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. THE FOLLOWING ARE NOT REASONS FOR SOLE SOURCE a) Personal preference for a product or vendor. b) Cost, past performance, local presence, delivery etc. These are award criteria to be used in a competitive bid process. c) Specifications that exceed requested performance. E I DIAN*,,-.- Public � D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tracy Crane, Wastewater Division Superintendent Laurelei Ball, Assistant Superintendent DATE: March 31, 2013 Mayor Tammy de Weerd City Council Members+ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: PURCHASE APPROVAL FOR REPLACEMENT OF THE WASTEWATER DIVISION'S ANDRITZ D5L HIGH SOLIDS DECANTER CENTRIFUGE FROM ANDRITZ SEPARATION INC. AMOUNT OF $214,355.00 I. RECOMMENDED ACTION A. Move to: 1. Approve the purchase of an Andritz D-5 L high solids decanter centrifuge in an amount not to exceed $214,355.00; and 2. Authorize the purchase. I1. DEPARTMENT CONTACT PERSONS Tracy Crane, Wastewater Superintendent 409-9891 Laurelei Ball, Assistant Superintendent 888-2191 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Wastewater Division has two Andritz centrifuges located at the west end of the treatment facility in the bio -solids dewatering building. The bio -solids that are treated via anaerobic digestion in the solids stream treatment train are dewatered using our high speed centrifuges prior to disposal. Centrifugal thickening and dewatering is a high speed process that uses the force from rapid rotation of a cylindrical bowl to separate wastewater solids from liquid (U.S. EPA, 1987). Dewatering removes water and Page 1 of 5 produces a drier material referred to as "cake". Dewatering offers the following advantages: • Reduces volume, saving money on storage and transportation. • Eliminates free liquids before landfill disposal. • Produces a material, which when blended with a bulking agent, will have sufficient void space and volatile solids for composting. The Wastewater Division dewatered an average of 55,294 gallons of digested sludge per day via our centrifuges in 2012. Since our sludge drying beds only have 300,000 gallons of storage capacity, without operational centrifuges, alternative methods of dewatering would need to be employed within 5 days to keep the treatment facility fully operational; thus, having two operational centrifuges is vital. Centrifuge #2 has been damaged due to struvite formation. Struvite is hard crystalline compound consisting up of magnesium ammonium phosphate (MAP) and has the chemical formula of MgNH4PO4.6H20. Struvite is commonly found in wastewater treatment plants that employ biological phosphorous (bio -P) removal and have anaerobic digesters. Struvite forms when the specific chemical constituents listed above reach levels of saturation. Struvite is particularly prevalent in areas of turbulence such as centrifuges, pumps, and mixers. Control strategies for struvite typically involve the use of chemicals to bind phosphorus so that saturation and subsequent struvite formation is prevented. The Wastewater Division implemented full scale bio -P removal in 2010 and began adding ferric chloride to the solids stream process in an effort to control struvite. The chemical dosing strategy has been successful in preventing most struvite formation; however, it was recently discovered during the 15,000 hour equipment inspection that struvite had formed between the outside of the bowl and outer casing. This struvite formation acted like a high speed grinder and has caused significant structural damage to the bowl on centrifuge #2. Page 2 of 5 B. Proposed Purchase bowl The proposed purchase will provide a direct replacement of the damaged centrifuge that is essential to the operation of our solids stream treatment process. C. Bidder Selection The two centrifuges. installed in our process are Andritz Separation Inc. D-5 L decanters. These centrifuges were chosen during the design of our dewatering facilities. The r dewatering building and appurtenances have been designed and constructed with these specific brand and model of centrifuges as design parameters. This request is to fund a replacement mechanical decanter that would utilize existing motors, polymer delivery system, and PLC controls to help minimize costs. These existing systems are part of the Andritz package and would have to be replaced at considerable costs if another manufacturer were to be considered. A direct replacement is our recommendation as it will allow the continued use of non -damaged components of our system and maintain the standardization of our dewatering equipment that is currently in place. Additionally, the replacement decanter has a one-year warranty, which may lower operational costs on this heavily used system. TV. IMPACT A. Strategic Impact: This purchase supports the Public Works mission and vision to anticipate, plan, and provide exemplary public services and facilities that support the needs of our growing community in an efficient, customer focused, and financially responsible manner. The replacement of the centrifuge equipment for dewatering digested sludge will allow uninterrupted dewatering that reduces sludge volume, saves money on storage and transportation and eliminates free liquids before landfill disposal. Bio -solids produced at our facility are regulated under our NPDES permit, and replacement will allow for continued compliance with federal bio -solids regulations. Page 3 of 5 B. ServicelDelivery Impact: The location and extent of the damage to the centrifuge makes catastrophic failure likely due to the high speed rotational forces during operation. If this request is not funded, one of our two centrifuges will be rendered inoperable. This will eliminate redundancy in the system and make centrifuge #1 the only operational unit. This will make preventative maintenance inspections, work, and temporary shut downs difficult. Additionally, if the sole remaining centrifuge experiences a failure, alternative methods of dewatering will need to be implemented immediately to accommodate the 50,000 plus gallons of digested sludge that must be processed on a daily basis. Alternative temporary methods of dewatering will add a significant operational cost to the City (approximately $9,000 every three weeks). C. Fiscal Impact: The proposed budget amendment would be funded by the ending fund balance of the Enterprise Fund and would represent a net increase to the FY13 Wastewater Division budget. This request provides funding for the sole source replacement of the damaged centrifuge. Project Costs Andritz D51, centrifuge $ 209,855.00 Factory installation and alignment $ 4,500.00 Total $ 214,355.00 V. ALTERNATIVES In lieu of replacing the centrifuge with a new unit, the Council could choose to authorize the repair of the damaged centrifuge. The fiscal impact