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HomeMy WebLinkAbout2016-04-26CITY COUNCIL REGULAR MEETING AGENDA , Le..'o; City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, April 26, 2016 at 6:00 PM 1. Roll -Call Attendance Anne Little Roberts X Joe Borton Ty Palmer _® Keith Bird Genesis Milam X Luke Cavener ® Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Troy Drake with Calvary Chapel Meridian 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of April 5, 2016 City Council PreCouncil Meeting B. Approve Minutes of April 5, 2016 City Council Meeting C. Approve Minutes of April 12, 2016 City Council Workshop Meeting D. Professional Services Agreement with Soul Patch for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $600 E. Professional Services Agreement with High Street for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $3,500 F. Professional Services Agreement with High Street Entertainment, LLC, as an agent of Precious Byrd for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $2,500 G. Sanitary Sewer Easement Between Green Village Development, Inc. And The City Of Meridian Within Heritage Grove Subdivision No. 3 Meridian City Council Meeting Agenda Tuesday, April 26, 2016 — Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A 7. El H. Water Main Easement Between The City Of Meridian and GGR, LLC within Calderwood Business Park Pedestrian Pathway Easement Between the City of Meridian and Cottonwood Development, LLC Regarding a Pathway on the North Side of Gondola Drive J. Approval of Task Order 10648.a to CH2M HILL ENGINEERS for the "Wastewater Resource and Recovery Facility Post Aeration PLC4 And Reuse PLC Upgrades - Design" Project for a Not -To -Exceed Amount of $202,720.00. K. License Agreement with St. Luke's Regional Medical Center for Construction and Maintenance of Meridian Monument Sign Items Moved From the Consent Agenda None Department Reports A. Mayor's Office: Resolution No. 16-1135: A Resolution to Appoint Callie Zamzow to Seat 3 and Tammy de Weerd to Seat 5 of the Meridian Development Corporation Approved Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staffs report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Staff Recommendation for Approval of Floodplain Variance Request of Addition at 975 E. Pine Ave. Approved B. Public Hearing for Volterra Subdivision (H-2016-0033) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Continued to May 3, 2016 1. Request: Amend the Recorded Development Agreement (Instrument #106034786, Amended as Instrument #11101393) to Allow Right Out Only Access to N. Ten Mile Road for the Office Lots Approved with the Volterra South Subdivision Meridian City Council Meeting Agenda Tuesday, April 26, 2016 — Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Public Hearing for Waltman Property (aka Browning Plaza) (H-2016-0038) by SLN Planning/Boise-Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane Continued o May 24, 2016 1. Request: Modification to the Development Agreement to Remove the Requirement (#5.1.8) for Corporate Drive to be Extended North of the Site from the Ten Mile Creek South to Waltman Lane 9. Continued Department Reports A. Art and Culture Update: Update on Public Artwork at Fairview Avenue and Main Street t!lotion approved to commission C.J. Rench piece "Natives" with a two week period to accept public comment to select which three of the five pieces the artist should create within the originally submitted s,.g^ B. Parks and Recreation Department: Request for Approval of AIA Agreement Between the City of Meridian and The Land Group Regarding 77 -Acre Park Design Services for a Not -to -Exceed Amount of $641,726.94 Approved C. Finance/Human Resources: Direction/Guidance on Presentations on: Compensation Plan, Health Care Benefit Projections, and Allowable 3% Property Tax Projections for FY2017 D. Community Development: Motion approved to draft a respectful letter to Ada County Highway District (ACHD)to address a citizen concern and kindly requestA CD repaint realign[ to avoid future incidents E. Community Development Department, Planning and Building Services Division Report: Detached Accessory Structures Vacate F. Community Development Department, Planning Division Report: Processes and Standards for Parklets in Downtown Core G. Community Development: Second Amendment and Addendum to August 7, 2012 Master License Agreement with Ada County Highway District for Regulation and Maintenance of Sidewalk Facilities in the Greater Downtown Area Approved Meridian City Council Meeting Agenda Tuesday, April 26, 2016 — Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Legal Department: Continued Discussion Regarding Proposed Ordinance Repealing Request for Reconsideration and Reenacting as a Procedure for Request for Reconsideration 10. Ordinances A. Ordinance No. : Repealing Meridian City Code Section 10- 1-3(G), Regarding Building Permit Exemption For Detached Accessory Structures Gated B. Ordinance No. 16-1684: Updates To City Code Provisions Regarding Citizen's Use Permit Application And Mobile And Promotional Sales Units On Downtown Sidewalks Approved C. Continued from April 12, 2016: Ordinance No. 16-1685: An Ordinance Repealing and Reenacting Title 1, Chapter 7, Section 10, Meridian City Code, Repealing Request for Reconsideration and Reenacting as a Procedure for Request for Reconsideration; Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved 11. Future Meeting Topics None 12. Executive Session Per Idaho State Code 74-206 (c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Into Executive Session at 8:28 P. Out of Executive Session at 8:54 PIV AdjournedXM Meridian City Council Meeting Agenda Tuesday, April 26, 2016 — Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council April 26, 2016 A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, April 26, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Genesis Milam, Ty Palmer, Anne Little Roberts and Luke Cavener. Others Present: Bill Nary, Jacy Jones, Caleb Hood, Kyle Radek, Jamie Leslie, David Jones, Todd Lavoie, Crystal Ritchie Mike Barton, Hillary Bodnar and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X__ Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Well, good evening. I'd like to welcome you to the City Council meeting. We appreciate you joining us tonight. For the record it is Tuesday, April 26. It's 6:00 p.m. I 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. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel Meridian De Weerd: Item No. 3 is our community invocation. Pastor Troy Drake with Calvary Chapel in Meridian is here to lead us. Please join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Drake: Thank you. Lord God, it's just a really humbling thing to think that we could just ask the one who made all things to be with us and to help us and strengthen us and encourage us and so we just pray for this great city here tonight, Lord, for all the citizens, just pray, Lord, that they would do your will, that they would seek after you, God, that you would help those who are in need and also, God, we just ask that you would guard those and help those, protect those who watch over us in our city, the firefighters and the police officers, Lord, we are just thankful for them and ask for their safety and as well as that you would be Meridian City Council April 26, 2016 Page 2 of 58 with all of the folks who make things safe elsewhere in our town through the building planning and all these who work for our city and, lastly, God, we just want to pray for wisdom for these ladies and gentlemen here tonight, that these items that are on the agenda that are -- whether they may seem small or large, that you would give them great wisdom to be able to do the right thing and make the right decisions and so we just thank you, God, that we can inquire to you about these and that you care about all these small things and we appreciate you so much and so pour out your grace upon these people in this meeting and it's in Jesus' name we pray, amen. De Weerd: Thank you, Pastor Troy. It's always nice having you. Drake: Thank you. Item 4: Adoption of the Agenda De Weerd: Thank you for being here. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On Item 7-A the resolution number is 16-1135. Item 8-B, the applicant has requested that to be continued to May 3rd, 2016. And Item 8 -C, the applicant has requested a continuance of this item to May 24th of 2016. On 9 -E the staff requests that we vacate this item. And on 10 -A, the ordinances, 10-A has been asked to be vacated and Item 10 -B is Ordinance No. 16-1684. 10-C is Ordinance No. 16-1685. And with that I move we approve the agenda as amended. Borton: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of April 5, 2016 City Council PreCouncil Meeting B. Approve Minutes of April 5, 2016 City Council Meeting C. Approve Minutes of April 12, 2016 City Council Workshop Meeting Meridian City Council April 26, 2016 Page 3 of 58 D. Professional Services Agreement with Soul Patch for Musical Talent for Concerts on Broadway in an Amount Not-to-Exceed $600 E. Professional Services Agreement with High Street for Musical Talent for Concerts on Broadway in an Amount Not-to-Exceed $3,500 F. Professional Services Agreement with High Street Entertainment, LLC, as an agent of Precious Byrd for Musical Talent for Concerts on Broadway in an Amount Not-to-Exceed $2,500 G. Sanitary Sewer Easement Between Green Village Development, Inc. And The City Of Meridian Within Heritage Grove Subdivision No. 3 H. Water Main Easement Between The City Of Meridian and GGR, LLC within Calderwood Business Park I. Pedestrian Pathway Easement Between the City of Meridian and Cottonwood Development, LLC Regarding a Pathway on the North Side of Gondola Drive J. Approval of Task Order 10648.a to CH2M HILL ENGINEERS for the “Wastewater Resource and Recovery Facility Post Aeration PLC4 And Reuse PLC Upgrades - Design” Project for a Not-To- Exceed Amount of $202,720.00. K. License Agreement with St. Luke's Regional Medical Center for Construction and Maintenance of Meridian Monument Sign De Weerd: Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda and for the Clerk to attest an d the Mayor to sign. Borton: Second. Meridian City Council April 26, 2016 Page 4 of 58 De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 6: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports A. Mayor’s Office: Resolution No. 16-1135: A Resolution to Appoint Callie Zamzow to Seat 3 and Tammy de Weerd to Seat 5 of the Meridian Development Corporation De Weerd: So, we will move to 7-A. In front you, Council, is Resolution 16-1135. We are reappointing two seats. The third seat that was open is -- is open and we have a call for interested citizens. Do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution 16-1135. Milam: Second. De Weerd: I have a motion and a second to approve Item 7 -A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Action Items A. Staff Recommendation for Approval of Floodplain Variance Request of Addition at 975 E. Pine Ave. Meridian City Council April 26, 2016 Page 5 of 58 De Weerd: Item 8-A is under our staff report. Kyle, I will turn this over to you. Radek: Madam Mayor, Council Members, this item is a request for a variance to our flood damage prevention ordinance from Ada County Development Services on behalf of Ada County Operations Department to allow the existing elevated structure to remain as constructed while adding an addition to it. The existing structure was built in 2007 and at th at time our flood plain ordinance required a base flood elevation plus one foot as the flood level protection. Since the time our ordinance has changed to allow -- to -- to a standard of base flood elevation plus two feet. So, the new standard is two feet and the applicant is adding an addition and the addition would be required to meet our current ordinance. The question is about the existing building. If the addition agrees with what's called a substantial improvement and the substantial improvement kicks in a requirement that the existing building be either elevated or flood proofed to the new level and that is the variance that the applicant is seeking is a variance in -- to be allowed to not have to flow through the existing building up to the current requirements and just as a note here, the -- the campus that this is built on is -- because of the way we have administered the flood plain -- or the flood damage prevention ordinance, the campus is, essentially, elevated above the flood level and so the applicant intends to do a letter of map revision to remove that area from the flood plain and so our recommendation is -- and the variance -- the reason for the variance we not be based on an inconvenience or a monetary reason, they are not generally allowable reasons for a variance. However, the -- the applicant, to -- to obtain the funds that would be required to flood proof the existing building, it would require extra time and the applicant has a -- has an imminent need to expand his laboratory services to -- to prevent the spread of viruses and existing and new threats that are being, you know, brought in -- it's my understanding -- and they can expand on that perhaps, if Council desires, but the -- there would be a condition on them that they would -- they would have that application for a -- for a letter of map revision removing their campus from the flood plain before we would allow a certificate of occupancy. And so -- oh, I'm sorry, I lost my train of thought. The reason I was telling you that is -- is going down that -- that path of the funding and the virus -- virus protection, time is the reason that -- that we are recommending that this variance be approved, so that the applicant can go ahead and build their structure and perform their ser vices for the health and safety of the county. I guess with that I will stand for any questions or any presentation that the applicant would like to make. De Weerd: Council, any questions for Kyle? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council April 26, 2016 Page 6 of 58 Bird: Kyle, if -- if they would have to bring that existing building up to code, they would have to raise that whole thing and put a -- put a foot of foundation in it. It don't make sense to me to make them do that and staff is recommending this. I don't see any problems with it at all myself. Radek: Madam Mayor, Councilman Bird, actually, the last time -- this is the second time Ada county has run into this on this campus. They had a building and our -- the first time we moved the code from base flood ele vation to base flood elevation plus one and in that version of code there was no flood proofing provisions and so when Dave Miles updated the code maybe two, three years ago, he put in the flood proofing provisions just for this kind of situation. So, yeah, they don't have to have half a building at one foot and half the building at two feet, they can flood proof up instead, so -- De Weerd: Well, I appreciate your recommendation and I certainly don't see any issue with it. Would anyone from the county like to provide comment or did Kyle cover it well? Thank you for joining us. If you will, please, state your name and address for the record. Wendell: Surely. Madam Mayor and Council, I'm Scott Wendell with LCA Architects. I represent Ada county for this project. I think the county's ultimate request would probably been in their best interest, that they would like to have the new addition be at the same floor level as the current addition, as they are already one foot above the BFE and that is thei r first request. I believe this request that was granted through the -- through Dave Miles and the city, you know, indicates that they would raise their addition up -- would be approximately nine inches. So, I will leave it up to the county to, you know, make the final acceptance on this, but it does take a ramp inside the building to make that happen, as well as steps that are not cohesive with the rest of the architecture of the building, as well as flood proofing, we did a study of how to perhaps flood proof the rest of the building and it's quite extensive and really would ruin the character of the building and cause them quite a bit of -- I guess trouble in that respect. So, I will it leave up to the county if they want to continue to, you know, accept what they are looking at in this application and recommendation, so that's all I have to say. Thanks. De Weerd: Thank you. Wendell: Any questions? Bird: I have none. Wendell: Okay. De Weerd: Thank you for joining us. If you will, please, sta te your name and address. Meridian City Council April 26, 2016 Page 7 of 58 Williams: Mayor and Council Members, my name is Scott Williams. I'm the director of -- I'm director of operations for Ada county, 200 West Front Street, Boise, Idaho. 83702. De Weerd: Okay. Thank you. Williams: Our ultimate goal in this was not to either raise the floor or flood proof or change, but it doesn't seem like that's going to be possible. What we would really like to not have to do is to flood proof the rest of the building or raise the floor on the rest of the building. Time is of the essence. Brian's crew does do the mosquito abatement, checking for West Nile virus and now the Zika virus that's coming up, that's going to be the next big issue. We would like to get the permit and get moving on the building as quickly as we possibly can to get it -- to get construction out of the way and get the new laboratory built. Kyle has explained to us that we have the option of either raising the floor and/or now flood proofing and I think, you know, if we have that o ption which way would we go, we would have to figure out what's going to be best for the con struction of the building at the time, as long as we don't have to raise the other part and flood proof the other part, because that would really shut down the oper ation. We would have to dig around the entire facility to make that happen. Because, really, raising the floor is not an option. Everything would change, then, as far as door heights and elevations for electrical outlets and plumbing and it would be a major undertaking to do that. So, that's what we are really looking forward -- I mean we have an option one way or the other. The other thing is we are going to do the LOMR-F and if we can get that done it's actually out of the flood plain, it may not be an issue by the time we get to permit if we can make that happen and show that it's above the flood plain requirements anyway. So, with that I will stand for any questions if you have questions for me. De Weerd: Thank you. Council, any questions? No questions. Williams: All right. Thank you very much. De Weerd: Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kyle, explain exactly what this variance request is for everybody. Radek: Yeah. Madam Mayor, Councilman Bird, my understanding is that the variance request is a variance to the requirement to improve the existing structure to the current code, not to vary the requirements for the new structure and as you heard testimony just now, they would -- you heard they would prefer Meridian City Council April 26, 2016 Page 8 of 58 not to have to do any of that. Staff is not supporting a variance on the new structure -- the new portions of the building, because we feel that they can -- they can do that. It's a new building. It's a new building, new code, that's -- that's what we do, we enforce our ordinance. The variance request would be to raise up or flood proof the existing building, because of the substantial improvement. So, the variance request would allow them to not have to improve the existing building. De Weerd: I guess, Kyle, what is the likelihood -- if they appeal and -- or apply to be removed from the flood zone, whereabouts are they in that flood zone? Is it on the edge, so what is the likelihood? I know -- what does your crystal ball say? Radek: Yeah. Madam Mayor, we -- the thing about our -- our flood prevention code is we require people to build so that they are out of the flood plain by the time they get built. So, according to the models that are being run now, if they -- if they are able to do a letter of map revision based on the fill that they have put in since they started developing that campus, they would be out of the hundred year flood and so there would be no insurance requirement, no permitting requirements and, then, it's just a question of chances and mother nature. You're never completely safe. But they would be out of the regulatory flood plain. And, actually, they are technically I guess out of that now, they just haven't done the paperwork to submit to FEMA to change the map. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kyle, if they -- if we -- if we were to approve a variance and allow that existing -- the existing building and the new building to stay at the same elevation, which go under our previous code, an d would be okay if they had the FEMA paper, is that -- am I not right? Am I misunderstanding this? I mean if they get out of the -- if they get out of the flood plain and they are one foot above elevation of their existing building would be okay for the addition; right? Radek: Yeah. With one -- one caveat. If they remove themselves from the flood plain by a letter of map revision based on fill -- based on fill that they have added, our code would require them to still go through the flood plain devel opment process and the reason our code is like that is because -- is because it's happened in places like Eagle where people have filled and gotten themselves out of the flood plain by three-tenths of a foot, two-tenths of a foot, then, they go and build a basement and it's just not responsible development and so our code says that. So, the variance would be a variance to that portion as well, it's just a condition we are putting on it to say if you go through your due diligence, remove yourself from the flood plain, we are going to allow this variance to move forward on the existing building. The new building doesn't have to be a separate level from the -- from the existing building, it just has to be flood -- it has to be either Meridian City Council April 26, 2016 Page 9 of 58 that or flood proofed. So, they have the option there. So, I'm sorry if I threw too much information into that -- into that response. Bird: Madam Mayor, can I follow up? De Weerd: Uh-huh. Bird: And I don't -- I don't know how we could compare with Eagle and their basements, because Eagle has got a major, major river going through that floods every year and to my knowledge that creek is -- I have never seen it when you couldn't wade across it and not get your shoes wet and I lived here 51 years, so -- I don't know. Radek: Madam Mayor, Councilman Bird, that's certainly a comment we always get when we talk about flood plain Meridian. I have lived here 15 years, I haven't seen a flood, so -- De Weerd: Mr. Nary, I guess my question to you would be can this variance apply to both -- both the existing and can Council use the same request to apply to the new construction, too? Nary: Madam Mayor, Members of the Council, in looking at the -- at the information that I have, I mean the Council can do that. That's not the recommendation of staff. De Weerd: Okay. Nary: I think the alternative was the reason staff was not recommending that, since they can flood proof the building as an alternative to having to change the elevations of the building. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Procedurally is the issue of the new construction even before us? The variance request speaks to the expansion of the existing building, but not the new one. Nary: Correct. Yeah. So, I don't -- I don't know that you can't -- Madam Mayor, Members of the Council, Councilman Borton, but it isn't -- the application that's in front of you today is that request. I know that's what the architect requested, but that's not what's in the information that we have. So, like I sai d, the staff's analysis is based on one set of facts and criteria and the testimony is adding a little bit more information, but it's not really in the -- in the analysis that was done. Unless I misunderstood, that's what I'm looking at, Kyle. Meridian City Council April 26, 2016 Page 10 of 58 Radek: That's -- and I interpret it the exact same way. Nary: Okay. De Weerd: As far as I'm concerned, if it's good enough for the existing it should be good enough for the new one, but, you know, I don't get to vote, so -- Council, what would you like to do? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't disagree with you, but I think the addition is -- the new one isn't even in the variance. The new building. The addition is what we are talking about; right? Or the existing? This thing is -- either misreading it or something. Radek: Madam Mayor, Councilman Bird, we are actually -- we are talking about -- there is an addition to the existing building. That's the new construction portion. The new construction portion is a substantial imp rovement to the existing building, so that requires the existing building to be upgraded to the current code. And the variance request that we had submitted was a variance to that requirement to require the existing building be upgraded. But what the new testimony we are talking about, well, we don't want -- we don't want to make the -- even the new addition up to current code, we want to, you know, make that up to the same code as -- as the existing building was. So, that was -- answers the question there. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If this was a new stand alone building I wouldn't even think about this variance, but this is an addition and when you -- you know, when you got an addition you need to jump up nine, ten inches, whatever the difference is -- I don't know. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I will make a motion, see where it goes. In light of staff's comment and staff's recommendation and the specific elements to support the recommendations unique to this application, I would move that we approve the request for flood plain variance at 975 East Pine Avenue as described in application request before us. Meridian City Council April 26, 2016 Page 11 of 58 Palmer: Second. De Weerd: I have a motion and a second to approve the request for a varia nce. Any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This motion is exactly what it states in here, that the new addition will meet the existing code; right? Is that what the motion is? Borton: Correct. Madam Mayor. This specific variance request set forth by the applicant, recommended by staff, is what the motion is in support of. De Weerd: So, it gives a variance to the existing and asks that the new construction meet current code. Borton: And Madam Mayor -- De Weerd: As requested. Borton: -- through the normal course -- yes. That's what would happen and if there is a separate variance request to address something down the road, we would address that at that time. De Weerd: Okay. Any further questions? Discussion? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing for Volterra Subdivision (H-2016-0033) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road 1. Request: Amend the Recorded Development Agreement (Instrument #106034786, Amended as Instrument #11101393) to Allow Right Out Only Access to N. Ten Mile Road for the Office Lots Approved with the Volterra South Subdivision Meridian City Council April 26, 2016 Page 12 of 58 De Weerd: Okay. Item 8-B was -- is a public hearing on H-2016-0033. This application has been requested to continue to May 3rd. Is there anyone here that's here to testify on this item? Okay. Council, I have opened this public hearing. It needs a motion to continue. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue H-2016-0033 to May 3rd, 2016. Milam: Second. De Weerd: I have a motion and a second to continue Item 8 -B to May 3rd. All those in favor say aye. All ayes. motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing for Waltman Property (aka Browning Plaza) (H-2016-0038) by SLN Planning/Boise-Waltman, LLC Located 505, 521, 615, and 675 1. Request: Modification to the Development Agreement to Remove the Requirement (#5.1.8) for Corporate Drive to be Extended North of the Site from the Ten Mile Creek South to Waltman Lane De Weerd: Item 8-C is a public hearing as well on H-2016-0083. The applicant has requested that this be continued to May 24th. It is a public hearing. I will open this public hearing. Is there anyone here to provide testimony on this item? The applicant -- can you tell us, Caleb, why the applicant has requested continuance of this item? Hood: Yes, Madam Mayor. A large chunk of the request for -- excuse me -- modification of the development agreement hinges ACHD modifying some of their conditions for this project and they aren't scheduled to hear this until the 11th of May. So, we need to have ACHD 's action before -- that's our recommendation that you have ACHD's action before you act on it, because a lot of what the applicant is wanting to mod ify has to do with ACHD's conditions of approval. De Weerd: Okay. We can accept testimony. It's unusual without the applicant here, but if -- okay. Perfect. Okay. We appreciate you being here and sorry for Meridian City Council April 26, 2016 Page 13 of 58 the inconvenience. Okay. Council, this public hearing has been opened. I will entertain a motion to continue this to May 24th. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If I may first, I had done -- at a previous firm had done work on this particular project. It's not a current client of mine for firm now, but just for the record I will abstain from acting on the continuance of this application for that reason. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue H-2016-0038 to May 24th, 2016. Milam: Second. De Weerd: I have a motion and a second to continue Item 8 -C to May 24th. All those in favor say aye. And I have one abstain. