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2013-12-10E IDIAN, CITY COUNCIL WORSHOP IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, December 10, 2013 at 3:00 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. Consent Agenda Approved A. Approve Minutes of November 12, 2013 City Council Workshop Meeting B. Approve Minutes of November 19, 2013 City Council PreCouncil Meeting C. Approve Minutes of November 19, 2013 City Council Meeting D. Approve Minutes of November 26, 2013 City Council Meeting E. Final Order for Approval: FP 13-041 Irvine by Northside Management Located Near the Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Consisting of 68 Single-family Residential Building Lots and 4 Common Lots on Approximately 15.48 Acres in an R-8 Zoning District. F. Pressure Irrigation Easement with Nampa Meridian Irrigation District for Tradewinds Subdivision G. Award of Bid and Agreement for "WWTP Administration and Lab Buildings - Construction", Bid Package 3 Landscaping and Irrigation, to Total Maintenance Solutions for a Not -To -Exceed Amount of $62,200.00 Meridian City Council Meeting Agenda — Tuesday, December 10, 2013 Page 1 of 3 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. Police Department Public Safety Training Center Project Agreement between Meridian Police Department and Nampa and Meridian Irrigation District for Tiling of Irrigation Ditch I. Police Department Public Safety Training Center Project Agreement between City of Meridian and Marvin Everett for Temporary Construction Right -of -Way Access for the Hunter Lateral Easement Project J. Resolution No. 13-964: A Resolution Authorizing the City Clerk to Destroy Certain Semi -Permanent Records of the Meridian Police Department K. Resolution No. 13-965: Accepting the 2014 Initial Point Gallery Schedule 5. Items Moved From Consent Agenda None 6. Department Reports A. Economic Development: Fields District Consultant Presentation B. Information Services Department: Strategic Plan Update C. Parks and Recreation: Meridian Parks and Recreation Partnership Policy D. Police Department: Budget Amendment for Awarded FY 2014 Traffic Enforcement Mobilization Grant for the Not -to -Exceed Amount of $45,100.00 Approved E. Police Department: Budget Amendment for Awarded FY2014 Alive at 25 Grant for the Not -to -Exceed Amount of $56,078.00 Approved F. Community Development: Transportation Update on Projects, Plans and Programs - Includes Update and Discussion About Upcoming Ustick Road Projects, Speed and Engineering Study Requests on State Highways, and Other Transportation Projects. G. Public Works Department: 2013 Mutual Cooperation Agreement Between the City of Meridian and United Water Inc. Approved H. Legal Department: Request to set Hearing on an Appeal of an Impact Fee Administrator's Decision on an Impact Fee Individual Assessment Request Scheduled for December 17, 2013 Agenda I. Human Resources and Legal: Social Media Policy and Social Media Procedure 7. Future Meeting Topics None Meridian City Council Meeting Agenda — Tuesday, December 10, 2013 Page 2 of 3 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. 8. Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation added (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general Into Executive Session at 5:18 p.m. Out of Executive Session at 6:26 p.m. Added to the Agenda: Settlement and Mutual Release Agreement between City of Meridian, Bittercreek Meadows Subdivision HOA and JLJ Enterprises - Approved Adjourned at 6:28 p.m. Meridian City Council Meeting Agenda — Tuesday, December 10, 2013 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop December 10, 2013 A meeting of the Meridian City Council was called to order at 3:02 p.m., Tuesday, December 10, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Brad Hoaglun, David Zaremba, and Keith Bird. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Caleb Hood, Jeff Lavey, Mark Niemeyer, Warren Stewart, Brenda Sherwood, Steve Siddoway and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and start to -- today's meeting. I'm used to saying tonight's meeting. So, welcome. Thank you for joining us. For the record it is Tuesday, December 10th. It's two minutes after 3:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. Item 3: Adoption 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. Under the Consent Agenda, 4-J is Resolution No. 13-964. 4-K is Resolution No. 13-965. And with that, Madam Mayor, I move approval of the adoption of the agenda. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council December 10, 2013 Page 2 of 47 Item 4: Consent Agenda A. Approve Minutes of November 12, 2013 City Council Workshop Meeting B. Approve Minutes of November 19, 2013 City Council PreCouncil Meeting C. Approve Minutes of November 19, 2013 City Council Meeting D. Approve Minutes of November 26, 2013 City Council Meeting E. Final Order for Approval: FP 13-041 Irvine by Northside Management Located Near the Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Consisting of 68 Single-family Residential Building Lots and 4 Common Lots on Approximately 15.48 Acres in an R-8 Zoning District. F. Pressure Irrigation Easement with Nampa Meridian Irrigation District for Tradewinds Subdivision G. Award of Bid and Agreement for "WWTP Administration and Lab Buildings - Construction", Bid Package 3 Landscaping and Irrigation, to Total Maintenance Solutions for a Not -To - Exceed Amount of $62,200.00 H. Police Department Public Safety Training Center Project Agreement between Meridian Police Department and Nampa and Meridian Irrigation District for Tiling of Irrigation Ditch Police Department Public Safety Training Center Project Agreement between City of Meridian and Marvin Everett for Temporary Construction Right -of -Way Access for the Hunter Lateral Easement Project J. Resolution No. 13-964: A Resolution Authorizing the City Clerk to Destroy Certain Semi -Permanent Records of the Meridian Police Department K. Resolution No. 13-965: Accepting the 2014 Initial Point Gallery Schedule De Weerd: Item 4 is our Consent Agenda. Meridian City Council December 10, 2013 Page 3 of 47 Hoaglun: And, Madam Mayor, Item 4-J, as I mentioned, is Resolution No. 13-964, 4-K is Resolution No. 13-964. 1 move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Department Reports A. Economic Development: Fields District Consultant Presentation De Weerd: So, we will move right into Item 6, Department Reports, start with Economic Development and I will turn this over to Bruce. Chatterton: Madam Mayor, Council Members, we are very excited to present to you today the preliminary findings of phase one of the Fields District study. Now, as you know the Fields District study started off as an investigation to see if it's feasible to develop in Meridian an agriculture research district or industry cluster. As our consultant team, though, has delved into the data and talked to a whole bunch of stakeholders -- you will see a sampling of them in a minute -- some very interesting ideas and directions have emerged from this and perhaps in a surprising way. Now, separately from this project we have spoken a couple of times about the need to develop an economic development strategy for Meridian, because we find ourselves at times lacking some of the incentives that we need to compete with other communities and we expected to report back to you in the spring about that strategy. Well, we didn't realize that the Fields District study would give us a leg up on that approach. It's really directly related to developing a new strategy. Some of the information that the consultants have uncovered. As we have discussed the consultant's preliminary recommendations they are really preliminary directions and the Mayor got a -- got a briefing yesterday -- we found that this actually informs and advances our overall strategy. So, in a minute I'm going to introduce Sean Garretson. He's a principal with Pegasus Planning and Development from Austin. Sean is going to review some of those phase one findings with you and, again, I think you will find them interesting. We Meridian City Council December 10, 2013 Page 4 of 47 don't need any action from you right at this time. We just wanted to brief you on the work done so far and really set the stage for January when we will be asking you to see the final recommendations of this phase one and for you to decide if you want to move on to phase two. That is if you feel that there -- this is promising and you would want to move on and no more along these lines. So, let me go ahead and introduce Sean. De Weerd: Thank you, Bruce. Hi, Sean Garretson: Hi, Mayor, Council. How are you? De Weerd: Thanks for joining us. If you will, please, state your name for the record Garretson: My name is Sean Garretson. De Weerd: Thank you. Garretson: Well, thank you very much for the opportunity to meet with you today and review, as Bruce said, our preliminary findings. I have met -- or our team has met with two of you during the stakeholder process, the Mayor and, then, Council Member Bird. Thank you very much for spending the time with us. There is -- one of my colleagues Julian Anderson is with me here today. Two of our colleagues with Point A Consulting had to fly out today, but it's important for you to understand sort of our perspective that we bring to this project. Our company Pegasus Planning and Development is an economic development company, we do a lot of strategic planning, we do a lot of market analysis, a lot of downtown revitalization and land planning. Point A Consulting, are our commercialization and ag experts. So, for this study we really covered all the bases for what we need for the original overall project scope, which was to determine, as Bruce mentioned, what the feasibility was and a develop a plan for the Fields District as an ag, bio science, sort of mixed use area in a six mile area. So, I think you -- the Council and the staff smartly decided to -- instead of bite all the project in one, to start off with phase one and determine at the end of it whether or not there is enough here to move onto the next phase. So, we called it sort of the go, no go phase and it's really a matter of looking at some of the hard facts, which are a lot of the data and the economics, some of which you already know, reviewing your reports, previous plans, and, then, a lot of the soft facts, which are doing interviews with many of the stakeholders, our own consultant observations, site visits, and meetings with the staff. Finally, we have also done preliminary case study analysis and that's really mostly based on our work experiences with some of these projects. So, I'm going to review for you what we have found so far. So, we understand the planning context. We understand sort of what your Comprehensive Plan says about the Fields District area, which is circled in red in both of these maps below. We understand the original intent of the Fields District, which you have identified and we understand sort of what you have already done with your other business enterprise areas before, Ten Mile interchange and downtown. We definitely understand the purpose of your Comprehensive Plan and the overall goal of that, specifically looking at diversifying your economy and understanding some aspect of ag preservation. And this is in light of the region that Meridian City Council December 10, 2013 Page 5 of 47 you're in. We have worked all over the United States. As -- as Bruce mentioned, we are from Austin, Texas, but we work all over the United States and we have rarely come across communities and regions that are experiencing the sustained growth that you had over the last ten to 15 years. This map illustrates the subdivisions in 1960 versus 2011 and I think this is very telling. That quote on the bottom is from one of the stakeholders we met. Also very telling. Meridian of 1971 is not Meridian of 2013. And some would argue that's a good thing. Some would argue that's a bad thing. But it is what it is and this is how your community is growing. I think one of the more important aspects to our analysis is what's going to happen at that intersection of Meridian -- or Highway 16 and 20-26 and we will talk a little bit more about that. So, when we approach this project we really look at it from three different perspectives, the economic development side, the ag bio science side and, then, the land development and ag preservation side and the Fields District, as you can see, that star in the middle, really is at the intersection of all three of these and it is a fascinating project for us to be looking at. Meridian is in a very good position from an economic development perspective. Your population has grown substantially. You have had significant residential growth. As you will see in just a second -- in fact right there -- the population growth you know throughout the region, 115 percent growth over the last ten years in Meridian. Annual population growth of 12 percent. That is unbelievable. And that's coming from Austin, Texas, where, you know, we are continually rated as the best economy in the United States month after month, lots of great growth, but we don't come close to that sort of annual growth. That's unbelievable. And so there is definitely challenges with that and diversifying your economy so that you're not just going to be residential with some retail and healthcare is -- is a smart decision on your part to move forward with this. From an economic development perspective and a site selection perspective I think -- I think Brenda, your economic developer, will tell you one of the key factors that site selectors look at, depending upon what they are looking for and trying to place in your community, is what percent of your population of your labor force has a bachelor's degree or higher and what is the age of your demographic. So, you are a relatively young demographic, you're 32 -- 32.5 is a very young age and that's -- that's a good working age number. Your percentage of your labor force with a bachelor's degree, 33 percent, that is very good and, you know -- you know, again, you had a -- have had a significant amount of residential growth. What's important is that the people who are moving in here are highly educated, young, motivated and a great demographic from which you can build upon for more economic development. You know, Meridian, as Jilian pointed out in our research, she educated me about how Meridian got its name and you really are in the center of it all and I think it -- this map -- I know you can't see all the detail on it, but all of those are assets that we have mapped out that are -- range from agricultural assets, educational assets, food assets, medical technology assets. You are surrounded by all this and you have some here. That is a very good thing from an economic development perspective and lot of which to build upon. Now, one of the challenges is -- this table shows, you know, the percent of farmland that's been lost. In Ada County 21 percent -- 26 -- excuse me -- 22 percent and that's just from 1992 to 2007. You can bet from 2007 to 2013 there has been a lot more. So, you know, that's about 40,000 acres lost of farmland just in Ada County. Now, you can see throughout the region there has been a significant amount more -- this morning Jilian and I spent most of the morning just Meridian City Council December 10, 2013 Page 6 of 47 driving all over your county again and looking at all the farmland you have and all of the commercial broker signs that are peppered across all that farmland. You all are shaking your head. You know exactly what I'm talking about. So, this is the challenge and ag preservation, we understand the state that -- that we are in. I come from Texas. A very strong property rights state. Ag preservation is a very difficult and challenging thing to do. But we do think that it's not mutually exclusive to what we are talking about in terms of developing an economy development driver in the Fields District that could leverage your agricultural assets. So, one of the things that we did is we looked at -- and, again, our colleagues at Point A Consulting really led this effort and they are excellent at it, they really broke down the taxonomy of agriculture, farming to nonfarming. The farming including animal and plant ag, nonfarming research commercialization, technology, such as innovative farm implements. The Mayor heard yesterday one of my colleagues talking about -- I forget exactly where it was, but he went through a use -- sort of like an FHA event where they were utilizing technology and one of the businesses that they have collaborated with has developed a robotics instrument that now goes in and clips wine leaves off of wine trees, so it's never -- it doesn't have to be done by hand anymore. So, that's the kind of thing that we are thinking about from an economic development perspective of the opportunity that you guys can have to stimulate that kind of business development here. So, what we did is -- if you look at this quadrant, we mapped out all of those different assets, we rated Meridian with all of those different taxonomy of ag and it's broken down a lot more than that, into -- let me get this pointer out again. Whether or not the spectrum of rural to urban and less jobs to more jobs. So, this quadrant right here really represents what we see as the best opportunity for Meridian, where those are going to be opportunities that are going to be more in urban areas and that are going to be providing more jobs and investment to you. So, we have kind of categorized those into sort of -- this one right here, K through 12, higher education, we think there is a huge opportunity -- and CORE I think has really set a good precedent with this, with Renaissance, a developing and workforce program linked to healthcare. We think there is a very good opportunity to do that and bring in Boise State, Idaho State, the community college, and focus in on ag, some of that higher end technology related to ag. This is the traditional sort of farming aspects that could be actually more into agri-tourism and be more an urban area -- urban areas. This one is the one that I think we are very excited about. That and the workforce one. Which is not ag -- excuse me -- not a traditional research facility, but ag commercialization research. I think that's a very good opportunity for you here. We have talked to a lot of agri business companies here, we think there is a very good opportunity in terms of moving forward and looking at that. So, to kind of summarize this -- I'm not going to go through this bullet by bullet in the interest of time, but you can see we have broken it down into the categories of economic development and ag bio science. It's a lot of good assets that you guys have here. Some challenges I think. One of the things in particular in the northwest that's going to limit some of this is lack rail in the northwest Meridian area. But, you know, you do have Highway 16 and I think as Highway 16 is thought further and built out that really presents and kind of specifies what kind of economic development you're going to see in that area. From the ag bio science area you also have a lot of great items or great opportunities and assets and a few challenges as well. One of the things that's important to point out is -- you can see -- it's Meridian City Council December 10, 2013 Page 7 of 47 down over here -- is the Magic Valley competition and, Bruce, I don't know if you have had an opportunity to share with the Council what you and Brenda learned from your trip to Magic Valley or not. Chatterton: Yeah. We haven't fully briefed them on that. I think we have talked a bit about it in terms of our competitive advantage or lack thereof. Yeah. Garretson: Right. And I might characterize that a little differently. Treasure Valley's competitive advantage related to bio. You know, they are going to continue to be very very successful in dairy and cattle and that's an area that we are recommending not be a focus area for the Fields District. We think it should be more be focused on ag. I think one of the things that you have also learned there is that from a region -- from a regional economic development perspective Magic Valley does very very well together. Now, one of the reasons I think that happens is because you have one very large community and a lot of smaller communities that are able to participate and cooperate. It's a very different situation here. Regionally there is a lot of competition and sometimes -- I'm a very competitive person, sometimes that can be good. So, we have also interviewed a lot of stakeholders and you can see in red the folks that we have met with. All the ones in black are the ones that we still would need to meet with if we are able to go forward. We also visited a couple of key sites in the region. The ones you're familiar with, the Caine Center and the Caldwell Food Tech Center and we learned a lot. And I will say these are just notable quotes or quotable notes, however you want to put it, from some of the interviews that we have had. You can kind of read through these as I'm talking. I will say that in general there is definite interest among the stakeholders we talked with of participating in this and seeing Meridian succeed in this. I think one of the key drivers moving forward is -- is this project is seen as an initiative that is regional in scope and benefit. Obviously, it will benefit Meridian being here, but I think you're going to have a lot more opportunities to get more stakeholders involved. So, emerging scenes from that research, there is definitely a need and an interest for more collaborative research bringing in -- if you can think about it again, Boise State, Idaho State, and some of the agri business folks. The state of Idaho has a specific interest in international developments, specifically in Asia. I think there is a definite tie into that. Thinking nutrapseuticals, for example. Opportunity for ag research and commercialization. Interest in ag preservation, but everybody recognizes the challenge there. There is definitely a need from an economic perspective for more product to sell and to describe. I think that you have been very successful with retail and healthcare, but I think, you know, Brenda would be the first one to tell you that I think there is -- there is a need for more product, whether or not at that site, et cetera. And, again, the focus on regionalism. Picture, for example, if the Fields District was really focused on a regional economic development driver, the ability to get Highway 16 funded, these things would be much more successful. So, we also looked at -- I had mentioned earlier some of the case studies and I'm going to not spend a whole lot of time on this, but we have broken it down into these categories of education, workforce magnets and initiative, university consortiums, ag oriented research parks, research institutes, state initiatives, and research parks and you will see in a little while we really think these three over here are the ones that are going to be the best focus for the Fields District. Meridian City Council December 10, 2013 Page 8 of 47 So, you know, in each one of these we looked at a couple of different scenarios, again, you already have -- with the Renaissance facility a really good -- a really good precedent for this type of initiative. We have done a lot of work -- especially in northwest Florida developing education, workforce and business collaboratives. I think there is a lot more opportunity to bring in business collaboration with those types of initiatives. University consortiums -- you have in Idaho a consortium that's already created for the Center for Advanced Energy Studies, I think that's a good precedent. In our conversations with Boise State, Idaho State, University of Idaho, there is interest. We all know there is a lot of competition among those universities. Boise State is very interested. We even met last night with some of their folks, they are interested in participating. Ag oriented research parks. Several examples -- Treasure Coast in Florida. Kansas City Bio Science. Bi -Ohio, all of those are really good examples and I think good precedence for us to look at further in phase two. Research Institutes -- I don't know, unless it's specifically focused on ag, if that's going to be a good fit here. But these are three that I think are very good to look at. The Danforth Center, for example, in St. Louis I think is a very good initiative and a good one to look at. And, then, we also looked at research triangle park and that was one of the things mentioned early on to look at and I want to just dispel that theory that it's -- it's too big of an initiative and, really, the focus on just research is not that applicable. However, they also have the North Carolina Bio Tech Center that is part of that and that's a component of the research triangle that I think has a lot of applicability here. This item on the right, the IGEM, that is in Idaho, a Global Entrepreneurial Mission. It's still kind of getting off the ground, but I think it has a lot of applicability here. We talked to some folks there and I think there is some interest. Again, we have looked at research parks all over the country. One of our colleagues Steven Spaulding, he's an expert in this and has worked on a lot of these. The one on the left, the research triangle park, we just think it's that applicable. The one on the right, however, you know, it's Purdue Research Park. They have four parks, one of them is research, two of them are business -- three of them are business incubators. What's interesting, though, is if you look at this map on the right over here, that's the state of Indiana and you can see each one of these facilities, very similar in terms of how Idaho approaches their research. So, where we are -- and I hope I'm doing good on time. I'm talking as fast as I can here. Hopefully not too fast. But you can see on the bottom we have very preliminary kind of looked at -- each one of these models, research parks, ag oriented, education, research, university consortium, mixed model, workforce business research and we have given you a preliminary rating, so you can see the higher the number the more applicability we see here in Meridian. So, we really think that from a go perspective, again, that's what this phase of the project was about, we think that there is three main initiatives that have a lot of applicability and have a lot of opportunity to be successful in the Fields District in Meridian. The workforce business collaborative, entrepreneurship focus, ag research consortium, and from a place based perspective that can take on a lot of different things. But, you know, those two circles that we have on those maps identify sort of opportunity areas we see where this can go. One is more sort of up here at the corner of 20-26 and 16 and the other one might be more of sort of an agri tourism based type of a facility that's out in the Fields District as it is right now. So, with that said, where we are at, we are going to be finalizing the reports and getting that to the city by December Meridian City Council December 10, 2013 Page 9 of 47 20th. Hope to get their feedback of January 3rd -- by January 3rd. Bruce and Brenda assure me they are not taking any vacation. So, we are happy about that. I'm joking. All right. Good. And, then, finalizing that report by the 10th and, then, coming out and giving you a final presentation on the 14th. So, what that phase two and phase three looks like -- as Bruce mentioned -- and I think he kind of tee'd this up, we really do see this as a strong component of an overall economic development strategy. We see there being a definite focus with -- and compliment to your healthcare and your ag and we do think that phase two and phase three should be very much focused on a feasibility of the plan, but specific sites and specific scenarios. So, with that I wanted to just leave you with this little slide, this little picture. Opportunity is missed by most people because it is dressed in overalls and looks like work. Thought that was very applicable. That's a quote by Thomas Edison and with that I would be happy to entertain any questions. De Weerd: Thank you, Sean. Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Sean, you mentioned a couple areas -- sectors. The ag commercial -- commercialization, I want to make sure I understand that. Is that a model similar to what I'm familiar with the national lab where they do the research, develop a product, and, then, find an entrepreneur who wants to market that product and put it into play? Garretson: It's very similar to that and if I can just be a little bit more specific, what we have been talking about -- what we talked about in our workshop yesterday with the Mayor and Bruce and Brenda and Caleb was imagine sort of a phased process where you might have as part of phase one more an agri business focus and workforce and development. I think the workforce development initiative, collaboration with the community college is still to be decided and discussed and Boise State, K through 12 of your school district here and businesses with an incubator of sorts there is the phase one. Phase two would be having additional parcels around that for spin offs and commercialization moving into additional buildings. De Weerd: Any other questions? Bird: Very good report. De Weerd: And there is a lot behind it, which you will get more of the meat in the report, but -- and I greatly appreciated Sean sitting down with you and your team yesterday and -- and hearing more of the meat behind your presentation and very excited to move forward. Garretson: All right. Well, thank you very much. Have a good holiday. Thank you. Meridian City Council December 10, 2013 Page 10 of 47 De Weerd: Thank you. Bird: Thank you. De Weerd: Bruce, anything you want to leave the Council with? Chatterton: Well, we are just looking forward to seeing the finalized report and some direction. I think It's going to be important as we -- as we move on into this, not to try to get too focused on a facility -- again, it could be a strategy for promoting certain industries and it could be shared with other jurisdictions. In fact, as we go into this thing we are going to be needing partners, so we certainly can't be parochial about it. So, we don't want to focus in too much, you know, to be too myopic, too early on with this. But there I think are some exciting directions and tendencies as you have seen and we are looking forward to presenting that to you in January. De Weerd: Thank you. And I hope that maybe, Sean, when you come back we can set up additional opportunities to talk to different groups with -- with some of this as well. So, that would be perfect. Okay? Garretson: Thank you. B. Information Services Department: Strategic Plan Update De Weerd: Thank you very much. Okay. Item 6-B is our Information Services Department. I will turn this over to Jaycee. So, our information services director needs help -- Holman: Yes. De Weerd: --with information. Holman: As you can see I learned from last time and I am not using the snap board, I'm using a laptop. So, basically, I'm excited to be here today and do this presentation. I have now had a year in this job and I feel I have enough experience that I can give an informative presentation on clerks and IT and this whole department. It's been a great year. A lot of learning. But, really, it's been a good experience for me so far. The title of this presentation is a little bit misleading, as there is no adopted plan or strategic plan for IT at this point. You heard in previous presentations that the city is going through the process of writing and adopting a city-wide strategic plan. Our department operates in a support capacity to the rest of the city for both the clerks and IT sides of the house, so it makes sense to model our strategic plan after the city's strategic plan and we will be moving forward in that direction over the next year. My approach to this presentation was to have my staff put forward those items that they work on that they would most like the Mayor and the City Council to see and be informed about. As a support department we operate behind the scenes and by nature most of what we do does not get a lot of Meridian City Council December 10, 2013 Page 11 of 47 attention. The light usually shines brightest on us when a system is down or we are experiencing some sort of outage. I want to take this opportunity to shine the light on all of the ways that our departments provide support and, therefore, greater efficiencies to other departments in our community as a whole. This presentation -- the beginning of it is going to be on the clerk's office, but the heavy part of the presentation will probably be on the IT side more, because as the clerk's office we work very closely with the Mayor and Council you see day to day almost all aspects of our job, so I feel like the IT section of it you don't get to see as much of. So, to begin with, this is what people think our department looks like, I think, or a lot of people do. And this is, really in reality, what we really look like. So, we are divided into three sections. Obviously, the City Clerk's office, software engineering, and -- I'm sorry, I'm a little bit under the weather today, so I have got a little bit of chowder head, which is not ideal when doing a presentation like this, but -- and our infrastructure support group. So, I'd like to begin with the clerk's office and just introduce you to each of the people in my department there and some of the things that they do. This is our admin assistant one, Holly Binkley. She's really communication central, not only our department, but City Hall -- let me go back one. We handle all incoming calls through the City of Meridian's general telephone line. We direct those calls to other departments and I get a monthly report from Dave regarding how many are just coming into that main line and about -- we average about 1,300 a month. See if I can get this to -- okay. Our office is often the first suite that City Hall visitors stop in at looking for city services. We have great help out front now with our volunteers, but they usually direct them to the City Clerk's office if there is some sort of a question that they can't answer, they are really not sure where to direct the general public to. We are responsible for City Hall meeting room reservations. On average we manage 50 meetings a week, with one employee dedicated to that task and that's just a lot -- it's a lot of scheduling between Conference Room A, Conference B, City Council Chambers, City Council conference room. It can get quite hectic, but the good news is the rooms are being used for exactly what your intent was for them. They have been a great amenity to our City Hall. They get used by everything from developers for neighborhood meetings, homeowners associations for annual meetings and city staff for training and updates, as well as a lot of our wellness events that take place here now. One of the positions that got approved was passport specialist. This is an assistant city clerk position and it's Sherry Finch, she handles this. Let's see. As the only accepted facility in the City of Meridian this has been a very welcome amenity to our City Hall. We offer this service not just to Meridian residents, but to any resident in the area. We started accepting passport applications November 1st. The first two months that we did the passport acceptance process we weren't scheduled out fully, did kind of a slow roll out of it. We have one full-time acceptance agent and four part-time agents and between November 2012 and November 2013 we processed over 2,240 applications, with a total of 56,175 in acceptance fees. We did fully fund that position and that was our goal. Our passport process is a little different than other areas around here -- other acceptance facilities around here in that it's appointment only. We offer privacy and I believe very good customer service, even if we do have people that are a little bit frustrated that walk in and, then, realize they have to have an appointment, we are able to direct them to another facility out in Canyon county that accept walk-up traffic. But as a whole I think that our customers really Meridian City Council December 10, 2013 Page 12 of 47 appreciate the service level that we give them here. Our assistant city clerk Nancy Radford is over licensing and permitting. What I wanted to highlight that she's taken charge of this is -- as you know the proposed IndyCar race that could happen in the summer of 2015, she has done a lot of work putting together a monthly meeting to try to help and plan for this with the promoter of this event and any other agencies that need to be involved in it. This three day event could attract upwards of 250,000 spectators and visitors to our city. If successful it could become an annual event. The monthly meetings are to discuss the Grand Prix Association's progress and update on agency concerns. Twelve agencies are collaborating, participating in the open forum meeting. A total of 35 agency employee contacts are receiving meeting information and we are keeping minutes at these meetings and the Grand Prix Association of Boise is solidifying sponsors. They need to have three million dollars in sponsorship funds by January for IndyCar to make the Meridian event possibly real. But that's really been a big thing on her plate and I think she's done a great job of putting that together, arranging it, communicating, getting everybody involved way ahead of the event before the possibility of it happening. Machelle Hill is our deputy -- a deputy city clerk. She's really our land use specialist. She processes and follows all new land use and property developments from receipt of applications to planning and zoning to completion at City Council. She performs all public noticing for public hearings, completing state legal requirements and providing for just accurate public information. One of the things she worked on that was a little bit different over the last couple of months was the Meridian Heights Water and Sewer, the Victory South annexation. You're very familiar with