for this option is approximately $137,000. This price could increase substantially if additional damage is found during the repair. This option would involve shipping the entire centrifuge via semi -truck to West Virginia to the Andritz repair facility where the damaged components would be repaired and re -balanced on a high speed balance and then shipped back to Meridian. This option, including transit time, would take approximately 5-6 months. Because we would not have redundancy at the facility during those months, the City would be subjected to increased risk and would need to rent or purchase temporary de -watering equipment adding to the overall cost of this option. Repair of the unit would include replacement of the damaged components; however, the rest of the major parts on the machine would continue to have over 15,000 hours of use. We do not recommend this option due to the high cost, long turnaround time, and overall increased risk to the City. The repair is more than 50% of the cost of a new unit. The repaired unit would come with no warranty and would still have over 15,000 hours of use on many of its parts. There is a substantial turnaround time on the repair option that would increase the risk of having no redundancy for a prolonged period of time. Page 4 of 5 A new unit would be available within two weeks, include a one year warranty, have all new parts, and have an increased overall life span. VI. TIME CONSTRAINTS Council's approval will allow the Wastewater Division to move forward with the replacement of the damaged centrifuge. Acquisition of this specialized equipment will ensure our ability to continue to effectively dewater the 55,000 gallons of digested sludge that are produced on a daily basis. With only one centrifuge that is operational, our dewatering system remains vulnerable. There is a complete unit that is currently ready to be shipped that can be secured for the City within two weeks. If we chose to defer this replacement, the lead time could increase dramatically to a several month lead time to allow for the production and shipment of a new unit from the production facility in France. VII. LIST OF ATTACHMENTS A. Huber Technology proposal and pricing information. B. Andritz D-5 L Centrifuge Diagram for reference. Approved for Council Agenda: 1 Page 5 of 5 l3 Date Firm Proposal MeridianP Proposal No: 1281248 Date: 3-25-2013 By: David Smith for Bruce Sorelle Tel : (871)-419-1730 Email: bruce.sorelle@andritz.com City of Meridian Meridian, Idaho ANDRITZ SEPARATION INC. 1010 Commercial Blvd S. Arlington, Texas 76001, USA Phone: +1 800 433 5161 Fax: +1 817 468 3961 separation,us@andritz.com www.andritz Confidential document. All rights reserved. No duplication or disclosure to third parties permitted without the written consent of ANDRITZ SEPARATION INC. ANDRITZ SEPARATION INC. 1010 Commercial Blvd. S. Arlington, Texas 76001 Tel. (817) 465-5611 Fax (817) 468-3961 separation.us@andritz.com TABLE OF CONTENTS CoverLetter............................................................................................................................................................ 3 1.0 OPERATING CONDITIONS & SIZING & PERFORMANCE..................................................................... 5 2.0 TECHNICAL DATA.................................................................................................................................... 5 3.0 DOCUMENTATION & COMMISSIONING................................................................................................. 6 3.1 TECHNICAL DOCUMENTATION.............................................................................................................. 6 4.0 FIRM OFFER.............................................................................................................................................. 7 4.1 PRICING SUMMARY.................................................................................................................................. 7 4.2 INSTALLATION AND SET UP................................................................................................................... 8 4.2 EXCLUDED FROM ANDRITZ SCOPE OF SUPPLY................................................................................. 8 5.0 COMMERCIAL SUMMARY......................................................................................................................10 5.1 GENERAL COMMERCIAL TERMS.........................................................................................................10 6.0 STANDARD TERMS AND CONDITIONS OF SALE...............................................................................11 ANDRITZ SEPARATION INC. 1010 Commercial Blvd. S. Arlington, Texas 76001 Tel. (817) 465-5611 Fax (817) 468-3961 separation.us@andritz.com March 26, 2013 Tracy Crane Waste Water Plant Manager City of Meridian, ID By email: tcrane@meridiancity.org Subject: Meridian Centrifuge Replacement Dear Tracy, We are pleased to submit our information offering a replacement ANDRITZ D51- high solids decanter centrifuge technology for your sludge dewatering project. Please find enclosed our offer for 1 x D51- centrifuge only without motors or controls. We have assumed that you will utilize the existing motors, vibration sensors etc. thus minimizing your costs. In addition to the capitol cost you will require the services of our technician to align the motors and to ensure the controls etc. are correctly reconnected to the new unit. Should you have any further questions or concerns regarding this quotation, please contact us on the information below. Once again, we thank you for your time and look forward to receiving your further instructions. Sincerely, ANDRITZ Separation Inc. David Smith Technical Sales Team ANDRITZ Separation Inc. 1010 Commercial Blvd S. Arlington, TX 76001 (817)-419-1782 Phone (817)-419-1982 Fax (817)-676-3501 Mobile David.Smith@andritz.com www.Andritz.com 1 world.l team. Shwpffg The Future Together. Cc: File Joe Kernkamp APSCO LLC ANDRITZ SEPARATION INC. 1010 Commercial Blvd. S. Arlington, Texas 76001 Tel. (817) 465-5611 Fax (817) 468-3961 separation.us@andritz.com DECANTER PROPOSAL 1.0 OPERATING CONDITIONS & SIZING & PERFORMANCE Performance will be as existing D51- centrifuge. 