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. Item 9: Continued Department Reports A. Art and Culture Update: Update on Public Artwork at Fairview Avenue and Main Street De Weerd: Item 9-A is under our arts and culture update. Hillary. Bodnar: Madam Mayor and Council Members, I am here to present just an update on the public art project at Fairview and Main. I wanted to get in touch with you guys, because MAC had a special meeting on April 7th and discussed recommendations they would want to carry forward to you guys in consideration of this project. They established two recommendations and didn't prefer one over the other, but they did want me to go and present these recommendations to MDC and the reason is because MDC is the one kind of footing the bill. It's -- it's -- we have an agreement with them to reimburse us for the funds, so MAC wanted to make sure that these two recommendations would be in favor with MDC's board and that they would still want to contribute funds to this project. MDC did say that they would -- they would stay committed and wouldn't want the agreement to stay in place for the funds for the project. That being said, MAC's Meridian City Council April 26, 2016 Page 14 of 58 two recommendations that they came up with on their April 7th special meeting were as follows: Their first recommendation -- again, not -- just one of their recommendations was to recommend to City Council that we commission Natives by C.J. Rench. This was a proposal that was included in the original RFP for the project at Fairview and Main. That means that it would be commissioned as -- or as an independent project, not in relation to that RFP, because we have issued a contract for the RFP and that contract was terminated. So, it would be a commission similar to the Daniel Borup commission out in the plaza. The second recommendation that MAC came up with was that they reissue a new RFP as soon as possible with some modifications. The modifications that they made to the RF P included shortening the length of time that public comments were collected. Public comments were collected for about a month and a half last time and they decided that they coul d use events that they are posting this year, including one Concerts on Broadway event and a Dairy Days art show event to collect public comment if they released an RFP. That would be about a two week period that public comments would be collected and pushed for. Their other recommendations -- their modifications to the RFP included strong recommendation of maquettes, asking that the artist prepare maquettes for them to see what a small 3D model would look like. The idea behind this is that they would see the artist committed to the project and a better sense of what the project would look like. Their third modification to the RFP was to include experience to the criteria for selection. While they asked for resumes in the last RFP, they didn't include experience in one of the listed items under criteria for selection, so that was a growing pain on my -- on my part. I mean it's now -- that's being included in all of the RFPs they discussed since just to make sure that we can call references and use those references in order to help judge what art projects we would like to move forward on. So, before you today are the two recommendations to you and to get your feedback on those. MAC is preparing to have another special meeting to discuss potentially what it would look like to commission Natives or how they would get an RFP out, if they would want to use other -- other forces to push an RFP out to get response sooner, rather than, again, leaving an RFP period open for a long time. One benefit that we have this year that could be particularly helpful is that the Meridian Arts Commission has partnered up with the Parks Department and they are collecting RFQs, so qualifications from other artists to work specifically for park identity, public art roster, and so this art roster could possibly be drawn upon for us to select and target artists to send an RFP to as well, with their qualifications already in mind. When I brought this to MDC I will say that MDC -- I asked the date of preference and they preferred c ommissioning Natives and for those of you who -- do you guys want to see it? I didn't print it this time. De Weerd: Hillary, I guess I, you know, have given that a lot of thought and if you -- if I recall on this one, the public comment was largely in favor of the family piece that wasn't appropriate for that north curve and -- and so that was understandable. So, they kind of went to the n ext one, which was unfortunate in how that all transpired. So, in essence, you know, this goes to, then, kind of the Meridian City Council April 26, 2016 Page 15 of 58 third down the list and I seem to recall when we were doing the call to artists on the piece down here, the concern of the art commission at that time was to do another piece by Amber Conger, because that one was a very interesting submittal and they f elt if they did a second piece by Amber it would send a message to other artists that there is a strong preference to a certain artist and -- and I feel that that might play the same here, in particular since this was not a strong preference and because of time constraints and I understand even this artist came back with an add-on cost, that it almost makes sense to -- to just go out. What I loved hearing what you said is the shortened comment period, but also, because you compare it with events that are a lready happening and that have a large number of public that are in the area that could provide feedback, that -- that is a great counter and so those are my thoughts. Bodnar: Thank you. Milam: Madam Mayor? De Weerd: Hillary, I know that for commissioning this one that time is of the essence; right? If we can get it done this year or is he not going to be able to regardless? Bodnar: The artist said that he could get it done within this fiscal year. As far as time being of the essence, I think in a sense it is of the essence, because we have said that this is something we are going to get done, but MDC said that they could -- they could roll over their funds into the next fiscal year. Milam: Madam Mayor, follow up? So, a thought that I just had -- sorry. I didn't have in our previous conversations -- would be -- and I know that during the comment period on these, the piece that we are putting out here on the plaza was a big favorite, but if we took it out of the picture -- I mean is it -- I guess is the RFP -- if it's closed, can you open and still get comments on the existing -- in the existing choices or would that just be opening up a can of worms? De Weerd: Uh-huh. Bodnar: Council Member Milam, I think that we -- we discussed -- MAC discussed ways that they could still get public comment. The current proposal has five pieces proposed, so we could always ask, which pieces the public might prefer and why. I think that MAC and the city might have some preferences or at least in color, because we have particular colors that look really well, but that's one way that you could get public input, but that's not to say that -- public input I think is a valuable component of public art and there might be other ways to get -- to get more public input that we haven't already considered. Cavener: Madam Mayor? Meridian City Council April 26, 2016 Page 16 of 58 De Weerd: Mr. Cavener. Cavener: Hillary -- excuse me. Hillary, can you refresh my memory. This one that's before us, Natives, was included in the public comment with the other two previous versions, but the other two previous versions were preferred, but ultimately were not able to come to fruition; is that accurate? Bodnar: Daniel Borup's is -- is being commissioned to go on City Hall. Cavener: Okay. Bodnar: Yeah. And, then, Danielle Foushee was the other strong favorite as far as comments and as far as MAC's consideration of those comments. That's why that recommendation came before you guys. Yeah. Cavener: Madam Mayor, follow up? Were there any other pieces that the public commented on? Bodnar: They commented on a piece by Charles Hammond called True North. It looks like a large archway and it has two different kinds of metal on it, COR -TEN steel and stainless steel and, then, a -- kind of like a compass point that points north. Cavener: Madam Mayor, one additional follow up if I may? Hillary, can you articulate as to why MAC chose not to recommend two options, as opposed to just giving us Natives versus the other one you just explained? Bodnar: I think that MAC chose one option as far as commissioning a piece just to streamline what their recommendation was. Cavener: Great. Thank you. De Weerd: Any other comments? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Hillary, I will just always pray that we eventually will have a flag pole back in that corner. Art's pretty and all, but I'd much rather put that money into a giant flag pole if we are going to put it into other mangled metal. That's where I'm at. De Weerd: You know, I -- I don't know -- when we talk public art, I hate to just settle for the next one and I agree with the arts commission that they feel that public art should allow for public comment and because that public comment, Meridian City Council April 26, 2016 Page 17 of 58 then, even on this, would delay and not make it possible. I just think we are settling and it's -- it's too important. If we have already set precedence to be leery of awarding a piece twice in a row to the same artist, because of what it might communicate to other artists, in particular the first time they -- they went that direction it was with an Idaho artist. This isn't even an Idaho or an area artist. I don't know. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hillary, update me on -- the original one that was picked for the north end down there that we -- De Weerd: The Grove. Bird: You don't want to hear what I called it. Anyway, who was the -- who was the artist on that? Bodnar: Danielle Fouchee and she was -- well, she's based out of Seattle. Around that area. Bird: And this is the same guy that did the one down here? Bodnar: Correct. Bird: Yes, I know that. He was a Meridian -- he graduated from Meridian High School I understand. With this art stuff, we will spend six months de bating and, then, wind up, you know -- and I know those -- I know the commission has went through this and went through this and went through this and I'm like Ty, I'd like to see the flag pole back up there with a flag, but I guess that's not going to happen, so -- I don't know. All I know is we -- if we are going to have one up there, let's get it done. Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: I appreciate your comment and I can -- I can understand the -- the conflict that you probably have had goin g back and forth on this, because I do think it's important that we allow the public to comment. I think that some of our neighbors to the -- to the east of us have encountered conditions where they have moved forward on public art without soliciting from the public. To Councilman Palmer's point, I would say that I would agree, too. I would love to see a flag pole back there as well one day, but in looking at what's before us I think that this concept of Natives is -- is a great recommendation from the Arts Meridian City Council April 26, 2016 Page 18 of 58 Commission. It sounds like it's one MDC supports and, quite frankly, I think it creates an opportunity down the road for a flag pole to return. So, I think the public has had a chance to weigh in and to Councilman's Bird's point, we -- we wait another six months, maybe a year before we may end up making the same decision. So, unless the liaison to the arts commission has anything that she would want to say -- if not I will make a motion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I agree and I have been kind of torn kind of going back and forth on this for a few weeks as well. But I do -- I do love this piece and -- you know, the fact that there is going to be separate pieces I think will be -- it will be a really pretty -- and a great addition to Meridian. Also, we have many -- we have more art projects into the future, so we have other RFPs to go out and more opportunity for other artists in and -- and I agree with Councilman Cavener that to waste another several months to maybe possibl y get something that we like better, when I think we have an amazing piece of art in front of us, I'm okay with commissioning this one. So, does anybody else want anything? Then I move that we direct the arts commission to continue looking into commissioning the Native piece for that corner. Bird: Public comment? Thirty days for public comment? Milam: No. Madam Mayor? The public has already commented and, unfortunately, Hillary, you probably don't have any of those -- Bodnar: I didn't bring the public comments with me, no. Milam: But there were -- there really was good comment on this and -- I don't know for how long. Two weeks? Two weeks long enough? And I would add that we have a couple weeks of public comment to decide -- or to help at least guide in which three of these five pieces to go with. De Weerd: Hillary, is that what this special meeting is to -- to discuss these five and -- Bodnar: The special meeting is to discuss two things related to public arts. One thing that they are going to be discussing is distribution of MAC funds by year and the other thing that they are going to discuss regarding this project is what C.J. Rench had reported back to me as far as getting the project done within this fiscal year, but he did ask if the commission would consider requesting additional funds. Meridian City Council April 26, 2016 Page 19 of 58 De Weerd: Yes. So, this doesn't fall in the budget, just to make sure you understand that. Cavener: Madam Mayor, before I maybe second that motion, question for Hillary. Hillary, what's the difference between what's budgeted and what this artist is going to be asking? Bodnar: The budget for 40,000 dollars is MDC's commitment to the project. The artist asked that -- the difference he was asking was 3,500 dollars to help cover the cost of cement, because construction work has gone up in cement. Labor has gone up in return. I followed up with him asking about if that was the difference between his original proposal last year and what the cost of cement and cement work is this year and he -- he didn't specify. I reached out to a contractor to ask if -- what current cost of cement work for the project would be and I haven't heard back from them yet. Cavener: Madam Mayor, follow up? In -- in the budget that went out does that include a contingency? Is there a contingency built into that? Bodnar: No. Forty thousand dollars from MDC is the total budget. That being said, MAC has MAPs funds that they could potentially draw from to cover the rest of the budget. And the MAPs funds are to support public art in -- art in public spaces. De Weerd: And some of that discussion is to be centered around if this is high enough priority or recommendation to tap into the additional funds. Bodnar: Right. De Weerd: Because their recommendation was two choices, not one choice, and so that was to be a discussion item. Bodnar: Right. They -- the Meridian Arts Commission hasn't had another public meeting to discuss what the artist came back with asking about the budget, so it's a chance for them to discuss and really deliberate. They might not -- MAC might not want to go forward with that. De Weerd: Hillary, does it make sense to bring this back next week after they have had a chance to talk about it and if they are -- if they do have a strong recommendation that this is what they want to do and they are willing to fund the additional 5,000 dollars out of their MAPs funds? Bodnar: I don't think their meeting would be until as early as May 3rd was when they could all get together. So, they -- and I think actually May 4th they want to be able to be at your next -- not next week's meeting, but the following meeting from there. As long as I know that it wouldn't be -- it would still be considered by Meridian City Council April 26, 2016 Page 20 of 58 City Council to commission art work I think they could prepare a recommendation if they do choose to support money from their MAPs funds, but if the city doesn't support a commission piece or this piece in particular that they are recommending, that's what I want to know, so that they can move forward and release an RFP and get the process going. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Let's get a second while we are going to do all this -- Milam: Madam Mayor? I would like to withdraw my motion. De Weerd: Okay. Milam: Start over. So, Hillary, you were looking for -- do you want -- is that what you're looking for is for us to choose one of the options or just to say go ahead with whatever the commission -- Bodnar: Councilman Milam, if there is one option that the Council wo uldn't consider, then, I'm asking you if you would eliminate one of those options or if you would consider both of those options, then, I can move forward with MAC, so they -- they can weigh out the -- Milam: Madam Mayor? I would -- I would be okay with either one of those options and I think that the Commission should make that decision. Bodnar: Okay. Milam: I'm not in big favor of paying an extra 3,500 dollars, unless that is the amount that the concrete has actually gone up since his proposal. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for Hillary. It sounds like you have solicited a recommendation from MDC. Are you looking for a preferred recommendation from Council or just that -- that we are supportive of both options? Bodnar: No. If Council has a preference I would love to be able to take that make to MAC. Milam: Madam Mayor? Meridian City Council April 26, 2016 Page 21 of 58 De Weerd: Mrs. Milam. Milam: I move that we recommend commissioning C.J. Rench's artwork with a two week window for public comment on the selection of the three pieces, but open to either option without being a preference. Bodnar: Okay. Milam: Is that a motion? Cavener: Madam Mayor, question for the maker of the motion. No surprise. Councilwoman Milam, is that dependent on the proposal being within the originally quoted price? Milam: Yes. Cavener: Okay. I will second that. Milam: As a preference, yes. De Weerd: Okay. I have a motion and a preference -- or a second on a preference. Cavener: It was a second. A motion and a second. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I feel over my skis and wrapping my head around what's transpired and which -- not your fault by any stretch, but getting my head around the sequence of events, so the -- one of the last comments about it going to the art commission to review and make the recommendation back to us, seems particularly appealing to me, even if that means that meeting on the 4th and on the 10th we hear at a workshop what their thoughts are. One of the concerns -- and maybe I might be missing some things on this, but the integrity of the whole entire process that's starts with an RFP and, then, comes to this stage trying to do the right thing feels a little clumsy. This so long -- and maybe the arts commission will address this -- is going this route with any decision jeopardizes the integrity of how we come to these decisions, you know, is doing another RFP the right way to do it? The commission's input, at least to me, is really helpful, becaus e I -- again, I feel a little sideways. De Weerd: Discombobulated. Meridian City Council April 26, 2016 Page 22 of 58 Borton: A little bit discombobulated and it's -- it's not your fault, it's -- I think it's mine trying to get my head around -- Bodnar: Madam Mayor and Councilman Borton -- De Weerd: And usually the recommendation comes from the commissions, not from the Council. So, I think that's why it's a little -- sideways is not even the appropriate term. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: The commission has already discussed this, Hillary; right? I mean didn't they already have a very strong preference to commission this piece? Bodnar: The commission did not have a strong preference of the two options they presented to MDC. Milam: They didn't? De Weerd: And they haven't had a chance to discuss the cost increase either. Milam: Right. That's -- De Weerd: Which could change their preference, you know. Milam: They might change their mind. Bodnar: Madam Mayor? It was my -- it was my decision to come to you today to bring you up to speed with the same update that I brought to MDC, because the contract for art would be in the city's hands. So, I'm trying to honor the same update that I provided to MDC to this Council. De Weerd: Well -- and I think that's fair. At least, Hillary, now you can bring back the discussion that MDC has had and their -- their comments as well that that money is easily pushed forward or transferred to the next budget year and, then, they can have a discussion and bring back one option for Council. Bodnar: Okay. De Weerd: Which would be easier. Milam: Yeah. Right. De Weerd: For a discussion piece. Didn't I have a motion and a second? Meridian City Council April 26, 2016 Page 23 of 58 Bird: Yeah. Let's call for the question. De Weerd: Okay. The motion and second I won't repeat. Madam Clerk will -- the preference is to give preference to Natives with consideration to the other options. Was that -- okay. Milam: Madam Mayor? As long as there is no price increase. De Weerd: Without a price increase. Okay. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, nay; Milam yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE NAY. Bodnar: Thank you. B. Parks and Recreation Department: Request for Approval of AIA Agreement Between the City of Meridian and The Land Group Regarding 77-Acre Park Design Services for a Not-to-Exceed Amount of $641,726.94 De Weerd: Okay. Item No. 9-B is under our Parks and Recreation Department. I see you're coming with a strong recommendation, so -- Barton: I believe we have a strong recommendation. Madam Mayor, Members of the Council, thanks for the opportunity to discuss an agreement that we have before you. The agreement is between the city and The Land Group for 641,000 dollars that will provide construction documents for phase one of our 77 acre park, which is in south Meridian off Lake Hazel. We -- we have a budget that was approved of 750,000 dollars, so this proposal is under budget. We have -- we took and refined the project scope of this, their proposal, and we actually took 70,000 dollars worth of fees out of their original proposal for items such as a special soils consultant and some irrigation consulting that a lot of that that we can handle in-house with our own staff. So, we got them down. The other thing that we did is we -- we placed some of their -- some of their fees into a reimbursable line item, which, you know, for one -- one example of that is -- there is a traffic study that we think we are going to need, but we are not really sure how much of a traffic study we need. That's going to depend on -- on how many parking places are designed in that 40 acres. I know that The Land Group, who is our choice of consultant on this project, took the concept plan to ACHD and they -- they kind of recommended a full traffic -- traffic plan, but, obviously, we are not building out 77 acres, so we don't think we are going to need that. In fact, we are quite confident. So, the 641,000 dollars is a not to exceed amount. We expect it will be less and with the remaining funds what we do with these projects Meridian City Council April 26, 2016 Page 24 of 58 is we get to a certain stage of design and, then, bring a construction manager in for pre-construction services and that construction manager will -- will truth the costs and give us a real accurate opinion of cost and that pre-construction service will take us all the way up to bid time in the project. As far as the project timing, if we can get started on design this summer we will have a good idea of what it will take to construct phase one and we can come in next spring with a -- with a solid budget request for fiscal year 2018. It's our hope that we could bid in December of 2017 for a 2018 spring start to the construction project. So, I guess with that I will stand for questions. Palmer: Madam Mayor? De Weerd: Thank you, Mike. Yes, Mr. Palmer. Palmer: Madam Mayor, Mike, I think I heard 40 acres in there. Is that what phase one will be? Bird: Madam Mayor, Councilman Palmer, yes, sir. We think it's going to be in the 40 acre range. So, 40 out of the 77 would be phase one. Palmer: Follow up, Madam Mayor? De Weerd: Uh-huh. Palmer: And so the remaining 33 acres -- 37 acres would remain as they are or is that going to be just grass plain or -- Barton: So, currently we have an agreement with Turf Co to grow sod out there and we are hopeful that they will just grow sod on the back half, so it could be an overflow for soccer fields -- I mean everything is kind of contingent upon parking, but I mean if you look at our CIP and kind of -- kind of forecast our years, we have funds in our 2018 CIP for construction of phase one and, then, in 2021 there is an additional amount of four million dollars for construction of phase two. So, we are kind of hoping that it will stay in sod and maybe provide some overflow green space and, then, by 2022 actually build the rest of the park and some of this is, of course, contingent on development and our approval of impact fees. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And, Mike, a lot of this planning by The Land Group at this point, even though it's the first phase, which is 40 acres, a lot of this will include the infrastructure that we will have for the 37 acres also; right? Meridian City Council April 26, 2016 Page 25 of 58 Barton: Madam Mayor, Councilman Bird, that's -- that's exactly correct. I mean we are bringing services into the site. We will be building an irrigation pond. We will put an irrigation pump and electrical components that will support the back half of the site. So, there is a lot of expense in up front planning, if you will, to get the front built so it will support the back. Cavener: Madam Mayor? De Weerd: Yeah, Mr. Cavener. Cavener: Question for you, Mike. What opportunities for the public to participate or provide feedback as to what amenities will be offered in this park that's in this process? Barton: Yeah. Madam Mayor, Councilman Cavener, yeah, once we get going we have -- during our park system master plan update we did a -- did a concept plan for this park and I'm not saying that we are going to use that particular layout -- Cavener: Uh-huh. Barton: -- but it was a good -- kind of a good measuring tool for what the public might desire in this park and we got some really valuable feedback based on those public meetings that we already had. So, we are going to take some of that and bring it into the first couple stages of design and, then, from there we will hold public meetings. We will hold both open houses, we will bringing the Council along -- you know, along the way along the process. We will be talking to our parks and rec commission and gain their feedback. So, there is -- in these fees there are numerous public meetings and as we go forward we will -- we will schedule those. Cavener: Great. Thanks. De Weerd: Okay. Any other questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I would like to move that we request -- that we approve the AIA agreement between the City of Meridian and The Land Group regarding the 77 acre park design services not to exceed the amount of $641,726.94. Bird: Second. Cavener: Second. Meridian City Council April 26, 2016 Page 26 of 58 De Weerd: It looks like we already have our vote. Oh. Motion and second. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. C. Finance/Human Resources: Direction/Guidance on Presentations on: Compensation Plan, Health Care Benefit Projections, and Allowable 3% Property Tax Projections for FY2017 De Weerd: Item 9-C is under our Finance Department and HR. Bird: Oh, boy. De Weerd: How quickly you get a reputation. Ritchie: Madam Mayor, Members of the Council, thank you so much for having Todd and I back this evening. As you know that we have come before you -- hold on. Sorry. It's not working. Okay. We have stood before you during the month of April to discuss with you several different budgetary topics for the FY-17 planning and preparation for -- thank you, Todd -- for the new budget year coming up. We stood before you to present to you some information for your consideration. Those three topics were our city's compensation plan, the city's benefit program, and in addition to that the person allowable tax on information. We shared a lot of information at that time for you and Todd and I are back this evening to discuss with you and answer any questions that you may have in addition to that, receiving your guidance and direction, s o that we can go ahead and move forward. So, just to kind of summarize and wrap up, the three different topics that we presented to you during the course of the month -- the first topic was our city's compensation program. Just as a reminder the compensation program is supported by a city policy and we do have established salary guidelines that we use when administering our merit program. The considerations that we presented for you and to you the first part of April was for your consideration of a two to four percent placeholder for the budget for a merit increase. As I mentioned to you back in the first part of April we will not have our local, state and national data until May and June of this summer, but we wanted to come forward and share the information with you that we had, so that we could look to some direction from you as we move forward and prepare for the FY-17 budget. We will continue to monitor the information at the local, state and national levels and bring that information back to you. Meridian City Council April 26, 2016 Page 27 of 58 Lavoie: Madam Mayor, Members of the Council, what we have here is the slide that we presented to you in our previous meeting. What this shows is a mathematical calculation of our estimates on what the merit would look like from two percent to four percent for the city as a whole. Please note that the numbers that we are looking at -- these do not include any adjustments to the police STEP plan. The police STEP plan is handled in a separate function and those adjustments, if there are any, will be presented to you on a different form. But, again, this here represents what the total cost would be for -- let's say, for example, for three percent, the city would be looking at approximately 673,000 dollars as an annual increase to the overall personnel wages and as a secondary note, please, note that this does include an estimate to the fire department union contract. Unfortunately right now the union contract is under negotiations. We do not have a final number on which direction to go. I just threw the n umbers in there just as a possible placeholder as an estimate to show you what the impact would be if we increase their wages at the same rate as the general employee. So, again, right now what we are looking for is some direction so that we can develop a Mayor's budget proposal in the month of May for you. With your direction we can apply a two percent -- or, again, it's up to you. We are making a recommendation between two to four percent for us to input into the city budget. So, again, we are standing here now to answer any questions, look for direction, so that the Mayor and I can develop a budget accordingly based on your direction. De Weerd: Questions? Comments? Lavoie: Madam Mayor, apologize. Just want to remind you that all decisions that we make here can be changed up until July 20th. So, again, you're just giving direction, you're giving guidance, so if you give us the direction of applying a three percent with -- still right in the middle, we will apply the three percent, the Mayor and I will develop a budget for you with three percent built in and, then, Council does have up until July 20th to make any changes to this said recommendation. Just wanted to put that out there. Little Roberts: Madam Mayor? De Weerd: Yes, Mrs. Little Roberts. Little Roberts: Does the almost six percent voluntary separate -- how does that compare with other cities and how does it compare with the business community? Ritchie: So, we have not gone out and asked that specific question to the local municipalities in the Treasure Valley. We can certainly do that and I can provide you that information and follow up with you at a future meeting or via an e-mail. Little Roberts: Okay. Thank you. Meridian City Council April 26, 2016 Page 28 of 58 Ritchie: You're welcome. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, you're looking for an amount at this point -- you're not -- not necessarily whether it's merit or cost of living or however it's divided up, we don't have to necessarily set that, you're just looking for a placeholder amount f or the budget? Ritchie: Mrs. Milam, that's correct. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question potentially for Crystal. Madam Mayor, you may want to chime in as well. As we have -- going through this process, which I have found to be incredibly valuable, there has been some, I don't know, questions regarding incentivizing what is deemed satisfactory work and I think that we have done a good job somewhat navigating down that path. My question is is there a scenario -- and, again, I'm not sure -- I'd like Council's thoughts on this -- where we provided a predefined percentage as a cost of living for -- for staff and, then, a secondary amount that would be associated with exemplary service as part of their evaluation? Your thoughts, opinion? Ritchie: So, that is something that we have had some brief conversations about and we are willing to look at for next year as a different form and different method to recognize and reward our employees for performance. I will tell you th at as a city we don't offer a COLA, which is a Cost Of Living Adjustment -- Cavener: Right. Ritchie: -- into our policy currently. So, that is something we would need to address if we want to move down that path for FY-18, but we still are open and willing to discuss different types of merit or different types of pay programs for our employees. Cavener: Great. That's a great answer. Thank you. Ritchie: You're welcome. Cavener: Well, we are awfully quiet. I will go -- Meridian City Council April 26, 2016 Page 29 of 58 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Todd, what is -- I don't know if you know exactly. What's -- what's the average salary for the city? Do you have any idea? Lavoie: Madam Mayor, Councilman Bird, unfortunately, I do not have that answer at my fingertips. Sorry. Cavener: I expected you to ask that. Bird: Well, I have seen -- I have seen it. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It sounds like we are going to take these one at a time, rather than as a group, so whether a fund is allocated or proceeds are allocated as cost of living or merit or some combination, isn't for today, it could be any or both or neither. We all recognize that this city lives and dies with the employees and we hear from community groups and applicants and our own staff all the accolades that we receive and it's due in large part almost exclusively to the employees that we have. And we talk about being conservative with our budgets and conservative with spending taxpayer dollars and I think all of our city employees know that and that goes both ways. When times are difficult I think our employees recognize that -- that they will be tasked to -- to participate in reigning in some of the -- the costs when times are difficult. But when times are good and our city succeeds through their great efforts, we want to certainly recognize them in any way that is prudent and appropriate fiscally. So, I'm comfortable from my opinion in developing a budget with a placeholder that has the three percent in it. I think Councilman Cavener brings up a great point that should be discussed further. How that is allocated, some percentage as a cost of living component, some other percentage being utilized for merit compensation and specifically how we administer our merit program can always be reevaluated and there may be more effective ways to use those funds to truly reward those exceptional employees that we all know are there. Again, it's not -- I don't think that's a decision for today, that's not part of the discussion, but we don't want to lose sight of -- that's just an opportunity that -- that we can improve what we are doing. If we are all going the same direction trying to reward our valuable employees, I think that's just another opportunity to do that more effectively. So, that's a long version of what -- at least I'm comfortable placing in the budget and you brought up a point, which I think is correct, and employees recognize that, is we are setting forth a placeholder -- quite frankly, it can go up, it can go down as we vet all of the other expenditures that it takes to run the city successfully. So, I get a sense that the Meridian City Council April 26, 2016 Page 30 of 58 employees recognize that and the Council and Mayor certainly recognize that. So, that's the basis from -- at least my recommendation going forward. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I agree with Joe. Little Roberts: I second that. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I guess I will be agreeing with Councilman Borton as well. I guess I would -- if you're looking for feedback, which is why you're here in front of us. I would be more in favor of four percent as opposed to three percent, with the caveat I think, again, that staff understand s there is a potential that that number could go down. I -- to Councilman Borton's point, as a placeholder three percent makes the most sense. I think that we have all been in positions where if it's three percent we don't ever see it going up to four percent. So, if we have the ability to start at four percent, recognizing that we may have to have that tough discussion where we chip away at that to a degree, I would rather start at four and work down than start at three and work down. Again, that's just my perspective. Little Roberts: Madam Mayor? De Weerd: Or start at three and work up. Cavener: It won't happen. De Weerd: Mrs. Little Roberts. Little Roberts: Well -- and I agree with Councilman Cavener, I think we should start at four as a placeholder and potentially have to shave some off. And maybe not. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think it's more exciting to start at two and work up. Bird: I would agree with you, Ty, a hundred percent. Meridian City Council April 26, 2016 Page 31 of 58 De Weerd: Okay. We will bring you back something. Cavener: Two in favor of four. Two in favor of two. Two in favor of three. I think you have got three different doors you can walk through. Ritchie: Thank you. The second topic that we brought back to you on the 12th of April was -- excuse me -- was in regards to our city benefit program and so currently I shared with you that we do have a benefits committee that is working diligently to move forward and provide to the city and to the employees the most effective, cost efficient program that we can with as rich of a program as we can for those dollars. Currently that benefit committee is working towards no design -- design plan changes, with the possibility of an increase to the health savings account. We are this year going to be going out to market regarding our medical plans, the flexible spending, and our COBRA administration services. So, what we brought you back earlier in April was a placeholder and a recommendation for consideration of a nine percent placeholder based on our current experience rating of 102 percent. In addition to that please keep in mind that of that nine percent five percent right off the top of that figure is to cover the ACA pass through charge or surcharge that we discussed a couple of weeks ago. Actual renewal rates will not be available until June. We have different meetings as well coming up with a lot of local agencies where we will be able to gather what other Treasure Valley and other state agencies are going to be doing in regards to benefit increases, merit. Not to back us up any further, we will provide that information forward. So, we will continue to monitor this one as well. And to reiterate what Todd shared with you is that, again, all of the information and guidance and direction that we are receiving this evening is su bject -- we have the opportunity to make changes up through July 20th I believe. So, Todd? Lavoie: Thank you, Crystal. Again, Madam Mayor, Members of the Council, what you're looking at here is a slide that we presented to you at our last meeting. This is the total cost for the city's benefit package year over year. As it was recommended, we are recommending a nine percent request for the benefit package and that is from 2016 to 2017. So, to go from 5.2 to 5.7 that does cover the nine percent that we are making a recommendation towards. So, today we are looking for I guess guidance and support of accepting the nine percent into the budget as a placeholder as we are. Again, if any discussions come up between now and July 20th we are able to make the changes, but as a placeholder as we could say, we are comfortable with nine percent. Again, we are just looking for your guidance and we will put that into the budget proposal for you in May. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council April 26, 2016 Page 32 of 58 Bird: Todd, does that -- does that include increasing FTEs if we should add it? Lavoie: Councilman Bird, all FTE additions to the budget -- all benefit costs are going to be included on those enhancements that are presented to you during the June meetings. Bird: And that will show up in that? Cavener: That will be an actual number. Milam: They will know it by then. Lavoie: That is correct. We will adjust the rates accordingly for that, yes. Bird: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Crystal, I believe I heard -- I just want to make sure we are clear on that, that what we are expecting to come back with is no change in services offered? Ritchie: We are working towards no change to the plans that we currently have in place. Cavener: Great. Madam Mayor, follow up? I think nine percent -- you're the experts on this. If you think nine percent is the right number I'm not going to question that. I'm in support of that. Milam: Madam Mayor? De Weerd: Nodding heads. Yes, Mrs. Milam. Milam: You didn't give us very much -- you didn't give us any options on that one. Nine percent or ten percent or 11? No? Obviously, yeah, I'm in favor of it. I just want to say, though, that I'm very glad that you're -- we are going out to bid and, hopeful, you have several different options this time. Ritchie: Yes. And we will bring that back and share that with you as well, Mrs. Milam. Milam: Thanks. De Weerd: Okay. Meridian City Council April 26, 2016 Page 33 of 58 Lavoie: Thank you. So, the last part of the road show was your three percent allowable tax discussion. We presented to you the state code that the city follows to develop our annual property tax calculation and we presented the components of the property tax calculation and, again, we are -- and we also presented the reasons and the components of why we would want to consider taking the full allowable three percent at that meeting. So, in summary, this sheet -- here, again, all numbers are subject to change, but this is a summary sheet for us to consider. The item that we want to discuss is the three percent allowable increase. All the other components within property taxes are governed and mandated by the state. There is really not much discussion there, It's just the three percent allowable. We have that option. Again, our recommendation to you is to exercise the ability to take the three percent to cover the expenses that we -- that we represented -- presented last week. Again, this is informational purposes. It shows you that if we did take the three percent it would be a total cost of seven and a cost -- that would be a revenue source of 781,000 dollars to the city. So, with that we are looking for guidance, direction, placeholder. Again, as we have stated in the other two items, all items are subject to change up to July 20th. But for us to develop a budget for you, if you can give us guidance on what we need to input into our revenue source, that would be helpful. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: While we have this discussion can we sit on that slide? De Weerd: What was that question? Statement? Okay. Borton: Madam Mayor? De Weerd: Mr. Palmer. I mean Mr. Borton. Borton: Todd, can you talk about the budget building process? If it was looked at in reverse where the Council were to say exclude the three percent, develop the balanced budget, for better or for worse, based upon that and utilizing the June workshop where we kind of tear into things in detail, that decision can be added back in if and when nece ssary, is that kind of too backwards and cumbersome to do it that way? I'm just -- Lavoie: Councilman Borton, that process is possible. We are -- we have up until July 20th to add the property tax increase up to three percent or reduce the property tax down to zero, like you're recommending. Either way will work. We feel if we add the three percent in now you can see what the total impact of the increases to our revenue would be, so you can see if you can cover all the expenses supplied to you -- or represented to you during the June workshop Meridian City Council April 26, 2016 Page 34 of 58 meetings in whole. So, either/or would work for this presentation. We are making a recommendation that we add the three percent in for presentation purposes. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I like Councilman Borton's idea. I think that -- let's set our budget to the workshop less the three percent, Todd, and we can always add it back in. See what we have to cut and what we don't. I mean you don't have to come in with a balanced budget at the June thing and, then, we can budget it to -- we can see -- I hope you can come in with a budget balanced, but -- Lavoie: Well, Madam Mayor, Councilman Bird, we can definitely start with zero. The Mayor and the financing -- our goal is to always present to you a balanced budget. Bird: Oh. Lavoie: That has been a desire of the Mayor and the finance team and the directors. Bird: And the Council. Lavoie: So, for us to deliver a budget to you in May we will most likely budget to the revenue source that you recommend. So, if you recommend zero percent allowable tax, we would probably most likely deliver to you a balanced budget with that in consideration. But we know that we could change it with the additional revenues if you allow us to take t hose 781,000 dollars that's available to us. De Weerd: Well -- and I would -- most of you were participants -- well, all of you were participants in the base budget discussions and I think there was one department that came in without any increase at a ll. I just -- and with the discussions you just had with salary and benefits, the base would not come in -- you need the three percent just to keep up with the base, but it does cut into levels of service and the growth that we just experienced. So, we will come in with whatever you want, but what I -- I would like is if we say don't take the three percent at least to give us an idea of why. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council April 26, 2016 Page 35 of 58 Palmer: Madam Mayor, question -- Todd? What -- with the increase in property values, hence more taxes being paid, what -- what does that do? How much -- what's the difference there with -- with the increase in property values -- the assessment going up anyway -- not the assessment, but the actual dollars. De Weerd: Yeah. Lavoie: So, the way -- Councilman Palmer, so as the property value increases within this city taxing district, in the mathematical that's your numerator, that's the number on top. So, the higher that number gets to potential of your total tax lev y, the .003 that we are comfortable with, will go down. So, if the tax -- the taxable value actually -- it's -- it's an inverse relationship. So, if the taxable value goes down, most likely your tax levy is going to go up. If your tax value for the whol e city goes up, your tax levy will come down. I'm not sure if that helps you there. So, again, every property is unique to itself based on the exemptions that Ada county provides you. So, not every single house is going to be the same. So, if your house goes up ten percent, well, because of the exemption -- so, if your house value goes up and based on the property taxes that we require for our overall budget, again, they all interact, but if we raise the budget, the amount of taxes that you pay will most likely go up just slightly. Not at the same rate that your property tax went up. I'm not sure -- I think I may I have lost you there, but -- I apologize. Palmer: Mostly got me. Lavoie: Yeah. De Weerd: Generally, historically, when we have seen the market values go up, your levy goes down. Lavoie: That is correct. The inverse relationship. Palmer: Madam Mayor, follow up then? Or I guess not necessarily follow up, but he says that if we say zero percent he's going to deliver us a ba lanced budget at zero percent. I think not increasing property taxes and balancing our budget sounds fantastic. So, that's where I'm at. I certainly am not going to vote for a tax increase when we are paying for art and other things. De Weerd: We aren't paying for art. Palmer: When we are allowing other organizations to collect taxes to spend money on art. De Weerd: They can make their own decision. We are not a nanny city. Sorry. Other discussion? Meridian City Council April 26, 2016 Page 36 of 58 Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I'm concerned with keeping up the levels that our citizens expect us to provide if we don't look at the increase. Would it be extremely difficult to present both, a zero and a three percent increase -- two different budgets for us to look at? Okay. I guess the answer to that was yes. Lavoie: Madam Mayor, Councilman Little Roberts, we can deliver the budget to you in an unbalanced position of -- it's called 781,000 dollars. We could deliver that to you. Again, it's a desire of the Mayor and the Finance Department to deliver you a balanced budget when we present to you, but we could present to you an unbalanced budget. Again, it's not something that we like to practice. Again, I agree with you that the level of service is a big requirement -- or a big reason why we need to take the three percent and, hence, the recommendation to you last week of why we would promote taking the full three percent for those costs, those recommendations and those future nee ds of the city. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I didn't intend to open a can of worms to necessarily make a decision, I'm, quite frankly, open to both myself . I was merely asking to see if the process allowed us to do it backwards, to exclude it and add it back in. It very well may be appropriate. The argument for including it in the -- the compounding effect -- I think it was in your earlier presentation, you know, over ten years, like 4.9 million dollars of lost revenue -- well, the converse argument can be made by avoiding an increase one year can effectively reduce taxes to the citizens of 4.9 million. Even if you were to take it in subsequent years. So, it cuts both ways. And to the Mayor's point, to have that discussion in June, well before July -- I think the June workshop where we see here that -- the real consequences if we were to choose to not take it, whether on level of service or even merely balancing the budget, it might not be feasible to not take it and that June workshop might explain that in great detail, at which point we would make the decision. But part of the process that we are going to I think use going forward, which would be helpful, is the CIP and as we memorialize our commitment to the CIP going forward more consistently, we will recognize and it will be helpful in June to know if we are committing to fund X or Y in 2019 or 2020 and we are on board generally with the commitment, that will help articulate to us why perhaps three percent is appropriate today to help fund that future capital project. So, there may be very good reasons to include it that might come out in June. It's possible to exclude it. I'm not necessarily saying in my eyes it stays out forever, but be nice to see it without it, if it's possible. So, that's kind of why I brought it up. I -- I think intuitively there is problems if it's not included, in light of what the city's -- Meridian City Council April 26, 2016 Page 37 of 58 how it's growing in a variety of ways and its capital commitments going forward. I think June might expose all of that and at least get me comfortable why it may be necessary. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: If I'm not mistaken, Councils over the past 15 years 13 different years have taken three percent. Is that accurate, Todd? Lavoie: That is accurate. Bird: Never turned it down. Cavener: So, Madam Mayor, if I may. I have struggled every year that I have been on this Council with taking the three percent for many of the reasons that Councilman Palmer articulated. However, to Councilman Borton's point, the fact is that our city is growing and the demands grow more and more each year. Even though it's a very hard pill to swallow raising taxes, sometime it's a necessity in order to maintain the level of service that our community offers. I question the coming in at zero, if that doesn't just create a much more challenge for this Council and for our staff between now and June. Not saying it's a foregone conclusion that we are going to take three percent, because I 'm not there yet. But I do think that it's possible that we would inevitably take a one percent or a one and a quarter percent, again, depending on the need and so I guess my -- my question may be for Todd is in light of I think Councilman Borton's point of kind of starting working backwards makes a lot of sense, knowing that the finish line inevitably would result in some increase of some sort, potentially. Is there a -- is there a middle road, is there a better solution that allows staff and the Mayor to bring a balanced budget to -- so they feel -- you feel like you're moving forward correctly, recognizing that the Council isn't completely on board with just arbitrarily saying we are going to take a three percent? I really -- that's a big question with lots of pieces, but I'm -- I'm curious your thoughts. Lavoie: Madam Mayor, Councilman Cavener, the Mayor and I can definitely develop a proposal to you with zero percent, like your -- Councilman Borton and Councilman Palmer and you are recommending. We can look at a process where maybe we can still deliver a balanced budget, because that's our desires. Maybe we can look at developing a list of unfunded items that didn't make the balanced budget, so that if you do consider a three percent, two percent , one percent, we can add those items back into the budget. I was just thinking off the top of my head, like you said, a lot of moving parts. Again, that's something for the executive team and the Mayor to develop. There are possibilities, there are ways that we can get to you the information that shows both a zero percent and Meridian City Council April 26, 2016 Page 38 of 58 what the impacts are by items that didn't make the cut for a balanced budget, we could figure that out for you, yes. De Weerd: We can do about anything. I mean -- again, it's -- I have listened to some of the conversations that we have had wi th individuals and even with our citizens who would rather see incremental changes instead of one large thing and I think that this Council, as in former councils, has not been interested in the foregone balances ever, but as -- because those were decisions that were made when we were growing only slightly, but you have seen the cumulative impact that means to an unfunded CIP or an unbalanced CIP. We are going through a couple of exercises in the coming months and maybe couple years to costs of levels of service and priorities in government that will give you better tools to make decisions like this. But if you even look at the capital improvement plan, we are talking about adding a fire su bstation next year or even the following year -- the capital alone is 1.5 million and two million and addition to the base is 1.2. Even if you just took the three percent and put it in the public safety fund and said that is going to be dedicated to the base for the personnel costs alone -- I don't know. We are -- we are growing and the -- the decisions we make up here on that growth kind of have already answered the three percent question, but if you want us to bring you a -- a budget without the three percent, with the three percent in personnel and the nine percent in benefits, we will figure it out. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: How fun would it be to be able to go the public -- De Weerd: It's going to be fun. Palmer: -- and say, look, we figured it out, we -- times are good and getting better, maybe, but we could have taken three percent, but we figured it out, we didn't need that three percent. We didn't increase your taxes and we kept the services as they are and we -- we made it happen. That's what I want to come out of this next year being able to say, not, yeah, we increased your taxes, because we needed it. They say why? Well, go look at every line and figure it out. I just think it would be a blast to be able to go out and say we didn't increase your taxes and you still get the Meridian you have. I think we can figure it out. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: To Councilman Palmer's remark, I -- yeah, that would be great. I would -- I would love to not raise taxes. I pay property taxes on six houses in Meridian, so I would love that. But it's probably the conversation is going to be more like, hey, Meridian City Council April 26, 2016 Page 39 of 58 we didn't raise your taxes, but if you call 911 it might take a little longer for somebody to get there, so don't expect them very fast. That's a problem that I have with it. So, as much as I don't want taxes to raise, we can't maintain a level of service that we have, because with the growth you can't spread them any thinner and maintain the service. So, we need -- we have additions that we are going to need in our emergency service departments. De Weerd: And I would like to say that the councils of -- of the past have tried to walk that fine line of keeping your taxes low and your service levels at the service levels that our citizens expect and that's a good thing. But lean and what we expect of our employees I think there is -- there is a cost of service and you will have some departments that will come in front of you already saying we are already too lean and you're going to see that in requests, so -- but -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I -- I think that -- that our service as -- we have had -- we have had one department that their budget in five years went up over three million dollars and their response time has went up over a minute and a half, so -- De Weerd: And how much have we grown? Bird: Well, we have thrown the money at it, so I would say let's give it a try and I -- our service will be top notch, I can tell you that. It will always be top notch. De Weerd: Okay. Lavoie: Appreciate that. Will go ahead make the recommendation -- or take the recommendations and develop a balanced budget for you and we will present it to you in May. So, Mayor, we have some work to do. So, with that we stand for any other further questions. If not we will take your recommendations and develop the budget accordingly. De Weerd: Thank you, Todd. Lavoie: Thank you. D. Community Development: Meridian/McMillan Intersection Configuration De Weerd: Thank you, Crystal. Okay. Community Development. Caleb. Hood: Thank you, Madam Mayor, Members of Council. I'm glad I get to follow that discussion. This will be fun. So, this actually is a conversation about an Meridian City Council April 26, 2016 Page 40 of 58 intersection, so I just want to orient you real quick. It's in the title of the agenda item, but just kind of want to orient you to Meridian-McMillan intersection and I do have Google maps up, so we can kind of zoom in and out if we need to. Heritage Middle School on the northeast corner. It doesn't show it now, because this aerial is a little old, but this is where Paramount commercial and the apartments are going in. So, this is Paramount over here. So, that kind of orients you a little bit with the intersection we will be talking about today. There is a developer cooperative project -- that's what ACHD calls these -- back in the day. I think it was about 2008 that this intersection was rebuilt. I didn't look that up, I'm sorry, but the developer basically built this intersection ahead of ACHD's plan. So, that's what they call a developer cooperative project. As part of that design of this intersection ACHD allowed the reconstruction of this without realigning the Lemp Canal and that really is going drive a lot of what we are going to talk about today. You can see the canal crosses underneath this intersection and creates an offset. Just to compare and contrast a little bit, ACHD did a project -- if I can pull this over -- not too long ago, just a couple miles down -- or, excuse me, one mile down on Locust Grove. So, this is the Maverick gas station. This is all under construction now, but you can see the -- the South Slough, Lemp Canal, came here and what ACHD did -- it used to run through the intersection and go to the north side through the intersection, but it was relocated back here and that allows your lanes at the intersection to align better. So, just to kind of see. But it's very expensive. This is a major facility and costs a lot of money to relocate it. So, again, jumping to the subject intersection, that creates some of the problems. It's not unusual to have an intersection that has your lanes offset. What makes this intersection configuration a little bit different is the length of the throat. So, Meridian Road here isn't overly wide , so as you're going east to west you don't have five, six, seven, eight, nine travel lanes to make up the difference of going five, six, seven feet out of direction. So, just to kind of, again, orient you a little bit to what's going on here. You have got the canal that creates that offset here and a fairly narrow Meridian Road, you know, relatively speaking or comparatively speaking to other intersections. You're under the same thing at Franklin and Main Street, but that's so wide by the time you get to the other side you don't even know that you went six, seven feet over most of the time. So, there is some -- sometimes it's designed a little bit different -- or a little bit better than others, but it's not unusual, it's not ideal either. So, that's kind of the situation. So, back earlier this year there was a gentleman that had a crash out here -- get to the slide here. So, this is the same intersection, just a little bit older aerial, and it was a dark winter's night, it was rainy, he was heading westbound in this travel lane and didn't see the median until he was right up on it and hit the median and ended up over in the shoulder going through the mud -- long story short, I mean had to get towed out. A wrecker had to come and get him he was so deep in the mud and messed his car up. So, these pictures kind of show you what that offset looks like today and you can see that it is. He came and presented that to ACHD. ACHD said what we will do for you is we can add some tracking -- you can kind of see the tick marks, you know, that they -- you know, as you're making like dual lefts they kind of have, you know, stay in your Meridian City Council April 26, 2016 Page 41 of 58 lane as you're making the turn -- some paint and add a taller candle at the -- at the head of this center median. He didn't like that answer. Contacted the Mayor's office. The Mayor referred -- his name is Gerald Diffendaffer -- referred him to the transportation commission and the transportation commission heard from Mr. Diffendaffer earlier this month and what the commission recommends is that the Mayor or City Council, whoever wants to be the signator, send a letter to ACHD asking them to enter -- in the interim, until additional improvements are made on McMillan and at the intersection -- I will come back to that in a second. Remove the bike lane that currently exists on the south side of McMillan in this location. It's about 400 feet long. There isn't any other bike lane back to the west, so this is kind of an isolated instance of bike lane. There is bike lane on the east side of the intersection. However, that ends at about a third to a half mile -- I didn't measure it exactly, but if we want we can go back to it, but it goes about that far and doesn't -- so, it doesn't go even to Locust Grove, it stops again roughly a third of a mile -- almost half a mile down. So, what the commission would like to do is have the Mayor send a letter to ACHD asking them to restripe this intersection. The median would, obviously, would have to be relocated approximately six feet to the south and that better aligns the intersection. Until the intersection is rebuilt and/or Meridian -- or, excuse me, McMillan Road is widened and that's, again, the little caveat h ere. It is an interim request, however, it's probably going to be a long term interim request, because there isn't a segment of McMillan in ACHD's capital improvement plan, which is a 20 year plan, east of Ten Mile. So, right now anyways best guess would be 21 or more years out. So, ACHD doesn't plan on doing anything on McMillan in the foreseeable future. So, some day, you know, it would be great to have the bike lanes on both sides of the street to and through this intersection, but that was what the transportation commission recommended, again, due to that -- that exiting offset. You can see it's been hit for sure. I mean it -- as Mr. Diffendaffer testified, I mean it's -- it is an issue. So, that was the request of the transportation commission. I have not drafted that letter yet. I wanted to have this discussion first to make sure before I went to that effort, but I can certainly draft that and I don't anticipate bringing the whole letter back, but just working with the Mayor, Mayor's staff to get that letter done, if the Council agrees to send such a letter to ACHD with that request. So, that is the presentation, Madam Mayor, and I will stand for any questions. De Weerd: Thank you, Caleb. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, this looks like a common sense proposal before us. I'm curious what Justin has to say. De Weerd: Aren't you glad you stayed, Justin? Meridian City Council April 26, 2016 Page 42 of 58 Lucas: Madam Mayor, Members of the Council, for the record Justin Lucas representing the Ada County Highway District. Business address is 3775 Adams Street, Garden City, Idaho. So, just to preface my remarks, I am not a traffic engineer and really have no desire to be one. I did have a chance to sit down today with Tim Curns, who actually used to work here at the City of Meridian, and we discussed this situation at length and our traffic department has done quite a few improvements out there, including the things that Caleb mentioned. A post -- I actually saw it. It's almost 36 inches high. It 's larger, much more visible. The track marks do help. I'm -- my personal opinion on this issue is probably irrelevant at this point, because I'm not a traffic engineer. I don't want to sway you one way or the other. I can say that this is not an uncommon situation. We did review the crash history at the site and it is not expensive in any way. There is a 250 watt luminaire light post directly above this location, so there is adequate lighting and there are reasons why the intersection was designed th is way that you saw that canal as an extensive and large facility and that's why the offset exists. The removal of the bicycle facility -- although this is not completely connected, through the work of Brighton Corporation you are going to have apartments directly across the street from the school and depending on where those children are going, there may be enough -- there may be some use of this bicycle facility and I know that Brighton has come and had early discussions with ACHD to enter into another developer's cooperative project to extend and widen McMillan Road in this area in front of what is the Paramount Subdivision. So, I think there is a lot going on out there. This is a rapidly developing area and although ACHD may not have any specific capi tal project out here, that does not mean that the bike facilities cannot be extended through work from a developer -- potentially maintenance work from ACHD. We actually are able to add bike lanes and do the widening through maintenance work also. I can't speak specifically to when that would happen here, but that is one of the options. And so just try and provide as much information as I can to you as you consider this -- this decision. I do know that long term McMillan Road is planned for a three lane facility. A lot of the thought going into that, which has been talked about quite extensively, is to make McMillan Road more bike and pedestrian friendly and some of the other roads in northwest Meridian and so that I think should potentially weigh into your decision on an issue like that and I can certainly stand for any other questions. I have probably said too much. De Weerd: Questions? Bird: I have none. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council April 26, 2016 Page 43 of 58 Palmer: It's not a question. He's just asking for a letter and it looks -- I mean it's up to them whether they want to do it or not. In full disclosure that's the nearest major intersection to a home I'm in the process of purchasing, so I anticipate going through that intersection a lot, but -- I don't know. I think sending the letter is fine and them deciding, then, what they want to do. De Weerd: Just remember the road jogs. Palmer: The what? De Weerd: The road jogs as you're driving down that -- Palmer: Right. But if you can -- De Weerd: If you're to be there often. Driving. Palmer: Right. I may be driving up the bicycle lane to avoid the cement chunk in the middle. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Clarification, Justin. You mentioned since this gentleman initially contacted ACHD you have added an apparatus I guess that's out in front of that? Lucas: Yes. Madam Mayor, Councilman Cavener, yes, we have actually installed the improvements that -- that were intended to help mitigate this situation. They are on the ground right now, including a larger -- we call them candles, but it's the -- the post that goes in on the leading edge of that curb. Also this left-hand track marks, which are actually yellow, and, then, straight through track marks which show up as white. You know, during the winter with visibility issues there are many intersections where if it's raining and it's wet it can be difficult to see. As I have talked about this with our traffic engineering group, if there was a consistent history of documented crashes at this location I think they would have taken a different approach. This -- although it does appear to have been hit, I -- we can't speak to the consistency of that. Some of those may be unreported, obviously, so -- Cavener: Madam Mayor, follow up? Justin, can you articulate what that threshold is for ACHD? Lucas: Madam Mayor, Councilman Cavener, there is no established threshold. They look at the volume of traffic going through the intersection, they look at the type of crashes that are reported and depending on the engineering on that -- of the engineering and configuration they, then, determined if they -- if they feel Meridian City Council April 26, 2016 Page 44 of 58 there is an engineering issue that needs to be resolved. In this instance they looked at it, they have spoken directly with Mr. -- I'm not going to say his last name, it was kind of -- yes, they spoke with the gentleman who made the complaint and we actually make improvements at the intersection. They may not have been to the level that the gentleman requested, but we have made improvements at the intersection intended to mitigate the situation. Cavener: Madam Mayor? Maybe a question for Lieutenant Leslie. I know I'm putting you on the spot. Justin spoke about this intersection from an engineering perspective. Perhaps you might be able to provide any history from a public safety perspective. Leslie: Yeah. Madam Mayor, Councilman Cavener, I agree with ACHD in the sense that we haven't had a tremendous amount of crashes at that location. When there is a concrete piece in the road like that it is commonly hit no matter what intersection it's in. I guess I would prefer it not be there, we probably would be better, but -- so, seeing that that's been hit is common of those no matter where they are at in the city, whether the road jogs or doesn't jog. So, the amount of cars that travel through there and the few that we have crashes there, I don't know that I would necessarily change the intersection from a police standpoint, but -- unless you would remove the concrete, but -- I'm not a traffic engineer either, so I'm just giving my perspective. Cavener: Thank you. De Weerd: Thank you, Justin. Lucas: You're welcome. Nary: Madam Mayor? De Weerd: And you're not a traffic engineer either. Nary: Madam Mayor, Members of the Council, I'm not a traffic engineer. I was on the traffic safety commission, for a number of years was the chair, so we used to hear a lot of these types of complaints and since this is really just a comment, I drove on the wrong side of that the first time I drove through it, so I never drove through it on the wrong side again, because I did know now there was a barrier in the road. But I understand the average driver, especially in the winter, it is not intuitive into that that road does not align. It is -- is it not obvious to the first time traveler and having driven on the wrong side of the road and seeing an oncoming car -- it was a long distance away, thank goodness, I understand the citizen's concern that if it's a slight change can make it safer -- and from what they are showing here the bike lane that's there has an adequate sidewalk adjacent to it for bike travel, until the road is wider and it only goes for a short distance Meridian City Council April 26, 2016 Page 45 of 58 anyway, just as a traveler, like Councilman Palmer, I understand the travel concern, having done it myself, so -- Palmer: Madam Mayor? De Weerd: Thank you for true confession. Yes, Mr. Palmer. Palmer: I, too, am not a traffic engineer, but I did stay at a Holiday Express once and so -- from the commercials that should qualify me. But Councilman Borton pointed out there is a lot of sidewalk -- detached sidewalk there -- I will call it a pathway, not a walk, and at least the distance anyway of the -- yeah. I was looking at the wrong intersection. A long distance beyond where that bike path is anyway. So, I don't know, maybe a friendly letter saying would you consider, if it's feasible, if you have the time to look at repainting that, eliminating for now the -- the bike path, so that it lines up a little better, we would appreciate it. Thank you. Cavener: Madam Mayor? We are providing some great content for the web viewers tonight. All three of them. Yes. My mother included. Hi, mom. My perspective is that -- I mean we have heard from -- while not a traffic engineer, the highway district from their perspective. We have heard from a law enforcement public safety perspective. There is a real world cost to doing some of these requested improvements. It sounds like the subject matter experts on roads have put in some safety mitigation there. To me I feel that this issue has been resolved. I mean if the rest of the Council feels that a letter is warranted I don't -- won't fight it, but to me it just appears that this situation has been resolved. Bird: Is that a motion? Cavener: Uh? Bird: Is that a motion? Cavener: Sure, I will make a motion that we don't send a letter to ACHD on this particular issue. To follow up with the citizen about the changes that have already been made at that intersection and to thank him for his perspective. Bird: Second. De Weerd: Okay. I have a motion and a second and certainly we don't take recommendations lightly from our citizen commissions and who knows what they heard in addition to what you heard tonight and I -- I know that that commission also has the police department weigh in and I don't know if that's what they heard as well. So, just as part of discussion and consideration. It's just a Meridian City Council April 26, 2016 Page 46 of 58 recommendation from the citizen commission to send a letter to see if ACHD will recommend it. Caleb, did you have anything? Hood: Yeah. Just a little bit to that -- to that end. Certainly I'm not as passionate about this as Mr. Diffendaffer was when he presented it to the tran sportation commission. I mean he -- it was -- I didn't time it, but it was a long presentation and he definitely is passionate about this issue. So, I didn't probably do it justice to have him here. He is in his 80s. I didn't -- he was here when the commission made that recommendation. I said I can take that forward. I didn't ask him to come and present this to you. So, I hope I have done it some level of justice. But, again, I'm not him, I didn't go through this experience. He was pretty traumatized by this late night encounter at that intersection. I'm not trying to sway you, but just give you the whole picture that he was pretty convincing in person about why this is an issue and certainly his experience. I will also just point out that Sergeant Stacy Arnold was at the meeting. I don't recall him testifying, but he certainly was there for the duration. No direct questions were asked of him, so he didn't get up and speak on the issue. But I can also just let you know that the -- we have two transportation engineers on the commission and the one that made the motion to send the letter actually is one of the transportation engineers, just for whatever that's worth. The other one voted against the motion, so there you go. So, I will also just let you know, though, they did look at alternate facilities and we explored that, just like we are doing here and you saw, ah, shoot, it doesn't go all the way the mile. You know, there is pretty good facilities, but this detached pathway, it doesn't get us all the way to Linder and there are breaks in it. Boy, it sure would be nice if we had that facility, that would make them feel a lot better, especially with the apartments that are going in and the middle school and we know kids -- especially in middle school are riding their bikes to school. So, definitely had this -- a real similar dialogue you all did and, again, I -- I wouldn't be surprised, quite frankly, depending on what -- what this -- and I'm not trying to sway you, just -- I feel that maybe if Mr. Diffendaffer doesn't like this answer he may come and present it to you himself and I don't know that the clerk can tell him no, but -- so, anyway, just a little bit -- and, again, I'm not trying to say that -- that -- I believe there is a motion and a second. But I just want to provide you a little bit more of that dialogue from -- and perspective from the transportation commission, so -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Throw my two cents in there. I -- I think if the transportation commission recommended that we write the letter, then, we should write the letter and if it can be handled in a pretty inexpensive way and much safer driving situation, then, I think we should send the letter. De Weerd: Okay. Meridian City Council April 26, 2016 Page 47 of 58 Little Roberts: Caleb, did you say that Mr. Diffendaffer was aware of the changes? Has he seen them and knew that -- Hood: Madam Mayor, Councilwoman, I don't recall that, but I -- it certainly was part -- Shawn Martin from ACHD was at the meeting, who is part of the traffic team at ACHD and it certainly was presented that way. So, he knew that if they weren't there that they were coming. Some of his comments were: They don't make paint like they used to and even if you paint these tick marks you still aren't going to be able to see them, because it doesn't have that reflectivity that it used to have. So, yeah, I'm pretty sure that he knew of the -- the improvements and I believe even just earlier this month they were already in the ground. So, I don't know if he had driven back through that intersection since, but it's my understanding that he knew that they were coming. And, again, I think I pointed out in my initial presentation, he didn't like the -- I think he even referred in his e-mail to the Mayor's office: Don't put lipstick on the pig, right? Fix the intersection. Don't paint it, fix it. So, yes, I believe he is aware of these -- what ACHD has already done to try to make -- to make the improvements. Little Roberts: Thank you. De Weerd: He's aware of the lipstick. Palmer: Yes, Mr. Palmer. Palmer: Madam Mayor, a substitute motion to instruct Caleb to draft a letter asking ACHD to consider as a final option to repaint it, to realign those lanes to avoid future disasters or however is more appropriate. De Weerd: That's a substitute motion. Does that have a second? Milam: Second. De Weerd: Okay. Question on the substitute motion. Any? Bird: Just call for the question. We have sat here -- De Weerd: Madam Clerk, can you call roll on the substitute motion. Roll Call: Bird, nay; Borton, yea; Milam yea; Cavener, nay; Palmer, yea; Little Roberts, yea. De Weerd: The substitute motion passed, which kind of makes the first motion null and void. MOTION CARRIED: FOUR AYES. TWO NAYS. Meridian City Council April 26, 2016 Page 48 of 58 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we go on -- and I want to speak for the commission -- or Councilman Cavener, too. We like what the -- the transportation committee brings forward and stuff, but, you know, I can tell you right now there is seven people sitting up here that if ACHD's commission worried about our planning and zoning and all that kind of stuff as much as we worry about running their streets, we wouldn't be happy. De Weerd: Mr. Bird, I think ACHD appreciates that we take the phone calls we have and also offer a venue for our citizens to address their concerns and they participate on that commission as well. So, this is -- for what it's worth, it's a recommendation and ultimately they are the decision makers and so appreciate you opinion. Palmer: Madam Mayor. De Weerd: Mr. Palmer. Palmer: And I completely agree with Councilman Bird and that's why I really want the letter to be as friendly as possible, not demanding at all. You know, hey, had a citizen that brought this, if it works for you guys consider it, please. Thanks. De Weerd: Pretty please. With a cherry on top and, by the way, it was a recommendation by our citizen commission, so -- thank you. E. Community Development Department, Planning and Building Services Division Report: Detached Accessory Structures De Weerd: Moving on. The Item 9-E was requested to vacate. I need a -- I need a motion to vacate? No? Bird: Madam Mayor? De Weerd: Okay. Bird: I think it's already vacated. Nary: I think you're okay. Meridian City Council April 26, 2016 Page 49 of 58 F. Community Development Department, Planning Division Report: Processes and Standards for Parklets in Downtown Core G. Community Development: Second Amendment and Addendum to August 7, 2012 Master License Agreement with Ada County Highway District for Regulation and Maintenance of Sidewalk Facilities in the Greater Downtown Area De Weerd: Item 9-F is also under our Community Development. Hood: Madam Mayor, actually, 9-F and 9-G kind of go together, so I will do the presentation on F and, then, ask for action on G. De Weerd: Uh-huh. Hood: So, in August of 2002 the city entered into a limited license agreement with ACHD to regulate and maintain sidewalk facilities in the Meridian city core and sidewalk facilities are defined by the area basically top back of curb to the face of a building within the right of way. So, ACHD property that isn't a street, if you will, and that agreement goes from Carlton on the north to Ada, Meridian, on the west, to 3rd on the east. So, that's the boundary of the city core as by that -- by the master license agreement. Then in September of 2013, before we did the demonstration project in front of Sunrise and at Rick's. We modified that master license agreement with an addendum to allow that demonstration -- those demonstration projects to occur within ACHD's right of way. The parklets. And we are seeking to do another agreement to that master license agreement to allow parklets within ACHD right of and parking spaces. So, again, it's real similar to our 2013 demonstration project and that -- in that case that was a city led project. Most of what this would allow is businesses that are adjacent to parking to take that parking space over and have outdoor seating, make them into public venues for different things and, basically there are -- we have worked with them on design standards and safety regulations, so it's not just, you know, on the fly design. We have actually designed these and there is buffers on each side and the travel lanes and making sure that the platforms are level with the -- the existing curb, so people stepping up or down, it's ADA compliant, that there is barriers, reflectors, all kinds of different design standards in here. So, that's in a nutshell what this addendum would be to allow us to -- either ourselves or, again, a business, permit them to install improvements in the parking area of the downtown city core on those streets. This is on ACHD's agenda for consideration tomorrow, so if you all sign it tonight I will give it to Justin here in -- probably in the morning and he can hopefully get it executed here by ACHD tomorrow afternoon. So, that is the gist of this -- these agenda items and I will stand for any questions you may have. Meridian City Council April 26, 2016 Page 50 of 58 De Weerd: Thank you. And thank you for your work on this. Council, any discussion? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Just to add a little more on Item G and, then, there is a subsequent ordinance as well, 10-B, that helps put this all in place. For the Council that maybe weren't here, when we had this parklet discussion a couple years ago we went to the ACHD commission and got the original agreement with them, but we had a very limited opportunity or time at that time to design and create standards like what's now created in this agreement. So, there has been a lot of work by Planning and by Caleb in putting that together. So, that's really what's in front of you is a culmination of a lot of time and effort to really create that Idaho Avenue placemaking project really work and function in a safe manner, which has always been ACHD's concern, but the original agreement -- again, we did it very quickly, we tried to make sure it was safe, we tried to make sure it made sense. We had really limited opportunity. This one we have gotten a lot more time and effort and eyes on it. So, this amendment will meet those standards and the ordinance will, then, match up our city ordinance for the permitting process to get th ese accomplished. So, that's kind of the legal piece of what -- the work that Caleb has really helped carry the ball on. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I just want to make a statement. Caleb, Brian, and Marty Schindler, you guys -- De Weerd: And Legal. Bird: And -- well, Legal, too, along with it -- have really done a great job on this and I think -- I think this is going to be a -- it's something that I have wanted to see downtown for quite a while and I think it's really -- I hope it takes off like I really think it will. Thank you guys for all your work. De Weerd: You have certainly given it every element to -- to succeed and do appreciate the partnership with Ada County Highway District and their willingness to -- to look at these things. They have been part of this discussions with our -- with our parklet discussions and placemaking on Idaho Avenue, so it's exciting and look forward to seeing this move forward. So, with that said -- Bird: Entertain a motion. Meridian City Council April 26, 2016 Page 51 of 58 De Weerd: Anything further from Council? Do we need a motion? Nary: Yes. On Item G. Yes. Cavener: Okay. Madam Mayor? De Weerd: Yes. Cavener: We need a motion just to sign the letter? Is that accurate? Nary: Approve the second amendment to the agreement. De Weerd: Yes. Cavener: To approve the second amendment to the agreement. Bird: Second. De Weerd: I have a motion and a second. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. H. Legal Department: Continued Discussion Regarding Proposed Ordinance Repealing Request for Reconsideration and Reenacting as a Procedure for Request for Reconsideration De Weerd: Item H is under our Legal Department. Nary: Thank you, Madam Mayor. I will try to take this less than 40 minutes if I could. Actually, hopefully, I will only take a few. When we had this discussion a couple weeks ago -- this is on the state -- we are matching up our ordinance and creating a process for request for reconsideration. There was a concern there maybe wasn't enough detail in the ordinance and I struggled between trying to create more detail and the state code really doesn't create any detail. This is really the drive to have a process in place, but my concern was is because the state code that exists allows for requests for reconsideration, but there is nothing else in the state code to explain how you do that or what does that mean, if somebody requests it appropriately our staff is going to be stuck scrambling around trying to figure out how do we get this in front of you properly. So, this really is just process driven. One of the questions was whether or not we would Meridian City Council April 26, 2016 Page 52 of 58 allow additional testimony. State code doesn't really anticipate -- doesn't really talk about additional testimony, but what I included here that's a slight variation of the state code, but I think will still be consistent with it, is that if the decision is made to rehear it -- so, you would base your original decision based on the applicant who is requesting reconsideration has to point out, according to the state code, what provision of your code did you not follow. If you agree that you need to rehear that, then, there is a process in here to redo that and so you would have a new public hearing, provide notice, start over, put -- basically step back that one step to the public hearing process, so that you can, then, take testimony. So, the state code is a little bit fuzzy on that. This allows at least that procedure and contemplates that you could actually hear it again. The state code really just says up, down, or change it, without really explaining how would you change it when you have already made a public decision in a public hearing. So, this really just kind of -- I think clears up that gap that exists on when evidence would be appropriate. So, you still have the ability to take evidence, you would just have to renotice it and have a new hearing to do that and I think the state code wouldn't be in conflict with that. So, that was a change I made, that's why I put it back on as a department report. If that's not satisfactory, again, there is no hurry, we can certainly take it back and look at it a little bit further if you like. Did that in less than 40 minutes. De Weerd: Any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The comment you made, paragraph -- or item three says the request must identify specific deficiencies in the decision. The way it's written is deficiencies that would be broader than a legal deficiency or is it limited to -- does the request need to focus only on a legal deficiency in order to get in front of us? Nary: Madam Mayor, Members of the Council, Council Member Borton, I took that language right out of the statute -- Borton: Yeah. Nary: -- so the statute -- the statute says specific deficiencies. It doesn't say that it has to be only legal deficiencies. Borton: It could be broader. Nary: It could be anything. Borton: Okay. Thanks. Meridian City Council April 26, 2016 Page 53 of 58 De Weerd: Okay. Anything further? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Nary, we don't have to enact upon this, we will take care of that in the ordinance; right? Nary: Yes. Bird; Okay. Item 10: Ordinances A. Ordinance No. ______________: Repealing Meridian City Code Section 10-1-3(G), Regarding Building Permit Exemption For Detached Accessory Structure De Weerd: Okay. Nothing further? Okay. Ten Item 10-A, the staff requests to vacate this item. B. Ordinance No. 16-1684: Updates To City Code Provisions Regarding Citizen's Use Permit Application And Mobile And Promotional Sales Units On Downtown Sidewalks De Weerd: And 10-B is Ordinance 16-1684. Madam Clerk, will you, please, read this by title only. Jones: Thank you, Madam Mayor. An ordinance amending Meridian City Code Section 3-4-4D, adding the planning division -- division manager to the citizens youth permit work flow. Amending Meridian City Code Section 8 -1-4D4, allowing mobile sale units in the downtown core sidewalks, streets, furnishing zoned only with written consent from abutting property owner. Deleting Meridian City Code Section 3-4-3C3D, eliminating requirement that vendors in downtown core sidewalks use zone, obtain temporary use permits with promotional sales units. Deleting Meridian City Code Section dash 83E1, listing promotional sales of an encroachment specifically allowed in the use zone a nd providing an effective date. De Weerd: You have heard this read by title. Ralph, would you like to hear it read in its entirety? Milam: Madam Mayor? Meridian City Council April 26, 2016 Page 54 of 58 De Weerd: Genesis. Oh, I'm sorry. Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1684 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-B. Madam Clerk, will you call roll? Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Continued from April 12, 2016: Ordinance No. 16-1685: An Ordinance Repealing and Reenacting Title 1, Chapter 7, Section 10, Meridian City Code, Repealing Request for Reconsideration and Reenacting as a Procedure for Request for Reconsideration; Providing for a Waiver of the Reading Rules; and Providing an Effective Date De Weerd: Item 10-C is Ordinance 16-1685. Madam Clerk, will you, please, read this by title. Jones: Thank you, Madam Mayor. An ordinance repealing and reenacting Title 1, Chapter 7, Section 10, Meridian City Code. Repealing request for reconsideration and reenacting a procedure for request for reconsideration. Providing for a waiver of the reading rule and providing an effective date. De Weerd: You have heard this read by title. Anyone want to hear it read in its entirety? Seeing none -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1685 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10 -C. Madam Clerk, will you call roll? Meridian City Council April 26, 2016 Page 55 of 58 Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Council, any topics for future agendas? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Council, Mayor, I know that many of us have been on the receiving end of some e-mails by a citizen by the name of Jim Fehrman who has some questions and concerns about various processes that he had been through. Mr. Fehrman has -- feels that he is owed an audience with the Council. I have explained to Mr. Fehrman on multiple occasions that there is no action on our part to be taken. Nevertheless, he has pleaded for me to pass along his request to be heard before us to share his experiences in dealing with the city and I offered to present his plea to the Council. I'm pretty vanilla on this . I think that if our citizens want to come before the Council and share a perspective I'm in favor of that. I have explained to, again, Mr. Fehrman on multiple occasions that we wouldn't take any action, we just would hear his testimony and move on. Bu t I wanted to give the rest of the Council members an opportunity to chime in and if this is something you're in favor of doing or not doing. De Weerd: Council, both Councilman Bird and I have talked about it, as we looked at setting agenda items, and because there is no resolution to be brought to Council and we usually don't suggest having a venue where there is no resolution we can offer the citizen. This citizen has consumed hours of staff time and -- and to -- I will not allow our staff to be berated in public and I think that that is the only thing that would be accomplished. So , if there is a vote of this Council, a majority votes to put him on the agenda, then, we will do that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While I think -- Mr. Nary and I discussed this -- Jacy and them Friday. I have no problem with any citizen coming in and talking, as long as they do it in a decent way and not throwing anybody under the bus. I'm like the Mayor, I'm not going to have our employees get battered by somebody's thoughts. Nobody knows this guy better than I do. But if you -- if you want to bring him forward you Meridian City Council April 26, 2016 Page 56 of 58 got to set some rules. He can't -- he's got to -- he's got to come up here and act like a gentleman. De Weerd: Frankly, this -- this citizen has been given so many different opportunities to have his voice heard and, again, when those come to Council it's for resolution and there is nothing to resolve, so -- and, again, you certainly are welcome to make a motion and majority rules, so -- Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Unfortunately, because -- I shouldn't say unfortunately -- knowing the tenant, I have spent way more time on this issue than I would have preferred to and because of being so involved in it I would rather not see him before Council, because I'm guessing he's got an agenda that will make public the names of our employees that have worked so hard and so diligently to resolve this and I just don't think that's fair. Borton: Madam Mayor? De Weerd: Mr. Borton: Borton: The Council meetings to me are for city business. We are all elected officials. We are all accessible. This citizen, as like any other citizen, is more than welcome to contact any of us. Encourage him to do so. If there is anything about how we do our business that is problematic that comes from those conversations, with this citizen or any other citizen, all else being the same, we would, then, bring that up. That might drive some city business where we want to look at how we are doing on any particular item. Until then encourage him to visit with any and all of us and if one of us uncovers something we can fix going forward, that might be the item that comes on the agenda. Milam: Is that a motion? De Weerd: And that is the process in place and I think the citizen has utilized that process by talking to probably every person up here and the policies we have in place have been followed and every opportunity we could to find resolution has -- has certainly -- staff has been more than accommodating, so -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: My -- my goal in presenting this was not to advocate in one way or another, but more to bring some resolution to the ongoing discussions that this Meridian City Council April 26, 2016 Page 57 of 58 citizen has had with staff, Council, members of our community to allow this Council to say, yes, we would like to hear from your or, no, we would not. Nary: Madam Mayor? Madam Mayor, Members of the Council, if I could add just for the record, when there is an Item that can be heard and resolved by you we will schedule that. That's how it works for everyone. This particular point in time there isn't one and when there will be -- again, it's not my objective or anybody else on our staff's objective to not have you hear cases that need to come before for decisions that only you can make. We just aren't there yet. Item 12: Executive Session Per Idaho State Code 74-206 (c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency De Weerd: Okay. If there is nothing further, Item 12 is Executive Session. Do I have a motion do adjourn into Executive Session? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 75-206(c). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. All those -- oh, I'm sorry. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:28 p.m. to 8:54 p.m.) (Proceedings not recorded.) MEETING ADJOURNED AT P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council April 201 P 58 of 58 MAYOR T Y DE WEERD QaRATEpgE APPROVED lice, ATTEST: zG ('kv or 0 ERmt,► JACY JONES - C1TY--GLE W c \m�SE � Ai Meridian City Council Meeting DATE: And 26, 2016 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 5, 2016 City Council PreCouncil 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: April 26, 2016 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 5, 2016 City Council Meeting DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 12, 2016 City Council Workshop Meeting DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Soul Patch for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $600 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 PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICIi,S AGREEMENT MUSICAL, `I'AI,E.NT FOR CONCERTS ON BROADWAY ("Agreement") is made this ,96 day of April, 2016 ("Ef festive Date"), by and between the; City of Meridian, a rnuhicipal corporation organized tinder the laws of the State of Idaho (`°("'ity") and Soul Patch, an assumed ,business name of Diane Johnson, whose address is4362-N — I t�7rr At tStie l�[ t�izfi�m; l tc� ("Prom(tcr")• 6C,ISf : y ► ' �' 1�� WHEREAS, the City desires that the plaza at Meridian City I ball serve as a place where rnembers of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Cpnccrts on Broadway, a series of concerts to be held in the Meridian City f lallplaza during the strmmei and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, tyre music of Soul Patch, a six -piece basad specializing in, the performance of country and western music NOW, THEREFORE, for good an;cl valuable consideratioai, die receipt and sufficiency ol'which is hereby acknowledged Lind agreed, rind inconsideration of the: mutual promises and covenants herein contained, the Parties agree as follows: 1. S(�Ot'M�: oF' Ststt�'tC'MsS. A. Performance. Soul Patch shall perforin for the public approximately fifteen (IS) songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, June 18, 2016, in the plaza at Meridian City hall, at 33 E.. Broad ay, Meridian, Idaho, v pith one fifteen -minute break during this tinge. In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set fila and sound cheeks. City shall provide, set. up, and operate any and all sound systems and equipment neces:y sato electronically amplify music and spoken annauncenlCrIts, Cite shall set up sound systems and/or related equipment by 5:00 p.m. on Junc 18, 2016, grid Sotil *Patch may rehearse. and/or perforin sound eliecks at that iiiile, All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p. w C. Risers. It Promoter elects to use risers to elevate tlae musicians, Promoter Shall provide and sot tip such risers, and shell utilize such rrrGrterials necessary to protect City facilities from any and all damage therefrom, A. Total amotint. City shall snake total payment to Promoter for services rendered pursuant to this Agreement in the amount of six hundred dollars ($600.00). This payment shall constitute full cornpensatiOn from City to Promotei, and/or to the members of Soul Butch fear any and tall services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of Soul batch shall be responsible fear payment of any and all taxes due and owing for pTayment received under this Agreement. B. Cancellatir n of event. It' Sou I Patch is present and prepared to perl'onn tit the time, date, and PROVESSIONAL SJ::IMC:F S MIRE'EMENT.- SOUL PATC'J I� CON TRTS ON BROADWAY i',+10 1-1 r Ol' i place, and in accordance with the tennis set forth herein, City shall pay Promoter in the amount set forth herein; even if the event is cancelled due to anaforeseen events not caused by Promoter of the members of Soul Patch. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m, on June, l R. 2016, C. Method of payment. By June I, 2016, Promoter shall provide City with: I ) a completed AC1l Morin, 2) a copy of a voided check, 3) a completed W_q Pearn/, and 4) an invoice in the amount of six hundreddollars ($600,110) for services to be provided on Jtnie 18, 201 ti. So long as all documents are cornpletc and reCeiVed I);1' .lune 1, 2016, City .shall pray I"romoter in frill via direct deposit by June 24, 2016. Ffsuch docurraents are not received by June. 1. 2016. f6ilowing the June 18, 2016 performance, _Proinotcr shall provide City with: 1) a eoanpleted W-9 (6rni, and 2�) tin invoice for the amount oi'six hundred dollars ($600,00) for services provided, which invoice City shall pay within thirty (30) days of receipt thereof. Payment of'all taxes and other assessments ori such sums shall be the sale responsibility of" Promoter. A. Planta. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 1, Broadway. Meridian, Idaho ("venue"), ~which is an outdoor, open, public venue. Promoter shall 'be solely responsible for any and all measures necessary to protect equipment, instruments. and Soul Patch members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acl norwlc(iges that the Venue is a public. place and that all members of the public shall be invited to attend To this end, the members of Soul Patch shall per-forna such material and in such a manner as shall be appropriate for all ages, values, and sensibilities, 'soul Patch's performance and attire shall not include language, attire, and/or behavior that is proMne, sexual, violent, or discriminatory. C. City policy applies. Promoter and:Soul Patch shall comply with all City policies and codes applicable to uscofCity propertyand facilities, including, but not limited to, policies of the Meridian Parks and recreation Department, andd any requirements ofthe City Building Maintenance Technician, which requirements sherd be reasonable and for the purpose of protecting City facilities and property, 0, Photography and recording. City shall be authorized to photogrtaph, record, video tape. reproduce, transmit, or disseminEate in or fi•om the plaza, the performance solely foreducational and public information purposes. City shall not be responsible tbr° the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Soul Patch shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise scald at the Concerts on Broadway event be voluntarily donated to the Meridian Art:,, Commission, Promoter and Soul Patch shall be responsible, for paying; all sales and other taxes due and owing on the proceeds fiona merchandise sold. PROFFISSIONAL SVRVI `,C S ACtRaEr*"n4E N'I'-- SC)lli. PA ]VII, CONCEM'C ON BROADWAY PA 2 Cti� W. Ti; RNIS AND.CONDITIONS A. Time of the essence. Promoter tack1nowledges that services provided tender this Agreement shall be performed in a timely manner, I`he Parties acknowledgeand agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perforin any or the obligations hereunder shall constitute- a breach of, and a default under, this Agreement by the party so failing to perform. II. Promotion of event, City shall promote- the performance in community promotional materials and avenues, including the City newsletter, City website, Muidian Parks & Recreation DepartmentActivity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set; forth herein'. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of'City's respective rights of'privacy Or any other rights City may possess in connection with its role in the production of'Concerts on Broadway, except (fiat City's lingo may not be Lased in any manner whatsoever without the 0Xpress, written consent of the Mayor's Chief, of Staff. To the extent practicable, Promoter .shall be given the opportunity to review, for purposes of acctuRy, and approve all promotional nia+terials in advance of their publication, broadcast or dk�semination. The baud shall be listed as "Soul Watch" in all promotional In ateritals that are created by City or within (he City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Soul Patch under Ili is Agreement related to o►- that may relate to ttae band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreenient. D. Non -waiver of"breach. A waiver of"any° breach or default Of any provision of this Agreement shall not be:,construed as a waiver ofa breach of the same or any other provision hereof: E, Indemnification. Promoter shall, and hereby does, indemnify, save, sant( hold harmless the City and any ant] all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and fioan any and all losses and expenses, caused or incurred by Promoter and/or Soul Patch, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement Or activities related thereto, Promoteriaand each member ofSoul Patch acknowledge that provision of the services, described hereunder presents risks, some of which are unknown, and do agreee to assume all such known or Unknown risks, F. Waiver. 11 -;kept as to rights held under the terms of this Agreement, Prornoter and each member of Soul Patch shall, and hereby do, waive any and all claims and recourse. against City, including, the right of contribution for loss and daarnage to persons or property arising from, growing out of, or in any away connected with or incident the performance of this Agreement, whether suchloss or damage may be attributable to known or unknown conditions, except for liability arising out oi' concurrent or sole negligence of City or its officers, agents or employees. G, Relationship of Parties. Prornoter�and each member of' Soul Parch is an independent contractor and is not an employee, aagent, joint venturer, or partner ofTity. Nothing in this .Agreement shall 11ROF a?S IONAL SFKVICES A(if<F:Fl1aF3N F'-Soi.la, F'ATCFI CONCERTS ON F.wOADWAY PAOF 3 ol'? be interpreted or construed as creating or establishing the relationship of employer and employee bctwcen Promoter or any member o'f Soul Patch and City or any official, agent, or employee of City, Promoter and Soul PatCh shall retain the right to pe.ribrm Ser'ViC.eS f*Or° other:S during the term of this Agreement. H. Compliance with law, "Throughout the course of this Agreement, Promoter and each inerrber of Soul Patch shall comply with tiny at ld all applicable federal, state, and local laws. 1, Non -Discrimination. Througiuxrt the. course of this Agreement, neidacr Promoter nor any member of Soul Patch shall discriminate against any, person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agmement. '('his Agreement constitutes the entire understanding between the Parties. 'chis Agreement supersedes any and all statements, promises, or indUCCments Made by either party, or agents of either parfy, 4Vllether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If'cither; party brings tiny action or proceedings to enforce, protect cw establish any right or remedy under -the terms and conditions of"this Agreement, the prevailing party shall be entitled to recover reaasonable costs and attorneys' fees, ars determined by a court of competentjtn•isdiction, in addition to any other relief awarded, L. Agreement govertml by Idaho laNy. The laws of"the State of' Idaho shall govern the validity-. interpretation, performance and enf nrcemcnt of this Agreement. Venare shall be ire the courts of Ada County, ldaho. NI, Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and nor►c sl all exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall Trot be to the eYcltrsion of aany other remedy. N. Severability. Uaany provision ofthis Agreement is found by a court of competent.jurisdiction to be illegal, invalid, or unenforceable; the remainder- of this Agreement shall not be affected. 0, Saceessoa•sland assigns. All of thelternns, provisions, covenants and conditions of this agreement shall inure to the benefit of, and shall be binding upon, each party and their successors. assigns, legal representatives, heirs, executors, and administrators. P. Notice._Arny anis all notice required o be provided by either oi'the parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be dcenned communicated upon mailing by United States Mail, addressed as follows: C',ity Promoter: City Clerk Diane Johnson City of Meridian Soul Patch 33 F. Broadway Avenue i�flc ► folia, Idaho K:iCi.i t�1t�t�iditatal-t3rEr�kir1 tither party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. PROFESSIONAL SERVICE'S AGREEMENT -SOUL PATCR, CONCERTS ON BROADWAY PAGE 4 of Q. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, she is duly authorized to act as the representative and agent ot'Soul Patch, and each and every member thereof. The undersigned ftUffiff Wal'ranl,5 that She is authorized to bind Soul Patch and each of its members to the obligations set forth herein, and to accept the liabilities as established herein on behal-l"of Soul Patch and Ouch and every member thercol. 11. City Council approval required, Hie validity of this Agreement sliall be expressly conditioned Upon City COLInCil adi011 approving the Agreement, Execution of this Agreement by the persons referenced below prior to such ratification or approval Shall not be construed as I)r(.-)of of validity in the absence'of*Meridian City Counpil approval, IN WITNESS WKEREOF, the parties hereto have executed this Agreement on the Effective Date written above, IROMOTER. "0", . . . . .... . ...... ................... 6)-ial Johnson dba Soul Patch CITY OF MERI DIAN: oil Cily,)r Attest: A��i'tt'n,-City Clerk SEAL kos,�'. nei PROFESSIONAL SERVICES AGR LEA I' NT-- SOUL PATCH,: CONCERTS ON BROADWAY P A (i I *,*, 5 cit J Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with High Street for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $3,500 MEETING NOTES a¢s, ' 14�If Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this t P"day of April, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Steve Goff, on behalf of High Street Entertainment, LLC, a limited liability company organized under the laws of the State of Idaho, whose address is 2812 Greenvale Place, Nampa, Idaho ("Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of High Street, a ten -piece band specializing in the performance of jazz and rock music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: 1, SCOPE OF SERVICES. A. Performance, High Street shall perform for the public approximately fifteen (15) songs, from 7:00 p.m, to at least 8:30 p.m., on Saturday, August 6, 2016, in the plaza. at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements, City shall set up sound systems and/or related equipment by 5:00 p,m. on August 6, 2016, and High Street may rehearse and/or perform sound checks at that time. All setup, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shal I provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION, A. Total amount, City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of three thousand five hundred dollars ($3,500.00). This payment shall constitute full compensation from City to Promoter and/or to the members of High Street for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of High Street shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. PROFESSIONAL SERVICES AGREEMENT - HIGH STREP P, CONCERTS ON BROADWAY PAGE 1 of 5 B. Cancellation of event. If High Street is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the members of High Street. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on August 6, 2016, C. Method of payment. By June 1, 2016, Promoter shall provide City with: 1) a completed ACH Form, 2) a copy of a voided check, 3) a completed W-9 form, and 4) an invoice in the amount of three thousand five hundred dollars ($3,500.00) for services to be provided on August 6, 2016. So long as all documents are complete and received by June 1, 2016, City shall pay Promoter in full via direct deposit by August 12, 2016. If such documents'are not received by June 1, 2016, following the August 6, 2016 performance, Promoter shall provide City with: 1) a completed W-9 form, and 2) an invoice for the amount of three thousand five hundred dollars ($3,500.00) for services provided, which invoice City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III, VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and High Street members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of High Street shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. High Street's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and High Street shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or High Street shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and High Street shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. PROFESSIONAL SERVICES AGREEMENT -- HIGH STREET, CONCERTS ON BROADWAY PAGE- 2 of 5 IV. TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner, The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform, B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. The band shall be listed as "High Street" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of High Street under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or High Street, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of High Street acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver, Except as to rights held under the terms of this Agreement, Promoter and each member of High Street shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G, Relationship of Parties. Promoter and each member of High Street is an independent contractor and is not an employee, agent, joint venturer, or partner of City, Nothing in this Agreement shall PROFESSIONAL SERVICES AGREEMENT -HIGH STREET, CONCERTS ON BROADWAY PAGE 3 of 5 be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of High Street and City or any official, agent, or employee of City, Promoter and High Street shall retain the right to perform services For others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of High Street shall comply with any and all applicable federal, state, and local laws. 1. Non -Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of High Street shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement, This Agreement constitutes the entire understanding between the Parties, This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. I— Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded, L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice, Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: CW Promoter: City Clerk Steve Goff City of Meridian High Street Entertainment, LLC 33 E. Broadway Avenue 2812 Greenvale Place Meridian, Idaho 83642 Nampa 1D 83686 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided, PROFESSIONAL SERVICES AGREEMENT - HIGH STREET, CONCERTS ON BROADWAY PAGE 4 of 5 Q. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of High Street Entertainment, LLC and High Street, and each and every member thereof. The undersigned further warrants that he is authorized to bind High Sheet, High Street Entertainment, LLC, and their members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of High Street Entertainment, LLC, High Street, and their members. R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. PROMOTER: St Goff, e High Street Entertainm t, LLC CITY OF MERIDIAN: Tammy de r, y_ar Attest: City Clerk PROFESSIONAL SERVICES AGREEMENT -HIGH STREET, CONCERTS ON BROADWAY PAGE 5 of 5 c•Ily or w IDAHO SEAL �P the Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with High Street Entertainment, LLC, as an agent of Precious Byrd for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $2,500 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 PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this 2614day of A fk'1 12016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Steve Goff, on behalf of High Street Entertainment LLC, a limited liability company organized under the laws of the State of Idaho, whose address is 2812 Greenvale Place, Nampa, Idaho ("Promoter"), a duly authorized agent of Precious Byrd, LLC, a limited liability company organized under the laws of the State of Oregon, whose address is 888 NW Riverside Blvd., Bend, Oregon ("Artists"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of Artists, a four -piece band specializing in the performance of rock music; and WHEREAS, Artists have authorized Promoter to act as Artists' agent for purposes including booking Artists' performance at Concerts on Broadway, accepting payment on behalf of Artists for such performance, and entering into this Agreement on Artists' behalf; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Artists shall perform for the public approximately fifteen (1 S) songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, August 13, 2016, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on August 13, 2016, and Artists may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this PROFESSIONAL SERVICES AGREEMENT— HIGH STREET FOR PRECIOUS BYRD, CONCERTS ON BROADWAY PAGE I of 5 Agreement in the amount of two thousand five hundred dollars ($2,500,00). This payment shall constitute full compensation from City to Promoter and/or to Artists for any and all services, costs, and expenses related to services performed under this Agreement, Promoter and/or Artists shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. B. Cancellation of event. If Artists are present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or Artists. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on August 13, 2016. C. Method of payment. By June 1, 2016, Promoter shall provide City with: 1) a completed ACH Form, 2) a copy of a voided check, 3) a completed W-9 form, and 4) an invoice in the amount of two thousand five hundred dollars ($2,500.00) for services to be provided on August 13, 2016. So long as all documents are complete and received by June 1, 2016, City shall pay Promoter in full via direct deposit by August 19, 2016. If such documents are not received by June 1, 2016, following the August 13, 2016 performance, Promoter shall provide City with: 1) a completed W- 9 form, and 2) an invoice for the amount of two thousand five hundred dollars ($2,500.00) for services provided, which invoice City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter and/or Artists. III.VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Artists from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, Artists shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Artists' performance and attire shall not include language, images, and/or behavior that is profane, sexual, violent, or discriminatory, C. City policy applies. Promoter and Artists shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Artists shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests PRorESSIONAL SERVICES AGREEMENT - PRECIOUS BYRD, CONCERTS ON BROADWAY PAGE 2 Of 5 that twenty percent (24%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and Artists shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. IV. TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the parry so failing to perform. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subiect only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. Artists shall be listed as "Precious Byrd" in all promotional materials that are created by City or within the City's control. C, Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Artists under this Agreement related to or that may relate to Artists' talent or expertise. Promoter may subcontract or assign obligations that do not require Artists' artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or Artists, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter, Artists, and each member thereof acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter, Artists, and each member thereof shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. PROFESSIONAL SERVICES AGREEMENT - HIGH STREET FOR PRECIOUS BYRD, CONCERTS ON BROADWAY PAGE 3 of 5 G. Relationship of Parties. Promoter, Artists, and each member thereof is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter, Artists, or any member thereof and City or any official, agent, or employee of City. Promoter and Artists shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter, Artists, and each member thereof shall comply with any and all applicable federal, state, and local laws. L Non -Discrimination. Throughout the course of this Agreement, neither Promoter nor Artists shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto, K. Costs and attorneys, fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys, fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: C1W. Promoter: City Clerk Steve Goff City of Meridian High Street Entertainment LLC 33 E. Broadway Avenue 2812 Greenvale Place Meridian, Idaho 83642 Nampa ID 83686 PROFESSIONAL SERVICES AGREEMENT -PRECIOUS BYRD, CONCERTS ON BROADWAY PAGE 4 of 5 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. Q. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Precious Byrd LLC and each and every member thereof. The undersigned further warrants that he is authorized to bind Precious Byrd LLC and each and every member thereof to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Precious Byrd LLC and each and every member thereof. R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHERE, OF, the parties hereto have executed this Agreement on the Effective Date written above. PROMOTER: 5;Steve o ff High Street Ente nment LLC CITY OF MERIDIAN: BY: Tammy de or Attest: FED Cily of Jacy Jories, City Cleric `m SEA" PROFESSIONAL SERVICES AGREEMENT—HIGH STREET FOR PRECIOus BYRD, CONCERTS ON BROADWAY PAGE 5 of 5 Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Sanitary Sewer Easement Between Green Village Development, Inc. And The City Of Meridian Within Heritage Grove Subdivision No. 3 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 2016_035527 BOISE IDAHO Pgs=S DAWN TRIVOLIS 04/2812016 08:40 AM MERIDIAN CITY NO FEE 1111 III 1111111 111 1111 III 00218910201600355270050057 SANITARY SEWER EASEMENT THIS INDENTURE, made this 9(r, day of Cipr‘1 , 20l(a between Green Village Development, Inc.,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 sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS,the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs,performing maintenance,replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement—Heritage Grove No. 3 - pg 1 EASMT SEW 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement,and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Tucker M. Johns.n Green Village t evelopment, Inc., President 372 S. Eagle Rd, Ste. 328 Eagle, ID 83616 STATE OF IDAHO ) : ss. County of Ada ) On this OZD day of Cl f I V , 2016 before me,the undersigned, a Notary Public in and for said State,personally appeared Tucker M. Johnson known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. NI111Nf11 34) (SEWbb AR Y''•.� O 'Y PUB 1�, COR IDAHO :Jr Residing at: e = a Commission Expires: a/00R PU- gr \ F .`���,. yIflllllllllNttttllATE ON Sewer Main Easement—Heritage Grove No. 3 - pg 2 EASMT SEW 11-15-13.doc GRANTEE: CITY OF MERIDIAN � goRp,TED Au° (i9,.. `p Tammy de I,eer•, 'ayor E IDIArj , IOAMO �� �'� SEAL �'i 2T �,P Attest by : •-- : - ., , ity Clerk Of the TREAS�` Approved By City Council On: 4/ 7oi(o STATE OF IDAHO, ) : ss County of Ada ) On this oho day of P►-'p r,\ , 20 t(c) ,before me,the undersigned, a Notary Public in and for said State,personally appeared Tammy de Weerd and Jaye-ft-L. Holman,-so j J°yes 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. • • C•` •• qae-k L L • . ' NO�� IDAHO (SEALS a, .4%%• NOTARY PUB C FOR exi: Residing at: -C f2 I/V' � D •••.v,• •,,, �,;. Commission Expires: 8-a=3_I �S • Sewer Main Easement—Heritage Grove No. 3 - pg 3 EASMT SEW 11-15-13.doc EXHIBIT A SANITARY SEWER EASEMENT DESCRIPTION FOR GREEN VILLAGE DEVELOPMENT INC. An easement located in the SE 1/4 of the SE 1/4 of Section 31,Township 4 North,Range 1 East, Boise Meridian, Ada County, Idaho,more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE '/4 of the SE 1/4, from which an aluminum cap monument marking the northeasterly corner of the SE 1/4 of said Section 31 bears N 0°31'11"E a distance of 2659.05 feet; Thence N 0°31'11" E along the easterly boundary of said SE 1/4 of the SE '/4 a distance of 983.52 feet to a point; Thence leaving said easterly boundary N 89°46'17"W a distance of 828.45 feet to the POINT OF BEGINNING; Thence continuing N 89°46'17"W a distance of 327.27 feet to a point; Thence S 0°34'10"W a distance of 20.00 feet to a point; Thence S 89°46'17"E a distance of 327.27 feet to a point; Thence N 0°34'10"E a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 6,545 square feet (0.150 acres) acres and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett,PLS Civil Survey Consultants, Incorporated E< _{ August 24,2015 , Wzt! ta 5r 3l.