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HomeMy WebLinkAbout2016-06-28014 E IDIAM�_� CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, June 28, 2016 at 6:00 PM 1. Roll -Call Attendance _ Anne Little Roberts _ Joe Borton Ty Palmer X Keith Bird Genesis Milam ® Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation with Rod Enos with Southside Christian Center 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Professional Service Agreement for Artwork for Traffic Box Art Project - Bonnie Peacher B. Professional Service Agreement for Artwork for Traffic Box Art Project - Brian Schreiner C. Professional Service Agreement for Artwork for Traffic Box Art Project - Karyn deKramer D. Construction Agreement for the Five Mile Relief and Water Line Replacement at 8th Street Park Project with Granite Excavation for the Not to Exceed Amount of $815,927.38 Moved to item 7: Items Moved from the Consent Agenda. E. Ustick Road, Linder to Locust Grove Cost Share Agreement with the Ada County Highway District F. Modified Development Agreement for Meridian Property Group (H-2016- 0004) with Eddy Christensen, located at 1065 and 1139 E. Fairview Avenue Meridian City Council Meeting Agenda Tuesday, June 28, 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. in the NE 1/4 of Section 07, Township 3N., Range 1 E (Parcel S1107120620 & S1107120650) G. Findings of Fact, Conclusions of Law for Volante Investments (H-2016- 0056) By Volante Investments LLLP Located at 2600 & 2700 E Overland Road H. Resolution No. 16-1148: A Resolution of the Mayor and City Council of the City of Meridian Reappointing Ryan Lancaster to Seat 9 and Appointing Brent Knezacek to Seat 8 of the Meridian Transportation Commission; and Providing for an Effective Date. 6. Community Items/Presentations A. Presentation by the Allumbaugh House B. Mayor's Office Budget Amendment for the Allumbaugh House/Crisis Center Contract in the Not -to -Exceed Amount of $3,503.00 Approved 7. Items Moved From the Consent Agenda A. Moved from the ConsentAgenda: Construction Agreement for the Five Mile Relief and Water Line Replacement at 8th Street Park Project with Granite Excavation for the Not to Exceed Amount of $815,927.38 8. 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. Public Hearing Continued from May 24, 2016 for Browning Plaza (H-2016- 0008) by SLN / Boise -Waltman, LLC Located 505, 521, 615 and 675 Waltman Lane 1. Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat Continued to August 23, 2016. The aplicant will be required to re -notice B. Public Hearing Continued from May 24, 2016 for Waltman Property (aka Browning Plaza) (H-2016-0038) by SLN Planning/Boise-Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane Meridian City Council Meeting Agenda Tuesday, June 28, 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. 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 Continued to August 23, 2016. The applicant will be require to re -notice C. Public Hearing for Harmony Hills Assisted Living (H-2016-0061) by Brian Carlisle Located 1521 and 1529 S. Tech Lane 1. Request: Amend the Recorded Development Agreement (DA) (Instrument #108119853) for the Purpose of Incorporating a New Concept Plan, Building Elevations and Certain Provisions of the Development Agreement Continued to July 19th D. Public Hearing for TM Creek (H-2016-0067) by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road 1. Request: Modification to the Development Agreement for TM Creek to Remove the Requirement for the Final Plat to be Recorded Prior to Applying for Building Permits Approved E. Final Plat for Bainbridge Park Subdivision for (H-2016-0070) by Brighton Development Generally Located South of West Chinden Blvd and West of North Ten Mile Road 1. Request: A Final Plat Consisting of 52 Building Lots, Seven (7) Common Lots and One (1) other Lot on 22.78 Acres of Land in the R- 8 Zoning District by Brighton Development Continued to July 5, 201 F. Public Hearing Continued from June 21, 2016 for Brundage Estates (H- 2016-0001) by L.C. Development, Inc. Located East of S. Linder Road Between Victory and Amity Roads 1. Request: Preliminary Plat Consisting of 366 Building Lots, 20 Common Lots and 1 Other Lot on 136.63 Acres of Land in an R-4 Zoning District Continued o July 19, 2016 G. Final Plat Continued from June 21, 2016 for Isola Creek No. 4 (H-2016-0050) by Isola Creek, LLC Located North Side of W. Ustick Road and East Side of N. Ten Mile Road Meridian City Council Meeting Agenda Tuesday, June 28, 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. 1. Request: Final Plat Approval Consisting of Forty -Five (45) Single Family Residential Building Lots and Four (4) Common Lots on Approximately 28.02 Acres in the R-4 Zoning District Continued to July 5, 2016 9. Department Reports A. Continued from June 21, 2016: Parks and Recreation Department: Bellano Creek Neighborhood Park Design and Naming Request Motion approved to accept the naming request and rename Bellano Creek Neighborhood Park to Reta Huskey Neighborhood Park B. Continued from June 21, 2016: Parks and Recreation Department: Bainbridge Neighborhood Park Design 10. Ordinances A. Ordinance No. 16-1698: An Ordinance (H-2016-0004 Meridian Property Group) of the Mayor and City Council of the City of Meridian Granting Annexation and Zoning for a Parcel of Land as Shown on that Record of Survey No. 7426, Recorded Under Instrument No. 106095763, Ada County Records Also Being a Portion of the Northwest Quarter (NW1/4) of the Northeast Quarter (NE '/4) of Section 7, Township 3 North, Range 1 East, Boise, Ada County, Idaho, as Described in Establishing and Determining the Land Use Classification of said .062 acres more or less from R1 M to C- G (General Retail and Service Commercial) District, in the Meridian City Code; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved 11. Future Meeting Topics FA:s a *� , Meridian City Council Meeting Agenda Tuesday, June 28, 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 June 28, 2016 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, June 28, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Genesis Milam, Ty Palmer, and Luke Cavener. Member Absent: Joe Borton and Anne Little Roberts. Others Present: Ted Baird, Jacy Jones, Bruce Chatterton, Sonya Watters, Bill Parsons, Warren Stewart, Jeff Lavey, Jamie Leslie, Perry Palmer, Mike Barton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. __ Anne Little Roberts _ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: I'm going to go ahead and start tonight's meeting by first welcoming those that are in attendance. Thank you for joining us. For the record it is Tuesday, June 28th. It's 6:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation with Rod Enos with Southside Christian Center De Weerd: Item No. 3 is our community invocation. If you will all join us in our community invocation, along with Pastor Rod Enos with the Southside Christian Center. Please come forward. We would ask you to join us or take this as an opportunity for moment of reflection. Thank you, Pastor Rod, for being here. Enos: Thank you. Please join me in prayer. Father God, we thank you for this evening and we acknowledge you, because you are the Sovereign God and you rule and reign in the affairs of men. We acknowledge you with t hanksgiving for the wonderful community that you've allowed us to live in. Thank you for the Meridian City Council June 28, 2016 Page 2 of 39 freedom that we enjoyed in this great nation. Thank you for the men and women who have fought for our freedom and we thank for these men and women who are your servants and the servants of this community who have dedicated themselves to serve for the welfare of this community. Father, we acknowledge our need of you. We need your wisdom. We need your guidance, your discernment, so that we could lead well. We pray this evening that you would grant our Honorable Mayor Tammy and the City Council your wisdom and guidance and direction in this meeting as they lead our community. We pray your blessing and your favor to continue to rest over our community. We pray for your protection and provision for each individual and each family. Lord we ask your forgiveness where we have not loved you with all of our hearts, nor loved our neighbors as ourselves as you have commanded. We pray, Lord, that you would give us grace to do that and to live our lives in a manner worthy of you to honor you always. We ask this in Jesus' name, amen. De Weerd: Pastor Rod, have I given you a City of Meridian pin? Enos: I don't think you have. De Weerd: I would like to offer that to you tonight and thank you for joining us. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item 5-B has been asked by staff to be moved to 7-D off the Consent. And Item 5-H, the resolution number is 16-1148. Item 8-A and 8-B have been requested to be continued to August 23rd, 2016. Item 8-C has been requested to continue to July 19th. It was noticed wrong. And Item 8-E has been asked to continue to July 5th, 2016, and 10-A, the ordinance number is 16-1698. With that I move we approve the amended agenda. Cavener: Second. De Weerd: I have a motion and a second to approve the amended agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Consent Agenda Meridian City Council June 28, 2016 Page 3 of 39 A. Professional Service Agreement for Artwork for Traffic Box Art Project - Bonnie Peacher B. Professional Service Agreement for Artwork for Traffic Box Art Project - Brian Schreiner C. Professional Service Agreement for Artwork for Traffic Box Art Project - Karyn deKramer E. Ustick Road, Linder to Locust Grove Cost Share Agreement with the Ada County Highway District F. Modified Development Agreement for Meridian Property Group (H-2016- 0004) with Eddy Christensen, located at 1065 and 1139 E. Fairview Avenue G. Findings of Fact, Conclusions of Law for Volante Investments (H-2016- 0056) By Volante Investments LLLP Located at 2600 & 2700 E Overland Road H. Resolution No. 16-1148: A Resolution of the Mayor and City Council of the City of Meridian Reappointing Ryan Lancaster to Seat 9 and Appointing Brent Knezacek to Seat 8 of the Meridian Transportation Commission; and Providing for an Effective Date. De Weerd: Okay. Item -- under our Consent Agenda -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Under the Consent Agenda, as sated earlier, 5-D has been moved to 7-D. And 5-H, the resolution number is 16-1148. And with that I move we approve that agenda for the -- the Consent Agenda and the Mayor to sign and the Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, absent. De Weerd: All ayes. Meridian City Council June 28, 2016 Page 4 of 39 MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 6: Community Items/Presentations A. Presentation by the Allumbaugh House B. Mayor’s Office Budget Amendment for the Allumbaugh House/Crisis Center Contract in the Not-to-Exceed Amount of $3,503.00 De Weerd: Item 6-A is under our Community Presentations and we have some of our experts from the Allumbaugh House to talk with you about Allumbaugh House, but probably equally as important is the crisis center that the new project will be moving towards. So, Diana, I'm going to turn this over to you. Lachiondo: Thank you very much. Hi, Madam Mayor, Council Members. My name is Diana Lachiondo. I'm the director of Community Partnerships for the city of Boise. Today I'm joining you as the chair of the professional resource committee that is a group who meets regularly to work on Allumbaugh House. Today -- De Weerd: So, you drew the short straw and getting the honor to present. So, thank you for doing that. Lachiondo: I also have with me here Heidi Hart, who is the CEO of Terry Reilly Health System and Cindy Miller, who is the director of Allumbaugh House and as I will explain here shortly, Terry Reilly is the operator of Allumbaugh House. So, we are going to talk about a specific item today, but Mayor de Weerd and I discussed taking this opportunity to actually update you on the work of Allumbaugh House, give you some history, as some of you may or not have been here when Allumbaugh House was conceived of and got started. Talk about the crisis center opportunity and, then, the specific request that the joint powers entity that governs Allumbaugh House has for all the entities who were a part of Allumbaugh House, including the City of Meridian. So, to get started, Allumbaugh House is our regional detoxification and crisis mental health facility. It is very unique in that it is jointly governed and funded by Idaho Health and Welfare, Boise, Meridian, the Boise City Ada County Housing Authority and Ada County. It also receives additional support from St. Alphonsus and St. Luke's. Terry Reilly Health System serves as the operator of the facility and when I say that's unique, I don't know of many, although there are a few other times where we all come together and jointly work on these types of projects and so it's a real honor to be able to work with Mayor de Weerd and Meridian and all of the other entities on this effort. Some history of how this got going. Really more than a decade ago there was what I would call a human cry in this community for the need for detoxification and sobering services for persons who lacked health Meridian City Council June 28, 2016 Page 5 of 39 insurance. So, if a person is in need of some kind of detox service and they happen to have health insurance, they're able to access one of the private facilities in the Treasure Valley. However, if they do not have health insurance there really was no place for them to go and they were often spending time either in the jail or in one of our hospital systems. Similarly, our law enforcement officers were and continue to struggle with finding the appropriate place to place people who may not necessarily be a danger to themselves, but can't be really left alone and so they're spending time either at the ER or the jail. A steering committee was formed in 2005 after a lot of heavy lifting, a lot of work, Allumbaugh House opened in 2010. You have in front of you our most recent annual report. Since 2010 Allumbaugh House has served more than 4,000 patients and I believe it's on page four that you will note the significant cost savings that Allumbaugh House has been able to achieve. You'll notice the differential between a detoxification stay at Allumbaugh House versus what one of those stays would accrue in cost at, for example, one of our health systems. But for all the great work that Allumbaugh House has been able to do, there have been some challenges. Availability of resources -- as city councilors you know trying to manage budgets is always a challenge. Due to the availability of resources we had to close the sobering station part of Allumbaugh House and I was not actually here for this, but the best I can explain -- and, Mayor de Weerd, feel free to jump in, we opened Allumbaugh House with the money that we had and so there was a real commitment to try and do all the things that were needed in the community, including both detox and mental health services, as well as that 24/7 sobering station. Unfortunately, we never quite had enough money to really do it all and it became very difficult for law enforcement to not know if Allumbaugh House was going to be open during a certain period of time or not. So, it really ended up becoming more of an impediment than a help for law enforcement. So, unfortunately, we had to close the sobering station, knowing that at some point in the future we were going to look at being able to reopen that piece and I'm going to get to how we are going to hopefully achieve that here real soon. The other challenge I would say, as we look at what's going on with Allumbaugh House, we are seeing an upward trend in homeless patients, which is a part of another group that's convening -- about 50 percent of the clients at Allumbaugh House right now are homeless and it's very difficult for them to maintain sobriety if they are going right back out onto the street. So, we have a new opportunity before us, which is a community crisis center. I'm going to tell you how this came about, what's the scoop with that crisis center, and the progress to date in 2014 Governor Otter proposed three crisis centers. One was eventually funded by Joint finance and Appropriations Committee and it was determined that it should be placed in Bonneville County. The idea for these crisis centers really is pretty much exactly what we talked about from the beginning, an alternative to the jail and the ER, especially for law enforcement or paramedics, a safe place for people to go that's not nearly as expensive for the community. Also an opportunity for walk-ins, potentially, to come in and receive some immediate crisis services. Kootenai County was funded in 2015 by the Idaho legislature and just this past session the legislature found a way to Meridian City Council June 28, 2016 Page 6 of 39 appropriate funding for both Ada County and Twin Falls County. So, when we look at what a crisis center is supposed to achieve, it's a 24/7 facility with 365 days of operation. It is a voluntary outpatient facility, so you can't be required to go there, but, for example, if you're choosing between jail and the crisis center it might seem like a better choice for some. They are forced to -- or supposed to be implementing the IDAPA rules, which Cindy and Heidi can explain better than I, but all health systems have certain rules they need to meet to achieve different statuses and really the best practices per the Idaho Health and Welfare guidelines. The board of directors needs to include at least either a health consumer, a physician, law enforcement, and a county commissioner and after two years there needs to be a plan in place for 50 percent funding. I am not here today to talk to you about that plan and there will be no requirement at this point to sign onto anything about what I'm going to be talking to you about, but I wanted to make sure to let you know that is something the state is talking about. So, to date the Professional Resource Committee and Terry Reilly completed a community assessment of needs last summer. Essentially, we took a look at what Allumbaugh House was currently doing, what a crisis center was designed to do and what were the gaps in the community and while a crisis center does not meet every need that's out there, it certainly is a gap that's waiting to be filled. The JPE, which is the -- that joint powers entity that governs Allumbaugh House, approved accepting the crisis center. It also approved utilizing Terry Reilly as an operator and utilizing it in that existing sobering station. The joint powers entity felt that there was significant efficiencies and potentially cost savings to be achieved by co-locating in that same facility. And the joint powers entity approved hiring a facilitator or project manager to help get us to opening and that's really what -- the piece that I need to talk you about today. So, what the JPE is looking for is a project manager who can do the stakeholder and community outreach over really the next six months to get us to opening. This position will do that outreach, engage the meetings and work on business plan development with the operator and the goal is to have a third party who can be a really neutral entity to hear from all sides what we are expecting out of a community crisis center and to work with Terry Reilly, then, to take that to implementation. There is a lot of general ideas about what a community crisis center should -- could be, but it's going to be very important to gather all of that information to have that ongoing communication and make sure we have a shared vision going forward. So, two joint powers entity meetings ago the group came up with an idea for how we could collectively fund a third-party facilitator, project manager, and it was based on current Allumbaugh House contributions, less Idaho Health and Welfare, because they are funding the crisis center. As you can see on this column on the left here, you have the current contributions of Ada County on the way down. Meridian is currently contributing a little over 57,000 a year to the -- to Allumbaugh House. That's a percentage of about 5.8 percent. We've gone ahead and produced the scope of work for what the facilitator will be doing and shop that around to potential facilitators and project managers in the community. Based on that we are thankful for staff time and some of the meetings that are going to need to be held. We are looking at about Meridian City Council June 28, 2016 Page 7 of 39 a 60,000 dollar contract to get that off the ground. So, what I'm here today to talk to you about is a little over 3,500, which would be Meridian's contribution to that project manager. This is a one-time request. There is no ongoing need. The goal is to get this moving and, then, Terry Reilly will take over as the operator going forward. So, with that, obviously, I will stand for any questions and if you have specific clinical questions that I cannot answer, my lovely colleagues are behind me to help out. De Weerd: Thank you, Diana. And I know that I had also asked Chief Lavey to -- to maybe make some remarks on -- from the law enforcement side of things how Allumbaugh House and how law enforcement see our interaction with the crisis center and I appreciate Sheriff Bartlett for being here as well. Lavey: Madam Mayor, Council. I think Diana has already pretty much covered it. This has been a long process with Allumbaugh House and with the crisis center. Allumbaugh House -- she covered the needs that are out there. She covered some of the struggles we have dealt with. With the sobering stations, our process with the police department was we need a 24/7 facility. A 24/7 facility costs a lot of money and so they had to reprioritize their needs based on the budget. For several years now Ada County has been trying to get one of these crisis centers and we, essentially, were third in line and although we have a great need here in the valley because of the population, there was an even greater need with less resources in other parts of the state, so we are pretty fortunate that we were finally selected for this. Law enforcement is a big supporter of this crisis center. It's been said that it's not the catch all, it's -- it's not going to cover all of our needs, but it's definitely going to give a resource to her at risk residents and it's going to give the officers another tool in their tool chest that we currently don't have. So, we wholeheartedly encourage you to support this and approve the 3,500 dollars and I stand for any questions. Cavener: Madam Mayor? De Weerd: Thank you, chief. Yes, Mr. Cavener. Cavener: Chief, have you seen the scope of work that they have drafted up? Have you had a chance to review that and provide any comments? Lavey: I have not read the entire document, but I have been a part of most of the discussions through the process for the last several months. Cavener: Okay. De Weerd: I would note that when Allumbaugh House was built they had a project manager that really helped shepherd it through, keep it on task. The whole idea behind this project manager is that -- to be that -- oversee the project itself, but also a conduit between law enforcement and the center to make sure Meridian City Council June 28, 2016 Page 8 of 39 we really do incorporate the elements that law enforcement needs in a crisis center. Lavey: Madam Mayor and Council, I would also say -- although we didn't have -- we had a -- a place at the table before, but I think we have an even greater seat now where law enforcement is really being heard as far as what your needs are, what works, what doesn't work and, like I said, they did that before, but it seems like it's even more now and the other thing -- so, he doesn't have to come up here and speak, I will speak for Sheriff Bartlett is another a dvantage this has is it gets those people out of the jails and into resources and getting the help that they need, frees up bed space for those people that they really, really need to be in jail. So, that's another advantage. De Weerd: Which, I think it will help with that 18 percent return that you see in the annual report, which I still think it's totally awesome, so -- any other questions? Concerns? Sheriff Bartlett, would you like to make any remarks? Okay. If there aren't any further questions, Council, in front you is a request for a budget amendment for a not to exceed 3,503 dollars. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the budget amendment for the Allumbaugh House crisis center, not to exceed 3,503 dollars. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Cavener: Madam Mayor, substitute motion if I may. I'm a huge proponent of the Allumbaugh House, but not seeing the scope of work it's hard for me to vo te for something, so I make a motion that we continue this for one week so that we can get the scope of work provided to Council to review and approve. Palmer: Second. De Weerd: Okay. I have a motion and a second on a substitute motion to postpone this for a week until Council can review the scope. Any discussion on the motion? All those in favor say aye. Opposed say nay. Bird: Roll call. It's dollars, so we need roll call. De Weerd: Yeah, but this was just to continue it. Bird: I know. Meridian City Council June 28, 2016 Page 9 of 39 De Weerd: So -- and I would vote nay, too. So, we will go for the original -- the original motion was to approve the budget amendment for a not to exceed 3,503 dollars. Any discussion on it? I guess we just kind of heard discussion. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: I would like to thank you Cindy, Diana, and Terry Reilly for being here. Allumbaugh House has been a huge asset for our county and the city has been the impact that -- of all of your efforts. So, thank you. Thank you, Chief. Item 7: Items Moved From the Consent Agenda A. Construction Agreement for the Five Mile Relief and Water Line Replacement at 8th Street Park Project with Granite Excavation for the Not to Exceed Amount of $815,927.38 De Weerd: Okay. Item D was removed from the Consent Agenda and so we will ask Keith Watts to comment. Watts: Good evening, Madam Mayor and Council Members. This is typica lly a consent award item. The reason I wanted to bring it to your attention is that it's a little bit of an anomaly. As you may be aware, the construction industry is booming again here in the valley and -- and we are seeing prices rise and, unfortunately, we are seeing a reduction in bid participation. When contractors can keep busy doing subdivisions our bidders tend to go down. On this particular project we reached out to 12 contractors personally, sent them e-mails. We conducted a pre-bid meeting, which we only got two contractors to show up for, so we reached back out once again after that and tried to contact them again, let them know that the bid was out there. We encouraged them to bid. And we actually got one bid on this project and it wasn't from one of the ones that they even attended the pre-bid, it was one that we reached out to. So, I just wanted to bring that to your attention to let you know that we may be creeping up on our construction estimates with our -- with our bid awards. It's just the sign of the times right now. With that I will stand for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council June 28, 2016 Page 10 of 39 Bird: How -- how urgent is it to do this bid right at this time and where does this stand with our budget? Watts: It did come in within our budget. I would have to refer to Public Works as to the urgency of it. I know it's the main that runs right in front of 8th Street Park. Warren? Stewart: Yes. Madam Mayor, Members of the Council, Councilman Bird, i t is a pretty critical project. We actually constructed the first phase of this project a few years ago, so that we could get it in place ahead of the -- the new facilities that the Parks Department put in over there. It is an enlargement of an existing main that is already reaching its capacity. So, it's something that we need to do fairly soon, but we did have an engineer's estimate. The bid that we did receive came in very close to the engineer's estimates, my understanding, and also within our budget, so I don't think there is any concern that we necessarily think this is out of line, it's just that we are not getting as many bidders on the projects as we have. Watts: Madam Mayor, Councilman Bird, Council Members, that was -- I just wanted to bring it to your attention, because we are going to -- we are nearing our budget on this bid right now, so we don't have a lot of wiggle room on this project, but it is a sign of the times and whenever we have som ething this large and we get one bidder I want to bring that to your attention, because it is out of the ordinary. Bird: Madam Mayor? De Weerd: Thank you, Keith. Yes, Mr. Bird. Bird: And I appreciate that and I hope you will bring stuff like that forward to us on -- on anything that stands out or stuff, we need to know and we need to keep watching the trend, so -- thank you very much. Watts: You're welcome. De Weerd: Any further questions for Keith? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the construction agreement on the Five Mile relief and waterline replacement at 8th Street Park project with Granite Excavation for the amount not to exceed $815,927.38. Meridian City Council June 28, 2016 Page 11 of 39 Palmer: Second. De Weerd: I'm glad you got it down to the penny. Any discussion? Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, absent. De Weerd: All ayes. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bird: That must be the profit, 38 cents, uh? Item 8: Action Items A. Public Hearing Continued from May 24, 2016 for Browning Plaza (H-2016- 0008) by SLN / Boise-Waltman, LLC Located 505, 521, 615 and 675 Waltman Lane 1. Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat B. Public Hearing Continued from May 24, 2016 for Waltman Property (aka Browning Plaza) (H-2016-0038) by SLN Planning/Boise-Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane 1. Request: Modification to the Development Agreement to Remove they 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: Okay. Item 8-A and B have been requested to continue to August 23rd and that the applicant will be required to renotice this so that the public has that information. Bird: You already opened it, so -- the hearing, so -- De Weerd: Yes. Sorry. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council June 28, 2016 Page 12 of 39 Bird: I move we continue Items 8-A and 8-B to August 23rd, 2016. Milam: Second. De Weerd: I have a motion and a second to continue Items 8 -A and B to August 23rd. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. C. Public Hearing for Harmony Hills Assisted Living (H- 2016-0061) by Brian Carlisle Located 1521 and 1529 S. Tech Lane 1. Request: Amend the Recorded Development Agreement (DA) (Instrument #108119853) for the Purpose of Incorporating a New Concept Plan, Building Elevations and Certain Provisions of the Development Agreement De Weerd: Item 8-C is a public hearing for H-2016-0061. I will open this public hearing with staff comments. Oh -- Bird: Continue. De Weerd: -- this one also wants to continue to July 19th. We are trying to make this meeting very short. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we continue H-2016-0061 to July 19th, 2016. Milam: Second. De Weerd: I have a motion and a second to continue Item 8 -C to July 19th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. D. Public Hearing for TM Creek (H-2016-0067) by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Meridian City Council June 28, 2016 Page 13 of 39 1. Request: Modification to the Development Agreement for TM Creek to Remove the Requirement for the Final Plat to be Recorded Prior to Applying for Building Permits De Weerd: Item 8-D is a public hearing on H-2016-0067. I will open this public hearing with staff comments. Watters: Madam Mayor, Members of the Council, the application before you is a request for a development agreement modification. This site consists of approximately 35 acres of land. It's zoned C-G, TN-C, and R-40 and is located at the southeast corner of West Franklin Road and South Ten Mile Road. This site was annexed and preliminary platted in 2014 and the first phase final plat was also approved by Council, but has not yet been recorded. The applicant is requesting to modify the development agreement to remove the preliminary plat requirement for the final plat to be recorded prior to applying for building permits. Because the findings for the preliminary plat are attached as an exhibit in the development agreement, it is necessary for the development to be amended to remove this requirement. The applicant would like to obtain one building permit within an area proposed to be platted in a future phase prior to final plats being submitted. This will facilitate an existing business in Meridian that desires to relocate to this site to obtain a building permit and begin construction prior to that plat being recorded as currently required. Since more than one building is allowed to be constructed on commercially zoned property, subdivision of the property is not typically required in order to apply for building permits. However, in this case a preliminary plat condition of approval was included that required subdivision of the property prior to applying for a building permit. Written testimony has been received from Mike Wardle, the applicant's representative. He is in agreement with the staff report. Staff is recommending approval. Any questions? De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Applicant. Good evening. If you will, please, state your name and address for the record. Wardle: I will. Mike Wardle. Address 12601 West Explorer Drive in Boise, on behalf of SCS Brighton. What we -- Sonya made an important point when she said that typically in a commercial situation more than one building can be constructed on a parcel prior to or without platting and what we found -- it's important to read all of the boilerplate conditions that come with a preliminary plat. In this particular case it was just -- it's one of those things that really is more applicable to a residential subdivision, but it's -- it was applied to the commercial subdivision in this sense, so it's a -- it's a simple fix. We appreciate the Meridian City Council June 28, 2016 Page 14 of 39 opportunity to have this done, so that -- I'm not going to divulge the business, but there is a business in Meridian that wants to get out to that site quickly. We look at -- we have got all the infrastructure, the streets and everything are finished right to its front door, this just give us the opportunity to g et started. So, I would answer any questions that the Council may have. De Weerd: Thank you. Can't wait until when you state your name and address that that address has a Meridian after it. Wardle: It will. De Weerd: Just saying. Wardle: In a year. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Wardle: Thank you. De Weerd: Thanks. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Council, seeing none -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on H-2016-0067. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Move that we approve H-2016-0067 with all staff and applicant comments. Meridian City Council June 28, 2016 Page 15 of 39 Bird: Second. De Weerd: I have a motion and a second to approve Item 8 -D. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. E. Final Plat for Bainbridge Park Subdivision for (H-2016- 0070) by Brighton Development Generally Located South of West Chinden Blvd and West of North Ten Mile Road 1. Request: A Final Plat Consisting of 52 Building Lots, Seven (7) Common Lots and One (1) other Lot on 22.78 Acres of Land in the R- 8 Zoning District by Brighton Development De Weerd: Item 8-E was requested to continue to July 5th for a final plat for Bainbridge Park Subdivision. Do I have a motion to continue? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue the final plat on H-2016-0070 to July 5th, 2016. Milam: Second. De Weerd: I have a motion and a second to continue this item to Ju ly 5th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. F. Public Hearing Continued from June 21, 2016 for Brundage Estates (H-2016-0001) by L.C. Development, Inc. Located East of S. Linder Road Between Victory and Amity Roads 1. Request: Preliminary Plat Consisting of 366 Building Lots, 20 Common Lots and 1 Other Lot Meridian City Council June 28, 2016 Page 16 of 39 on 136.63 Acres of Land in an R-4 Zoning District De Weerd: Item 8-F is a public hearing continued from June 21st on H-2016- 0001 and we did continue it for a specific item. Becky , did you want to comment on this? That was pertaining to block length. McKay: Yes. Thank you, Madam Mayor, Members of the Council. Becky McKay. Engineering Solutions. 1029 North Rosario. I'm here representing Mr. Centers this evening. You asked us to go back and meet with the staff, so Sonya and Caleb and I got together and that was really a good idea, because three heads are better than one and we did come up with some solutions and we reworked some stuff to decrease the length of the block in that southern portion that was so problematic that we just fought and fought and fought right along here. Sonya also asked us to provide her a drawing that's before you this evening that shows where the pedestrian paths are and what the block lengths are, so the Council is fully aware of those blocks that we require a waiver. So, it didn't reduce the need for a waiver on some of the blocks. However, we are now in compliance with the UDC and we are under the length in which the Council may grant a waiver if they determine that it's warranted. So, Sonya wanted this to be part of the record, because I believe Councilman Borton -- you know, he wanted it identified clearly in the record, part of her file, which blocks are we reducing. We see you have some issues with canals and the Williams pipeline and a collector. Just identify it so we know what we're waiving. Well, that's what you see before you. We did add pedestrian paths. We have modified the stub street. I did send this drawing -- new drawing to Mrs. Dixon, who testified at our last hearing. She sent me an e-mail back saying she was pleased with it. She would not be attending this evening. She asked me if I would, please, send her an e-mail in the morning to let her know what the Council's determination was this evening. The other outstanding issue was how to deal with the condition concerning the public versus private park issue. Mr. Centers and I discussed this at length. Your staff and I discussed it and we kind of came up with a substitute language that I did send to your staff. It did go to them today. I apologize for that. It's just -- you know, we can only work so fast and put out so many fires at one time. Basically what Mr. Centers wanted to do is -- you know, this preliminary plat depicts 18 -- or 8.24 acres of open space in the center of the development. I think Councilman Borton said, well, you know, I can understand you want a commitment from the Council. Is this going to be public. We can give you direction, but based on Mr. Nary comments we really need to do a parks agreement between the City of Meridian and Mr. Centers. So, we have it in there the City Council and developer may enter into a parks agreement in the future. It's my client's intent that we will get on that just as soon -- I mean that will be priority one as soon as we get the project preliminarily platted, we will move on getting that parks agreement, because we want to, obviously, enter into that agreement with this Council, who saw our project and, obviously, who provided us input. Lastly, it says in the event that it's determined that the open space will remain private, the developer shall provide the UDC required amenities and ten Meridian City Council June 28, 2016 Page 17 of 39 percent open space consistent the location delineated on the plat and what that last sentence basically says if for whatever reason the City Council and Mr. Centers cannot agree on a parks agreement, which I don't see that happening, because, you know, he wants to green it up, he wants to make it happen and, you know, we got our feedback from the parks commission saying we like it, we need it, and the Council's given us nothing but, you know, positive comments, then, if it has to turn into a private open space, we made it larger for the city, so we are at 14.99 percent open space and Mr. Centers said if I -- if I have to encumber my homeowner's association to maintain it, which I really don't want to do, because it's along a public pathway, multi-use path network, I don't want to have to provide more open space than is required of any other developer. So, that's, basically, what -- you know, what that states. Now, Mr. Baird has some ideas if it -- you know, I don't know what -- if he's comfortable with this. We are kind of open if you got a better suggestion. We just want to make sure it's fair for everybody, the city and Mr. Centers and we really appreciate you giving us the opportunity to get with staff and try to work things out -- issues out. Thank you. De Weerd: Thank you, Becky. Mr. Baird. Baird: Madam Mayor, Members of the Council, I do have one comment of the -- in the proposed new language, the term parks agreement is in capital letters. I don't know what a parks agreement is. Is it an agreement to donate park land to become a public park? Is it an agreement to donate and green up? It's just we don't have to define it, I would just say let's put that in noncapital letters, but no requirements on the parties, just get together. If we do it, green thumb, we go forward, if not it stays private. I think it's fine with that -- with that one modification. De Weerd: In lower case. Baird: Lower case. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Becky, I have a question for you. Sorry. I'm just not sure -- so, if Mr. Centers -- say there was not a parks agreement, what would happen with the other five percent of that open space? McKay: He may reduce that area a little bit, you know, just so it's not so expensive to maintain in perpetuity for the HOA. Just that center area. All the pathways, the buffers, all of that is locked in. I mean that's required by t he UDC. It would just give him some flexibility and, you know, maybe just the way it's laid out, then, you know, it would have to remain the same. He just wanted that option that that could shrink right there in the center a little bit. Meridian City Council June 28, 2016 Page 18 of 39 Milam: I'm just curious how it could shrink. McKay: Pardon? Milam: I mean I'm not a developer, so I'm just curious -- I'm curious how it could shrink. McKay: Oh. Well, there is always a -- when we go from preliminary to final there is always like -- you know, there is a little bit of shifting and things are modified and so what -- what we try to do is your ordinance says a minimum of ten percent open space and, then, states what's eligible. So, if we look at what our open space is and our eligibility, we are almost 15 percent. So, what Mr. Centers wants to do is, you know, maybe the lots that back up to it are a little deeper. Not that the -- Milam: You can't add more lots. McKay: No. We can -- no, ma'am. No, ma'am. Council Woman Milam, you're absolutely correct. We cannot add lots. We cannot make any significant changes that your staff determines substantial. Maybe the lots that back up to that common area are a little deeper. Maybe -- maybe we widen out a block just to eat up a little bit of open space, so that we are not putting an excessive burden on his future homeowners who say, wow, we can't afford to maintain 15 percent open space and all the other subdivisions around us in Meridian just have ten, you know. So, we have to be cognizant of what they can afford, because it's forever. So, that -- I think that's our -- yeah, we would not change the concept, just kind of like eat up a little bit of that space. Milam: Thank you. McKay: Thank you. De Weerd: If the change is significant staff would put it back through for a change. So, it would be posted and noted and come back to City Council. McKay: Yes, Madam Mayor. If it is a significant, substantial change, then, your staff sends us back with a new preliminary plat. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, that sounds like an appropriate decision for me on their part. I just think it would be too early for us to jump in on it. Meridian City Council June 28, 2016 Page 19 of 39 De Weerd: Okay. Thank you. Thank you, Becky. McKay: Thank you. De Weerd: This public hearing was continued for the reason of the long block length. Is there anyone that would like to make comment on that? Chatterton: Madam Mayor, I believe that Mrs. Watters had some comments that were prepared on this -- the changes for this item. De Weerd: Thank you. Watters: Madam Mayor, Council, just want to point out that -- that the exhibit before you, the dark lines that Becky has included with the lengths, are blocks that do not meet current UDC standards for block lengths. They still are in excess. There is ten of them that are shown. Eight of those could comply if pathways were -- were added and those would be allowed to go up to 1,000 feet in length then. If Council chooses to approve what's proposed, I would recommend that this project be continued and that the actual preliminary plat and landscape plans are revised to meet the proposed configuration or Council doesn't approve the proposed layout, that the project still be continued and the plat is revised -- the landscape plan. De Weerd: Okay. Any questions for staff? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Sonya, I appreciate your comments. Glad you had the opportunity to chime in. Can you articulate to me why we would -- why you're recommending that we continue that for the landscape plans to be revised if we approve the -- the block length? Watters: Yes. Mayor and Council. So, the configuration of -- this is not a plat. This is the concept layout. Cavener: Okay. Watters: It does not show lot dimensions. I don't know looking at this if it's consistent with our dimensional standards or not, but this is the previous plat here, the original plat that was submitted, and if you can see here, the configuration has changed some. It's kind of hard to see when they are not side by side. But the configuration has changed. It no longer is consistent with the landscape plan and the plat. It really needs to be revised in whole to make sure it meets our dimensional standards before it goes forward. Meridian City Council June 28, 2016 Page 20 of 39 Cavener: Thank you. De Weerd: Okay. Any other questions for the applicant or staff? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we close the public hearing on H -2016-0001. Bird: Second. Cavener: I have a motion and a second to close the public hearing on this item. All those in favor say aye. I think that was all ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe a comment, opportunity for Council to discuss this. I appreciate the applicant's willingness to go back to the drawing board and work with staff. Appreciate Mrs. McKay's comments, as well as staff. To me I think this accomplishes what we were discussing last week. I don't know what the rest of the Council feels, but I'm satisfied with these changes. I think they were able to take all the public testimony from last week and really seem to come up with a good project. I don't know if anyone has any other comments. Bird: Go for it. Cavener: But then, if not, Madam Mayor -- a week? Sonya, you had asked for a week? Two weeks? Madam Mayor, looking at the calendar, I move that we continue H-2016-0001 to July 12th to allow the applicant to get a preliminary plat to staff. Watters: The next one. That's the workshop. Cavener: Oh. Staff make the 5th work? Milam: That's only one week. Cavener: Okay. Then, Madam Mayor, revise that to July 5th. Meridian City Council June 28, 2016 Page 21 of 39 Watters: No. Excuse me. That's -- we need at least two weeks, Councilman Cavener. Sorry. I didn't realize that's what you meant. Cavener: Take three. July 19th, Madam Mayor. Milam: Second. De Weerd: I have a motion and a second to continue this item to July 19th. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. G. Final Plat Continued from June 21, 2016 for Isola Creek No. 4 (H-2016-0050) by Isola Creek, LLC Located North Side of W. Ustick Road and East Side of N. Ten Mile Road Meridian City Council Meeting Agenda 1. Request: Final Plat Approval Consisting of Forty- Five (45) Single Family Residential Building Lots and Four (4) Common Lots on Approximately 28.02 Acres in the R-4 Zoning District De Weerd: Okay. Item 8-G is a final plat, continued from June 21st on H-2016- 0050. I will ask for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. As stated, this is a final plat before you this evening. It's actually Isola Creek No. 4. This is a preliminary plat -- or a final plat that consists of 45 buildable lots and four common lots on 28 acres of land in the R-4 zoning district. This is the fourth and final phase of the approved preliminary plat back in 2012. Staff has reviewed the final plat for conformance with the approved preliminary plat and both the lot sizes -- lot count and the open space does comply with that, so it is consistent to what the Council approved back in 2012 as well. So, here is the approved preliminary plat that was acted on. As you can see her e this plat does contain a future neighborhood park and that was part of that approval and also part of the recorded development of that project. When this project came -- the reason for the continuance is staff and the applicant are still working out some of the requirements for the improvements to the park and if there is moving pieces here the applicant's working with the Parks Department, they are working with Nampa - Meridian Irrigation District. In your packet Nampa-Meridian Irrigation district did provide a letter bringing awareness to you as far as leaving the Creason Creek Lateral open as part of the park improvement. If Council recalls, the applicant at the time when they came forward with their preliminary plat they requested a waiver from Council to allow that creek to remain open or at least a portion of it and that would be that -- if you can see my cursor they received approval to -- a waiver from the Council to leave the east-west segment of the lateral open and, Meridian City Council June 28, 2016 Page 22 of 39 then, it was up to the parks -- discretion of the parks director to leave the north- south leg of the lateral open. Well, in working through the park design and all that and getting Nampa-Meridian Irrigation involved, they feel it's important to construct or at least pipe the entire waterway and that's why they were adamant and they wanted to get that letter in front of you. So, really the applicant to -- here is what the condition -- how the condition read in the preliminary plat and the exhibit that was tied to the approved prelimin ary plat, that approved the waiver of a -- a portion of the lateral and, then, the closure or the piping of the north-south segment. So, really, those are the -- I wouldn't really call it an outstanding issue. I think the applicant probably could shed so me light on -- they had a meeting yesterday and discussed some options that I think she can go share with you this evening, maybe daylight the issue and maybe get some closure for you, but right now staff has recommended approval of the final plat. Again, it is consistent with the approved preliminary plat. I will let the applicant get up and testify as what their discussions were with the Parks Department and Nampa-Meridian Irrigation District. So, right now I will stand for any questions you may have just regarding the final plat application itself. De Weerd: Thank you, Bill. Any questions for staff? Okay. McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay, Engineering Solutions, representing the final plat that's before you. I -- we submitted our construction plans on this project to the city and ACHD and Nampa-Meridian. We ran into snags with Nampa-Meridian Irrigation District, because they had significant concerns over the Creason Lateral being left open on the east-west leg. Now, the Creason Lateral we -- we agreed and we had a condition that said if the parks -- as Bill indicated, if the parks director determined he wanted it -- the Creason piped here on that east -- that north-south leg, that we would do that. That's a 36 inch reinforced concrete pipe and the parks director in looking at it said, you know, for usability of the park we do want that piped and we said, okay, great. The Council granted us a waiver. There is a piece of pipe that's a few hundred feet that's already in. The waiver was on this real slow section right here, because that is not a 36-inch pipe, it's a 48 inch. Well, the Parks Department they -- we talked about doing a public-private partnership as far as making this happen and we were told that it wasn't in the parks' budget to participate. So, the Parks Department I think kind of moved forward. Our project moved forward and, then, Nampa-Meridian said, wait a minute, we want to weigh in on this and so Greg Curtis did consult with his board of directors, he did write a letter to Mike Barton to the city and they said, you know, we are going to be inviting the public in here and it's one thing to leave a lateral open, you know, behind residential lots, but when you're -- this is a multi- use pathway in a city park, we feel that we are going to run into significant conflict -- conflict in maintenance, safety issues, and they said, you know, even if it's fenced if -- if a kid kicks a soccer ball into the water, climbs over the fence and drowns, we know who the parents are going to be suing and we're cognizant of the fact that water attracts kids and he said for everyone's benefit we would like Meridian City Council June 28, 2016 Page 23 of 39 you to take -- step back, don't get that final plat approved at Meridian, don't get that park by the Council, let's have an emergency meeting and we did that yesterday and it went great and Mike Barton was there, Steve Siddoway, Greg Curtis, myself, Kathy Stroschein, who is with my company, the project engineer, and Greg Curtis said I've talked to my board and we are willing to spend district money and use district labor to make this happen and he said all I ask is that the city participate in purchasing that thousand feet of 48 inch RCP pipe, which is reinforced concrete, and he said I've even gone to my supplier and I got our Nampa-Meridian rock bottom price and there isn't even a delivery fee on it, because Nampa-Meridian will use their own trucks to go pick up the pipe and so he said in addition to that, we will install the pipe in the channel, we will build all the boxes, all the lids, we don't need any chips for backfill, because it's going to be in the existing channel and all his crews will do that this winter, winter of 2016 and he said September we had the board approve our recommendation for three projects that our crews will work on in the winter and we will make this one of them, barring any catastrophic emergency with a larger facility they have to do. But he said the district wants this piped and we -- you know, he said we encourage the Council, we encourage the Parks Department to work with us and we will spend our own dollars, our own man hours, use our equipment and we will make this happen and they also said we did a civil design for the north-south leg, which is at a significant cost, they will not require that even the city prepare or us prepare a design on it for the east -west leg. All they ask for was flow calculations and inverse, which we did give the district for their consulting engineer to approve. But Greg Curtis asked that the Council consider their offer. I have never seen such a generous offer from the district, but they think that it's going to esthetically look great. It's going to -- that whole corridor is going to be greenscaped, it's going to be an actual greenbelt along Five Mile Creek, there will be no water danger with the Creason, it will all be in pipe, you will have your neighbor park, Bridgetower feeding into it, exposure at Ten Mile and we think that we have got a good solution. I guess, obviously, the ultimate decision lied with you. I did review the staff report for our final plat. I did prepare draft responses, however, I did not have any opportunity today to meet with Mr. Coleman and get his approval, so as far as our final plat, I ask that you defer it for one more week, because I don't give these responses to the conditions of approval without my client sending me an e-mail saying it looks good to me and I'm game. Plus some of these conditions that the staff placed on us are going to be dictated by Nampa- Meridian Irrigation District, like your multiple use pathway on the Creason, your agreement for the multi-use on drains, you have a universal agreement, Nampa- Meridian informed me you do not have an agreement with Nampa-Meridian for multi-use pathways along their lateral. Now, they are okay with it being along their lateral and being in -- you know, in their easement, but they want -- but somebody's got to do a license agreement and when I talked to the attorney for Nampa-Meridian Bryce Farris, he said that it would -- it would most likely have to be between the city and Nampa-Meridian, since this is a public park, a public pathway. Now, my client has to pave part of this halfway, so I'm not sure is it a three-party agreement? I haven't sent my request to Bryce to find out, because Meridian City Council June 28, 2016 Page 24 of 39 we can't until we have a plan approval and Nampa-Meridian won't give me plan approval, because they kind of put the stops to everything, they wanted to get before you. Greg Curtis wanted me to tell you guys that he would have been here this evening, but his wife had to have significant surgery today and he said any other day I would have came and talked to the Council, but he said I think having our meeting with Mike and Steve and myself yesterday, he's expressed their position and so I request that you formally defer my final plan for a week or whenever the next available Council meeting is, I'm not sure what you're doing due to the holiday and, then, obviously, I will stay, you know, here with Mike on the parks, because we -- we would like the Council to I guess look at the big picture. Thank you. De Weerd: Any questions for Becky? Bird: I have none. De Weerd: I guess my question is for Mike. Barton: Thank you, Madam Mayor and Council. You know, Becky, that was a good presentation. We do agree, you know, when -- after further discussion with Nampa-Meridian Irrigation District this section of the Creason Lateral is -- is pretty accessible and being that close to a park it could be at an attractive nuisance and potentially a safety hazard. We think that the offer that they have extended to everybody involved to get the work done is pretty significant. The impact -- and I have a presentation on park design that's coming up, but, really, the impact to our budget -- we are going to buy the pipe, we need to purchase topsoil to cover it and, then, also do some green up turf across that, so we currently have a -- a budget enhancement that's going through the process for 1.2 million dollars. It would increase that request to 1.35. So, an extra 150,000. But, really, the value is -- it is there. I mean the Nampa-Meridian Irrigation District -- we have had some -- a statement of cost to -- if it was labor and material to do the work and just to pipe that section -- that thousand feet, it's over 200 dollars a foot and that's without boxes. So, it's right in that 250,000 dollar range. So, Nampa-Meridian's labor would save everybody 175,000 dollars. So, I guess with that I will stand for any questions you might have. De Weerd: Mr. Cavener. Cavener: Madam Mayor. Thank you. Mike, just a couple of I guess -- one, this letter from Nampa-Meridian Irrigation has got me somewhat perplexed, but also very excited. I guess the first part of the letter Mr. Curtis indicates that there has been a discussion about piping this. It appears to be for a significant amount of time. Is that your recollection? And I guess maybe you could pro vide some context as to where the conversation broke down and what Nampa-Meridian Irrigation expected versus what they had heard from the city. Meridian City Council June 28, 2016 Page 25 of 39 Barton: Yeah. So -- thank you, Madam Mayor, Mr. -- Councilman Cavener. So, we had some discussions with Greg Curtis at Nampa-Meridian Irrigation District as to what the requirements were to locating a multi-use path near that -- that piece of water. So, water creeks or drains, we can locate pathways next to them without fencing. This is an open waterway, live waterway, so it needs to be fenced. So, at that point in time we -- we learned that the only -- if this was to remain open that there would be a pathway, a wrought iron fence, a 16 foot gravel road and, then, this waterway. So, at that point in time it was no longer a water amenity, I mean it was just this utilitarian looking feature, so we said, hey, maybe the thing to do is to pipe it and that's where the discussion started. So, from that we asked our civil engineer to give us -- just to give us an opinion of cost of what it might be, because we have no idea what it would cost. Are we talking about 50,000, 250,000? Well, we learned that it was about 250,000 with all the labor and material to pipe it, so at that point we made the determination that it's probably in the best interest that we just defer and leave it open and -- and, then, at that point in time Becky was able to negotiate with Nampa -Meridian Irrigation and get them to commit to creating this -- this in-house project if the materials are purchased. So, that's where kind of the wind for everybody came into play. So, really, the timeline and story behind it. Cavener: Madam Mayor, additional follow up? Mike, is -- is this a common practice for Nampa-Meridian Irrigation? I mean to me this is a pleasant surprise and it was an offer, I just don't know if there is precedent that they are following or this is the first time that they have ever done anything like this. Barton: Madam Mayor, Councilman Cavener, this is -- it's pretty unique. They have done it before. I couldn't tell you where. They have never done it for us. They -- they like to keep their crews busy. When they see a real need to reduce a safety hazard and to have an area that's easier to maintain for them, they -- they make it a priority and this is one of those projects. Cavener: Great. Thanks, Mike. De Weerd: Any other questions for Mike? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Mike, does that mean -- is there still going to be fencing? Barton: Councilman Milam, no. Milam: So, we will have cost savings on the fencing as well? Meridian City Council June 28, 2016 Page 26 of 39 Barton: Yeah. And that will -- and I kind of apologize, I'm kind of jumping ahead with some of this park design and these conversations are all going to roll together, but the pathway will move closer -- not only will the open green space in the park kind of expand, the pathway will move further to north and get close to -- on top of the current location in the Creason and, then, there will be grass on the north side of the pathway up to the common lot behind these lots in phase four. Milam: Thanks. Cavener: Madam Mayor, just one question. De Weerd: Uh-huh. Cavener: Mike, is the -- the piping impact fee eligible? Can we use impact fees to pay for that? Barton: Madam Mayor, Councilman Cavener, I believe it is. Cavener: Okay. Barton: The only -- the only thing that we did talk about if Nampa-Meridian is going to buy the -- we would want them to buy the pipe, because they are going to pick it up. We would have to sole source it. Cavener: Okay. De Weerd: Thank you, Mike. Anything further? Okay. Any further information needed from staff or applicant for the Council? Milam: Madam Mayor? Bird: Madam Mayor? Milam: Oh. De Weerd: Mrs. Milam. Milam: I move that we continue H-2016-0001 to July 5th, 2016. Bird: Second. De Weerd: I have a motion and a second to continue Item 8 -G to July 5th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council June 28, 2016 Page 27 of 39 Parsons: Madam Mayor, Members of the Council, can I ask for clarification on the -- with Becky's -- hopefully she can take it back to Mr. Coleman, but if we get an agreement from the applicant to all the conditions of approval to the final plat, is the Council amenable to just moving that to the Consent Agenda for that July 5th hearing and that way we don't have to open up anything to have any further discussions on it. That's the typical protocol that we have. If you are amenable to that, I would like to at least leave that option open for us. Bird: No problem with me. Parsons: Thank you. De Weerd: You do have all agreement, so -- okay. Thank you. Item 9: Department Reports A. Continued from June 21, 2016: Parks and Recreation Department: Bellano Creek Neighborhood Park Design and Naming Request De Weerd: Item 9-A is under Department Reports. Two department reports that were continued from our last meeting, because of time of evening. So, 9-A is a discussion about Bellano Creek neighborhood park design and naming request. Barton: Thank you, Madam Mayor and Council. Thanks for the opportunity to continue the discussion. This is the park that's in Isola Creek No. 4, the subdivision is called Bellano Creek and with any luck, with your blessing, we will officially change the name of the park this evening. As you know, we have been working on the -- the park design. The Council approved funding for design and we have been busy generating concepts and working with the parks commission to get to where we are now. So, you know where the park is. It's across from the wastewater treatment plant on the corner of Ustick and Ten Mile Road. So, really, what I -- what I have to show you are two options and the only difference between the two options is the piping that we just discussed and either open lateral or closed lateral. The amenities kind of remain the same and as you can see in this -- in the top part of the park the overall layout consists of eight and a half acres of park space. We have drawn in 28 parking stalls. We have a playground, restroom, picnic shelter. One of the cool things that -- we have thought about this and as we have gone through some of these park designs is we want to create a more unique identity and not have such a postage stamp or rubber-stamped parks that have happened in the past, so we're thinking of a park and restroom combination building that would have a common roof , maybe some different elevation changes, but it gives you a nice sense of enclosure, it uses less space, and there can be -- it's not an out-of-a-catalog type shelter that we have done in the past, so we think that's a pretty -- pretty cool use of that space. Meridian City Council June 28, 2016 Page 28 of 39 We have got three Pickleball courts. As you know, Pickleball has been huge lately, blowing up, really in high demand. Got a basketball court. Approximately three acres of open space. We have got -- we have got places up in here for public art and, then, of course, the -- in this concept the Creason is closed. So, with Option B, the same amenities still apply. The same size park -- parking stalls, playground, same combination, restroom, shelter building, Pickleball, basketball. The only difference with this one is that's the configuration and how that -- that Creason would look if it was open and there is a pretty significant appearance to that greenway out to Ten Mile with it open and if you could picture wrought iron and gravel and -- and the potential for heavy equipment coming down there to dig moss out and stuff, so that's -- that's kind of what we are dealing with this concept and we can come back to these if there is any specific questions -- or, actually, why don't I stop there and just ask if there is any specific questions, because the next slide deals with budgets and timeline and -- so, I will pause for questions. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Quick question. Would there be signs outside of the subdivision directing people saying there is a public city park inside the subdivision? Barton: Yes. Madam Mayor, Councilman Palmer, we -- we do have signs that direct people to our neighborhood parks. Palmer: Okay. Barton: ACHD has built those in their sign shop and they have allowed those to be place in a right of way, so we would do the same thing here. Palmer: Thanks. De Weerd: And I think the consideration to this park, why it was accepted as a public one is because of its location along the pathway and that as people are enjoying the pathway this would be a logical place to stop, because I know from previous comments you have made, Mr. Palmer, that these kind of parks tucked into a subdivision don't make sense for public parks. We have a little bit of that with Autumn Faire Park that -- trying to find that thing is really difficult. So, this one was -- was of interest because of the pathway connection. So, I just thought maybe you might appreciate that historical piece . Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council June 28, 2016 Page 29 of 39 Palmer: I do. I guess I would have to look at the bigger map to understand where the paths go outside of this, but, again, I mean going back to the example I used when I made those comments, Champion Park -- I mean it's not very far off of the arterial and it connects to two different roads all the way through the block and there is never anyone there. De Weerd: Uh-huh. Well, we are really excited to maybe prove this -- this -- this was worth being a city park and we will see how that -- how that goes. Barton: And, Madam Mayor, you m ake a great point, because with this park -- this will be our third park that -- we see Five Mile Creek pathway as our -- the major spine that connects the city from a multi-use pathway standpoint. It's city maintained and with this park -- this will be the third park that's on that spine, so to speak, the first public park. So, there would be Rita Huskey, Tulley Park and 8th Street Park, but as you go down the way there is the park in Bridgetower as well and hopefully -- so, it's -- so, it's really -- it's a nice amenity. You have a -- De Weerd: String of pearls. Barton: -- you have got a pit stop for restroom facilities and drinking water and things to do along the way. So, it is a -- it's a great location and it's going to be a great asset. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Just a question about design, Mike. I don't really want to redesign your whole park, but -- De Weerd: But. But. Milam: No. I don't know how -- if you could put like a bench toward the back end of the park, something kind of insignificant, but could really make a significant difference in somebody's day if they are going for a long walk or bike ride and just need a break, but don't necessarily want to -- De Weerd: And a tree. Cavener: I think he had that on there. Milam: Oh, is it on there? Oh. De Weerd: I'd like a tree. Milam: A tree and a bench. That's all I ask for. Meridian City Council June 28, 2016 Page 30 of 39 De Weerd: I do have a serious -- more serious question is have the designs -- is there going to be any cost difference maintenance if you do the planting -- the lateral or leaving it open, is it pretty much a wash between the maintenance aspects? Barton: Madam Mayor, yeah, it is. We have a -- we have our maintenance costs defined in our budget enhancement and they wouldn’t change between either park design. I mean there is some -- what's the -- the bulk of the increase in cost would be for the pipe of the Creason Lateral and once the pipe's in the ground it's -- it's there. So, it's kind of a wash. There may be a little bit more turf on Option A, the piped option, but it's -- it's not significant. De Weerd: Any further questions for Mike? Bird: I have none. Barton: I will scoot by there -- so, we have two different budgets. Option A, obviously, is the tiled Creason Lateral. Option B is if it's left open. And, then, regards the timing, we should be in final design in August of 2016. It's our plan to go to bid in December of this year. We have entered into negotiations with ESI to be our construction manager on this project and we think that December is a good -- will be a good bidding climate and we hope to break ground in February of 2017. And with that I would stand for questions and appreciate any direction you might have on how to continue with piped or not. De Weerd: Thank you, Mike. And do you want to give -- so, you're talking about design and whether Council wants Option A or B. The other piece of this is the naming request. Barton: Sure. De Weerd: Oh, you have slides on that or -- do you want to do this in two parts? Barton: Well, if it pleases the Council, I would like to do that in two -- two parts. I have a short letter to read and just tell you a little bit of history about where we have been with the naming request and -- or, Madam Mayor, you give me some direction. Bird: Madam Mayor? De Weerd: I'm -- Bird: Go ahead. De Weerd: Mr. Bird. Meridian City Council June 28, 2016 Page 31 of 39 Bird: I'm sorry. To start the discussion, I -- I think we need to go with the Option A. Creason needs to be tiled. While I don't like tiling that kind of waterwa y, but I think for this it needs to be done and with Nampa-Meridian stepping forward like they have, I -- I think we need to go that route. I like your layout in Option A myself personally. I would vote for Option A. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I agree with Councilman Bird. I would vote for Option A. De Weerd: I think having the two water features or water considerations with the Five Mile and the lateral, it -- it does increase the -- the safety concerns out there, so I -- I think Option B, while I hesitate to spend an additional 150,000 dollars, it could be a lot more without the partnership with Nampa-Meridian and I will tell you, this is an unheard of sequence of events having Nampa -Meridian step up this way and if that is the direction that Council goes, I would -- I would like to see maybe the Parks Department draft a letter for signature from the Mayor and Council in really stating our appreciation of the partnership and the -- the focus on the safety aspect in that area. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Candidly, there is a lot of pathway in this valley that runs alongside waterways and I think my preference would be that we could find a way to have our pathway be fenced and be close to a waterway amenity, recognizing the irrigation district's concern about litigation I can appreciate that. I have to agree with Council Member Milam and Bird that Option A, while not my favorite idea, is probably the most preferred option for this particular project and I'm grateful that the irrigation district is willing to step up like this. It's pretty remarkable and I appreciate it. Barton: Okay. We will draft a letter -- a thank you letter to Nampa-Meridian Irrigation, then, for partnering on this project. So, we have a -- a naming request -- De Weerd: Mike, do you need a motion accepting the design and calling out specifically Option A as the preferred -- Barton: I would have to defer to Mr. Baird. I think -- I think we were just looking for some direction and feedback, but -- Meridian City Council June 28, 2016 Page 32 of 39 Baird: Madam Mayor and Members of the Council -- and I'm presuming you will have to have an amended -- De Weerd: A bidding process. Baird: -- amended budget -- a new budget amendment and that would be the approval of it. So, you're -- you have given direction to proceed, yo u're expecting to see that come back. So, I think Mike's got what he needs without a motion. De Weerd: Budget amendment deadline is -- is this week. Barton: So, Madam Mayor, I believe we will -- De Weerd: Just saying. Barton: -- we will revise our budget enhancement that's going through the process to reflect if discussions have -- so, park naming. We have a request from -- from Thomas Coleman to name the park Rita Huskey Park and we have a letter that was submitted. It was submitted by Edward McNelis and it said that -- and I will just -- I will just briefly go through this letter. It says the Huskey family came to the Meridian area over a hundred years ago. They have been a part of the very fabric of the area as it grew to the city it is today. The Huskeys lived, worked, raised families and were good citizens of the community. The Huskey family moved on a farm Ten Mile and Ustick over 80 years ago. Leonard Huskey, now deceased, purchased the farm and it became the family's home. They all loved the farm and their community. The offspring grew up knowing Meridian as their home. They attended school there and all but one passed away and they were all buried here in Meridian. The entire family was known, respected, considered by everyone as great neighbors and good citizens. This was a close-knit family. There were six siblings, each loved and honored their parents Leonard and Leona. The youngest of the family made provisions to help the youth in the area from their estate. Leonard kept the farm until his death. He had simply loved and had a special place in their hearts for their sister Rita, who had been a second mother to the younger Huskeys. That's hard to follow I know. They knew the farm would be sold after his death and had only one request. He wanted nothing for himself, but he wanted his sister Rita to be remembered, who was such a good caring and special person to everyone. He, Leonard, discussed this with Edward McNelis on several occasions and requested that the park be named in Rita's honor and that this be a condition of the sale of the property. Well, it wasn't a sale of the property, but we think it's a -- we think it's a good request and it honors somebody that is long-standing in the community and loved Meridian. We presented this to our parks commission and they recommended approval on May 11th. It is consistent with our written naming policy and we would ask for your approval of the -- the name of this park to Rita Huskey Neighborhood Park. Meridian City Council June 28, 2016 Page 33 of 39 De Weerd: Thank you, Mike. And as noted the commission recommends that the naming of Rita Huskey Park as well. Any questions for Mike? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Do we need a motion on this -- Bird: Go ahead. Cavener: -- for the name? De Weerd: Uh-huh. Cavener: Madam Mayor, I move that we accept the park name -- former name of Bellano Creek to be renamed Rita Huskey Park -- Rita Huskey Neighborhood Park. Milam: Second. De Weerd: I have a motion and a second to approve the request to name this park. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, absent. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Thank you, Mike. Barton: Thank you. De Weerd: Item 10-A is Ordinance 16-1698 -- B. Continued from June 21, 2016: Parks and Recreation Department: Bainbridge Neighborhood Park Design Bird: No. We got B. De Weerd: Oh, shoot. Sorry. I was totally excited. Barton: So, Madam Mayor, Council Members, thanks for the opportunity again to talk about another neighborhood park that we have in design. This one is -- has Meridian City Council June 28, 2016 Page 34 of 39 been a long time coming. I'd like to thank Mike Wardle, who is here, and the Brighton Corporation for donating the land for this neighborhood park to the city and we're also working on negotiating a cost share for some of the green up with this as well, to be determined, but -- so, the city has owned this -- this property since -- there you go. De Weerd: A long time. Barton: A long time. Since 2008 and it's -- the location is -- the location of the park is -- for some reason this has died. It's Ten Mile and Chinden, near Heroes Park. Heroes Park is just to the west, so the -- yeah, you can see the cursor there. De Weerd: Thank you, Bill. Barton: That is the -- the park location and -- next slide, please. For some reason this isn't cooperating. So -- Parson: Mike? Switch -- Mike, over here. Bill. Would you just change it to the black arrow at the top of the smart board and take it off the color? It should allow you to advance the slide now. Barton: Okay. No. So, Bainbridge Neighborhood Park. William Watson. This one -- there has been some discussion on whether the name William Watson is going to move forward or not, but we have requested a specific naming request from Brighton Corp. So, the name is going to be determined still. It won't be Bainbridge -- it won't be Bainbridge Park in the Bainbridge Subdivision, it's a city park. We are good with that. So, the park consists of seven and a half acres. We have 22 parking stalls, a restroom, a picnic shelter, playground equipment. One of the things that we thought would be unique in this area was -- is to install an outdoor gym. It's similar to -- Boise has a couple that are -- one is in Camel's Back Park and the other one is in Ann Morrison. Pretty popular these days. We have got places for public art and we have got a good amount of open play in this area. The park is really conveniently located off Ten Mile Road and it's a good location. It's right on the arterial. There is no parking out there. There is a bike lane. It's got good access interior to the subdivision and there is about a four to five acre green space right in the center of the park for open play for soccer and football practice and -- and that kind of stuff. So, I guess as with the other one, let me pause there and see if there are any questions. It's a little bit fuzzy and I wish I could draw on this, but as you drive into the park there is -- there is two handicap accessible parking places right when you drive in and , then, you enter into the -- the other 22 parking stalls and right off of that there is a -- there is an entry plaza that even though we are not proposing any public art at this time, we've left -- we left space for it, so there could be these high profile nodes that would accommodate some sculpture in the future or, you know, something eye catching. The playground is on the left-hand side of that where that yellow is and Meridian City Council June 28, 2016 Page 35 of 39 the outdoor gym is just to the right of it. In addition to that, there is a basketball court in the upper right-hand side. One of the things that we are trying to -- trying to create with some of these parks is a multi-generational space where you can -- you can bring your kids to the playground , you can -- they can play on the playground equipment, mom or dad can workout and, you know, maybe -- maybe a teen or a tween can play basketball. So, we are trying to -- as with Bellano Creek with the Pickleball and the playground, there can be -- Pickleball usually caters to older citizens and with the playground and -- and the Pickleball courts there is kind of that multi-generational thing going. I was trying to word that carefully. Bird: Ralph and I were paying attention. Barton: Yeah. Right. Getting there. So, we think it's a good -- a really good layout. There is some -- some really cool amenities here and I think what we are looking for at this point is feedback and we can -- I will pause right there as with the other one, to answer any questions you might have. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Mike, I love the outdoor gym. I think all of our parks should have one. Barton: We are working on it. Milam: We will see how it works out. De Weerd: Is there going to be a cover over it? Barton: Madam Mayor, not at this time. There is a -- there is a plaza space there with some shade trees that will be planted in that. There will be cutouts in the concrete, but no cover at this time. De Weerd: On a day like today I don't know how used that equipment will be. Cavener: Be a quick workout. Bird: That would be a quick workout. Milam: You don't have to work up a sweat. You get a good sweat out in a short time. De Weerd: Any other questions for Mike? Bird: I have none. Meridian City Council June 28, 2016 Page 36 of 39 De Weerd: Okay. Barton: So, we have a current budget of 758,000 dollars. We are negotiating a cost share with Brighton Corp. We have had this budget for some time and we are -- we are still truthing numbers and getting an accurate opinion of cost and this is kind of the first step, some of t he cost saving things we have had. Brighton Corp has brought utilities to the site. Water service, sewer and power. So, we won't have those costs. The other thing that we will -- we are going to connect to the pressurized irrigation system for the subd ivision and reimburse them for a percentage of electricity cost, just our percentage of acreage, so we won't be building our own pump -- pumping system. So, we think we can -- we can get there with this, but I -- we haven't truthed all the numbers yet and we will be working on that. As far as timing goes, we will final design in August and, again, with this one bidding in December to take advantage of some favorable off season pricing we are going to be working with the Russell Corp as the construction manager on this project and we will be bringing in an agreement to Council for those services here in the next few weeks. De Weerd: So, Mike, just a question. Since these are just -- these two parks are within a mile and a half of each other, is -- is there any benefit or economies of scale that you can use one construction manager and work them to bid those parks, bid both for -- each separately and see if you can get some cost efficiencies there? I know when we built our pool we built it at the same t ime someone else did and we got a better price, because they had the equipment in the area and they just -- they did one house and they did the other and -- just a thought. Barton: Yeah. Madam Mayor, that's a -- that's a great thought and I think this -- by staying to the same timing and construction schedule, because they both are a similar project and if we bid them at the same time, that a contractor can look at that and say if I get this one, then, I can maybe put forth some favorable pricing on the other one together, because I will be in the same area. I think with the -- just because they are both more or less on the same schedule that we will get some good pricing. I don't know the advantages to using the same construction manager. It would be -- De Weerd: It was just a question. Barton: -- two different budgets, two sites, and I'm not sure the logistical problems of combining bid packages. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council June 28, 2016 Page 37 of 39 Milam: To me, Mike, it seems -- I thought that was a fabulous idea, Madam Mayor. And it seems like if you had the same project manager, the same as with a construction company, that they could do both of them at a better rate than hiring two different people to do the same work. I mean at this point it's something to look into. But I think it's a really good direction. Barton: Thank you. We will look into it. De Weerd: Okay. Any other questions for Mike? Okay. Thank you. Barton: Thank you. Item 10: Ordinances A. Ordinance No. 16-1698: An Ordinance (H-2016-0004 Meridian Property Group) of the Mayor and City Council of the City of Meridian Granting Annexation and Zoning for a Parcel of Land as Shown on that Record of Survey No. 7426, Recorded Under Instrument No. 106095763, Ada County Records Also Being a Portion of the Northwest Quarter (NW1/4) of the Northeast Quarter (NE ¼) of Section 7, Township 3 North, Range 1 East, Boise, Ada County, Idaho, as Described in Establishing and Determining the Land Use Classification of said .062 acres more or less from R1M to CG (General Retail and Service Commercial) District, in the Meridian City Code; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved De Weerd: Okay. Now, I will go ahead and move to Item 10-A, which Ordinance 16-1698. Madam Clerk, will you, please, read this by title. Jones: Thank you, Madam Mayor. An ordinance H-2016-0004, Meridian Property Group, for annexation and rezone of a parcel of land as shown on the record of survey number 7426, recorded under Instrument No. 106095763, Ada County records. Also being a portion of the northwest quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certainly lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1M to C-G, General Retail Service Commercial District, in the Meridian City Code, providing that -- or providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law and providing for a summary of the Meridian City Council June 28, 2016 Page 38 of 39 ordinance and 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? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Seeing none that want to, I move that we approve Ordinance No. 16 - 1698 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10 -A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 11: Future Meeting Topics De Weerd: Council, although this is not an agenda -- a future agenda topic, I do have a request -- a letter that reiterates something that we discussed last fall in regard to Idaho Transportation Department's request they received on looking at Chinden to -- to increase the weight limit. If you recall. We had asked them to -- we raised several questions and concerns that we never received a request to and -- or a response to and also in light of COMPASS that they were doing a freight study for the region and that would be completed by the end of this year to wait on anything. It has recently come to our attention that Idaho Transportation Department has initiated and negotiated rulemaking discussion for this week . It makes this letter pretty urgent to weigh in our continued concerns about this particular approach and using this kind of venue to address whether or not trucks that are -- exceed the weight limit currently established, be able to access Chinden. Rulemaking is not the way we believe should be used. I did draft a letter. It has all of our signatures. I would ask if you would be supportive of signing this. It just took the talking points from our -- our letter that was dated on September 8th, 2015. Palmer: Madam Mayor? Meridian City Council Meeting DATE: June , 2016 ITEM NUMBER: 5A ITEM TITLE: Professional Service Agreement Professional Service Agreement for Artwork for Traffic Box Art Project Bonnie Peacher 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 PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this Z� day of June, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Bonnie Peacher, an individual person ("Artist"). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for reproduction on vinyl wraps to be installed on traffic signal boxes in Meridian, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2015, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the artwork submitted by Artist, and on June 9, 2015, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 15-1070; WHEREAS, MAC recommended to City Council that two pieces of art, entitled A Time for Planting, depicted in Exhibit C hereto ("Artwork"), created by Artist and included in the Traffic Box Art Image Repository, become an installation as part of the Project, and the Meridian City Council accepted MAC's recommendation on May 24, 2016; and WHEREAS, Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist's person, property, or interests. Insurance of original Artwork shall be in Artist's sole discretion and responsibility. Artist shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for any other purpose, in City's sole discretion. PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX COMMUNITY ART PROJECT PAGE 1 of 9 C. Copyright. Artist shall not make any claim to the copyright of the Artwork. Artist expressly waives any and all right, title, or interest in the images or products created using Artwork. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artist agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Artist warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Artist specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or,portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Artist consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Artist shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Artist 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 Artist and City or between Artist and any official, agent, or employee of City. PROFESSIONAL SERVICES AGREEMENT — TRAFFIC BOX WRAP PAGE 2 of 9 D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. 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. G. 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. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. 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. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of June, 2016. ARTIST: !• .• ie Pea, CITY OF MERIDIAN: BY: ttes . Tammy d rd, Mayor 4 e [oman, City Jgc�t Jo�.I�S AUGGS� 7 Q+ City of E IDIANg- terk '°�"° SEEM. FSP �Qv 14'11 i i� z( R E A S�SQ'6 PROFESSIONAL SERVICES AGREEMENT— TRAFFIC BOX COMMUNITY ART PROJECT PAGE 3 of 9 EXHIBIT A CALL FOR ARTISTS PROFESSIONAL SERVICES AGREEMENT — TRAFFIC BOX WRAP PAGE 4 of 9 Meridian Commission Ca(( for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City's selected vendor. ELIGIBILITY: The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high-resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to ten (10) images for consideration; a maximum of two (2) images per person will be selected for inclusion in the repository. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application Et Acknowledgements form; • One-page letter of intent, including biography of the artist, on 8.5x11" sheet of 20 lb., white paper; and • Up to ten (10) digital images, in .jpg format, of original artwork proposed for inclusion in the digital repository, on a CD or jump drive; image file names must include artist's last name and artwork title. Materials submitted wilt not be returned. E-mailed submissions will not be accepted; materials must be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission Attn: Traffic Box Art Digital Repository Proposal 33 East Broadway Avenue Meridian ID 83642 DEADLINE: This call shall be open until 5:00 p.m. on Friday, May 1, 2015. SELECTION PROCESS: The selection of art for inclusion in the digital repository wilt be made by MAC. MAC wilt jury submissions at its regularly scheduled meetings, as they are received. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a public space; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of the Meridian community. Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to mac@meridiancity.org. APPLICATION MATERIALS PROFESSIONAL SERVICES AGREEMENT - TRAFFIC BOX WRAP PAGE 6 Of 9 Applicant: E-mail address: Mailing address: Physical address: Applicant phone: Image title(s): Meridian Commission Vil :5 at, — Day: Evening: Cell: ae 8 , 9&7. 121 I. 46-f' r or, +h e 2. --Fh6civl 3. h P .M PCm��;cl 4. 4 ► 1_M 1 hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acce tance Agreement between myself and the City of Meridian. I specifically acknowledge and agree that: A. All artwork submitted with this proposal for consideration for inclusion in the digital .." repository is original work that I myself conceived and created in all respects. B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, I wilt be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will be required to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, 1 will advise the Meridian Arts Commission so that the image may be removed from the digital repository as a potential option for installation as a vinyl wrap. kTJAL-_D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the ) digital repository, such submission is a public record, subject to the Idaho Public Records Act. f E. Artwork included in the digital repository may be removed from the repository, and/or the repository may be deleted or discontinued, without notice to the artist. F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shall be included in the digital repository. I acknowledge and Wde p03,and-su mit my ppsal subject to, each and all of these terms and conditions. Signature: I d-1 Date: Bonnie Peacher 2707 N Lakeharbor Lane Boise, ID 83703 208.867.1219 artbypeacher@gmail.com May 1, 2015 Meridian Arts Commission Attn: Traffic Box Art Digital Repository Proposal 33 East Broadway Avenue Meridian, ID 83642 Dear Meridian Arts Council: I respectfully request your consideration to add my artwork to the Traffic Box Art Image Repository. I am a magnum cum laude graduate of Boise State University, with a BFA in art - emphasis in painting and art history. My work has been shown in more than 100 exhibitions throughout the United States, winning multiple awards. The College of Idaho includes my work in the "Idaho Women's Collection". My paintings are also in many private collections. A visit to my website www.artbypeacher.com allows you to view more of my work. Additional images, and a complete resume can be provided upon request. You may also see my work in the newest gallery in Boise, Art Zone 208, located at 3113 N. Cole Rd. and in Peterson's Gallery and Chocolatier in Baker City, OR. Steve's Cafe in Meridian commissioned a 10'x 20' historical mural in 2012, and the Traffic Box located on the NW corner of Franklin and Cole in Boise was created last year for the Boise City Arts & History Public Art Program. I am the current president of Boise Open Studios Collective Organization, a founding member of the Treasure Valley Artists Association, a BAM docent and the curator of the Garden City Library "Art & Brushes" program. would love the opportunity to be included in the image repository for Traffic Box Art. Thank you for considering me. I look forward to your response. Sincerel 0 onnie Peache EXHIBIT C A TII EFOR PLANTING lw PROFESSIONAL SERVICES AGREEMENT -TRAFFIC $OX COMMUNITY ART PROJECT PAGE 9 of 9 Meridian City Council Meeting DATE: Junes 2016 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Professional Service Agreement Professional Service Agreement for Artwork for Traffic Box Art Project - Brian Schreiner MEETING NOTES 7z%m�IM= Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement") is made this Q� day of June, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Brian Schreiner, an individual person ("Artist"). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2015, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the artwork submitted by Artist, and on June 9, 2015, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 15-1070; WHEREAS, MAC recommended to City Council that a piece of art entitled Misplaced Wheels, depicted in Exhibit C hereto ("Artwork"), created by Artist and included in the Traffic Box Art Image Repository, become the inspiration for a derivative work installation as part of the Project, and the Meridian City Council accepted MAC's recommendation on May 24, 2016; and WHEREAS, Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork, print such image or portion(s) thereof on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City's sole discretion. B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist's person, property, or interests. Insurance of original Artwork shall be in Artist's sole ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT PAGE 1 of 9 discretion and responsibility. Artist shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap created therefrom, which shall belong wholly to the City, and Artist shall not make any claim thereto. As to the derivative work: 1. Artist expressly waives any and all right, title, or interest in the images or products created using the derivative work. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. 2. Artist agrees to relinquish and waive any and all rights, title, and interest to the derivative work, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's sole discretion. Artist specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Artist consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Artist shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT PAGE 2 of 9 C. Relationship of Parties. Artist 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 Artist and City or between Artist and any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. 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. G. 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. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. 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. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the orb day of June, 2016. ARTIST-.-, ridn Sqhreiner CITY IM s Citya w Attest: Jacy JonesQCity srk S1AL mow. �l��` rneasuaEy � ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT PAGE 3 of 9 EXHIBIT A CALL FOR ARTISTS ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 4 Of 9 Meridian Commission Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City's selected vendor. ELIGIBILITY: The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high-resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to ten (10) images for consideration; a maximum of two (2) images per person will be selected for inclusion in the repository. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application if Acknowledgements form; • One-page letter of intent, including biography of the artist, on 8.5x11" sheet of 20 lb., white paper; and • Up to ten (10) digital images, in .jpg format, of original artwork proposed for inclusion in the digital repository, on a CD or jump drive; image file names must include artist's last name and artwork title. Materials submitted will not be returned. E-mailed submissions will not be accepted; materials must be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission Attn: Traffic Box Art Digital Repository Proposal 33 East Broadway Avenue Meridian ID 83642 DEADLINE: This call shall be open until 5:00 p.m. on Friday, May 1, 2015. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its regularly scheduled meetings, as they are received. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a public space; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of the Meridian community. Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to macCmeridiancity.org. EXHIBIT B APPLICATION MATERIALS ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 6 of 9 7 Meridian Commission Application It Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY Applicant: E-mail address: Mailing address: Physical address: Applicant phone: Image title(s): -H I N Go rr% I i n 5 S W A/M � v A� p 1� v l� (2 t I t7l"Na 0 -1 l& I 1 5 WAk,- L) V1-1-)iv5-- t3015G, I12AW0 $-3-713 Day: 57? -12-3q 8 Evening: 377-239 cell: 1,08) g 14 - '3-4-64-c 6. 7. 8. 9. 10. I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shalt be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree that: A. All artwork submitted with this proposal for consideration for inclusion in the digital rAi repository is original work that I myself conceived and created in all respects. ' .7B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, i�Rr I will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. C. 44? Before work represented in the repository may be installed as a vinyl traffic box wrap, I will be required to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be removed from the digital repository as a potential option for installation as a vinyl wrap. D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the "1Trr digital repository, such submission is a public record, subject to the Idaho Public Records Act. WS E. Artwork included in the digital repository may be removed from the repository, and/or the rg TA repository may be deleted or discontinued, without notice to the artist. F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shall be included in the digital repository. I acknowledge and u rstand, d submit my proposal subject to, each and all of these terms and conditions. Signature: Date: /6-Fi-2—IL_ Cr SCHREINER FINE ART BRIAN SCHREINER Brian Schreiner was born at Sculthorpe Air Force Base, Norfolk, England, U.K. on September 11, 1955. He lived in South Creek near the coast and in Stow -on -the -Wold, a hilltop town in the Cottswolds which was started by the Romans with its two thousand year old buildings and cobblestone streets. In 1965 he moved to Mountain Home, Idaho and grew up in the west with the outdoors and wide-open spaces. Ail has appealed to Brian from the earliest times of drawing and painting in school or at home. The desire to work as a professional artist prompted him to work towards a Bachelor of Fine arts and Education degrees along with some architectural design. Schreiner spent the following ten years in Los Angeles, California pursuing creative endeavors. He gained experience in commercial art, toy design, interior design and mural projects and has designed restaurants and painted murals for many interesting clients. Projects include "Executive Decision Maker" coffee cup mug, Rosie's BBQ Grillery Restaurants, a mural around a fish tank in a hospital, working on a motion picture crew "Private School," Lancaster California Museum of Fine Art watercolor show, painting an angel picture onstage for a Life Flight Festival of Trees Auction, and painting a garden hummingbird mural with a picket fence for his wife, Cindy. Brian began exhibiting formally in 1979, and since has had many shows in the western United States and is represented in many private collections. Schreiner began printmaking in 1988. He thinks that creating art is like attempting alchemy: (a process of transforming various elements into gold). It is possible to make art by combining thoughts, living experiences and art materials -in attempting to make good art? Some paintings are created with definite goals and research to tell a story, some are created to cause a discussion about a given topic, and others are painted simply to capture a scene or design in which the viewer might find their own varied meanings. Schreiner's work is an attempt at fusion blurring the line between realism and abstractionism — "realistic abstracts". Poetic and whimsical in nature, Brian's paintings are often the result of a wandering storyteller creating symbolic images of Western America. Brian Schreiner lives in Boise, Idaho. -777 -Ago Meridian City Council Meeting DATE: June,2-1', 2016 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Professional Service Agreement Professional Service Agreement for Artwork for Traffic Box Art Project - Karyn deKramer 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 ARTWORK LICENSE AGREEMENT : TRAFFIC BOX COMMUNITY ART PROJECT PAGE 1 of 9 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT (“Agreement”) is made this ___ day of June, 2016 (“Effective Date”), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (“City”), and Karyn deKramer, an individual person (“Artist”). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission (“MAC”) issued the Call for Artists attached hereto as Exhibit A , seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project (“Project”), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B ; WHEREAS , on May 18, 2015, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the artwork submitted by Artist, and on June 9, 2015, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 15-1070; WHEREAS, MAC recommended to City Council that a piece of art entitled Passing Passerines , depicted in Exhibit C hereto (“Artwork”), created by Artist and included in the Traffic Box Art Image Repository, become the inspiration for a derivative work installation as part of the Project, and the Meridian City Council accepted MAC’s recommendation on May 24, 2016; and WHEREAS, Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE . A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork, print such image or portion(s) thereof on one or more vinyl wraps (“Vinyl Wrap”), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City’s sole discretion. B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist’s person, property, or interests. Insurance of original Artwork shall be in Artist’s sole ARTWORK LICENSE AGREEMENT : TRAFFIC BOX COMMUNITY ART PROJECT PAGE 2 of 9 discretion and responsibility. Artist shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap created therefrom, which shall belong wholly to the City, and Artist shall not make any claim thereto. As to the derivative work: 1. Artist expressly waives any and all right, title, or interest in the images or products created using the derivative work. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. 2. Artist agrees to relinquish and waive any and all rights, title, and interest to the derivative work, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq . Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City’s sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City’s sole discretion. Artist specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Artist consents to City’s publication and/or use of any photographs or recordings of Artist, Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Artist shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Artist 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 Artist and City or between Artist and any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. 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. G. 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. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. 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. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of June, 2016. ARTIST: CITY OF MERID BY: /- Attest: Tammy OCWerd, Mayor ARTWORK UchNSE AGREMMENT: TRAFFIC BOX COMMUNITY ART PROmc'r PAGE 3 of 9 ARTWORK LICENSE AGREEMENT : TRAFFIC BOX COMMUNITY ART PROJECT PAGE 4 of 9 EXHIBIT A CALL FOR ARTISTS Call for Artists : TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City’s selected vendor. ELIGIBILITY: The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho’s Treasure Valley, created using any medium, so long as it can be represented in a high-resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to ten (10) images for consideration; a maximum of two (2) images per person will be selected for inclusion in the repository. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application & Acknowledgements form; • One-page letter of intent, including biography of the artist, on 8.5x11” sheet of 20 lb., white paper; and • Up to ten (10) digital images, in .jpg format, of original artwork proposed for inclusion in the digital repository, on a CD or jump drive; image file names must include artist’s last name and artwork title. Materials submitted will not be returned. E-mailed submissions will not be accepted; materials must be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission Attn: Traffic Box Art Digital Repository Proposal 33 East Broadway Avenue Meridian ID 83642 DEADLINE: This call shall be open until 5:00 p.m. on Friday, May 1, 2015. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its regularly scheduled meetings, as they are received. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a public space; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of the Meridian community. Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to mac@meridiancity.org. ARTWORK LICENSE AGREEMENT : TRAFFIC BOX COMMUNITY ART PROJECT PAGE 6 of 9 EXHIBIT B APPLICATION MATERIALS ARTWORK LICENSE AGREEMENT : TRAFFIC BOX COMMUNITY ART PROJECT PAGE 9 of 9 EXHIBIT C PASSING PASSERINES 9K Meridian City Council Meeting DATE: JuneZ, 2016 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Cost Share Agreement Ustick Road, Linder to Locust Grove Cost Share Agreement with the Ada County Highway District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY HIGHWAY DISTRICT COST SHARE PERMIT 3775 Adams Street ACHD Contact Person: Garden City Idaho 83714 Name: Joseph Tate -- Phone (208) 387-6280 3775 Adams Street Facsimile (208) 387-6289 Garden City Idaho 83714 IL It Phone: (208) 387-6239 Date of Permit: 2016 ACHD Project No.: 313039,I Permit No.: 008 512008, 513038 Capitalized terms that are not defined in this Permit shall have the meanings given to them in the ACHD Cost Share Ordinance No. 215. This permit is granted to: City of Meridian Partnering Agency Contact Person: 33 E. Broadway Ave. Austin Petersen Meridian, Idaho 83642 Transportation and Utility Coordinator 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 489-0352 Email: a etersen@meridiancity,org Name/Location of ACRD Road Project: Ustick Road and Meridian Road Intersection, ACHD Project #313039; Ustick Road, Meridian Road to Locust Grove Road, ACHD Project #512008; and Ustick Road, Linder Road to Meridian Road, ACHD Project #513038, as depicted in the plans attached hereto and incorporated herein as Exhibit A. Approved Non -Transportation Components: Pursuant to this Permit, ACRD authorizes, and, as a condition of issuing this Permit, requires, the following Non -Transportation Components: (1) Design, Construction, and Maintenance of Interim Treatment until Replaced with Design, 1 2 Transportation Components, which shall consist of designs for the Interim Treatment, Permanent Landscaping, and Additional Lighting described in Section II. If Partnering Agency is responsible for providing plans/designs, deadline for submitting plans/designs to ACHD for approval: Partnering Agency shall submit the plans/designs of the Non -Transportation Components and receive approval from ACHD as to the plans/designs prior to installation. Additional conditions: All designs/plans submitted by Partnering Agency will comply with (i) established engineering standards, including the Idaho Standards for Public Works Construction (ISPWC); (ii) the American Association of State Highway and Transportation Officials ("AASHTO "); (iii) the Cost -Share Ordinance No. 215; (iv) all adopted ACHD rules, regulations, and policies; and (v) all state and federal laws. No designs shall be considered final until they are approved in writing by ACHD. Any modifications to the deadlines set forth. above must be approved in writing by ACHD. By approving such designs/plans, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Non -Transportation Components. Allocation of design costs for Non -Transportation Components (including, if applicable, any credits provided to Partnering Agency and application of any federal funding) and time for reimbursement, if applicable: Partnering Agency shall be solely responsible for all design costs for the Non -Transportation Components, if any. Partnering Agency shall receive no credits in connection with the design costs for the Non -Transportation Components. Description of construction work approved by ACHD to be completed by Partnering Agency (if applicable): (In addition to description, refer to designs and plans attached to this Permit as Exhibits, if applicable. If designs and plans are not complete at the time of issuance of this Permit, they must be approved in writing by ACHD and shall be incorporated into this Permit.) Upon submission of the plans/designs of the Non -Transportation Components by Partnering Agency and approval by ACHD, Partnering Agency may proceed with construction or may elect to contract with ACHD for construction. If Partnering Agency performs the construction, it shall construct the improvements in accordance with the approved plans/designs. Additional conditions: (1) Partnering Agency will not allow any liens to attach to any right-of-way, improvements, or other property of ACHD as a result of any labor performed or materials supplied in connection withthe construction of the Non -Transportation Components. (2) Partnering Agency shall be responsible for obtaining all permits required by ACHD in connection with any construction of the Non - Transportation Components. (3) Partnering Agency's construction shall not negatively impact ACHD's construction of the Transportation Components or ACHD's Road Project schedule in any way. (4) Any amendment to the designs and plans must be approved in writing by ACHD. (5) All construction of the Non -Transportation Components shall be in accordance with the designs/plans approved by ACHD. 3 (6) All construction by Partnering Agency will comply with (i) established engineering standards, including the Idaho Standards for Public Works Construction (ISPWC); (ii) the American Association of State Highway and Transportation Officials ("AASHTO"); (iii) the Cost -Share Ordinance No. 215; (iv) all adopted ACHD rules, regulations, and policies; and (v) all state and federal laws. If Partnering Agency is responsible for all or a part of the construction of the Non - Transportation Components: a. Date for submitting Partnering Agency's contractors and engineers to ACHD for approval: Not applicable due to the nature of the construction. b. Date for submitting Partnering Agency's contractors' and engineers' estimates to ACHD for approval: Not applicable due to the nature of the construction. c. Date for submitting Partnering Agency's contractors' and engineers' contracts to ACRD for approval: Not applicable due to the nature of the construction. Any modifications to the deadlines set forth above must be approved in writing by ACRD. Allocation of construction costs for Non -Transportation Components, reconstruction costs of Transportation Components necessitated by the incorporation of Non -Transportation Components into the Road Project, ACHD construction, maintenance, administration, and overrun costs (including, if applicable, any credits provided to Partnering Agency and application of any federal funding), and time for reimbursement, if applicable: Partnering Agency shall be solely responsible for all construction costs of the Non - Transportation Components, whether ACHD or Partnering Agency performs such construction. Partnering Agency shall receive no credits in connection with the construction of the Non - Transportation Components. If ACHD performs the construction of the Non -Transportation Components, then Partnering Agency shall reimburse ACHD for the actual cost of all materials used, the cost of the relocation of any utilities necessitated by the Non -Transportation Components, and any other costs associated with the construction and installation of the Non - Transportation Components. Payment by Partnering Agency shall be made to ACHD within 30 days following submission of an invoice by ACHD to Partnering Agency identifying such charges. Relocation of utilities to be completed by Partnering Agency (if any): If Partnering Agency constructs the Non -Transportation Components, Partnering Agency will be solely responsible for the relocation of any utilities required in connection with the placement, incorporation, or construction of the Non -Transportation Components. If ACHD constructs the Non -Transportation Components, Partnering Agency will be solely responsible for the cost of the relocation of any such utilities. rd Storm water provisions (if applicable): The pedestrian safety buffer area between sidewalk and vertical curb shall be designed so as to prevent storm water from accumulating and ponding in the buffer area. Additional conditions: Upon a determination by ACHD that the incorporation into the Road Project of Partnering Agency's Non -Transportation Components will have an adverse effect on stormn water quantity or quality, Partnering Agency shall be solely responsible for either mitigating or funding the mitigation of any such adverse effects in a means determined by or acceptable to ACHD. Schedule for completion of Road Project: At this time, ACHD's schedule for completion of the Transportation Components of the Road Project completion is unknown, but estimated to be November 2017. The deadline for Partnering Agency's completion of the Non -Transportation Components is upon substantial completion of the Project. Maintenance requirements of Non -Transportation Components by Partnering Agency: Partnering Agency shall be, and is hereby, granted a non-exclusive, revocable license to maintain, repair, and replace the Non -Transportation Components, subject to the provisions of this Permit and during the term of this Permit. This includes the perpetual maintenance, repair, and replacement of the Permanent Landscaping within Parcels 75, 90, 91, 93, and 96 and in front of and/or adjacent to Parcels 86, 87, 88, 89, 92, 94, and 95 and R2833240220. Partnering Agency shall cause the Non -Transportation Components to be operated and maintained in good functioning order during the term of this Permit, in accordance with applicable law, the approved designs/plans, Partnering Agency's landscape and irrigation standards and specifications, and industry standards. This obligation includes, without limitation, grass and lawn care, pruning or replacement of gravel, trees, and shrubs, clean-up of litter and debris, weed removal, and application for shrubs, trees, and groundcover, as applicable. Any replacement and/or installation by Partnering Agency of additional improvements shall be accomplished in accordance with designs, plans, and specifications approved in advance and in writing by ACHD, in its discretion, and as required to satisfy applicable laws, its policies, and good engineering and landscaping practices. Additional conditions: 1. This Permit does not extend to Partnering Agency the right to use ally part of the ACHD Road Project area to the exclusion of ACHD for any use within its jurisdiction, authority, and discretion or of others to the extent authorized by law. 2. In accessing any part of the Road Project that has been accepted as an open public highway (as the term "highway" is defined in Idaho Code Section 40-109(5)), Partnering Agency's authorized use is subject to the rights of the public to use the highway. 5 3. The rights granted hereunder are subject to and subordinate to the rights of holders of easements of records and the statutory rights of utilities to use the right-of-way. 4. This Permit does not preclude or impede the ability of ACHD to enter into or grant easements or license agreements allowing third parties to access the Road Project area, or the ability of ACHD to redesign, reconstruct, relocate, maintain, and improve the Road Project and right-of-way as it determines necessary, in its sole discretion. 5. In consideration of the license granted by this Permit, Partnering Agency expressly covenants and agrees that the license granted herein is temporary and merely a permissive use of the ACHD right-of- way pursuant to the terms of this Permit. Partnering Agency assumes the risk that the license granted herein may be terminated before Partnering Agency has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Nora -Transportation Components, and by signing and accepting this Permit, Partnering Agency hereby waives and estops itself from. asserting any claim, including damages or reimbursement, that the license is in any way irrevocable because Partnering Agency has expended fiords on the Nora -Transportation Components and the Permit has not been ill effect for a period sufficient for Partnering Agency to realize the economic benefit from. such expenditures. 6. In the event Partnering Agency fails to replace, repair, maintain., and care for the Nora -Transportation Components, ACHD shall have the following remedies in addition to any other- recovery in law or in equity, provided that ACHD first gives Partnering Agency 30 days' notice and Partnering Agency fails to remedy such failure: (i) ACHD may revoke this Permit; (ii) ACHD may replace, maintain, and/or care for the Non -Transportation Components, and Partnering Agency shall reimburse ACHD filly for all associated costs; (iii) ACHD may remove, alter, redesign, or reconstruct the Non -Transportation Components or any part of the ACHD Road Project (including without limitation the right-of-way), or ill the case of landscaping, replace the Non -Transportation Components with hardscape, and Partnering Agency shall reimburse ACHD fidly for all associated costs; and (iv) ACHD naay refuse to issue any further Cost Share Permits or may other permits for fixture ACHD Road Projects until Partnering Agency complies with the conditions of the Permit. In addition, in the event of all emergency caused by Partnering Agency's failure to performi required maintenance, ACHD may immediately perform may and all emergency repairs or take other measures in connection with all emergency, and Partnering Agency shall reimburse ACHD fully for all associated costs. Term of Permit: Perpetual, until terminated or revoked pursuant to the provisions of this Permit. Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency will either, as directed by ACHD, (i) promptly remove the Non -Transportation Components and restore the underlying area to at least the condition present as of the date of this Permit, repairing and restoring all portions of ACHD's right-of-way and personal property, if any, that are damaged during such removal activities; or (ii) reimburse ACHD for its cost of redesigning, replacing, and/or reconstructing the right-of-way underlying the Non -Transportation Components. Any portion of the Non -Transportation Components that remain in ACHD right- of-way 90 days after the termination or revocation of this Permit shall be deemed abandoned, Cll and ACHD shall have the right to remove them or redesign, replace, and reconstruct the right-of- way underlying them and charge all costs to Partnering Agency. Additional provisions: This Permit is issued in connection with the following findings: Partnering Agency's Cost Share Application was determined by ACHD to be incomplete due to certain inaccuracies, including, by way of example and without limitation, the statement that Partnering Agency is not requesting any Non -Transportation Components. This Permit provides the terms upon which the incorporation of the Non -Transportation Components into the Road Project are approved. 1. This Permit is issued conditioned upon Partnering Agency's compliance with ACHD's Cost Share Ordinance No. 215 and all certifications made by Partnering Agency pursuant to this Permit. 2. This Permit is subject to the provisions of state and federal law and ACHD's Cost Share Ordinance No. 215, in effect as of the date of issuance of this Permit (the "Applicable Law"). In the event of any conflict between this Permit and Applicable Law, Applicable Law shall govern. In the event that any part of the obligations of Partnering Agency or of ACHD in connection with the Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the remaining obligations of Partnering Agency set forth in this Permit shall still be applicable. Future amendments and restatements of the Cost Share Ordinance shall not be applicable to this Permit. If any portion of the ACHD Road Project (including without limitation any portion of the right- of-way) is damaged as a result of Partnering Agency's action or inaction with regard to the construction, operation, and/or maintenance of the Non -Transportation Components or the failure or neglect to construct, operate, and/or maintain the Non -Transportation Components, then Partnering Agency shall, at its sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior thereto, and if Partnering Agency or its successors or assigns shall fail or neglect to commence such correction and restoration within 24 hours of notification thereof, ACHD may proceed to do so, in which event Partnering Agency shall reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACRD. 4. Partnering Agency shall be liable to ACHD for any and all damages, fines, fees, obligations to third parties, costs, expenses, attorney fees, or any other liabilities whatsoever resulting from Partnering Agency's failure to comply with any provision of this Permit and/or Cost Share Ordinance No. 215. Without limiting the foregoing in any manner, in the event Partnering Agency fails to comply with any provision of this Permit, then following any applicable notice and opportunity to cure set forth herein, ACHD shall have the right, in addition to all other rights and remedies elsewhere in this Permit, to redesign, replace, and/or reconstruct the Non - 7 Transportation Components and/or the right-of-way underlying the Non -Transportation Components, and in such event, Partnering Agency shall reimburse ACRD for all associated costs. The obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as it gives prior written notice to ACHD that specifies in detail what responsibilities are being delegated and identifies the third party. Notwithstanding any delegation to a third party, Partnering Agency shall remain and shall be ultimately responsible for the third party's compliance with the terms of this Permit, and no delegation shall absolve Partnering Agency of any duties or obligations of this Permit in any way. In addition, Partnering Agency fully assumes all legal risks of determining whether any such delegation is proper under applicable law and/or regulations, and shall not be absolved of any responsibilities under this Permit if it is unable to complete or maintain any such delegation for any reason. 6. Partnering Agency will protect, defend, indemnify, and hold ACHD and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of Partnering Agency, its agents, or contractors related to or in connection with the Non -Transportation Components and the exercise of any privileges or performance of any obligations by Partnering Agency pursuant to the terms of this Permit. Partnering Agency's obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 7. In the event the Non -Transportation Components will or may necessitate future maintenance, repair, relocation, or replacement that is not the subject of this Permit, ACHD shall in its discretion issue Partnering Agency an amended or an additional Cost Share Permit to perform such work. 8. ACHD shall at all times have the right to relocate, reconstruct, remove, or redesign any and all improvements that are part of the Road Project. ACHD will use its best efforts to advise Partnering Agency of any anticipated actions within the Road Project that would be likely to cause a relocation, modification, or other adaptation of any of the Non -Transportation Components, and the parties, to the extent reasonably possible, shall agree to a priority schedule regarding the same and shall attempt to cooperate with respect to planning and coordination as related to any such relocation, modification, or other adaptation of any of the Non -Transportation Components, If ACHD ultimately determines that any part of the Road Project must be relocated, reconstructed, removed, or redesigned, then Partnering Agency, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or redesigning the Non - Transportation Components, as required by ACED, which shall be accomplished by Partnering Agency according to designs, plans, and specifications approved by ACED in writing prior to any such work. Partnering Agency may also elect to remove all or a part of the Non -Transportation Components in lieu of any relocation, modification, or adaptation. Partnering Agency assumes any and all costs of itself and ACED relating to any future relocation of the Non -Transportation Components. 9. ACED shall at all times have the right to revoke this and any other Cost Share Permit granted to Partnering Agency to access any Highway or Public Right -of -Way. In addition, ACED may immediately perform any and all emergency repairs or take other measures in connection with an emergency, in which case Partnering Agency shall reimburse ACED fully for all associated costs. 10. This Permit shall immediately be revocable and/or cancelable by ACHD by providing written notice to Partnering Agency upon the occurrence of any of the following: (i) a determination by ACHD that any of the information submitted by Partnering Agency in the Cost Share Application is false or inaccurate in any manner; (ii) a determination by ACHD that Partnering Agency has failed to comply with any term or provision of this Permit or any other permit granted by ACHD to Partnering Agency; or (iii) a determination by ACHD that Partnering Agency has failed to replace, maintain, and/or care for the Non -Transportation Components as required by the terms of this Permit. Except in an emergency situation, ACHD shall provide Partnering Agency with 30 days' notice of the issue and an opportunity to comply prior to exercising such rights. It. The issuance of this Permit shall in no way obligate ACHD to provide Partnering Agency with additional permits or rights, nor shall ACHD be obligated to utilize provisions or rights set forth in this Permit in connection with additional permits or rights that it may elect to provide to Partnering Agency in the future. 12. All exhibits and any addenda to this Permit are incorporated herein. 13. This Permit is conditioned upon the signature of ACHD and Partnering Agency below. This Cost Share Permit is issued by the Ada County Highway District on the date set forth above: Ada County Highway District: The person signing below represents that he or she has the authority on behalf of ACHD to issue leis-P-�rm�r an+, the terms set forth herein. By: B-rtx . Its: Director City of Meridian: Acceptance/certification by Partnering Agency: The person signing below represents that he or she has the authority on behalf of Partnering Agency to accept and agree to the terms of this Permit and Partnering �,,e �-to.lhe terms set forth herein. By: Tammy de eerd Its: Mayor 9 Exhibits Exhibit A Project Plans Exhibit B Street Light Plans 10 EXHIBIT A GNi Kent Goldthorpe, President Paul Woods, Vice President Rebecca W. Arnold, Commissioner Sara M. Baker, Commissioner Jim b, Hansen, Commissioner Exhibit A is explicit to 99% plan sheets 1 and 7-16 of ACHD Project #313039; 100% platy sheets 1 and 4-11 of ACHD Project #512008; and 99% plan sheets 1 and 4-10 of ACHD Project #513038. All other plan sheets are not applicable to the cost share permit. 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Lc� a ek 'un d ga S".1 »< 00000 a - a„ 4 „e c 9 C U a J m O U �_m < a. m C C L F L C r �7 Agpg$10 ��m N o STA, _ _ 8 m w w � B 9 > v u; sa �- gillc of U a y 15 U e P m v l oo.W.4s -aI w4.n � e 0 g - I� 15 od�om j � a m 10 d6i1 L �zl YCL t1 as _ ° � ..• N . e1 E 0 t[o t V s, i 00 0 n e�l �O� Q Meridian City Council Meeting DATE: June 2016 ITEM NUMBER: 5F PROJECT NUMBER: H-2016-0004 ITEM TITLE: Meridian Property Group Modified Development Agreement for Meridian Property Group (H-2016- 0004) with Eddy Christensen, located at 1065 and 1 139 E. Fairview Avenue in the NE 1/4 of Section 07, Township 3N., Range 1 E (Parcel S1 1 071 20620 & S1107120650) 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 2016-057450 BOISE IDAHO Pgs=11 DAWN TRIVOLIS 06/29/2016 02:10 PM MERIDIAN CITY NO FEE IIIIIIIIIIIIIIIIIIIIIIIIIII III IIII IIIIIIIIII II IIS 00242290201600674600110116 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Eddy Christensen, Owner/Developer � THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this -Q day of I „� , 2016, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Eddy Christensen, whose address is 10221 E. Fairview Avenue, Boise, Idaho 83704, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property,; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the Annexation and Zoning of .62 acres of land with a C -G (General Retail and Service Commercial) zoning districts (as described in Exhibit "A"), under the Unified Development Code; and 1.5 WHEREAS, Owner/Developer has also submitted an application to terminate an existing Development Agreement (Instrument # 109134178) and include the property (as described in Exhibit "A") bound by that Development Agreement into this Agreement. 1.6 WHEREAS, Owner/Developer represented at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, that it had not determined how the Property will be developed and what improvements will be made except as generally described herein; and DEVELOPMENT AGREEMENT — MERIDIAN PROPERTY GROUP H-2016-0004 PAGE I OF 8 1.7 WHEREAS, the record of the proceedings for the requested annexation, comprehensive plan future land use map amendment and rezoning of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.8 WHEREAS, on the 1711' day of May, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.9 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and rezoning; and 1.10 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.11 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT -MERIDIAN PROPERTY GROUP H-2016-0004 PAGE 2 OF 8 3.2 OWNER/DEVELOPER: means and refers to Eddy Christensen, whose address is 10221 E. Fairview Avenue, Boise Idaho 83704, the owner of said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcels) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of the site shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines in the Architectural Standards Manual. b. Development of this property shall generally comply with the concept plan included in Exhibit A.2 and the building elevations included in A.3 of the Findings of Fact and Conclusions attached hereto as "Exhibit B". C. A minimum 25 -foot wide street buffer shall be constructed along the entire frontage of the site along E. Fairview Ave in accord with UDC 11 -3B -7C. Construct a minimum of a 25 - foot wide landscape buffer abutting the residential property to the south, unless modified by City Council, in accord with UDC 11 -3B -9C, d. The use of this property shall be restricted to the vehicle sales in accord with the specific use standards set forth in UDC 11-4-3-38. e. Future development of this site is no longer subject to recorded Development Agreement #1091341748. f. The applicant shall provide cross -access to 1035 E. Fairview Avenue (parcel # S 1107120677); the cross -access agreement shall be recorded prior to submitting an application for Certificate of Zoning Compliance and Design Review. g. Prior to CZC approval, the applicant shall demonstrate ownership of Lot 22, Block 1 of Touchstone Place Subdivision; and should include the lot in the overall site design of the property unless modified by City Council, in accord with UDC 11 -3B -9C. DEVELOPMENT AGREEMENT - MERIDIAN PROPERTY GROUP H-2016-0004 PAGE 3 OF 8 h. Future development of the site shall comply with the ordinances in effect at the time of development. i. The applicant shall obtain approval from Ada County Highway District and City Council for the right-in/right-out access via E. Fairview Ave. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67- 6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT - MERIDIAN PROPERTY GROUP H-2016-0004 PAGE 4 OF 8 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Cleric City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 DEVELOPMENT AGREEMENT - MERIDIAN PROPERTY GROUP H-2016-0004 PAGE 5 OF 8 OWNER/DEVELOPER: Eddy Christensen 10221 E. Fairview Ave. Boise, Idaho 83704 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, 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 other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein DEVELOPMENT AGREEMENT - MERIDIAN PROPERTY GROUP H-2016-0004 PAGE 6 OF 8 otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN By: Mayor de Weerd �V"D AUGUs?, yp ATTEST: 44° 4� V% Jacy Jone , City Cleric y�c Qom; �ryT6R o! Ihe���6J DEVELOPMENT AGREEMENT — MERIDIAN PROPERTY GROUP H-2016-0004 PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, On this 2,c, day of .: , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Eddy Christensen known or identified to me to be the person who executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEA] STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at: My Commission Expires: On this _SA)� _ day of y,he , 2016, before me, aNotal y Public, personally appeared Tammy de Weerd and Jacy Jones, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL)IV 'O' :4 140 0••••••• VC,juk L' Notary Public fer Idah� Residing at: ( _� Commission expires: rS DEVELOPMENT AGREEMENT -MERIDIAN PROPERTY GROUP H-2016-0004 PAGE 8 OF 8 EXHIBIT A Legal Description & Exhibit Map for Property to be included in the Development Agreement U�tJbnitad Boutrdartos, Ina dba ALS A�l q LAND SURVEYING & PLANNING kkL1103 W. 1611a St, Mddloton, !lobo MA4 209-585-5858 DESCRIPTION FOR INSTANT + Q ITY PROPEUMS P"Mc CIL 1 1.1.39 E FAIRVIEW AVE PARCEL NUNI E.R $11077.20620 That portion of that Parcel of Land as shows on that Record Of Survey No, 7426, recorded under Instrtnnent No, 106095763, Ada County Records, also being a portion of the. Northwest Quarter (Nwl/4) of the Northeast Quarter (NBl /4) of Section 7, 'Cownship 3 North, Range I Rast, Boise Meridian, City oflvteridiatt, Ada County, Idaho, being more Pnrtioularly described as follows: Commeneing at -the Northeast comer of said. NWIM of Ilia NEIM, from which tho notda quarter corner ofoaid Section 7 bears along the north line of said Section 7, North 89°28'06" West, 1320.52 feat; Thcnce, along said north line, North $9°28'06" N4Vcst, 85.00 feet; Thence, departing fronn said north lune, South 0090'53" West, 30,71 feet to th shutll right Of WAY line of Fairview Avenue and the POW Or MOYNNING; Thence, departing from said south right or way line ;and along the cast line of said Parol of Land as shown on said Record of Survey, South 00030'53" NYast, 219.29 feet to the northerly line of Touchstone Place Subdivision recorded in Bonk 107 of Plars At Pages 14842 through 14844, Ada County Records; Thence, along said northorly line, North 89°28'06*' West, 123.71 feet; 'Thence, continuing along said northerly line, North 00°30'53" East, 41.29 feet; 11ence, departing Crom said northerly line, North 00130'531* East, 177.28 .feet to said south right of Nvay line; Thence, along said south right of terry line along a curve to the right 123.71 feet said curve having a. central angle o1'00°07'26", a radius of 57,245.80 feet, and a long chord which bears South 89048'06" East a distance of 123.71 foot to the POINT OF BE, GINNING, containing 0.62 acres or 27,094 Square feet, more or less. R, Meridian Property Group - H-2016-0004 EXHIBIT A &ter r 1 s . , hL208-585-5858 DESCRIPTION VOR INSTANT EQUITY PROP]@RTIES PARCrM 2 1065 E FAIRVIEW AVE PARCEL NUIVIIM[t $1 107120650 ,`hat portion of that Parcel of Land as shoNtim on that record of Survay No, 74:26, recorded under instrument No, 106095763, Ada County Records, also beim; a portion of the Northwest Quarter 0ON11 /4) of the Northeast Quarter (NE1/4) /4) of Sectio 7, To,, ship 3 North, Mange I East, Boiso Merldia", City of Meridian, Ada County, Idaho, being more particularly described as follows, Commencing at the Northeast corner of the MVI/4 of the NTR1/4, from which the north quarter corner of said Section 7 bears along the north lino of said Section 7, North 89°28'06" 'West, 1320.52 feet; "171ence, along said north Iine, North 89°28'06" West, 208,73 feet; Thence, departing from said north line, South 00°30'53" Vr'ost, 31,43 feet to the setltlt light oI'�vay line ofrairv]ew A\reliue and the POINT OF DEGIi+I UNG; Thence, departing from said south right of catty line, South 00°30'53" West, 177.28 feet. to the northerly Iine of Touchstone Place Subdivision recorded in Book 107 of Plats at Pages 14842 through 14844, Ada County Records; Thence, along said northerly Iine, North 89°223'06" Nest, 194,03 feet to the east Bale of that certain Quitclaim Deed to Larry Johnson recorded under Instrument No. 2.015- 086074, Ada County Records; Thence, along said east line, North 00134'4 S" East, 175.61 feet, which is also -dong the east Iine Of the west 91.8.00 feet of the Northwest Quarter of the Northeast Quarter, «'hich is shown on said record of sunley, to said south right of way line; 'licence, Belong said south right. of wily line along a curve to the right 193.94 feet, said curve hating a radius of 57,245.80 f©et, u Central angle of 00°11°38" and a long chord which bears South 89°57'40" Fast a distance of 193.84 feet to the POINT GT RE' GI'hll ENG, coulaining 0.79 acres or 34,2.18 square feet, more or less, Meridian Property Group - H-2016-0004 EXHIBIT A i1.2w Meridian Property Group - H-2016-0004 175,41' 30. � I I Y' 11 O .� LN9 � O O O t^ az N y EA to � g 1�1 I O * �I en d 30. Meridian City Council Meeting DATE: June, 2< 2016 ITEM NUMBER: 5G PROJECT NUMBER: H-2016-0056 ITEM TITLE: Volante Investments Findings of Fact, Conclusions of Law for Volante Investments (H-2016- 0056) By Volante Investments LLLP Located at 2600 & 2700 E Overland Road 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: JuneX, 2016 ITEM NUMBER: 5H ITEM TITLE: Resolution Resolution No. l (0 - CI �& : A Resolution of the Mayor and City Council of the City of Meridian Reappointing Ryan Lancaster to Seat 9 and Appointing Brent Knezacek to Seat 8 of the Meridian Transportation Commission; and Providing for 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 RESOLUTION NO. ( (0 - [ I LL Z 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, REAPPOINTING RYAN LANCASTER TO SEAT 9 AND APPOINTING BRENT KNEZACEK TO SEAT 8 OF THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Transportation Commission, its members and terms of their appointments; and WHEREAS, Ryan Lancaster was appointed to Seat 9 on the Meridian Transportation Commission by Resolution No. 13-925 on May 22, 2013; and WHEREAS, Seat 8 of the Meridian Transportation Commission is currently vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment of Ryan Lancaster to Seat 9 and Brent Knezacek to Seat 8 of the Meridian Transportation Commission to be in the best interest of the Meridian Transportation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1, Ryan Lancaster is hereby reappointed to Seat 9 and Brent Knezacek is hereby appointed to Seat 8 of the Meridian Transportation Commission, for a term to expire May 31, 2019. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ATT: IC -AA) ADOPTED by the City Council of the City of Meridian, Idaho, this day of June, 2016. -y� APPROVED by the Mayor of the City of Meridian, Idaho, this �' day of June, 2016. RESOLUTION FOR REAPPOINTMENT OF RYAN LANCASTER AND APPOINTMENT OF BRENT KNEZACEK - MERIDIAN TRANSPORTATION COMMISSION Meridian City Council Meeting DATE: June, 2016 ITEM NUMBER: 6A ONXIII-111 I, L lJiN4 ITEM TITLE: Allumbaugh House Presentation by the Allumbaugh House 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 ANNUAL REPORT SEPTEMBER 2014 -OCTOBER 2015 Five Years - Planting Seeds of Change (b1� Services for substance abuse and mental health disorders are a reality for many in our community because of Allumbaugh House. We provide critical services to those who are uninsured or who would otherwise be unable to pay for health care. This past year of operations demonstrates that change is possible and results are measureable. This Annual Report underscores the necessity to provide an alternative, holistic and cost effective approach to behavioral health services in Idaho. Our commitment to shared funding is unique and your participation is critical to the continued success of our service provision. The Joint Powers Entity serves as the governing body for the Allumbaugh House. Current Board Members are: cll� Mayor David Bieter, City of Boise Mayor Tammy de Weerd, City of Meridian Deanna Watson, Boise City Ada County Housing Authority Gina Westcott, Idaho Department of Health and Welfare 14�� Rick Yzaguirre, Ada County Commissioner The Professional Resource Committee (PRC) is comprised of members representing the JPE and key community stakeholders. They meet regularly to discuss operations and report to the JPE. The PRC is chaired by Diana Lachiondo, Director of Community Partnerships, City of Boise. Allumbaugh House MEMORIAL ROSE GARDEN About Us Opening in May 2010, this regional detoxification and crisis mental health facility serves Region IV (Ada, Boise, Elmore, and Valley Counties) qualified residents. Clients are screened, assessed and administered treatment for detoxification, mental health disorders, and medical management based upon need. The facility is open for detoxification and crisis mental health services 24 hours a day and 7 days a week. Priority is given to clients with limited incomes and/or who lack health insurance coverage. Admission to Allumbaugh House is voluntary and based upon capacity. Allumbaugh House is possible due to strong community partnerships as well as the complementary patient services of Ada County, the City of Boise, the City of Meridian, Idaho Department of Health and Welfare, Saint Alphonsus Regional Medical Center, and Saint Luke's Regional Medical Center. The facility is owned and maintained by Boise City/Ada County Housing Authority and operated by Terry Reilly Health Services. Terry Reilly Health Services operates Allumbaugh House, a 9,200 square foot facility, and contracts with Sage Health Care for Medical Director oversight as well as psychiatric and medical care. Life's Kitchen provides lunch and dinner services and Terry Reilly partners with other community entities for operations and continuity of client services. 2015udge i ejpoz Total Budget $1,891,324 Income 2% Fiscal Yeai Carry Foward 9.5% St Luke 12% St Alphonsus 30 M Operating Budget 6% Medications a Medical Supplies 16% Operation 7o Department of alth and Welfare 1% Ada County 78% Personnel You helped me regain my health and spirit. There aren't enough words of gratitude to explain." - Josh 66 It is a blessing to know there is a place folks can go to in the midst of mental/chemical dependency crisis, even if they can't pay. I pray that God continues to use you as an instrument of healing. Be blessed:' - Martha Ave`Nra t+ 33 0k, II.%-rL-t,va,c ` On June 1st, 2015, Allumbaugh House formally celebrated five years of operations with congratulations offered by Mayor Bieter, Commissioner Rick Yzaguirre, and Allumbaugh House Medical Director Dr. Charlie Novak. Since opening on May 3rd, 2010, Allumbaugh House has provided treatment services to 4,236 patients. This facility has established a community presence and relationships that have resulted in an expanded continuum of care. This innovative public-private partnership has been recognized as a leader in the provision of mental health and detoxification services. This year, Allumbaugh House's Professional Resource Committee conducted a community needs assessment including thirty-one key stakeholders and partnering agencies. This effort sought to assess current community needs, identify gaps in behavioral health services, and the need for accessibility. The survey reaffirmed the necessity of the services that Allumbaugh House provides for the community. In addition to the steadfast support of funding partners who allow Allumbaugh House to continue serving the community, Allumbaugh House is staffed by a compassionate and dedicated staff who work tirelessly on behalf of their patients. Savings, to the Cost savings with Allumbaugh House treatment plan: $8,030 per patient Emergency Care Emergency Treatment Diagnosis: Alcoholic Detoxification Initial ER Visit: $1500 Hospitalization: $1,500 per day x 6 days Total: $10,500 Allumbaugh House Treatment 12000 Emergency Treatment 10000 Diagnosis: Alcoholic Detoxification 8000 Self -Referred directly to Allumbaugh House includes labs and medications 6000 4000 $405 per day Average 6.1 day stay 2000 j Total: $2,470 Does not include ancillary cost such as: • Law Enforcement • Paramedics • Fire Department • Incarceration 4 5 Years - Planting Seeds of Change Emergency Allumbaugh Care House Who we Serve Housing Status 97. of clients have stable housing, the remaining 577. are homeless. Admissions by Diagnosis Admissions by Gender Admissions by Age 80 70 60 50 % 40 30 20 10 0 o+�o.der I Males AL Females Under 20 20-39 40-59 Over 60 • Over the last five years Allumbaugh House has provided services to 2!-,� 36) patients. The average patient stay is 6J v?,m& A. On any given day, the census is RU.2 patients. Primary Substances of Abuse (through 2014) 2% Other �'� � �.. 8% Amphetamine 63� Alcohol 31 % Opiate *Many individuals require detoxification from more than one substance Where do our Patients come from? 51 % Hospitals or )cy Departments 33% Self -referrals 196 Thank you: For helping us help ourselves. For giving us a place to feel safe For being patient with the patients For respecting those who don't respect themselves For giving hope to the hopeless We need you We appreciate you Your good work inspires me to work harder on myself." -Erik 'KN `7i1, LrL'(El it Recognizing that recovery is an ongoing process supported by involvement in an active peer environment; the alumni group provides messages of hope and optimism, while sharing stories of challenges and successes. Returning alumni serve as an inspiration to the current patients that recovery is possible. The Allumbaugh House and Alumni Group mean the world to me. Every week I get the opportunity to come back to share my story and carry the message of sobriety to others. also get to visit with the incredible staff who never judge me and truly care for my well-being. They have always been there to support me in my recovery and are a huge part in saving my life. I truly love you all from the bottom of my heart." -Michael This Rouse In this house I have been afraid, sad, lonely and shy. But in this house I have never been alone. I have never been helpless. I have never been hopeless. I have never been lost. I have never been hurt. I have never been unwanted. /have never been an outsider. I have never been unheard. In this house I have been loved and cared for. I have been comforted. I have been uplifted. I have been supported. In this house I will always have friends. In this house I have been rescued. -Johny �-) 'When I was a patient at Allumbaugh House we had our first alumni meeting. I can still remember the feeling of hope that the group gave to me. They encouraged me as I re-entered the scary reality of the world. I am thankful for all of those who have helped me during this dark time in my life. I know that one day I can return the beautiful blessings that Allumbaugh has given me - faith, hope, wisdom, courage, and sobriety." - Jessi Trini's journey In 2010, Trini walked through the doors of the Allumbaugh House seeking help. At that time Trini had no way of knowing that five years later she would be sharing her success with supporters, community leaders and legislators at Allumbaugh House's Five Year Celebration. Trini is now contributing to the recovery of others as she is on staff with Allumbaugh House as a Psychiatric Technician and Recovery Coach. Here is her inspiring story: still remains the some. My story No matter how much I wish I could change my past, the facts are the facts. But those events of my past are what made me who I am today. I look at what I have done, who I have harmed, what I have accomplished, what I can and can't change. Do I often wonder what my life would be like if I had never taken that first drink on August 24th, 1980? Absolutely. But I did, setting the chain of events in motion. For 25 years I worked as an investment banker and lived the typical life. I owned two homes, multiple cars, I had a college education, and a pension. What I didn't have was the understanding that I was suffering from the disease of alcoholism. If I didn't find a way to come to grips with this disease, it would take me. January 2008 was when I realized something was seriously wrong. "Allumbaugh House is very near and dear to me. It's a reminder of where I was finally able to surrender" I credit my sisters with saving my life. They flew into my hometown, hospitalized me, packed a few things for me, and the three of us and two Saint Bernards set off for a 16 hour car ride to Idaho. It took a few years of numerous variations of treatment, as it so often does with addiction, before I could understand what all this meant. I experienced inpatient centers, outpatient centers, hospitals, etc. I was in and out of treatment facilities. I finally landed at Allumbaugh House in July 2010. 1 took a good look around and had to honestly figure out how I got there. This wasn't me; I had possessions, education, and a career. Ask an alcoholic, ask an addict, addiction doesn't care and the more you have, the more it takes. Fast forward 5 years. I now have the privilege of working in various roles for Allumbaugh House and an Intensive Outpatient facility. Allumbaugh House is very near and dear to me. It's a reminder of where I was finally able to surrender to this dreaded disease. At the time I admitted, I was cared for by the most amazing, empathetic and caring staff. I attribute my success to them and to how they treated me with absolute respect and dignity despite my circumstances and how I viewed myself. -- I 5 Years - Planting Seeds of Change 7 Joint Powers Entity Members Deanna Watson, Boise City/Ada County Housing Authority Gina Westcott, Idaho Department of Health and Welfare Mayor David Bieter, City of Boise Mayor Tammy deWeerd, City of Meridian Rick Yzaguirre, Ada County Commissioner Professional Resource Committee Members Kate Pape, Ada County Brian Hagler, Boise Police Department Diana Lachiondo, City of Boise Gina Westcott, Idaho Department of Health and Welfare Penelope Hansen, Boise Police Department Deanna Watson, Boise City/Ada County Housing Authority Todd Blake, Saint Alphonsus Loretta Constantinidis, Saint Luke's Bob Banks, Community Volunteer Financial Partners Ada County City of Boise City of Meridian Idaho Department of Health and Welfare Saint Alphonsus Regional Medical Center Saint Luke's Regional Medical Center Staff: Terry Reilly Health Services Heidi Hart, M.ED., LCPC, CEO Cindy Miller, RN -BC, Program Manager Sage Health Care Charles Novak, M.D. Medical Director Roberto Negron, M.D. Medical Director 400 N Allumbaugh St. Boise, ID 83704 208-377-9669 www.trhs.org allumbaughhouse@trhs.org i Allumbaugh House is operated by Terry Reilly Health Services and maintained by Boise City/Ada County Housing Authority v 'rIJ J'r C' TERRY REILLY Your Health. 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N N v .Q YO j p U N o w ai 3 3 rn� uop o v v o 0 o m v 3 O c o a) v ti, N v _ O ; ; Q- ," Q •Q U d N L s cr N 41 m U v m 3 uj O YLJ CL Y t� s cam) C w 7 E ' ...� u; p N3 m p m O (U -0Q T C E :L b @ N .::E L t2 m O. v N= (OE'm L � _ O_ C l" n L N Q E Y Y Ow N b0 - v {�� - 3 a Q S 7 N 01 .Y Y u N O c 00 p0) r.- OD y a p o y w =_ "= 3 J dl 01c YO O 1_ c a) m U— M1• m bC° L _ C O. m m p v E d 7 C Q m 4 N _ .: o=' j (U :uo v X O bb N -p N w •h0 0 '_' C N 0 m L C O "0 N O c C v SCL a) 6 C m i in p O L E U) m O N b0 m co }+ E u Tc `Q O � vYi :B )o Y+ U C o `u u o LI v d .= C "O i v O E N N u O } V v 3 to 0 a) v O y 0 a) o �'' bn v, N O 0 CL Q m H C N 0) to 0 C lu Y U 2 0 c� C 0 CL G E N N E Y II10 u 4141 Q) V Q) w 0 CL Q m H C N 0) to 0 C lu Y U 2 0 c� C 0 CL G E N N E Y Q u 4141 0 CL Q m H C N 0) to 0 C lu Y U 2 0 c� C 0 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Jenny 01 - General Fund 1840 - Other Government From 10/1/2015 Through 9/30/2016 OPERATING COSTS 53807 Allumbaugh House Total OPERATING COSTS DEPT EXPENDITURES TOTAL EXPENDITURES Budget with Amendments Current Year Budget Actual Remaining 57.459.96 43,095.00 14,364.96 57.459.96 43,095.00 14.364.96 57,459.96 43,095.00 14,364.96 57,459.96 43,095.00 14,364.96 Date: 6/21/16 04:03:59 PM Page: 1 Meridian City Council Meeting -I- DATE: June�1, 2016 ITEM NUMBER: 5a PROJECT NUMBER: ITEM TITLE: Construction Agreement Construction Agreement for the Five Mile Relief and Water Line Replacement at 8th Street Park Project with Granite Excavation for the Not to Exceed Amount of $815,927.38 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 ENDIAN�- Public IDAHO Works Department TO: Keith Watts FROM: Max Jensen Capital Projects Manager DATE: 06/17/16 Mayor Tammy de Weerd City Council Memberft Charlie Rountree Keith Bird )oe Borton Lune Cavener Genesis Milam David Zaremba SUBJECT: CONSTRUCTION AGREEMENT FOR THE FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8' STREET PARK PROJECT WITH GRANITE EXCAVATION FOR THE NOT TO EXCEED AMOUNT OF $815,927.38 I. DEPARTMENT CONTACT PERSONS Max Jensen, Capital Projects Manager 489-0344 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 II. DESCRIPTION A. Background The Public Works Department continually strives to increase reliability of the sewer collection system and the water distribution system through regular maintenance, expansion and replacement of the systems. The sewer replacement and expansion portion of this project was identified in the 2010 Meridian Sewer Master Plan to increase system capacity. The water replacement portion was recently identified due to its age. B. Proposed Project This project will construct 1,600 linear feet of sewer trunk line from the intersection of N. Chateau Avenue and NW 1 lth, through the 8th Street Park and to the intersection of NW 8th St. and W. Willowbrook Dr. The water line replacement will consist of 1,000 linear feet of water main from the intersection Page 1 of 2 CONTRACT FOR PUBLIC WORKS CONSTRUCTION FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK PROJECT # 10366.b THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this _(QS day of June, 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", 33 East Broadway Avenue, Meridian, Idaho 83642, and Granite Excavation, Inc, hereinafter referred to as "CONTRACTOR", whose business address is 23 Warm Lake Highway, Cascade, ID 83611 and whose Public Works Contractor License # is C -16558- U-2-4. INTRODUCTION Whereas, the City has a need for services involving FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 1 of 14 Project 10366.b 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $815,927.38. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 2 of 14 Project 10366.b 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 140 (one hundred forty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one hundred fifty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 3 of 14 Project 10366.b 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 4 of 14 Project 10366.b 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 5 of 14 Project 10366.b the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, 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. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 6 of 14 Project 10366.b amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 7 of 14 Project 10366.b representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 8 of 14 Project 10366.b Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 9 of 14 Project 10366.b 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian GRANITE EXCAVATION Purchasing Manager Attn: Josh Davis 33 E Broadway Ave 23 Warm Lake Hwy Meridian, ID 83642 Cascade, ID 83611 208-489-0417 Phone: 208-315-2991 Email: brad@araniteexcavation.com Idaho Public Works License #C -16558-U-2-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. End of text. Signatures to follow on next page. FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 10 of 14 Project 10366.b Signature Page Five Mile Trunk Relief and Water Line Replacement at 8`h Street Park Project 10366.b CITY OF ERIDIAN, GRANITE EXCAVATION, INC BY: BY: TAMW de D, MAYOR JOSH DAVIS, President Dated: ( Qli5 (10 Dated: € 5-1 p AUGUSTI j Approved by Council: IN Attest: y JA rFR of the tF4h� Purchasing Approval Depa, ment Ap o al BY: BY: f / KEITH WATTS, Purchasing Manager WARREN STEWART, Engineering Manager Dated:: Dated:: Project Manager Max Jensen FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 11 of 14 Project 10366.b EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1635-10366.B ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1635-10366.13, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate documents: Plans — Five Mile Trunk Relief and Water Line Replacement at 8th Street Park by Civil Survey Consultants, Inc dated March 2016 (11 pages) Special Provisions for Five Mile Trunk Relief and Water Line Replacement at 8th Street Park by Civil Survey Consultants, Inc dated April 11, 2016 (29 pages) Note: Work, excluding that required for SP 303.4.1.A.a — Exploratory Excavation, in 8th Street Park will not be allowed before September 7 2016. FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 12 of 14 Project 10366.b Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $815,927.38. NOT TO EXCEED CONTRACT TOTAL ....................... $815,927.38 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Item No. Description Quantity Unit Unit Price 205.4.1.6.1. Dewatering 1 LS $ 75,000.00 303.4.1.A.1. Exploratory Excavation 6 HR $ 355.71 (Pre -Approval Required) Imported Trench Backfill, Type A (Pre- 306.4.1.C.1. 380 CY $ 39.50 Approval Required) Imported Trench Backfill, Type C (Pre- 306.4.1.C.3. 100 CY $ 39.50 Approval Required) 307.4.1.E.1. Type C Surface Restoration 30 Sy $ 28.68 307.4.1.H.1.a. Full Width Surface Restoration — Roadway 4,069 Sy $ 24.22 and Parking Lot Full Width Surface Restoration — 291 Sy $ 26.17 307.4.1.H.1.b. Pathway 6" PVC, AWWA C900, DR18 34 LF $ 60.00 401.4.1.A.1.a. Water Main 8' PVC, AWWA C900, DR18 LF $ 35.00 401.4.1.A.1.b. Water Main 770 401.4.1.A.1.c. 10" PVC, AWWA C900, DR18 116 LF $ 61.00 Water Main 402.4.1.A.1.a. 6" Gate Valve 2 EA $ 1,038.37 FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 13 of 14 Project 10366.b 402.4.1.A.1.b. 8" Gate Valve 3 EA $ 1,332.00 402.4.1.A.1.c. 10" Gate Valve 2 EA $ 1,806.00 403.4.1.A.1. Fire Hydrant Assembly 2 EA $ 2,375.00 404.4.1.A.1. 3/4"0 Double Water Service Connection 9 EA $ 1,886.50 501.4.1.B.1.a. 8" PVC, ASTM D3034, DR35, Sanitary Sewer 55 LF $ 56.75 Pipe 10" PVC, ASTM D3034, DR35, Sanitary Sewer LF $ 64.11 501.4.1.B.1.b. Pipe50 501.4.1.B.1.c. 30" PVC, F679, PS46, Sanitary Sewer Pipe 1,476 LF $ 155.12 48" Standard Sanitary Sewer Manhole, Type 2 EA $ 7,455.25 502.4.1.A.1.a. 4 502.4.1.A.1.a. 60" Standard Sanitary Sewer Manhole, Type 6 EA $ 8,630.50 B 502.4.1.A.1.b. 60" Standard Sanitary Sewer Drop Manhole, 1 EA $ 10,700.25 Type B 601.4.1.A.5. 12" PVC, AWWA C900, DR25 Water Class 77 LF $ 60.37 Storm Drain Main 706.4.1.G.1. Concrete Repair 94 SY $ 60.00 1001.4.2.A.1. Staging Area 1 EA $ 3,826.00 1003.4.1.G.1. Straw Wattle 150 LF $ 2.50 1006.4.1.C.1. Inlet Protection 14 EA $ 64.00 1103.4.1.A.1. Traffic Control 1 LS $ 6,053.57 2010.4.1.A.1. Mobilization 1 LS $ 19,715.00 SP -1 Abandon Existing Sewer Main 9 EA $ 850.00 Connect Existing Sewer Service to New 21 EA $ 1,253.00 SP -2 Sewer Main SP -3 Lawn Sod Restoration 18,487 SF $ 2.30 SP -4 Tree Protection, Removal and Planting 1 LS $ 10,552.25 SP -5 Sewage By -Pass Pumping 1 LS $ 75,000.00 SP -6 Replace Existing Gate Lift Cover 2 EA $ 100.00 SP -7 Abandon Existing Water Main 4 EA $ 621.50 SP -8 Abandon Existing Fire Hydrant 2 EA $ 863.50 SP -9 Abandon Existing Water Service 9 EA $ 358.66 Replace Existing Sewer Service Line (Main to SP -10 P/L) Not Shown on Plans 200 LF $ 40.75 New Water Service Line (Meter to Building) — SP -11 200 LF $ 40.00 Not shown on Plans Connect Existing Water Lines to New Water 9 EA $ 378.50 SP -12 Service SP -13 Traffic Rated Vault and Lid 3 EA $ 754.12 FIVE MILE TRUNK RELIEF AND WATER LINE REPLACEMENT AT 8TH STREET PARK page 14 of 14 Project 10366.b Ci t y C o u n c i l M e e t i n g Ju n e 2 8 , 2 0 1 6 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 It e m # 8 D : T M C r e e k De v e l o p m e n t A g r e e m e n t M o d i f i c a t i o n !(X Y Ú Ú d Ú Ú d R1 M- E R- 4 0 L- O R- 1 5 R1 TN-R C- G C- C C- C R-8 C- N RU T R-15 R1 I-L RU T RUT C- C C- G RUT C-C R-40 TN - C H- E R-8 TN-R TN-C RUT R1 RU T R- 8 RUT W F r a n k l i n R d N T e n M i l e R d S T e n M i l e R d W S n y d e r S t W V e r b e n a D rS Lilac St W J a y t o n D r W N e w l a n d S t W S l a t o n D r W J a y t o n D r NRotanAve W S n y d e r D r N T all Pine Pl W P i n t a i l D r W W a l t m a n S tWCaC N U m b r i a H i l l s A v e W M a r b e t h C t W P e r u g i a S t W T r e v a D r N Ke a g a n W a yNTidwellWa y NWardAve S Larkspur St W T a s a D r N M a n s h i p A v e N M i n e r a lWellsA v e N S c o t n e y A v e S Moonsto n e W a yN Stucker Ave SLodestoneAve S N o v a L n N B r o w n f i e l d W a y Co n d i t i o n # 2 . 2 . 9 o f t h e F i n d i n g s a t t a c h e d t o t h e De v e l o p m e n t A g r e e m e n t a s E x h i b i t B : “S t r e e t s i g n s a r e t o b e i n p l a c e , s a n i t y s e w e r a n d wa t e r s y s t e m s h a l l b e a p p r o v e d a n d a c t i v a t e d , f e n c i n g in s t a l l e d , d r a i n a g e l o t s c o n s t r u c t e d , r o a d b a s e ap p r o v e d b y t h e A d a C o u n t y H i g h w a y D i s t r i c t a n d t h e Fi n a l P l a t ( s ) f o r t h i s s u b d i v i s i o n s h a l l b e r e c o r d e d , pr i o r t o a p p l y i n g f o r b u i l d i n g p e r m i t s . , pr o v i d e d ho w e v e r , t h a t o n e b u i l d i n g p e r m i t i s a l l o w e d p r i o r t o re c o r d a t i o n o f a f i n a l p l a t f o r t h e p h a s e i n w h i c h i t is lo c a t e d a s a p p r o v e d w i t h H - 2 0 1 6 - 0 0 6 7 . ” It e m # 8 F : B r u n d a g e E s t a t e s Zo n i n g / A e r i a l M a p Re v i s e d S i t e L a y o u t Pr o p o s e d P r e l i m i n a r y P l a t Pr e v i o u s B l o c k L e n g t h E x h i b i t RE V I S E D B l o c k L e n g t h E x h i b i t Pr o p o s e d La n d s c a p e P l a n Co n c e p t u a l Pa r k M a s t e r Pl a n Co n c e p t u a l B u i l d i n g E l e v a t i o n s Co m p o s i t e D r a w i n g o f Ov e r a l l C e n t e r s ’ P r o p e r t y It e m # 8 G : I s o l a C r e e k N o . 4 Is o l a C r e e k N o . 4 Un l e s s i m p r o v e d a s l i n e a r o p e n s p a c e , t h e C r e a s o n L a t e r a l is r e q u i r e d t o b e p i p e d i n a c c o r d wi t h U D C 1 1 - 3 A - 6 A , u n l e s s w a i v e d b y C i t y C o u n c i l . T h e ap p l i c a n t s h a l l p i p e t h e C r e a s o n La t e r a l i n a c c o r d w i t h E x h i b i t A . 4 o r t h e C r e a s o n L a t e r al a l o n g t h e e a s t e r n b o u n d a r y o f t h e ne i g h b o r h o o d p a r k m a y r e m a i n o p e n s u b j e c t t o t h e d i s c r e t io n o f t h e P a r k s D i r e c t o r . Meridian City Council Meeting DATE: JuneX, 2016 ITEM NUMBER: 8A PROJECT NUMBER: H-2016-0038 ITEM TITLE: Browning Plaza Public Hearing Continued from May 24, 2016 for Browning Plaza (H-2016- 0008) by SLN / Boise -Waltman, LLC Located 505, 521, 615 and 675 Waltman Lane 1. Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES eloo,vv�je� 4o 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: June2,1r, 2016 ITEM NUMBER: 8B PROJECT NUMBER: H-2016-0038 ITEM TITLE: Waltman Property Public Hearing Continued from May 24, 2016 for Waltman Property (aka Browning Plaza) (H-2016-0038) by SLN Planning/Boise-Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane 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 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: June �ZV, 2016 PROJECT NUMBER: H-2016-0061 ITEM TITLE: Harmony Hills Assisted Living Public Hearing for Harmony Hills Assisted Living (H-2016-0061) by Brian Carlisle Located 1521 and 1529 S. Tech LaneRequest: Amend the Recorded Development Agreement (DA) (Instrument # 1 081 1 9853) for the Purpose of Incorporating a New Concept Plan, Building Elevations and Certain Provisions of the Development Agreement 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: June24, 2016 ITEM NUMBER: $D PROJECT NUMBER: H-2016-0067 ITEM TITLE: TM Creek Public Hearing for TM Creek (H-2016-0067) by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road 1. Request: Modification to the Development Agreement for TM Creek to Remove the Requirement for the Final Plat to be Recorded Prior to Applying for Building Permits MEETING NOTES {�, rL L W ow-vCA�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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: June 28, 2016 Item # Project Number: Project Name: H-2016-0067 TIVI Creek Please print your name' For Against Neutral Do you wish to testify (Y/N) 7_1 _Y1 ,� Meridian City Council Meeting DATE: June;�Ie, 2016 ITEM NUMBER: $E PROJECT NUMBER: H-2016-0070 ITEM TITLE: Bainbridge Park Subdivision Final Plat for Bainbridge Park Subdivision for (H-2016-0070) by Brighton Development Generally Located South of West Chinden Blvd and West of North Ten Mile Road 1. Request: A Final Plat Consisting of 52 Building Lots, Seven (7) Common Lots and One (1) other Lot on 22.78 Acres of Land in the R- 8 Zoning District by Brighton Development 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: June24-, 2016 ITEM NUMBER: $F PROJECT NUMBER: H-2016-0001 ITEM TITLE: Brundage Estates Public Hearing Continued from June 21, 2016 for Brundage Estates (H- 2016-0001) by L.C. Development, Inc. Located East of S. Linder Road Between Victory and Amity Roads 1. Request: Preliminary Plat Consisting of 366 Building Lots, 20 Common Lots and 1 Other Lot on 136.63 Acres of Land in an R-4 Zoning District MEETING NOTES Cdr . Y\v CA '�I-/ I 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: June 28, 2016 Item # Project Number: Project Name: H-2016-0001 Brundage Estates Please print your name For Against Neutral Do you wish to testify (Y/N) Yti� 7 C , r^ Meridian City Council Meeting DATE: June, 2016 ITEM NUMBER: $G PROJECT NUMBER: H-2016-0050 ITEM TITLE: Isola Creek No. 4 Final Plat Continued from June 21, 2016 for Isola Creek No. 4 (H-2016-0050) by Isola Creek, LLC Located North Side of W. Ustick Road and East Side of N. Ten Mile Road 1. Request: Final Plat Approval Consisting of Forty -Five (45) Single Family Residential Building Lots and Four (4) Common Lots on Approximately 28.02 Acres in the R-4 Zoning District MEETING NOTES CoYN—V' vec\ A0 q (S Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: June 28, 2016 Item # Project Number: Project Name: H-2016-0050 RX Isola Creek No. 4 Please print your name For Against Neutral Do you wish to testify (Y/N) 'E I V E 77771�,­ Y arm ORGANIZED 1904 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 i' FAX # 208-463.0092 i Phones: Area Code 208 june 10;2016 OFFICE: Nampa 466.7861 SHOP: Nampa 466-0663 :Becky -McKay Engineering Solutions, LLP 1029.N. Rosario Street, Suite 100 Meridian, id83642, Mike Barton Parks Superintendent, Meridian Parks and Recreation Department ME Broadway, Suite 206 Meridian, ld 83642 RE Request_for further discussions on piping Creason Lateral at Isola Creek Sub. Dear Becky and Mike; I am writing this letter to request further discussions regarding the latest plans to not tile/pipe the Creason Lateral along planned phase 4 of Isola Creek Subdivision. As you are aware, Nampa & Meridian Irrigation District (NMID) was approached early on about supplying the labor to the the Creason Lateral, from the end of the current pipe line south and west to Ten Mile Road. At that time I indicated I would discuss this proposal with the NMID Board of Directors and recommend it's authorization if the pipe was supplied for installation..I strongly felt that this would be a very good plan for everyone involved, to head off future problems. With the planned land use changing from Agriculture to residential homes, a park, and pathway it will most certainly create conflicts in the future due to the required maintenance of this irrigation canal. Tiling the canal would eliminate many of these potential conflicts. At a meeting held on April 25, 2016 with the City Staff, a plan was proposed to move the pathway closer to the District's Five Mile Drain. At that time, it was relayed to me that the tiling of the east -west section of the Creason would not be going forward; I was disappointed to hear that the former plans had changed. Page 1 of 2 RECEIVED APPROXIMATE IRRIGABLE ACRES CITY OF RIVER FLOW RIGHTS - 23,000 CITY CLERKS 0FRC ' BOISE PROJECT RIGHTS • 40,000 Page 2 of 2 Soon after my meeting with the City, I was contacted by an agent of the developer and they indicated they too were discouraged by the latest plan to eliminate this section of tiling as well. They also feel that placing the canal underground would create a cleaner design and head off potential problems between the development, and our efforts to maintain the irrigation canal. At this time I would like to ask that the City reconsider the plans to the/pipe the Creason Lateral along the east -west routing to Ten Mile Road. I would be more than happy to meet with you and discuss this issue. Thank you for your consideration in this matter and please feel free to contact me at any time. Sincerely, Greg G. Curtis Water Superintendent Nampa & Meridian Irrigation District GGC Cc Each Director NMID D. Coon, NMID Sec. Treasurer Office/File A. Madsen Asst. Water Superintendent Meridian City Council Meeting DATE: JuneX, 2016 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Parks and Recreation Department Continued from June 21, 2016: Parks and Recreation Department: Bellano Creek Neighborhood Park Design and Naming Request MEETING NOTES (L k-c�5 n Ij (kw\,\n0� �regU -CS '- prVpV-Nf o` Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ju n e 1 4 , 2 0 1 6 Mi k e B a r t o n , M P R P a r k s S u p e r i n t e n d e n t Lo c a t i o n T e n M i l e Pr o p o s e d L a y o u t & A m e n i t i e s ◦ 8. 5 a c r e s ◦ 28 p a r k i n g s t a l l s ◦ Pl a y g r o u n d ◦ Re s t r o o m / p i c n i c s h e l t e r c o m b i n a t i o n ◦ Pi c k l e b a l l c o u r t s – 3 ◦ Ba s k e t b a l l c o u r t ◦ Op e n p l a y ◦ Pu b l i c a r t Bu d g e t ◦ $1 , 2 0 7 , 0 0 0 e n h a n c e m e n t r e q u e s t f o r F Y 2 0 1 7 Ti m i n g ◦ Fi n a l d e s i g n A u g u s t 2 0 1 6 ◦ Bi d D e c e m b e r 2 0 1 6 ◦ Gr o u n d b r e a k i n g F e b r u a r y 2 0 1 7 Pa r k N a m i n g ◦ Re t a H u s k e y ◦ Wr i t t e n n a m e r e q u e s t c o n s i s t e n t w i t h P a r k N a m i n g Po l i c y r e c e i v e d M a r c h 1 , 2 0 1 6 ◦ MP R C o m m i s s i o n r e c o m m e n d e d a p p r o v a l o n M a y 11 , 2 0 1 6 DATE: June Meridian City Council Meeting 2016 nwo PROJECT NUMBER: ITEM TITLE: Parks and Recreation Department Continued from June 21, 2016: Parks and Recreation Department: Bainbridge Neighborhood Park Design 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 Ju n e 1 4 , 2 0 1 6 Mi k e B a r t o n , M P R P a r k s S u p e r i n t e n d e n t Lo c a t i o n Pr o p o s e d L a y o u t & A m e n i t i e s ◦ 7. 5 a c r e s ◦ 22 p a r k i n g s t a l l s ◦ Re s t r o o m ◦ Pi c n i c s h e l t e r ◦ Pl a y g r o u n d ◦ Ou t d o o r g y m ◦ Pu b l i c a r t ◦ Op e n p l a y Bu d g e t ◦ $7 5 8 , 0 0 0 ◦ Ne g o t i a t i n g c o s t s h a r e w i t h B r i g h t o n C o r p o r a t i o n Ti m i n g ◦ Fi n a l d e s i g n A u g u s t 2 0 1 6 ◦ Bi d D e c e m b e r 2 0 1 6 ◦ Gr o u n d b r e a k i n g F e b r u a r y 2 0 1 7 Meridian City Council Meeting DATE: June 28, 2016 ITEM NUMBER: 11 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: 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: June �4, 2016 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: Ordinance nance Ivo. Meridian Property Group) of the Mayor and City Council of the City of Meridian Granting Annexation and Zoning for a Parcel of Land as Shown on that Record of Survey No. 7426, Recorded Under Instrument No. 106095763, Ada County Records Also Being a Portion of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE'/4) of Section 7, Township 3 North, Range 1 East, Boise, Ada County, Idaho, as Described in Establishing and Determining the Land Use Classification of said .062 nr-rPc mere nr IPQC frnm P1 M fn IC,Pnernl RPtnil andCP.r iir i= 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 2016-057451 BOISE IDAHO Pgs=3 DAWN TRIVOLIS 06/29/2016 02:11 PM MERIDIAN CITY NO FEE 1111111111111111 I'I'I II I'II 11111111 IN I I II I II I I I II Iii 00242291201600674610030039 CITY OF MERIDIAN ORDINANCE NO. I ' � (,oq BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2016-0004 — MERIDIAN PROPERTY GROUP) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND AS SHOWN ON THAT RECORD OF SURVEY NO. 7426, RECORDED UNDER INSTRUMENT NO. 106095763, ADA COUNTY RECORDS, ALSO BEING A PORTION OF THE NORTHWEST (NW 1/4) OF THE NORTHEAST (NE 1/4) OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RIM TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL) DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Eddy Christensen. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RIM to C -G (General Retail and Service Commercial) District, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION — MERIDIAN PROPERTY GROUP (H-2016-0004) Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. 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. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of � u_h e , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of Q , 2016. G MAYO Y de WEERD �,pf ED A UV ATTEST: W f. Clay Of E IIJTAN- _i ANO JACY JONES, CITY C SEAL ANNEXATION — MERIDIAN PROPERTY GROUP (H-2016-0004) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this o ^ day of `� Later e- , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JACY JONES, 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. 00064006 (SEAL)14 :: �'�,C' O �,�i•. !. :9;,•� SIC, •� Off; , _ _,, •� •66�AH0 6••• NA CWIV�Ab-L - AW NOTARY PUBLIQnFOR I AHO RESIDING AT: Wale_ � c� MY COMMISSION EXPIRES: i U ANNEXATION — MERIDIAN PROPERTY GROUP (H-2016-0004) Page 3 of 3 EXHIBIT A Legal Description & Exhibit Map for Property to be Annexed That portion of that Parcel of Laud u shomi on that Record of Survey No. 7426, recorded under Instrument No. 106095763, Ada County Records, also being a portion of the Northwest Quarter (NW1/4) of the Northeast Quarter (N1-114) of Section 7, 'fo%�Tzhlp 3 North, Range 1 East, Boise Meridian, City of Meridian, Acta County, Idaho, being more particularly described as fol€otivs: Commencing at the Northeast corner of said NW 1f4 of the NEI (4), from which the north quarter corner of said Section 7 bears along the norlit line of said Section 7, North &9'281W' Nest, 1320.52 fcct; Zhcnce, along said north line. North 89428'06" West, &5.00 feet; Thence, departing from said north line, South 00'30'53" West, 30.71 feet to the south right of Way line of Taiavicw Avenue and the PONT GI` BECTNNINC; Thence, departing frons said south right of way line atnd along 1he east line of said Parctrl of Land as shown on said Record of Survey, South 00°30'53" West, 219.29 feet to the northerly line of Touchstone Place Subdivision recorded in Book 107 of Plats at Pages 14842 through 14844, Ada County Records; Thence, along ,:aid northerly line, 6lorth 89°28'06" West, 123.71 feet; Thence, continuing along said northerly line, North 00°30'53" Fast, 41.29 feet; 'thence, departing from said northerly line, North 00°30'53" Past, 177.25 feet to said south right of-%vay line; Thence, along said south right of way line along a curve to tate right 123.71 feet said curve having a contra] angle of 00°07,06", a radius of 57,245.80 feet, and a long chord which bears South 89°4$'06" Fast a distance of 123.71 feet to the POINT OF BEGIINNING, containing 0.62 acres or 27,094 square feet, more or less. Meridian Property Group - H-2016-0004 EXHIBIT 13 PR �yto b �y n i G i m ry q ��34'J4'�8"E i7S.61' 36.89' t SE,.7Z' LTi EA Im p Im ro � oll ` 4i.P8" r� tvK(A m ------ -0 a -'31W so.as' 00 tnQ� Q Ut a : m 00 0 sna 3n' N 30.36' Meridian Property Group - H-2016-0004