2.0 TECHNICAL DATA CHARACTERISTICS Size (L x W x H) Weight with driving system DE -AERATOR (CENTRATE CHUTE) Effluent inlet Effluent outlet Air outlet Cyclo reducer (gearbox), nominal torque MATERIAL OF CONSTRUCTION Wetted parts: Frame Cover & De -aerator BOWL Inner diameter L/D ratio Total length Speed G Force 150 x 48 x 69 inch (3,812x 1,228x 1,757mm) (without de -aerator) (Anchor bolts not supplied) 9326 pounds (4,230Kg) SCROLL Counter current design High Performance For dismantling purposes: Total length of scroll with handling hoist and bowl plate Weight of scroll with handling hoist and bowl plate POND DEPTH ADJUSTMENT Sliding weir plates, range of diameter ANDRITZ Proposal 1281248 Meridian, ID Flexible connection supplied (int. diam. 150) ANSI 6 inch ANSI 8 inch 62,577 inch pounds (7070N.m) 316L Stainless Steel Painted Steel Fiberglass 20.5" (520 mm) 3.7 75" (1,924 mm) 3,200 rpm 2,976 98.4" (2,500 mm) 1,872 pounds (850 Kg) 11.2" x 16.14" (285 to 410 mm) 3-25-13 Page 5 WEAR PROTECTION Inner bowl surface Scroll Scroll feed chamber (distributor) Bowl discharge (diffuser) SEALS Type Maximum temperature LUBRICATION Integral cylinder and cone grooving Replaceable tungsten carbide tiles the entire length of scroll Sintered tungsten carbide Sintered tungsten carbide All bearing blocks are lubricated with grooving The reducer is lubricated exclusively with the type of grease specified by ANDRITZ NOISE LEVEL BUNA N 176°F (80°C) 83 dB(A) sound pressure measured in free field conditions, at nominal speed, from a distance of 39 inches (1 meter). VIBRATION LEVEL .18 inch/s (4.5 mm/s) max. (Registered on test bench at nominal speed according ISO 10816-1) MISCELLANEOUS Wash water flow rate 44 to 88 GPM (10 to 20 m3/hr) for up to 45 min. at each stop (Non -potable water supply / 40 to 60 psi (3 to 4 bars)) Air evacuation 200 cfm (350m3/min) 3.0 DOCUMENTATION & COMMISSIONING 3.1 TECHNICAL DOCUMENTATION The Operation and Maintenance Manuals are sent upon delivery of the equipment. They include among others: - Instructions regarding installation, automation, commissioning, piloting and maintenance of the equipment - Part manuals: including drawings with detailed parts number and location for easy service. ANDXITZ Proposal 1281248 3-25-13 Meridian, ID Page 6 • 4.0 FIRM OFFER 4.1 PRICING SUMMARY A"RITZ Proposal 1281298 3-25-13 Meridian, ID Page 7 Unit Price Total Price (Taxes Not (Taxes not Item Qty. Description included) included) USD USD 1 1 ea. ANDRITZ 5L Decanter Centrifuge, including: $ 209,855.00 $ 209,855.00 • 316L stainless steel solid bowl with machined internal grooves • 316L stainless steel HP Scroll conveyor • 316L Stainless steel wetted parts • Field replaceable tungsten carbide tiles over the entire length of scroll • Field -replaceable tungsten carbide feed ports • Field -replaceable tungsten carbide discharge ports • Fiberglass (FRP) noise hood and drive guard • In-line drives providing space saving advantages • Easy scroll removal without removing bowl or drives • In-line one -stage cyclo speed inducer • Bearings are L-10 for over 100,000 hours • Vibration Isolators • Flexible connectors for sludge feed, centrate discharge and solids discharge • Assumes using existing motors, sensors, controls, drives, etc. 6 1 lot Freight to jobsite Included Included TOTAL PRICE FOR One (1) D5L Centrifuge $ 209,855.00 A"RITZ Proposal 1281298 3-25-13 Meridian, ID Page 7 i 4.2 INSTALLATION AND SET UP Item Qty. Description Unit Price (Taxes Not included) USD per day Total Price (Taxes not included) USD • Installation and alignment of existing motors • Checkout the installation of existing controls, drives, and sensors • Start -Up supervision NOTE: ANDRITZ rate of $1,500.00 per day plus expenses, eight (8) hours/day. At the request of the Purchaser, overtime service can be provided at a As rate rate of 1.5 times quoted rates for weekdays and 2.0 $1,500.00 + 1 quoted rates for weekends. Expenses are TBD required defined as the cost of travel from Seller's plant to expenses the point of installation and return, together will all living expenses during the period of service. The above charges shall be made for time involved including delays which are beyond the Seller's control. 4.2 EXCLUDED FROM ANDRITZ SCOPE OF SUPPLY The ANDRITZ scope of supply does not include the following items as may be necessary for equipment installation & operation to the performance levels specified: • Civil and structural engineering work. • Building and building plans (ANDRITZ will furnish load data and layout drawings but is not responsible for updating of building or building plans) • Building modifications • Anchor bolts • Platforms and access stairs or ladders • All utilities required for operation and erection • Unloading at site (by others) • Cranes or other lifting devices to install equipment • Other instruments not specified in our scope of supply / outside of panel • Polymer feed system • Flow Meters ANDRITZ Proposal 1281248 3-25-13 Meridian, ID Page 8 i • Sludge Grinder • Wash water booster pump • Cake Discharge Pumps • Centrate Discharge Pump • Polymer • Lubricants • Drive Motor (Main Drive and Back Drive) • Control Panels, Motor Starters, Sensors, Starter Panel, ,9NDRITZ Proposal 1281248 3-25-13 Meridian, ID Page 9 5.0 COMMERCIAL SUMMARY 5.1 GENERAL COMMERCIAL TERMS Terms and Conditions This proposal is based on the attached ANDRITZ Separation "Standard Terms and Conditions of Sale". Special Provisions • All prices quoted in US Dollars, • Pricing quoted is FOB Jobsite, and does not include unloading. • Pricing does not include any local, state or federal taxes, permits, duties or other fees. Any taxes or fees that may apply must be added to the quoted price and paid by the buyer. Bonding is not included. Validity This quotation is valid for a period of thirty (30) days. Terms of Payment ANDRITZ Separation agrees to the following payment terms (on a net 30 day basis): • 30% of Order Value upon submittal of Approval Drawings • 60% of Order Value upon Shipment • 10% of Order Value upon Startup, not to exceed 120 days from Shipment Availability Ex works Arlington, Texas, 7 to 10 working days after written acceptance of purchase order. Field Service ANDRITZ will provide additional erection and start-up supervision for $1,500.00 per day plus expenses, eight (8) hours/day. At the request of the Purchaser, overtime service will be provided at a rate of 1.5 times quoted rates for weekdays and 2.0 times quoted rates for weekends. Expenses are defined as the cost of travel from Seller's plant to the point of installation and return, together will all living expenses during the period of service. The above charges shall be made for time involved including delays which are beyond the Seller's control. ANDRITZProposal 1281248 3-25-13 Meridian, ID Page 10 6.0 STANDARD TERMS AND CONDITIONS OF SALE 1. TERMS APPLICABLE The Terms and Conditions of Sale listed below are the exclusive terms and conditions applicable to quotations made and orders acknowledged by the ANDRITZ enfity supplying the same ('Seller) for the sales of products, equipment and parts relating thereto (Products). If this quotation or acknowledgment contains terms additional to or different from those offered by Buyer, then any acceptance by Seller Is expressly made conditional upon Buyer's assent to such additional or different terms. Any of Buyer's terms and conditions that are in addition to or different from those contained herein, which are not separately agreed to by Seller in writing, are hereby objected to and shall be of no effect [ The term 'this Agreement' as used herein means this quotation or acknowledgment or purchase order, together with any attachment hereto, any documents expressly Incorporated by reference and these Terms and Conditions of Sale. - 2. DELIVERY Delivery dates are good fadh estimates and do not mean that'time Is of the essence.' Buyers failure to promptly make advance or interim payments, supply technical information, drawings and approvals will result in a commensurate delay in delivery. Upon and after delivery, risk of loss or damage to the Products shall be Buyer's. Delivery of the Products hereunder will be made on the terms agreed to by the parties as set forth In this Agreement, according to INCOTERMS 2010. 