> n 1 S 0'34'10" W - - - -I 20' I II' Yr o PRO o ` H � i-y"oou, o t' / kit.l. FS \..,47 i o - - a 11;1 �� �. (0 0o 1 N 'ZC) O � Ill ` i Z, 0 III r11 (18466) 1 ---i FA ___ o k NI 20' � yO M 4-'0 x7) x N0'34'10" E J � � � mm Z c) $ zcD..< cooQ - m0 Wf C RNA' W � qqoo Iv N -{ ch NN 1;1Rl -2 A rn 983.52' 1675.53' 44' , uti N 0'31'11" E 2659.05' LOCUST GROVE ROAD • Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 5H • OY&UNIJ 1--14 z; ITEM TITLE: Water Main Easement Between The City Of Meridian and GGR, LLC within Calderwood Business Park 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 2016-035528 BOISE IDAHO Pgs=6 DAWN TRIVOLIS 04128/2016 08:40 AM MERIDIAN CITY NO FEE IIIIIIIIIII'I IIIIIIIIIIII I III III'III IIIA II III III 00218911201600355280060061 WATER MAIN EASEMENT a(0-0-1- THIS INDENTURE,made this � `5 day of,%4a 2016 between a L-Q the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian,Ada County, Idaho,the party of the second part,and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs,performing maintenance,replacements or subsequent connections to the water mains,GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing,replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land,and that they have a good and lawful right to convey said easement,and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ll GRANTOR: GGA) G C , .� Yv jTaX-/ �o 14-1/72:0 G t g; !Z r a-')/111-,UX `/l� r fie,,V/4(4,/,- President � -C Secretary Gita e_ ?r' ..TE--p 5�� Address STATE OF IDAHO ) : ss. County of Ada ) J/ On this I g day of -A--pry/ ,20 /(G ,before me the undersigned,a Notary Public in and for said State,personally appeared4-4400g-i-- iLtN and , known or identified to me to the Presiglest:and M ct W r` r Secretary, respeetively7 of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. NOTAR P LIC i I (SEAL) KELLY JUDY O Notary Public Residing at: - .fx �C_ State of Idaho Commission Expires: 0 9 '17-0 Water Main Easement EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN QpRPTED GgUGGs Tammy de 1, Mayor � m City of € .. DIAN 104140 Attest by , City Clerk SEAL Jo c,Lk ,Se�n2S F ( 2T� JP Approved By City Council On: LI fat. °frhe TREAO STATE OF IDAHO, ) . ss County of Ada ) On this)c2 day of Pr?r=k\ , 20 I G, ,before me,the undersigned,a Notary Public in and for said State,personally appeared Tammy de Weerd and}ayeeErH[- man, Jane S 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. .0148A.9/4•,.. •...... Yt(to.kliAuL LL • (SEAT) p ',� NOTARY PUBLIC FOR IDAHO ,`,�; Oa\�; Residing at: C t ' • ' t'r: Commission Expires: SI j . // '••...••• Water Main Easement EASMT WAT 11-15-13.doc G-3c .63;74-4 iffiN April 14, 2016 Lot 11 and 12, Block 1, Larkspur Sub. No. 1, City of Meridian Water Main Easement Legal Description Basis of Bearings for this description is South 0°5500" West between the brass cap marking the northwest corner of Section 19 and the aluminum cap marking the W1/4 of Section 19. A parcel of land located in the SWI/4 of the NW1/4 of Section 19, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, being a portion of Lot 11 and 12, Block 1 of Larkspur Subdivision No. 1, as shown on file in Book 93 of Plats at page 11064, and on ROS 10168, Ada County Records, more particularly described as follows; COMMENCING at a found brass cap marking the NW corner of Section 19; Thence South 0°5500"West, coincident with the west line of said NW1/4 of Section 19, a distance of 1519.50 feet; Thence South 89°59'26" East, 60 01 feet to the northwest corner of said Larkspur Subdivision No. 1; Thence continuing South 89°59'26" East, coincident with the north line of said Larkspur Subdivision No. 1, a distance of 180.68 feet; Thence South 0°00'34" West, 32.00 feet to the POINT OF BEGINNING; Thence South 89°59'26" East, parallel with said north line of Larkspur Subdivision No. 1, a distance of 20.00 feet; Thence South 0°00'34" West, 182.00 feet; Thence North 89°59'14" West, 19.26 feet; Thence South 0°00'34" West, 23.00 feet; Thence South 89°59'14" East, 7.50 feet; Thence South 0°00'34"West, 20.00 feet; Thence North 89°5914"West, 27.50 feet; Thence North 0°00'34East, 63.00 feet; Thence South 89°59'14" East, 19.26 feet; P:\2015115169-CALDERWOOD PBA 2\Survey\Drawings\Descriptions115169-CITY OF MERIDIAN WATER EASEMENT.docx I Thence North 0°00'34" East, 162.00 feet to the POINT OF BEGINNING. The above described parcel contains 0.12 acres more or less. p�AL L4AFO GEN SG :P Carl Porter, PLS c Date cc End Description a 43, /57k01 OF VO Q, *AL POR'C - P:12015\15169-CALDERWQOD PBA 21Survey\Drawings\Descriptions\15169-CITY OF MERIDIAN WATER EASEMENT.docx 12 • I i 1 ALLAO i '3 ,e E.OVERLAND RD. �y,O GEN 47 sG� f is • EXHIBIT B O .,< T NW1/4 SEC. 19 CC 14 1 O i T.3 N., R. 1 E.,B.M. a- /s /p �T j (-2i y s I 1 E CALDERWOOD DR. 1 i I S 89'59'26'E S 89'59'26-E 180.68' '':-'60.01' 6 I w g$ 20-00 >. N$ 89'd92 i LO' 1I !N ,..- -Z.. = r POB — F- g g I 1 �` LARKSPUR SUB NO. 1 1 2 1 « Q 0 O w a i W .rqi L n > z f I 19 6 a IS 89'59'14"[la, Q ' 5 g92 _� or s Cl) i $ 53597915410W • 99 I Ng { N 89255901'4w Cl)$R js NTS i I I 1 I i / 1 \ l 1 1 24 19 n li4COR PROJECT: 1 OWNER/DEVELOPER: Iowe 1 2030 S. WASHINGTON AVE. # 1 CALDERW00D BUSINE "..' PARK1 GGR,LLCfilA EMMETT, ID 83617 15169 398-8104 PROJECT# CITY OF MERIDIAN P: 208..POBOX2579 ( ) EAGLE,ID 83616 i WATER MAIN EASEMENT 1 F:(208)398-8105 1 15169-EX 1 € 208.863x8209 v J SHEET --1 DATE: 4/2016 I WWW SAWTOOTHLS.COM 1 OF 1 Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Pedestrian Pathway Easement Between the City of Meridian and Cottonwood Development, LLC Regarding a Pathway on the North Side of Gondola Drive CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D.Rich 2016-035529 BOISE IDAHO Pgs=7 DAWN TRIVOLIS 0412812016 08:40 AM NO FEE MERIDIAN CITY 11111111111111111111111111111 1111 III III El 0021111111 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT,made and entered into this c�f, day of . �crk X ,2016,between CAm woe n G y t-1 E,ti•►►I ,hereinafter referred to as"Grantor",and the City of Meridian,an Idaho municipal corf oration,hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS,the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,said easement unto said Grantee,its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement,which would interfere with the use of said easement,for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of Pedestrian Pathway Easement the easement hereby granted become part of,or lie within the boundaries of any public street,then,to such extent such 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 I effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement,and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: C'WWOWn' " /)t-vI1�e# I BY: /i'J—.— Its: jr;iny tvt, STATE OF IDAHO ) ) ss County of Ada ) On this l S ' day of A ori 1 , 2016,before menthe_undersigned, a Notary Public in and for said State, personally acp4M i , 1"\e W ilUm known or identified to me to be the �e,( cn k t executed the within instrument,and acknowledged to me dat such c pany exicuted the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year fist above written. ,,soli . a,,, La WkSAP '�el p, DUS � .Q,, NOTARY PUBLIC FOR IDA (ni •• G •.� Residing at: KLUTA) `CI 1: • �O'[f1R p 1. Commission Expires: S ! 01.1 1PugtAC, ; •� �_ '' ° , 44 T;.....•.•: , Oma Pedestrian Pathway Easement GRANTEE: CITY OF MERIDIAN ORATED AVG opQ �sT O Tammy de W ayorz � ���or W ' - "'l city IDIgN IDAMD S ..�'�u ,, SEAL t Attest by Jeyeee-Hehnart " . ' ��P 1 F \ k-3 crne S l i °'rhe TREA'' Approved By City Council On: `-t (c)LoI b STATE OF IDAHO ) : ss. County of Ada ) On this day of-A Ph\ ,2016,before me,the undersigned,a Notary Public in and for said State,personally appeared TAMMY DE WEERD and JAYCEE J ACA J o tit-ES 1-10L1v1PEN,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. kAari/Lat L --1-1-ilt �'� NOTARY PUBLI OR IDAHO (SEAL). ; 9 ',r 71 Residing at: W ei2 V� ;,,,, Commission Expires: -(.. IC ..• . -.;S.. .. .. Pedestrian Pathway Fasement TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project. No.: 3719 Date: December 4, 2014 Revised: December, 2, 2015 DESCRIPTION OF ACHD PERMANENT EASEMENT-NORTHSIDE GONDOLA DRIVE FOR COTTONWOOD DEVELOPMENT, LLC A parcel of land being a portion of the North 1/2 of the SW 1/4 and the NW 114 of the SE 1/4 of Section 27, T.4N., R.1W., B.M., Ada County, Idaho and more particularly described as follows: COMMENCING at the West 1/4 corner of said Section 27; thence along the North boundary of said North 1/2 of the SW 1/4 of Section 27 South 89°20'15"East 48.00 feet to the POINT OF BEGINNING;thence continuing South 89°20'15" East 23.54 feet to a point; thence leaving said North boundary South 31°47'02" East 16.61 to a point;thence South 89°28'52" East 88.89 feet to a point; thence South 80°35'01East 203.03 feet to a point on a curve; thence along the arc of a curve to the right having a radius of 439.00 feet, a central angle of 40°23'24 , a length of 309.47 feet and a long chord that bears South 60°17'16"East 303.10 feet to a point of reverse curvature;thence along the arc of a curve to the left having a radius of 961.00 feet, a central angle of 31°27'42", a length of 527.69 feet and a long chord that bears South 55°4926"521.09 feet to a point of tangent;thence South 71°33'16" East 9.55 feet to a point;thence North 64°1562" East 8.61 feet to a point thence South 71°33'16" East 46.28 feet to a point, thence South 30°34'24"East 9.15 feet to a point;thence South 71°33'16"East 162.70 feet to a point of curvature;thence along the arc of a curve to the left having a radius of 1161.00 feet, a central angle of 3°4223", a length of 75.10 feet and a long chord that bears South 73°24'28"East 75.09 feet to a point;thence North 61°36'34" East 8.80 feet to a point on a curve; thence along the arc of a curve to the left having a radius of 1155.00 feet, a central angle of 2°21'27", a length of 47.52 feet and a long chord that bears South 76°45'30" East 47.52 feet to a point;thence South 35°07'34" East 8.80 feet to a point on a curve; thence along the arc of a curve to the left having a radius of 1161.00 feet, a central angle of 11°0240", a length of 223.80 feet and a long chord that bears South 83°46'41"East 223.45 feet to a point of tangent; thence South 89°18'01" East 389.20 feet to a point of curvature;thence along the arc of a curve to the right having a radius of 339.00 feet, a central angle of 35°06'55", a length of 207.77 feet and a long chord that bears South 71°44'34" East 204.53 feet to a point thence South 88°17'43"East 13.48 feet to a point;thence South 46°56'59" East 65.97 feet to a point; thence South 14°40'58" East 12.95 feet to a point;thence W.137190oc13719-Gondola-Sidewalk-Ease-060315.docx-dnm TEALEY'S LAND SURVEYING 12594W Explorer Dr.-Suite#150,Boise,Idaho 83713' (208)385.0636 Project No.: 3719 Page 2 Date: December 4, 2014 Revised: December, 2, 2015 South 45°57'48"East 570.26 feet to a point of curvature;thence along the arc of a curve to the left having a radius of 361.00 feet, a central angle of 13°01'47", a length of 82.10 feet and a long chord that bears South 52°28'42" East 81.92 feet to a point;thence South 74°21'08" West 16.27 feet to a point on a curve; thence along the arc of a curve to the right having a radius of 373.00 feet, a central angle of 11°18'50", a length of 73.65 feet and a long chord that bears North 51°37'13"West 73.53 feet to a point of tangent; thence North 45057'48" West 608.77 feet to a point of curvature; thence along the arc of a curve to the left having a radius of 327.00 feet, a central angle of 43°20'13", a length of 247.33 feet and a long chord that bears North 67°37'55"West 241.48 feet to a point of tangent; thence North 89°18'01"West 389.20 feet to a point of curvature; thence along the arc of a curve to the right having a radius of 1173.00 feet, a central angle of 17°44'45", a length of 363.30 feet and a long chord that bears North 80°25'39"West 361.85 feet to a point of tangent; thence North 71°33'16"West 231.61 feet to a point of curvature; thence along the arc of a curve to the right having a radius of 973.00 feet, a central angle of 31°27'42", a length of 534.28 feet and a long chord that bears North 55°49'26"West 527.60 feet to a point of reverse curvature;thence along the arc of a curve to the left having a radius of 427.00 feet, a central angle of 40°23'18", a length of 301.00 feet and a long chord that bears North 60°17'14"West 294.80 feet to a point;thence North 80°35'01"West 202.09 feet to a point;thence North 89°28'52"West 105.66 feet to a point;thence North 51°44'04"West 18.60 feet to a point on a line that is parallel with and 48.00 feet East of said West line of the North 1/2 of the SW 1/4;thence along said parallel line North 00°31'27" East 14.71 feet to the POINT OF BEGINNING, Said Parcel of Land Contains 38,426 Square Feet(0.882 Acre), more or less. 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MEETING NOTES U A p NO ROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Date: Project Name: CONTRACT / AGENDA CHECKLIST 4/12/2016 REQUESTING DEPARTMENT Public Works WASTEWATER RESOURCE RECOVERY FACILITY POST AERATION PLC4 AND REUSE PLC UPGRADES Project Manager: Emily Skoro Contract Amount: $202,720 Contractor/Consultant/Design Engineer: CH2M HILL ENGINEERS, INC. Is this a change order? Yes ❑ No ❑ Change Order No. BUDGET INFORMATION ' (Project Manager to Complete) Contract Type Fund: 60 Budget Available (Purchasing attach report): Department 3590 Yes ID No ❑ Construction ❑ GLAccount 94300 FY Budget: 16 Task Order 0 Project Number: 10648.a Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes ❑ No ❑ Grant #: N/A Type of Grant N/A Debarment Status (Grant/Federal Funded Projects Only) N/A www.sam.gov (Type in date verified and the status) BASIS OF AWARD BID RFP / RFQ TASK ORDER Low Bidder Highest Rated Master Agreement Category 7a (Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: 10/1/2015 Typical Award Yes 121 No ❑ If no please state circumstances and conclusion: Date Award Posted: N/A 7 day protest period: N/A CONTRACTOR / CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status Goodstanding Insurance Certificates Received (Date): 5/22/2015 Expiration Date: 5/1/2016 Rating: Payment and Performance Bonds Received (Date): N/A Rating: N/A Builders Risk Ins. Req'd: Yes ❑ No O If yes, has policy been purchased? N/A (Only appllcabale for projects above $1,000,000) Reason Consultant Selected CI 1 Performance on past projects Check all that apply 0 Quality of work 0 On Budget 0 On Time ❑ Accuracy of Construction Est RI 2 Qualified Personnel p 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: We have completed multiple PLC projects with CI -12M and the requested amount is reasonable compared to the other task orders completed. AWARD INFORMATION )ate Submitted to Clerk for Agenda: April 20, 2016 Approval I By: lurchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) JTP Date: Contract Request Checkllst.3.15.16.Final lvi_C�•� To: Jacy Jones, City Clerk, From: Keith Watts, Purchasing Manager CC: Emily Skoro Date: 4-14-2016 Re: April 26th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 26th City Council Consent Agenda for Council's consideration. Approval of Task Order 10648.a to CI -12M HILL ENGINEERS for the "WRRF POST AERATION PLC4 AND REUSE PLC UPGRADES - DESIGN" project for a Not -To - Exceed amount of $202.720.00. Recommended Council Action: Award of Task Order 10648.a to CH21VI Hill Engineers for the Not -To -Exceed amount of $202,720.00. Thank you for your consideration. 0 Page 1 WE IDIAN1- Public IDAHO Works Department Mayor Tammy de Weerd City Council Memberto Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts TO: Keith Watts --- Purchasing Manager FROM: Emily Skoro Staff Engineer II DATE: 03/25/2016 SUBJECT: TASK ORDER WITH C112M HILL FOR WRRF POST AERATION PLC4 AND REUSE PLC UPGRADES FOR AN AMOUNT NOT TO EXCEED $202,720.00. THIS TASK ORDER IS PURSUANT TO THE MASTER AGREEMENT APPROVED BY CITY COUNCIL ON OCTOBER 1, 2015. I. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II 489-0356 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Tom Barry, PW Director 489-0372 II. DESCRIPTION A. Background The City of Meridian uses programmable logic controllers (PLCs) to control the Supervisory Controls and Data Acquisition (SCADA) system at the Wastewater Resource Recovery Facility (WRRF). Many PLCs are outdated and no longer allow for full integration into the SCADA system. Replacing the old PLCs with new ones will enhance the current functionality of the SCADA system, allow for automated maintenance procedures and reduce future upgrade time. This project is next in the series of PLC upgrades to talce place at the WRRF. B. Proposed Project CH2M Hill will provide design and programming services that allow the City of Meridian WRRF to replace the existing PLC hardware and software to the City's established PLC standard. Page I of 2 III. IMPACT A. Fiscal hm acts The Plant PLC Replacements Enhancement budget is $800,000 for FY 16. This project is one of many PLC upgrades included in the Enhancement. The task order amount for this project is $202,720.00 and is only for the design, programming, and services during construction. This cost does not include the project construction costs. Project Costs; Fiscal Year 2016 -- ----- --- -, - ------------------------------------ Post Aeration PLC4 and $202,720.00 Reuse PLC Upgrades ' ------------T----- -- --------------- -----------------------------------$202,720.00 ; Total ; -------------------------------- ------___- ____Total Project Cost ; _ - $202,720.00 Project Funding Available; ------------------------------------------- - — -. - - ------ Year Account Code /Codes ; -----FY16 3590-94300 ---------x-------------------$800, 000.00 ----___--_ --------------Total Funding' - - -$800,000.00 B. Time Constraints Project completion is planned for FY16. Departmental Approval; Lv�� Page 2 of 2 TASK ORDER NO. 10648.A Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND CH2M HILL ENGINEERS, INC (ENGINEER) Q641 This Task Order is made this day of April, 2016 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by CH2M HILL ENGINEERS, INC, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 7a) between the above mentioned parties dated October 1, 2015. The Project Name for this Task Order 10648.A is as follows: CITY OF MERIDIAN WASTEWATER RESOURCE RECOVERY FACILITY POST AERATION PLC4 AND REUSE PLC UPGRADES PROJECT UNDERSTANDING PROJECT UNDERSTANDING The following Scope of Work describes the services that will be provided by the ENGINEER to convert both the existing Post Aeration PLC4 and the Reuse PLC to the Owner standard Allen Bradley ControlLogix and Wonderware Archestra platform. The design and software services for each of these PLC upgrades will be performed under this single task order; however, the ENGINEER will produce two separate design and bid packages, one for each PLC upgrade. Post Aeration The PLC4 system consists of 1 control panel with 1 1/0 rack located in the post aeration building and 4 remote flex 1/0 panels at the following locations: 1. Filter Pump Station 2. RAS Basin Task Order 10648. WASTEWATER RESOURCE RECOVERY FACILITY Post Aeration PLC4 and Reuse pic Upgrades Page 1 of 13 CH2M HILL ENGINEERS, INC. 3. WAS Pump Station 4. Secondary Pump Station The above components for the Post Aeration PLC4 system control the following processes: 1. Post Aeration Blower Control 2. RAS Pump 3 and 4 Control 3. Secondary Clarifier 4 Monitoring 4. WAS Pump 3 and 4 Control 5. Secondary Pump 1, 2, 3, and 4 Control 6. Filter Pump Station Control The Post Aeration PLC4 panel is in very good condition. The panel modifications will be limited to replacing the PLC with a ControlLogix PLC. Reuse PLC The Reuse PLC system consists of 1 control panel with 1 1/0 rack located in the Boise River Outfall Pump Station building. The existing Micrologix 1400 will be replaced with a Compactlogix within the existing enclosure. The above components for the Reuse PLC system control the following processes: 1. Reuse Pumps 1,2,3 and 4 Control 2. Chlorine Dosing Pumps 1,2 and 3 Control 3. Reuse Discharge Valve Control 4. Tank 1 and 2 Valve Control 5. Tank 1 and 2 Level Control 6. BRO Pump Control Task Order 10648. WASTEWATER RESOURCE RECOVERY FACILITY Post Aeration PLC4 and Reuse plc Upgrades Page 2 of 13 CH2M HILL ENGINEERS, INC. WORK APPROACH ENGINEER will complete the work in 3 phases. Phase 1 Design: will include specifications and drawings that can be issued to a contractor for construction. Phase 2 Bid and Construction Support: will provide technical support during the bid period and construction. Phase 3 Software: will include software planning, development, testing and startup. SCOPE OF WORK Project Management The purpose of this task is to manage, coordinate and lead ENGINEER Team's activities and perform administration of the project execution and quality reviews. ENGINEER will provide the resources necessary for project initiation and management throughout the project. Activities include contract administration, project accounting, Health &Safety Plan preparation, project documentation, monitoring progress, change management, periodic invoicing, and closeout and archiving. The effort associated with these functions is based on a twenty six (26) week duration from City -issued notice -to - proceed for completion of the tasks described herein. Phase 1 — Design To convert the system to the owner standard hardware platform, the existing equipment requires modification. The extent of the required modifications will be determined during the design phase of the project. ENGINEER shall provide the following services: • Provide field investigation of existing conduit and cabling between the field mounted flex 1/0 modules and the control panels. Note: An owner supplied electrician maybe required to assist with the investigation to determine the best solution for these locations. • Develop pre -design report summarizing the field investigation notes and explaining the design approach for each of the PLCs. • Conduct design review meetings with the owner at the 50% and 90% design. • Develop biddable construction drawings and specifications including bill of material lists and notes required to complete the construction. Separate bid documents will be produced, one for the Post Aeration PLC4 and one for the Reuse PLC replacement. Task Order 10648. WASTEWATER RESOURCE RECOVERY FACILITY Post Aeration PLC4 and Reuse pic Upgrades Page 3 of 13 CH2M HILL ENGINEERS, INC. • Develop implementation plan including impacts to operation, construction sequence, and software installation sequence. The design for the Post Aeration PLC4 and the Reuse PLC upgrades will be performed concurrently and two separate, stand-alone design packages will be produced, one for each PLC. Deliverables The following deliverables will be provided electronically in PDF format. • Pre -design report • Post Aeration PLC4 Construction Drawings (50%, 90%, and 100% Bid Ready) 0 1 cover sheet 0 1 legend sheet 0 1 electrical site plan 0 1 panel layout drawing 0 1 panel internal power wiring diagram 0 5 1/0 module wiring diagrams 0 1 flex 1/0 replacement diagram 0 1 flex 1/0 network diagram Reuse PLC Construction Drawings (50%, 90%, and 100% Bid Ready) 0 1 cover sheet 0 1 legend sheet 0 1 electrical site plan 0 1 panel layout drawing 0 1 panel internal power wiring diagram 0 7 1/0 module wiring diagrams • Post Aeration Project Administrative and Technical Specifications (50%, 90%, and 100% Bid Ready) • Reuse Project Administrative and Technical Specifications (50%, 90%, and 100% Bid Ready) • Implementation plans, one for each PLC upgrade project • Construction cost estimates, one for each PLC upgrade project • Updated project schedules, one for each PLC upgrade project Details • Panel PLC4 contains one Allen Bradley SLC and one 13 slot 1/0 rack with 5 1/0 modules and 3 remote 1/0 scanner modules. We anticipate replacing only the 1/0 rack and modules in this panel. Internal wiring and terminal strips shall be reused as shown in Figure 1. Task Order 10648. WASTEWATER RESOURCE RECOVERY FACILITY Post Aeration PLC4 and Reuse plc Upgrades Page 4 of 13 CH2M HILL ENGINEERS, INC. Figure 1: Panel PLC4 REPLACE REUSE • The approach for updating the remote flex 1/0 modules will be determined during the design phase of the project. Currently we anticipate replacing the remote 1/0 communication modules with Ethernet communication modules as shown in Figures 2, 3 and 4. Cable lengths will need to be verified to determine if this is the best solution. Task Order 10648. WASTEWATER RESOURCE RECOVERY FACILITY Post Aeration PLC4 and Reuse plc Upgrades Page 5 of 13 CH2M HILL ENGINEERS, INC. Task Order 10648. WASTEWATER RESOURCE RECOVERY FACILITY Post Aeration PLC4 and Reuse plc Upgrades Page 6 of 13 CH2M HILL ENGINEERS, INC. Figure 4: WAS Flex 1/0 (PLC4) REPLACE Reuse PLC Panel SRBS1 LCP0001 contains one MicroLogix 1400 with 7 1/0 modules as shown in Figure 5. A new panel is required. We anticipate replacing only the 1/0 rack and modules in this panel. Internal wiring and terminal strips shall be reused. Figure 5: Reuse PLC Panel lv Phase 2 — Bid and Construction Support There will be two separate bid and construction periods, one for each of the PLC upgrade projects. ENGINEER shall provide the following services: • Provide Bid Support Services o Review and provide content for Owner Invitation for Bid document including Milestone Schedule and Pricing Schedule (2 people at 2 hours each for each project) o Review and provide content for Owner Contract for Public Works Construction (2 people at 2 hours each for each project) o Participate in Pre -Bid conference with Owner and potential bidding contractors. Engineer will provide description of work and respond to bidder's technical questions. (2 people at 3 hours each for each project) o Provide responses to technical design questions for Requests for Information submitted to the Owner by bidding contractors (4 hours total for each project) o Review bid results and provide input if applicable (1 hour for each project) • Provide Construction Support Services o Review and provide edits to draft Owner Pre -Construction meeting agenda (2 people at 1 hour each for each project) o Participate in Pre -Construction meeting with Owner and contractor (2 people at 3 hours each for each project) o Review contractor's construction schedule (2 people at 1 hour each for each project) o Review contractor submittals and provide review responses. Up to four submittals/re-submittals assumed for each PLC upgrade project. (8 hours for each project) o Respond to contractor technical Requests for Information (RFI) and provide design clarification. (8 hours for each project) o Incidental coordination with contractor (8 hours for each project) o Attend panel Factory Demonstration Test (FDT) at contractor's shop (8 hours for each project) Task Order 10648. WASTEWATER RESOURCE RECOVERY FACILITY Post Aeration PLC4 and Reuse plc Upgrades Page 8 of 13 CH2M HILL ENGINEERS, INC. o Prepare project record drawings based primarily on as -built notes and drawing redlines provided by Contractor following completion of construction activities and supplemented with ENGINEER field notes. Deliverables • Meeting minutes from pre -construction meeting. • Technical submittal review comments. • Contractor RFI responses. • Record Drawings stamped by ENGINEER — three 11 "x17" bond copies. One CD with PDF and AutoCAD files of the drawings. Phase 3 — Software To complete the system conversion, the PLC and HMI software applications will be updated to Owner standards. There will be two separate software periods of execution, one for each of the PLC upgrade projects. For each of the PLC upgrade projects, ENGINEER shall provide the following services: • Software Planning o Lead one 4 -hour workshop at the project site with City staff to review the existing process control approaches that are to be replicated by the system upgrade. This information shall be used as the basis for developing process narratives and detailed loop descriptions documenting the automated monitoring and control functions. o Lead one 2 -hour workshop at the project site with City staff to review and finalize the process narratives and detailed loop descriptions. • PLC Programming: o Program PLC to consolidate of functions agreed upon during the software planning. • HMI Programming: o Create new process graphics, control pop -ups, trends and alarming for the systems. o Modify the existing Wonderware Intouch graphics that are affected by the process modifications. o Lead one 2 -hour telephone workshop with the City for review of draft HMI graphics. The City's comments will be incorporated prior to the factory software demonstration test. Task Order 10648. WASTEWATER RESOURCE RECOVERY FACILITY Post Aeration PLC4 and Reuse pic Upgrades Page 9 of 13 CH2M HILL ENGINEERS, INC. • Win 911 Programming: o Modify existing Win911 software for dial -out alarms associated with the project. • Historian Programming: o Update Historian tags currently linked to the existing PLC processors to the new ControlLogix PLC tags. • Software Testing: o Execute offsite testing to confirm that the PLC, and HMI programs are ready for site acceptance testing. o Lead a Factory Software Acceptance Test (FSAT) workshop to demonstrate that the PLC and HMI programs are ready for site acceptance testing. The test will be conducted by ENGINEER programmers for demonstration to City staff that the software functions operate as defined in the final software loop descriptions. o Execute Site Acceptance Testing (SAT) to confirm that the new automated monitoring and control functions operate as defined in the loop descriptions. • Final Documentation o Provide a software users guide to instruct operators how to use the control system graphics for system operation. Includes screen shots of the new and revised HMI graphics, written operating instructions, PDF copy of the final control narratives, PDF copy of the final loop descriptions, and PDF copy of the final test documentation. Deliverables • Written process narratives • Detailed software loop descriptions • Software test documentation forms for signature by a City representative authorized to witness and approve successful test completion. • Updated Wonderware HMI application • Updated Historian tag database export • Final PLC program • Updated Win911 program • Software Users Guide Task Order 10648. WASTEWATER RESOURCE RECOVERY FACILITY Post Aeration PLC4 and Reuse plc Upgrades Page 10 of 13 CH2M HILL ENGINEERS, INC. REIMBURSABLE EXPENSES Task 1 • The estimated expenses for the base scope are based on the following: o Travel — Airline: 2 round-trip o Travel — Rental Cars: 4 days o Travel —Lodging: 2 nights o Travel —Meals: 4 days Task 2 • The estimated expenses for the base scope are based on the following: o Travel — Airline: 2 round-trip flights o Travel — Rental Cars: 4 days o Travel —Lodging: 2 nights o Travel —Meals: 4 days Task 3 • The estimated expenses for the base scope are based on the following: o Travel — Airline: 4 round-trip flights o Travel — Rental Cars: 12 days o Travel —Lodging: 8 nights o Travel —Meals: 12 days ASSUMPTIONS • Control functionality shall be as identified during software workshops. The functionality shall be reviewed with the Owner for schedule and budget impacts before proceeding. • PLC programming for this project will be done remotely from the site. • PLC4 modifications are based upon the 1/0 listed in Table 1. Reuse PLC modifications are based upon the 1/0 listed in Table 2. • The software programming effort for ControlLogix PLC is based on the use of the ENGINEER's existing add-on instructions (AOls) similar to those used on the Aeration PLC Replacement project. Task Order 10648. WASTEWATER RESOURCE RECOVERY FACILITY Post Aeration PLC4 and Reuse plc Upgrades Page 11 of 13 CH2M HILL ENGINEERS, INC. • HMI programming for this project will be done remotely from the site. Programming will be done in a similar fashion as the Aeration programming and the City of Meridian HMI programming standards. • New HMI graphics will be developed using Wonderware System Platform Objects similar to those used on the Aeration project. • Win911 modifications will add a limited number of new alarms based on new PLC programs. • The total effort for onsite software testing includes up to 12 person days at the site (4 trips). • Onsite software testing will not begin until system readiness testing has been successfully completed by the CONTRACTOR and authorization to proceed issued to ENGINEER. System readiness means that all wiring is complete and tested, field instrumentation is calibrated and operational, phase rotation has been confirmed on all 3-phase powered rotating machinery, all required manufacturer's startup service is complete, and local manual control of all equipment has been confirmed. • City staff will be available for coordination and assistance during software testing. • ENGINEER will use software test documentation forms for signature by an authorized City representative (similar to those used for previous work executed at the WWTP by ENGINEER). TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by April 4, 2016 and resulting in Final Design being completed by October 2016. A NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION` SCHEDULE Task Description Due Date Compensation Project Management ■ April 2016 through September 2016 ■ $15,450 (labor) 1 Design ■ $47,450 (labor) PLC 4 ■ May 2016 through June 2016 ■ $1,810 (expense) ■ July 2016 through August 2016 Travel Reuse PLC PLC 4 Bid and Construction Support ■ June 2016 through August 2016 ■ $14,800 (labor) 2 ■ $905 (expense) Travel Task Order 10648. WASTEWATER RESOURCE RECOVERY FACILITY Post Aeration PLC4 and Reuse pic Upgrades Page 12 of 13 CI -12M HILL ENGINEERS, INC. The Not -To -Exceed amount to complete all services listed above for this Task Order No. 1234 is two hundred two thousand, seven hundred twenty dollars ($202,720.