that. One such requirement of this was to prepare an annexation plan and a summary of that plan, which our Community Development Department did. We helped to distribute it to all of the properties that were subject to annexation. Requirements such as noticing properties within 300 feet, as well the approximate 250 affected residents were notified in accordance with state code. And sign noticing of the property, special legal noticing in the paper and a public service announcement were done. And the goal of our office was to inform the community and assist in the outreach efforts that were being spearheaded by the Community Development Department just to make sure everyone was informed. Our senior deputy city clerk is Jacy Jones. I call her All Things History. She has really really stepped up with our Historic Preservation Commission and she really is the heart of that commission. She helps them write grants. She has worked extensively on the walking tour and walking tour brochures. Along with that special project she's in charge of public records request. We did 172 of those this year. Online searchable documents. She keeps that maintained, making sure many of our documents are available to the public in an effort to be transparent with our records. Historic records are also maintained within our office and we pay an active administration roll for HPC and she believes that preserving Meridian's past and making our history accessible is crucial to helping future generations understand our community and she really believes that and it's a very active interest of hers and I know they really really appreciate her and we certainly do also and that's a very small portion of what this office does, but in order to not be here for four or five hours I'm trying to trim this down. So, I will have to say to my IT staff they did an outstanding job putting together slides and things everyone should be interested in and want to see. I had to trim a bunch out, because it was going to be about a 150 slide presentation, so we trimmed it down, so Meridian City Council December 10, 2013 Page 13 of 47 I'm probably going to zip through that fairly fast. I'd like to call Dave up here right now. I'm going to go through his part of the presentation and, then, allow for any questions if I go too quickly through something if you have any follow-up questions. So, we will start out with -- on Dave's side of the house, which is the network infrastructure -- I guess that's the best way to describe it. Stephanie Beck -- this is one of the positions that was approved in this budget year. She's our admin for IT. We have kept her very very busy and she's a welcome addition to the team. She spearheaded donations, organization and inventorying items, preparing them for donations. She reached out to local nonprofits and we donated over 350 items to the Meridian Food Bank, the Boys and Girls Club and Computers For Kids. So, it was nice to see those computers go to good homes, to good organizations, that needed them. Stephanie also is our purchasing and organization queen. She sustains a thorough purchasing record for us. She's very very organized. Maintains our IT prepaid account and makes sure that is balanced to zero -- I'm pretty sure daily now. So, maintaining the IT prepaid account. Internal invoices are created once the purchase has been made. Departments are properly invoiced for the technology purchases and she keeps that account balanced to zero. So, we really appreciate that. She's converted paper filing to digital -- the digital storage of quotes, purchase orders, internal invoices and licenses have been improved, making it easier to locate records with very little delay. And storage of tangible items. She's worked a lot on that in both the basement and a staging room. It's been streamlined and everything is clearly labeled and has its place. So, she is very organized, which we love. Next employee that I would like to talk about is Krystal Goodman. She's our support technician. The most important part of Krystal's job is she maintains a wonderful sense of humor with all those phone calls that she gets. De Weerd: She would have to. Holman: She does. She does basically IT 101, which is for all new employees. She coordinates with HR with new employees and teaches them everything they need to know coming -- or what she thinks everybody needs to know to start out. They also receive a copy of the presentation. She teaches them how to contact the help desk. How to submit a case in case management. Maintaining your network drive and other network drives and everything about e-mail, attaching, size limits, e-mail archives, are retention policy and web application. She also has created an IT blog, which if you look right under where it says strong password success -- this is actually on our site and it's very funny. How to choose a new password without wanting to hit your head on your keyboard. So, she -- she does a lot of easy how-to manuals for people to use. Some of the more recent topics have been reserving IT equipment, contacting IT for support, how to choose a new password without wanting to beat your head on your keyboard, and Outlook tips. She even puts big stickers on laptops that -- I actually checked out a laptop, which I haven't ever really done before to take home and work on this presentation this weekend and I pulled it out Sunday afternoon and was firing it up and my boyfriend walked by and said, hey, did you log into your network before you left with that laptop and I go, no, why and he goes, well, because it's pretty much going to be a paperweight and that's what the sticker said, if you don't log in before you leave this is just a paperweight. So, I didn't get to work on my presentation and that was pretty Meridian City Council December 10, 2013 Page 14 of 47 funny, because I never pulled the laptop out and looked at it before I went home. So, she puts those notes for people like me, apparently, so -- next person is our computer specialist, Jamie Beehn. Some of the things that he has worked on is a CAD upgrade, which is computer-aided dispatch. This is an example of how we are working with other agencies in the valley. He assisted Ada County in the selection process. He assisted in the RFP and participated in on-site evaluations, collaborated with multiple agencies on selection, piloted the multi -IT management on patrol and fire vehicles and multi -IT communication interface between the county and vehicles for the new CAD system and he upgraded all MVTs to communicate on 4G, LTE, and preparation for the new CAD. So, Jamie's position -- he is a computer specialist and that's another position that was approved in the budget year to basically have another Jamie and have redundancy in that position. So, that person is -- his name is Eli and he will be starting at the end of this month. So, we are very excited to get him on board. Jamie also is in charge of computer replacements, which that will be nice I think. He will be happy to spread that between two employees. He did 43 desktop replacements, 25 laptops, 11 VMTs and miscellaneous iPads, printers, plotters, projectors, anything else that might come up. He might have answered an iPhone question or two. So, infrastructure. Dave's second in commanded is our systems administrator Chad Neal. Chad is in charge of -- or oversees our SAN -- I have learned all sorts of acronyms this last year. SAN is our Storage Area Network. This storage architecture is highly resilient and allows for sharing between servers, increased performance and capacity for long-term needs of the city and this one -- there was a couple ones I had to e-mail Dave, I'm like what is SNAPS. What is -- as I was looking at the presentation the other night. We centralized our file services. It means ease of management, better recoverability, and resource savings due to deduplicate -- duplication of files and SNAPS, which allow for quick and easy restore to a point in time, which are copies of data on file sharing. Currently they run every hour during business hours and we keep two weeks worth of these. Now, now I know what that is. De Weerd: And you will all be tested on this presentation after -- Holman: Exactly. Rountree: For what? De Weerd: For basic understanding. Holman: Yeah. So, basically, it's really complex and my whole point in this is to show that they are all very very different disciplines that we do in IT. So, we will just totally confuse you with a lot of information. So, I'm hoping to -- just trying to point out a few things to you. Data protection, what is it, how do we protect our data and why is it important. We have all seen something like this before. Do you remember this sinking feeling of knowing something's gone and you're pretty sure you don't have it saved anywhere else. You remember to call IT and hopefully you can get it restored. Data backups include all data that is used in every department for every work flow. Files range from small Word documents up to full servers. We can recover or restore any city Meridian City Council December 10, 2013 Page 15 of 47 data anytime at almost the point of time that the error occurred. We backup all the city's data every night using Enterprise software and we store these files at City Hall and we also make a copy that goes to the police department. We also make an almost realtime copy of all data as it changes throughout the day. All city data is highly secured in four different locations and made available using the city's network, which is also redundant. Data protection improvements. All network devices, switches, routers, firewalls and wireless are being captured nightly. Replication allows us to insure low RTO and RPO. RTO is recovery time objective, which is the time it takes to bring services up in the event of a major service disruption. RPO is recovery point objective, the time between the outage and the last backup. Basically the amount of data lost. In this case the last 30 minutes. The RPO can be as low as two to three minutes, but 30 minutes is the max. So, we are thinking about -- I guess a good example would be all of our officers in the field using the system if something were to happen, just the constant data that's changing there or in utility billing, they are constantly entering information all day. You can have it as low as two to three minutes of information lost. That's fairly impressive. This is Dave, our infrastructure support manager. Virtualization efforts. With virtualization we are able to centralize management by creating 90 virtual resources or servers from one physical resource or server. This reduces the amount of time on administration and reduces staffing needs. Hardware is used to its full potential, rather than buying very powerful -- powerful servers that get underutilized. It streamlines our recoverability and allows us to bring servers up from a major outage very quickly and it allows IT to meet hardware needs for all departments without needing to purchase a lot of hardware. The city's current need is about ten servers. Without virtualization the number would be closer to 70 servers. So, fiber. You have heard lots about that in the last six, eight months. Providing a data communication medium that's robust, scalable, reliable and redundant. It allows for city efficiencies, like the fire department being able to do part of their training on site and still provide needed coverage or Public Works to make improvements to SCADA to allow for better control of analytics that help drive infrastructure planning. At this time, Dave, do you want to give them a quick update just where we are at in the fiber? Tiede: We have met with Syringa Networks, which is the provider that will be putting the fiber in here a few weeks back. They are working on a new charge permit from ACHD to get some of the right of way usage things resolved, so that they can cross over across the street in areas. Otherwise, they have actually started digging on Stradford. Started digging to start lying conduit. So, we are moving forward. De Weerd: Cool. Tiede: We are still on track for a July time frame for the whole project to be complete, but if weather concerns arise, then, that may be extended until September. But it should be by the end of the fiscal year. De Weerd: Thank you, Dave. Meridian City Council December 10, 2013 Page 16 of 47 Holman: Okay. City asset tracking. This is actually used on both sides of our house in that it was written by the engineering department and we use it on Dave's side quite a bit for tracking hardware and replacements. It's better tracking for all of our IT -related assets throughout the city and improved data for replacements. We are able to track licensing for use on ownership and compliance. It also helps improve visibility into what the city owns and where we may have licenses available for use. Possible transfer between departments. We also use this to keep track of maintenance and subscription agreements and it insures we can have support when we need it and helps to avoid costly reinstatement charges. The service desk. Over 4,500 dollars -- 4,500 dollars -- over 4,500 cases this year -- correct? Okay. Last year approximately 3,000 help desk calls. Over 200 purchasing requests and over 300 POs and 200 internal invoices. And this is just a visual representation of all the systems that we provide support to. I said throw it all on one big screen and make it look pretty and it looks good. I like it. This is what our infrastructure looks like. This is all of our infrastructure, not the end user computers, but everything that is in place that we maintain. I thought it was really important to see that, because it's not just a server room upstairs at City Hall and one at PD and one -- it's a lot that we maintain and keep -- keep going. At this point are there any questions on infrastructure to Dave before he gets to sit down? De Weerd: No. Holman: Okay. All right. Mike. Okay. This is our software engineering side of the house. Our software engineering manager is Mike Tanner. He continues to maintain and add to the incident tracking system or ITS which he wrote for our Police Department. A major accomplishment this year was to facilitate data sharing between and across agencies within the valley. Up until recently this didn't happen much between agencies. The data that did get shared was from a text file on an unreliable source. We now have a shared network called the 10.199 Network, which -- that's very descriptive -- between all three agencies, which is Boise police, City of Meridian and Ada County Sheriff's Office. This gives us access to real time data versus static or aged data from a text file. Because of the network we are now able to run realtime searches against all three agencies' incident tracking databases. We can now search for names, addresses, and phone numbers from three different data sources. If the person's not in our database they are likely to be in Boise city's or Ada County's. This has been so successful that now even Ada County Dispatch is using it. What you're seeing on the slide is an actual screen from ITS that was written and created by Mike. So, it's very easy to look at, easy to use I think. This next slide is automated crime mapping. Instead of having a crime analyst create a crime map manually using a third -party software, which is very time intensive, this pulls data realtime from incident tracking and auto populates a GIS map to show what has been going on in our city realtime. This can be utilized by patrol in their morning briefings to see what happened the previous shift and this also allows command staff to look for patterns and trends and where problem areas might be. If you were to click on an icon on the map it would allow you to drill down into that crime and see more details. I can't demonstrative that as I don't have access to that, because I'm not a police officer, but I know Jamie Leslie is here Meridian City Council December 10, 2013 Page 17 of 47 today in support of our presentation and he wanted to come up and just give you an idea of how great this is for them and how they are going to be able to use it, so -- Leslie: Thank you, Madam Mayor, Council. Currently briefing is done with a Word document and we actually type information to share amongst the teams as they go out in the field. Automated crime mapping is really the information we used to go and find a crime analyst and go, hey, how many burglaries did we have last night. How many vehicle burglaries and where were they at. This is realtime data coming in from our ITS system. Taken to the next step, because we are already connected with Ada County and Boise city and all of the reports -- if you think about police reports when they come into the system the very first place they come into is to the officer, so our data is collected by the officer and entered into our system and it's instantly available to those other agencies. All the other systems that we have ever used have always been further down the food chain, so it could be a couple days before that information was into the data system. So, with ITS and the mapping system and that person search, that information is available to the officers almost as fast as a report can be taken. Same with our e -citation we are doing in the field in our SI part. So, all the information is now realtime and when you take -- when you sit down and talk about the crimes that have occurred over the last 24 hours as you're briefing your team, you will be able to have a visual of that and show those locations on the map. It gives the officers the feel of where it's at, where the ones across the street were at. You don't always make that connection between a burglary that occurred across Fairview from the neighborhood you just took the report, but when you see it on the map before you came out you know that, hey, there is two or three that just occurred in that general vicinity and you start making that connection to those crimes immediately versus after an analyst makes that for you. It also frees up that time for that analyst to go further into projecting where we need to be with our resources, where they need to go, and reassign our officers to the right places. So, it allows our officers to be more flexible and respond to the crimes as they occur and gives our support staff the opportunity to, then, take that to the next level. I can't speak highly enough of the IT department and what they have done for our department. They feel like they are part of our department versus being a separate department. It's not like an IT department, it's like another finger of the police department and where we are going with that. The ITS system was started with a vision of a place to store audio files is now being used by three agencies and other agencies across the state are calling us wanting to use it in different aspects of their job, speaks a tremendous amount about the people in the unit -- not just my -- not just myself or -- the whole unit, because when Mike is helping us do things everybody else is taking up that slack and they are doing everything they can do to make sure that their normal jobs are getting done. So, big kudos to those guys and gals in that unit, they do a good job for us. Any questions about that aspect I can answer for you guys? Bird: No. Explained it well. Holman: Thanks, Jamie. I figured he would say it a lot better than I could. Incident tracking to RMS interface is another piece of this ITS system. All reports generated by our police department have to be put in to the New Worlds Records management Meridian City Council December 10, 2013 Page 18 of 47 system called the RMS. Before we created this interface the average time it took to type a report into New World System probably took about 20 minutes. It now takes about 30 seconds to import using this application. This is a big efficiency gain for the police records division. Nick Phares is our -- another software engineer with our department. Stacy said she would like him to be her personal representative in the IT department and we have declined that, so -- she would like to use one hundred percent of his time. His big accomplishment this year is something we are very proud of -- is the new PERSI Iris application. PERCI implemented a new pension administration system, which requires more detail in reporting from outside entities. Not only did we have to change how we reported detail to them, PERCI was also changing how they accepted and tested the data. Nick was the first to be ready to test PERSI's new system. He was actually ready before they were and Meridian was the first in Idaho out of I believe it was 700 plus agencies to have a successful import. So, we were the pioneers on this one. He also helped develop a Public Works training application. Just wanted to provide you kind of a picture of what it looks like, but we created this so they could track all the different training for their employees across their different divisions. He created a pretreatment application for wastewater. We received an application from the city of Boise to track their pretreatment data, but it didn't really meet our needs, so we took the time and created exactly what our department needed. Randy Elliott and Steve Manik have been very happy with this application. It, in essence, keeps track of pretreatment inspections and lets them know when the inspections are due. This is Somer. She is our part-time software engineer, otherwise known as Somer Accella I guess. She helped to get Accella citizen's access up and running. She's responsible for making those reports work. She fixed a problem with Accella citizen access payment failing. Accella support couldn't even figure it out, but Somer did. She runs customer support on the fly for users to answer questions from the end user. This is an example of what Accella looks like and this is an example of a report and she does all types of reports. Daily, weekly and monthly financial reports. They work like checks and balances to each other, so it's easy to spot problems. Other examples of reports include invoices, receipts, licenses, letters, and tracking, GIS. Apparently there was an option to pick the best picture of yourself and not the one that was on your badge and no one told me, so this is the picture that Doug submitted of himself. So, Doug's worked really hard on integration of Hansen, with Ada County Assessor addresses. It enables the assignment of the nearest address to each water or sewer asset. It helps them find the asset. If they know where to start they can at least get close to it and eliminate maintenance of redundant addresses. Integration and vital valve software with Hansen MGIS. It enables you to see water valve maintenance activities on a map. It eliminates redundant hand entry of valve characteristics and maintenance into the Hansen system and the characteristics are collected by Public Works staff on their mobile devices and maintenance information is captures by mobile devices automatically and the custom atomization synchronizes with Hansen MGIS. Customize mapping applications. It's a screen shot of our MEAD editor which was also something that was created in house. It's called Meridian Enterprise Addressing Data that we won an AIC award for last year and it was created to track city wide addresses and make them consistent and eliminate duplicates across the city. What we have been able to accomplish this year is that by using a different map control we were able to get away from using a map that requires a Meridian City Council December 10, 2013 Page 19 of 47 special license from a software called ESRI and those licenses are about 2,500 dollars a year. So, basically, it's a single source address throughout the city. So, for example, instead of having -- you can have many variations of 4029 East Tahiti. It can be east written out, it can be Tahiti East, it can be Tahiti Drive -- it really makes consistency amongst our addresses. This is Matt Tenold. He's our GIS specialist. He has worked a lot with our fire department in the last few months. He works closely with Chris Amenn and others in that department. He had to manually add labels for better readability on fire map books, which means he manually placed all of the labels for every address in the city by hand. These are printed maps that they use in the field. And big map application was created that will run on an officer's mobile terminal to display emergency locations for both fire and police. This is an electronic map. And response times. He worked with Chief Amenn using our computer added dispatch. We are using computer added dispatch and RMS, which is our Records Management System, call data to verify GIS predicted response times to real world response times to help create new response areas. This will make analysis and predictions much more accurate and I don't know if you have anything you can add to that, Mark. Niemeyer: Yeah. Mayor, Members of Council -- and I alluded to this in my presentation not too long ago. This is the type of data we have been wanting for a long time and without IT essentially donating that time to us -- they spent countless hours working on this -- we would not have this data. We didn't have the ability in house to do it. Certainly with their expertise and knowledge it's now possible and this is going to be huge not only today, but moving into the future as we look at future stations, station locations, call volumes, even our public education as we try and target elderly fall victims, pulling data such as that -- that's just an example. So, I can't thank IT enough for what they have been able to accomplish. Holman: I think Matt's really enjoying working with the fire department quite a lot, too, so it's mutually beneficial. This is -- it's called fishbone analysis of the addresses. It's a little bit hard to see. At least my slide is smaller. Yours might be a little bit bigger, but fishbone analysis of addresses, they are looking for addresses either on the wrong side of the street, a road center line address issue, or addresses in the wrong location. This example shows the wrong address ranges stored in the road centerline file, which comes from Ada County. This can cause address locating issues if an address point is not there. Fishbone helps us identify addressing errors and suggests changes needed to resolve them and you can see all those buildings. Their addresses we are listing -- basically showing up on a map in the middle of that road and he's going through and actually putting the addressing on the correct location. Accella support and project management. That is Rob Sosnowski. He will be with us for three more days. We are busy trying to pull every bit of knowledge out of his head before he moves onto a great job opportunity for him. Basically Rob's updated -- the Accella GIS has been configured and deployed. It allows the user to retrieve information about and perform functionality on particular permits. Applications or code enforcement cases. In this case the search returned eight records, two of which have the parcels displayed on the screen. A list of available functionality is provided for one of the permits and the address and parcel number are also listed for the permit. In this slide parcels associated with permits have Meridian City Council December 10, 2013 Page 20 of 47 been displayed on the map and routes optimized by distance or time can also be added to the map. And, then, graphics is the fun stuff. This is Dakota Seal. He is our IT intern and the Mayor's is quite familiar with his work, so this is just a few examples of things that Dakota has created for us. And, then, this was all the other things in software engineering that I didn't even talk about. So, there is a lot. So, what I hoped to do today is just give you a small bite of all of the different ways that we support the different departments and I think I have probably shown pretty well how much we do for Public Works, police, fire, I mean we do a lot in our integrated -- really everything almost every department does. So, at this point are there any questions? I know it was a lot of information, but I was trying to do it in under 40 minutes, so any questions? De Weerd: Thank you, Jaycee. Any questions from Council? Bird: I have none. Rountree: No. Bird: Very good report. Holman: Thank you. De Weerd: Well, I would invite you at any point to attend one of their staff meetings. The comradery, the innovation, the exchange of ideas is extremely impressive and -- and the dedication this team shows is -- is just awesome. So, I want to thank you all. Thank you, Jaycee. Holman: Thank you. C. Parks and Recreation: Meridian Parks and Recreation Partnership Policy De Weerd: Okay. 6-C is under our Parks and Recreation Department. Siddoway: Thank you, Madam Mayor, Members of the Council. Just have a brief discussion with you today as part of our workshop to talk about a new proposed administrative policy for us to have within the department regarding partnerships. As you know, a lot of times, you know, good ideas or bad ideas walk in the door and present themselves to us in the form of an idea for a partnership and we wanted for some time a process to vet these ideas and determine their viability good or bad. That sets their fundability, what funding comes with them, things like that. We have been developing this -- this policy with the legal department. I want to thank Emily Kane in particular for her work. We have also been -- have taken this information through the -- the Parks and Recreation Commission through the summer and fall and they have recommended it onto the City Council for your consideration. Everyone should have received in their packets a copy of about three and a half pages of brief -- a draft of the administrative policy and I just wanted to quickly just hit highlights of that. So, there is Meridian City Council December 10, 2013 Page 21 of 47 four main sections that -- the first one is the proposer's information. It basically asks the question who are you. Asks for their contact information. What their -- if they are a corporation or a 501(c) (3) or who they are, what their group's mission is, their experiences with fundraising if such is required for the partnership. The second section is the concept plan for this partnership. Basically asking the question what do you want to do with us. Ask them for a summary of that. Any drawings that they would have. An analysis of the suitability. A description of who is being served with this partnership and a description of the benefit that they would see coming out of it. The third section is the business plan and, basically, asks the question how. You know, how do you plan to do this. Ask for things like phasing, timelines, any marketing strategies if necessary. The project management aspects. Any long term maintenance and defines what the city's role is in this proposed partnership. Finally, the cost aspect of it and asking how much will it cost. The funding requirements and looking for everything from materials, to labor, to maintenance, to insurance or other items. Any available funds that bring to the table. Basically the show me the money aspect of this and any future funding sources they foresee and a plan for any fundraising that is needed and the city funds that would be necessary for that as well. And, then, finally it asks for them to acknowledge the public records law that anything they submit to us is subject to that. It gives a timeline for us to review what they submit and follow up and get back with them within 50 days. It says that, you know, for particularly larger complex projects that may be multiple years, that we have the option of setting benchmarks and saying, okay, we are going to set a benchmark say for fund, for example, and we need to raise this much by this date and that they would need a partnership agreement at the end of this. So, some of the discussion with commission was, you know, it's very hard to write a one size fits all partnership policy, because you get a very large one, you get some small ones. They talked about whether to try and write different sized versions of this, what they decided on and recommended was to go for this full one and, then, just allow the flexibility at the department level and, you know, that they can just respond if something is not applicable as such. We feel like this at least gives us a tool in our tool belt to help us vet some partnerships that walk in the door be better equipped to bring information to you on any proposed partnerships that may or may not need an agreement. We do not need formal approval today and, basically, here in the workshop setting to bring it forward in its draft form and solicit comments, feedback. If you like we can bring it back on another meeting with a resolution, but at this point I will just stop and ask for any comments or questions. De Weerd: Thank you, Steve. Council, any questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Steve, it looks like -- I think I know the answer to this, but this is for those individuals who are wanting to enter into an agreement with the city for construction expansion, improvement of amenities in existing and future parks. It does not get into Meridian City Council December 10, 2013 Page 22 of 47 things like Ribfest and those events, that follows that -- it's own process that you already have in place; correct? Siddoway: This is correct. This is not meant for events. This is meant for, you know, capital projects or partnerships that would bill facilities within our parks in some kind of a partnership fashion. Hoaglun: Thanks. De Weerd: Any other questions? Okay. Bird: It's something we need. Have been wanting for years. Siddoway: Yeah. I know there has been a desire for something like this, so I guess I would just ask if you would like it to come back in the form of a resolution or if you have -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Steve, I'd -- I'd like -- and I know Bill or if Ted could help you -- get a copy of the optimist Boise city plan and just look that over and see if we have covered a lot of the highlights in that and -- to me that's probably one of the finest public-private nonprofit partnerships that's ever been involved, so -- that I have been involved with. But it's just something to look at and see if there is something that we have got covered -- that we have got everything covered like they had, which was -- in my book was very perfect. Siddoway: Right. And this was written to -- to cover a large one like that, but if a small one comes in, for example, tomorrow night the library district is coming to talk to us about a proposed partnership -- it's a very small one -- for what they call Little Free Libraries, but they -- I have already handed them a copy of this policy in draft form and said, hey, test drive this for us, don't let it scare you, because I know it asks for big things like business plans and your partnership is quite small -- if it's small go ahead and tell us if -- you know, if it's not applicable go ahead and say so, but help us vet the questions, get us the information we need. So, they are helping to test drive that for us and we are going to be talking to them tomorrow night. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Steve, I think you hit upon it at the start. Not everyone is going to be the same. You can't have the boilerplate -- you can have a boilerplate substance, but you got to -- each one has got to be done as -- as an individual deal. So, I think you're on the right direction myself. Meridian City Council December 10, 2013 Page 23 of 47 Siddoway: Okay. Any other comments? Rountree: Move it forward. Siddoway: Thank you. D. Police Department: Budget Amendment for Awarded FY 2014 Traffic Enforcement Mobilization Grant for the Not -to -Exceed Amount of $45,100.00 E. Police Department: Budget Amendment for Awarded FY2014 Alive at 25 Grant for the Not -to -Exceed Amount of $56,078.00 De Weerd: Okay. Item 6-D is under police department. Hi, sergeant. Gonzales: Hi, Mayor. Hi, Council. Today I'm here to ask for spending authority under a grant that we receive -- every year the amount changes, but it's all in reference to the amount of work that we work towards different mobilizations from the Idaho Transportation Department Office of Highway Safety. In this we have grants with both overtime and equipment funding of 45,100 dollars -- if I can -- De Weerd: Sergeant Gonzales, you may as well cover the next one and I'll ask for any questions. Gonzales: Okay. The next one also is a renewing grant, which is the Alive At 25 program. This will cover the cost to pay our instructors for the Alive At 25 program. Also with that is some additional funding to assist us in continuing to develop the youth safety coalition that was started -- or the funding started last year and we were moving forward on that and we believe Sue will be launching that in a public event as well. De Weerd: Thank you. Council, any questions on either of these two items? Bird: I have none. Rountree: No, I have none. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I do have a motion. De Weerd: That would be appreciated. Meridian City Council December 10, 2013 Page 24 of 47 Bird: I move that we approve the budget amendment for the FY -2014 traffic enforcement grant, not to exceed 45,100 dollars. Hoaglun: Second. De Weerd: I have a motion and a second to approve the budget amendment request on Item 6-D. Any questions or comments from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the budget amendment for FY -2014 Alive At 25 grant, not to exceed 56,078 dollars. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 6-E. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Sergeant Gonzales, I do want to appreciate -- or express our appreciation for everything you're doing on -- in this area. I know you take to heart the safety programs in particular for our teen drivers and it's greatly appreciated. Gonzales: Thank you, Mayor. Thank you for giving us the opportunity to work on Alive At 25 and other programs as well. Bird: Thank you. F. Community Development: Transportation Update on Projects, Plans and Programs - Includes Update and Discussion About Upcoming Ustick Road Projects, Speed and Engineering Study Meridian City Council December 10, 2013 Page 25 of 47 Requests on State Highways, and Other Transportation Projects. De Weerd: Thank you. Item 6-F is under our Community Development Department. I will turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. I'm before you again to talk about transportation projects that have been happening or about to happen here within our community. You all should have a copy of a memo in your packet. I'm going to maybe work backwards, since Sergeant Gonzales is here and just start by kind of, Madam Mayor, echoing your sentiment there, appreciate Sergeant Gonzales' presence and participation with the Meridian Transportation Commission over the past several months. There has been a couple of different issues and he has taken time out of his days off -- this happened to be those Mondays were his days off, but he had spent a couple of hours with us discussing a couple of projects. One of them is in that memo that I -- I started my presentation off with. During the November 4th Transportation Commission meeting the -- the Transportation Commission did discuss some speed limit safety concerns on both Eagle Road and Meridian Road -- sections of those state highways. ITD was also represented at that November 4th meeting. After those discussions the commission did direct staff to draft an official letter to send to ITD asking them to do a speed engineering study on those segments of roadways. I just wanted to give you a heads up that the commission isn't taking any action, but they did ask ITD to do some more analysis of what's going on there with the median, particularly in those sections of Eagle Road. Is it appropriate to drop the speed limit, maybe, in certain sections, particularly the areas of Fairview to the interstate. In particular, again, that's one of the areas that police have spoke before about being, you know, higher crime, higher accident kind of areas and so that's something, again, that Sergeant Gonzales kind of brought to our attention. The commission agreed and asked ITD to look into that a little bit more. Same with a section of Meridian Road just south of 1-84 to about Victory Road and look at that -- there is -- so, there are currently some speed limit changes, an access with Calderwood Drive there and just seeing if that is appropriate -- what we have currently for speed limits and the way that those roadways are designed. So, that is one in the memo that I wanted to call to your attention. If after ITD does their analysis, presents to transportation, if they recommend any changes to those roadways that recommendation is what it is and it will be brought to the Council for consideration and a final action requesting that those speed limits be changed or medians be modified or whatever may come about from that. But, again, I just wanted to give you a heads up. It's a fairly new action. It's the first one that that commission has taken to really evaluate some existing conditions in our community, so I just wanted to give you a heads up and give you a copy of that -- of that letter that the Mayor -- that I worked with the Mayor's office on in getting the transportation chair to sign and send over to -- to ITD. Really I just have a couple of other things in the memo to highlight for you. There are -- on page two there is a lot of pedestrian projects that are happening in Meridian these days or about to happen. There is notice to proceed on four of them. Even since this memo went out the fourth one listed on page two, the Pine, North Haven to Rotan, that's basically West of Meridian High, there is a section there that doesn't have Meridian City Council December 10, 2013 Page 26 of 47 sidewalk. That is actually advanced to January. So, the notice to proceed on that was May. ACHD is looking at doing that here just after the first of the year, so -- but I wanted to just -- I don't typically put those in my memo, but -- but I thought I may as well provide you that information, since I have it, so -- the other thing I wanted to spend a little bit of time with has to do Ustick Road. We have talked before about Ustick Road being a priority corridor, not only for the city, but also ACHD. It's one of those key corridors that they have made a level of commitment and effort to while improving through Ada County and so I wanted just to give you an update that that is -- it's real hot right now. The first section kind of really is -- is Meridian. Well, I should say there is a section Duane Drive to Campton and Eagle-Ustick intersection have been improved in the recent past. The next leg is kind of working from east to west. The Leslie Drive, which is, essentially, the stoplight behind Kohl's -- or west of Kohl's back to the Locust Grove intersection, will be going into construction also after the first of the year. Tomorrow on ACHD's commission agenda they are set to approve the construction contract for C&A Paving to do that work. It also includes some improvements to that -- the intersection of Ustick and Locust Grove. So, that will be starting -- the proceed on that is January 13th. So, I know that we are probably going to get some -- some comments. Construction never ends here. Some growing pains. But the Ustick corridor will be under construction here over the next several years and this is just the next in a long line of projects there. So, that's more of a notice, heads up that that will be under construction over the next several months, again, starting just after the first of the year. And, then, what I wanted to spend a little bit more time getting to a little bit more detail on are some projects that are in design and even some of them moving into right of way along the Ustick corridor. So, there are three projects that are, again, in right-of-way design phases right now. The -- and I'm going to continue that theme of working east to west. So, I just left, basically, the Ustick-Locust Grove intersection. That's going to be under construction again complete here in the next -- in the next year. The next mile -- it's, actually, about three-quarters of a mile, because if you take the intersections out on both ends, the segment of Ustick Road between Meridian and Locust Grove is about three-quarters of a mile. The reason that I want to talk to you about that mile and, then, the other mile and a half, roughly, between is -- at this stage of the game this is when ACHD likes for us to submit a cost share application for the nontransportation components. So, elements of a roadway project that they say they can't or won't do with a roadway project, because that's not their charge, so things historically that we have asked for, again, the detached sidewalks, planter areas and get the detached sidewalks, that's the big one we typically ask for. Tonight -- today what I'd also like to discuss with you is a little bit on lighting and, then, some of the landscapes as well. I'm going to talk first a little bit about sidewalks and planters. We are also going to be with your -- a nod of the head. I don't need an official action, motion today, but sewer and water will also be addressed in the cost share permit. What's gone on historically is Community Development staff will submit a cost share application, meanwhile, Public Works staff is working with ACHD on some of the utilities and there is a separate interagency agreement and a cost share permit. What we would really like to get towards is one master agreement, agency to agency, and not have, you know, project managers and Public Works not knowing what Community Development is asking for or Parks and vice -versa. So, we are really trying to work with ACHD to, Meridian City Council December 10, 2013 Page 27 of 47 again, have one master agreement for these projects. So, just kind of running through these pretty quickly, but I'm going to talk about four -- or, excuse me, about sidewalk and planter areas and, again, kind of with a nod of the head. We have previous direction on -- and policy and we get it through development, detached sidewalks and landscape buffers as subdivisions come in. The first three-quarters of a mile the roadway widening project -- the projects you see that are in color are city zoned subdivisions and they -- all those projects, with the one exception of the one on the corner here, all do have detached sidewalks that are existing and for the most part, with some slight changes to some curb ramps, can be retained with ACHD's roadway widening projects. What I'm here to, again, propose to you that we ask ACHD to do is as they get further in design, these properties that have not yet developed, ask them to design in detached sidewalk. There are a couple of exceptions to that request. There are a couple of homes in here and driveways -- this map doesn't do a real good job of showing how close some of those homes get to the future top back of curb. But there may be some instances in here where you attach the sidewalk, just to allow some separation and you don't make it a situation where ACHD has to buy the whole property to detach a sidewalk. So, we have done some calculations there for this segment of roadway. There is also this existing home here where it gets pretty tight to detach a sidewalk, so that would have a section of attached sidewalk as well. But there are about 3,300 linear feet of frontage on both sides of the roadway in this project, if you include all those that -- the aerials, basically, you can see here areas. For those areas where detached sidewalk is feasible what we would, essentially, ask is, again, ACHD to acquire the right of way to detach that. And this is to improve those six foot planter areas for the detached sidewalk, so you're looking at about 5,000 dollars in construction costs to the city to improve those six foot wide planter areas with -- with a washed rock and that would be delivered and installed. I'm not asking you right now to -- for an enhancement for that. These projects are scheduled for construction in '17 and '18, so we are three or four years out yet before actually putting in that enhancement request, but before we get too far down that road, this is the request and, then, ACHD will kick us back a permit and, then, we sign that permit basically saying, yeah, when you get to that project that's what we will commit to do. So, I don't want to make any assumptions on past policy on this, I just want to give you a heads up that based on that previous direction that's what the impact would be to this roadway segment -- roadway project. So, I will pause real quickly before moving to the intersections to see if there is any -- any comments on that request of ACHD at this time. De Weerd: Thank you, Caleb. Council, any questions? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Caleb, why -- why would we be asked to participate to replace what's there, particularly in those subdivisions that currently exist where there is sufficient width to improve the road, leave the sidewalk in place or maybe if you have to move it in spots, but we still have that -- I think in every one of those there is a detached sidewalk and Meridian City Council December 10, 2013 Page 28 of 47 there is areas already maintained by the homeowners associations between the sidewalk and the existing roadway and if ACHD needs part of that it seems to me that it's their responsibility to replace in kind what's there and if the homeowners want a detached sidewalk, along with the city, they need to -- they need to replace it as part of the right of way, because I don't think they own any of that right of way, it's bare for future expansion. They are going to have to negotiate with each HOA out there for what they may or may not want. Hood: Madam Mayor, Councilman Rountree, I'm sorry if I didn't make that clear, but, yes, in fact, we have done a pretty good job -- that we, as agencies working together with developers and the HOAs to get those -- the existing sidewalks about there, installed in a location where they can be maintained. Like I said, the only thing that really has to be retrofitted -- there are a couple of curb ramps that will need to be rebuilt, because the ADA standards have changed. But for the most part the existing detached sidewalks that are out there in those color coded subdivisions can be retained at a cost savings to the taxpayer and ACHD as they build these projects. So, I'm sorry if I didn't make myself clear. The request would be these areas where you have got county and there aren't any sidewalks. But, again, a vast majority of the existing sidewalk out there can be retained as part of the project going forward. It would be to keep that flavor or that detached sidewalk for these county properties that haven't yet come in and annexed. We don't want them to look different than the rest of town, we'd like them to also have a detached sidewalk. The issue becomes what will happen with the planter area. ACHD says we don't want to have anything to do with the planter area. It's not necessarily detaching the sidewalk, they are okay with that, it's who, then, is going to improve to some level that area between the curb and the sidewalk and since there isn't an HOA and the homeowners haven't said, boy, we want this, the city has said, okay, that's something we are willing to -- as an interim condition put rock down when they do redevelop. The homeowner would be responsible for pulling out that rock and putting in green like the other subdivisions, so it matches and is consistent. So, I'm sorry if I didn't, you know, clarify that, but, yeah, all the existing sidewalk out here -- I think for the most part there is some bits and pieces that have to be reconstructed, can be retained and we are not responsible for any of that. Rountree: Okay. De Weerd: Anything further? Any other comments? Questions? Bird: I have none. Hood: So, I'm going to move, then, to the intersection project. This one you can see it's a little offset. There is a little bit more construction going on on the west leg of this intersection project and the east leg, but, again, this will match in with the project we just talked about. This project is a little bit different. You can see all the color here. So, not a lot of county zoned properties and there is a lot of existing sidewalk with this project. However, it is kind of a mixed bag with what ACHD is able to build with attached versus detached sidewalk. You have some homes here in this subdivision that are pretty close Meridian City Council December 10, 2013 Page 29 of 47 to the intersection and it makes it nearly impossible to detach a sidewalk in the backyards of these people's homes. So, again, similar to our last discussion. This may be -- this is in the city, but you won't have a detached sidewalk here, because, again, just some of these structures and fence lines and all that are really close, so -- and for that matter you do bring the sidewalk close to the curb at crossings, so there is a transition at some point in time. For this leg it actually occurs back in here. You attach the sidewalks, so you can get pedestrians to the curb, so they can -- they can cross the roadway. So, small sections of attached sidewalk are part of this project. This kind of got cropped off a little bit further. The south leg actually goes down a little bit further down in here, but there is a mixed bag. With this project I'm not proposing that we -- we apply for any cost share from it. We have, essentially, what we need with -- again, with some retrofitting, some -- some fixing up, but there will be some inconsistencies, if you will, in detached and attached sidewalk, but there is some existing constraints on this site, again, particularly on -- on the southeast corner that make it difficult for us to request detached sidewalk without seeing too much of an impact on some of the existing homeowners there. But I just wanted to let you know that this project is moving forward to -- this one is actually 95 percent, so this one is a little bit further ahead than -- than the other two roadway projects. I will also point out that part of this project is putting in some curb ramps to -- sorry, got the wrong driveway. There was a Northwest 3rd Street, so a pedestrian hybrid beacon signal can be installed in the future to get folks to the park if they are not able to cross here. So, those folks in like this subdivision -- again, that got crossed a little bit, but there is going to -- in the future there will be connectivity between this subdivision and the Waterbury -- Woodbury Subdivision a little bit further to the -- to the south, excuse me. But this one I -- I am not proposing, again, that we have really any cost share. You have got everything in the city and you will have the -- those property owners owning and maintaining the landscape buffer areas where they do this, so -- I don't know if you have any -- any comments on that one, I just -- again, more of a -- kind of a status update for you all, at least with detached sidewalk. I'm going to circle back and we will talk about lighting in just a minute, but -- De Weerd: Well, Caleb, any site issues as -- on that southeast corner of Meridian and Ustick? Because that -- like you said, that is a tight -- that's going to be tight with the -- to minimize the impact on the -- the neighbors that there is not a lot of site triangle as it is. Hood: I hope I'm not speaking out of turn here a little bit. I believe that this home has to go away. De Weerd: Oh. Okay. Hood: I just don't think you can fit everything that needs to happen. But, really, it was to minimize the backyards of these homes. You don't want to have to buy the whole block. So, yeah, Madam Mayor, I think -- I think that one just is going to have to make this project go forward. It think ACHD is going to have to acquire that lot. So, that -- I think that would address your concern -- Meridian City Council December 10, 2013 Page 30 of 47 De Weerd: Uh-huh. Hood: -- because it is tight today. De Weerd: Yeah. Hood: So, this is a -- De Weerd: Any questions on this section? Okay. Hood: I'm going to move to the third -- the third project, the other leg here. So, again, we are up near Linder. Again, the Ustick-Linder intersection was recently improved. You can see some of that here with the aerial, too, the existing sidewalk and, then, the limits of that project and, then, the new project that would be tied back in with what we just talked about. So, this project -- a little bit of a similar story. It's a concept level design right now, so I don't have 75 percent plans just yet on this one, but what we have talked about is a team. They are -- ACHD has heard the city and our request to detach the sidewalk. So, again, for county parcels that, again, you can see that aren't in a color, ACHD is proposing to go past that sidewalk -- subject to us requesting that officially with this cost share application. So, I will propose that we request that for this one. That cost will be about 2,000 dollars to improve that six foot wide planter area, so we can get the detached sidewalk -- and that's delivered and installed. In today's dollars. I don't know what that may cost in a couple few years when we actually ask for it, but somewhere in the neighborhood of 2,000 today to include that. I don't think three is really anything else to point out with this one. It's -- it's pretty standard and, again, you can kind of see what is city limits today, where we have existing sidewalks. A little more difficult when I put the zoning over the top of it. It's a little misleading in that this parcel hasn't developed yet and so you don't have the detached sidewalk that even some of these other projects that have developed in the city, but that you see. When it's annexed we can -- we can -- the city requires that property owner to maintain those planter areas. So, I think that's all that I had talking about sidewalk. I want to talk a little bit -- unless there is any questions on that one or direction on that project. Talk a couple minutes about lighting -- roadway lighting. De Weerd: Okay. Hood: Pause. Pause. Pause. Okay. Nothing. So, I want to point out it's a little bit -- before our transition, Steve is here, I have worked with -- with Mike Barton and Jay Gibbons a little bit on the dollar amounts and the planter areas, so you know that I didn't do that, but they helped in getting some of those numbers for -- for planter areas. Now, transitioning to lighting, Austin Peterson is also here. I'm also going to kind of take a pause a little bit if there is anymore detailed questions I'm going to call on his expertise in this matter, but -- so, I have been doing this now for several years and it's just starting to click for me based on a previous Council discussion we had just a couple few weeks ago on a development that was going through the process. I know ACHD's policy about when they do these capital projects, putting in lighting at intersections. So, ACHD will -- Meridian City Council December 10, 2013 Page 31 of 47 typically with a project put a light near a roadway, a roadway intersection. But they don't light roadways the way that our specifications require it, that we require of developers. What we are -- so these road projects are no different. We will not be getting any roadway lighting unless a few things. So, this is Ustick specific, but it's also a little bit of policy -- our internal policy about roadway lighting. It seems to be important to the city. It's something, again, that we require with new development, that a developer install to our -- our specifications when they develop a project. Some of what I am -- some of the feedback I'm starting to hear is -- an example we have a city park, yet we are not putting roadway lighting in front of a city park the way we would require a developer to when they develop a piece of property to put roadway lighting in. So, I don't want to call it a double standard, but there is some of that level of, hey, why isn't the city holding themselves to this standard. So, that's maybe one -- one piece of this with our cost share application do we want to ask -- or tell ACHD, hey, we'd like to come along side you and when you build this project we are going to put in lighting in front of our park. To kind of follow that same train of thought a little bit, there are other options or levels that we could explore having a -- further the discussion with ACHD, if it's the right thing for them to do to light roadway projects part of that discussion, but just talking with Austin and some others, it -- it seems to me -- just my opinion here -- it is certainly within their purview to put in lights. Now, they interpret their charge a little bit differently, but you have AASTHO and some other standards that say it's just good practice as you build a roadway to put roadway lighting in, because that may be something the Council wants to have a dialogue with ACHD's commission about. These are questions -- not necessarily trying to convince you one way or the other, but just options, because I want to call -- I call this out, because you will have -- Ustick will be a continual mish mash of -- you will have old standards, you will have no lights on county properties, you will have new standards with new subdivisions, so it will be light, dark, light, light, dark, nothing -- so, some consistency. And that's really the reason I'm bringing it up in this vein, with the Ustick projects, is are we okay the same as, you know, business as usual or do we want to have a discussion and talk about lighting and maybe it even is the city stepping and saying -- I know they are going to kill me and Todd was part of one of these -- maybe it's just something out of the General Fund, if the city says, you know, ACHD does not want to do it and we are going to set aside a million bucks a year and we are going to improve -- you know, as ACHD does this we want to -- mile by mile we want to have lights. It's that important. Or not putting it right now head to head with fire or police or any of that, but just want to get out there that, again, this is starting to -- a light is starting to go off in my head, pardon the pun, that we aren't getting -- we aren't getting roadway lighting with these and it is an opportunity -- there is a project going in there and it's -- it's not happening. So, we bring it to your attention again, to let you know we have heard you previously and we are working under that policy, but the implications of that policy are you don't get roadway lighting, except at intersections. So, we could -- if you're interested in having those discussions with ACHD or talk about maybe forming LIDs or CIDs or maybe collecting impacting fees, instead of having developers put in lights, we put it in a pot and do it corridor by corridor, mile by mile or other options. So, that's, essentially, why I wanted to bring up lighting. We aren't currently proposing to apply for lighting with these three roadway -- these three projects at ACHD, but I did want to disclose to you that we are applying for roadway lighting with these three Meridian City Council December 10, 2013 Page 32 of 47 projects and with that, Madam Mayor, I think that's everything -- All Things Transportation and if you want to talk about these projects anymore, again, myself or Austin or Steve are here, so -- De Weerd: Council? I think Caleb did ask a question regarding lighting and I think, Caleb, it's definitely a discussion that we need to have with Ada County Highway District. This Council has been setting aside money every year for safety lighting and there is no doubt that -- that that safety lighting is intended to make an area safer by -- by lighting it. What -- what the standard should be -- I know we have -- we have asked the question on the standard that is being applied now, is it too much -- I don't think anyone has said that it's not appropriate, so -- but it is a discussion that needs to be had with Ada County Highway District, but before we do that we probably need to have the discussion on how much is -- keeps an area safe. Rountree: I agree, Madam Mayor, it's something we need to discuss. I'm not sure that the standard that we have is necessarily appropriate and I very much agree with Caleb's point about the park. You know, if we are going to have a standard, we need to step up. De Weerd: We need to do it. Rountree: And if we don't, then, we shouldn't expect anybody else to. De Weerd: Absolutely. Rountree: So -- De Weerd: Okay. Rountree: I think it's a subject we need to pay particular attention to and it's interesting to drive around town and see how it is handled on these major corridors. De Weerd: Well -- and where you see lighting -- Rountree: Yes. De Weerd: -- how much a difference it really makes. It's -- it's important. Mr. Bird. Bird: I was going to say, basically, what Councilman Rountree did, but I think lighting is very very important on any of our sidewalk where we want people to walk and stuff and I don't know why we have set one standard for ourselves and another one for the developers, so that's something we got to take a long hard look at and make sure that we get on base with it, but I agree with you, we -- we need to make sure that the walkways are safe. De Weerd: Thank you. Meridian City Council December 10, 2013 Page 33 of 47 Hoaglun: And Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just to say that -- you know, next month you will have three new Council Members who probably need to be brought up to speed on this and they might have some insight on what they would like to do, so something to keep moving forward. Hood: Madam Mayor, if I can just repeat back a little bit and maybe start even backwards with Council Hoaglun's last comments. So, again, we are going apply and ACHD will say, yep, that sounds great, we want to partner with you and your response, well, for designing and installing those elements. If at that time that that new Council doesn't want to sign that agreement, we are not -- we are not committing anything today to doing anything. It's when we bring that cost share permit back and we sign it and say, yep, we agree to your terms, ACHD, then, we are committing to designing, installing whatever elements we agree to do there. So, point well taken. We will have that discussion kind of a little bit broader terms. I was talking with Warren -- and I'm sorry I didn't do it previously -- he is working on or he and the staff are working on -- and I imagine Austin played some role in that the current standard -- the spacing standard, really, I think is the -- is some of the issues and he will be bringing that back to you later this fiscal year. So, that is something that -- that is known and we will discuss what is appropriate. Madam Mayor, just to repeat a little bit, it's been some time since we had a joint meeting with ACHD. Is that -- do you think -- is that something I should work with, you know, Peggy or C.J. on getting -- and Bruce and staff to get a joint meeting set up? Is that -- this level you would like to have that discussion or -- okay. So, I will work with -- with ACHD to have -- it's been awhile and there maybe some other topics, too, we can work into something once we can finally get that calendared. And, then, I think I would be remiss to -- just kind of on -- if I didn't mention the appreciation we do have for that safety lighting that was mentioned, the 50,000 dollars annually that is set aside that -- where we can retrofit some areas. But it just doesn't go very far. I mean we are appreciative of it, but it just doesn't -- wouldn't be able to do this with that, so -- and, then, in that permit we will ask to -- to come alongside ACHD in lighting Settlers Park, so I don't know if that's something that Austin could do that lighting and design plan or have to consult that out or not, but we will at least put ACHD on notice that we would like to have lighting included with -- with the intersection project, so -- am I missing anything there? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That safety lighting really really works, Caleb. I happen to live on 8th Street where we have -- where we just put it in thanks to -- I think Mayor pushed on that pretty hard, along with me, but it -- it has been a real blessing, especially now for these kids that have to walk to school along there to have some lighting and have nice -- and, of Meridian City Council December 10, 2013 Page 34 of 47 course, the sidewalks come at the same time, which -- and if that -- if that's the standard distance between light it works perfect, Warren. I don't know what they are, but it lights that whole two block area up just beautiful. Those kids don't walk in the dark anyplace and I certainly appreciate it. Stewart: Madam Mayor, Members of the Council. De Weerd: Warren. Stewart: I do want to just kind of maybe chime in a little bit on what Caleb said. There is -- there is kind of two separate issues and he touched on the fact that, you know, we are in the process of developing a design standards manual for the city that not only covers lighting, because, obviously, there is an existing design standards manual, but 1we are going to cover, essentially, the full gamut of things that we have in the Public Works Department. That's going to take some time. As a part of that we are going to reevaluate the lighting standards that we currently have and we are also going to go out and do a -- you know, essentially a public comment and public involvement effort to try and get comments and feedback on that entire policy including the new -- or a possible revised lighting standard. But there is also kind of a separate issue here and that is the funding, because we can develop the standard and we can develop it and maybe it changes and maybe it doesn't, but in any case we still have an issue here with how are we going to fund projects like this. We either got to -- we have got to find some sort of a solution with ACHD or another alternative. I think one of the things that Caleb and I had talked about a few weeks ago is, basically, do you or would you like us to do some research on some alternatives and come back to you with some alternatives for funding these projects to give you an opportunity to look at those different things and determine if any of them have merit and that you would like to move forward with and I think that's one of the things that as Public Works we are interested in if you -- if you're supportive of that in essentially coming back to you with some alternative options. Maybe that's not now, maybe that's down the road, but, anyway, I just want to kind of get your feedback on that if -- if it's appropriate. De Weerd: Any comments from Council? Rountree: I'm okay with that. I mean we got to figure out how to pay for it. De Weerd: We thought you had the magic answer for that one, Warren. Zaremba: And, Madam Mayor, I would just -- De Weerd: Mr. Zaremba. Zaremba: -- I would add while -- while you're going through that and consider some of the more modern lighting technology, the things that use low electricity that may cost a little bit more to install in the first place, but take a stab at figuring out lifetime costs of some of those things and I think we should consider new kinds of lighting as well. Meridian City Council December 10, 2013 Page 35 of 47 Stewart: Madam Mayor, Councilman Zaremba, I appreciate that very much and Austin just finished a best case analysis on LED lighting. We had originally not allowed LED lighting as apart of our -- our lighting standard simple because at the time that was an emerging technology and the lifecycle costs didn't pan out. But since it's, you know, being developed more and more you -- like most of those things, the cost of those fixtures is going down and their life and their reliability is going up. So, I think that that's likely to occur in the next revision of the lighting standards. Zaremba: Thank you. De Weerd: Okay. Any other comment, Council? Bird: I have none. G. Public Works Department: 2013 Mutual Cooperation Agreement Between the City of Meridian and United Water Inc. De Weerd: Okay. Thank you, Caleb. Thank you, Warren. Item 6-G is under the Public Works Department. Stewart: Madam Mayor, Members of the Council, back in the early 2000 era the United Water Idaho submitted a reasonably anticipated future needs application or what they referred to as an I -Map to the Department of Water Resources to, essentially, acquire or set aside water needs for themselves looking at a 50 year design horizon. At that time the City of Meridian protested that application. There was an interim agreement that was developed between the City of Meridian and United Water Idaho that would, essentially, remove us as a protestant from that I -Map proceeding, but before that was all solidified and done, the department essentially put all of the applications on hold until after the SRBA process was done. That's the Snake River Basin Adjudication. Now that that Snake River basin adjudication is completed United Water has revised and refilled their essentially reasonably anticipated or I -Map request with the adjustments that the SRBA required. So, it was necessary for us to revisit the agreement that we had with United Water and insure that we had an agreement that was going to protect the City of Meridian's interest, because, honestly, the reasonably anticipated future needs application that's available to municipalities is something that the City of Meridian as the Public Works Department, that we are also interested in doing at some point in the future. We would like to see how successful or not United Water's application is before we make -- or take that step, but we are interested in coming up with some sort of an agreement with them and we have been working over the past 18 months with our attorney and theirs, as well as meeting with their management, as well as our management to, essentially, hammer out some sort of agreement that protects the city's water right interests and allows us to remove ourselves as a protestant to their -- essentially their proceeding to an intervener, which would still give us the opportunity to make comment and so forth and be involved in the process, but not necessarily as a protestant in that. We believe we have come up with a very good agreement with Meridian City Council December 10, 2013 Page 36 of 47 United Water, one that protects the city's interest and, essentially, that's what is before you at this time. So, I will stand for any questions that you may have on that. De Weerd: Thank you. Is there any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Warren, this does protect our area still, doesn't it? I mean I -- we are just talking about water rights, not water area. Stewart: That's correct. Essentially what this agreement does -- well, there is several things it does. But one of the things that this does is it says if United Water drills a well within a mile of the -- or within a mile of our impact area -- Bird: Impact area. Yeah. Stewart: -- they have to notify us, one, and, essentially, they have to demonstrate that they are not going to impact our -- any of our wells. Bird: Our wells. Stewart: Yes. Bird: And we still have -- if we feel that it is not right -- that we are not being told right we still can protest; right? Or does this thing take -- take us away from doing that? Stewart: Madam Mayor, Members of the Council, Councilman Bird, no, you still have the right to protest. Bird: That's what I thought. Stewart: If you believe that it's going to have an impact. Bird: Okay. Thank you, Warren. De Weerd: Okay. Anything else? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just the point that you made a few minutes ago about if they want to drill a well within a mile of our impact area -- if we have an objection to that is that based on our future need to maybe drill a well in that area or is that only based on our existing Meridian City Council December 10, 2013 Page 37 of 47 wells if we -- if we want to tell them, no, that's too close to a planned well, can we do that? Stewart: Madam Mayor, Members of the Council, Councilman Zaremba, I don't know that it actually addresses a future well. It would certainly address all of our existing wells. The fortunate thing that we have going on here is most of the area between the borders of United Water and the City of Meridian is fairly well developed and I don't see that there is going to be a lot of that happening. I would have to go back and look at the details of the agreement. I apologize, Kyle could probably answer that off the top of his head. I failed to mention that he has been probably the most integral person involved here and I appreciate his work and his effort in this regard, but I don't know that it addresses -- it certainly allows us, like I said, the opportunity to -- to have that conversation that required to let us ahead of time. We are given the opportunity to, essentially, get involved in that process before they even submit their application to the Department of Water Resources. That's part of -- part of the agreement. So, we would have the opportunity to have those conversations with them and work -- work on, you know, solutions before we have to even get involved as a protestant. I don't know if that answers your question entirely, but -- Zaremba: Pretty much. De Weerd: Okay. Anything further. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What happens if we don't do this agreement? Stewart: If we do not do this agreement it's really not clear. Our attorneys have advised us that they believe that the existing agreement that we have with United Water that was -- that was done prior to the -- essentially United Water putting this on the shelf, may still be enforceable and requirements and things that are in that agreement are there to protect us might still be enforceable. However, there is question on that. I know that the attorneys for United Water feel that it might not be enforceable, simple because some of the terms of -- that were the basis, essentially, for that agreement no longer exist. So, without going to a court of law to determine whether or not those things are enforceable or not, it may be difficult to say if that old agreement is enforceable. We could still file a protest -- or become a protestant in the proceeding and protest it from that perspective and try and oppose it, but we would certainly -- I would say it's likely that they would return the favor if we ever tried to file a reasonably anticipated future needs application ourself. H. Legal Department: Request to set Hearing on an Appeal of an Impact Fee Administrator's Decision on an Impact Fee Individual Assessment Request Meridian City Council December 10, 2013 Page 38 of 47 De Weerd: Anything further? Okay. Thank you. Okay. Mr. Nary Nary: Thank you, Madam Mayor, Members of the Council. The next item is just to request to set a hearing on appeal. You will see in your packet there is a -- has been objection to a fee that was determined -- or a fee determination for impact fees. The applicant has requested a hearing appeal that is pursuant to our city code -- would come before you. He's requested the appeal be heard next week. That satisfies any noticing requirements, because it doesn't have to be noticed in the newspaper. So, it's up to you. You can set it to a different date if you wish, but he's requested that. All we need tonight is an action -- is simply a motion to set the date of when you would like the hearing held and, then, we will move forward with that. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Mr. Nary, good question. You're looking ahead on December 17th, we have an action item. It's a consolidated public hearing on the update to the development impact fee capital improvement plan and emergency impact fee ordinance and we will hear this report and whatnot, but, yet, actually, the Council won't take place, if we decide to do something, until January. It can actually be taken on that. I'm just -- I'm just seeing where -- where this comes in -- we could hear it, but we may not necessarily take action on the 17th; is that correct? Nary: Madam Mayor, Members of the Council, the new -- the potential changes to the ordinance would take place in the future. This is based on the current ordinance. So, there is no conflict. But I just got back today, informed that we had a noticing issue on that, so I think we are going to be moving that past the 17th into January, so you won't hear it on the 17th anyway. Hoaglun: So, the consolidated public hearing, Madam Mayor, would be moved to -- into January. We would hear this. That is on the future and -- okay. That makes sense. Understand. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have anymore discussion, I will make a motion that we set this hearing on the appeal of the impact fee administrator's decision to December 17th, 2013. Hoaglun: Second. De Weerd: I have a motion and a second to put this over onto our agenda next week. All those in favor say aye. All ayes. Meridian City Council December 10, 2013 Page 39 of 47 MOTION CARRIED: ALL AYES. Human Resources and Legal: Social Media Policy and Social Media Procedure De Weerd: Okay. Thank you. 6-1 is under our Human Resources and Legal regarding their social media policies. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Thank you. Madam Mayor, one housekeeping thing. There was an agreement there with United Water that was part of Item G and, Warren, I didn't know if that's something that needed to be approved today and so if you want to take that back up or is that something -- I don't know the timing or whether a week would matter, but if you wanted it approved today we need to just take that back up. Stewart: Madam Mayor, Members of the Councilman -- Council. Excuse me. We were hoping that it would -- the approval for that, so that it would happen today, so that the Mayor could sign it. Certainly if there was a need for further information, then, we could respond to that, but it's up to you. Rountree: Madam Mayor, if that's what we are going to do I just want a response from Bill that it's been thoroughly vetted and we are better off today if we approve it than we are currently with our existing agreement and we aren't creating yet another vehicle that we can get more litigation from. Nary: Madam Mayor, Members of the Council, Council Member Rountree -- De Weerd: I can't wait to hear this answer. Nary: You know, there are lawyers for a reason. Rountree: What are those? Nary: We actually had outside Council -- a water rights attorney actually helped in the crafting of that. We also reviewed it. It is -- it is exactly as Warren explained. We had an interim agreement. This essentially replaces that. It is, probably a much safer document to move forward with than relying on the interim agreement when the circumstances have changed. So, I don't see any conflict or concern from the city's perspective. Rountree: Thank you, Bill. Madam Mayor? Meridian City Council December 10, 2013 Page 40 of 47 De Weerd: Mr. Rountree. Rountree: I would, then, move that we approve the cooperative agreement between the city and United Water and authorize the Mayor to sign and the clerk to attest. Bird: Second. De Weerd: I have a motion and a second. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I told Patty I would start off on this policy. This policy we worked on for awhile at the director level. This is a policy in your packet that you will see -- it's actually two. There is a policy and, then, there is a procedure and the purpose of it is to address social media and how that is handled in the city on -- at sites that are set up for the city's use or the city's purpose, so we have consistencies and also matches what the law is -- the law is involved greatly in this area, but I wanted to make sure we were consistent. So, the policy basically says if you're going to set up a city page of some sort, whether it's a blog, whether it's a website, whether it's a Facebook page, there is a process to follow to do that. It goes through the Mayor's office, through our communications manager, make sure the content is consistent, make sure the look is consistent. Other than that I mean you have a private page and you tie that to the city, we have the right to tell you you need to take the city off of that. We are not going to have -- if something -- people certainly can do their own thing privately, whether it's a blog or a Facebook or whatever, but if it brings it back into the city, they use their position of the city, then, we have the right to tell them to take that down and they are subject to discipline if they don't -- to remove at least the city's references out of. The procedure is just clearly that, it's just a process to go through on setting that up when it's needed. We felt in looking at the way the law has been progressing in this area, courts look very strongly at your operational policy of how that is implemented and how that's enforced in determining whether or not it's a free speech issue, whether or not it's something that you can discipline an employee over if it's related to work. So, we have spent a long time working on this, Emily and Andrea from my staff have spent a lot of time researching this area of the law and we have put -- we have vetted through the directors -- in fact, some thought we had already passed it. But we are just now at the stage that you folks can review it. Again, if it goes into place, then, HR is the entity that enforces policy or at least interprets the policy for the various departments, but it's ready to move forward. If you're comfortable with it we can bring it back with a resolution. If you'd like a little time to digest it, it's a little long, Meridian City Council December 10, 2013 Page 41 of 47 I'd say it's five -- five or six pages. We could bring it back at any point in time you wish, so -- De Weerd: Any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, this is a pretty new area I think for just about everybody. Is this policy derived from a policy that exists someplace else or is this all something new or -- I guess I'm just looking are we consistent with what the universe of folks are doing with social media? Nary: Madam Mayor, Members of the Council, Council Member Rountree, lawyers rarely invent anything anymore. It's somebody else to some degree. But, yes, through the research what we have tried to do is call out what's the best that we could find, again, that isn't involving area, but we think we have really got the best of what exists out there in relation to what the court cases say. So, it's -- as it is in most cases, it should be fairly intuitive to most people, but it isn't. If you want to set up a city -- city website or a city blog or a city safe social media page, you probably need the city's permission to do it. So, we wanted to make it clear that you need the city's permission to do this and everything has to go through the city. So, yeah, this is from the research that was done by our folks. We think this is kind of the best that will exist today. Rountree: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just add that it -- there is some history at least building up in businesses that they have established the right to say if -- if you're using social media on our paid time, using our bought equipment, we can give you a policy about that that excludes personal stuff and I don't see any reason why that legally shouldn't be able to translate into a government entity as well. Those things are true of us and I would add the part that in our case they should be warned that anything they do is public record as well. Bird: And I think that is -- excuse me. Madam Mayor? De Weerd: Mr. Bird. Bird: And I think already is an accepted practice that if you -- if you're on a city computer or whatever and transmit something, that it is public record, so -- Meridian City Council December 10, 2013 Page 42 of 47 Nary: Madam Mayor, Members of the Council, that's actually in two different policies. Bird: Yeah. Nary: It relates to folks use of the internet, as well as e-mail and our public records policy. So, Mr. Bird is correct, I mean we certainly tried to make it as clear as we can. Does everybody remember it every day? No, I have read a lot of e-mails that I wish they hadn't written, so certainly not everybody remembers that that box is yours, but it happens. De Weerd: Anything further from Council? Bird: I have none. Rountree: Question about site administration. I know we have the communications manager and that that's accommodated through an approval process and information exchange, but are we looking to see that -- say if Mark decides he wants to set up a Facebook for the Fire Department that he assign somebody in the fire department to administer that and does the administration of the site have some kind of an oversight, because just because they start out going down the right path, can it go askew without some oversight, some input from say the communications manager or the Mayor's office or -- who is going to monitor this once it's approved? De Weerd: Certainly the departments need to monitor their own pages, but the communications manager will have some oversight to see that it's updated and will be responsive those departments. It's impossible for one person to be on the lookout for everything each of the departments do, but we will want to make sure that whoever is assigned in each of the departments that have a page, when that person is gone someone is, then, assigned to keep an eye out on it. Otherwise, those questions do go unanswered and it -- as Chief Lavey might tell you, that we found out on -- on the police department site how an unmonitored site can kind of go astray. So, I think she can also answer any questions next month when she has her communications plan presented to you and some of these questions will be appropriate at that point to ask, if she doesn't already cover it. Rountree: I notice in paragraph G here that it pretty well also outlines itself. Thank you De Weerd: Uh-huh. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question for Bill or Patty. The terms of use statement that's the very last page, it looks like that's posted somewhere on the particular social media site. Is that something they have to open, too? Is that on the front page somewhere? I mean it's a Meridian City Council December 10, 2013 Page 43 of 47 very lengthy statement, covers a lot of ground. But I was just kind of curious as to where that shows up. Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, that one I don't know the specifics as that's going to be like a box you have to click, you know, like the terms of use, like we have for our webpage. I would anticipate it would be something like that. You know, we all know -- we click those every day. We don't read them all the time, but they do exist. That would be my guess. Part of the reason we felt also this was important is because as a public entity a little bit of rules are slightly different for us than it would be for a private entity, so we wanted to make sure the employees knew that if you're going to be on of the monitors of these sites that, again, we can't take down every disparaging comment, we can't take down everything that people don't like and only keep in the things we like and so I wanted to make sure they understood what the law requires, but I don't -- I'm sorry, I don't know the specifics if that's going to be basically a way to register to, then, put your -- to be able to post comments or you can -- you know, I don't know if the intent was to use -- like how it states in there that now where you can use a Facebook log in and do it that way, so you're identifiable -- I'm sorry, I don't know the specific of that, but that is the intent is to make sure people understand what can be posted and what we could take down. Hoaglun: And, Madam Mayor, Bill, I guess my -- the end result is it's defensible, we have got terms, and if someone violates it they can't claim, well, I didn't know, I didn't see that, then we are still covered. Nary: Yes, sir. Hoaglun: Okay. Thank you. De Weerd: Okay. Anything else on this item? And I guess in terms of when to bring it back -- Nary: Would you like it back next week, Council? Do you want a couple of weeks? We can bring it back the first meeting in January with a resolution. Whatever you're most comfortable with. If you want a little more time to read it, that's up to you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't know about the rest of the Councilmen, but I would have no problem bringing it back. I have had the opportunity over the weekend to read through this and -- and as Bill stated, this was, basically, put together with the help of the directors, as I understood, so I -- I don't see any problems, unless one of the other councilmen do, I -- I have no problem bringing it back in a resolution next week. Zaremba: That works for me. I don't see anything that needs to be once over. Meridian City Council December 10, 2013 Page 44 of 47 Rountree: Next week. De Weerd: Okay. Nary: We will do that. Thank you. Item 7: Future Meeting Topics De Weerd: Okay. Council, any items to consider under Future Meeting Topics? Bird: I have none. Rountree: I have none. Item 8: Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation added (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general De Weerd: If not I will move to Item 8 under Executive Session. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: As part of that would Council also include letter (a) for discussion items. Bird: Yes. Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(a), (1)(c) and (1)(f.) Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council December 10, 2013 Page 45 of 47 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. (EXECUTIVE SESSION: 5:18 p.m. to 6:26 p.m.) De Weerd: Do I have a motion to come out of Executive Session? Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Added to the Agenda: Settlement and Mutual Release Agreement between City of Meridian, Bittercreek Meadows Subdivision HOA and JLJ Enterprises Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We would like to amend tonight's agenda to add onto this a settlement and mutual release agreement that was brought forth by outside counsel tonight and this agreement is between the City of Meridian, Bittercreek Meadows Subdivision Homeowners Association and include JLJ Enterprises. So, I would move that we add this settlement and mutual release agreement to tonight's agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to add this item for the agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we authorize the Mayor to sign and the Clerk to attest to this settlement and mutual release agreement and send it to the parties as indicated. Rountree: Second. Meridian City Council December 10, 2013 Page 46 of 47 De Weerd: I have a motion and a second to approve this agreement. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a question about the order of signatures. Do we want them to sign it first or -- Bird: Yes. They have. Zaremba: -- have they already? Nary: Madam -- excuse me. Madam Mayor, Members of the Council, Council Member Zaremba, all the different parties are signing it separately from one another, so one party has already signed today. We are the defendant, not the plaintiff, so the plaintiff gets it last, but it won't be finalized in the document until every single party has signed it. Zaremba: Okay. Thank you. De Weerd: Okay. Madam Clerk, will you please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Council, we are at the end of our agenda, I would entertain a motion to adjourn. Rountree: I move we adjourn. Bird: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. Motion carries. MOTION CARRIES: ALL AYES. MEETING ADJOURNED AT 6:28 P.M. Meridian City Council December 10, 2013 Page 47 of 47 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) -7 DATE APPROVED Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: MINUTES Approve Minutes of November 12, 2013 City Council Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 46 PROJECT NUMBER: ITEM TITLE: MINUTES Approve Minutes of November 19, 2013 City Council PreCouncil Meeting MEETING NOTES Ito Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 4C PROJECT NUMBER: ITEM TITLE: MINUTES Approve Minutes of November 19, 2013 City Council Meeting MEETING NOTES 9 A r,' ! R 01110 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 4D PROJECT NUMBER: ITEM TITLE: MINUTES Approve Minutes of November 26, 2013 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 4E PROJECT NUMBER: FP 13-041 ITEM TITLE: IRVINE Final Order for Approval: FP 13-041 Irvine by Northside Management Located Near the Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Consisting of 68 Single-family Residential Building Lots and 4 Common Lots on Approximately 15.48 Acres in an R-8 Zoning District. MEETING NOTES ". Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: EASEMENT TRADEWINDS SUBDIVISION Pressure Irrigation Easement with Nampa Meridian Irrigation District for Tradewinds Subdivision MEETING NOTES + + } P W 1r. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EN DIAN*.,-.-...---v � IDAHO Public roo Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Worthington Staff Engineer II DATE: November 7, 2013 Mayor Tammy de Weerd City Council Member$l Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: PRESSURE IRRIGATION EASEMENT WITH NAMPA MERDIAN IRRIGATION DISTRICT I. RECOMMENDED ACTION A. Move to: 1. Approve the Pressure Irrigation Easement with Nampa Meridian Irrigation District. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer (Project Manager) ............................................489-0349 Kyle Radek, Assistant City Engineer.......................................................................489-0343 Warren Stewart, Engineering Manager....................................................................489-0350 III. DESCRIPTION A. Background 1. Tradewinds Subdivision is directly north of the Ground Reservoir #2 site sharing the northern property line. The subdivision and the ground reservoir project are currently both under construction. The pressure irrigation main that is to serve the tradewinds project is owned by Nampa Meridian Irrigation District and stubs into the ground reservoir site at the northeast corner. In order for the pressure irrigation to reach the subdivision, it will have to be extended through the northeast corner of the ground reservoir site. An easement will need to be granted to Nampa Meridian Irrigation District to allow access for maintenance and/or repairs of the pressure irrigation main. Page 1 of 2 A 2. The proposed easement will allow Nampa Meridian Irrigation District to access their pressure irrigation main for maintenance or repairs after construction is completed. IV. IMPACT A. Fiscal Impact: No costs associated with granting NMID the easement. V. LIST OF ATTACHMENTS A. Pressure Irrigation Main Easement B. Easement Legal Description — Exhibit A C. Easement Map — Exhibit B r Approved for Council Agenda: Page 2 of 2 ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 BOISE IDAHO 12/12/13 12:25 PM DEPUTY Vicky Bailey RECORDED —REQUEST OF 11313727 Meridian City EASEMENT THIS EASEMENT, given in connection with and pursuant to a Construction Contract for Urban Irrigation System in Tradewinds Subdivision Phase 1, recorded on September 27, 2013 in the records of Ada County, Idaho as instrument number 113109500, re-recorded on the 5`'' day of September, 2013 in the records of Ada County, Idaho as instrument number 113122500 and a proposed Addendum to Construction Contract for Urban Irrigation System in Tradewinds Subdivision Phase 1 to include Tradewinds Subdivision Phase 2, between the developer, SDN, LLC, an Idaho limited liability company, and Nampa & Meridian Irrigation District, (hereafter referred to as the "Contracts"), said proposed Contracts are anticipated to provide that Nampa & Meridian Irrigation District (hereafter referred to as the "District") will assume the ownership, operation, maintenance and repair of a pressurized urban irrigation system in Tradewinds Subdivision Phases 1 and 2, subject to certain conditions, once it is completed by SDN, LLC and accepted by the District, and is granted in anticipation of the execution of said Contracts and completion of the pressurized urban irrigation system. WHEREAS, the City of Meridian, Idaho, is the owner of certain real property described in Exhibit A attached hereto. WHEREAS, SDN, LLC, intends to construct and install the pressurized urban irrigation system mainline to serve Tradewinds Subdivision Phases 1 and 2. Such construction will occur, in part, in the property owned by the City of Meridian as more particularly described in Exhibit B. EASEMENT - PAGE 1 WHEREAS, the District is an irrigation district organized under the laws of the state of Idaho, and may assume the ownership, operation, maintenance and repair of the pressurized urban irrigation system in Tradewinds Subdivision Phases 1 and 2 pursuant to the proposed Contracts and under the terms of Idaho Code Section 43-330A and Idaho Code Section 43-331 after the pressurized urban irrigation system in completed, accepted and transferred to the District. WHEREAS, SDN, LLC desires an easement for construction and installation of the pressurized irrigation mainline in the property described in Exhibit B. Nampa & Meridian Irrigation District desires an easement for the purpose of ingress and egress to operate, maintain and repair the pressurized urban irrigation pipeline when completed, approved and transferred to the District in the property described in Exhibit B. NOW THEREFORE, the City of Meridian hereby grants a construction easement to SDN, LLC for construction of the pressurized irrigation mainline in the property described in Exhibit B and an easement to the District at the time the pressurized urban irrigation pipeline in completed, approved and transferred to the District for the operation, maintenance and repair of the pressurized urban irrigation pipeline in the property described in Exhibit B. This easement is granted for the purpose of ingress and egress to such property and for installation, operation, maintenance and repair of the pressurized urban irrigation pipeline. This easement shall continue so long as it may be necessary and required by SDN, LLC to construct the pressurized urban irrigation mainline and so long as the required by the District to operate, maintain and repair the pressurized urban irrigation system to serve Tradewinds Subdivision Phases 1 and 2. This Easement is binding on the parties heirs, successor and assigns. EASEMENT - PAGE 2 IN WITNESS WHEREOF, the City of Meridian, has executed this Easement this X day of - N , r., , 201.x'. CITY OF MERIDIAN Approved by City Counsel 7� STATE OF IDAHO COUNTY OF ADA j ss: On this —J-U_day of -Decemjg,,, 201a, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, 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 in this certificate first above written. EASEMENT - PAGE 3 ary t 4 iblic' �rIdaho .1 iding at: I ID Idaho commission I ir My commission expire�s:;_' /—%\ r kf o �w .srrisr"M':aaslAs i ,anxsa ,ssv W Gstro moron N O O a € l9'diiS M.?l,flAS �� 3 B! t!A N •�� M ddflA S R eoesa " .wza W a 14 ww �^ �, ' � c".r"" .o[•tu � ..,ri. ' �,, , .artist � � srre,r �- ,� Q R 3, 6oilAN abene�osnss myYAosro JMOW e � a it a Nil \s &� iea � 8$pp $$ , WY $ 3 �i WN � y�°\s• y�$ p � �° 1 3 3 F y♦ Yf{ g$ h = 11 �6` � � �� x'6666664 &,�'� �Sa 1 G - g8 @ d INx k,ts , C ►Tg�iiNM 9233 WEST STATE STREET I BOISE, ID 83714 ( 208.639.6939 1 FAX 208.639.6930 November 6, 2013 Tradewinds Subdivision Phase 1 Project No. 12-072 Legal Description Pressure Irrigation Easement EXHIBIT B Parcel of land for a Pressure Irrigation Easement situated in a portion of the Northwest 1/4 of the Northwest 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a 5/8 -Inch rebar marking the Northwest corner of said Section 29, which bears N00'14'18"E a distance of 2,645.69 feet from a 5/8 -inch rebar marking the West 1/4 corner of said Section 29; Thence following the westerly line of said Northwest 1/4, S00°14'18"W a distance of 791.79 feet to a point; Thence leaving said westerly line and following the proposed southerly line of Tradewinds Subdivision Phase 1, S89*34'31"E a distance of 585.46 feet to the POINT OF BEGINNING. Thence following said proposed southerly line, S89034'31"E a distance of 12.96 feet to a point; Thence leaving said proposed southerly line, S17"37'32"W a distance of 14.10 feet to a point; Thence N71°20'13"W a distance of 3.84 feet to a point; Thence N45000'00"W a distance of 7.16 feet to a point; Thence N00°00'00"E a distance of 7.24 feet to the POINT OF BEGINNING. Said parcel contains a total of 125 square feet more or less and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. ENGINEERS I SURVEYORS I PLANNERS I• /,-*N 0 3 a z 0 3 0 z ENGINEERS. SURVEYORS PLANNERS N 9233 WEST STATE STREET r; BOISE, IDAHO 83714 .v PHONE(208)639-6939 G FAX(208)639.6930 r m x DATE: 11-6.2013 PROTECT: 12-072 u 9 SHEET: 1 OF I NW CORNER SECTION 29 I I I I W Z � 0 A. c; m I n PROPOSED TRADEWINDS 3p 001 SUBDIVISION PHASE 'Ail S89'34'31 "E 585.46' I 1 CITY OF MERIDIAN 51129223550 I01M to I I ECTIONC29 NER P.O.B. vv r 7.24' N4600'00"W_, 7.16' N71'20'13"W 3.84' 30 15 0 30 UNPLATTED S89'34'31 "E 12.96' PRESSURE IRRIGATION EASEMENT S17'37'32"W--_„- 14.10' TUSCANY LAKES SUBDIVISION No.2 EXHIBIT B TRADEWINDS SUBDIVISION PHASE 1 PRESSURE IRRIGATION EASEMENT NW 1/4 OF NW 1/4 OF SECTION 29, T3N, RIE, BM, CITY OF MERIDIAN 11 \ Title: Pressure Irrigation Easement Date: 11-06-2013 Scale: 1 inch= 10 feet I File: Tract 1: 0.003 Acres: 125 Sq Feet: Closure= n77.0448e O.01 Feet: Precision =1/4115: Perimeter= 45 Feet 001=s89.343le 12.96 003=n71.2013w 3.84 005=nOO.0000e 7.24 002=s i 7.3732w 14.10 004=n45.0000w 7.16 Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 4G PROJECT NUMBER: ITEM TITLE: WWTP ADMINISTRATION AND LAB BUILDINGS Award of Bid and Agreement for VWTP Administration and Lab Buildings - Construction", Bid Package 3 Landscaping and Irrigation, to Total Maintenance Solutions for a Not -To -Exceed Amount of $62,200.00 MEETING NOTES rVI Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS /� Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: David Allison, Jacy Jones Date: 12/5/13 Re: December 11 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 11'" City Council Consent Agenda. Approval of Award of Bid and Agreement for VWTP Administration and Lab Buildings - Construction", Bid Package 3, Landscaping & Irrigation, to Total Maintenance Solutions for a Not -To -Exceed amount of $62,200.00. This award is the result of the Formal IFB issued September 23, 2013 and opened October 17'd. Three bids were received for this bid package. Recommended Council Action: Approval of Award of Bid and the corresponding Agreement to Total Maintenance Solutions for a Not -To -Exceed amount of $62,200.00. Thank you for your consideration. 0 Page 1 /,—\ ® TM -- Document A132 -2009 Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition AGREEMENT made as of the 1st day of November in the year 2013 (In vvords, indicate daj; month andyear.) BETWEEN the Owner: (Name, legal status, address and other information) City of Meridian 33 E. Broadway Meridian, ID 83642 and the Contractor: (Name, legal status, address and other information) Total Maintenance Solutions 507 E. 4514 Street Garden City, ID 83714 for the following Project: (Name, location and detailed descilption) City of Meridian Waste Water Treatment Plant Improvements 3401 N. Ten Mile Road Meridian, ID 83642 The Construction Manager: (Name, legal status, address and other information) Beniton Construction Co., Inc. P.O. Box 838 Meridian, ID 83680 The Architect: (Name, legal status, address and other it formation) SPF Water Engineering LLC 300 E. Mallard Drive, Suite 350 Boise, ID 83706 For the purposes of this Agreement, the term Engineer and Architect may be used interchangeably. SPF Water Engineering, LLC is the prime consultant upon execution of the Prime Agreement with the City of Meridian. For the purposes of this Agreement only, the use of the term Architect shall refer to SPF Water Engineering, LLC as the firm will bear all rights and responsibilities to perform the services provided herein per the terms and conditions of the Prime Agreement. Johnson Architects, PC is the Architect of Record for the project upon execution of Consultant Agreement with SPF Water Engineering, LLC. The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A23271"-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; B132Tm-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132TI-'-2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232Tm-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A132111— 2009 formerly A101 TuCMa —1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 08:54:30 on 11/05/2013 under Order No.1005957857_1 which expires on 01/14/2014, and is not for resale. User Notes: (2004121927) TABLE OF ARTICLES THE CONTRACT DOCUMENTS THE WORK OF THIS CONTRACT DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM PAYMENTS DISPUTE RESOLUTION TERMINATION OR SUSPENSION MISCELLANEOUS PROVISIONS ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Package #3 — Provide all labor, materials, tools and equipment necessary to complete the Landscape and Irrigation in accordance with Project Plans, Specifications, Addendum No. 1, Addendum No. 2, Addendum No. 3 and the Bid Form for BP #3. Note: All required forms, information and insurances must be completed and submitted to Beniton Construction before commencement of any work including but not limited to the Request for Contract Information, MSDS, safety program, a list of suppliers and subcontractors, and any additional forms as requested in the specifications. Provide submittals electronically if available, or one (1) clean copy (able to scan); some exceptions may apply. Samples and color charts must be provided separately. Contractor shall provide (2) full size copies of approved shop drawings to Beniton. Contractor is responsible to pay all applicable taxes, which are included in the contract price. Contractor is required to provide three (3) hard copies and one (1) electronic copy of closeout information (O&M Manuals, Warranties, etc.) and one (1) complete set of Record Drawings, as requested prior to substantial completion. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreerrrent or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: AIA Document A132T1' — 2009 formerly A101 T" CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 08:54:30 on 11/05/2013 under Order No.1005957857_1 which expires on 01/14/2014, and is not for resale. User Notes: (2004121927) N/A 1*—\ § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated 144111 the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Per Exhibit "C" Portion of the Work Substantial Completion Date BP #3 — Landscape & Irrigation Lab Building - August 1, 2014 Admin Building — September 19, 2014 subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if an% for liquidated damages relating to faillrre to achieve Substantial Completion on tune or for bonus payments for early completion of the Work.) Per Supplementary Conditions ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box) [ X ] Stipulated Sum, in accordance with Section 4.2 below Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4. 2, 4.3 or 4.4 below Based on the selection above, also conplete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4,2.1 The Stipulated Sum shall be Sixty Two Thousand Two Hundred and No/100 Dollars ($ 62,200.00 ), subject to additions and deletions as provided in the Contract Documents. Breakdown is as follows: * New Administration Building & Operations Tenant Improvement - $44,000.00 * New Laboratory Building - $18,200.00 § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) N/A § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantic, limitations, if arty, to which the unit price 11411 be applicable.) AIA Document A132Im — 2009 formerly A101 T"'CMa —1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 08:54:30 on 11/05/2013 under Order No.1005957857 1 which expires on 01/14/2014, and is not for resale. User Notes: (2004121927) Item N/A Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exchrsions, if any, from the allowance price) Item N/A Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraph deleted) (Table deleted) (Paragraphs deleted) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than sixty ( 60 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum Is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent ( 5 In(t. AIA Document All 32- — 2009 formerly A101 TMCMa —1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this Al a Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 08:54:30 on 1110512013 under Order No.1005957857 1 which expires on 01/14/2014 and is not for resale. — User Notes: (2004121927) %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent ( 95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire JMork, to reduce or limit the retainage resulting front the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere ill the Contract Documents, insert here provisions for such redaction or' limitation) N/A § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section has been'deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5. 1.4) (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties nnrtually agree, insert the name, address and other contact information of the Initial Decision Maker; /0 -IN if other than the Architect) Init. AIA Document A132*" — 2009 formerly A101 TMCMa —1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 5 t under the law. This document was produced by AIA software at 08:54:30 on 11/05/2013 under Order No.1005957857_1 which expires on 01/14/2014, and Is not for resale. User Notes: (2004121927) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the C'hvner and Contractor do not select a method of binding dispute resolution belo% or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims W11 be resolved by litigation in a court of competent fin•isdiction) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specibq ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum Is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 7.1) (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Zero percent (0 %) § 8.3 The Owner's representative: (Name, address and other information) Beniton Construction Co., Inc. Bryce Parker P.O. Box 838 Meridian, ID 83680 § 8.4 The Contractor's representative: (Name, address and other information) Total Maintenance Solutions Jeb Stogdell 507 E. 451h Street Garden City, ID 83714 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. /01\ § 8.6 Other provisions: AIA Document A132T11 — 2009 Lformerly A101 TNCMa —1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights (flit. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this A10 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 08:54:30 on 11/05/2013 under Order No.1005957857_1 which expires on 01/14/2014, and is not for resale. User Notes: (2004121927) /'1N ( N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A] 32-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual, per attached Exhibit "A". (Table deleted) § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Per Exhibit "A" (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Per Exhibit "B" (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages Per Exhibit "A" Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 (Paragraphs deleted) Other documents, if any, listed below: (List here any additional documents which are intended to form part of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or imitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) * Exhibit "I" and Sample Certificate — Insurance Requirements * Request for Contract Information * WH -5 Form * Affidavit Concerning Taxes * Application for Payment and Schedule of Values ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009. (State bonding requirements, if arty, and limits of liability) for insurance required in Article 11 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount Insurance per attached Exhibit "I" Payment & Performance Bonds 100% of the Contract Amount (see Supplementary AIA Document All 32 T — 2009 formerly A101^"CMa —1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 08:54:30 on 11/05/2013 under Order No.1005957857_1 which expires on 01/14/2014, and is not for resale. User Notes: (2004121927) Instructions to Bidders for delivery requirement) This Agreement is entered into as of the day and year first written above. OWNER (Sigiaat COC (Signatur Q rrtI CSClJ �1 �. (Printe name and title) J (Printed name an le) J Inst AIA Document A1321 —2009 tformerly A1011CMa —1992). Copyright O 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserve WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of 8 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 08:54:30 on 11/05/2013 under Order No.1005957857_1 which expires on 01/14/2014, and is not for resale. User Notes: (2004171927) CITY OF MERIDIAN WASTEWATER TREATMENT PLANT ADMIN., LAB & CONTROL BUILDINGS PACKAGE n EXHIBIT "A" SPECIFICATIONS & ADDENDA Invitation to Bid 1 Notice to Bidders 4 AIA A701 Instructions to Bidders 6 Supplementary Instructions to Bidders 4 Bid Forms Table of Contents 1 Bid Forms 51 Project Schedule 4 AIA A132 Standard Form of Agreement Between Owner and Contractor 8 Supplement to Agreement 2 AIA A232 General Conditions of the Contract 43 Supplementary Conditions 5 Exhibit I — Insurance Requirements & Sample Certificate 2 Contractor's Affidavit Concerning Taxes 1 Public Works Contract Tax Report (WH -5) 2 DIVISION 1 - GENERAL REQUIREMENTS 011000 Summary of Work 1 012900 Price and Payment Procedures 4 013100 Project Management and Coordination 4 013300 Submittal Procedures 2 Submittal Form 1 014200 References 4 014500 Quality Control 4 015000 Temporary Facilities and Controls 9 016000 Product Requirements 2 FORM Substitution Request Form 1 017300 Execution 6 017320 Cutting and Patching 3 017700 Closeout Procedures 4 O&M Instruction Form 1 DIVISION 2 — EXISTING CONDITIONS 024116 Structure Demolition 8 024119 Selective Demolition 8 DIVISION 3 — CONCRETE 033000 Cast -In -Place Concrete 26 033510 Ground Concrete Finishing 3 DIVISION 4 — MASONRY 042000 Unit Masonry 8 042613 Masonry Veneer 14 Page 1 of 4 DIVISION 6 — METALS Thermal Insulation 051200 Structural Steel Framing 11 053100 Steel Decking 7 054000 Cold -Formed Metal Framing 12 054400 Cold -Formed Metal Trusses 6 055000 Metal Fabrications 13 055113 Metal Pan Stairs 9 055213 Pipe and Tube Railings 10 057313 Glazed Decorative Metal Railings 8 n DIVISION 6 — WOODS, PLASTICS, AND COMPOSITES 061053 Miscellaneous Rough Carpentry 8 061600 Sheathing 8 064116 Plastic -Laminate -Faced Architectural Cabinets 7 DIVISION 7 — THERMAL AND MOISTURE PROTECTION 072100 Thermal Insulation 8 072413 Cementitious Finish Over Exterior Insulation System 16 072414 Pre -Coated Foam Architectural Details 6 072500 Weather Barriers 3 072726 Fluid -Applied Membrane Air Barriers 10 074113.16 Standing -Seam Metal Roof Panels 12 074213.13 Formed Metal Wall Panels 10 074213.53 Metal Soffit Panels 9 075423 Thermoplastic Polyolefin (TPO) Roofing 14 076200 Sheet Metal Flashing and Trim 14 077200 Roof Accessories 9 078413 Penetration Firestopping 7 078446 Fire -Resistive Joint Systems 5 079200 Joint Sealants 11 079219 Acoustical Joint Sealants 4 VOLUME 2 OF 2 DIVISION 8 — OPENINGS 081113 Hollow Metal Doors and Frames 10 081125 Aluminum Frames 4 081416 Flush Wood Doors 8 083323 Overhead Coiling Doors 7 083326 Overhead Coiling Grilles 7 083483 Elevator Door Smoke Containment System 5 084113 Aluminum -Framed Entrances and Storefront 15 085113 Aluminum Windows 8 087100 Door Hardware 29 088000 Glazing 12 088300 Mirrors 6 089119 Fixed Louvers 7 Page 2 of 4 DIVISION 9 — FINISHES /0-111 092116.23 Gypsum Board Shaft Wall Assemblies 6 092216 Non -Structural Metal Framing 8 092900 Gypsum Board 12 093013 Ceramic Tiling 11 095113 Acoustical Panel Ceilings 10 095423 Linear Metal Ceilings 10 096513 Resilient Base and Accessories 6 096543 Linoleum Flooring 6 096723 Resinous Flooring 7 096813 Tile Carpeting 6 099110 Painting 10 DIVISION 10 —SPECIALTIES 101419 Dimensional Letter Signage 6 101423 Panel Signage 10 102113.13 Metal Toilet Compartments 7 102239 Folding Panel Partitions 10 102600 Wall and Door Protection 6 102800 Toilet, Bath, and Laundry Accessories 6 104413 Fire Protection Cabinets 5 104416 Fire Extinguishers 3 105113 Metal Lockers 9 107516 Ground -Set Flagpoles 3 DIVISION 11— EQUIPMENT 115313 Laboratory Fume Hoods 14 DIVISION 12 — FURNISHINGS 122413 Roller Window Shades 6 123623.13 Plastic Laminate -Clad Countertops 6 123653 Laboratory Countertops 4 123661 Simulated Stone Countertops 3 129300 Site Furnishings 2 DIVISION 13 — SPECIAL CONSTRUCTION (NOT USED) DIVISION 14 — CONVEYING EQUIPMENT 142400 Hydraulic Elevators 14 DIVISION 21 — FIRE SUPPRESSION 210000 Fire Suppression 5 Page 3 of 4 DIVISION 22 — PLUMBING n 220000 Plumbing General Requirements 7 220100 Plumbing 12 A DIVISION 23 — HEATING VENTILATION AND AIR CONDITIONING 230000 HVAC General Requirement 9 230100 HVAC 74 230350 Laboratory Ventilation Control 16 230900 Instrumentation and Controls 10 DIVISION 26 — ELECTRICAL 260500 Electrical General Provisions 5 260501 Field Test and Operational Check 6 260502 Short -Circuit -Coordination Study -Arc Flash Hazard Analysis 8 260519 Conductors and Cables 4 260526 Grounding 6 260533 Raceways and Boxes 9 260543 Underslab and Underground Electrical Work 2 260923 Lighting Control Devices 5 262416 Panelboards 7 262726 Wiring Devices 4 262815 Disconnect Switches 2 265100 Interior Lighting 8 266000 Electrical Demolition and Repair 2 271101 Telecom Raceway Systems 2 271500 Telecommunications Cabling 12 283111 Fire Alarm System 13 DIVISION 31 — EARTHWORK 311000 Site Clearing 7 312000 Earth Moving 17 312319 Dewatering 5 DIVISION 32 — EXTERIOR IMPROVEMENTS 321313 Concrete Paving 13 321373 Concrete Paving Joint Sealants 4 321400 Concrete Unit Paving 4 321500 Paver Pedestal System 7 321726 Tactile Warning Surfacing 4 328400 Planting Irrigation 13 329200 Turf and Grasses 4 329300 Plants 7 ADDENDA Addendum No. 1, dated 10/4/2013 Addendum No. 2, dated 10/9/2013 Addendum No. 3, dated 10/14/2013 27 29 41 Page 4 of 4 n City of Meridian - Waste Water Treatment Plant Improvements 3401 N. Ten Mile Road, Meridian, ID 83642 Exhibit "B" Page 1 of 7 CONSTRUCTION DRAWINGS SHEET # DESCRIPTION DATED Admin A0.0 A0.0 Cover Sheet 09/09/2013 Admin A0.1 A0.1 Energy Compliance 09/09/2013 Admin A0.2A A0.2A Code Analysis 09/09/2013 Admin A0.213 A0.2B Code Analysis 09/09/2013 Admin A0.3A A0.3A Accessibility Access & Signage Plan 09/09/2013 Admin A0.3B A0.3B Accessibility Access & Signage Plan 09/09/2013 Admin A0.4A A0.4A Assemblies 09/09/2013 Admin A0.4B A0.4B Assemblies 09/09/2013 Admin A1.1 A1.1 Site Plan 09/09/2013 Admin A1.2 A1.2 Exterior Ramp & Steps 09/09/2013 Admin A1.3 A1.3 Site Details 09/09/2013 Admin A10.1 A10.1 Millwork Details 09/09/2013 Admin A10.2 A10.2 Millwork Details 09/09/2013 Admin A10.3 A10.3 Millwork Details 09/09/2013 Admin A2.1 A2.1 Floor Plan - First Level 09/09/2013 Admin A2.2 A2.2 Floor Plan - Second Level 09/09/2013 Admin A2.3 A2.3 Floor Plan - Third Level 09/09/2013 Admin A2.4 A2.4 Roof Plan 09/09/2013 Admin AU A3.1 Door & Frame Schedule 09/09/2013 Admin A3.2 A3.2 Window Schedule 09/09/2013 Admin AU A3.3 Fixture Schedule 09/09/2013 Admin A3.6 A3.6 Enlarged Plans - Restrooms 09/09/2013 Admin A3.7 A3.7 Enlarged Floor Plans - Stair #1 09/09/2013 Admin A3.8 A3.8 Enlarged Plans - Stair #2 09/09/2013 Admin A4.1 A4.1 Finish Plan - First Level 10/04/2013 Admin A4.2 A4.2 Finish Plan - Second Level 10/04/2013 Admin A4.3 A4.3 Finish Plan - Third Level 09/09/2013 Admin A5.1 A5.1 Reflected Ceiling Plan - First Level 09/09/2013 Admin A5.2 A5.2 Reflected Ceiling Plan - Second Level 10/14/2013 Admin A5.3 A5.3 Reflected Ceiling Plan - Third Level 10/14/2013 Admin A6.1 A6.1 Exterior Elevations 09/09/2013 Admin A6.2 A6.2 Exterior Elevations 09/09/2013 Admin A7.1 A7.1 Building Sections 09/09/2013 Admin A7.2 A7.2 Building Sections 09/09/2013 Admin A7.3 A7.3 Building Sections 09/09/2013 Admin A7.6 A7.6 Stair Sections - Stair #1 09/09/2013 Admin A7.7 A7.7 Stair Sections - Stair #2 09/09/2013 Admin A8.1 A8.1 Interior Elevations - Restrooms 09/09/2013 Admin A8.2 A8.2 Interior Elevations - Restrooms 09/09/2013 Admin A8.3 A8.3 Interior Elevations - Restrooms 09/09/2013 Admin A8.4 A8.4 Interior Elevations 09/09/2013 Admin A9.1 JA9.1 Details 1-19 09/09/2013 Page 1 of 7 /� Admin A9.2 A9.2 Details 20-32 09/09/2013 Admin A9.3 A9.3 Details 33-51 09/09/2013 Admin A9.4 A9.4 Details 52-71 09/09/2013 Admin A9.5 A9.5 Details 72-90 09/09/2013 Admin A9.6 A9.6 Details 91-160 09/09/2013 Admin A9.7 A9.7 Details 107-123 09/09/2013 Admin A9.8 A9.8 Details 124-140 09/09/2013 Admin E0.0 E0.0 Electrical Coversheet 09/09/2013 Admin E0.1 E0.1 Li2htinq Compliance Report 09/09/2013 Admin E1.0 E1.0 Electrical Site Plan 09/09/2013 Admin E2.1.1 E2.1.1 Fire Alarm Plan - First Floor 09/09/2013 Admin E2.1.2 E2.1.2 Lighting Plan - First Level 09/09/2013 Admin E2.1.3 E2.1.3 Mechanical Power Plan - First Level 09/09/2013 Admin E2.1.4 E2.1.4 Power Plan - First Level 09/09/2013 Admin E2.1.5 E2.1.5 Special Systems Plan - First Level 09/09/2013 Admin E2.2.1 E2.2.1 Fire Alarm Plan - Second Level 09/09/2013 Admin E2.2.2 E2.2.2 Lighting Plan - Second Level 09/09/2013 Admin E2.2.3 E2.2.3 Mechanical Power Plan - Second Level 09/09/2013 Admin E2.2.4 E2.2.4 Power Plan - Second Level 09/09/2013 Admin E2.2.5 E2.2.5 Special Systems Plan - Second Level 09/09/2013 Admin E2.3.1 E2.3.1 Fire Alarm Plan - Third Level 09/09/2013 Admin E2.3.2 E2.3.2 Lighting Plan - Third Level 09/09/2013 Admin E2.3.3 E2.3.3 Mechanical Power Plan - Third Level 09/09/2013 Admin E2.3.4 E2.3.4 Power Plan - Third Level 09/09/2013 Admin E2.3.5 E2.3.5 Special Systems Plan - Third Level 09/09/2013 Admin E3.1 E3.1 Electrical Roof Plan 09/09/2013 Admin E4.1 E4.1 One -Line Diagram 09/09/2013 Admin E5.1 E5.1 Electrical Schedules 09/09/2013 Admin E5.2 E5.2 Electrical Schedules 09/09/2013 Admin E6.1 E6.1 Electrical Details 09/09/2013 Admin L1.1 L1.1 Landscape Plan 09/09/2013 Admin L2.1 L2.1 Irra ation Plan 09/09/2013 Admin L2.2 L2.2 Irra ation Notes/Details 09/09/2013 Admin L2.3 L2.3 Irra ation Details 09/09/2013 Admin LG0.01 LG0.01 Structural Cover Sheet 10/02/2013 Admin LG0.02 LG0.02 Structural Design Notes 10/02/2013 Admin LG0.03 LG0.03 Structural Design Notes 10/02/2013 Admin LG1.01 LG1.01 Light Gauge Floor Plan 10/02/2013 Admin LG2.01 LG2.01 Elevations 10/02/2013 Admin LG2.02 LG2.02 Elevations 10/02/2013 Admin LG3.01 LG3.01 Sections 10/02/2013 Admin LG3.02 LG3.02 Sections 10/02/2013 Admin LG3.03 LG3.03 Sections 10/02/2013 Admin LG3.04 LG3.04 Sections 10/02/2013 Admin LG3.05 LG3.05 Sections 10/02/2013 Admin LG5.01 LG5.01 Exterior Light Gauge Typical Details 10/02/2013 Admin LG5.02 LG5.02 Exterior Light Gauge Typical Details 10/02/2013 Admin LG5.03 I LG5.03 Exterior Light Gauge Typical Details 10/02/2013 Page 2 of 7 Page 3 of 7 Admin LG5.04 LG5.04 Exterior Light Gauge Typical Details 10/02/2013 Admin M1.1 M1.1 HVAC Plan - First Level 09/09/2013 Admin M1.2 M1.2 HVAC Plan - Second Level 09/09/2013 Admin M1.3 M1.3 HVAC Plan - Third Level 09/09/2013 Admin M1.4 M1.4 HVAC Plan - Roof 09/09/2013 Admin M2.1 M2.1 H dronic Plan - First Level 09/09/2013 Admin M2.2 M2.2 H dronic Plan - Second Level 09/09/2013 Admin M2.3 M2.3 H dronic Plan - Third Level 09/09/2013 Admin M3.1 M3.1 3D HVAC System 09/09/2013 Admin M4.1 M4.1 Piping Schematic 09/09/2013 Admin M5.1 M5.1 Control Schematics 09/09/2013 Admin M5.2 M5.2 Controls Schematics 09/09/2013 Admin M6.1 M6.1 HVAC Details 09/09/2013 Admin M6.2 M6.2 HVAC Details 09/09/2013 Admin M7.1 M7.1 HVAC Schedules 09/09/2013 Admin M7.2 M7.2 HVAC Schedules 09/09/2013 Admin MC1.0 MC1.0 Mechanical Cover Sheet 09/09/2013 Admin MC1.1 MC1.1 Mechanical Comcheck 09/09/2013 Admin MC1.2 MC1.2 HVAC Zone Plans 09/09/2013 Admin P1.0 P1.0 Plumbing Plan - Foundation 09/09/2013 Admin P1.1 P1.1 Plumbing Plan - First Level 09/09/2013 Admin P1.2 P1.2 Plumbing Plan - Second Level 09/09/2013 Admin P1.3 P1.3 Plumbing Plan - Third Level 09/09/2013 Admin P2.1 P2.1 Plumbing Riser Diagrams 09/09/2013 Admin P3.1 P3.1 Plumbing Details 09/09/2013 Admin P4.1 P4.1 Plumbing Schedules 09/09/2013 Admin S0.01 S0.01 Structural Cover Sheet 10/02/2013 Admin S0.02 S0.02 Structural Design Notes 10/02/2013 Admin S0.03 S0.03 Structural Design Notes 10/02/2013 Admin S0.04 S0.04 Structural Design Notes 10/02/2013 Admin S0.05 S0.05 Structural Design Notes 10/02/2013 Admin S1.01 S1.01 Foundation Plan 10/02/2013 Admin S1.02 S1.02 Second Level Framing Plan 10/02/2013 Admin S1.03 S1.03 Low Roof Framing Plan 10/02/2013 Admin S1.04 S1.04 Third Level Framing Plan 10/02/2013 Admin S1.04A S1.04A Shearwall And Holddown Plan 10/02/2013 Admin S1.05 S1.05 High Roof Framing Plan 10/02/2013 Admin S2.01 S2.01 Enlarged Plans 10/02/2013 Admin S2.02 S2.02 Stair Framing Typical Details 10/02/2013 Admin S3.01 S3.01 Elevations 10/02/2013 Admin S3.51 S3.51 Brace Frame Schedules 10/02/2013 Admin S4.01 S4.01 Schedules 10/02/2013 Admin S4.02 S4.02 Schedules 10/02/2013 Admin S5.01 S5.01 Foundation Typical Details 10/02/2013 Admin S5.02 S5.02 Foundation Typical Details 10/02/2013 Admin S5.03 S5.03 Concrete T ical Details 10/02/2013 Admin S5.21 S5.21 Structural Steel Typical Details 10/02/2013 Admin S5.22 S5.22 Structural Steel Typical Details 10/02/2013 Page 3 of 7 Page 4 of 7 Admin S5.31 S5.31 Steel Stud Typical Details 10/02/2013 Admin S5.32 S5.32 Steel Stud Typical Details 10/02/2013 Admin S5.33 S5.33 Steel Stud Typical Details 10/02/2013 Admin S6.01 S6.01 Foundation Details 10/02/2013 Admin S6.02 S6.02 Foundation Details 10/02/2013 Admin S7.01 S7.01 Floor Framing Details 10/02/2013 Admin S7.02 S7.02 Floor Framing Details 10/02/2013 Admin S8.01 S8.01 Roof Framing Details 10/02/2013 Admin S8.02 S8.02 Roof Framing Details 10/02/2013 Controls A0.0 A0.0 Cover Sheet 09/09/2013 Controls A0.1 A0.1 Energy Compliance 09/09/2013 Controls A0.2 A0.2 Code Analysis 09/09/2013 Controls A0.3 A0.3 Accessibility Access & Signage Plan 09/09/2013 Controls A0.4 A0.4 Assemblies 09/09/2013 Controls A10.1 A10.1 Millwork Details 09/09/2013 Controls A2.0 A2.0 Demolition Plan 09/09/2013 Controls A2.1 A2.1 Floor Plan 09/09/2013 Controls A3.1 A3.1 Schedules 09/09/2013 Controls A3.6 A3.6 Enlarged Floor Plans 09/09/2013 Controls A4.1 A4.1 Finish Plan - First Level 09/09/2013 Controls A5.1 A5.1 Reflected Ceiling Plan 09/09/2013 Controls A8.1 A8.1 Interior Elevations 09/09/2013 Controls A8.2 A8.2 Interior Elevations 09/09/2013 Controls A9.1 A9.1 Details 09/09/2013 Controls E0.0 E0.0 Electrical Caver Sheet 09/09/2013 Controls E1.1 E1.1 Electrical Demolition Plan 10/09/2013 Controls E2.1 E2.1 Fire Alarm Plan 09/09/2013 Controls E2.2 E2.2 Lighting Plan 09/09/2013 Controls E2.3 E2.3 Mechanical Power Plan 09/09/2013 Controls E2.4 E2.4 Power Plan 09/09/2013 Controls E2.5 E2.5 Special Systems Plan 10/09/2013 Controls E3.1 E3.1 One -Line Diagram/Electrical Details/Schedules 09/09/2013 Controls M1.1 M1.1 HVAC Demolition Plan 09/09/2013 Controls M2.1 M2.1 New HVAC Floor Plan 09/09/2013 Controls M3.1 M3.1 HVAC Details 09/09/2013 Controls M4.1 M4.1 HVAC Schedules 09/09/2013 Controls MC1.0 MC1.0 Mechanical Cover Sheet 09/09/2013 Controls P1.1 P1.1 Plumbing Demolition Plan 09/09/2013 Controls P2.1 P2.1 New Plumbing Floor Plan 09/09/2013 Controls P3.1 P3.1 Plumbing Schedules And Details 09/09/2013 Controls P4.1 P4.1 Plumbing Schedules And Details 09/09/2013 Lab A0.0 A0.0 Cover Sheet 09/09/2013 Lab A0.1 A0.1 Energy Compliance 09/09/2013 Lab A0.2 A0.2 Code Analysis 09/09/2013 Lab A0.3A A0.3A Accessibility Access & Signage Plan 09/09/2013 Lab A0.3B A0.3B Accessibility Access & Signage Plan 09/09/2013 Lab A0.4A IAOAA Assemblies 09/09/2013 Lab A0.4B JAO.4B Assemblies 09/09/2013 Page 4 of 7 n /1 Page 5 of 7 Lab A1.1 A1.1 Site Plan 09/09/2013 Lab A10.1 A10.1 Millwork Details 09/09/2013 Lab A10.2 A10.2 Millwork Details 09/09/2013 Lab A10.3 A10.3 Millwork Details 09/09/2013 Lab A2.1 A2.1 Floor Plan - First Level 09/09/2013 Lab A2.2 A2.2 Floor Plan - Second Level 09/09/2013 Lab A2.3 A2.3 Roof Plan 09/09/2013 Lab A3.1 A3.1 Door & Frame Schedule 09/09/2013 Lab A3.2 A3.2 Window Schedule 09/09/2013 Lab A3.3 A3.3 Fixture Schedule 09/09/2013 Lab A3.6 A3.6 Enlarged Plans - Restrooms 09/09/2013 Lab A3.7 A3.7 Enlarged Floor Plans - Stair #1 09/09/2013 Lab A3.8 A3.8 Enlarged Floor Plans - Stair #2 09/09/2013 Lab A3.9 A3.9 Enlarged Floor Plan - Lab 09/09/2013 Lab A4.1 A4.1 Finish Plan - First Level 10/04/2013 Lab A4.2 A4.2 Finish Plan - Second Level 09/09/2013 Lab A5.1 A5.1 Reflected Ceiling Plan - First Level 09/09/2013 Lab A5.2 A5.2 Reflected Ceiling Plan - Second Level 09/09/2013 Lab AU A6.1 Exterior Elevations 09/09/2013 Lab A6.2 A6.2 Exterior Elevations 09/09/2013 Lab A7.1 A7.1 Building Sections 09/09/2013 Lab A7.2 A7.2 Building Sections 09/09/2013 Lab A7.3 A7.3 Building Sections 09/09/2013 Lab A7.6 A7.6 Stair Sections - Stair #1 09/09/2013 Lab A7.7 A7.7 Stair Sections -Stair #2 09/09/2013 Lab A8.1 A8.1 Interior Elevations 09/09/2013 Lab A8.2 A8.2 Interior Elevations 09/09/2013 Lab A8.3 A8.3 Interior Elevations 09/09/2013 Lab A8.4 A8.4 Interior Elevations 09/09/2013 Lab A8.5 A8.5 Interior Elevations - Restrooms 09/09/2013 Lab A9.1 A9.1 Details 1-19 09/09/2013 Lab A9.2 A9.2 Details 20-32 09/09/2013 Lab A9.3 A9.3 Details 33-51 09/09/2013 Lab A9.4 A9.4 Details 52-71 09/09/2013 Lab A9.5 A9.5 Details 72-90 09/09/2013 Lab A9.6 A9.6 Details 91-105 09/09/2013 Lab A9.7 A9.7 Details 106-123 09/09/2013 Lab A9.8 A9.8 Details 124-140 09/09/2013 Lab E0.0 E0.0 Electrical Cover Sheet 09/09/2013 Lab E0.1 E0.1 Lighting Compliance Report 09/09/2013 Lab E1.0 E1.0 Electrical Site Plan 09/09/2013 Lab E2.1.1 E2.1.1 Fire Alarm Plan - First Level 09/09/2013 Lab E2.1.2 E2.1.2 Lighting Plan - First Level 09/09/2013 Lab E2.1.3 E2.1.3 Mechanical Power Plan - First Level 09/09/2013 Lab E2.1.4 E2.1.4 Power Plan - First Level 09/09/2013 Lab E2.1.5 E2.1.5 Special Systems Plan - First Level 09/09/2013 Lab E2.2.1 E2.2.1 Fire Alarm Plan - Second Floor 09/09/2013 Lab E2.2.2 I E2.2.2 Lighting Plan - Second Floor 09/09/2013 Page 5 of 7 n n Lab E2.2.3 E2.2.3 Mechanical Power Plan - Second Floor 09/09/2013 Lab E2.2.4 E2.2.4 Power Plan - Second Floor 09/09/2013 Lab E2.2.5 E2.2.5 Special Systems Plan - Second Floor 09/09/2013 Lab E3.1 E3.1 Electrical Roof Plan 09/09/2013 Lab E4.1 E4.1 One -Line Diagram 09/09/2013 Lab E5.1 E5.1 Electrical Schedules 09/09/2013 Lab E6.1 E6.1 Electrical Details 09/09/2013 Lab L1.1 L1.1 Landscape Plan 09/09/2013 Lab L2.1 L2.1 Landscape Plan 09/09/2013 Lab L2.2 L2.2 Irrigation Details 09/09/2013 Lab MO.1 M0.1 HVAC Demolition Plan 09/09/2013 Lab M1.1 M1.1 HVAC Plan - First Level 09/09/2013 Lab M1.2 M1.2 HVAC Plan - Second Level 09/09/2013 Lab M1.3 M1.3 HVAC Roof Plan 09/09/2013 Lab M2.1 M2.1 H dronic Plan - First Level 09/09/2013 Lab M2.2 M2.2 H dronic Plan - Second Level 09/09/2013 Lab M3.1 M3.1 3D HVAC System 09/09/2013 Lab M4.1 M4.1 Mechanical Piping Schematic 09/09/2013 Lab M5.1 M5.1 HVAC Controls 09/09/2013 Lab M5.2 M5.2 HVAC Controls 09/09/2013 Lab M5.3 M5.3 HVAC Controls 09/09/2013 Lab M5.4 M5.4 HVAC Controls 09/09/2013 Lab M5.5 M5.5 HVAC Controls 09/09/2013 Lab M5.6 M5.6 HVAC Controls 09/09/2013 Lab M5.7 M5.7 HVAC Controls 09/09/2013 Lab M6.1 M6.1 HVAC Details 09/09/2013 Lab M6.2 M6.2 HVAC Details 09/09/2013 Lab M6.3 M6.3 HVAC Details 09/09/2013 Lab M6.4 M6.4 HVAC Details 09/09/2013 Lab M7.1 M7.1 HVAC Schedules 09/09/2013 Lab M7.2 M7.2 HVAC Schedules 09/09/2013 Lab M7.3 M7.3 HVAC Schedules 09/09/2013 Lab M7.4 M7.4 HVAC Schedules 09/09/2013 Lab M7.5 M7.5 HVAC Schedules 09/09/2013 Lab MC1.0 MC1.0 Mechanical Cover Sheet 09/09/2013 Lab MC1.1 MC1.1 Mechanical COMCheck 09/09/2013 Lab P1.0 P1.0 Plumbing Plan - Foundation 09/09/2013 Lab P1.1 P1.1 Plumbing Plan - First Level 09/09/2013 Lab P1.2 P1.2 Plumbing Plan - Second Level 09/09/2013 Lab P3.1 P3.1 Plumbing Details 09/09/2013 Lab P4.1 P4.1 Plumbing Schedules 09/09/2013 Lab S0.01 S0.01 Structural Cover Sheet 10/02/2013 Lab S0.02 S0.02 Structural Design Notes 10/02/2013 Lab S0.03 S0.03 Structural Design Notes 10/02/2013 Lab S0.04 S0.04 Structural Design Notes 10/02/2013 Lab S0.05 S0.05 Structural Design Notes 10/02/2013 Lab S1.01 IS1.01 Foundation Plan 10/02/2013 Lab S1.01A ISI.OIA First Floor Shearwall And Holdown Plan 10/02/2013 Page 6 of 7 n /0-N, Page 7 of 7 Lab S1.02 S1.02 Second Level & Lowwer Roof Framing 10/02/2013 Lab S1.02A S1.02A Second Level Shearwall & Holdown Plan 10/02/2013 Lab S1.03 S1.03 Upper Roof Framing Plan 10/02/2013 Lab S2.01 S2.01 Enlarged Plans 10/02/2013 Lab S2.02 S2.02 Stair Framing Typical Details 10/02/2013 Lab S4.01 S4.01 Schedules 10/02/2013 Lab S4.02 S4.02 Schedules 10/02/2013 Lab S5.01 S5.01 Foundation Typical Details 10/02/2013 Lab S5.02 S5.02 Foundation Typical Details 10/02/2013 Lab S5.03 S5.03 Concrete Typical Details 10/02/2013 Lab S5.21 S5.21 Structural Steel Typical Details 10/02/2013 Lab S5.22 S5.22 Structural Steel Typical Details 10/02/2013 Lab S5.23 S5.23 Structural Steel Typical Details 10/02/2013 Lab S5.31 S5.31 Steel Stud Typical Details 10/02/2013 Lab S5.32 S5.32 Steel Stud Typical Details 10/02/2013 Lab S5.33 S5.33 Steel Stud Typical Details 10/02/2013 Lab S5.34 S5.34 Steel Stud Typical Details 10/02/2013 Lab S6.01 S6.01 Foundation Details 10/02/2013 Lab S6.02 S6.02 Foundation Details 10/02/2013 Lab S7.01 S7.01 Framing Details 10/02/2013 Lab S7.02 S7.02 Framing Details 10/02/2013 Lab S7.03 S7.03 Framing Details 10/02/2013 Site A0.0 A0.0 Cover Sheet 08/19/2013 Site C1.1 C1.1 Construction Notes & Abbreviations 07/19/2013 Site C1.2 C1.2 Overall Site Plan And Legend 07/19/2013 Site C1.3 C1.3 Existing Conditions & Demo Plan - Lab Building 07/19/2013 Site C1.4 C1.4 Existing Conditions & Demo Plan - Admin. Buildin 07/19/2013 Site C2.1 C2.1 Dimensioned Site Plan - Lab Building 07/19/2013 Site C2.2 C2.2 Dimensioned Site Plan - Admin. Building 07/19/2013 Site C3.1 C3.1 Gradin Plan - Lab Building 07/19/2013 Site C3.2 C3.2 Gradin Plan - Lab Building 07/19/2013 Site C3.3 C3.3 Gradin Plan - Admin. Building 07/19/2013 Site C3.4 C3.4 Gradin Plan - Admin. Building 07/19/2013 Site C3.5 C3.5 Drainage Pond Details 07/19/2013 Site C4.1 C4.1 Utility Plan - Lab Building 07/19/2013 Site C4.2 C4.2 Utility Plan - Admin. Building 07/19/2013 Site C5.1 C5.1 Civil Details 07/19/2013 Site C5.2 C5.2 Civil Details 07/19/2013 Site C5.3 C5.3 Civil Details 07/19/2013 Site ESC1 ESC1 SWPPP Site Map 08/19/2013 Site S1.01 S1.01 Lab Foundation Plan 08/19/2013 Site S1.02 S1.02 Admin. Foundation Plan 08/19/2013 Site V1.1 V1.1 Existing Topography - Lab Building 08/19/2013 Site V1.2 JVI.2 Existing Topography - Admin. 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T � T .:_.._) d ( T � T SIT • N N ca E c c) L ' C L O N C _ m o(f N c y d a c c d Y rn c a c ie cm :3 2 E «d 'So li �• m Tm LL N w CO ac o- o, LL rn 0 W c 7 to V O o 0 O N o �_ O. 1 y c ca �i O p �1 ' m o a O C - E v �n 2 U) U ao E o (n 0o E c m aEi OC c LL v 0 U n. v� N °� a v O u w coo a m v m N 0! •. CT m jr 1'ii p N > Od 06 5 C7 cu U > c c ww U 2 io 0. x w coo m a m o� �� c>> m¢ U m at U) I g Y 0 0 0 0 LO 0 COI O O O O N 11� O Co .Y T O O O O 0 0 1 o O an N N N N co MCl) CI w w t0 llo dO' 1 C (3 C7 U' C7 0 0 U' C7 C'3 C7 0 a, 0 G •� � wU 0 c O V 4) ``J s W I:t 0 S a, •- L n r C7 (! a c m 0 jiez ;tea Q n. c° �'a a� -° CL W Or- (� -T c -- -ITS-T--f- __ h�__� _��; _ _ a)m ,' a) a) 1 /n 1 .F+ 1 1 1 m Cl) H m 1 N 1 1 ; Y ' 1 1 1 r ; EXHIBIT "I" INSURANCE REQUIREMENTS FOR WORKING WITH BENITON CONSTRUCTION COMPANY AND CITY OF MERIDIAN Contractors and Subcontractors shall provide evidence that the following minimum coverage is provided. Commercial General Liability (ISO Form CG0001 (10/01) or Equivalent) • $2,000,000 General Aggregate • $2,000,000 Products/Completed Operations Aggregate • $1,000,000 Each Occurrence • $1,000,000 Personal Injury and Advertising Injury • $ 100,000 Fire Damage Liability • $ 5,000 Medical Expenses — Each Person o Limits must be on a "Per Project Aggregate". o City of Meridian and Beniton Construction Company must be listed as additional insured (ISO Form CG2010 (11/85), or CG2010 (10/01) and CG2037 (10/01), or Equivalent). A copy of the endorsement adding Beniton Construction Company shall be included with the certificate of insurance. o Completed operations coverage will remain in effect for 2 years after project completion. Business Automobile Liability • $1,000,000 Each Occurrence Worker's Compensation and Emplovers Liabilitv Insurance • Statutory Limits • Employers Liability o $100,000 Each Accident o $500,000 Policy Limits o $100,000 Each Employee Excess Liability • $1,000,000 (An Umbrella policy may be used in combination with other policies to provide coverage specified) For Architects, Engineers, Surveyors, & Testing Firms: Professional Liability (Errors and Omissions) — Continued for Two (2) Years After Project Completion • $1,000,000 per claim and $2,000,000 aggregate for annual claims made coverage OR • $1,000,000 project coverage ➢ Certificate of Insurance must be project specific. ➢ Please provide written documentation in regards to your insurance contract(s) cancellation terms. ➢ Insurance is to be Primary & Non -Contributory to any liability insurance carried by Beniton Construction Co., Inc. and City of Meridian. ➢ Waiver of Subrogation applies in favor of Beniton Construction Co., Inc. and City of Meridian. FI—M ACC>RV CERTIFICATE OF LIABILITY INSURAN DATEIMMIDD,YYYYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: + LHON E4, Efdl•I taG4NoJ: Producer's name and address Ennulcec. INSURERS AFFORDING COVERAGE NAIC C 11MRER_A: Issuing company_AM_BESTA or.Better___ INSURED _. - _ INSURER 9 q INSURER C : Fes_ Subcontractor name and address INSURER D: F� INSURER E;,, ' INSURER F: COVERAGES CERTIFICATE NUMBER: RE(/ -CUMBER: A07- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NA: BOVE F . ,;' E POLICY PERIOD INDICA'rED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRA T OR OTHER E M TH E . ECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POtifsS DESCRIBED HEREINJf )T TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF S POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED ID CLAIMS. SUCH INSRi ". ADDL'SUBR ..-._.. ..---------------' POLICYEFF==CYEXP -----'------ LTR f TYPE OF INSURANCE POLICYNUMBER (MMIDDIYYYYI Y1 i LIMITS GENERAL LIABILITY 1'' CACIi RENCE _....._� S. 1,000,000 x COAIMFRCIAI GFNFRALLtAHILITv — r —i X X PRIG` ! {EancNcuroxe) S 100,000 —'- 1 CLAIAI5•A1AOC f- OCCUR ") OCCUR _I I I 1 "" ' Y_XP (Any ono porsen)__, _, S 10,000 I ! Current policy# 09101/2�i'i_ 09/01/2012 F RSONALBADVINJURY S 1,000,000 GENERAL AGGREGATE 5 2,000,000 PRODUCTS . COMP/OP AGG _ A2.000,000 GEN'[ AGGREGATE LIMIT APPLIES PER* x 1 PRT - --- S - ' POLICY I LCC �N AUTOMOBILEUABILITY-f- I—' j ' COM INEDS:NGLE IMIr (Ea acddanq_ S 1,000 0 X ;ANY AUTO —': ALLOVv?JCn SCIICOVLED BODILY INJURY (Per person) S _ AUTOS AUTOS NON•01 INF13 _ I 11IREDAUI05 AUTOS _ G # ��""- 1/2011 `- 09/01/2012 nODfI.YINJURY (Pnrnacident) PROPEft7Y DAMAGE Per accident 5 S S )( UMBRELLA LIAR XI OCCUR �� ,Z EACHOCCURREWCE 5 1,000,000,__ EXCEssuAB I CLAIMS NAD =� Current poU .,,: 09101/2011 09/01/2D12 AGGREGATE S 1,000,000 - — -'- DED RETENTIONS i M-4 = x S x..TOR-Y LIMITS. OE_ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N �� I_ w'• I f.--� ANY PROPRIETORiPARTNERIEXECUTIVE 0 RCUMEMBER CXCLUDED? ❑ - ufr nl O�t �" =09/0112011 N / A ,. P - 09/01/2012 CI fACIIACCIDF.NT - 5 I QOD�000 - """��{ (Mandatory in NH) E.L. DISEASE • FA EMPLOYE S 1,OQ0,000 -,... If yes, describe under - Y- " _ E.L. DISEASE • POLICY LIWT S 1,000,000 I � DESCRIPTION OF OPERATION911,6bM%NS I VEHICLES ; ',�" ach ACORD 101, Additional Remarks Schedule, It more space Is required) Re: City of Meridian Waste Wate"eatment Plant Improvements. City of Meridian and Beniton Construction are listed as Additional Insured p - nercial General Liability coverage on a primary and non-contributory basis regarding above project provided by form CG2010 10101 and CG2037 10101 (or equivalent). Waiver of Subrogation applies in favor of the Beniton Construction Company, Inc. and owner (except WC.). UL:K 111-IL:A I t HLJLUtK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Beniton Construction Company, Inc, ACCORDANCE WITH THE POLICY PROVISIONS. P.O, BOX 838 AUTHORIZED REPRESENTATIVE Meridian, ID 83680 Original Signature ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 4H PROJECT NUMBER: ITEM TITLE: POLICE DEPARTMENT PUBLIC SAFETY TRAINING CENTER Police Department Public Safety Training Center Project Agreement between Meridian Police Department and Nampa and Meridian Irrigation District for Tiling of Irrigation Ditch MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 a# ' ~ BOISE IDAHO 12119/13 09:12 AM DEPUTY Nikola Olson RECORDED-REQUEST OP III I'II'lll'II~II"'ll'~II'll'~II I'll Nampa Meridian Irrigatlon Dist 113135033 AGREEMENT. This AGREEMENT, is made and entered into this ~~~ day of. ,1L~~4-u!LOl3, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Broadway, Meridian, ldaho 83642 hereinafter referred to as the "City", WITNESSETH: WHEREAS, the District owns the irrigation ditch or lateral known as the HUNTER LATERAL, an integral part of the irrigation and drainage works and system of the District, together with the easement therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair the Hunter Lateral, and to access the Hunter Lateral for those purposes; and, WHEREAS, the District operates, cleans, maintains, repairs and protects the Hunter Lateral for the benefit of District's landowners; and, WHEREAS, the City owns the real property/right-of--way, particularly described in the deed and/or "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the Hunter Lateral crosses and intersects the City's real property described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the City desires permission to pipe a portion of the Hunter Lateral and construct and maintain communication and power lines and a domestic water main within the District's easement for the Hunter Lateral under the terms and conditions of this Agreement, within the City of Meridian, Ada County, Idaho; and NOW, THEREFORE, for and inconsideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: A. Scope of Agreement 1. The City shall have the right to pipe a portion of the Hunter Lateral in 36 inch Class Ill RCP pipe and to construct and maintain communication and power lines, at two separate locations, and one domestic water main across and within the District's easement for the Hunter Lateral in the manner described in the "Purpose of Agreement" attached hereto as Exhibit C and by this reference made a part hereof. AGREEMENT -Page 1 2. Any crossing, encroachment upon or modification of the Hunter Lateral and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of Agreement," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. The City shall only be permitted to cross, encroach upon or modify the Hunter Lateral and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. Each installed facility shall be subject the conditions of this Agreement and the City shall have access to repair, maintain, or replace said facilities as needed. 3. This Agreement pertains only to the City's encroachment upon the Hunter Lateral and/or the District's easement for the purposes and in the manner described herein. The City shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easements, nor perform any construction or activity within the District's easement for the Hunter Lateral except as referred to in this Agreement without the prior written consent of the District. 4. The City recognizes and acknowledges that the permission granted by this Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the City affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the City from the holder oftitle to the property. Should the City fail to obtain such rights from the holder oftitle to the property or should the rights obtained prove legally ineffectual, the City shall indemnify, hold harmless, and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair 1. The City agrees that the work performed and the materials used in any construction permitted by this Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this Agreement means any object or thing installed by the City on, over or in the vicinity of the District's easements) shall be constructed, installed, operated, maintained, and repaired at all times by the City at the cost and expense of the City. 3. The City agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easements so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the Hunter Lateral or the District's delivery of irrigation water; c. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easements; e. an interference with the District's use of its easements to access, operate, clean, maintain, and repair the Hunter Lateral; f. any other damage to the District's easements and irrigation or drainage works. 4. The City agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the City's construction or activity which constitutes or causes any of the AGREEMENT -Page 2 circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the easements and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The City shall, upon demand of the District, remove any facility or repair any alteration of the District's easements which interferes with the District's operation and maintenance of the Hunter Lateral, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f. The District shall give reasonable notice to the City, and shall allow the City a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The City shall respond within 24 hours to begin repair or remediate any interference with the District's operation and maintenance of the Hunter Lateral. The District reserves the right to perform any and all work which the City fails or refuses to perform within a reasonable period of time after demand by the District. All work performed shall be performed in manner required by Idaho law, including but not limited to the use of licensed public works contractors and engineers and the performance standards as required by law and ordinance. The City agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to exercise the options stated in this paragraph, and the City shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, or arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation or drainage works and system of the District by this Agreement, nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this Agreement shall be at all times construed according to such principles. 2. Nothing herein contained shall be construed to impair the Hunter Lateral or the District's easement, and all construction and use of the District's easement by the City and the permission herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the Hunter Lateral for the transmission and delivery of irrigation water or transmission of drainage water. 3. The City agrees that the District shalt not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the Hunter Lateral. 4. [n the event of the failure, refusal or neglect of the City to comply with all of the terms and conditions of this Agreement, the permission granted to the City under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which may unreasonably and materially interfere with the maintenance and operation of such Hunter Lateral by the District with its equipment for the maintenance of the Hunter Lateral shall be promptly removed by the upon demand of the District. E. Applicable Law aad Jurisdiction Unaffected. l . Neither the terms of this Agreement, the permission granted by the District to the City, the City's activity which is the subject of this Agreement, nor the parties exercise of any rights or performance AGREEMENT -Page 3 of any obligations of this Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this Agreement or the City's activity authorized hereunder, City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction and the City shall cease the activity and remove the facility which subjects the District to such requirements. F. Indemnification and Hold Harmless 1. In addition to all other indemnification provisions herein, City further agrees to indemnify, hold harmless and defend the District-from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of City or its agents, contractors or subcontractors in performing the construction and activities authorized by this Agreement. G. Fees and Costs 1. The City agrees to pay to the District fees and costs incurred by the District for work necessary to prepare this Agreement. The amount shall not exceed $500.00 without the additional consent of the City. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement, whether by institution of suit or not the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous 1. No Claims Crested. Nothing in this Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the City or any third party against the District. 2. Assienment. Neither this Agreement nor any agreement entered pursuant to this Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this Agreement must be in writing and signed by all parties to be enforceable. 4. Interpretation. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this Agreement shat l remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this Agreement, and are not intended to be aids in interpretation of AGREEMENT -Page 4 any provision of this Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the Agreement. 5. Binding Effect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the easement(s) of the City described herein, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District City of Meridian 5525 East Greenhurst 33 E. Broadway Nampa, ID 83686 Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This Agreement may be executed and delivered in counterparts, each ofwhich shall be deemed to be an original and all of which shalt constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT p~~lClA~i o Its President U" ATTEST: Its Secretary... ___ __ CITY OF ~;:~~,~; ar3 nuc. f ~v ,~ c~~t; ~~It May t rnk,+~ ~~ ~.i;t ~~~ ~ tr ar t' I r <y" AGREEMENT -Page 5 ATTEST: is Ci erk STATE OF IDAHO ) ss: County of Canyon ) On this (~ day of ~tt,z~,~e 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Graham Paterson and Daren Coon, known to me to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~. R •. ~• a' ~o~•`r"s `~P~ ® ~ v~~~0 ~V:~: STATE OF IDAHO ) °°°° °°°• 'PU ' ~•"~'`~~~~ • °•• • ~ • SS. °°°° soots 0 `,o ) °i, STATE we ~ County of Ada ) s~su~euu~s~~ On this ~ ~ day of ~j,u?~ in and for said state, personally appeared ~ ~ to me to be the.,- _ .. and (`..; ~-+~_.C,U that executed the forego' g instrument, and ac~~ikno le-d@ - ~. ~.~-~ Notary Public for Idaho Residing at" ~~+~-~P , . -, Idaho My Commission Expires:. j6 C ~ ~ l ~ 2013, before me, the undersigned, a notary public Ar-cl and , .~a..~cec.- ~.IO I w~-~ ..known .6~- ofthe CITY OF MERIDIAN, the entity 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 in this certificate first above written. '~ ;¢i° . • . V?, ~ • ' ~ • ~ ~ ~ • `. ~ ~' • ~,.,~~ •+~'~'~~'E OF ~~~~• sssssssssess° ~~~ Notary Public for 5~e ~-1; ~Pd.G ~~ Residing at, My Commissto Expires: lO a- . Z ~ AGREEMENT -Page 6 The Grantees herein have read and approved the following:./ ~~~ Jr'Z`t'00 4 - T:ile`R;1o1V.--. TOOJ7dbl....X.i,V.. • ~ ~ CORPORATE WARRANTY DEED FOR VALUE DECEIVED, Ho'weli-Murdoch Development Corporation, an Idaho Corporation a a corporation organized and existing under the laws of the State of Idaho, with its principal office at 1087 W. River St. li250, Boise ID 83702 of County of Ada ,State of Idaho, GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto City of Meridian GRANTEES(s), whose current address is: 33 E. Idaho Avenue ,Meridian 1D 83642 the following described real property in Ada County, State of Idaho, more particulazly described as follows, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. ' RECORDED-REOUES~ OF .1DA CUUTITY~ECURDI;R J. DAYID !d ARRO 00 E::al~E.1D~1E,o FEE~DEPUTY~~~~~ 2000MY24 PM 4t 55 ~ 00040205 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby wvenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrlaions, dedications, easements, rights of way and agreements,(if any) of record, aad general taxes and assessments, (including ~lr;igation and utility assessments, if any) for the current '. year, which are not yet due and payable, and that Grantors}will warrant and defend the same from alt lawful claims whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the Grantor has caused its corporate name to be hereunto affixed by its duly authorized officers this 23rd day of May , in the Yeaz of 2000. Howell-Murdoch Devel. ~o B _- 4 , __. _ ~ President Attes[: _ Secretary STATE OF lyl~ah~o ,County of Ada , ss. On, this ,22r~ d$y of May..... in tha year, of 2000, before me, the undersigned, a Notary Public in and int eoiel C~OYs ne..•nnall., ennnees,! Vn.,in 1-Inu.nll Exhibit A, page 1 EXHIBIT "A" A parcel of land located in the North 1/2 of the southeast i/4 of the Northeast 1/4 of Section 18, Township 3 North, Raaga 1 East, of the eoiee Meridian, Ada Couaty, 2daho, more particularly described as follows: Commencing at the Northeast corner of said Section 18, said corner being common to Sections 7,8,17 and 18 of said Township and Range; thence south 0031'15" West a distance of 1,991.18 feet along the 8asterly line of the Northeast 1/4 of said Section 18 to a point on the Southerly lice of the North 1/2 of the Southeast 1/4 of the Northeast i/9 of said section 18; thence South 89°36'01" West 316.37 feet along said southerly line to the TRIIE POINT OF BS~INNINa; thence south 89°36'01" West a distance of 1,009.82 feet along said Southerly line to the southwest corner of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of said section 18; thence North OD°29'35" East a distance of 931.91 feet along the Westerly line of said Narth i/2 of the Southeast 1/a of the Northeast i/4 of said Section 18; thence leaving said Westerly line, North 89°39'40" Heat a distance of 1,010.01 feet; thence South 00°31'15" West a distance of a30.e9 feet and parallel with the 8asterly line of the North 1/2 of the Southeast i/4 of the Northeast 1/4 of said Section 18 to the POINT OF HEOINNING, said point being on the Southerly line of the North 1/2 of the Southeast 1/a of the Northeast 1/4 of said Section 18. Exhibit A, page 2 ADA CUUNTY RECORDER J. DAVID I~~~VARRO rrE1.}~ ~ .~~, zooz~~ r i P~~ 2~ 48 CORPORATE QUITCLAIM DEED ~ECORpED' REQUEST' 0~ ~~ EE~~'-'DEPUTY i020164~ GRANTOR: Howell-Murdoch Development Corp, GRANTEE: City of Meridian GRANTEE'S ADDRESS: 33 East Idaho Av., Meridian, Idaho 83642 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances thereto located in Ada County, State of Idaho legally described as follows: Lot $ of Block 2 of the Murdoch Subdivision No. 2 as shown on the official plat thereof in Book 83 of Plats at page 9158, Ada County, Idaho. DATED This 8 day of February, 2002. Howell-Murdoch D velopmen Corp. By. eon A. Howell, Presid nt STATE OF IDAHO, ) ss. COUNTY OF Ada ) On this 8th day of February, 2002, before me, a notary public in and for said State, personally appeared Kevin A. Howell, known or identified to me (on the basis of satisfactory evidence), to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS ~ _ ave hereunto se ` my hand and affix' my official seal, the d _: t certificate first above writte . ,, ~e~ ,~~. ~, -V1~'~ , ~~- N' ar i.iblic for Idah, "~ ding in Boise, Idaho _ y Commission Expires: C-~3 -CAS Exhibit A, page 3 EXHIBIT B ._ Crossing Location See Exhibit D-1 attached hereto. EXHIBIT C Purpose of Agreement The purpose of this Agreement is to permit the City to: 1. pipe approximately 330 linear feet fo the Hunter Lateral in 3b inch Class III RCP pipe; 2 construct, operate and maintain a domestic water main across and under the Hunter Latera] and within the District's easement for the Hunter Lateral; and 4, construct, operate and maintain communication and power lines, at two separate locations, across and under the Hunter Lateral and within the District's easement for the Hunter Lateral, all within the City's real property, Meridian Police Department Public Safety Training Center, located southwest of the intersection of Locust Grove Road and E. Watertower Street in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with Exhibit D-t, attached hereto and by this reference incorporated herein. The domestic water main and communication and power lines shall all be located a minimum of three feet below the pipe for the Hunter Lateral. The City anticipates constructing a parking area and fence enclosures within the District's easement on the City property in the future and wilt submit plans/drawings and seek the District's written consent when the City is ready to do so. b. The City shall notify the District prior to and immediately after construction so that the District or the District's engineer's may inspect and approve the construction. c. The pipe, installation, and backfill shall, at a minimum, meet the requirements of the District and standard specifications for such materials and construction, as set forth in the Idaho standards for public works construction or other standards recognized by the city or county in which the pipe is to be placed. d. The City shall be responsible for operation, maintenance and repairs associated with the City's piping ortiling ofthe Hunter Lateral, including rehabilitation or replacement ofthe pipe for the Hunter and the District's easement for a period of three years from the date of this Agreement. Repairs shall include, but not be limited to, all repairs necessary to preserve the structural integrity and unobstructed flow of water through the Hunter Lateral, prevent the loss of water from the Hunter Lateral and the repair of any cracks, breaks or leaks to the Hunter Lateral. If the City shall fail in any respect to properly operate, maintain and repair such portion of the Hunter Lateral, then the District, at its option, and without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the City agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the City prior to the District's performing such maintenance, repair or other work except that in cases of AGREEMENT -Page 7 emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by City or any third party against the District for failure to exercise the options stated in this paragraph, and City shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms ofthis paragraph except for claims arising solely out of the negligence or fault of the District. e. The City represents that City has complied with all federal, state or other taws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. The City recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. 13y executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by the City which is the subject of this agreement. f. The City hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance ofthis agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim ,action or requirement. g. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with the City's activity which is the subject ofthis agreement, the City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with alt permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. h. The parties to this agreement recognize that this agreement is an accommodation to the City. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. 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W~__ -l -- --~ a ..._..._.___.__~ _ - - ~.,w~. ~,_ r _ . ~i' i d~ i~ 9 ~`~ t ~~~ Exhibit D-1, page 5 Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 41 PROJECT NUMBER: ITEM TITLE: POLICE DEPARTMENT PUBLIC SAFETY TRAINING CENTER Police Department Public Safety Training Center Project Agreement between City of Meridian and Marvin Everett for Temporary Construction Right -of -Way Access for the Hunter Lateral Easement Project MEETING NOTES u4r Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 E BOISE IDAHO 12MV13 12:25 PM DEPUTY Vicky Bailey III IIIIIIIIIIilllllllllllllllll 111 111 RECORDED -REQUEST OF 113132726Meridian City TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of &h V, 20between Marvin Everett, 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 temporary construction right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the temporary construction easement is to be provided for construction of an underground pipeline to be constructed by others and or GRANTEE; and 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 over and across the following described property: (SEE ATTACHED EXHIBIT A) The temporary construction easement hereby granted is for the purpose of construction relating to tiling the Hunter Lateral with concrete pipe and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire 30 days after the installation and acceptance of said concrete pipe line by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said concrete pipe line, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to gtNch construction. However, GRANTEE shall not be responsible for repairinF�,, ng anything ad placed within the area described in this easement that waded there, tion of this easement. t THE GRANTORS hereby covenant and agree that they will not place or allow io 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. Temporary Construction Easement 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. GRANTOR: President Secretary n Address��, g 3a STATE OF IDAHO ) : ss. County of Ada ) On this �o day of ft L/ , 20 �, before me, the undersigned, a Notary Public in and for said State, personally appeared /`'tSR ll� �UG'/r , known or identified to me to be the person who executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL S w %%OTM` 'N 4F 1AP?O Temporary Construction Easement NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: 12—t5-(5' /1 GRANTEE: CITY OF MERIDIAN Tammy de eerd, Mayor aycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada On this At)— day of DCS Mt>k V , 20 �, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, 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. Temporary Construction Easement ARY PUB IC FOR I Residing at:QV-tdL a 2 �_ Commission Expires: t c) l a On this At)— day of DCS Mt>k V , 20 �, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, 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. Temporary Construction Easement ARY PUB IC FOR I Residing at:QV-tdL a 2 �_ Commission Expires: t c) l /'N TEMPORARY CONSTRUCTION EASEMENT EXHIBITA !. 4 HUNTER LATERAL TKING EAST WATER TOWER sRE MERIDIAN, m om ~ CSHID 83 k4e !\/ $�._ �__, ll..� � r O T m O 0 $ HUNTER LATERAL TILING �""" A. � EAST WATER TOWER STREET MERIDIAN, ID R a 7 5 cw.�aooneww S CSH(-�4 N)30 6A-FAX16ED8]i@ 01751(615• FAX 30.7A&59 N551Nwxtagfcaq � I_Y�u.� u Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 4J PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No.13 ` q�4 : A Resolution Authorizing the City Clerk to Destroy Certain Semi -Permanent Records of the Meridian Police Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS A CITY OF MERIDIAN RESOLUTION NO. 13 - 9 (o BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI- PERMANENT RECORDS OF THE MERIDIAN 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 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 records that may be destroyed pursuant to Idaho Code sections 50-907(2) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent records of the Police Department: POLICE YEAR(S) DESCRIPTION Semi-permanent Records Animal Control Records All of 2004 and 2005 Includes Animal Complaint Reports for lost dogs, dogs and cattle at large, barking dogs, and cruelty to animals Crime Reports (DRs) for All of 2004 and 2005 Includes Crime Reports for non - other crimes major crimes Impounded & Abandoned All of 2004 and 2005 Includes Abandoned/ Impounded Vehicle Records Vehicle Reports Traffic Collision Reports All of 2004 and 2005 Includes Traffic Collision Reports not embedded within a crime report 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. RESOLUTION AUTHORIZING DESTRUCTION OF POLICE DEPARTMENT RECORDS PAGE 1 OF 1 ADOPTED by the City Council of the City of Meridian, Idaho, this day of December, 2013. 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December, APPROVED: Mayor T de Weerd ATTEST: n A L'c� �n�tJ ST7 V !s. City of By: Jayce Holman, City Clerk '°""° . SEAL O RESOLUTION AUTHORIZING DESTRUCTION OF POLICE DEPARTMENT RECORDS PAGE 2 OF 2 Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 4K PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. Accepting the 2014 Initial Point Gallery Schedule MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 1.3 % & 5 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ACCEPTING THE 2014 INITIAL POINT GALLERY SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-5-2(C)(2-4) charges the Meridian Arts Commission with stimulating awareness and appreciation of the importance of publicly accessible art and its benefits to the community, encouraging the growth and preservation of the city's art resources, fostering the development of a receptive climate for the arts, promoting self-sustaining arts programs within the City, and reviewing and advising the City Council on the aesthetic aspects of works of art to be displayed by the city of Meridian; 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; WHEREAS, on October 24, 2013, the Meridian Arts Commission reviewed the responses to the Call to Artists (attached hereto as Exhibit Q, selected artists whose works are appropriate for display in Initial Point Gallery based on their respectively submitted proposals, and recommends to the Meridian City Council that such artists' work be displayed in Initial Point Gallery in 2014; and WHEREAS, the Mayor and City Council find that the proposed 2014 Initial Point Gallery Schedule, as set forth in Exhibit B, will serve the best interest of the people of Meridian and all visitors to Meridian City Hall; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the proposed 2014 Initial Point Gallery Schedule, attached hereto as Exhibit B, as may be amended or supplemented by the Gallery Curator from time to time as necessary, is hereby accepted and adopted by the Mayor and City Council of the City of Meridian. 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 10th day of Dec., 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this 10th day of Dec., 2013. APPROVED:;: ` ATTEST: 41aytceq�Dol Mayor T de Weerdf'I,� ��. City Clerk RESOLUTION ADOPTING 2014 INITIAL POINT GALLERY SCHEDULE Page I of 6 EXHIBIT A 7 Meridian Commission Call for Artists: 2014 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 2014 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 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 will 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. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application Et 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 18, 2014. SELECTION PROCESS: The selection of art for the 2014 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 and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2014 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org RESOLUTION ADOPTING 2014 INITIAL POINT GALLERY SCHEDULE Page 2 of 6 Meridian Commission Application Et Acknowledgments: 2014 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ❑ 1 am submitting this application as an individual. ❑ 1 am submitting this application for this organization: ❑ 1 am submitting this application for an informal group: Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: Day: Evening: Cell: APPLICATION OVERVIEW: Check all that apply: ❑ 1/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ❑ I/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: Average size of 2D pieces: Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: ❑ Completed, signed Application it Acknowledgements Form. (Informal groups: each artist must sign separate form.) ❑ Biography of artist or informational statement regarding organization, no longer than one 8Y2 x 11" page; ❑ A letter of intent, describing: a. Artist/Organization/Group'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/Group 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/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7, in .jpg format. Please name each image file with organization name or artist's last 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 will 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 ('/a") 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. FIG. 1. D RING Picture Hu Ing with Two Cebles FIG. 2. BACK OF FRAME RESOLUTION ADOPTING 2014 INITIAL POINT GALLERY SCHEDULE Page 3 of 6 67 FIG. 3. 3D ART DISPLAY CASES RESOLUTION ADOPTING 2014 INITIAL POINT GALLERY SCHEDULE Page 3 of 6 ACKNOWLEDGMENTS: I, , 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 all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss 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 Hall 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 feel 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. Signature: Date: Print name: To propose an exhibition 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! MeridiatnAC4o mmission RESOLUTION ADOPTING 2014 INITIAL POINT GALLERY SCHEDULE Page 4 of 6 EXHIBIT B Meridian Commission 2014 INITIAL POINT GALLERY SERIES January 1/3/14 to 1/31/14 Reception 1/7/14 F 1 /31114 to 212814 Rtirf-214f March 2/28/14 to 3/28/14 Reception 3/4/14 Apr t ., 3/28/14 t61522114 4..., epton #4 May 5/2/14 to 5/30/14 Reception 5/6/14 June 5/30,114 to 6/27At Reception 6/3%14 July 6/27/14 to 8/1/14 Reception 7/1/14 Au1 8129/14 Rec+ p ".,,,,q/ . September September 8/29/14 to 10/3/14 Reception 9/2/14 1(/3/4 to 10131f14 eptic3n 1'14 November 10/31/14 to 12/5/14 Reception 11 /4/14 Gypsy Art Expressions Nampa Art Guild Laurel Lake McGuire Dwight and Barbara Williams Student 3-D Art anne Solberg RESOLUTION ADOPTING 2014 INITIAL POINT GALLERY SCHEDULE Page 5 of 6 EXHIBIT C RESOLUTION ADOPTING 2014 INITIAL POINT GALLERY SCHEDULE Page 6 of 6 as 3 .W , _ � 2�® � � � /\� � : � / , : -, 2/ `��2 2 � �6 «� ^� < w �\� �� � � � r� � . :� a >.: . � a .� < . ® .� » . ! / y � � <. �� .. � � r� ± ��� ��� . Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 5 ITEM TITLE: Items Moved From Consent Agenda PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E4 WLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: ECONOMIC DEVELOPMENT Economic Development: Fields District Consultant Presentation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: INFORMATION SERVICES DEPARTMENT Information Services Department: Strategic Plan Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: PARKS AND RECREATION Parks and Recreation: Meridian Parks and Recreation Partnership Policy MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DRAFT C��fERJDIAM, s Meridian Parks and Recreation Department ADMINISTRATIVE POLICY SUBJECT: PARTNERSHIPS BETWEEN PRIVATE OR PUBLIC ENTITIES AND THE CITY OF MERIDIAN PARKS & ,RECREATION DEPARTMENT PURPOSE: To define protocols and requirements for persons or organizations seeking to enter into partnership agreements with the City of Meridian for the construction, expansion, or improvement of amenities in existing or future City parks POLICY: I. Proposal submission. Any person or organization seeking to partner with the City shall prepare, and provide to the Parks and Recreation Department Director, a written proposal including each and all of the following, A. Proposer information — Who are you? 1. Name, physical and mailing address, phone number, e-mail address, and website of the person writing the proposal and of the entity he or she represents. 2. Corporate or organizational status, including non-profit or 501(c)(3) status, if applicable 3. Past history, current mission, and future goals of the organization, generally and as specifically applicable to proposed partnership with City 4. Fundraising experience B. Concept plan — What do you want to do? 1. Executive summary providing overview of the proposal and general description of proposed final objective 2. Detailed description, including drawings as appropriate, of the proposed site location, size, and features of the amenity 3. Suitability analysis of site for proposed amenity, including traffic, parking, safety, /''1 noise MPR ADMINISTRATIVE POLICY: PARTNERSHIPS PAGE 1 OF 1 DRAFT 4. Description of number and type of persons or population(s) that would be served by the proposed amenity; demographics and geographic locations; trends that will affect support or interest in the proposed amenity 5. Anticipated or proposed benefits to proposer upon completion — e.g., priority use of amenity, retention of interest C. Business plan — How do you plan to do it? 1. Overview of implementation strategy — phasing, timeline 2. Potential challenges and solutions 3. Marketing needs and strategies; target market; media to be used 4. Organization and management of the project from development to implementation; number, qualifications, and background of personnel; division of labor/responsibilities 5. Why proposer is uniquely qualified to succeed — track record, prior projects and successes, particularly as it relates to partnerships and similar ideas; community involvement; familiarity with Meridian community and local government; 6. Long-term or ongoing maintenance or other requirements and plan for addressing 7. Proposed role of City staff in process D. Phased and final cost estimates — How much will it cost? 1. Overview of funding requirements and costs for completion of proposed amenity, including materials, labor, installation, maintenance, insurance, other costs 2. Show us the money — How much funding is already secured, from what source(s)? 3. Description of any commercial advantage or benefit conferred on proposer in construction or installation of proposed amenity 4. Additional/potential/future sources of funding 5. Fundraising plan and timeline 6. Amount of monetary or in-kind contributions requested or required from City — initially, during implementation, long-term, and ongoing E. Acknowledgement of public records law. If the proposal contains trade secrets or personal information, a written notice to this effect must be included with the proposal. Proposers must be aware, that any and all information or documents submitted to the City MPR ADMINISTRATIVE POLICY: PARTNERSHIPS PAGE 2 OF 2 DRAFT of Meridian become public records. With some limited exceptions, the Idaho public records law requires that the City disclose public records in the City's custody to any person upon request. II. Analysis and follow-up. A. Viability assessment and contact. Within sixty (60) days of receipt of a complete proposal, the Parks and Recreation Department Director or designee will assess the potential viability of the partnership proposal and contact the proposer to discuss the proposal, giving consideration to each of the following factors: 1. Availability of funding (when and how much) from proposer; what funding or contribution would be required from City 2. Known or potential demand for proposed amenities within Meridian 3. Whether the partnership asks the City to add a new amenity to an existing park, to reprogram an existing park plan, or to accelerate implementation of an adopted plan 4. The proposed amenity's benefit to the community as a whole, particularly to underserved populations r„1 5. Increased demands on City services and staff time created by the partnership and by the proposed amenity 6. Potential risks and benefits to City under proposed plan 7. Established priorities and budget available for amenity development 8. Initial and ongoing costs and available resources, to City and to proposer 9. Ongoing maintenance or funding requirements of the proposed partnership and the proposed amenity 10. Availability of City resources to commit to partnership or proposed amenity 11. History of contributions by proposer to Meridian community B. Benchmarks. If the Director determines from his initial viability assessment and discussion with the proposer that a current or future partnership between the parties may be viable, the Director may conduct or seek independent research or review of the proposal to verify and assess the information set forth therein. The Director may also consult the Meridian Parks and Recreation Commission and/or Meridian City Council for input. elo� If, in the Director's discretion, moving forward is appropriate in light of his assessment of the written proposal, discussion with the proposer, independent review or research, and MPR ADMINISTRATIVE POLICY: PARTNERSHIPS PAGE 3 OF 3 ?O 1 W DRAFT Commission or Council input, the Director may establish benchmarks that will trigger renewed contact between the parties or further action by either party. As the established benchmarks are reached, the Director may require a progress report and/or new proposal updated with modifications to the proposer's goals or resources occasioned by benchmarks reached. Such benchmarks may include a measure of progress that indicates that the City and the proposer may begin negotiating a written partnership agreement. Unless and until a written partnership agreement is duly executed by the governing boards of both parties, the project should be considered an exchange of ideas, conceptual in nature, and neither the City nor the proposer should prematurely rely to its detriment on the relationship or on the representations of the other. No entitlement can be conveyed without a written instrument approved by City Council at an open meeting and signed by the Mayor. C. Partnership agreement. If the proposer attains a benchmark or measure of progress that indicates that it is appropriate to formalize the scope of the partnership, the Director, with the assistance of the City Attorney's Office, will negotiate a written agreement that establishes, as applicable, the parties' mutually -held and respective goals and commitments with regard to fundraising, construction, installation, operation, maintenance, and joint use of the amenity that is the subject of the partnership. MPR ADMINISTRATIVE POLICY: PARTNERSHIPS PAGE 4 OF 4 Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: POLICE DEPARTMENT Police Department: Budget Amendment for Awarded FY 2014 Traffic Enforcement Mobilization Grant for the Not -to -Exceed Amount of $45,100.00 MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS N64 1 i c 0 Z 0 E cu E w 41 41 E E CL) m E .3 cr a) m u to F - 4r Q m 0 fV LL AA. 0 ap cz on SW 4-1 Q) cr I IM E 11 MD C (D E M (D o 0 C E4) c wo 4) E , �,, a0) m 0 Mo C C c 0.0 0 CL 0, 0 0 5 E on"' > 0 o 0 E 0-0 m 0 c C o C 04 .5 t c E (D (D co c0) 'a > 0 = LU 0 in 0 M. 40. U. 42 a) m 2p 0 u 0 CD CL C) m 0 N 0 110— LU cn a) fu cr 0 to 0 -Ea m c w cu > 0 0 LL (D E E c < z WC: 0 Q co Cl. cc 0 CL Lt:!nj z 0 E Qj W L2 I as E 0)1 -01 a m W :3 .0 ............... 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Z N O ayU O COO C4 M tow o° C N N 0 v O 0 G 0 a d oo - CL avN NaICLI x ci LL C o' Q 17- U s N c G7; Ca v -t ca v 2 colcn 10 CL K G7; Ca N LLi C7 O d c � c S � N c d q E IFN O CL x w L' n 0 v , Q 4) E � N [� cmW C :5 a _ U 1 c 0 0 N E > y o 2 Z' v CL ca : [_ = i E c O c r CJ M V � F M c 60 x r3 Ow a' o U 0 O m Q o :UO E N a Q i LAZY 3 N qj E01 N (� UI Z CL x ci LL C o' Q a -L-1111-,L�o Y •Q Y G7; Ca N C7 O d c � c S � N c d q E IFN O CL x w L' n 0 v , Q 4) E � N [� cmW C :5 a _ U 1 c 0 0 N E > y o 2 Z' v CL ca : [_ = f E c O c r CJ M V � F M c Ow U O < Q :UO sO a Q LAZY Y •Q Y c Q N E m c � c S � N q E IFN O a 4 L' n 0 v x Q N � N [� cmW C :5 a _ U 1 c 0 0 N E > y o 2 Z' v CL ca : [_ = D E c O c r CJ M o V � F Y •Q Y r8WARV a ZERO FFY 2414 Funding Request DcArea !a TRAFFIC ENFORCEMENT MOBILIZATIONS Office of Highway Safety Agency Name: Meridian Police Departmentcontact person: Sgt. John Gonzales Street Address: 1401 E Watertower city: Meridian ST: ID Zip: 83642 Mailing Address 33 E Broadway City: Meridian ST: ID zip: 83642 fax: 208-846-7366phone: 208-888-6678 &mail: jgonzales@meridiancity.org - 7a/.\/61111!P •&nil■ 111 W U 3!M1T1rN1Z1 i■rt1■f lith Mobilization Description Mobilization Date Overtime Funds $ incentive Equipment $ 1. Impaired Driving November 17-29, 2013 1,500 2,000 2. Impaired Driving December 20, 2013 -Janus 3, 2014 3,000 . .......... _ 3,000 3. Impaired Driving March 15-22,2014 _ 1,500 2,000 4. Aggressive/Seat Belt April 11- 28, 2014 2,500 _ 5 000 _ _..........._....... _.._ _ _...._. — 5. Impaired / Aggressive May 1-15, 2014 _......... ....... _000_ ._._._.._.._:......_ .. ... 5,000 6. Seat Belt May 19 - June 1, 2014 2,500 5,000 7. Impaired June 28 -July 7, 2014 1 500 2,000 8. Aggressive/ Distracted July 18 — 28, 2014 ..... 4,000 Overtime Only 9. Seat Belt /Aggressive August 1-18, 2014 _..... 4,000 Overtime Only 10. Impaired Driving August ust 24 - September 5, 2014 3,000 Overtime Only 1.1. Special Event/Patrol#Contact Grants Officer Awarded per event Instructions: T '.t , ) % 2.q, 000, You can participate in one or more of the mobilizations listed and choose overtime or incentive reimbursement or both for each mobilization. Overtime Hours — Reimbursement to the agency for assigned officers' paid overtime and benefits for who participates in the mobilization. To estimate overtime funds: 1. Multiply regular hourly wage x 1.5 projected enforcement hours = total projected overtime. 2. Multiply total overtime x overtime benefit rate. 3. Add total OT and OT Benefit for the total OT funds. Incentive Hours — Reimbursement to agency for pre -approved equipment based on regular officer hours dedicated to the mobilization, Incentive is calcuiated by regular hours x $20 = total Incentive egwpment reimbursement benefit. *Special Event/Patrol - Events that, occur outside.of'the regularly scheduled mobilization i.e. rodeos, city celebrations, county fairs, etc... Contact a grants officer for further information and to receive approval. Upon approval of this funding request, you will receive a formal funding agreement from a Grants Officer authorizing your approved funding amounts, including the CFDA number. Rev 8/13 SUBMIT FORM TO: Office of Highway Safety PO Box 7129 Boise, ID 83707-1129 Phone: (208) 334-8100 Fax: (208) 334-4430 Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: POLICE DEPARTMENT Police Department: Budget Amendment for Awarded FY2014 Alive at 25 Grant for the Not -to -Exceed Amount of $56,078.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes _ CLERKS OFFICE FINAL ACTION DATE: E-IMLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS n 4 H i � ff EEEE � yy 3 Gam!' i C@9. u i � � 3 1 c � "C3 Qi 4 i f ca jj pp W E 41 42 ci. Yi M y�y E t I ca In ww, w € >tn 4 j CL y. �M cr Qjj j. 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CL M CL a W 00 r r w CL :a L C W E 9 LO 9 S, O w O to F c a) Cl r b4 O w N U o'a z f0 <0 Q� U Ulu— 0 0 N fn m o o c F U tY a O z o d ° N a m CQ Q to O o m V w J 0 a+ v J N (D F_ N N 0 0 O N O m 5I O 00 r w CL :a C W E LO S, to F c a) r b4 O w -r U o'a z f0 <0 Q� U Ulu— 0 0 m 5I O r CL LO S, r b4 tfY -r z Q� N fn o c tY O o ° N C Q O m V J v m 5I O 10'� FPY 2014 ALIVE AT 25 U- Alive at 25 certified law enforcement instructors raise awareness of the root causes of needless fatality crashes that plague young adults: poor decision-making, inexperience, risk-taking, drugged/drunk driving, distractions, speed and the failure to wear a seat belt through program presentations. These problems are addressed in class presentations to emphasize the acronym: Recognize the hazard Understand the defense Act correctly, in time Funding is utilized to address the following identified highway safety problems: • Youthful Drivers ages 15-19 years represent almost 6% of the licensed drivers in Idaho, yet they represent 11.2% of the drivers in motor vehicle -related fatal and serious injury crashes during 2012. In addition, the youthful driver fatal and serious injury crash involvement rate for 2012 indicate they are 2.8 times as likely as all other drivers to be in a crash. (Idaho Traffic Crashes 2012 Report) • In 2012 25% of youthful drivers involved in fatal crashes were impaired. (Idaho Traffic Crashes 2012 Report) • National and international research indicates youthful drivers are more likely to be in single vehicle crashes, make driver errors, speed, carry more passengers than other age groups, drive older and smaller cars, and are less likely towear seat belts. • Of the 60 teen passenger motor vehicle occupants killed in traffic crashes during the last three years, 55% were not buckled up. Data indicates 14 of 22 youthful passengers and 20 of 38 youthful drivers were not wearing seat belts (ITD crash data). The Alive at 25 program provides skills young adult drivers can utilize to prevent traffic crashes by raising awareness, being prepared for the unanticipated and responsibilities as drivers and passengers. Alive at 25 instructors strengthen community safety, work Toward Zero Deaths and keep families whole. FFY 2014 Authorized funding for certified instructor overtime to present the Alive at 25 program: Meridian Police Deoartment Alive at 25 overtime funding — V129710 $26,000 Coalition —Section 402 SYD1403 $ Soo Coalition — FHWA V139900 $24,250 Coalition — Match Letter $ 5,328 — Total ITD Funding Authorization $50,750 FFY 2014 Funding Authorization Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: COMMUNITY DEVELOPMENT Community Development: Transportation Update on Projects, Plans and Programs - Includes Update and Discussion About Upcoming Ustick Road Projects, Speed and Engineering Study Requests on State Highways, and Other Transportation Projects. MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS WE December 4, 2013 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager N RE: Transportation Update, December 2013 December 10th, 2013 City Council Workshop Agenda Item Below is a summary/update on some of the transportation and roadway projects City Staff has been involved with over the past couple of months. This is not an exhaustive list, but rather highlights some of the more important activities that have recently transpired (or are about to occur) in the transportation realm. Staff will be at the December 10th workshop to discuss some of these projects in more detail, but Staff does not intend on mentioning all of these projects during the meeting. Instead, please feel free to contact staff should you have any comments, concerns, or questions on any of these projects before, during, or after the workshop. KEYACHD CONSTRUCTION PROJECTS: Meridian Road and Main Street Split Corridor, Phase 2 (MSC2): On September 19th, the ribbon cutting ceremony was held and the MSC2 project was opened for traffic. Landscaping in the north curve area (Fairview/Main) and at the cross-over area (Ada/Main) is now complete. Except for the cross-over art piece, this project is complete. Franklin, Ten Mile to Linder: This project is substantially complete and the road is completely open. Ustick/Locust Grove and Ustick Locust Grove to Leslie: These projects (intersection and roadway widening) are moving into construction next month. C&A Paving was awarded the construction contract. Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 ■ Fax 208-888-6854 . www.meridiancity.org Page 2 Chinden and Ten Mile Intersection: Project includes installation of new 3 -leg signal and widening of all three legs for turn lanes. Power relocation and irrigation on west side of Ten Mile, storm drain, and improvement of two irrigation crossings under Ten Mile, are also part of the scope. Anticipated start of January — project is associated with new Wal- Mart at McMillian and Ten Mile. Pedestrian Proiects: • Linder Rd and W. Divide Creek — Installation of a Pedestrian Hybrid Beacon — Notice to Proceed 1/8/2014 • Cherry Lane and Todd Way - Pedestrian Hybrid Beacon. NTP 1/23/2014 • Linder Rd - Waltman St to Pintail Dr — Sidewalk installation on west side of Linder. NTP 4/23/2014 • Pine Ave, New Haven PI to Rotan Ave — Sidewalk installation on Pine, near Meridian High. NTP 5/5/2014 KEYACHD DESIGN AND STUDY PROJECTS Franklin, Black Cat to Ten Mile Road: This is a Federal=Aid project, programmed for construction in FY16 with the Franklin/Black Cat intersection. As part of the scoping of this project, detached sidewalks, a center median, and lighting were included. The ACHD Commission will discuss this project, specifically the medians, on January 22"d Ustick Corridor: There are several projects in the design -and right-of-way phases along Ustick Road.. There are plans to design and construct projects at the Ustick/Meridian intersection, and roadway widening projects for the segments between Locust Grove and Meridian and Meridian to Linder. Staff would like to discuss potential cost share elements of this project with the Council during the 12/10 workshop. Cost share elements are ACHD defined "non -transportation" components that the City may request ACHD include in a project, at City expense. -Elements may include: planter areas so sidewalks can be detached from the curb, landscaping, and street lights. McMillan, Locust Grove to Eagle: This project will widen McMillan Road to five lanes, with curb, gutter, sidewalk and bike lanes. It is being designed by ACHD and is at 95%. This project is currently planned for construction in FY2015. Ten Mile, Cherry to Ustick: This roadway widening project is designed and is currently in the right-of-way phase. Construction is scheduled for FY2015. Staff recently attended a Firelight HOA meeting to discuss concerns about the fence/berm/sidewalk/landscaping along Ten Mile Road. The homes along Ten Mile sit lower than the road and there is a privacy concern with pedestrians looking into back yards. Staff is working with ACHD and the HOA on additional screening measures. E. Td Street Extension: When ACHD recently adopted the 2014-2018 Integrated Five Year Work Plan, E. TO Street, from Carlton to Fairview, was listed as a project in the Economic Development Program. This project won't be constructed for a while (it is in PD) but some scoping for the project design should occur this year. Page 3 ITD PROJECTS Meridian Road Interchange (IC):.During the November 19th City Council meeting, the Council authorized the Mayor to sign an inter -agency cooperative agreement with ITD for this project. The City will be installing some aesthetic improvements (eg — landscaping and barrier rail art).The new interchange will reduce congestion, improve safety and make way for a fourth lane on 1-84. SH -55 (Eagle Road): Work will begin this fiscal year to add an additional southbound lane to Eagle Road, between River Valley and 1-84. There are actually two projects: Franklin to 1-84, Key #13473 and River Valley to Franklin, which is being done by The Village developer. Portions of sidewalk, a designated right -turn lane onto westbound I- 84, and other related improvements will be included. MERIDIAN TRANSPORTATION COMMISSION Eagle Road and Meridian Road Speed and Engineering Studies: During the November 4t MTC meeting, the Commission discussed speed limit concerns,for portions of Eagle Road and Meridian Road with Police Sargent John Gonzales and Kevin Sablan from ITD. At the end of that meeting the Commission asked staff to prepare a letter requesting ITD do speed and engineering studies on sections of those State Highways. A copy of that letter is attached. ITD will evaluate these roadway segments and reports back to the Commission in the next few months. If the Commission decides to propose any changes to speed limits (or other actions) staff will forward that recommendation on to Council for your consideration. Page 4 I November 4, 2013 Mr. Dave Jones District 3 Engineer Idaho Transportation Department 8150 Chinden Boulevard P.O. Box 9028 Boise, ID 83707-2028 RE: Eagle Road and Meridian Road Engineering Studies Dear Mr. Jones: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree Da,r€d Zaremba The Meridian Police Department has expressed concerns to the Meridian Transportation Commission regarding the posted speed limits along sections of SII -55 (Eagle Road) and SI -1-69 (Meridian Road). The Police Department and ITD Staff recently met with the Commission to discuss speed limits and safety on these highways. As a result, the Meridian Transportation Commission respectfully requests that District 3 analyze these two key corridors in Meridian and return to a future Transportation Commission meeting to share the results and recommendations. The Police Department reported that the recent construction of raised median islands on SH -55 (Eagle Road) has improved public safety by reducing the number of crashes on the highway. Enforcement postulates that crashes may be reduced further 'Mth adjustments to the posted speed limits. Several highway construction and retail development projects have recently been completed along the highway that may affect speed and safety. The Commission recognizes that there are additional highway projects planned for SH -55 (Eagle Road), but believes there may be safety benefits that result from an engineering study in the interim. The Commission requests an engineering study focusing on speed and safety on SH -55 (Eagle Road) between Interstate 84 and McMillan Road, with special attention given to the segment south of Fairview Avenue. The Meridian Police Department also expressed concern about safety on SH -69 (Meridian Road) south of I-84 to Victory Road. South of Victory Road, the land use patterns along Meridian Road are largely rural in nature. However, north of Victory Road, there are several urban developments and frequently used access points on Meridian Road. The posted speed limits vary from 55 mph to 35 mph in this short section. of highway. There is a desire to reduce the number of rear -end collisions on SI -I-69 (Meridian Road) that may be realized with changes to the posted speed limits, if justified through an engineering study. Page 5 le ' Dave Jones Page 2 Vire look forward to working with you and your staff in making SH -55 (Eagle Road) and SH -69 (Meridian Road) improved mobility corridors through engineering and enforcement of traffic laws. If you have any questions regarding the requests contained in this letter, please contact Sergeant John Gonzales, 846-7397, or Caleb Hood, 884-5533. Sincerely, R 'an Lancaster Chair, Meridian Transportation Commission Cc: Meridian City Council Meridian Transportation Commission Sgt. John Gonzales, Meridian Police Department Kevin Sablan, ITD Traffic Engineer r"1 Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: PUBLIC WORKS DEPARTMENT Public Works Department: 2013 Mutual Cooperation Agreement Between the City of Meridian and United Water Inc. MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E4MLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C E IDIAN16-, Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, PE Assistant City Engineer DATE: November 27, 2013 Mayor Tammy de Weerd City Council Membe"I Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: 2013 MUTUAL COOPERATION AGREEMENT BETWEEN THE CITY OF MERIDIAN AND UNITED WATER INC. I. RECOMMENDED ACTION A. Move to: 1. Approve the 2013 Mutual Cooperation Agreement between the City of Meridian and United Water Idaho Inc.; and 2. Authorize the Mayor to sign the agreement and City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Over the past 18 months, Public Works staff has been working cooperatively with United Water Idaho to develop a cooperative agreement that will allow the City of Meridian to protect its water supply and water rights interests, but also remove itself as a protestant of United Water's IMAP future needs water rights application. Like United Water, the City wishes to promote the concept of securing future access to water rights for municipal purposes. Page I of 2 n Public Works staff has worked through our water rights attorney, Charlie Honsinger, to develop the agreement and has coordinated review by the City's legal office. For a more detailed background and understanding of United Water's IMAP application, the City's protest of that application, and the development of the first cooperative agreement and this agreement, please see the attached memo from Honsinger Law. IV. LIST OF ATTACHMENTS A. Memorandum from Honsinger Law B. 2013 Mutual Cooperation Agreement Approved for Council Agenda: able f zAl h Date Page 2 of 2 Honsinger' Law, PLLC Charles L. Honsinger (208) 8636106 To: Tom Barry From: Charles L. Honsinger Date: November 20, 2013 s Re: Mutual Cooperation Agreement and United Water's IMAP Per your request, this memorandum discusses the background of the Integrated Municipal Application Package ("IMAP") filed with the Idaho Department of Water Resources ("IDWR") by United Water Idaho ("UWID") and the attached Mutual Cooperation Agreement that results in the settlement of the City of Meridian's protest to that package. 1. UWID Background UWID obtained many of its groundwater rights From the 1930s through the 1990s by applying for a new water right permit, drilling a new well, and diverting the water from the new well into its system instead of simply transferring its existing water rights from older wells into the new wells. As a result of this practice, IDWR records showed that UWID had water rights totaling a quantity much higher than it actually diverted, needed or used. The initiation of the Snake River Basin Adjudication ("SRBA") raised the possibility that a large portion of UWID's water rights would be forfeited. It is my speculation that this possibility first enticed UWID to file the IMAP. 2. IMAP UWID originally Bled IMAP in an attempt to change the descriptions of its water rights to address certain primary concerns, including: A. The creation of a "Permissible Place of Use" within which any of its water rights could be used at any time. B. Making all of its wells points of diversion for each of its water rights, so that any of its water rights could be diverted from any of its wells. C. Perhaps most importantly, UWID desired to establish a "planning horizon" under the Municipal Water Rights Act so that it could hold unused water rights without fear of forfeiture as "reasonably anticipated future needs" for the period of the planning horizon (which UWID proposed be 50 years). P.O. Box 517 Boise, Idaho 83701 Fax: (208) 908-6085 Email: honsingerlaw(i?gniaii.com le� Tom Barry Mutual Cooperation Agreement and IMAP Memo November 20, 2013 Page 2 3. Litigation over IMAP Numerous entities protested UWID's IMAP for various reasons - most of which were related to the perception that the application was an attempted "water grab." The City of Meridian was like any other entity, and protested the application for the same reason, but was also concerned that the proposed transfer might result in injury to some of its existing water rights. Heated litigation ensued - primarily driven by surface water users. The City settled with UWID in agreements that protected the City's water rights from overreaching by UWID. However, such agreements were dependent upon certain actions by IDWR that never took place. Eventually, IDWR delayed the IMAP until the elements of UWID's water rights had been properly determined in the SRBA - leading to an approximately 8 -year stay in the IMAP proceedings. 4. Settlement after SRBA In the SRBA, much of what UWID requested in its IMAP filing was decreed by the SRBA District Court. This resulted in the "cooling down" of the litigants in the IMAP case as it became active again after the SRBA. The City has continued to negotiate with UWID as the original settlement agreements it entered into were ineffective after the SRBA. The negotiations with UWID have resulted in the Mutual Cooperation Agreement between the two parties. Important aspects of this Agreement are as follows: A. The City supports UWID's quest for a 50 year planning horizon through IMAP for its water rights, and the parties agree it is appropriate for IDWR to reevaluate UWID's "future needs" for water rights within that 50 year period when new data becomes available. B. The City and UWID will each notify the other when either submits an application for a new water right, transfer, or to deepen or otherwise alter an existing well. C. To address potential well interference between the parties, both agree to notify the other if they take any action to increase diversions from a well that is within one mile of the service area of the other, and agree to provide historical pumping records from that well so that the potentially injured party can evaluate whether it should protest such actions before IDWR. Tom Barry Mutual Cooperation Agreement and IMAP Memo November 20, 2013 Page 3 D. UWID will not oppose the City's application to designate its service area as an "area of drilling concern" requiring heightened drilling oversight by IDWR to protect the City's water supply. E. The City will change its status from that of a "protestant" in the IMAP proceeding to that of an "intervenor" so that it can monitor the process and determine whether it wants to make its own similarfuture filing. I believe this summary meets your request. I would be happy to meet with any City personnel to discuss these issues at any time. Please feet free to contact me with concerns and questions. 11—\ 2013 MUTUAL COOPERATION AGREEMENT BETWEEN THE CITY OF MERIDIAN AND UNITED WATER IDAHO INC. The City of Meridian ("Meridian") and United Water Idaho Inc. ("United Water") (collectively "Parties") enter into this Mutual Cooperation Agreement ("Agreement"), RECITALS 1. IMAP proceeding. On May 4, 2001, United Water filed a set of applications with the Idaho Department of Water Resources ("IDWR") entitled In the Matter of'Integrated Municipal Application Package ("IMAP') of United Water Idaho Inc., Being a Collection of Individual Applications for Transfers of Water Rights and Applications for Amendment of Permits. The IMAP is intended to quantify United Water's reasonably anticipated future needs ("RAFN") pursuant to the Municipal Water Rights Act of 1996 and thereby to protect its existing portfolio of rights from forfeiture during its planning horizon. The IMAP also seeks to integrate United Water's water rights portfolio by making each of its wells an alternate point of diversion ("APOD") for every water right. 2. Protests. The City of Meridian and others protested United Water's IMAP application. 3. 2003 Stipulation. United Water, the City of Meridian, and the City of Caldwell, executed a Stipulation and Withdrawal of Protests of the City of Merldian and the City of Caldwell (the "2003 Stipulation"). The 2003 Stipulation is dated November 24, 2003 and was filed with IDWR in the IMAP proceeding on that day. 4. 2003 Agreement. United Water, the City of Meridian, and the City of Caldwell also entered into a Mutual Cooperation Agreement dated November 24, 2003 2013 MUNICIPAL. COOPERATION AGREEMENT Page 1 of 8 1895195_9 / 30.147 /'1 ("2003 Agreement"). Although dated and made effective as of November 24, 2003, the 2003 Agreement was executed by United Water on January 22, 2004, by the City of Meridian on February 10, 2004, and by the City of Caldwell on February 20, 2004. 5. Prior Agreements did not become effective. The 2003 Stipulation and the 2003 Agreement are referred to collectively as the "Prior Agreements." The Prior Agreements were intended to frilly settle and withdraw protests filed by the City of Meridian and the City of Caldwell in the above -referenced matter. However, the Prior Agreements were conditioned upon certain actions and approvals by IDWR. Those actions and approvals have not occurred as of the date of this Agreement. 6. IMAP stay and relaunch, The IMAP was stayed by order of IDWR on December 18, 2003. On July 6, 2012, nearly a decade later, following issuance of partial decrees to United Water in the Snake River Basin Adjudication ("SRBA"), IDWR approved United Water's motion to lift the stay in the IMAP proceeding. 7. Shared goals for long term planning. The City of Meridian and United Water have common goals and interests with respect to implementation of the 1996 Municipal Water Rights Act, Both Parties believe that sound and effective long range planning for municipal water supplies, based on full disclosure and public scrutiny, is in the public interest and in their common best interests. The Parties support the standard condition language for APODs (alternate points of diversion) that was approved by the Idaho Supreme Court in City of Pocatello v. Idaho, 152 Idaho 830, 275 P.3d 845 (2012). This language allows municipal providers to pump ground water associated with any water right from any authorized point of diversion, while protecting other water right holders from material injury. The Parties support the concept of long term planning over a 50 -year 2013 MUNICIPAL COOPERATION AGREMIENT 1895185_8 1 30.147 Page 2 of 8 planning horizon with appropriate justifying data. The Parties agree that if municipal water providers are allowed to hold water rights free from forfeiture to meet RAFN over a multi -decade planning horizon, it is appropriate for IDWR to impose a condition allowing projected water needs for RAFN to be periodically re -quantified (but not more than once a decade) in light of current conditions. The Parties agree that when such re -quantification of RAFN occurs the municipal provider should be allowed to extend its planning horizon for up to 50 years from that point in time and retain those water rights (and their original priority dates) that continue to be required to meet RAFN under the extended planning horizon based on appropriate justifying data. The Parties further acknowledge and support provisions in the Municipal Water Rights Act of 1996 requiring a municipal provider to establish that it qualifies as such. In particular, the Parties acknowledge and support those provisions (contained in I.C. § 42-222) prohibiting the sale of water rights (or portions thereof) held solely to meet RAFN where such rights will be transferred to a different nature of use or to uses outside of the municipal provider's service area. The Parties recognize that these restrictions are not intended to prohibit the exchange or transfer of water rights held for RAFN purposes to accommodate adjustments in service area boundaries between municipal providers. 8. Support for the IMAP and similar RAFN applications. In light of the Parties' shared goals described above, the City of Meridian has expressed its good faith intent to play a supportive role with respect to United Water's IMAP application and similar applications in the future. Likewise, United Water has expressed its good faith intent to be supportive of similar long term RAFN applications that may be filed by the City of Meridian in the future. 2013 MUNICIPAL, COOPERATION AGRUMGNT 18951853 1 30.147 Page 3 of 8 9, Parties' intent to supersede Prior Agreements and to resolve IMAP protest. The Parties have decided to change the terms of settlement contained in the Prior Agreements and wish to execute this Agreement, which will completely supersede and replace the Prior Agreements as between the Parties. 10. Mutual cooperation. In addition to resolving the City of Meridian's IMAP protest, this Agreement addresses other areas of mutual cooperation. In the past, the Parties have worked cooperatively with each other to improve levels of communication, and to understand water supply issues and other areas of mutual concern. This Agreement coniums and reaffirms that spirit of cooperation. These terms are intended to facilitate cooperation and to avoid surprise, conflict, and injury with respect to water rights and water supply. TERMS OF AGREEMENT 11. Withdrawal of protest. In light of the Parties' common interests as described in the recitals above, the City of Meridian agrees to file appropriate document(s) requesting to change its status in the IMAP proceeding from protestant to intervenor. The document(s) will explain that the City of Meridian wishes to realign its party status because it no longer "protests" the IMAP and that it wishes to remain a party to the proceeding in order to protect its interests and to express its general support for the IMAP. United Water agrees not to oppose the City of Meridian's request to change its status. 12. Advance notification of water right applications. The Parties agree to advise each other at least four weeks in advance prior to filing any application with IDWR, The term "application" includes all applications involving water rights, permits, and related matters except as provided in this paragraph. This includes any application to 2013 MUNICIPAL CoomRATION AGRr-EMENT Page 4 of 8 19951858 1 30.147 AW appropriate water, to transfer or change the elements of an existing water right, to amend an existing permit, to effect an exchange of water right, to implement a mitigation plan, to create a ground water district, to create or modify a ground water management or critical ground water area, to impose any type of administration of water rights, to initiate a rulemaking, or to initiate any other proceeding or seek any other relief. However, the term "application" does not include a protest or similar objection by a Party as to an application of any sort filed by a third party. Nor does the term include an application by a Party for lease or rental of a water right. The term "application" does not include communications with IDWR to correct clerical errors, to address other ministerial matters, or to seek guidance or clarification on regulatory matters. Finally, the term "application" does not include discussions or actions on legislative, regulatory, or other public policy matters. /-IN Following notification of intent to file an application and upon request by the other Party, the applicant shall meet with the requesting Party to discuss the application. If a Party fails to provide advance notice as required by this paragraph, the approval of any application made without the required notification shall be voidable, but only if the objecting Party serves a demand letter upon the applicant within 30 days of learning of the breach and no accommodation is reached despite good faith efforts of the Parties to address the legitimate concerns of each other. This Agreement does not prohibit the Party from filing a similar application in the future, which shall be subject to the same notice requirements. This remedy does not limit any other legal or administrative remedy available to the other Party to address material injury. 13. No opposition to application to designate area of drilling concern. United Water has reviewed the draft City of Meridian Request to the Director of the 2013 MUNICIPAL COOPERATION AGREEMENT 199SISS 8 / 30.147 Page 5 of 8 �1. /'1 Department of Water Resources for Designation of an Area of Drilling Concern Within its Area of Impact. United Water agrees that the request is appropriate and will not oppose the application, 14, Notification prior to reconstruction, deepening, or redrilling of any well. Before any Party reconstructs, deepens, or redrills any well within one mile of a service area boundary shared with the other Party, it shall advise the other Party of its intent. If requested, the Party undertaking the reconstruction, deepening, or redrilling shall provide to the requesting Party a copy of pumping records for the well for the previous five years (to the extent such records are available). If the advance notice required by this section is not provided, the Party undertaking the reconstruction, deepening, or redrilling shall be limited to diverting from the reconstructed, deepened, or redrilled well only at a diversion rate and annual volume that are no greater than the amount diverted prior to the reconstruction, deepening, or redrilling. This remedy is available only if the objecting Party serves a written demand upon the Party failing to provide the notice within 30 days of learning of the breach and no accommodation is reached despite good faith efforts of the Parties to address the legitimate concerns of each other. 15, Notification prior to diverting water at a rate exceeding its associated original water right. For wells within one mile of a service area boundary shared with the other Party, before any Party diverts water at a rate greater than the diversion rate authorized by the original water right associated with a well, the Party shall advise the other Party of its intent. If requested, the Party proposing to divert additional water shall provide to the requesting Party a copy of pumping records for the well for the previous five years (to the extent such records are available). If a Party fails to provide advance notice as 2013 MUNICIPAL COOPERATION AGREEMENT 189518.5_8 1 30.147 Page 6 of 8 /*-,*N required by this section, the Party diverting additional water shall be limited to pumping water from such well at a rate no greater than the diversion rate authorized by the original water right associated with that well. This remedy is available only if the objecting Party serves a written demand upon the Party failing to provide the notice within 30 days of learning of the breach and no accommodation is reached despite good faith efforts of the Parties to address the legitimate concerns of each other. 16. Cooperation and communication. In order to facilitate and enhance cooperation and communication between the Parties, the Parties agree to meet informally at least once a year or more often at the request of either Party. These meetings are intended to provide an ongoing opportunity for constructive dialog on issues of mutual concern regarding water supply infrastructure, public policy, and long term planning to meet the municipal water needs of their customers. These meetings will be attended by top level Idaho staff of the respective Parties and such others as the Parties may invite. This provision reflects the Parties efforts to improve lines of communication, but noncompliance with this provision shall not be deemed a breach of this Agreement. 17. Legal counsel. In negotiating this Agreement, the Parties have consulted and been represented by their respective legal counsel. In this matter, the City of Meridian is represented by Honsinger Law, PLLC, and United Water is represented by Givens Pursley LLP. 18. Modification. This Agreement may be modified by the Parties by mutual Agreement at any time. To be effective, such modifications shall be memorialized in writing or by an exchange of emails, or by a mutually executed document. 2013 MUNICIPAL COOPERATION AGREEMENT 1895185_8 / 30.147 Page 7 of 8 10-111-1 11� 19. Effective date. This Agreement shall be effective as of the last date shown on the signature blocks below. 20. Renewal. This Agreement shall remain in effect for twenty-five years from the effective date, and may be renewed thereafter for additional ten year periods upon agreement of the Parties. The undersigned have read this Agreement and agree to its terms. THE CITY OF MERIDIAN. Date: --- -1110 /13 — By; Tammyeerd Mayor UNITED WATER IDAHO INC. Date: November 1 2013 By: GregorP'e y Vice Pand G ral Manager 2013 MUNICIPAL COOPERATION AGREEMENT 18951858 / 70.147 Page 8 of 8 Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: LEGAL DEPARTMENT Legal Department: Request to set Hearing on an Appeal of an Impact Fee Administrator's Decision on an Impact Fee Individual Assessment Request. MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS /"\ 1'"0N City Attorney/HR Department 33 E. Broadway Ave., Suite 308 MAYOR Phone: 898-5506 Tammy de Weerd Fax: 884-8723 CITY COUNCIL MEMBERSWilliam L M. Nary Keith Bird ► City Attorney/HR Director David Zaremba x Ted W. Baird Brad Hoaglun Charles M. Rountree Deputy City Attorney Emily Kane Deputy City Attorney TO: Mayor De Weerd and Members of the City Council FROM: Ted Baird, Deputy City Attorney RE: Request to set Hearing on Appeal of Impact Fee Administrator's Decision December 5, 2013 BACKGROUND: On December 5, 2013, the Meridian Development Impact Fee Administrator (Stacy Kilchenmann) issued a written determination denying the request of WH Moore Company (fee payer) for a reduction in the Parks and Recreation Development Impact Fee for the Red Tail Apartments (Red Wing Sub). LEGAL FRAMEWORK AND REQUEST FOR APPEAL: Pursuant to section 10-7-10 of the Meridian City Code, the fee payer may request an appeal of the Fee Administrator's decision. The hearing authority shall be the City Council's "designee." The fee payer has requested that the City Council designate itself as the hearing authority and has further requested that the appeal be held at the regularly scheduled City Council meeting on December 17th, 2013. Staff is supportive of this request. RECOMMENDED ACTION: That the City Council consider a motion to hear the appeal on December 17, 2013. Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: HUMAN RESOURCES Human Resources and Legal: Social Media Policy and Social Media Procedure MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-NUIILED TO STAFF SENT TO. AGENCY SENT TO APPLICANT NOTES INITIALS W DRAFT CITY OF MERIDIAN STANDARD OPERATING POLICY NUMBER F � ; SUBJECT: SOCIAL MEDIA POLICY PURPOSE: To establish guidelines for the use of social media by the City of Meridian ("City") and its employees. The City of Meridian has an overriding interest and expectation in deciding what is "spoken" on behalf of the City on City social media sites. SUMMARY: City social media sites may be established only in full compliance with this policy and City of Meridian Standard Operating Procedure no. The City may monitor employees' personal use of social media and require adherence to the provisions of this policy in such use. AUTHORITY & RESPONSIBILITY: The following policy shall apply to all employees in their personal and work-related use of social media sites; supervisors and department heads shall ensure compliance with this policy within their respective departments. I. DEFINITIONS A. Social media site: A publicly accessible online publishing application, technology, or website that provides information to the public via subscription, reference, network, or drop-in. A social media site may provide a forum by which individuals may post comments or other information. Examples of social media sites include blogs, podcasts, Delicious, ExposureRoom, Facebook, Flickr, Google +, LinkedIn, MySpace, RSS, Second Life, Twitter, and YouTube. B. City social media site: A social media site that: a) is established or administered by the City or by a City employee acting in his/her professional capacity; b) is held out to be representative of, or held out to be established or used by, the City, or any department, employee, commission, or component thereof; c) utilizes a City name, title, logo, or other indicia of City endorsement, establishment, or administration of such social media site. C. Non -City social media site: A social media site established or used by a City employee acting in his/her personal capacity. II. ESTABLISHMENT AND ADMINISTRATION OF CITY SOCIAL MEDIA SITES A. Any employee's establishment and administration of a City social media site shall follow, in all respects, City of Meridian Standard Operating Procedure no a, including, but not limited to, obtaining prior approval from the Mayor and the City of Meridian 1400� Communications Manager. The failure to follow any component of City of Meridian Standard Operating Procedure no. M may result in disciplinary action. DRAFT B. The Mayor may order City employees to wholly remove City social media sites that are established or administered in violation of City of Meridian Standard Operating Procedure no 22. The failure to remove a City social media site in accordance with such order may result in disciplinary action. C. City employees or officials using or administering City social media sites shall conduct themselves at all times as a representative of the City and in accordance with all City policies. A failure to do so may result in disciplinary action. III. CITY EMPLOYEES' USE OF NON -CITY SOCIAL MEDIA SITES A. City employees or officials using personal or non -City social media sites should be aware that all social media sites are or may be accessible to the public, including to other City employees and officials. B. City employees or officials shall not use personal or non -City social media sites in any way that may adversely affect his or her employment, workplace and/or that of other City employees, including, but not limited to, bullying, gossiping, sexual harassment, abuse of City or other public resources, violation of City policies, or illegal activity. Such use of a personal or non -City social media site may result in disciplinary action. C. Where a City employee or official, acting in his/her personal capacity, wishes to use or comment on a City or Non -City social media site: a) regarding work or subjects associated with the City, or b) where such employee is or would reasonably be believed to be speaking in his/her professional capacity as a representative of the City, the provisions of this and other City policies shall apply and where necessary, the following disclaimer should.be used: "The postings on this site are my own and do not necessarily represent the positions or opinions of the City of Meridian." D. City employees or officials shall not access or use personal or non -City social media sites in a manner that causes loss of productivity during working hours. DRAFT CITY OF MERIDIAN STANDARD OPERATING PROCEDURE NUMBER E SUBJECT: SOCIAL MEDIA PROCEDURE PURPOSE: To establish procedures for City employees to follow in establishing, administering, and using City social media sites. SUMMARY: City social media sites may be established only in full compliance with this procedure, and must be monitored and maintained to ensure responsiveness, fairness, and compliance with the terms of use. AUTHORITY & RESPONSIBILITY: The following procedure shall apply to all employees in their personal and work-related use of social media sites; supervisors and department heads shall ensure compliance with this policy within their respective departments. I. DEFINITIONS A. City social media site: A social media site established or used by the City or by a City employee acting in his/her professional capacity. B. Comments: Information, commentary, dialogue, links, pictures, videos, and/or other forms of communicative content posted on a social media site. C. Non -City social media site: A social media site established or used by a City employee acting in his/her personal capacity. D. Site Administrator: The City employee or official designated to establish, monitor and maintain a City social media site. E. Social media site: A publicly accessible online publishing application, technology, or website that provides information to the public via subscription, reference, network, or drop-in. A social media site may provide a forum by which individuals may post comments or other information. Examples of social media sites include blogs, podcasts, Delicious, ExposureRoom, Facebook, Flickr, Google +, LinkedIn, MySpace, RSS, Second Life, Twitter, and YouTube. F. User: Any person who accesses, views, follows, likes, links to in any manner, and/or posts comments on a City social media cite. II. ESTABLISHMENT OF CITY SOCIAL MEDIA SITES A. No employee, City department, commission, or any other person shall establish a City social media site without prior approval by the Mayor and the City of Meridian Communications Manager. DRAFT B. Persons seeking to establish a City social media site shall submit to the Communications Manager a written proposal, which shall include the following information: 1. The purpose of the account and site; 2. The City employee(s) or official(s) designated to establish, monitor and maintain the site; 3. Whether Users may post comments or messages on or through the site, and if so the schedule and plan for reviewing and following up on such comments; and 4. The proposed approach to removal of any comments pursuant to this policy. C. All City social media sites shall be administered or overseen by a Site Administrator designated by the director of the department creating the new social media site. Upon creation of the site, the Site Administrator shall provide to the Communications Manager all login information and passwords necessary to administer the social media site, and shall provide any updated login or password information to the Communications Manager. Upon separation from City employment, the Site Administrator shall provide to the Communications Manager all login information and passwords necessary to administer the social media site, and shall relinquish and transfer all administrator rights to the Communications Manager. D. The Mayor may require that a City social media site be wholly removed, though removal of individual messages may occur only pursuant to the criteria and procedures set forth in this policy. E. A Terms of Use Statement (see Appendix A) shall be prepared for each City social media site. Where ever possible, the Terms of Use Statement must be displayed or made available by hyperlink on each City social media site. III. CITY'S USE AND MAINTENANCE OF CITY SOCIAL MEDIA SITES A. All City social media sites shall adhere to applicable federal, state and local laws, regulations and City policies. B. All City social media sites shall make clear that they are maintained by the City. C. The City of Meridian's website at http://www.meridiancity.org will remain the City's primary and predominant internet presence. Wherever possible, City social media sites should link back to the official City of Meridian website for information, documents, online services and other information necessary to conduct business with the City of Meridian. D. The site administrator shall respond within one working day to all comments or posts in which a User asks a question or requesting feedback. When the site administrator DRAFT /`1 responds to a comment, in his/her capacity as a City of Meridian employee, the employee's name and title should be made available, and the employee shall not share personal information about himself or herself, or other City employees. E. The Communications Manager shall monitor content on all City social media sites to ensure adherence to these procedures, consistency with the interests and goals of the City of Meridian, and enterprise -wide consistency in messaging and information across platforms and site administrators. F. Content posted by the City and comments posted by Users on City social media sites contain records of subject to the Idaho Public Records Act. Any content posted or maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure. G. The site administrator or Communications Manager may remove and/or restrict comments containing or uploading any of the following inappropriate forms of content, including: 1. Content that is deemed in violation of the City's Social Media Policy, these terms of use, the terms and conditions of use of [Name of Site] or any applicable federal, state or local law; 2. Profane, obscene, indecent, violent, or pornographic content; 3. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; 4. Defamatory or personal attacks; 5. Threats to any person or organization; 6. Encouragement or incitement of illegal activity; 7. Information that may tend to compromise the safety or security of the public or public systems; 8. Content that violates a known legal ownership interest, such as a copyright, of any party; or 9. Any content that contains or perpetuates a virus, corrupted file, or other defect or program that may cause damage. H. Any comments removed based on these guidelines must be retained by the site's administrator in accordance with the City's records retention schedule. The time, date and identity of the poster, may be retained with this record whenever available. I. City employees or officials using or administering City social media sites shall conduct themselves at all times as a representative of the City and in accordance with all City policies. DRAFT APPENDIX A TERMS OF USE STATEMENT Terms of Public's Use of [Name of Site] This [type of social media] is intended to [description of purpose]. Any comment or materials posted by a User of this site may be attributed only to that User, and does not necessarily reflect the positions or opinions of the City of Meridian, its employees or officials. The City of Meridian does not warrant the accuracy of any statement or claim made here, is not responsible for any User -generated content, and does not endorse any opinion expressed here. All Users must comply in all respects with [name of social media site]'s and the City of Meridian's Terms of Public's Use of City Social Media sites. The following terms of use shall also apply: 1. The City seeks to serve all of its constituents by hosting an open but civil dialogue. Reasonable arguments for opposing views are encouraged. 2. Users shall have no right of privacy on the City's social media sites, as such sites may be or contain public records subject to disclosure pursuant to the Idaho Public Records Act and the City's records retention schedule. 3. A comment posted by a member of the public on any City social media site is the opinion of the commentator or poster only. Publication of a comment does not imply endorsement of, or agreement by, the City of Meridian, nor do such comments necessarily reflect the opinions or policies of the City of Meridian. 4. Comments should relate to the topic being discussed in the original post, should not contain random or unintelligible information or text, and should not be wholly an advertisement of commercial products or services. 5. Comments containing or uploading any of the following inappropriate forms of content are subject to removal and/or restriction: a. Content that is deemed in violation of City policy, these terms of use, the terms and conditions of use of [Name of Site], or any applicable federal, state or local law; b. Profane, obscene, indecent, violent, or pornographic content; c. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; d. Defamatory or personal attacks; e. Threats to any person or organization; f. Encouragement or incitement of illegal activity; g. Information that may tend to compromise the safety or security of the public or public systems; h. Content that violates a known legal ownership interest, such as a copyright, of any party; or i. Any content that contains or perpetuates a virus, corrupted file, or other defect or program that may cause damage. 6. All use of this site shall be bound by the [Name of Site] terms and conditions of use. Where appropriate, City may report any violation of such terms and conditions to [Name of Site]. 7. These terms may be revised at any time. 8. A User's submission, posting, or other publication of a comment constitutes acceptance of these terms. Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION E4WLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 10, 2013 ITEM NUMBER: 8 PROJECT NUMBER: ITEM TITLE: EXECUTIVE SESSION Executive Session Per Idaho State Code 67-2345 (1) (c) (f) : (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E41AILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS SETTLEMENT AND MUTUAL RELEASE AGREEMENT This Settlement and Mutual Release Agreement ("Agreement") is made as of the last date written below the signatures of the parties ("Effective Date") by and between Bittercreek Meadows Subdivision Homeowners Association, Inc. ("HOA"), Tim Kelly ("Kelly"), and the City of Meridian ("City"). ). 1. BACKGROUND. The HOA and Kelly commenced an action in the District Court for the Fourth Judicial District of the State of Idaho, in and for the County of Ada, case number CV -OC -12-05319 (the "Lawsuit") against JLJ Enterprises, Inc. ("JLJ"), Bittercreek Meadows Water & Sewer Users Association, Inc. (`BWSA"), James L. Jewett ("Jewett"), Renascence Properties, LLC ("Renascence"), and the City. The HOA and Kelly (collectively "Plaintiffs") desire to compromise and settle the Lawsuit, as between Plaintiffs and the City, to settle any and all claims and disputes existing between Plaintiffs and the City and to mutually release each other, all according to the provisions of this Agreement. 2. SEWER CONNECTION. The City, at the City's sole cost and expense, shall connect lots 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26, Block 1 of the Bittercreek Meadows Subdivision, according to the official plat thereof recorded on the 26th day of May, 2006, in Book 95 of Plats at pages 11674 through 11677, as instrument No. 106083883, records of Ada County, Idaho, as amended by Amended Plat of Bittercreek Meadows Subdivision, recorded on June 27, 2006 in Book 95 of Plats at pages 11732 through 11735, as Instrument No. 106102994, records of Ada County, Idaho (collectively the "Lots"), to municipal sewer service provided by the City of Kuna so that after connection, waste water effluent from the Lots flows to Kuna's waste water treatment plant without further treatment, cost (other than the typical monthly service fee charged by the City of Kuna to other residential dwellings within Kuna city limits), testing, or construction by the HOA and/or the members of the HOA and the members of the HOA can receive sewer service from the City of Kuna by agreeing to pay the typical monthly service fee charged by the City of Kuna to other residential dwellings within Kuna city limits. The date when the City has completed connecting the Lots to municipal sewer service provided by the City of Kuna and the members of the HOA can receive sewer service from the City of Kuna by agreeing to pay the typical monthly service fee charged by the City of Kuna to other residential dwellings within Kuna city limits is herein referred to as the "Connection Date". Connection to municipal sewer service provided by the City of Kuna includes, but is not limited to, payment of all connection fees, conveyance fees and other charges for connection, all construction work necessary to connect the Lots to Kuna's waste water treatment plant and the restoration and repair of all improvements within the Bittercreek Meadows Subdivision disturbed by such construction. In no event shall the HOA and/or the members of the HOA be required to consent to annexation by the City of Kuna and the refusal of the HOA and/or the members of the HOA to annex into the City of Kuna shall not relieve the City from its obligations set forth in this Section. The HOA agrees that the City may, but is not obligated to, provide the sewer services to the Lots as set forth in this Section provided such sewer service is on the same terms and conditions as required to be provided by the City of Kuna. 3. SEWER MAINTENANCE AND OPERATION. From and after the Effective Date until the date the City of Kuna agrees to assume the operation, maintenance, repair, and replacement of the Sewer Lines (as hereafter defined), the City, at the City's sole cost and expense and without reimbursement from the HOA or the members of the HOA, agrees to operate, maintain, repair, and replace the Sewer System (as hereafter defined) in accordance with applicable law. For purposes of this Agreement, the "Sewer Lines" mean all sewer lines serving the Lots except the portion of the sewer line within a Lot providing service just to that Lot. By way of example, within Lot 2 there is a sewer line serving both Lot 1 and Lot 2. The portion of the sewer line serving both Lot 1 and Lot 2 is a Sewer Line but the portion of the sewer Settlement and Mutual Release Agreement - 1 45406.0001.6120430.7 line serving just Lot 1 or just Lot 2 is not a Sewer Line. For purposes of this Agreement, the "Sewer System" means all Sewer Lines, the sewer lagoon pond to which the Sewer Lines connect, the sewer lagoon pond liner, the fencing surrounding the sewer lagoon pond and all other appurtenances to the Sewer Lines and/or sewer lagoon pond to which the Sewer Lines connect. 4. TITLE TO BWSA ASSETS. The City hereby quit claims to HOA any right, title or interest the City may have to any and all assets of the BWSA including, but not limited to, Lot 7, Block 1 of the Plat of Bittercreek Meadows Subdivision, the well located on Lot 7, all equipment associated with the well, and water right Permit No. 63-31957. 5. ANNUAL INSPECTION OF BIOMICROBIC UNITS. From and after the Effective Date until the Connection Date, the City, at the City's sole cost and expense, agrees to pay for the annual inspection of each biomicrobic unit located on the Lots as required by applicable law. The City shall pay for such inspections directly to Idaho Residential Wastewater Treatment Services, Inc. on behalf of each Lot owner beginning the July 2014 -June 2015 billing year. In the event the City receives any correspondence from Idaho Residential Wastewater Treatment Services, Inc. directed to the Lot owners other than billing, the City shall forward these to the HOA address identified in Paragraph 17 of this Agreement. 6. LICENSE. The HOA hereby conveys to the City a license to enter upon all lots within the Bittercreek Meadows Subdivision to perform the obligations of the City undertaken in this Agreement. The license will remain in effect for so long as the City has obligations under this Agreement. 7. ATTORNEY FEES. The City agrees the HOA. and Kelly are entitled to reasonable attorney fees and costs as the prevailing party pursuant to the Water and Sewer Agreement (as defined in Section 10) in an amount to be fixed by the Court pursuant to Idaho Rule o€.Civil Procedure 54. The City, HOA and Kelly have been unable to reach agreement on the amount of attorney fees and costs due the HOA and Kelly. Therefore, the City, HOA and Kelly agree to submit the matter to the court as part of the resolution of the Lawsuit. The parties to this Agreement specifically authorize and hereby direct their respective counsel to promptly after the Effective Date file with the court such motions, memoranda in support or opposition of such motions and supporting affidavits and pleadings and request the court to determine the amount of attorney fees and costs the HOA and Kelly are entitled to as the prevailing party. 8. PAYMENT OF UP TO $28,856.23. Providing the City receives adequate income from assessments to require such payment, JLJ could be owed the sum of up to $28,856.23 from the City pursuant to the terms of that certain Cooperative Construction and Reimbursement Agreement 12 -Inch Water Main from the Intersection of Overland and Linder Roads West Approximately 5000 Feet dated March 12, 2009 (the "Reimbursement Agreement"). JLJ has assigned such amount to the HOA and the City hereby consents to the assignment, and will hereafter consent to the assignment of this Reimbursement Agreement from the HOA back to JLJ at any point in the future while the Reimbursement Agreement remains valid. The City agrees to pay the HOA the sum of up to $28,856.23 as it collects assessment fees from the South Ridge Subdivision in accordance with the Reimbursement Agreement. Such amounts shall be paid to Hawley Troxell and delivered to 877 Main St., Suite 1000, Boise, ID 83702, attention Timothy W. Tyree. The City agrees not to offset any amounts otherwise due the City from JLJ or otherwise raise any defense to the payment of up to $28,856.23 other than the lack of receipt of assessment fees from the South Ridge Subdivision or the expiration of term of the Reimbursement Agreement. The City agrees to extend the term of the Reimbursement Agreement until March 11, 2019. 9. SETTLEMENT WITH HOMEOWNERS. HOA and Kelly agree to seek the approval and execution by all members of the HOA to the Mutual Release Agreement attached hereto as Exhibit A. Settlement and Mutual Release Agreement - 2 45406.0001.6120430.7 This Agreement is contingent on at least three-fourths of the members executing the Mutual Release Agreement. The City agrees to execute the Mutual Release Agreement attached hereto as Exhibit A. 10. TERMINATION OF SEWER AND WATER AGREEMENT. The Amended Bittercreek Meadows Agreement for Sewer and Water Service between the City, JLJ, Bittercreek, LLC and HOA, as amended by the Second Amended Bittercreek Meadows Agreement for Sewer and Water Service (collectively the "Water and Sewer Agreement") is hereby terminated as between HOA and the City, and shall no longer be of any force or effect. 11. PLAINTIFF'S REPRESENTATIONS AND WARRANTIES. Plaintiffs represent and warrant to the City as follows: (a) Authority. HOA is a corporation duly formed and validly existing under the laws of the state of Idaho. Any individuals entering into this Agreement on behalf of HOA have authority to bind HOA. Entering into this Agreement and consummation of the transactions contemplated hereby have been duly authorized by all necessary corporate action and do not violate HOA's articles of incorporation, bylaws or any agreement to which HOA is a party. (b) Transfer. Plaintiffs, individually and collectively, have not assigned or transferred any of its rights, claims or demands of whatsoever kind against the City related to or arising out of the Lawsuit to any other person or entity. (c) Independent Review. Plaintiffs have been advised to consult counsel of their choice, that at the time of the execution of this Agreement, each was represented by counsel of his/its choice and has consulted with or had the opportunity to consult with his/its counsel and has been fully advised concerning the scope and binding, legal effect of this Agreement, the amounts of settlement, and all of the terms, conditions, covenants and other provisions of this Agreement and the fact that this is a legal and enforceable agreement. Plaintiffs acknowledge that they have relied entirely on their own counsel and their own knowledge and assessment of the Lawsuit and of all other circumstances in making this Agreement. Each person subscribing his signature hereto represents that he has personally read and understood all of the terms and provisions of this Agreement in its entirety and that he is authorized to enter into this Agreement on his personal behalf and on behalf of any entity on whose behalf he executes it. 12. THE CITY'S REPRESENTATIONS AND WARRANTIES. The City represents and warrants to Plaintiffs as follows: (a) Authority. The City is a municipal corporation duly formed and validly existing under the laws of the state of Idaho. Any individuals entering into this Agreement on behalf of the City have authority to bind the City. Entering into this Agreement and consummation of the transactions contemplated hereby have been duly authorized by all necessary action and do not violate the City's ordinances or any agreement to which the City is a party. (b) Transfer. The City has not assigned or transferred any of its rights, claims or demands of whatsoever kind against Plaintiffs related to or arising out of the Lawsuit to any other person or entity. (c) Independent Review. The City has been advised to consult counsel of its choice, that at the time of the execution of this Agreement, the City was represented by counsel of its choice and has consulted with or had the opportunity to consult with its counsel and has been fully advised concerning the scope and binding legal effect of this Agreement, the amounts of settlement, and all of the terms, conditions, covenants and other provisions of this Agreement and the fact that this is a legal and Settlement and Mutual Release Agreement - 3 45406.0001.6120430.7 enforceable agreement. The City acknowledges that it has relied entirely on its own counsel and its own knowledge and assessment of the Lawsuit and of all other circumstances in making this Agreement. Each person subscribing his/her signature hereto represents that he/she has personally read and understood all of the terms and provisions of this Agreement in its entirety and that he/she is authorized to enter into this Agreement on on behalf of any entity on whose behalf he/she executes it. 13. MUTUAL RELEASE. Except for performance of this Agreement, Plaintiffs and the City, on behalf of themselves and on behalf of their heirs, administrators, executors, personal representatives, successors and assigns, and on behalf of their past, present and future officers, directors, employees, agents, legal representatives and attorneys, and insurers, do hereby forever release, remise, discharge, and acquit the other (Plaintiffs and each of them release the City, and the City releases Plaintiffs and each of them) and their past, present and future officers, directors, employees, agents, legal representatives and attorneys, and insurers, of and from any and all, in all manner of, actions, causes of action, claims, suits, debts, sums of money, covenants, contracts, controversies, agreements, compromises, variances, rights, damages, losses, costs, legal or other expenses, attorneys' fees, judgments, executions, obligations, claims and demands of any kind whatsoever, whether vested or contingent, in law or in equity, foreseen or unforeseen, suggested or unsuggested, known or unknown, now asserted or not asserted, which any of the opposing parties ever had, shall or may have, as a result of or by reason of or in connection with the Water and Sewer Agreement, the Revised Nullification Agreement and/or the Lawsuit and/or claims or potential claims that each of the parties to this Agreement have or may have been obligated to assert against each other in said Lawsuit. The parties hereto specifically waive the provisions of any law, whether imposed by statute, regulation or otherwise, that a general release does or may not extend to claims that the party does not know or suspect to exist in its favor at the time it gives a release. 14. NO ADMISSION OF LIABILITY. This Agreement made and effected hereby is a compromise and settlement of the claims by and against the opposing parties hereto, and neither this Agreement, any payments made pursuant hereto nor any provisions herein shall be construed as an admission of liability by any party hereto, the same being denied. This Agreement is intended by all parties hereto merely to avoid further litigation and to buy their peace. 15. DISMISSAL OF LAWSUIT. The parties to this Agreement specifically authorize and hereby direct their respective counsel to execute a Stipulation and Order of Dismissal with prejudice in the pending lawsuit referred to above and to file the Stipulation and Order of Dismissal in the court upon the execution of this Agreement. The parties further agree that, in the event either party claims a breach of this Agreement following its execution, the following provisions shall apply to any suit brought by the party claiming a breach of this Agreement: (a) Presiding Judge. The parties consent and agree to Judge Lynn Norton, District Judge of the Fourth Judicial District of the State of Idaho, presiding over any action brought by either party for the breach of this Agreement, and that any such suit shall be filed and heard in the Fourth District Court of the State of Idaho, in and for the County of Ada. (b) Scheduling. The Parties hereby agree and consent to the following time limitations being placed upon any action brought by either party for the breach of this Agreement upon the filing of any action for such breach: (i) Upon the filing of such suit, discovery (including, but not limited to, interrogatories, requests for production, requests for admission, subpoenas, depositions, and discovery involving expert witnesses) shall be allowed for no more than four (4) months following the filing of the Settlement and Mutual Release Agreement - 4 45406.0001.6120430.7 answer by the defending party, with all such discovery to be concluded (including responses to written discovery) by the end of the four month period. (ii) All dispositive motions (including motions to dismiss and motions for summary judgment) must be filed and heard no later than sixty (60) days following the conclusion of discovery. (iii) A trial shall be scheduled so as to begin no later than ten (10) months from the date the suit is filed with the court. (iv) No deviation from the time parameters imposed herein shall be allowed except through the stipulation of the parties or by leave of the court with good cause showing. It is the intent of the parties by agreeing to these time limitations that any action for a breach of this Agreement be heard and resolved expeditiously by the court, and that any exception to these time limits should be granted only for reasons that would cause material prejudice to the requesting party if such exception is not granted, and that the requesting party has acted in good faith and has not caused or materially contributed to the situation causing a need for an extension. 16. NO RELEASE OF JLJ, BWSA AND JEWETT. This Agreement shall not compromise, limit or affect the claims Plaintiffs have against JLJ, BWSA and Jewett and Plaintiffs reserve for themselves the full and complete rights to pursue the Lawsuit and claim any and all damages and/or remedies against JLJ, BWSA and Jewett. This Agreement does not release and shall not be construed as a release of JLJ, BWSA and Jewett. 17. NOTICES. All notices given pursuant to this Agreement shall be in writing and shall be given by personal service, by United States mail or by United States express mail or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, return receipt requested, addressed to the appropriate party at the address set forth below. City: City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 HOA: Bittercreek Meadows Subdivision Homeowners Association,Inc. 3891 W. Daisy Creek St Meridian, ID 83642 Kelly: Tim Kelly 3891 W. Daisy Creek St Meridian, ID 83642 18. ENTIRE AGREEMENT. This Agreement and the exhibits attached hereto constitute the entire agreement between the parties. No representations, warranties or promises have been made except those set forth in this Agreement. Any agreement hereafter made shall be ineffective to change, modify or discharge the Agreement in whole or in part unless such agreement is in writing and signed by all of the parties hereto. 19. ATTORNEY FEES. In the event of any suit, act or other proceeding arising under the terms of this Agreement, or in connection with this or any of the provisions of this Agreement, the prevailing party shall be entitled to an award of and to recover reasonable attorney fees set by the court and not by a jury and to an award of and to recover other costs incurred in that suit, action or proceeding, in addition to any other relief to which it may be entitled, including any appeal thereof. Settlement and Mutual Release Agreement - 5 45406.0001.6120430.7 20. COUNTERPARTS. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic transmission of any signed original document shall be the same as delivery of the original. 21. GOVERNING LAW. This Agreement and the rights and obligations of the parties hereto shall be controlled, governed, interpreted and construed according to the laws of the State of Idaho in all respects. 22. HEADINGS AND TITLES. It is understood and agreed that all of the headings and titles, and all of the subheadings and subtitles, are inserted as a matter of convenience and reference only, and in no way define, limit, extend or describe the scope or intent of this Agreement. 23. DRAFTING. The undersigned parties acknowledge that they and their respective counsel are responsible for the drafting of this Agreement. 24. SURVIVAL. The representations, warranties, and covenants set forth in this Agreement shall survive the closing and shall be deemed to be material and to have been relied upon by all parties. 25. CONTINGENCY. Notwithstanding execution of this Agreement by Plaintiffs, Plaintiffs' obligations under this Agreement are contingent upon the JLJ, BWSA, Jewett and Renascence, LLC agreeing to dismiss the Lawsuit on terms and conditions acceptable to Plaintiffs. [Signature Page(s) Follow] Settlement and Mutual Release Agreement - 6 45406.0001.6120430.7 Tim Kelly Date: Attest: Deputy City Clerk Settlement and Mutual Release Agreement - 7 Bittercreek Meadows Subdivision Homeowners Association, Inc. LN Rob McCarvel, President Date: City of Meridian: By: Tammy de rd, Mayor Date: 45406.0001.6120430.7 EXHIBIT A MUTUAL RELEASE AGREEMENT This Mutual Release Agreement ("Release Agreement") is made by and between the individual homeowners who execute this Agreement below and the City of Meridian ("City"). 1. BACKGROUND. Bittercreek Meadows Subdivision Homeowners Association, Inc. ("HOA") and Tim Kelly ("Kelly") commenced an action in the District Court for the Fourth Judicial District of the State of Idaho, in and for the County of Ada, case number CV -OC -12-05319 (the "Lawsuit') against the City, Renascence Properties, LLC ("Renascence"), JLJ Enterprises, Inc. ("JLJ"), Bittercreek Meadows Water & Sewer Users Association, Inc. (`BWSA") and James L. Jewett ("Jewett'). The HOA and Kelly (collectively "Plaintiffs") desire to compromise and settle the Lawsuit, as between Plaintiffs and the City, to settle any and all claims and disputes existing between Plaintiffs and the City and to mutually release each other, all according to the provisions of a Settlement and Mutual Release Agreement between Plaintiffs and the City (the "Settlement Agreement'). The Settlement Agreement is contingent on the members of the HOA executing this Release Agreement. 2. HOMEOWNERS. Each homeowner listed below is individually referred to as a "Homeowner" in this Release Agreement and collectively as the "Homeowners". Each Homeowner is independently entering into this Release Agreement, separate and apart from each and every other Homeowner, as though each Homeowner signed a separate agreement with the City. The liability of each Homeowner under this Release Agreement is several and no Homeowner shall be liable for any breach or alleged breach of this Release Agreement caused by or related to any other Homeowner. Any Homeowner, acting alone, may enforce the terms of this Release Agreement. 3. HOMEOWNER REPRESENTATIONS AND WARRANTIES. Each Homeowner represents and warrants to the City as follows: (a) Authority. Any individuals entering into this Release Agreement on behalf of each Homeowner have authority to bind the Homeowner. Entering into this Release Agreement and consummation of the transactions contemplated hereby have been duly authorized by all necessary actions and do not violate any agreement to which the Homeowner is a party. (b) Transfer. Homeowner has not assigned or transferred any of its rights, claims or demands of whatsoever kind against the City related to or arising out of the Lawsuit to any other person or entity. (c) Independent Review. Homeowner has been advised to consult counsel of their choice, that at the time of the execution of this Release Agreement, Homeowner was represented by counsel of her/his/its choice or has elected not to be represented and has consulted with or had the opportunity to consult with her/his/its counsel and has been fully advised concerning the scope and binding legal effect of this Release Agreement, the amounts of settlement, and all of the terms, conditions, covenants and other provisions of this Release Agreement and the fact that this is a legal and enforceable agreement. Homeowner acknowledges that he/she/it has relied entirely on his/her/its own counsel and his/her/its own knowledge and assessment of the Lawsuit and of all other circumstances in making this Release Agreement. Each person subscribing his/her signature hereto represents that he/she has personally read and understood all of the terms and provisions of this Release Agreement in its entirety and that he/she is authorized to enter into this Release Agreement on his/her personal behalf and on behalf of any entity on whose behalf he/she executes it. Settlement and Mutual Release Agreement - 8 45406.0001.6120430.7 4. THE CITY'S REPRESENTATIONS AND WARRANTIES. The City represents and warrants to Homeowners as follows: (a) Authority. The City is a municipal corporation duly formed and validly existing under the laws of the state of Idaho. Any individuals entering into this Agreement on behalf of the City have authority to bind the City. Entering into this Agreement and consummation of the transactions contemplated hereby have been duly authorized by all necessary action and do not violate the City's ordinances or any agreement to which the City is a party. (b) Transfer. The City has not assigned or transferred any of its rights, claims or demands of whatsoever kind against Homeowners related to or arising out of the Lawsuit to any other person or entity. (c) Independent Review. The City has been advised to consult counsel of its choice, that at the time of the execution of this Agreement, the City was represented by counsel of its choice and has consulted with or had the opportunity to consult with its counsel and has been fully advised concerning the scope and binding legal effect of this Agreement, the amounts of settlement, and all of the terms, conditions, covenants and other provisions of this Agreement and the fact that this is a legal and enforceable agreement. The City acknowledges that it has relied entirely on its own counsel and its own knowledge and assessment of the Lawsuit and of all other circumstances in making this Agreement. Each person subscribing his/her signature hereto represents that he/she has personally read and understood all of the terms and provisions of this Agreement in its entirety and that he/she is authorized to enter into this Agreement on on behalf of any entity on whose behalf he/she executes it. 5. MUTUAL RELEASE. Homeowners and the City, on behalf of themselves and on behalf of their heirs, administrators, executors, personal representatives, successors and assigns, and on behalf of their past, present and future officers, directors, employees, agents, legal representatives and attorneys, affiliates, subsidiaries, partners, and insurers, do hereby forever release, remise, discharge, and acquit, the opposing parties (Homeowners and each of them release the City, and the City releases Homeowners and each of them) to this Release Agreement and their past, present and future officers, directors, employees, agents, legal representatives and attorneys, affiliates, subsidiaries, partners, and insurers, of and from any and all, in all manner of, actions, causes of action, claims, suits, debts, sums of money, covenants, contracts, controversies, agreements, compromises, variances, rights, damages, losses, costs, legal or other expenses, attorneys' fees, judgments, executions, obligations, claims and demands of any kind whatsoever, whether vested or contingent, in law or in equity, foreseen or unforeseen, suggested or unsuggested, known or unknown, now asserted or not asserted, which any of the opposing parties ever had, shall or may have, as a result of or by reason of or in connection with the Water and Sewer Agreement, the Revised Nullification Agreement and/or the Lawsuit and/or claims or potential claims that each of the parties to this Agreement have or may have been obligated to assert against each other in said Lawsuit. The parties hereto specifically waive the provisions of any law, whether imposed by statute, regulation or otherwise, that a general release does or may not extend to claims that the party does not know or suspect to exist in its favor at the time it gives a release. 6. NO ADMISSION OF LIABILITY. This Release Agreement made and effected hereby is a compromise and settlement of the claims by and against the opposing parties hereto, and neither this Release Agreement nor any provisions herein shall be construed as an admission of liability by any party hereto, the same being denied. This Release Agreement is intended by all parties hereto merely to avoid further litigation and to buy their peace. Settlement and Mutual Release Agreement - 9 45406.0001.6120430.7 7. NO RELEASE OF JLJ, BWSA AND JEWETT. This Agreement shall not compromise, limit or affect the claims Homeowners have or may have against JLJ, BWSA and Jewett and Homeowners reserve for themselves the full and complete rights to pursue the Lawsuit and claim any and all damages and/or remedies against JLJ, BWSA and Jewett. This Agreement does not release and shall not be construed as a release of JLJ, BWSA and Jewett. 8. ENTIRE AGREEMENT. This Release Agreement and the exhibits attached hereto constitute the entire agreement between the parties. No representations, warranties or promises have been made except those set forth in this Release Agreement. Any agreement hereafter made shall be ineffective to change, modify or discharge this Release Agreement in whole or in part unless such agreement is in writing and signed by all of the parties hereto. 9. ATTORNEY FEES. In the event of any suit, act or other proceeding arising under the terms of this Release Agreement, or in connection with this or any of the provisions of this Release Agreement, the prevailing party shall be entitled to an award of and to recover reasonable attorney fees set by the court and not by a jury and to an award of and to recover other costs incurred in that suit, action or proceeding, in addition to any other relief to which it may be entitled, including any appeal thereof. 10. COUNTERPARTS. This Release Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic transmission of any signed original document shall be the same as delivery of the original. 11. GOVERNING LAW. This Release Agreement and the rights and obligations of the parties hereto shall be controlled, governed, interpreted and construed according to the laws of the State of Idaho in all respects. 12. HEADINGS AND TITLES. It is understood and agreed that all of the headings and titles, and all of the subheadings and subtitles, are inserted as a matter of convenience and reference only, and in no way define, limit, extend or describe the scope or intent of this Release Agreement. 13. SURVIVAL. The representations, warranties, and covenants set forth in this Release Agreement shall survive the closing and shall be deemed to be material and to have been relied upon by all parties. City of Meridian: By: Tammy 1eerd, Mayor Date:1�Cem [Homeowner Signature Page(s) Follow] Settlement and Mutual Release Agreement - 10 45406.0001.6120430.7 LOT 1 Lance Beeson Donna Beeson LOT 3 Nathon Argon Sonny Argon LOT 5 Chris Satchwell April Satchwell LOT 8 Paul Orlando Caryn Orlando LOT 10 Aaron Whitman Janice Whitman LOT 12 Greg Gould LOT 14 Settlement and Mutual Release Agreement - 11 LOT 2 Troy Larsen Suzy Larsen LOT 4 John Hobson Marianne Saunders LOT 6 Dan Cheney Tonya Cheney LOT 9 Jenifer Brown Tony Brown LOT 11 Spencer Hill Sara Hill LOT 13 Kevin Wittmuss Amy Wittmuss LOT 16 45406.0001.6120430.7 Amber Cullum Mike Cullum LOT 17 Brett Webb Alex Webb LOT 19 Sabrina Wilson Shawn Wilson LOT 21 BANK OF THE WEST By: Name: Its: LOT 23 Kelly Adams Sue Adams LOT 25 Les Oliver Suzi Oliver Settlement and Mutual Release Agreement - 12 Chris Wells Katie Wells LOT 18 Jeff Obenchain Jenny Obenchain LOT 20 Jared Papa Holly Papa LOT 22 Erik Richardson Maggie Richardson LOT 24 Tim Kelly Susan Kelly LOT 26 Rhonda McCarvel Rob McCarvel 45406.0001.6120430.7