3. WARRANTY (a) Seller warrants to Buyer that the Products manufactured by It will be delivered free from defects in material and workmanship. This warranty shall commence upon delivery of the Products and shall expire on the seller to occur of 12 months from initial operation of the Products and 18 months from delivery thereof (the 'Warranty Period). If during the Warranty Period Buyer discovers a defect in material or workmanship of a Product and gives Seger written notice thereof within 10 days of such discovery, Seller will, at its option, either delver to Buyer, on the same terms as the original delivery was made, according to INCOTERMS 2010, a replacement part or repair the defect in place. Any repair or replacement part furnish pursuant to this warranty are warranted against defects in material and workmanship for one period of 12 months from completion of such repair or replacement, with no further extension. Seller will have no warranty obligations for the Products under this paragraph 3(a): (I) If the Products have not been operated and maintained in accordance with generally approved industry practice and with Seller's specific weiften instructions; (it) if the Products are used in connection with any mixture or substance or operating condition other than that for which they were designed; (iii) if Buyer fails to give Seller such written 10 day notice; (N) If the Products are repaired by someone other than Seller or have been intentionally or accidentally damaged; (v) for corrosion, erosion, ordinary wear and tear or in respect of any parts which by their nature are exposed to severe wear and tear or are considered expendable; or (vQ for expenses Incurred for work in connection with the removal of the defective articles and reinstallation follovdng repair orreplacement (b) Seller further warrants to Buyer that at delivery, the Products manufactured by it will be free of any liens or encumbrances. If there are any such liens or encumbrances, Seller will cause them to be discharged promptly after notification from Buyer of their existence. (c) THE EXPRESS WARRANTIES SELLER MAKES IN THIS PARAGRAPH 3 ARE THE ONLY WARRANTIES IT WILL MAKE. THERE ARE NO OTHER WARRANTIES, WHETHER STATUTORY, ORAL, EXPRESS OR IMPLIED. IN PARTICULAR, THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (d) The remedies provided In paragraphs 3(a) and 3(b) are Buyers exclusive remedy for breach of warranty. (e) With respect to any Product or part thereof not manufactured by Seller, Seller shall pass on to Buyer only those warranties made to Seller by the manufacturer of such Product or part which are capable of being so passed on. 4. LIMITATION OF LIABILITY Notwithstanding any other provision In this Agreement, the following imitations of liability shall apply: (a) In no event, whether based on contract, tort (including negligence), strict liability or otherwise, shall Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies be liable to Buyer or any third party for loss of profits, revenue or business opportunity, loss by reason of shutdown of facilities or inability to operate any facility at full capacity, or cost of obtaining other means for performing the functions performed by the Products, loss of future contracts, claims of customers, cost of money or loss of use of capital, In each case whether or not foreseeable, or for any indirect, special, Incidental or consequential damages of any nature. (b) The aggregate liability of Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies, for all claims of any kind for any loss, damage, or expense resulting from, arising out of or connected with the Products or this Agreement or from the performance or breach thereof, together with the cost of performing make good obligations to pass performance tests, If applicable, shall In no event exceed the contract price. The foregoing notwithstanding, Sellers aggregate lability for any claims for (a) delay in delivery shall not exceed 5% and (b) failure to achieve performance requirements, shall not exceed 15% of the contract price. (c) The limitations and exclusions of liability set forth in this paragraph 4 shag lake precedence over any other provision of this Agreement and shall apply whether the claim of liability is based on contract, warranty, tort (including negligence), strict liability, indemnity, or otherwise. The remedies provided In this Agreement are Buyers exclusive remedies. (d) All liability of Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies, resulting from, arising out of or connected with the Products or this Agreement or from the performance or breach thereof shall terminate on the third anniversary of the date of this Agreement 5. CHANGES, DELETIONS AND EXTRA WORK Seller will not make changes In the Products unless Buyer and Seller have executed a written Change Order for such change. Any such Change Order will include an appropriate adjustment to the contract price and delivery terms. If the change Impairs Sellers ability to satisfy any of its obligations to Buyer, the Change Order wilt include appropriate modifications to this Agreement if, after the date of this quotation or acknowledgment new or revised governmental requirements should require a change In the Products, the change will be subject to this paragraph 5. 6. TAXES Sellers prices do not include any sales, use, excise or other taxes. In addition to the price specified herein, the amount of any present or future sales, use, excise or other tax applicable to the sale or use of the Products shall be billed to and paid by Buyer unless Buyer provides to Seller a tax-exempflon certificate acceptable to the relevant taxing authorities. 7. SECURITY INTEREST Seller shall retain a purchase money security interest and Buyer hereby grants Seller a ion upon and security interest In the Products until all payments hereunder have been made in full. Buyer acknowledges that Seller may file a financing statement or comparable document as required by applicable law and may take all other action it deems reasonably necessary to perfect and maintain such security interest in Seller and to protect Sellers Interest in the Products. 