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Any and all travel will only be reimbursed if pre -approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not -To -Exceed Task Order Total per the Compensation and Completion Schedule above. CITY OF MERIDIAN BY: KEITH WATTS, Purchasing Manager Dated: CH2M HILL ENGINEERS, INC. BY: Dated: G oyw Approved by Council: Depar , 114AppovBY:WA REN Sgineering Manager City Project Manager Emily Skoro Task Order 10648. WASTEWATER RESOURCE RECOVERY FACILITY Post Aeration PLC4 and Reuse pic Upgrades 13 Page 13 of CH2M HILL ENGINEERS, INC. Reuse PLC Bid and Construction Support ■ October 2016 through December ■ $14,800 (labor) 2016 ■ $905 (expense) Travel PLC4 System Software ■ June 2016 through August 2016 ■ $51,100 (labor) 3 ■ $2,200 (expense) Travel Reuse PLC System Software ■ October 2016 through December ■ $51,100 (labor) 2016 ■ $2,200 (expense) Travel TASK ORDER TOTAL: $202,720.00 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 1234 is two hundred two thousand, seven hundred twenty dollars ($202,720.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Any and all travel will only be reimbursed if pre -approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not -To -Exceed Task Order Total per the Compensation and Completion Schedule above. CITY OF MERIDIAN BY: KEITH WATTS, Purchasing Manager Dated: CH2M HILL ENGINEERS, INC. BY: Dated: G oyw Approved by Council: Depar , 114AppovBY:WA REN Sgineering Manager City Project Manager Emily Skoro Task Order 10648. 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JAMAICA STREET ATTN:TAX ENGLEWOOD, CO 80112 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: DELAWARE Date of 12 Jul 2005 Origination/Authorization: Current Registered Agent: C T CORPORATION SYSTEM 921 S ORCHARD ST STE G BOISE, ID 83705 Organizational ID / Filing C161426 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 18 Jun 2015 Annual Report Due: Jul 2016 Filed 12 Jul 2005 CERTIFICATE OF AUTHORITY ;�; Amendment Filed 27 Aug NAME CHANGED 2007 TO CH2M HILL ENGINEERS, INC. Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT [ Help Me Print/View TIFF ] View Image (PDF format} View Image (TIFF format [ Help Me Print/View TIFF ] View Image (PDF format View Image (TIFF format) [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 CHANGE View Image (PDF format) View ADDRESS Image (TIFF format) https://www.accessidaho.org/public/sos/corp/C 161426.html 4/14/2016 A� C) �® �..�/!� CERTIFICATE OF LIABILITY INSURANCE DATE (MMDD/YYYY) 05/22/20115 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 MARSH USA INC. 122517TH STREET, SUITE 1300 CONTACT NAME: PHONE N NC No): E-MAIL ADDRESS: DENVER, CO 80202-5534 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Greenwich Insurance Company 22322 15114 -12345-5EX2P-15/16 034246 INSURED CH2M HILL ENGINEERS, INC. 9127 SOUTH JAMAICA STREET INSURER B : N/A N/A INSURER C : XL Insurance America, Inc. 24554 INSURER D: Zurich American Insurance Co 16535 ENGLEWOOD, CO 80112 INSURER E : RGE500025504 INSURER F: 05/01/2016 COVERAGES CERTIFICATE NUMBER: SEA -002835547-08 REVISION NUMBER:3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE $ 1,500,000 A CLAIMS -MADE � OCCUR RGE500025504 05/01/2015 05/01/2016 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,500,000 MED EXP (Any one person) $ X $500,000 SIR PERSONAL &ADV INJURY $ 1,500,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY D PRC JECT FILOC PRODUCTS - COMP/OP AGG $ 5,000,000 $ OTHER: AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT Ea accident $ 2,000,000 A X ANY AUTO RAD500025404 05/01/2015 05/01/2016 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident, NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ CY/N Q WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDE[ (Mandatory in NH) N/A RWD500025204 AOS (AOS) RWR500025304 (WI) 05/01/2015 05/01/2015 05/01/2016 05/01/2016 X PER OTH- STATUTE I I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D PROFESSIONAL LIABILITY* EOC3829621-13 05/01/2015 05/01/2016 Each Claim & Aggregate $2,000,000 Each Policy Period DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: ALL PROJECTS, ALL LOCATIONS CITY OF MERIDIAN, IDAHO IS INCLUDED AS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. *FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. CITY OF MERIDIAN, IDAHO ATTN: CITY PURCHASING AGENT 33 E. BROADWAY AVENUE MERIDIAN, ID 83642 L;ANULLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Sharon A. Hammer C_W- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD City of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3590 - WW Construction Projects 60 - Enterprise Fund From 10/1/2015 Through 9/30/2016 Date: 4/14/16 03:17:22 PM Page: 1 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 94300 Capital - Electronics 10521 WWTP PLC Replacements 555,873.65 26,399.00 529,474.65 95.250 10521.a WWTP Aeration PLC 50,086.39 50,086.39 0.00 0.009.1 Replacements 10521.e WRRF Centrate PLC 40,000.00 40,000.00 0.00 0.009- .00%Replacement Replacement 10596 WWTP PLC Replacements - 253,805.02 0.00 253,805.02 100.00% Digester 4 and 5 10596.a WWTP PLC Replacements - 0.00 129,845.39 (129,845.39) 0.00% Digester 4 and 5 - Design 10596.b WRRF PLC Replacements - 0.00 66,057.60 (66,057.60) 0.00% Digester 4 and 5 - Construction 10611 WRRF - Lift Station 15,000.00 10,546.77 4,453.23 29.69% Control Software Integration for Oaks, L 10622 PLC 2 Control Room and 8,160.00 8,160.00 0.00 0.00% Digester PLC 3 Upgrades 10622.a PLC 2 Control Room and 200,880.00 200,880.00 0.00 0.00% Digester PLC 3 Upgrades - Design Total Capital Outlay 1,123,805.06 531,975.15 591,829.91 52.669- 2.66%TOTAL TOTALEXPENDITURES 1,123,805.06 531,975.15 591,829.91 52.66% Date: 4/14/16 03:17:22 PM Page: 1 Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: License Agreement with St. Luke's Regional Medical Center for Construction and Maintenance of Meridian Monument Sign 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 When Recorded Mail To: ADA COUNTY RECORDER Christopher D.Rich 2016.035530 BOISE IDAHO Pgs=17 DAWN TRIVOLIS 04/28/2016 08:41 AM ST.LUKE'S HEALTH SYSTEM,LTD. MERIDIAN CITY NO FEE 190 East Bannock Street II'II II'I I'I'I II I I II"II I I'II II I'll/ II III Boise,Idaho 83712-9987 00218913201600365300170179 Attn: General Counsel (Above Space for Recorder's Use Only) LICENSE AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF MERIDIAN MONUMENT SIGN This LICENSE AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF ME DIAN MONUMENT SIGN("Agreement") is made effective this (o day of r , 2016,by and between St. Luke's Regional Medical Center, Ltd., an Idaho not for profit corporation("Grantor"), and the City of Meridian,a municipal corporation organized under the laws of the state of Idaho ("City"). Grantor and City may be collectively referred to as "Parties." WHEREAS, Grantor owns real property located at 520 S. Eagle Road, in Meridian, Idaho,parcel no. S1116233803 ("Grantor's Property"); WHEREAS,to welcome travelers to Meridian, instill a sense of place, and establish a landmark at this gateway to Meridian, City desires a license to use a portion of Grantor's Property to construct and maintain an illuminated monument sign;and WHEREAS, for the purposes and pursuant to the terms and conditions set forth in this Agreement, Grantor is willing to extend such license to City; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereby agree as follows: 1. Grant of license. Grantor hereby grants to City,as grantee, a non-exclusive license on,over, across,under, and through Grantor's Property,as legally described on Exhibit A, attached hereto and incorporated herein by reference,as generally depicted in the diagram attached hereto as Exhibit B for the following limited purposes: a. Construction of an illuminated monument sign, including foundation, electrical infrastructure, and associated components and facilities, as set forth in Exhibit C hereto ("Monument"), at City's sole cost and expense, as expeditiously as reasonably possible, and in compliance with applicable laws,policies of Grantor, any existing encumbrances on Grantor's Property, and sound design and engineering practices. City shall provide Grantor reasonable prior notice in advance of construction,repair,or maintenance of Monument. b. Maintenance of the Monument in good condition and repair and as may be needed to satisfy applicable laws,policies,and reasonable discretion of Grantor,and sound engineering practices. MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 1 OF 17 2. Term and termination. This Agreement shall continue in perpetuity and shall remain in effect unless and until terminated by either party upon ninety(90)days written notice. Following notice of termination,within the termination notice period, City shall remove the Monument and restore and repair portion of Grantor's Property in need of restoration or repair due to City's use at City's expense. 3. Damage or destruction. In the event that the Monument is damaged or destroyed, in whole or in part, City may, at its sole election, restore or replace the Monument, subject to availability of sufficient funds. City shall have the right to remove the Monument, at City's cost. So long as City elects to leave Monument in place, City shall maintain the Monument in good condition and repair and as may be needed to satisfy applicable laws,policies,and reasonable discretion of Grantor,and sound engineering practices. In the event that Grantor's property is damaged or destroyed, in whole or part,due to City's use, City shall restore and repair such property. 4. Electrical utilities. City shall pay for the provision of and continued use of electrical services to Monument, if any. 5. Insurance to be obtained by City. The Monument is,and shall be, City's personal property,and City shall obtain all necessary property and other insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Insurance of Grantor's Property or interests shall be the sole responsibility of Grantor. 6. Binding on Successors. This Agreement shall be binding on the successors,administrators, executors and assigns(if permitted)of all parties hereto,and shall run with the land. 7. Hold harmless. City agrees to hold the Grantor, its successors,assigns,and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from City's use or use by its employees, licensees,agents, invitees, or representatives, of the Grantor's Property pursuant to the license granted hereby. 8. Remedies. In the event of a breach hereunder by any party,the non-breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit,action or appeal therefrom to enforce or interpret this Agreement,the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 9. Assignment. City shall not sell,transfer, or assign its interest in this Agreement without the written consent of Grantor. Grantor shall not sell,transfer, or assign its interest in this Agreement without written notice to City. 10. Obstructions. Grantor shall neither install nor permit any fence, sign, landscaping, or other barrier within or across Grantor's Property which would prevent or unreasonably obstruct the view of the facia of the Monument or City's access to the Monument. However,the foregoing shall not prohibit the installation of temporary barricades reasonably necessary for security and/or safety purposes in connection with repair or maintenance of Grantor's Property, so long MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 2 OF 17 as such work is conducted in the most expeditious manner reasonably possible to minimize the obstruction of the Monument. 11.Notices. All notices,demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is(a)delivered to the party intended, (b)delivered to the then current address of the party intended,or(c)rejected at the then current address of the party intended,provided such writing was sent prepaid. The initial address of the signatories hereto is: City: City of Meridian Grantor: Russ Harbaugh,Director of Operations c/o City Clerk St.Luke's Regional Medical Center,Ltd. 33 East Broadway 520 S.Eagle Road Meridian, Idaho 83642 Meridian, Idaho 83642 Upon at least ten(10)days' prior written notice to the other,each party shall have the right to change its address. 12.Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises,or inducements made by either party,or agents of either party,whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 13.Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 14. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid,or unenforceable,the remainder of this Agreement shall not be affected. 15. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 16.Warranty of authority. The person executing this Agreement on behalf of Grantor represents and warrants due authorization to do so on behalf of Grantor, and that upon execution on behalf of Grantor,the same is binding upon, and shall inure to the benefit of, Grantor. IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed the day and year first written above. GRANTOR: St.Luke's Regional Medical Center,Ltd. an Idaho not for profit corporation By: J- '�f' for SLHS SVP, C O Date: 5 (//)4 MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 3 OF 17 STATE OF IDAHO ) )ss. COUNTY OF AD ) 11 On this IA/ lay of /1/Q.,‘ , 2016,before mte, C42-c.o, A . WI..1 ere$ , a Notary Public in and for said State, personally appeared e c_c r5 • '�Q.. Jo r , known or identified to me to be the Sr. .4 P C$0 of St. Luke's Regional Medical Center, Ltd.,an Idaho not for profit corporation,the person who executed the instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certif( , t above written. 0 ..wii n ::j L L . L .._4m� V.,, T .p' . s +OAR„ Notary Public f Idaho kC, Residing at 2 0 t S f OLIO -0 My commission expires Q 8/1 9 ,„.:1rE dog '''r'n''''si Q��ptED A(jouST C C.) ATTEST: w , cily of 'MINIM r""��_ Att IDIAN '.."'=; irla Tammy de re, ‘4 . or i IDAHO a , Ity Clerk SEAL J 3oreS -"e TRE N.7''' STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this a(o day of 0.)m`,\ ,2016,before me,the undersigned,a Notary Public in and for said State,personally appeared TAMMY DE WEERD and lAYCEE- -)P1/4e-`1 -\®IsES 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. `'• ''-C MJi *k L- i'LQL • No rc.A• Ate. Notary Public fo daho n,, g, V" ,r+: Residing at C&,Q 4 l Mf ; My commission expires d2, cfr 1 S' •. 0% ,�'. MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 4 OF 17 EXHIBIT A LEGAL DESCRIPTION The Westerly 30 feet of the following described parcel of land: A parcel of land being that portion of the Southwest Quarter of the Northwest Quarter of Section 16,Township 3 North,Range 1 East of the Boise Meridian,Ada County, Idaho, lying North of the right-of-way of Interstate 84,East of the right-of-way of S.Eagle Road and Southerly and Easterly of MONTVUE PARK SUBDIVISION,being more particularly described as follows: COMMENCING at the West Quarter corner of Section 16, Township 3 North,Range 1 East,Boise Meridian;thence North 0 degrees 30'52" West 1321.35 feet to the intersection of the West line of said Section 16 and the Southerly boundary of MONTVUE PARK SUBDIVISION extended;thence South 89 degrees 35'25" East 69.59 feet to the intersection of the South line of MONTVUE PARK SUBDIVISION and the Easterly right-of-way of S.Eagle Road, THE REAL POINT OF BEGINNING of this description;thence continuing South 89 degrees 35'25" East 941.72 feet to the Southeast corner of MONTVUE PARK SUBDIVISION;thence North 0 degrees 20'17" West 2.21 feet to the intersection of the Easterly line MONTVUE PARK SUBDIVISION and the North line of said Southwest Quarter of the Northwest Quarter;thence South 89 degrees 26'11"East 338.32 feet to the Northwest 1/16 corner of said Section 16;thence South 0 degrees 21'56"East 1281.37 feet along the East line of said Southwest Quarter of the Northwest Quarter to a point on the Northerly right-of-way of Interstate 84;thence North 85 degrees 45'10" West 438.46 feet to an angle point in the Northerly right-of-way of Interstate 84; thence South 89 degrees 09'38" West 758.53 feet to an angle point in the Northerly right-of-way of Interstate 84;thence North 46 degrees 13'58" West 142.42 feet(formerly 141.43 feet)to an angle point in the Easterly right-of-way of S. Eagle Road;thence North 0 degrees 50'36" West 394.41 feet to an angle point in the Easterly right-of-way of S.Eagle Road;thence South 89 degrees 09'24" West 5.00 feet to an angle point in the Easterly right-of-way of S. Eagle Road;thence along said right-of-way on a curve to the right 432.62 feet, said curve having a radius of 5659.58 feet, a central angle of 4 degrees 22'47",tangent of 216.42 feet and a chord of 432.52 feet which bears MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 5 OF 17 North 01 degrees 20'47" East to a point of reversed curvature in the Easterly right-of-way of S. Eagle Road;thence along said right-of way on a curve to the left 342.87 feet, said curve having a radius of 5799.58 feet, a central angle of 3 degrees 23'14", tangents of 171.48 feet and a chord of 342.82 feet which bears North 01 degrees 50'33"East to THE REAL POINT OF BEGINNING of this description. MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 6 OF 17 m EXHIBIT B GENERAL LOCATION OF MONUMENT w r 4 �1 C �• d � L..# w MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 7 OF 17 EXHIBIT C MONUMENT DESIGN MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 8 OF 17 - IQFSASv A .Aitl nF. 33 a4 f iia MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 8 OF 17 tj $ZEd � Eli 5104 MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 9 OF 17 A sgi�gr�rb a tiL�y P�05-Su 2-43/i" a14 T-2%. Z-1114' S-4" O x�� al MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 10 OF 17 m d T-2%. Z-1114' S-4" O x�� al MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 10 OF 17 70 O owl 5ct ,51HI � s 1 Mill IEr■ N UK jigIf �11118_ 2-8" 4'11W 1 O 5ct ,51HI � s i ; N UK jigIf m a a n ti ii 2! -8'+1 - MERIDIAN MoNIIMENT LICENSE AGREEMENT PAGE 11 OF 17 � m m-19 � ;15 � < g ; %\ r ro MERIDIAN MONUMENT UC NSE AGREEMENT PAGE12OF17 JD, March 31.201? Idaho Electric Sagas, 65 7 S Supply Way Boise, ID 3370; JOHNSON DESIGN & ENGINEERING, PLLC 1QDD N. LAKES PLACE. SUITE 100. MERIDIAN, ID 63648 Office: (2D8) $38-1446 Gell: (2W) 608-0008 E-mail: tjrrb&deidaho.com :1ittll= Rick Berry Re: Ci#s of Aferidi m - Met idian, ID Voice (208) 338-4401 As you have requested, we hive provided the footing and column design for the above mentioned project. Please fmd the following enclosed as a list of considerations for tour use in completing the project. PDF copy of select structural calciulations. PDF copy of red -limed pl.-as. If you have any questions or require additional information- please can. Sineerel �. TA, 3 154347 DESIGN & Eis+GINEERLNG, PLLC F.E. MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 13 OF 17 150347 JOHNSON DESIGN & ENGINEERING, PLLG 1900 N. LAKES PLACE. SUITE 100, MERIDIAN, ID 83646 Office: (208) 936-1 D45 Cell: (2118) 60"D08 STRLTCIT7RAL CAL CM4Y102V& fol- Idaho arIdaho Electric Suns City of Meridian - McAdian, ID Select Smuctul-al Design March 31. 2015 by JOHNSON DESIGN & ENG"I1V ERLNG, PLLC 1900 N_ Lakes Place. Suite 100 Meridim Idaho 83646 (208) 939-1043 Page 1 of 3 E-mail: timjde-idaho_com MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 14 OP 17 JOHNSON DESIGN & ENGiNEERING,,. PLLC 1900 N- LAKES PL-, SMITE 106 1 MERIDIAN * IDAHO POLE SIGN DESIGN 2012 IBC Client: Idaho Electric Signs Project: City of Meridian Horizontal klonument Sign Project No- 150343 Hate: 31-Mar-15 DESIGN CRITERIA: Distance to sign top (h) 9:D0 ft. Height (s) 0+_00 ft. Width (B) 15.67 ft- srh 1.00 BIS 1.74 Wind Load: Basic Wind Speed. V = 115 mph ASCE 7-10, Fig_ 20.5-1A Exposure C ASCE 7-10. Sec- 26-7-3 Wind Direotionalrty Factor, Kd 0.85 ASCE 7-10, Table 2$.6-1 Velocity Pressure Exposure Coefficient, Kz = 0.95 ASCE 7-10, Table 30.3-1 Velocity Pressure, q =-00255'Kz'I{d'V'12 = 24-40 psf ASCE 7-10, Eq. 22.3-1 Force Coefficient, Cf = 1-55 ASCE 7-10, Fig- 29.4-1 Gust Factor Coefiic➢ent, G = 0.85 ASCE 7-10, Sect. 26.9 Design Wind Load. P = q'G'Cf'.63 = 20.'30 psf Seismic: Face Area Dead Load, Wt = 20 psf Mapped Spectral Accelerations for short periods, Ss = 1-60 ASCE 7-10, Sec. 1IA. 1 Site Coefficient, Fa = 1-00 ASCE 7-10. Table 11.4-1 Max. Spectral Response, SMS= Fa'Ss = 1-00 ASCE 7-10, Eq. 11.4-1 Design Spectral Response, SDs= 213'SMS = 1.07 ASCE 7-10, Eq. I IA -3 Response Modification Coefficient, R = 2.00 ASCE 7-10 Table 12.2-1 Seismic Load, Vs = 1.D'SDS'Wt1R = 10.7 psf ASCE 7-10 Eq. 1114-11 Soil: Lateral Loadings Fpv= 200 pcf+ft. Vertical Loadings Fpb= 1509 psf Steel Stresses: Yield Strength, Fy= 30000 psi Bending Stress, Fh=0-60'Fy= 23700 psi Concrete Stress: Concrete Strength. Fc = 20DO psi Reinforcing S rength, Fy = 40000 psi MEMBER NO. BASE HEIGHT Pw Y Mw Pw ;ft}(lbs) (ft) (:ft -lbs) (lbs) 1 0AO 2477 4 0883 2440 SIGN FORCES: MEMBER 01 Sign Area # Area (Aft Centriod (CF1 Cenvoid'Area X) (ft from base) (ft3) 1 15.DO 7.75 116.25 2 60,00 5.00 30D-00 3 47,01) 1-50 70.50 - Af = 122 -DD -Af'Cf 480.75 Sign Centriod,6 _ (-Af'Cfy-Af = 3-99 ft - Wind Load, Pw _ -AI'Ww = 2476.99 Ibs. base Vertical Load. Pv=-Af'Wt= 2440.01) lbs. base MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 15 OF 17 JOHNSON DESIGN & ENGINEERING, PLLC 1900 N_ LAKES PL., SUITE 104' MERIDIAN * IDAHO POLE SIGN DESIGN Client Idaho Electric Signs Project: City of Meridian Horizontal klonurnent Sign Project No_ 1503-#7 Date: 31-h7ar-15 COLUMN DESIGN: [Use AISC (1_6-2); faJFa + fbtFb a 1.331 Use sign loads at the base of each column member for analysis of earth member MEMBER fl per member total 4" Dia x 0.237" Wall Ax (int) _ $_17 8.34 Number of Columns 2 Sx (0) = 3-21 0.42 ry(in)= 1.16 K = 2 L unbraced (ft.) = 9-O0 KLPr = (in.) 1cc Fa=AISC T_1-36 4320.00 psi fa = PviAx = 3$4.8.6 psi Fb = AfSC 1.5 = 23760.00 psi tb = MWISx = 18472.12 psi fa1Fa + fb,.Fb = 0.57 <1.33 OKI FOUNDATION DESIGN [IBC -Section 1 B] FOOTING DEPTH = A�2(1+{1+-(4-38'Y1A))A0.6) ASSUMED Multiple Excavated Footings r-Footings,*F= 1 1=tg_ Width =(ft.) 16ZI) Fag. Thick = (ft.) 3.67 Depth = (ft_) 2-75 A. _ (2.34'Pw.*F)1(S'B)= 0.94 where S = Soil Bearing C 113 Depth = 396.67 (psf) B = Effective Footing Width = 18:$0 (ft.) hNNIMUNI FOOTING DEPTH _ (FT-) 2.54 OK I GK_ FOOTING AREA REQ'D = PvlA:b 1.69 OK! 2012 IBC Equation 15-1 315 MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 16 OF 17 t 6._a, PAGE 17 OF 17 7 I�t MERIDIAN MONUMENT LICENSE AGREEMENT Bak w VY t 6._a, PAGE 17 OF 17 7 MERIDIAN MONUMENT LICENSE AGREEMENT t 6._a, PAGE 17 OF 17 Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 6 INZ0aI*0IS,I IIIJ1M=1 �1 ITEM TITLE: Items Moved from Concent Agenda Item Moved from Concent Agenda MEETING NOTES �j bne- 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: April 26, 2016 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. I (1P _ I( : A Resolution to Appoint Callie Zamzow to Seat 3 and Tammy de Weerd to Seat 5 of the Meridian Development Corporation 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. i (.o - I � 5 :) BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING TAMMY DE WEERD TO SEAT 5 AND CALLIE ZAMZOW TO SEAT 3 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation has been established by actions of the City Council of the City of Meridian pursuant to the Idaho State Code as the Redevelopment Agency for the City of Meridian; and WHEREAS, that further action established its members and terms of their appointments; WHEREAS, Tammy de Weerd was reappointed in August of 2012 for a 3 year term for Seat 5; WHEREAS, Callie Novak Zamzow was appointed to Seat 3, April 6, 2014 by the Meridian Development Corporation; WHEREAS, Tammy de Weerd may be reappointed to a 3 year term for Seat 5 and Callie Zamow may be appointed to a 3 year term for Seat 3; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective appointments of Board Members Tammy de Weerd and Callie Zamzow as recommended herein to the Meridian Development Corporation; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Tammy de Weerd shall be reappointed to Seat 5 and Callie Zamzow appointed to Seat 3 of the Meridian Development Corporation, which terms shall run through August 31, 2018, 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�;(oday of April, 201.6. APPROVED by the Mayor of the City of Meridian, Idaho, this c day of April, 2016. IEDAUG ATTEST: °�e° r� City of w E IDIA By: IDAHO Jacy Jon -ds, i s SEAL r RESOLUTION REAPPOINTING DE WEERD AND ZAM~'LiJRr7 O MDC - PAGE 1 OF 1 de Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Staff Recommendation for Approval of Floodplain Variance Request of Addition at 975 E. Pine Ave. MEETING NOTES - Ly I ,- �-�Oacv-- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN1*-----, Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: David Miles, Acting Floodplain Administrator DATE: April 15, 2016 Mayor Tammy de Weerd Ciky Council Memberft Keith Bird Joe Borton Lulze Cavener Genesis Milam Ty Palmer Anne Little Roberts SUBJECT: STAFF RECOMMENDATION FOR APPROVAL OF FLOODPLAIN VARIANCE REQUEST OF ADDITION AT 975 E. PINE AVE. RECOMMENDED ACTION A. Move to: 1. Approve the floodplain variance request submitted by Ada County Development Services on behalf of the Ada County Operations Department to allow the existing elevated structure to remain as constructed while adding a new laboratory area at 975 E. Pine Ave. II. DEPARTMENT CONTACT PERSONS David Miles, Acting Floodplain Administrator 489-0383 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, Public Works Engineering Manager 489-0350 III. DESCRIPTION A. Back rg ound This memo is support for a request for variance from the City's Flood Damage Prevention Ordinance by the property owner and their agent for an addition to the County Weed & Pest Facility offices at 975 E. Pine Ave. which is located in a Meridian Floodplain Overlay District. The original building was completed in 2007 and met the City Flood Damage Prevention Ordinance (MCC § 10-6) in place at that time. Since that time, MCC §10-6 has been modified to require an additional one foot (1') increase in elevation above the Base Flood Elevation (BFE) for structures. Page I of 3 B. Proposed Project The applicant proposes to add approximately 2,500 square feet to an existing building for new laboratory testing space required due to increase virus testing needs of the County. Currently, MCC § 10-6 would require that the existing building also be further protected from flood damage potential by increasing the height of floodproofing by one foot (1') and protecting the existing doors of the structure by use of mechanical flood gates. The applicant requests that the existing portion of the building not be required to meet this provision of MCC § 10-6 as this requirement would require added funding delaying construction. These delays will delay new laboratory testing which could increase the threat of various viruses. The new addition area will meet the current elevation and flood proofing requirements of MCC § 10-6. Granting this variance will not result in additional threats to public safety and the request is a minimum deviation from the Meridian Code necessary. Under the Flood Damage Prevention Ordinance, the proposed improvements will meet the minimum National Flood Insurance Program (NFIP) Code of Federal Regulations (CFRs) and the intent of our Code. I have reviewed this proposal with the City Engineer and they concur with the recommendation to approve the variance provided elements of construction follow FEMA guidelines for floodproofing where necessary and the applicant obtain a Letter of Map Revision from FEMA prior to occupancy. These elements will be reviewed and conditioned during the building permit application process. IV. IMPACT A. Strategic Impact: This recommendation provides a reasonable alternative while meeting the minimum NFIP base flood elevation and the intent of the Meridian Code. B. Service/Delivery pact: This recommendation provides a reasonable alternative while meeting the minimum NFIP base flood elevation and the intent of the Meridian Code. C. Fiscal Impact: N/A V. ALTERNATIVES Deny variance request. This would require the applicant to build to full local code requirements. This would create a hardship as the timing needed to obtain Page 2 of 3 additional funding for full compliance would delay the project and could increase the threat to health & safety. VI. LIST OF ATTACHMENTS A. Applicant Letter of Request for Variance. B. City Flood Damage Prevention Ordinance Section 10-6-4(D) "Appeals and Variances" Approved or Council Agenda: - Page 3 of 3 " /4: at April 13, 2016 r Re: Weed/Pest and Mosquito Abatement Addition Dear David, As you know Ada County is planning an addition to the Weed/Pest and Mosquito Abatement facility at 975 E Pine Street, Meridian. The existing building was completed and given a certificate of occupancy by the City of Meridian on June 8, 2007. At the time of construction the required elevation of the lowest finished floor per city of Meridian code was one (1) foot above the BFE. It was built with the floor 1.25 ft above BFE, exceeding the minimum by 0.25'. Had we known at that time the City of Meridian would raise the required finished floor elevation to 2.0' above the BFE we would have built to that standard. We are now looking at adding approximately 2500.square feet (29%) to the building. This addition will consist of an expanded testing facility and associated staff offices. The expansion is needed for the following reasons: • The existing testing facility is too small for the current number of staff performing the mosquito abatement testing and surveillance. The testing and surveillance of mosquitos that may carry West Nile is critical to health and safety of the residents of Ada County including the City of Meridian. We believe testing and surveillance of mosquitos for the Zika virus is imminent. • Both viruses the pose a very real threat to the residents of Ada County. The existing building will consist entirely of office and storage space while the addition will only house the CRITICAL new testing facility and associated office space. • We desperately need to complete this project as soon as possible as our testing staff has inadequate space with which to perform this very important work. We believe this need constitutes good and sufficient cause for this request. We understand the requirement for an addition greater than 20% to be elevated to 2 ft above BFE per Meridian's ordinance and wholeheartedly agree that the critical testing and surveillance facility should be elevated to meet this requirement. Our request is that the requirement for floodproofing the existing building be waived. We respectfully request this minor deviation from the requirements of the code because we will not have funds available to do the addition and the flooproofing this year. The additional cost of the floodproofing will delay the project due to the timing of available County funds. Delaying this project will leave Ada County Weed & Pest inadequately equipped to respond to a virus threat such as the Zika virus. Per our discussing, Ada County is working on the application to FEMA to removing the 911 center, the EMS bldg., and the Weed & Pest building from the SFHA. Attached is an aerial showing the outlined of the proposed area to be removed via the LOMR-F process. Our survey staff will d. When Base Flood Elevation data or floodway data are not available, then the Floodplain Administrator shall obtain, review and reasonable utilize .any base flood elevation and floodway data available from a federal; state or other source in order to administer the provisions of this ordinance. 2. Conduct inspections of all development in the Meridian Floodplain Overl ay District in coordination with the designated Building Official to ensure that the provisions of the Flood Damage Prevention Ordinance are met. 3. Notify adjacent communities and the State Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. 4. Maintain the following information for public inspection: a. Floodplain Development Pen -nit Applications and attachments. b. Results of hydraulic studies as required by this chapter, c. No Rise certificates as required by this chapter. d. Flood -proofing certificates. e. Any other documents pertaining to the provisions of this chapter. 5. Make interpretations where needed, as to speck location of the boundaries of the Special Flood Hazard Area or Meridian Floodplain and Floodway Overlay Districts (for example, where there appears to be a conflict between a mapped boundary and actual field condiitions.). D. Appeals and Variances: 1. Appeal and Variance Procedures: A. The City Council shall hear and decide appeals and requests for variances from the requirements of this Chapter. b. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination Tirade by the Floodplain Administrator in the enforcement or administration of this Chapter. The Floodplain Administrator and applicant shall consult with the City Engineer prior to appealing to City Council, c. Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the Fourth Judicial District Court, Ada County, Idaho, pursuant to Idaho Code chapter 52, title 67. MERIDIANFLOOD DAMAGE PREVENTION. ORDINANCE PAGE 9 OF 15 survey the proposed boundary next week. We have already obtained survey shots for the Weed & Pest building and are confident based on that data and various survey files we have that he'll be able to create an island for the three facilities. The field work is scheduled for next week. Please let me know if you need additional information in order to review this request. Thank you for your time and consideration. Sincerely, Angela Gilman County Engineer/Floodplain Administrator Ada County Development Services ,\, W r- �> , W N CD w Cs O Ib. �'. A�1 ° o .p o h o 7G' oCD Qom. td MA w CD CD P 10 °. ° CD CD o ara 0. o, C o CD n a y�.0. c C) tea. O n o CD o CD c b�:GO CD CD CL �, O' ,�i••S' �H,� �i+ iy� h4 r . <D dQ d �' r C� O " `J Gj 43 rh CD c P. . W ' d d Uj O N !D P�1' CD PL cam. ?�o CD sv. o O r•4 ~. Com' C:. w CD CD o CD - 13 00 o O et o� C" o °O a t 'K .mss 'd 'Or'C3¢ k�4 C. 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O C'D On CL CD ,5 y fD o JC C�+ (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (3) A determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or Victimization of the public, or conflict with existing local laws or ordinances, (4) A determination that the variance is the minimum necessary, .considering the flood hazard, to afford relief. Any variance should allow only minimum deviation from the requirements of this code. c. Upon consideration of the factors of §10-6-4(D)(1)(d) of this Section and the purposes of this Chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this Chapter; d. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. e. Any applicant to whom a variance is granted shall be given written notice by the Floodplain Administrator that the development will be permitted without meeting City Code requirements and that the cost of flood insurance will be commensurate with the increased risk of flood damage.. 10-6-5: PROVISIONS FOR FLOOD HAZARD REDUCTION.- A. EDUCTION: A. Standards for the Meridian Floodplain Overlay District: 1. Engineering and Mapping Requirements: a. Detennination of Base Flood Elevations (BFEs): The Floodplain Development Perinit Applicant shall first contact the City Floodplain Administrator to determine the Base Flood Elevation. If the Floodplain Administrator is unable to determine the Base Flood Elevation through FEMA profiles and/or simplified methods, then the Floodplain Development Permit Applicant shall retain the services of a Qualified -State of Idaho Licensed Professional Engineer, or Professional Land Surveyor to determine BFEs before and after the proposed development. BFEs shall be determined based on FIRMS, previous studies, by performing a hydraulic analysis, or other methods approved by the Floodplain Administrator. The engineer or surveyor must check with the Floodplain Administrator to determine if additional updated information on BFEs is available. MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE PAGE 11 OF 15 d. When Base Flood Elevation data or floodway data are not -available, then the Floodplain Administrator shall obtain, review and reasonable utilize any base flood elevation and floodway data available from a federal; state or other source in order to administer the provisions of this ordinance. 2. Conduct inspections of all development in the Meridian Floodplain Overlay District in coordination with the designated. Building Official to ensure that the provisions of the Flood Damage Prevention Ordinance are met. 3. Notify adjacent communities and the State Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. 4. Maintain the following information for public inspection: a. Floodplain Development Permit Applications and attachments. b. Results of hydraulic studies as required by this chapter, c. No Rise certificates as required by this chapter. d. Flood -proofing certificates. e. Any other documents pertaining to the provisions of this chapter. 5. Make interpretations where needed, as to specific location of the boundaries of the Special Flood Hazard Area or Meridian Floodplain and Floodway Overlay Districts (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). D. Appeals and Variances: 1. Appeal and Variance Procedures: a. The City Council shall hear and decide appeals and requests for variances from the requirements of this Chapter. b. The City Council shall hear and decide appeals when .it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the o enforcement or administration , f this Chapter. The Floodplain Administrator and applicant shall consult with the City Engineer prior to appealing to City Council, c. Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the Fourth Judicial District Court, Ada County, Idaho, pursuant to Idaho Code chapter 52, title 67. MERIDTANFLOOD DAMAGE PREVENTION. ORDINANCE PAGE 9 of 15 Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: $B PROJECT NUMBER: H-2016-0033 ITEM TITLE: Volterra Subdivision Public Hearing for Volterra Subdivision (H-2016-0033) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Amend the Recorded Development Agreement (Instrument #106034786, Amended as Instrument #11 101393) to Allow Right Out Only Access to N. Ten Mile Road for the Office Lots Approved with the Volterra South Subdivision MEETING NOTES (' Oy-) I-', n. v -e cA +c�, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS d. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter; and (l.) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to. life and property due to flooding; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding; (7) The compatibility of the, proposed use with existing and anticipated. development; (8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action; if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; and streets and bridges. e. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 2. Conditions For Variances: a. Variances shall not be issued within the Meridian Floodway Overlay District if any increase in flood levels during the base flood discharge would result. b. Variances shall only be issued upon; (1) A showing of good and sufficient cause; Reasons that do not constitute good and sufficient cause include; loss of property value, inconvenience to the property owner, or lack of funding to comply. MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE PAGE 10 OF 15 Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 8C PROJECT NUMBER: H-2016-0038 ITEM TITLE: Waltman Property Public Hearing for Waltman Property (aka Browning Plaza) (H-2016-0038) by SLN Planning/Boise-Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane Request: Modification to the Development Agreement to Remove the Requirement (#5.1.8) for Corporate Drive to be Extended North of the Site from the Ten Mile Creek South to Waltman Lane MEETING NOTES Cr�r� t1 U. f c 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: April 26, 2016 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Art and Culture Update Art and Culture Update: Update on Public Artwork at Fairview Avenue and Main Street MEETING NOTES W 1�a-V �,-A t ,A��� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Concept Natives Rye Grass bluebunch wheatgrass Fescue bluegrass Abstract Natural Grasses & wheat of the region. Each grouping of three is a 12- 15 -foot tall bunch. There would be a combination of any three designs spread around the site in the corner of the intersection. With this concept the commission can choose any 3 designs. Since the budget does not allow for all parts made of stainless steel, we would use a mix of materials. Either we make the stems out of stainless or the leaves, both options are represented in the designs above but open to be changed for any of the designs. --••-- --- - - - - �� �?..... ---- - .:� ° ... .......... ........... .� Vis.-- �;:.,,::'" ... -- Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Parks and Recreation Department: Parks and Recreation Department: Request for Approval of AIA Agreement Between the City of Meridian and The Land Group Regarding 77 -Acre Park Design Services for a Not -to -Exceed Amount of $641,726.94 MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS attached exhibit, the terns and conditions of the C 103---2015, Standard form Agreement between Owner and Consultant shall take precedence. § 11.2 This Agreement is comprised of the following documents listed below: .1 AIA Document C103T"t-2014, Standard Dorm of Agreement Between Owner and Consultant. .2 (Paragiraphr Mete(t) Scope of Services Exhibit(s) listed in section 2,1 This Agreement entered into as of the day and year first written above. I- OWNER -ria are) Tamm e N eerd, Ma or (Printed nanfc and title) CONS TA (Sibmilitre) Doug Russell, V1' (Printed iwine oral tille) Init. AIA Documsnt C103"' — 2016. Copydght 02015 by The American Institute o1 Architects. All rights reserved. WARNING: This AW, Doc urn otit Is protected by U.B. Copyright Law and international Treaties. Unauthodzed reproduction or distributlon of this AtA'I` 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 t at 16;0710 on 04/20/2016 under Order No.5666627302_1 which expires on 04120/2017, and is not for resale. User Notes: ( 1111830840) Meridian City Council Meeting DATE: April 26, 2016 PROJECT NUMBER: ITEM TITLE: Finance/Human Resources Finance/Human Resources: Direction/Guidance on Presentations on: Compensation Plan, Health Care Benefit Projections, and Allowable 3% Property Tax Projections for FY2017 MEETING NOTES —� cid f av v : e /01�4sk-e'- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 9D PROJECT NUMBER: ITEM TITLE: Community Development Community Development: Meridian/McMillan Intersection Configuration 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 Me r i d i a n / M c M i l l a n In t e r s e c t i o n Ea s t b o u n d We s t b o u n d He r i t a g e M S Bi k e l a n e d o e s n o t ex i s t e a s t o f h e r e Re q u e s t : S e n d l e t t e r t o A C H D as k i n g t h e m t o r e m o v e b i k e l a n e in t h e i n t e r i m u n t i l i n t e r s e c t i o n i s re - b u i l t . Honorable Tammy de Weerd -- Mayor Meridian City Hall 33 E. Broadway Avenue, Suite 300 Meridian, ID 83642 12/19/2015 I wish to thank you for viewing this email of the design of the McMillan–Meridian Road intersection. I am concerned that the East to West travel at that intersection is hazardous. I have contacted KTVB, KBOI, ACHD, Governor Butch otter, Lieutenant Governor, Brad Little about this hazardous intersection when driving on McMillan East to West through the intersection. In day light it possibly works well during day light. but at night it is difficult to see that the lane of travel is displaced about six feet to the right. When you review those attached pictures, one can see that the vehicles traveling west drive in the bicycle lane to avoid that concrete turn barrier. Further, examination of the turn barrier has marks from vehicles its full length. There is no linage to alert drivers to move to the right before crossing Meridian Road to avoid the hazard. One of my suggestions is to stripe the east approach to the intersection to alert drivers to move to the right to avoid the east bound turn barrier or bring that intersection up to standards ASAP By the way, I a retired Safety Engineer. I sincerely hope that you can assist me in getting the hazardous condition at this intersection corrected. Thank you. GERRY DIFFENDAFFER The following caused me to notify as many agencies about this intersection and get results. On 12-13-2015 about 6:00pm, I was driving west on McMillan road centered in the westbound lane. It was a dark, cold rainy evening. Under a green light, I crossed the intersection while checking cross traffic, and BAM!!! My vehicle struck the eastbound turn-lane divider and rubber poles. A loud noise emanated from the concrete and rubber poles. Then the car slewed to the right off the divider into a muddy field. I tried to keep the car moving through the mud in order to get back on the road, but crashed through a 4 x 8 sign, jumped a 4 foot wide hole, and stopped in deep, wet mud six feet short of the shoulder of McMillan road headed southwest. Police were called and a tow truck was required to get the car out of the mud. My vehicle sustained damages over $2000.00. It is not drivable either. I am attaching pictures of that intersection showing the 6-foot jog to the right required to negotiate the intersection when traveling West. Please notice that the eastbound left turn lane is displaced to the right 5-6 feet into the west bound lane. The pictures clearly show that westbound vehicles must travel in the bicycle lane in order to maneuver the jog. An inspection of the eastbound concrete turn-lane divider reveals that multiple cars have hit the divider along its full length. I believe that except for the fact that cars must use the bicycle path to maneuver, the intersection configuration may work fairly well in daylight but not on a dark and rainy night. The intersection is not lighted properly either. Additionally, the centerline painted on the road gives no indication to drivers that they must adjust to the right in order to avoid the west bound turn barrier. The center line linage will lead a driver into that barrier. From: G L Diffendaffer [ mailto:gerrydfndfr@cableone.net ] Sent: Tuesday, January 05, 2016 10:05 AM To: Peggy Gardner Subject: RE: Bad design of McMillan Meridian Intersection ACHD in my Email on January 23 accepts that there is a problem with the intersection. "Per your request, this email is to let you know that we will be installing additional pavement markings for the eastbound and westbound through movements at the McMillan and Meridian Rd intersection. This will be in the form of white "tracking" marks to help guide motorists. We will also be installing a 36" tall yellow delineator at the nose of the median on the west leg of the intersection to supplement the existing 18" tall delineator. All work is weather permitting, but as soon as the pavement dries and warms a bit we should be able to make the changes." This is a paint overhaul. During daylight the improved lane striping may work well but not at night or in deep snow. I have talked to many that know about the problem. My extensive safety experience taught me to not set a trap for someone else as ACHD engineering will do with this quick fix. Don't fiddle with the problem. Permanently Fix it. Gerald L Diffendaffer Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 9E u: _ ITEM TITLE: Community Development Department Community Development Department, Planning and Building Services Division Report: Detached Accessory Structures 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: April 26, 2016 ITEM NUMBER: 9F ITEM TITLE: Community Development Department Community Development Department, Planning Division Report: Processes and Standards for Parklets in Downtown Core MEETING NOTES C a k e- b +Ac:�A Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 9G PROJECT NUMBER: ITEM TITLE: Community Development Community Development: Second Amendment and Addendum to August 7, 2012 Master License Agreement with Ada County Highway District for Regulation and Maintenance of Sidewalk Facilities in the Greater Downtown Area MEETING NOTES k 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: And 26, 2016 ITEM NUMBER: 9H PROJECT NUMBER: ITEM TITLE: Legal Department: Legal Department: Continued Discussion Regarding Proposed Ordinance Repealing Request for Reconsideration and Reenacting as a Procedure for Request for Reconsideration 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: April 26, 2016 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Ordinance No. : Repealing Meridian City Code Section 10- 1-3(G), Regarding Building Permit Exemption For Detached Accessory Structures MEETING NOTES v 0,CCAe-A Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING MERIDIAN CITY CODE SECTION 10-1-3(G), REGARDING DETACHED ACCESSORY STRUCTURES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, item 1 of the "Building" subsection of International Residential Code (IRC) section R 105.2 exempts from permitting requirements "One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet"; and WHEREAS, the City of Meridian had previously adopted a local amendment to this IRC provision. that requires that accessory structures must be both less than 200 square feet in floor area and eight feet or less in height in order to be exempt from permitting; and WHEREAS, the height restriction has become outdated by changes in standard heights of pre- fabricated accessory structures; and WHEREAS, IRC section R105.2 adequately protects the public health, safety, and welfare, without reference to height and without further local amendment; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 10-1-3(G) is hereby repealed. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective irmnediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, on April , 2016. APPROVED by the Mayor of the City of Meridian, Idaho, April , 2016. APPROVED: Tammy de Weerd, Mayor ATTEST: Jacy Jones, City Clerk REPEALING LOCAL AMENDMENT OF IRC SECTION R 105.2 PAGE I OF 21 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16 - AN ORDINANCE REPEALING MERIDIAN CITY CODE SECTION 10-1-3(G), REGARDING DETATCHED ACCESSORY STRUCTURES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: Jacy Jones, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 16 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 16 - of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901 A(3). DATED this day of , 2016. William. L.M. Nary City Attorney REPEALING LOCAL AMENDMENT OF IRC SECTION R 105.2 PAGE 2 OF 21 Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Ordinance No. I �o - I t0 � 1A : Updates To City Code Provisions Regarding Citizen's Use Permit Application And Mobile And Promotional Sales Units On Downtown Sidewalks 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 ORDINANCE NO. l �0- - 1 ( W y BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-4-4(D), ADDING THE PLANNING DIVISION MANAGER TO THE CITIZEN'S USE PERMIT WORKFLOW; AMENDING MERIDIAN CITY CODE SECTION 8-1-4(D)(4), ALLOWING MOBILE SALES UNITS IN THE DOWNTOWN CORE SIDEWALKS' STREET FURNISHING ZONE ONLY WITH WRITTEN CONSENT FROM ABUTTING PROPERTY OWNER; DELETING MERIDIAN CITY CODE SECTION 3-4-3(C)(3)(D), ELIMINATING REQUIREMENT THAT VENDORS IN DOWNTOWN CORE SIDEWALKS' USE ZONE OBTAIN TEMPORARY USE PERMIT FOR PROMOTIONAL SALES UNIT; DELETING MERIDIAN CITY CODE SECTION 8-1-3(E)(1), LISTING PROMOTIONAL SALES AS AN ENCROACHMENT SPECIFICALLY ALLOWED IN THE USE ZONE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian's Temporary Use Permit provides a process by which outdoor sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses; and WHEREAS, the City of Meridian's Use Zone Encroachment Permit and Street Furnishing Zone Sublicense provides a process by which the City regulates the size, placement, operation, and maintenance of movable and non-movable structures and objects upon the sidewalks in the greater downtown Meridian area, in accordance with the terms and provisions of its August 7, 2012 license agreement with Ada County Highway District ("ACHD"); and WHEREAS, the changes to Meridian City Code set forth herein are intended to clarify and improve the processes and standards established for promotional sales units, encroachments in the Use Zone, and encroachments in the Street Furnishing Zone, as well as eliminate potential overlap of inconsistency in administration of such processes; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 3-4-4(D) is hereby amended to read as follows. D. City Clerk Responsibilities: Upon receipt of all application materials required by this section, the city clerk shall: 4. R ev refer such application to the police chief, the fire chief, the planning division manager, and the mayor for their review and recommendation regarding approval or denial of the application. The police chief, the fire chief, the planning division manager, and the mayor shall recommend approval of such application absent a finding that the proposed activity or event would be harmful to the public health, safety, or welfare. 2. Submit eeuftesy eepies of the Vplimeation to the Ada County 7 CLARIFICATION OF TEMPORARY USE PERMIT FOR PROMOTIONAL SALES, USE ZONE ENCROACHMENT PERMIT, AND STREET FURNISHING ZONE SUBLICENSE REQUIREMENTS PAGE 1 OF 3 Section 2. That Meridian City Code section 8-1-4(D)(4) is hereby amended to read as follows. D. Street Furnishing Zone Encroachments Allowed With A Sublicense: The following encroachments may be allowed in the street furnishing zone under a streetscape sublicense and pursuant to the standards therefor as set forth in the city of Meridian improvement standards or other provisions of law: 1. Permanent streetscape improvements. 2. Newspaper boxes. 3. Delivery service drop boxes. 4. Mobile sales units, only with written consent of the abutting propertyowner. 5. Awnings and balconies attached to a building, as allowed and permitted by all applicable provisions of titles 10 and 11 of this code. Section 3. That Meridian City Code section 3-4-3(C)(3)(D) is hereby deleted. Section 4. That Meridian City Code section 8-1-3(E)(1) is hereby deleted. Section 5. That this ordinance shall be effective immediately upon its passage and publication. Avv',1 PASSED by the City Council of the City of Meridian, Idaho, on lb-fty olio , 2016. (tpr'l APPROVED by the Mayor of the City of Meridian, Idaho, on Mtty ap, 2016. CLARIFICATION OF TEMPORARY USE PERMIT FOR PROMOTIONAL SALES, USE ZONE ENCROACHMENT PERMIT, AND STREET FURNISHING ZONE SUBLICENSE REQUIREMENTS PAGE 2 OF 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16 - AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-4-4(D), ADDING THE PLANNING DIVISION MANAGER TO THE CITIZEN'S USE PERMIT WORKFLOW; AMENDING MERIDIAN CITY CODE SECTION 5-1-4(D)(4), ALLOWING MOBILE SALES UNITS IN THE DOWNTOWN CORE SIDEWALKS' STREET FURNISHING ZONE ONLY WITH WRITTEN CONSENT FROM ABUTTING PROPERTY OWNER; DELETING MERIDIAN CITY CODE SECTION 3-4-3(C)(3)(D), ELIMINATING REQUIREMENT THAT VENDORS IN DOWNTOWN CORE SIDEWALKS' USE ZONE OBTAIN TEMPORARY USE PERMIT FOR PROMOTIONAL SALES UNIT; DELETING MERIDIAN CITY CODE SECTION 5-1-3(E)(1), LISTING PROMOTIONAL SALES AS AN ENCROACHMENT SPECIFICALLY ALLOWED IN THE USE ZONE; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: Jacy Jones, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 16- _ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 1.6 - of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901 A(3). DATED this day of , 2016. William. L.M. Nary City Attorney CLARIFICATION OF TEMPORARY USE PERMIT FOR PROMOTIONAL SALES, USE ZONE ENCROACHMENT PERMIT, AND STREET FURNISHING ZONE SUBLICENSE REQUIREMENTS PAGE 3 OF 3 Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 10C PROJECT NUMBER: ITEM TITLE: Continued from April 12, 2016: Ordinance No. I LP �b An Ordinance Repealing and Reenacting Title 1, Chapter 7, Section 10, Meridian City Code, Repealing Request for Reconsideration and Reenacting as a Procedure for Request for Reconsideration; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. 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 ORDINANCE NO. � �0 - 16 S -5 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE REPEALING AND REENACTING TITLE 1, CHAPTER 7, SECTIONS 10, MERIDIAN CITY CODE, REPEALING REQUEST FOR RECONSIDERATION AND REENACTING AS PROCEDURE FOR REQUEST FOR RECONSIDERATION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; the Idaho Code in Title 67, Chapter 65 et.seq, commonly referred to as the Local Land Use Planning Act (LLUPA) establishes the framework for local jurisdictions to make all land use decisions within their jurisdiction; and WHEREAS; LLUPA establishes a limited right to request reconsideration of a land use decision; and WHEREAS; Meridian City Code had previously established a request for consideration criteria and procedure that is now preempted by the Idaho Code; and WHEREAS; the Idaho Code allows City's to establish their own process on how request for reconsideration can be heard by the City Council; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 1, Chapter 7, Section 10 is hereby repealed and reenacted as follows: 1-7-10: PROCEDURE FOR REQUEST FOR RECONSIDERATION: A. Pursuant to Idaho Code 67-6535 (Local Land Use Planning Act) regarding a request for reconsideration of a City Council land use decision the following procedure must be strictly followed: 1. After final approval of the findings of facts, conclusions of law, decision, and order, the appellant, who may be any applicant or affected person, as defined by Idaho Code, may request reconsideration of the final decision of the City Council. 2. Such request must be in writing and filed with the City Clerk within fourteen (14) days of the final approval. 3. The request must identify specific deficiencies in the decision for which reconsideration is sought. 4. If the request is properly filed and meets the requirement of identifying specific deficiencies in the land use decision, the City Council shall schedule the matter to be heard at a regularly scheduled meeting of the City Council. PROCEDURE FOR REQUESTS FOR RECONSIDERATION - TITLE 1, CHAPTER 7, SECTION 10 PAGE 1 OF 3 5. Notice will be provided to appellant when the request will be scheduled to be considered. 6. No additional evidence or testimony will be allowed at the City Council meeting. 7. At the City Council meeting, the Council shall consider the written request and may affirm, reverse, or modify its decision, after compliance with the applicable procedural standards. 8. If necessary, the Council may direct a new public hearing and all the procedures and notices that are necessary will be done prior to a new public hearing. 9. A written decision shall be provided to the appellant within sixty (60) days of the request. MWAINA MINN. S!Sis9� W1 yMii.�w-�l�IR.-J\3.1\t lR•\\.�..19 \!l _f�A l!\.�n�\� 17\\\\\\\9lsi .\ Section 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PROCEDURE FOR REQUESTS FOR RECONSIDERATION - TITLE 1, CHAPTER 7, SECTION 10 PAGE 2 OF 3 PASSED by the City Council of the City of Meridian, Idaho, this_61L day of 2016. (� APPROVED by the Mayor of the City of Meridian, Idaho, this -&-L day of C\ "- ' \ _, 20:16. TEOA&, ATTEST: Tammy e W erd, MayorANO n SEAL 4 Y'- Jacy Jon s, City Clerk PROCEDURE FOR REQUESTS FOR RECONSIDERATION - TITLE 1, CHAPTER 7, SECTION 10 PAGE 3 OF 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16 - An Ordinance of the City of Meridian Repealing and Reenacting Title 1, Chapter 7, Section 10, Meridian City Code, Repealing Request for Reconsideration and Reenacting as Procedure for Request for Reconsideration; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. City of Meridian Mayor and City Council By: Jacy Jones, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902: YES NO Second Reading: Third Reading: _ STATEMENT OF MERIDIAN CITY ATTORNEY .AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 15 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 16- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50- 901A (3). DATED this day of April, 2016. William. L.M. Nary City Attorney PROCEDURE FOR REQUESTS FOR RECONSIDERATION - TITLE 1, CHAPTER 7, SECTION 10 Meridian City Council Meeting DATE: April 26, 2016 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics 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: April 26, 2016 ITEM NUMBER: 12 PROJECT NUMBER: ITEM TITLE: Executive Session Per Idaho State Code 74-206 Executive Session Per Idaho State Code 74-206 (c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency 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