8. SET OFF Neither Buyer nor any of its affilates shall have any right to set off claims against Seger or any of its affiliates for amounts owed under this Agreement or otherwise. 9. PATENTS Unless the Products or any part thereof are designed to Buyers specifications and provided the Product or any part thereof is not used in any manner other than as speed or approved by Seller in writing, (I) Seller shall defend against any suit or proceeding brought against Buyer to the extent based on a claim that any Product, or any part thereof, infringes any United States device patent provided Seller is notified promptly In writing and given the necessary authority, Information and assistance for the defense of such suit or proceeding; (Ii) Seller shall satisfy any judgment for damages entered against Buyer in such suit and (Iii) If such AIVDRITZ Proposal 1281248 Meridian, ID judgment enjoins Buyer from using any product or a part thereof, then Seller shall, at its option: (a) obtain for Buyer the right to continue using such Product or part; (b) eliminate the Infringement by replacing or modifying all or part of the Products; or (c) lake back such Product or part and refund to Buyer all payments on the purchase price which Seller has received, In which case neither Buyer nor Seller will have any claim against the other under this Ageement or arising out of the subject matter of this Agreement The foregoing states Sellers entire liability for patent Infringement by any Product or part thereof. 10. SOFTWARE LICENSE, WARRANTY, FEES The following Software Terms and Conditions apply to any software furnished by Seller, whether separately packaged or embedded in the Products furnished by Seller hereunder: (a) Seller hereby grants to Buyer: a non-exclusive, non -transferable license to use any computer software delivered to Buyer under this Agreement In machine-readable, object code form and any modifications made by Seller thereto ('Soflwarel, but only in connection with the configuration of the Products and operating system for Mich the Software is ordered and for the end-use purpose stated in the related Seller operating documentation. Buys, agrees that neither it nor any third party shall modify, reverse engineer, decompile or reproduce the Software, without Seller's prior written consent, except for making a single copy for backup or archival purposes in accordance with the related Seller operating documentation, and provided that Sellers confidential and proprietary legend is Included. Except to the extent that the parties otherwise agree in writing, Buyer's license to use the copy of such Software shall terminate upon breach of this license or Agreement by Buyer, Including, without imitation, breach of payment or confidentiality obligations. All copies of the Software are the property of Seller, and all copies for which the license is terminated shall be returned to Seller promptly after termination. (b) Buyer may not transfer this software license and warranty to a third party without Sellers previous written consent, signed by a Seller authorized representative. (c) Seller warrants that on the date of shipment of the Software only to Buyer or Buyer's Seller -authorized transferee hereunder that (1) the Software media contain a true and correct copy of the Software and are fee from material defects; (2) Seller has the right to grant the license hereunder; and (3) the Software will function substantially In accordance with the related Seller operating documentation. Seller disclaims any warranty that the operation of the Software will be uninterrupted or error free. This warranty does not apply to software deivered by Seller but produced by others. The warranty for software produced by others shall be the warranty as stated by the software producer. (d) If within six months (6) months from date of initial installation (but not more than one year from date of shipment by Seller to Buyer) of Software, Buyer discovers that the Software is not as warranted above and promptly notifies Seller in writing, within this period of time, of the nonconformity, and If Seller cannot correct the nonconformity or deems correction to be commercially impracticable or prohibitively expensive, Buyers and Buyer's Seller - authorized transferee's exclusive remedies, at Sellers option and expense, are: (1) replacement of the nonconforming Software; or (2) termination of this license and a refund of an equitable, pro rata share of the contract price or license fee paid. (e) If any infringement and trade secret claims are made against Buyer based on the Buyers use of the Software in a manner specified or approved by Seller, Seller shall: (1) defend against any suit or proceeding brought by an unaffiliated third party against Buyer to the extent the suit or proceeding Is based on a claim that the Software or that the specified or approved use of the Software infringes a United States patent, a copyright or violates a trade secret agreement in which Seller was a party and provided that Seller is notified promptly in writing and given the necess— authority, information and assistance for the defense and settlement of such suit or proceeding (including the authority to select counsel and remove the Software or stop accused Infringing usage); (i) Seller shall saisly settlement or final judgment (after any appeals) for damages entered against Buyer in such suit; and (Ill) if such settlement prohibits orjudgment enjoins Buyer from using the Software, Seller shall at its option: (a) obtain for Buyer the right to continue using such Software; (b) eliminate the infringement by replacing or modifying the Software, or (c) take back such Software and refund to Buyer all payments on the purchase price which Seller has received, in which case neither Buyer nor Seller will have any claim against the other under this Agreement or arising out of the subject matter of this Agreement However, Sellers obligations with respect to Infringement and trade secret claims will not apply to the extent that the claim or adverse final judgment is based on: (1) Buyers running of the Software after being notified to discontinue running due to such a claim; (2) the combination of the Software with a nan-Seller software, product, data or process; (3) damages attributable to the value of the use of a non -Seller software, product, data, or process; (4) Buyers alteration of the Software; (5) Buyers distributed the Software to, or Its use for the benefit of, any third party; or (6) Buyers acquiring a trade secret (a) through Improper means; (b) under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) from a person (other than Seller) who owed to the party asserting the claim a duty to maintain the secrecy or limit the use of the trade secret Bryer will reimburse Seller for any costs or damages that result from these actions 1 to 6. If Seller receives information about an Infringement claim related to the Software, Seller may do any of the following, at its expense and without ooligation to do so: (i) procure the right to continue use of the Software, (it) replace the Software with a functional equivalent and plQ modify the Software to make it non -infringing (Including disabling the challenged functionality and under circumstances (II) and QII) Buyer w will stop running the allegedly infringing software Immediately). (Q This warranty will apply for the period specified In (d) above, provided that (1) the Software is not modified, changed, or altered by anyone other than Seller or its suppliers, unless authorized by Seger In writing; (2) there Is no change by anyone other than Seller to the goods for which the Software is ordered; (3) the goods are in good operating order and are Installed in a suitable operating environment (4) the nonconformity is not caused by Buyer or any of their agents, servants, employees, or contractors, or any third patty; (5) Buyer promptly notifies Seller in writing, within the period of time set forth in (d) above, of the nonconformity after It Is discovered; and (6) all fees for the Software due to Seller have been paid. SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EMPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE. (g) Buyer and successors of Buyer are limited to the remedies specified In this paragraph 10 and shallhave no others for a nonconformity In the Software. Buyer agrees that these remedies provide Buyer and its successors with a minimum adequate remedy and are their exclusive remedies, whether 8uyers or successors' remedies are based on contract, warranty, tort (Including negligence), strict liability, indemnity, or any other legal theory, and whether arising out of warranties, representations, Instructions, operating documentation, installations, or nonconbrmities from any cause. (h) Unless otherwise provided In this Agreement the fees for this Software license are Included in the purchase price of the Products. Any subsequent modifications or enhancements to the Software made by Seller are, at Sellers option, subject to a fee. 11. TERMINATION Buyer may only terminate its order upon written notice to Seller and upon payment to Seller of Sellers termination charges, which shag be specified to Buyer and shall take Into account among other things expenses (direct and indeect) incurred and commitments already made by Seller and an appropriate profit provided, that in no event shall Seiers termination charges be less than 25% of the contract price. Seller shall have the right to suspend and/or terminate its obligations under this Agreement if payment Is not received within 30 days of due date. In the event of the bankruptcy or Insolvency of Buyer or in the event of any bankruptcy or Insolvency proceeding brought by - against Buyer, Seller shah be entitled to terminate any order outstanding at any time during the period allows fling claims against the estate and shag receive reimbursementfor its cancellation charges. 12. CONFIDENTIALITY Buyer acknowledges that the information which Seller submits to Buyer in connection with this quotation, acknowledgment or performance of this Agreement includes Sellers confidential and proprietary information both of 3-25-13 Page 11 a technical and commercial nature. Buyer agrees not to disclose such Information to third parties without Seller's prior written consenL Seller grants to Buyer a non-exclusive, royalty -free, perpetual license to use Sellers confidential and proprietary Information for purposes of this Agreement and the Products that are the subject hereof only. Buyer further agrees not to permit any third party to fabricate the Products or any parts thereof from Sefer's drawings or to use the drawings other than in connection with this Agreement. Buyer will defend and indemnify Seller from any claim, suit or lability based on personal injury (including death) or property damage related to any Product or part thereof which Is fabricated by a third party without Seller's prior written consent and from and against related costs, charges and expenses (including attorneys fees). All copies of Seller's drawings shall remain Seller's property and may be reclaimed by Seller at any time. 13. END USER If Buyer is not the end user of the Products sold hereunder (the 'End User'), then Buyer will use its best efforts to obtain the End User's written consent to be bound to Seiler by the provisions hereof. If Buyer does not obtain such End User's consent, Buyer shall defend and Indemnify Seller and Seller's agents, employees, subcontractors and suppliers from any action, liability, cost, loss, or expense for which Seller would not have been fable or from which Seller would have been Indemnified If Buyer had obtained such End User's consent 14. FORCE MAJEURE (a) Force Maleure Defined. For the purpose of this Agreement `Force Majeure will mean all unforeseeable events, beyond the reasonable control of either party which affect the performance of this Agreement, Including, without imitation, acts of God, acts or advisories of governmental or quasi -governmental authorities, laws or regulations, strifes, lockouts or other Industrial disturbances, acts of pubic enemy, wars, Insurrections, riots, epidemics, pandemics, outbreaks of infectious disease or other threats to pubic health, lightning, earthquakes, fires, storms, severe weather, foods, sabotage, delays In transportation, rejection of main forgings and castings, lack of available shipping by land, sea or air, lack of dock lighterage or loading or unloading facilities, inability to obtain labor or materials from usual sources, serious accidents involving the work of suppliers or sub-supplers, thefts and explosions. (b) Suspension of 0bioations. If either Buyer or Seller is unable to carry out its obfigations under this Agreement due to Force Majeure, other than the obligation to make payments due hereunder, and the party affected promptly notifies the other of such delay, then all obligations that are affected by Force Majeure will be suspended or reduced for the period of Force Majeure and for such additional time as is required to resume the performance of Its obligations, and the defvery schedule will be adjusted to account for the delay. (c) Option to Terminate. If the period of suspension or reduction of operations will extend for more than four (4) consecutive months or periods of suspension or reduction total more than six (6) months in any twelve (12) month period, then either Buyer or Seller may terminate this Agreement. 15. INDEMNIFICATION AND INSURANCE (a) Indemnification. Seller agrees to defend and Indemnify Buyer from and against any third -party claim for bodity injury or physical property damage ('Lossl arising in connection with the Products provided by Seller hereunder or the work performed by Seller hereunder, but only to the extent such Loss has been caused by the negligence, willful misconduct or other legal fault ('Fault') of Seller. Buyer shall promptly tender the defense of any such third -party claim to Seller. Seller shall be entitled to control the defense and resolution of such claim, provided that Buyer shall be entitled to be represented in the matter by counsel of its choosing at Buyer's sole expense. Where such Loss results from the Fault of both Seller and Buyer or a third party, then Seller's defense and indemnity obligation shall be limited to the proportion of the Loss that Seller's Fault bears to the total Fault (b) Insurance. Seller shall maintain commercial general lability insurance with limits of not less than $2,000,000 per occurrence and in the aggregate covering claims for bodily Injury (Including death) and physical property damage arising out of the Products. Seller will provide a Certificate of Insurance certifying the existence of such coverages upon request. 16. GENERAL (a) Seiler represents that any Products or parts thereof manufactured by Seller will be produced in compliance with all applicable federal, state and local laws applicable to their manufacture and in accordance with Seller's engineering standards. Seller shall not be liable for failure of the Products to comply with any other specifications, standards, laws or regulations. (b) This Agreement shall Inure only to the benefit of Buyer and Seller and their respective successors and assigns. Any assignment of this Agreement or any of the rights or obligations hereunder, by either party without the written consentof the other party shat be void. (c) This Agreement contains the entire and only agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written understandings between Buyer and Seiler concerning the Products and any prior course of dealings or usage of the trade not expressly incorporated herein. (d) This Agreement may be modified, supplemented or amended only by a writing signed by an authorized representative of Seller. Seller's waiver of any breach by Buyer of any terms of this Agreement must also be In writing and any waiver by Seller or (allure by Seller to enforce any of the terms and conditions of this Agreement at any time, shall not affect, limit or waive Seler's right thereafter to enforce and compel strict compliance with every term and condition thereof. ANDRITz Proposal 1281248 Meridian, ID r (e) . (i) If the Products are delivered or performed in the United States, this Agreement and the performance thereof will be governed by and construed according to the laws of the State of Georgia. (i) In the circumstances of (I) above, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or to the Products provided pursuant hereto, shall be definitively settled by arbitration, to the exclusion of courts of law, administered by the American Arbitration Association VAAAJ in accordance with its Construction Industry Arbitration Rules In force at the time this Agreement Is signed and to which the parties declare Bhey will adhere (the 'AAA Rules), and judgment on the award rendered by the arbitrator(s) may be entered in ary court having jurisdiction over the party against whom enforcement is sought or having jurisdiction over any of such party's assets. The arbitration shall be conducted in Atlanta, Georgia by a panel of three members, one of whore will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the panel and YAR be appointed by mutual agreement of the two party -appointed arbitrators. All arbitrators must be persons who are not emaloyees, agents, or former employees or agents of either party. In the event of failure of the two party -appointed arbitators to agree within forty-five (45) days after submission of the dispute to arbitration upon the appointment of fie third arbitrator, the third arbitrator will be appointed by the AAA In accordance with the AAA Rules. In the event that either of Buyer or Seller fails to appoint an arbitrator within thirty (30) days after submission of the dispute to arbitration, such arbitrator, as wall as the third arbitrator, will be appointed by the AAA in accordance with the AAA Rules. (Q (i) If the Products are delivered or performed in Canada, this Agreement and the performance thereof will be governed by and construed according to the laws of the Province of New Brunswick. (i) In the circumstances of (I) above, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or to the Products provided pursuant hereto, shall be definitively sallied under the auspices of the Canadian Commercial Arbitration Centre ('CCAC), by means of arbitration and to the exclusion of courts of law, In accordance with its General Commercial Arbitration Rules In force at the time the Agreement Is signed and b which the parties declare they will adhere (the 'CCAC Rules'), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the party against whom enforcement is sought or having judsdicuon over any of such party's assets. The arbitration shall be conducted In Saint John, New Brunswick by a panel of three arbitrators, one of whom will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the arbitral tribunal and will be appointed by mutual agreement of the two party -appointed arbitrators. All arbitrators must be persons who are not employees, agents, or former employees or agents of either party. In the event of failure of the two party -appointed arbitrators to agree within forty-five (45) days after submission of the dispute to arbitration upon the appointment of the third arbitrator, the third arbitrator will be appointed by the CCAC in accordance Mth the CCAC Rules. In the event that either of Buyer or Seller falls to appoint an arbitrator within thirty (30) days after submission of the dispute to arbitration, such arbitrator, as well as the third arbitrator, will be appointed by th3 CCAC in accordance with the CCAC Rules. (g) The parties hereto have required that this Agreement be drawn up In English. Les parties aux presentes ont ex1g6 qua la pr6sente convention soft redigee an anglais. Jan 2013 Rev 3-25-13 Page 12 �11 ir 111111113111111,16.1 DATE: April 9, 2013 ITEM NUMBER: 9D ITEM TITLE: Department Reports - Public Works Department, Environmental Division Department Report: Fee Schedule MEETING NOTES 11111111111 1111p iiiiiiii 44 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Nnljmfj� �-1�' -11 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, Z?EHW= A RESOLUTION ADOPTING FEE SCHEDULE OF THE CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT, ENVIRONMENTAL DIVISION; AUTHORIZING THE ENVIRONMENTAL DIVISION TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311 A, on April 16, 2013, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the City of Meridian Public Works Department, Environmental Division, 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 Public Works Department, Environmental Division; Section 1. That the Fee Schedule of the Public Works Department, Environmental Division, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the Public Works Department, Environmental Division is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 16th day of April, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this 16th day of April, 2013. Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk ADOPTION OF FEE SCHEDULE OF PUBLIC WORKS DEPARTMENT, ENVIRONMENTAL DIVISION PAGE 1 OF 2 EEA ib it A FEE SCHEDULE OF THE PUBLIC WORKS DEPARTMENT, ENVIRONMENTAL DIVISION Pretreatment plan review — new commercial construction $75.00 Pretreatment site inspection — new commercial construction $75.00 Pretreatment plan review — tenant improvement $75.00 Pretreatment site inspection — tenant improvement $75.00 ADOPTION OF FEE SCHEDULE OF PUBLIC WORKS DEPARTMENT, ENVIRONMENTAL DIVISION PAGE 2 OF 2 DATE: April 9, 2013 ITEM NUMBER: 9E ITEI,b TITLE: Department Reports - Fire Departmert EMS Joint powers agreement presentation IVIEETIVGP�010TES ACTIONCLERKS OFFICE FINAL DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: April 9, 2013 ITEM NUMBER: 9F ITEfIl TITLE: Department Reports - Legal Department RepoFj Historic Preservation Commission seat designations and appointments MEETING NOTES ••_11•1111111inji CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE.- April ' 2013M A ITEM TITLE: Clerks Office Continued from March 26, 2013: Discussion on room reservatuon policy MEETING NOTES L- • • 111111 ••_ CLERKS OFFICE FINAL ACTION DATE. E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1; 1 NUMBER:DATE: April 9, 2013 ITEM ITEM TITLE: Ordinance 7 mev-�& ck1 Third Reading: Ordinance No. 13-1547 Amending ,r- � city code section 10-1-3 and 10-5-2 adding local amendments to the IBC, IMC and International residential code, prohibiting natural draft systems in occupiable spaces in all residential occupancies, requiring carbon monoxide alarms in new and existing dwellings, establishing requirements for carbon monoxide alarms MEETING NOTES f 11 111111 111 rAWK A, r" ill 1111, DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ii III 11111111I 1111111p 1111111I 1plill III , � IIIIIIIIII �pllllllq �111� III'= illlllllllllj IIII III DATE: April 9, 2013 ITEM NUMBER: 10B ITEM TITLE: Ordinance No. 1 � - �� Ordinance No. : Amending Meridian city code section 2-1-3 C - Terms of Historic Preservation Commissioners' seats TwTEETI%J-G VOTES M CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO._17:� is !1111 V.14 N "Ij plkyj MW MWE -� I AIV LyJ I IOL41 M 1 11 W He L k-JU 311 L _113 01 N30 e uy WK 3 1 A V WHEREAS, the City Council of the City of Meridian deems the assignment of designated seat numbers and terms of office pertaining to such seats to be in the best interest of the City of Meridian in that they facilitate the efficient operation of the Historic Preservation Commission; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. - Section 1. That Meridian City Code section 2-1-3(C) is hereby amended to read as follows: C. Tern -is: Eaeh X*V 1.1 .,Nufvation e nef shall sefve a term of-thr-ee (3) yeafs provided th the youth membef shall be -Appeint .r-...Wd to a tefm of one yeaf, firom September 1 t4ough Atipst 3 1-. There are hereby designated six membership seats on the Historic Preservation Commission. The initial term of the commissioner appointed to Seat I shall expire on October 31, 2014; all subsequent terms of commissioners appointed to Seat I shall expire every three (3) years thereafter. The initial terms of commissioners appointed to Seats 2 and 3 shall expire on October 31, 2015, all subsequent terms of commissioners appointed to Seats 2 and 3 shall expire every three (3) years thereafter. The initial terms of commissioners appointed to Seats 4 and 5 shall expire on October 31, 2016; all subsequent terms of commissioners appointed to Seats 4 and 5 shall expire every three (3) years thereafter. The commissioner appointed to Seat 6 shall be designated to represent Meridian's youth and shall serve a term of up to one (1) year, which term shall expire on August 31 of each year. Historic preservation commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the mayor, with confirmation by the city council. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 9 day of 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this F-11 0 KWW J. day ofAn,', k , 2013. IL 12,1) A city of RIDIANI SEAL T R E ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 2-1-3(Q, RELATING To TERMS OF HISTORIC PRESERVATION COMMISSIONERS' SEATS -1 Meridian City Council Meeting to J - DATE: April 9, 2013 ITEM NUMBER: e* --- ITEM TITLE: Resolution No. 9 k 2� Appointing Historic Preservation Commissioners to designated seats MEETING NOTES 1111111 11 111111 11, 111111111 11111111111,111111111 N=1 I V, W11111 8115 &I'll•M 11,11111 111 111 1111i 111 11 39w. = DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS RESOLUTION NO. - 91 R- lop111 -ATM 0 Itij N [Wite] a I me I NLVJ 111SX11 16M.119 I N am I DKO N 16W) =1 9 1 r 104 1 N IN I I LIN "W"I W 11 1 A V 0 w I E -13 01 Waffli Lyj WHEREAS, Meridian City Code section 2-1-3(C) has been amended to provide for designated seat numbers for the Historic Preservation Commission and terms of office pertaining to such seats; WHEREAS, the City Council of the City of Meridian deems the appointment of commissioners to the designated commission seats to be in the best interest of the City of Meridian in that they facilitate the efficient operation of the Historic Preservation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-1-3(C)(1), the following members of the Historic Preservation Commission be appointed to the following seats and terms of service: Seat 1, term to expire on April 30, 2014: Steve Turney; Seat 2, term to expire on April 30, 2015: Blaine Johnston; Seat 3, term to expire on April 30, 2015: Frank Thomason; Seat 4, term to expire on April 30, 2016: Tom Hammond; Seat 5, term to expire on April 30, 2016: Carol Harms; and Seat 6, term to expire on August 31, 2013: Amber Nelson-Jerolleman. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this a day of April, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this day of April, 2013. Tammy de Weird Mayor RESOLUTION APPOINTING UPC MEMBERS TO SEATS ATTEST: 0�XxV,T) A LiC,,ZIS1r City of Jayc e of IAt, o A V 0 City Cle 0 SF -AL th, FR� 1 OF 1 DATE: April 9, 2013 ITEM NUMBER: 11 ITEM TITLE: Future Meeting Topics MEETING NOTES �- V 12- -Pll 1 / Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE. E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS