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HomeMy WebLinkAbout2010 12-28IDIANI W IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 28, 2010 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Posting of Colors and Pledge of Allegiance: Boy Scout Troup #1 American Legion 3. Community Invocation by Larry Woodward with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of December 14, 2010 City Council Workshop Meeting B. Agreement for Medical Director Services with Dr. Butler -Hall C. Acceptance Agreement: Display of Artwork of Theodore J. Smith in Initial Point Gallery D. Professional Services Agreement for Neil Anderson and Associates for Design Services Related to Water Feature E. District Office Lease for Congressman -Elect Raul Labrador F. Resolution No. 10-767: Approving Lease Agreement Between the City of Meridian and Congressman —Elect Raul Labrador for Approximately 1,812 Square Feet of Office Space at Meridian City Hall G. 2010 Annual Report of the Meridian Solid Waste Advisory Commission Meridian City Council Meeting Agenda — Tuesday, December 28, 2010 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Order for Approval: FP 10-008 Paramount Subdivision No. 17 by Brighton Corporation Located South of Chinden Boulevard and West of Meridian Road Request: Final Plat Approval for 28 Single -Family Building Lots on 7.41 Acres in an R-8 Zoning District I. Task Order 0757a for Continuing Professional Services with Hydro -Logic, Inc. per the Terms of the Master Agreement Dated January 30, 2007, for Well Monitoring and Aquifer Testing for a Not -To -Exceed Amount of $85,000.00 6. Items Moved From Consent Agenda 7. Action Items A. Continued Public Hearing From November 23, 2010: TE 10-030 Harks Canyon Creek by JBS Enterprises, LLC Located at 1845 W. Franklin Road Request: Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved B. Public Hearing: PP 10-007 Kingsbridge by Boise Hunter Homes Located at East Side of S. Eagle Road, Midway Between E. Victory Road and E. Amity Road Request: Preliminary Plat Approval for 72 Residential Building Lots and 7 Common Lots on Approximately 38.31 Acres in an R-2 Zoning District Approved C. Public Hearing: VAR 10-003 Lanark Property by Ted Sigmont Located 3131 and 3163 E. Lanark Street Request: Variance to UDC 11 -3H -4C.3 Which Requires a 10 -Foot Wide Multi -Use Pathway be Constructed Along State Highway 55 / Eagle Road Approved 8. Department Reports A. Planning Department: Jason Werre Request to Have City of Meridian Deny Service to Enclave Parcel City will send a letter stating that the City can provide services upon a request for annexation. B. Mayor's Office: Community Liaison Update C. Public Works: Strategic Plan Discussion Approved Meridian City Council Meeting Agenda — Tuesday, December 28, 2010 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Public Works: Budget Amendment for Reimbursement Check From Developer JLJ Enterprises for a Not -to -Exceed Amount of $8,480.00 Approved E. Police Department: Budget Amendment for Meridian Police Department Spending Authority of Grant Funds From the Idaho Department of Juvenile Corrections for a Not -to -Exceed Amount of $4,404.00 Approved Adjourned at 8:44 p.m. Meridian City Council Meeting Agenda — Tuesday, December 28, 2010 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting December 28, 2010 A Council meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, December 28, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, Brad Hoaglun and Keith Bird. Others Present: Jaycee Holman, Bill Nary, Pete Friedman, Bill Parsons, Sonya Watters, Bill Johnson, Tom Barry, Rich Dees, Jamie Leslie, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd de Weerd: Okay. I will go ahead and welcome all of you to our City Council meeting. We thank you for joining us. For the record it is Tuesday, December 28th. It's 7:00 o'clock. We will start tonight's meeting with roll call attendance. Item 2: Posting of Colors and Pledge of Allegiance: Boy Scout Troup #1 American Legion de Weerd: Item No. 2 is the posting of the colors and the Pledge of Allegiance by Boy Scout Troop No. 1, American Legion. If you will all -- oh, wait. Someone is going to tell you to rise, so come on forward. (Pledge of Allegiance recited.) de Weerd: I would like to thank the Boy Scout Troop No. 1 with the American Legion. Thank you for leading us in the pledge and for posting the colors. I will note that this is the oldest troop in the state of Idaho and we are pleased to have you with us tonight. Item 3: Community Invocation by Larry Woodward with Ten Mile Christian Church de Weerd: Item No. 3 is our community invocation. We will be led tonight by Larry Woodward with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Woodward: It's my pleasure. And before I have our prayer tonight I just want to say that our community is blessed to have you folks as our leaders. We have a good community. These Scouts reflect that. And the leadership you provided this past year Meridian City Council December 28, 2010 Page 2 of 38 has been exceptional. So, my prayer tonight is going to be for 2011, because you don't know what's coming up yet. Let's pray. Our dear Heavenly Father, we thank you for the quality of our leaders here in Meridian. We have a good community. It's a community that people like to live in. It's a community that is safe and we thank you for the quality of life that we have here. Much of that comes because of the leadership here assembled tonight. My prayer tonight is for these leaders as they look forward to 2011, there will be things that come up during the year that they have no advance warning of and we just pray that our economy improves, that our housing grows, that our businesses flourish, but more than anything else that your wisdom is in these leaders and permeates our entire community, in Jesus' name, amen. Item 4: Adoption of the Agenda. de Weerd: Thank you for that. Item No. 4 is the adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: One item to note on the agenda for tonight. Under the Consent Agenda, number five, 5-F is resolution number 10-767. And with that, Madam Mayor, I move adoption of tonight's agenda. Bird: Second. Rountree: Second. de Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of December 14, 2010 City Council Workshop Meeting B. Agreement for Medical Director Services with Dr. Butler -Hall C. Acceptance Agreement: Display of Artwork of Theodore J. Smith in Initial Point Gallery D. Professional Services Agreement for Neil Anderson and Associates for Design Services Related to Water Feature Meridian City Council December 28, 2010 Page 3 of 38 E. District Office Lease for Congressman -Elect Raul Labrador F. Resolution No. 10-767: Approving Lease Agreement Between the City of Meridian and Congressman -Elect Raul Labrador for Approximately 1,812 Square Feet of Office Space at Meridian City Hall G. 2010 Annual Report of the Meridian Solid Waste Advisory Commission H. Order for Approval: FP 10-008 Paramount Subdivision No. 17 by Brighton Corporation Located South of Chinden Boulevard and West of Meridian Road Request: Final Plat Approval for 28 Single -Family Building Lots on 7.41 Acres in an R -B Zoning District I. Task Order 0757a for Continuing Professional Services with Hydro -Logic, Inc. per the Terms of the Master Agreement Dated January 30, 2007, for Well Monitoring and Aquifer Testing for a Not -To -Exceed Amount of $85,000.00 de Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: On the Consent Agenda as I noted, 5-F is resolution number 10-767. With that I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Bird: Second. de Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda de Weerd: There were no items moved from the Consent Agenda. Meridian City Council December 28, 2010 Page 4 of 38 Item 7: Action Items A. Continued Public Hearing From November 23, 2010: TE 10-030 Harks Canyon Creek by JIBS Enterprises, LLC Located at 1845 W. Franklin Road Request: Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: We will move to Item 7-A. I will ask if our clerk will, please, deliver these City of Meridian pins to our Boy Scouts for leading us in the pledge. Okay. Item 7-A is a continued public hearing from November 23rd on TE 10-030. 1 will ask for staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. The application before you this evening is a preliminary plat extension for a two year period. The subject property is located at 1845 West Franklin Road. The map in front of you this evening shows you that the northern portion is zoned C -C and the back portion is zoned TNR. Here is the proposed plat that you -- approved plat that was enacted by Council back in 2006. The southern portion, which is approximately 3.1 acres, was not part -- or was not platted with this plat and the preliminary plat itself encompasses approximately 6.29 acres. Moving quickly through this concept plan, this is what was proposed at the hearing before you in 2006 and I thought this painted a prettier picture than just seeing some lines on a map, so I did put that in the slide presentation for you this evening. Staff is recommending an additional condition of approval -- essentially when this project first came before you in 2006 the Ten Mile specific area plan was not in place and this property is now in that boundary of that plan. So, given the fact that there is C- C zoned property here and the townhomes are subject to the administrative design review, those items will be reviewed with the guidelines in the UDC and also the Meridian design manual. So, that's the only new provision that staff is recommending before you this evening. The applicant is in agreement with the added condition of approval and she is in the audience. And with that I would be happy to answer any questions you may have. de Weerd: Thank you, Bill. Council, any questions? Bird: I have none. Rountree: I have none. de Weerd: Okay. Any comments from the applicant? Okay. Thank you. Okay. Anyone that is here tonight to provide testimony on this item? Council? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Seeing no testimony, I move that we close Item 7-A. Meridian City Council December 28, 2010 Page 5 of 38 Zaremba: Second. de Weerd: I have a motion and a second to close the public hearing on Item 7-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I move that we approve the request for 7-1 -- 7-A and also recommend that the additional staff comment for the DA be included. Hoaglun: Second. de Weerd: I have a motion and a second to approve TE 10-030. If there is no discussion from Council, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: PP 10-007 Kingsbridge by Boise Hunter Homes Located at East Side of S. Eagle Road, Midway Between E. Victory Road and E. Amity Road Request: Preliminary Plat Approval for 72 Residential Building Lots and 7 Common Lots on Approximately 38.31 Acres in an R-2 Zoning District de Weerd: Item 7-B is a public hearing on PP 10-007. 1 will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. This project was acted upon by Planning and Zoning Commission at their November 18th, 2010, hearing. They have forwarded on a recommendation of approval before you -- to you this evening. Here is the application -- or the subject plat is on the east side of South Eagle Road midway between Amity Road and Victory Road. Phase one has platted already. The new plat itself encompasses 38.3 acres. It's approximately -- it's 72 residential lots and contains seven common lots. What I have tried to portray before you this evening is a -- I have tried to give you what was previously approved and what's currently being proposed this evening. Hopefully that comes across clearer than what I'm seeing in front of my screen. But on the left-hand side you can see that Kingsbridge came through, it had a little bit more of a curvier linear design, so, essentially, a different street network, larger lots were along the boundary and smaller lots to the interior. On the east side -- or, excuse me, on the right-hand side you can see the proposed plat. Again, has a grid system -- grid pattern street system. The lots are smaller interior, with Meridian City Council December 28, 2010 Page 6 of 38 larger lots on the exterior. What I have also tried to do in this exhibit for you is try to break it down into a little bit easier relationship and what I have proposed -- what I have shown on the left-hand side is what was proposed with the previous plat or a portion thereof. Keep in mind that Kingsbridge phase one has recorded and that portion of the plat included 53 lots and 20 common lots. On the right-hand side, again, I have broken down what the applicant's proposing before you this evening and what P&Z acted on at their hearing. So, if I can go through this very quickly, if you wouldn't mind. So, lot sizes for both plats started out at 12,000 as a minimum and the average increased up to 38,000 for the previous and 44,000 for the new plat. Average lot size for the previous concept plan was 17,200 square feet. Now the applicant's proposing 15,995 square feet. Gross density is approximately the same. The biggest thing that I'd like to point out on this graphic is really the mix of lot sizes. If you look at that the lot size is between 12,000 and 14,999 square feet. It's pretty comparable. The biggest difference comes between the lot sizes that are 18,299 with the plat and a number of lots -- 15,799 square foot lots proposed with the previous plat. So, the applicant's pretty consistent, again, in regards to what portion of Kingsbridge was approved under the previous and what they are proposing tonight. I think I pointed out the major difference to you is really the street design. Here what I have tried to do is give you a larger version, so you didn't have to keep going back and forth between the plats. If I can move to the landscaping plan before you this evening. That previous graphic I showed you showed that there was 5.32 acres of open space that the applicant's proposing. I'm sorry that I wasn't -- wasn't able to find out how much open space was proposed with the previous project. read through the minutes for that hearing back in 2005. Anna Canning, the planning director, testified that they had proposed ten percent open space and so with this plat, even though it's not necessarily part of Kingsbridge at this time, it's a stand-alone plat, the applicant is proposing to exceed the ten percent requirement of the UDC. The major portion of the open space with this plat versus the previous plat is, really, the -- the park and if I can go back to this common -- here is the previous concept plan. If you notice along the north -- if you can see my arrow here -- there is a pocket park planned for that northern half and, then, the applicant also had proposed -- at the time had proposed a larger pocket park to the south. With the new plat the applicant is proposing one large central park and, then, with that previous plat they have also showed this pathway that went along the perimeter and the applicant's proposing the same thing with this plat. So, as far as those things, it's pretty consistent. There are some things that need to be discussed with you this evening as far as pathways and waivers. The biggest thing is there is a 60 foot easement along the southern boundary of this proposed property. It is control of the Boise Project Board of Control. They are a federal agency. Looking through previous files and spots, speaking with the parks department, it appears that they are not in favor of having any landscaping or improvements within the northern portion of that easement. And so with phase one what the applicant did was stayed away from the northern portion and platted all their common space and their pathway on the southern portion and so in dealing with the parks department on this plat staff had recommend a condition that they coordinate with the parks department for an on -street path network. In speaking with the parks department this afternoon they are agreed to -- because that pathway is already constructed on the southern portion of the site with phase one that they would be happy Meridian City Council December 28, 2010 Page 7 of 38 with that just remaining on the southern portion when other portions -- other parcels to the south develop. So, keep in mind we won't -- with the parks recommendation we won't get a pathway with this plat unless Council sees fit to add that in there and keep with that condition. So, it may happen on the southern boundary when other parcels develop. So, it would be off site from this subdivision. The applicant did propose some elevations and I wanted to go through those quickly with you. Here is some of their two story models that they are proposing. In the upper right-hand corner is a single phase -- or single story and that's consistent with their DA. The recorded DA on the property does require that certain lots be constricted -- or restricted to single story homes. That's not changing. And, then, staff had noted that some of the elevations they provided were single story homes and so they just wanted to provide additional elevations for you to review tonight as well. And so if I could bounce back up to this concept plan and show you what lots are restricted. These four northern lots here are restricted to single story and, then, there is also three lots -- or, excuse me, three lots along the southern boundary that are also restricted as well. And if I could step back a little bit to the transportation issues or at least discuss with you some of the items that were talked about at the hearing. P&Z, basically, items of discussion were common open space lots and amenities. The buffer along the eastern boundary was originally meant just to be a land -- a setback for those adjacent property owners to the east and looking and delving into the code the deciding grass would not meet the open space requirements of the ordinance, so the applicant or staff -- P&Z endorsed staffs recommendation for a pathway and additional landscaping in that buffer. That recommendation was not changed and that condition stays in place as staff and Commission recommended. A lot of discussion was -- talked about this design versus the previous design. As mentioned to you -- I mean the street layouts have pretty much -- the lot counts are pretty much consistent, it's just really the street layout. Additional traffic through Dartmoor Subdivision was a concern with some of -- with the Commission or at least that came up as an issue. The Commission had some issues with no parking provided for the neighborhood park. The applicant is proposing that for you this evening. And, then, also there is -- this is a unique project in the fact that there was a recorded development agreement, but there is also a separate settlement agreement that the applicant has to abide to as well that's -- it's an agreement between them and the adjacent property owners and so that was a topic of discussion. And, then, of course, off-site improvements that could be approved with this site, citizen involvement in the new plat design. A lot of folks came out and had some issues with the new plat design, had some concerns with the developer, felt like they weren't involved in the process as much as the first go around and so what the applicant has tried to do is after the P&Z meeting they received that message from the Commission that they should really inform and involve those residence of phase one at Kingsbridge, because of the distress that they are in with the previous developer that these projects really needed to be married together, so that you could get one cohesive project to help maintain phase one and, vice -versa, residents of phase one could also become part of this project and get some great amenities as well and so those e-mails and those correspondence they should be attached in your packet this evening for your review to let you know what they have committed to doing and addressing those residents' concerns as well. The other issue was secondary access to the site. There is a condition in the staff report that they need Meridian City Council December 28, 2010 Page 8 of 38 to provide secondary access per the fire department. That issue has been resolved. And, then, one thing that came up was the R-3 zoning standards. Originally in 2005 this project was originally zoned R-3, but the city was going through the zoning -- UDC amendment to rezone the property to R-2 and so staff had always anticipated that, but the applicant came through with a PD and their lot sizes were always meant to be 12,000 square feet, they just wanted reduced frontages under the PD and that's why you really seeing the major redesign to this plat versus the old plat. It wasn't -- it didn't have anything to do with lot sizes, it really came down to lot frontages and that's why you're seeing more of a grid pattern tonight versus the curvier linear design. And, then, also there were quite a few folks that testified at the public hearing on this. I won't name all of them, but there was at least a dozen of them that came out and testified and so I think with the correspondence that you have in your packet, a lot of those issues have been resolved according to the applicant. The applicant's still trying to coordinate with the Dartmoor homeowners association, so that they can mitigate any additional traffic that may go through their subdivision and if you look at the exhibit before you you can see that I have provided a graphic or they have provided a graphic to me this afternoon that shows a planter island that they are proposing to install with some additional speed bumps to try to mitigate some of those additional -- that additional traffic from cutting through East Arlington Way and, then, cutting trough Dartmoor. The next graphic really shows it a little bit better. If you can follow my arrow here, this roadway here is currently constructed with phase one and here is Dartmoor Subdivision in the northwest corner or a portion thereof and that was a topic of discussion at the hearing before you and the residents of that subdivision were concerned about additional traffic cutting through their subdivision and that's why they worked so hard to get this design that you see right now. So, in order to address some of those concerns, again, the applicant is proposing that landscape island and some speed bumps to try to mitigate those concerns. To staffs knowledge there aren't any additional outstanding issues before you this evening. Because of that Ten Mile feeder canal the applicant is seeking a waiver to leave that tile -- excuse me -- that canal open. It is a large facility. Keep in mind that it won't be landscaped per the requirements of the Boise project, it would just -- typically the ordinance would require that to be an amenity, but given the fact that they are willing to work with the applicant or even the city at this point, given the recommendations from the parks department -- the information I received from the parks department more than likely it will be used by the residents, but it just won't be improved. It's more of a common lot so the applicant could go in there and keep the weeds down along the bank and so the residents don't have to look at a weed bed. That's really why you're seeing it. So, really, things -- so, the only things, to button up, just to recap -- if Council is so inclined to, chooses to go with the park's recommendation for that pathway on the south side of the canal, we -- staff is recommending that we strike condition 1.1.4 bullet number four and that would reference the requirement for the pathway on the north side or give them the option of doing an on -street pathway network. With that I'd be happy to answer any questions you may have. de Weerd: Thank you, Bill. Council, any questions? Bird: I have one. Meridian City Council December 28, 2010 Page 9 of 38 Rountree: Not right now. de Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Noriuki: Scott Noriuki. 3106 Ridgeway Drive, Boise, Idaho. de Weerd: Thank you. Noriuki: Mayor, Councilmen, thank you. I think staff did a great job of going over the history and the key points. I think you will see in your packet that we have agreed to these conditions and with that I stand for any specific questions I could maybe answer. de Weerd: Council? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: What tile size would be needed for the southern boundary if that were to be tiled? Noriuki: I haven't discussed that specifically with Boise Board of Project Control, but would anticipate somewhere in the neighborhood of probably 12 feet diameter or better. More than likely a box culvert. Rountree: Madam Mayor? de Weerd: Yes. Rountree: And in your discussions with Boise Board of Control are they opposed to any kind of landscaping or just trees and that sort of thing? It seems to me that something that can be maintained would be to their benefit. Noriuki: Yes. And that would be a further conversation with them. Their vision and guess willingness to work within that easement is to have all improvement, micro paths, public type use on the south side of the -- south side of the easement and the ditch. The reason why is the north side is their access road and they predominately just want to keep anybody out of there as much as possible and use it strictly for the ditch riders and the maintenance. However, I would be willing to talk to them if we can go from the edge of the access road up to our perimeter fencing of our lots and maybe put in some -- some dry land fescue grass or something like that, just to kind of keep the weeds down. I'm sure they would be open to that. Rountree: So, you will be providing perimeter fencing adjacent to the easement? Meridian City Council December 28, 2010 Page 10 of 38 Noriuki: Yes. Rountree: Okay. What you will do in the location where it crosses -- the bridge crosses the area, how are you going to keep people out of there? I guess that's my concern. Noriuki: Well, where it crosses the bridge that's within phase one and that was already constructed by the original developer, but from talking to Tim at Boise Board of Project Control he is going to allow us to install gates at the bridge location, as well as the southeasterly portion of the property. There is a lot of concern that some people are -- outside of the neighborhood are utilizing this access road, so they are going to allow us to shut it down, essentially, from a vehicular standpoint. Rountree: And what kind of emergency access will you provide? Noriuki: What we are going to provide is if you look at the southeasterly cul-de-sac -- can you go back to that slide? Or -- yes. Right there where Bill's put the arrow. We have got a 25 foot easement that we are putting in place there that we have worked with the fire department and that will stub into that access road. We will install three bollards and they will have the knox box set up on it just strictly for the fire department use. Rountree: Thank you. Noriuki: You're welcome. de Weerd: Any other questions from Council? Noriuki: Thank you. de Weerd: I do have several people who signed up. If you would like to provide testimony at the time I read your name and what you have marked on the sheet, please, come forward at that time. Craig Hamlet is for the project. Okay. Thank you. Audrey Wilde for. Hi. If you will, please, state your name and address for the record. Wilde: Sure. I'm Audrey Wilde. I live at 3758 South Merrivale in Kingsbridge. de Weerd: Thank you. Wilde: Madam Mayor, Council Members, I have been asked by my neighbors to read this letter. Meridian City Council: The purpose of this letter is to express the sentiments of the current residents of Kingsbridge phase one towards the planned development of Kingsbridge phase two by Boise Hunter Homes. The primary concerns of existing homeowners, upon learning of the Boise Hunter Homes proposal, included: Adverse traffic flow patterns as a result of the Kingsbridge phase two design changes. An adequate capacity and infrastructure in the community pool to handle the influx of Kingsbridge phase two residents. Control and administration of the homeowners Meridian City Council December 28, 2010 Page 11 of 38 association, including CC&Rs and ACCs, given the negligent track record of the original Kingsbridge developer. Finally, preservation of the unique look and feel of the Kingsbridge neighborhood as phrase two develops. After a slightly rocky start at the Planning and Zone hearing for this development, representatives of Boise Hunter Homes, including Scott Noriuki and Craig Hamlet, have made what we believe to be a genuine engagement with interested Kingsbridge residents on at least three occasions. They have made overtures and discussed solutions for each of the concerns listed above, as well as others. Boise Hunter Homes' written commitments to the current residents of Kingsbridge are seen as a significant gesture to work forward in good faith. These include investments to address the solvency of the Kingsbridge homeowners association and expand the pool area infrastructure, as well as other commitments. These commitments were submitted to the Meridian Planning and Zoning Commission on December 27th, 2010. At this point Kingsbridge residents feel that Boise Hunter Homes proposal to develop phase two is in the best interest of the broader Kingsbridge Subdivision and would be in support of the proposal. This support does not come without caveats, however. A principal remaining concern is that Boise Hunter Homes will have complete control over the HOA for sometime to come. This same predicament has existed in the past with the original Kingsbridge developer. When that developer became negligent and delinquent in the fulfillment of HOA responsibilities, there was no recourse or method to remove him from this position and transfer HOA administration to a more responsible party. Boise Hunter Homes has agreed to a partnership between yet to be created Kingsbridge neighborhood advisory committee and the HOA going forward. It is our hope and intent to assist in the amending of our HOA bylaws and CC&Rs in a way that will place the welfare of the overall Kingsbridge community at the top of the priority of the HOA. The privilege of an HOA leadership can and should be conditional upon meeting the fiduciary and documented responsibilities of the HOA. We look forward to working with Boise Hunter Homes in the crafting of these amendments. In closing we, again, emphasize that the Kingsbridge residents feel the development of Kingsbridge phase two by Boise Hunter Homes is in the best interest of all parties. Continued engagement and discourse with residents will be a key success factor in the creation of a community that both Kingsbridge residents and the City of Meridian can be proud of. Sincerely, concerned citizens of Kingsbridge. de Weerd: Thank you so much. Wilde: Thank you. de Weerd: Do you have any additional comments? Wilde: I do not. de Weerd: Okay. Council, any questions? Rountree: I have none. Bird: I have none. Meridian City Council December 28, 2010 Page 12 of 38 de Weerd: Thank you. Georgia Funk signed up in favor. Brett Funk and John Caldwell. Okay. Thank you. John Caldwell? Okay. Very good. Any additional testimony? Scott, would you like to respond? Comment? Zaremba: Madam Mayor, while he's on his way up, can I ask Bill -- on the view that we are looking at, would you with your cursor just kind of outline what phase one is? Where is phase one and what's phase two? Parsons: Sure. Madam Mayor, Council Member Zaremba, if I can go back to that aerial. What I have highlighted in black here is the new plat and what I haven't highlighted that's zoned R-2 is phase one. Zaremba: Thank you. Parsons: You're welcome. Zaremba: You did say that earlier. Somehow I missed it: de Weerd: Thank you. Noriuki: Just one closing comment. The conversation -- de Weerd: So, just again state your name. Noriuki: Oh, I'm sorry. Scott Noriuki. de Weerd: Thank you. Noriuki: 3106 Ridgeway Drive, Boise. I apologize. I did just want to reiterate, the conversation of the HOA and the CC&Rs has been really a cornerstone of the conversations and our commitments that we have submitted to you as the city, as well as the homeowners, we -- we do intend to keep those promises. And with that I'd stand for any questions. de Weerd: Council, any questions? Bird: I have none. Noriuki: Thank you. de Weerd: Scott, well, I would appreciate it -- it seems that a lot of headway has been made from just talking with the neighbors, so we appreciate that. Noriuki: Thank you. Meridian City Council December 28, 2010 Page 13 of 38 de Weerd: Okay. Any final comments from staff? Friedman: None. de Weerd: Council? I would entertain a motion to close if you so desire. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we close PP 10-007 public hearing. Rountree: Second. de Weerd: I have a motion and a second to close the public hearing on item 7-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I agree that talking to the neighbors seems to have solved a lot of problems. I guess the things we need to discuss I don't -- if the parks department is fine with having the eventual pathway completed by what would be new separate owners when another thing comes in on the south side, I don't have a problem with that. I do like the idea of something happening on the north side and I understand that the owners of the easement don't want it really landscaped, but as Councilman Rountree pointed out, there are other treatments that can be done. Grasscrete comes to mind, although I'm not absolutely certain what that is, but -- I mean low maintenance kind of things that at least would not leave it being dirt. So, I would -- I would have no problem with assuming that the eventual pathway is going to be on the side, I'd like to see something happen on the north side. I'm not sure there are too many other questions. Hoaglun: Madam Mayor, just to comment on that, at the same time if the pathway is developed on the south side, which is the plan, by the Parks Department, and, then, think that means we are leaving that untiled to have that water -- waterway going along. So, that's my thinking on that, so -- Zaremba: I did forget to mention that. I agree with that also. On leaving it untiled. de Weerd: Any further discussion? A motion? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Meridian City Council December 28, 2010 Page 14 of 38 Rountree: I move that we approve the request for Item 7-13, subject to staff comments, the developer's commitments to the city and the residents that the pathway that was originally proposed on the south 60 foot easement not be included and that a waiver be provided for not tiling the south waterway. Zaremba: Second. de Weerd: I have a motion and a second to approve this item. Any discussion? Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I, too, want to extend my thanks to Scott and the neighbors out there coming together and that's something that we strive to do on all of these and sometimes it happens sooner rather than later, but it's always good when it happens and thank you all. C. Public Hearing: VAR 10-003 Lanark Property by Ted Sigmont Located 3131 and 3163 E. Lanark Street Request: Variance to UDC 11-3H-40.3 Which Requires a 10 -Foot Wide Multi -Use Pathway be Constructed Along State Highway 551 Eagle Road de Weerd: And thank you for joining us this evening. Item 7-C is a public hearing on VAR 10-003. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a variance request to Unified Development Code 11 -3H -4C3, which requires a ten foot wide multi -use pathway to be constructed along State Highway 55 Eagle Road. Find my map here. This is a vicinity map here. The property consists of 1.39 acres. It's currently zoned C -G and is located at 3131 and 3163 East Lanark Street on the southwest corner of Lanark and State Highway 55 Eagle Road. This is an aerial view of the property and a copy of the existing site plan here. Eagle Road rises from about four feet to 20 feet above the parking level of the subject property. A significant slope exists between the parking area and the top of the grade where the pathway is required adjacent to state -- excuse me -- State Highway 55 and Eagle Road. Because there is not adequate area for a ten foot wide pathway to be constructed between the edge of the road and the top of the slope, the area would need to be back filled significantly at a considerable cost to the applicant. For this reason the applicant proposes to construct the ten foot wide pathway at the toe of the slope, as it would substantially decrease the cost of the pathway improvements, as well as provide a safer pedestrian route. Further, the applicant requests approval to defer construction of the pathway without submittal of surety for five years from the date of decision on this Meridian City Council December 28, 2010 Page 15 of 38 application to allow time to gain capital for the required improvements. This is a site photo. The subject property is here on the right. This is their parking area, landscaping, and, then, the edge of Eagle Road here where the pathway is required. Staff is of the opinion locating the pathway right next to the traffic on State Highway 55 and Eagle Road without a separation is not in the best interest of the public safety or welfare, nor does staff feel it's prudent to require the applicant to spend an exorbitant amount of money on improvements to place the pathway at the top of the slope when it could potentially be torn out with widening of State Highway 55 and/or the intersection. For these reasons and because of the existing topography of the site staff recommends approval of the variance in accord with the findings in the staff report. However, staff recommends a pathway not be required to be constructed by the applicant. If State Highway 55 or the intersection is widened in the future, pathway would be constructed by the Idaho Transportation Department as part of those improvements. Written testimony has been received in agreement with the staff report from the applicant Patrick McKeegan and comments have been received from the Idaho Transportation Department. Staff will stand for any questions the Mayor and Council may have at this time. de Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: None. Zaremba: Madam Mayor? de Weerd: Yes. Zaremba: I can understand the logic of the question being asked. Earlier discussions were about a sidewalk actually along Lanark, which would be the north boundary of their property. The picture we are looking at don't -- doesn't appear that that sidewalk was completed. Is that an issue as well? Watters: Mayor and Councilman Zaremba, Councilmen, I believe a sidewalk -- a five foot wide sidewalk was required along Lanark and, no, to answer your question it doesn't look like it was constructed. I'd have to look back at the previous approval on that to make sure that was a condition. But the subject of this variance is the -- is the pathway along Eagle Road. Zaremba: That's my only question. de Weerd: Okay. Hoaglun: Madam Mayor, just a clarification on that. Was that sidewalk to be on the north side as that shows and not on the south side? Was there just going to be a sidewalk on one side of Lanark? Meridian City Council December 28, 2010 Page 16 of 38 Watters: The property on the north side of Lanark is yet to develop. The property on the south side is the subject property. Hoaglun: Okay. Was it going to be -- my question is, Madam Mayor and Sonya, was is there going to be sidewalk on both sides or was it just a requirement on one side? Watters: There should be sidewalks on both sides. Hoaglun: Both sides. Watters: Yes. Hoaglun: Okay. Thank you. de Weerd: Okay. Thank you. Would the applicant like to provide comment? McKeegan: Thank you, Mayor. My name is Patrick McKeegan. My address is 280 North Latah Street, Suite 100, Boise, Idaho. I'm the architect representing Mr. Sigmont in this matter. de Weerd: Thank you. McKeegan: First of all, I didn't think we were going to talk about sidewalks, but -- at least the one on the north side, but I will. Am I to assume that if I put this on here it will show up there? de Weerd: Yes. McKeegan: We have an existing five foot sidewalk that goes from here to here and from here to here. If you look at that one photograph you can see our property line is right here -- Zaremba: Madam Mayor, that didn't show on mine. Holman: Mr. McKeegan? Mr. McKeegan, if you -- at the top of that board if you press either -- think there is red or green or -- pick one of the colors, then, when you write on it it will highlight it. McKeegan: Along the north property line -- de Weerd: You might show him how to use that. Anyone who knows. I don't know, so can't help you. Hoaglun: Is this when the disco ball drops from the ceiling and starts playing music? Meridian City Council December 28, 2010 Page 17 of 38 de Weerd: Got to love technology. All right. McKeegan: Continuing, Madam Mayor and Council. Six foot sidewalk exists along this line here. It's also across this island. Our property line is right here. This little section right here is about five feet and I believe at the time we did this project, which was 2006, we talked to staff at the time and asked if it was really any advantage to put in a little piece of five foot sidewalk that really wasn't going to do anything. So, we do have the five -- or the sidewalk from most of it. If it becomes a sticking point we would be glad to put in that little piece and, actually, all it would end up being is a handicap ramp because of the length that it would end at the property line. But it -- we are a little concerned about having something that started and, then, it just really ended and people thinking it was a -- the end of it into the -- what doesn't show up is there a drainage facility right in here that at this point is about four feet below -- below grade. The irrigation drains into here and, then, it goes into a -- a gate that goes under the -- under the street. So that I hope clarifies that. Zaremba: Thanks. That does help. And I -- since it's only that one little piece I'm guessing that if that section of roadway is rebuilt by the road -- by the ITD that that little piece will get corrected. McKeegan: I think that was a concern also. Zaremba: It's still connected if -- if they are putting a pathway. McKeegan: Yes, sir. Zaremba: Thank you. McKeegan: Okay. Moving on, I'm not going to go into a lot of detail, because I think staff did a good job in their staff report of -- of defining the situation and the arguments. I was pleased that ITD put in writing conversations we had sometime ago, I think it was actually during the rezone hearing for this property, that about the -- the problems we were going to have and their assertion that they really didn't want us to build anything because of the unknown nature. They talked about everything from -- from leaving it like it was, to widening it a little bit and putting in a sidewalk to probably having a -- there -- this is their property line right here. That's -- the rest of that is theirs and they said at some point we could even end up with a -- with a full height retaining wall there to add additional lanes for a inter -urban interchange down the road and we didn't want to do anything. We understand the need for the pathway. We certainly agree with the need for the pathway and the -- and what it represents. We just think in this case because of the unknown nature of this and we also believe that the -- when the pathway ordinance was -- was being drafted and talked about just about anybody who -- you ask them about Eagle Road, they have a vision of a very flat, you know, relatively long flat street and really didn't take into consideration this one little unique stretch, which, actually, you're going to have the same situation on the other side of the street also. So, we would concur with staffs recommendation that this requirement be waived at this time. I Meridian City Council December 28, 2010 Page 18 of 38 think Mr. Sigmont has stated multiple times of his good faith effort to comply with it, but we just -- you know, 35 to 50 thousand dollars for something that might be torn out is just not we think good use of our funds and ITD has indicated in writing that at sometime in the future when they do something with this intersection, that pathway will be provided through federal tax dollars, which really makes more sense, because it's something that's going to benefit the public at large, rather than this one individual taxpayer. So, I think that we have -- we know that this is something that because we are asking for a waiver of the requirement this time that -- it's not -- it's not never going to be built, it just is on another time frame and they indicate in their letter that they are currently under negotiations with a large property owner to the north, which are active at this time and that will have some bearing on what the time frame for this might be. So, with -- as staff indicated we have met the three criteria for granting a variance. We don't have a right or a privilege and otherwise not allowed in the district. This is a unique situation. It affects this piece of property. It would also affect the property to the south, but other than that the rest of the property owners along Eagle Road are not -- not really affected by that. Now, it's an undue hardship because of the characteristics of the site, I think that's pretty -- pretty obvious. In the picture it doesn't look like it's that much of a slope, but when you look at engineering drawings we have presented with the application it -- you know, going out 15 feet is a -- is a big deal and even, then, getting a three percent slope, which is a minimum we can go with, ITD just did not like that. So, we think it's -- we are just in between a -- we are in a unique situation here. And also it will not be detrimental to the public, health, safety, and welfare and I think we made the argument that actually placing a pathway directly adjacent to traffic that is going at a high rate of speed is not -- not the safest thing without a -- without a barrier, which is what the pathway -- the ordinance requires. And by putting it down below we think it would be a safe solution, but we also agree that, again, it's a pathway to nowhere until the property to the north develops and they are going to have a situation where they are going to have to figure out a way to dog leg back up and switch back to the -- to the main road where I think if we leave it up to ITD's engineers he will be able to come up with a solution that will meet the city's goals and the transportation goals. So, at this time I would request approval of the -- of staffs recommendations for a waiver of the requirement for the pathway and will stand for any questions. de Weerd: Thank you, Patrick. Any questions from Council? Rountree: I have none. Bird: I have none. McKeegan: Thank you. de Weerd: This is a public hearing on VAR 10-003. Is there anyone who would like to provide testimony on this item? Okay. Staff, any additional comments? Watters: None, Mayor. Thanks. Meridian City Council December 28, 2010 Page 19 of 38 Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Seeing no additional testimony I move we close the public hearing on VAR 10-003. Hoaglun: Second. de Weerd: I have a motion and a second to close the public hearing on Item 7-C. All those in favor aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: This makes sense to me and I would move that we approve VAR 10-003, with the comment that this does not establish a precedent. This particular intersection and area is unique in the difficulty of putting a pathway there. I would not encourage people in other parts of the city to use this waiver as a precedent. It applies only to this unique situation. And with that I move we approve it. Rountree: Second. de Weerd: Okay. I have a motion and a second to approve Item 7-C. Any additional comments? Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Planning Department: Jason Werre Request to Have City of Meridian Deny Service to Enclave Parcel City will send a letter stating that the City can provide services upon a request for annexation. de Weerd: I would like to take a moment and introduce our new ACHD commissioner elect Dave Case. Thank you for joining us. Okay. Item 8-A is our Planning Department. I will turn this over to Pete. Meridian City Council December 28, 2010 Page 20 of 38 Friedman: Thank you, Madam Mayor, Members of the Council. We have before you tonight a request from Jason Werre, if you will, to ask the city to issue a will not serve letter. Mr. Werre has been in discussions with city staff, both Planning Department and Development Services regarding a number of issues on property that his family owns at 770 West McMillan Road. You can see from the zoning map here this white enclave of country property just to the west of Cedar Creek and South of Paramount. There is an existing residence on the property, as well as an existing out building, and Mr. Werre had -- we initially started our conversations talking about annexation land use issues and it kind of morphed into a discussion about utilities. Mr. Werre wishes to expand or upgrade the septic system there. Because of the proximity to city services Central District Health, essentially, said either you need to hook up to city services or get the city to issue a letter that services are not available. Staff from both Planning and Development Services said, you know, service is available 95 feet away at the property line, so, therefore, we don't see how we can issue a letter saying it's not available. Mr. Reno from Central District Health said that in the absence of a letter from the city to that effect, then, he would issue a septic permit, but -- so, essentially, the city really doesn't issue will not serve letters -- I mean most commonly you get a request for a will serve letter and so we went about as far as we could in our discussions with Mr. Werre. He wrote a letter to the city clerk and, essentially, asked for this time to come before the Council and present their perspective, if you will, on that. As we see it the options right now that are available would be for the city to provide services and require the annexation, provide services without requiring annexation, or, in fact, direct staff to write a letter saying that services are not available. So, those are -- it's kind of a distillation of a couple hours worth of meetings that brought him here tonight. So, if you have any questions I would be happy to answer or wait until after you have heard from Mr. Werre. de Weerd: Okay. Council, any questions at this point? Okay. Rountree: Madam Mayor? Just a scenario comment to Pete. Could not the city issue we can -- we can serve at such time as the property is annexed, but not until? Friedman: We could. I don't know how Central District Health would -- Madam Mayor, Members of the Council, we could try, we could issue that letter. I don't how it would be received by Central District Health and Mr. Reno is away on vacation this week. I had one e-mail from him, but we can certainly follow up with that if you wish. Rountree: I just throw that out right now. de Weerd: Okay. I do understand that Mr. Werre is here. Would you like to comment? Thank you for joining us. If you will, please, state your name and address for the record. Werre: My name is Jason Werre. I'm at 14526 West Comisky Drive in Boise. de Weerd: Thank you. Meridian City Council December 28, 2010 Page 21 of 38 Werre: Madam Mayor, Council, thanks for taking the time to hear our plight this evening. Just a little bit of history. My father is here. He lives in Alaska. He's down for the holidays. The property was purchased for -- as a retirement home for him. We checked with the county before we purchased the property for land uses and the design of the property fit his needs, what he wanted as a retirement home, it had space, it had the shop, it had a lot of things that he wanted and one of the things that he wanted was a county lot with the restrictions and requirements that the county would impose on him and one -- after we had closed on the property received a letter from Ada County that the building permit which the shop that you can see -- is this pen working? Right here. This shop that was built there was not built under a valid permit that the shop was actually built over a section of the septic system. So, what we wanted to do -- and also that the house was -- there was a permit actually submitted and the house was almost doubled in size and the original septic system was never upgraded. And so we wanted to upgrade the septic system to meet the needs of the house and -- and to also be able to put a toilet in the -- in the shop or garage section here in the back, because it's a distance from the house and to walk back and forth didn't seem necessary. So, you know, as we went through the process what we found is that even though we are a county lot we are -- the only way that we can get the sewer system is to annex into the city, which, then, goes against, you know, all the reasons that we -- that we bought the lot to begin with. A county lot. So, you know, your idea of a letter saying that services would be available upon annexation I believe would work or I think would even be better would say services are not available because you are not annexed and, you know, I have spoken a lot with the state as well and that seems to be what he needs to go forward with the design of a septic system that would work. If we could not design a system that would work, then, annexation would be inevitable and we'd work with planning to go forward with that route. de Weerd: Thank you. Council, questions? Mr. Hoaglun. Hoaglun: Question. Have you done a comparison of the cost of connecting to sewer versus upgrade of the sewer system? Werre: We have. Hoaglun: And -- Werre: Well, it's going to be close in cost, but all of the cost analysis that we have done at this point has included annexation, which -- Hoaglun: So, it's primarily -- Madam Mayor annexed, as opposed to not being -- Werre: Right. We -- yeah. I would agree. So -- Hoaglun: Thanks. It's primarily just a matter of being Meridian City Council December 28, 2010 Page 22 of 38 Nary: Madam Mayor? de Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, just to give you some other history you may or may not recall. We had a prior request that was similar in nature on a business that was located at the corner of Franklin and Black Cat and at that time I think we did attempt the same type of response to Central District Health was that we would not provide services unless the property was annexed. That particular property had no concern about annexing, so it was a slightly different circumstance. But Central District Health was not supportive or wouldn't provide services until the city would submit that we would not provide them services. So, we certainly can try sending a letter saying we are not willing to provide services unless annexation is requested. I just don't want Mr. Werre to leave here thinking that may be adequate. It hasn't been adequate in the past, so -- and this would be uncommon for other requests to simply ask -- allow someone to rebuild a septic system right adjacent to our sewer line that's surrounded completely by city parcels. So, it's not a common request to get either, but just so you're aware -- in fact your direction to write that letter, we certainly can do that. We maybe seeing that again from Central District Health that they are going to want a more definitive statement of we will or will not provide services. de Weerd: Thank you. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: One of the difficulties with enclaves is that they -- or several of the difficulties, they cause consternation for our safety services, police and fire, and having an enclave in the middle of an area that has infrastructure for sewer and water is also problematic. But I guess my question to you, sir, would be what -- what is it that you want to do on the property that the city wouldn't allow you to do? Werre: Well, we discussed several different things. We have -- you know, my father hasn't moved down here, but we had discussed several different things. We don't have any definitive ideas or any definitive plans. Some of the things that we had discussed with the city just wouldn't work on this property if it were annexed and so -- my dad's a builder by trade and, you know, the idea of using that shop as a business had come up. my family -- my mother and my sister both own a beauty salon and we thought about, you know, using it for like a home business and we had talked to them about, you know, the traffic flow and, you know, what the requirements for that would be. We also did all the same homework with the county and when we weighed the two sides it just seemed that it made sense that given it was a county lot and that's the way we had purchased it, you know, that that's what we would go forward with, because it was just less restrictive for us and it would require less upgrade to the property and given our financial position Meridian City Council December 28, 2010 Page 23 of 38 we don't necessarily have the money to -- to make all the improvements that would be necessary to make the property function within the city and we had done all this research before we bought the property and we are kind of in this position of -- we are at your mercy. We just would like to be able to use the property the way that we had intended it to and, you know, at some point annexation is required, you know, then, we will go that way, but we would like the opportunity to continue the way we had intended and use the property in a simplistic say, the way it was purchased. de Weerd: It seems like the previous owners kind of dictated some of that by not getting a permit and doing -- Werre: There was two previous owners, yeah, and both of them kind of slid through. de Weerd: Yeah. Hoaglun: Madam Mayor, question for Mr. Werre. Just looking at this map -- and it's hard to tell from this aerial -- does that sidewalk continue to your property and, then, dead end on the left side? So, there is public access through that property. Okay. Just wanted to be sure that wasn't access from your house to the lane or something. Werre: No. de Weerd: Any further questions from Council? Rountree: I have none. Bird: I have none. de Weerd: Thank you. Werre: Thank you. de Weerd: Any additional comments from staff? Friedman: Madam Mayor, Council Members, really, the only other comment I would make is not related necessarily to the provision of city services, but it is just a little follow up on the land use question and that -- our initial meeting with Mr. Werre and his brother, we talked about a number of things and one was the ability to use that property if it were in the city in accord with their desires. We think it's possible to accommodate the salon, if you will, as a home occupation within the existing residence, provided it doesn't exceed our 25 percent floor area restriction, but the real rub really claim to the fact that the contracting business -- in effect it was a contractor's yard, which is not allowed in a residential zone and, secondly, our home occupation regulations do not allow any form of home occupation to occur in a detached structure. So, from a land use standpoint I think that was probably one of the biggest rubs, if you will, in terms of the desires of the Werres to use the property if it were to be annexed. Another related Meridian City Council December 28, 2010 Page 24 of 38 issue might be ultimate access to the property from Ramsbrooke Street eventually, as opposed to continuing it from McMillan if the property were to intensify in use or something like that. But, again, in my discussions with the county, you know, they went through a number of changes to their contractor's yard regulations a couple of years ago and, in fact, to some degree it sounds like a contractor's yard could -- they could apply for approval in the county to place a contractor's yard there. So, we -- again, as Council Member Zaremba said, this is where we are starting to get sort of that interface between the enclaves and city properties. So, I don't know if that sheds any further light on the matter for you or not. Hoaglun: Madam Mayor, question for Pete. I guess if they want a contractor's yard I'm assuming that's a public hearing process that they have to go through or is that just something that is automatic for Ada County to stamp? Do you know? Friedman: Madam Mayor, Councilman Hoaglun, Council, I'm not going to wager a certain answer on that. I would be happy to look into it. I would be inclined to say it might be a conditional use, but I'm not going to say that with certainty without checking with Ada County. It's been a long time since I had an association with the county. Hoaglun: Just -- Madam Mayor. My experience when we were in the county, just to tear down a house and build a new house on it we had to notify neighbors and get comments and go through that. So, I would be surprised if they didn't have to go through that, but, then, that brings up the question in my mind -- neighbors oppose that type of use that are in that subdivision there and we allow them as a county to move forward and, then, you have a continuing conflict between noise and different things that they complain about and we have to tell them, well, they are in the county, there is nothing we can do about it, call the sheriff or county commissions, that sort of thing, and -- and, then, you set up where it's not a good neighbor situation and that's one of the problems I see. Friedman: Yeah. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Since we have several Public Works representatives here I would like to have a volunteer to be put on the spot. My question is if -- if a salon were the choice, know that there is a lot of very serious chemicals that are involved with salons that sometimes go down the drain. I'm assuming we would rather have them permitted through the city, but what kind of a strain does that put on the septic system, do you know? Dees: Madam Mayor, Members of the Council, Councilman Zaremba, the whole reason for our sanitary sewer system is because of this where we are one. Our ordinances are written to prevent -- or to eliminate septic systems inside the city limits where services Meridian City Council December 28, 2010 Page 25 of 38 are available. Now, we have services available 95 feet from the home and we would just as soon get the chemicals and the things that are in the beauty salon or even in that shop out of there and so we can treat it. It would be in our view much better to do it that way than to put it in the ground and have it possibly go to ground water. Zaremba: Thank you. de Weerd: Council, any additional information needed? Rountree: No. I don't need any. de Weerd: Okay. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Given our long-standing position on these things is that we do not provide services outside of the city limits if there is an annexation route. Certainly there is an annexation route around the perimeter of this particular parcel, so we can provide services and we will provide services upon annexation of this property. If the folks choose not to annex at this point that's their choice and whatever DEQ decides from that, that's DEQ's choice. But I'm not in favor of providing services outside of the boundaries of -- or outside of properties that are not annexed to the City of Meridian. It will create all kinds of precedent and issues that we have been dealing with for years now and I just don't think we need to change our position. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I think I would state the same thing in a positive way. We are ready and willing to provide services. The condition is that they annex. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I agree with Councilman Rountree, but I would also state something. I'm not going to put my name to some letter stating that we cannot do it. I will not -- I'm not going to write a letter that's false -- a falsehood. We can supply it there, it's there, and what they want to do at DEQ and central district health, that's up to them, but I'm not putting my name to any letter that's not a hundred percent truthful. de Weerd: Okay. Meridian City Council December 28, 2010 Page 26 of 38 Rountree: Beyond that, Madam Mayor, I don't know what action is required on this particular item. I think our sentiment's been expressed and -- Nary: Madam Mayor, Members of the Council, I think what planning was seeking was -- I think you have stated it. The request was for the city to provide we will not serve this property and I know what you're saying is that we will not serve this property unless it's annexed. I don't know if you want us to write a letter that says -- I heard what Mr. Bird said, I mean we can serve this property and that's really what -- semantics aside, that's what Central District Health is asking. Can you serve this property and only once have we sent a letter saying we will not serve that property. So, I don't know if you want us to send a letter that says, essentially, we have the ability to serve this property and upon annexation we will provide services. That's accurate and truthful and we can certainly do that if that's your desire, but I would concur with what Mr. Bird said, that it's not very logical for the city to provide a letter that says we can't provide services when, obviously, we can. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: That would be the only type of letter I would be agreeable to is just what Mr. Nary stated. Rountree: I concur. Zaremba: Likewise. Hoaglun: Madam Mayor -- Zaremba: We can provide the service. There is a condition. They have to annex, but we can provide the service. Hoaglun: Madam Mayor, I was just going to clarify. So, all -- that the letter would state something along the lines: Although we can provide services, they have not -- the annexation has not be requested, so, therefore, services won't be provided. B. Mayor's Office: Community Liaison Update de Weerd: Okay. Okay. Item 8-13 is our Community Liaison update. Cavener: Good evening, Mr. President, Madam Mayor, Members of Council. Merry Christmas. Happy New Year. Feliz Navidad. It's been -- it seems like it's been a long time since I have been up here to speak with you and it's actually been three months and I found that really hard to believe, because there has been so many things that have happened in the past three months and I'm excited to speak with you about a lot of them here tonight. What I have really found is that my daily duties fall into one of three Meridian City Council December 28, 2010 Page 27 of 38 categories. Assisting, that basically, someone comes to our office or calls or sends me an e-mail with a question or a concern or put them and the appropriate parties to, essentially, find a resolution. Outreach. So, communicating with the public or an organization or an individual regarding a piece of information. A great example of that would be -- is this -- on Monday we sent out a Facebook and a Twitter post reminding everyone that while City Hall is closed this coming Friday, trash collection wouldn't be affected and people were really excited to hear that they didn't have to worry do they put their cans out on Friday or Monday or Thursday. We also took that opportunity to share with people that this week is unlimited trash collection, so people who had Christmas parties or excess plastic wrapping for their toys, that they could put that out and it would be collected in the trash. The third part of my daily duties is really coordination and that's finding assistance with someone who is in need or wanting to do something. Another great example of that is the Ada County Juvenile Courts contacted our office because they have a group of youth offenders who are looking for service projects. At the same time I became -- made aware that the Meridian animal shelter had a need to have some people come in and help with a variety of cleaning duties, spending time with the dogs. So, I was able to bring together the police department and the animal shelter and the Ada County youth offenders and now every week these youth offenders are going out and doing a variety of maintenance tasks, as well as working with the dogs. I really see that as a win-win for both sides. We bring in free labor and we give these youth offenders an opportunity to connect with an animal, which I think can be very rewarding. All of these things in my daily duties really result in building what I think is a stronger, more involved community and by being a more involved community, that -- we have a variety of different events and activities that also kind of play a part with my daily duties and I would also like to share with you a little bit about those tonight. First off, our town hall meetings, which are a great opportunity that we have to interact with our community outside the walls of City Hall. Believe it or not there is another town hall meeting coming up next week January 5th. That's called Meridian Unplugged. And this is one of my favorite town hall meetings, because we really turn the microphones over to our community. They are the ones that have the opportunity to ask and address the questions that are on their mind, things that are important to them. Our town hall meeting will be January 5th at the Paramount community center at 6:30 p.m. This was our most popular town hall meeting last year and I expect for it to be equally popular this year. Since we last spoke we actually had another town hall in October that was put on in conjunction with the Planning Department and it focused on our Comprehensive Plan. It was out at the Meridian library and it was really successful based on the amount of communication and dialog that we had with the public. I know that planning was really pleased with them. The feedback that they receive and they are continuing to use those people as resources as they move forward. For our upcoming town hall this next week we wanted to do something a little bit different to reach out to people and so we put together a letter that the Mayor sent out to all homeowners association representatives inviting them to come to the town hall meeting. Also, to make them aware of the upcoming state of the city address. We also use it as an opportunity to, again, share our message and we have received a lot of questions about snow fall and who is responsible for plowing the roads and so we use this opportunity to send that information out to our homeowners association presidents, vice-presidents, or property Meridian City Council December 28, 2010 Page 28 of 38 managers to pass that information on to their properties. Another project that we have been working on to really reach outside the walls of City Hall are two fold. They really revolve around the video front. Every week we have now produced a weekly one to three minute video on our website and our Facebook page called This Week In Meridian. And it's really a community calendar video that provides all the things that people need to know that's going on in Meridian. So, we do things like this is the basketball or the football game of the week, these are the events that are happening, like the tree lighting ceremony. Also to share information like City Hall closures, change in trash collection, and things that we think are really valuable to the public. We also use it to promote events like Coffee with the Mayor, town hall, State of the City, et cetera. It's been a very popular feature both on our Facebook and on our website. So popular, in fact, that when I went to the Chamber of Commerce last week they are looking to try and replicate something similar to use for the chamber to promote chamber activities and events. In total we have had I think 34 videos. Each one is hosted by a city staff member, so we are also sharing information to the public. We are also putting a face on City Hall and exposing city staffers to the public, so they can begin to build a relationship with people via computer. The second project I'm going to talk about is Celebrate Meridian, which is a half day focus on our community. It's hosted by our Mayor. We have had four episodes. We do it in conjunction with Mountain View High School. It's pretty incredible to see the talents and gifts that 15, 16, 17 and 18 year old students have. They help us put on a 30 minute video each week that is really an opportunity to share everything that's going on in Meridian. Previous guests have included Dr. Clark, Representative Mark Hagadorn, Senator Russ Fulcher -- even our own police chief has been a guest as well. I'm also happy to reports that this -- the Celebrate Meridian will begin running every week Thursdays at 8:00 o'clock on PVC TV Channel 39. So, you can set our DVRs or watch it live if you're interested. One of our features on Celebrate Meridian is youth. We highlight a youth each month and I know that it's been the youth Council's privilege to come in front of you every month and share a little bit about what's going on with MYAC. I'm just amazingly proud of these young people. We currently have about 40 to 50 active members, which is a much higher amount of students this year than we were at last year. The vast majority of them are still active and involved in all the different projects and events that we have done. We participated with Rake Up Meridian and the Winterland Parade. They walked in the parade and actually collected a little over 125 dollars that they donated to the Meridian Food Bank. Not bad for a couple hours walk in the cold. Next month they are having an event called Ignite Youth. Ignite is a program that happens all over the world. It basically says if you had five minutes and 28 PowerPoint slides what idea would you share. And for the first time ever we are going to be putting on a night event that's put on by people 18 and under. It's been very successful in Boise with kind of the creative class and we are really excited to see what ideas high school students put on. We have been receiving some submissions, some unique ideas that they would like to share. It includes the classification of mobsters. Might be interesting. Little ways that people can make a big difference. And a talk on nomming, which I have been told is the art of eating good food. So, they have got some wild ideas that they are looking to share. Our youth council continues to be leaders of the youth community. Members of the Eagle Youth Advisory Council will be coming to our youth council in January to see the Meridian City Council December 28, 2010 Page 29 of 38 strategy that we use to be successful. When Eagle was looking to rebuild their youth council they talked to everyone and everyone said you need to go talk with Meridian. So, we are excited to have them in January and showcase that we are the best. Since we last spoke there has been a couple other events that I wanted to update you on that I was -- when I spoke to you last time was going to happen and I wanted to give you an update of what occurred. The first one was Meridian Business Day four. Again, another successful event here at City Hall. What we did differently this time is we allowed attendees to vote on who the speakers and presenters would be. One of the people who was selected was John Tyler. He was selected as our keynote speaker. He owned Furry Tails Magic and performed at movie night and was really an inspirational figure and because of his story was selected to be the keynote. Unfortunately, John Tyler passed away right after Thanksgiving, but right before he passed he shared that one of his highlights in his career was speaking at Meridian Business Day. I was excited to be a part of that. I thought he gave a great speech and even gave our fine Mayor a hard time. While Business Day has kind of changed from what it was initially designed to be, I think that we will see kind of a pulling back. Instead of being a twice a year event it's going to be a one time a year event, which I think is the right decision. Edition three is going to be focused on driving business. My thoughts are that if people are taking a half a day out of their work schedule they better be building their business to see some value in it. So, I think that you will see a return focus on building and driving business as part of Meridian Business Day. Another event that I was speaking to you about was our community block party, which was put on in conjunction with our faith ambassadors and the parks and rec department. So, the first time out this was an immensely successful event. We had a little over 2,500 people come spend part of their Saturday at Settlers Park. We had six bands, a ton of free hamburgers and chicken wings. The majority of our sponsors have signed on again to participate next year and I know the parks department is excited to begin planning this. think they are going to start working on this in February or March. I really love this event, because I thought it was a very Meridian family friendly event that people can come out and enjoy a Saturday in one of four fine parks. Being out in the parks and interacting with the community is really my favorite part of my job and seeing what's on people's minds, talking to them, engaging with them, and that's something else that I wanted to speak with you about tonight is that I really think that if we are not -- if I'm not communicating and I'm engaging with the public, I'm really not doing all that I should be. And while I do that through a variety of different -- different mediums, one thing I wanted to share with you a little bit about tonight was our -- is our social network and working with Facebook and Twitter. Since I last spoke to you messages that the city has sent out to our Facebook and Twitter have been received a little over 60,000 times on Facebook and Twitter. We have also received between three and four hundred unique pieces of feedback and why I deviate between the numbers is unique can be a comment where someone asks for further information. And Facebook also provides a person the opportunity to write something, basically, it's a -- just a quick way to say I support that message. And we receive a lot of different formation mediums that we pass out. Two weeks ago I received a message on Twitter from -- from one of our followers that says I always know more about what's going on in Meridian than Boise and that's where I live. Thanks for the updates. Keep them coming. On Facebook Meridian City Council December 28, 2010 Page 30 of 38 received a message from a resident of Meridian, Mississippi, who follows us on Facebook because he just likes to know what the other Meridian is doing and likes to suggest ideas to his city for ways to be more involved. Really unique ways to engage with people that we never would have had that opportunity. But we also recognize that, you know, interacting with people happens more than just behind the computer. And while we took a great opportunity right before Thanksgiving when we kind of had snowmegedden and everyone was wondering what buildings are open and what buildings aren't, we usually took to Twitter and Facebook to let people know these are the schools that are closed and the senior center is open and the library is open. That the Boys and Girls Club is going to be open for students whose parents need to go to work but school is closed. And I really liked it in that we were able to take kind of a one step further approach and the media was I was able to get on the reporting that Linder Road was closed. Don't take Linder Road, you can't get on it. And I was able to get on the phone with ACHD and correct that information, that, no, Linder Road was open and, then, coordinate with the media to let them know and then sent the message out, no, Linder is open. It's okay to use it. It's -- it's doing more than just sending out information, it's engaging with those other people that also passed the information out. There are some benefits, though, to social network. I think people feel more comfortable in sharing something, whether it's a compliment or maybe a suggestion for ways that we can improve things when they are behind the computer. Examples we get -- it seems every couple weeks questions about the -- when is the next dog park going to be open. Ways that they can get involved with the dog park and it's been great to funnel those people to the dog park task force and get them engaged. There is a very active group of individuals from Wirestone and Channel 6 that are avid disk golfers and it wasn't until we finally sent the announcement out that, hey, you can go play at Bear Creek that they quit hounding me. It was every week, when is the disk golf course going to be open? When can we get out and play. And now that it's open they have let me know how much they love it and how much they have enjoyed -- it's unique ways to interact with people. Moving past getting behind the computer, we still continue to attend HOA meetings. Sometimes they want myself or someone to come to talk on a particular subject, maybe it's a new park opening or ways to, you know, get involved or donate their time. Sometimes they just want somebody from City Hall there in case a question comes up and we continue to attend every HOA meeting that they would like us to come. Some are really excited. Some know that I may talk too long like I'm doing here tonight. They say we will wait until the next meeting when we have a smaller agenda. We also get pop -in meeting, at least two or three times a week someone pops into the Mayor's office with just a quick question or a concern and I like being able to be there to answer and address them and set them in the right direction. Again, it goes back to those kind of three duties I really see myself doing. Because of that we are looking to develop a program called Meridian 101, which is a one hour either evening or weekend class for people who are new to the area, that want to know where is the post office at, who is the cable company, where do I pay my water bill, things that people that have lived here forever know the answers to, maybe they want suggestions for food, where is the best place to get the best cheeseburger in town and we want to put together just kind of an informal informational session for those people to come. Our faith ambassadors have really gravitated toward this and have been willing to volunteer Meridian City Council December 28, 2010 Page 31 of 38 their time to get involved and educate people about what's going on in our community just as quick as someone who just showed up. Last week -- last Tuesday a gentleman showed up who wanted to volunteer his time on Christmas Day. Now, it's oftentimes very difficult to find a volunteer opportunity on a specific date and time, let alone Christmas Day, but that was the time that he had set aside and he and I were able to work together. He really wanted to work with veterans, so I got in touch with the VA and he was able to go spend his Christmas morning at a veterans home helping them with a variety of different things. It's great opportunities like that for our community that when they come in they have got someone who is kind of their resource to answer and address anything that's under the sun. And, really, doing all these different things it goes back to what I initially said is I think a win-win for our individual citizens and it's a win for our community and I have been happy to be a part of it. With that I will open for any questions, comments, feedback. de Weerd: Council, any questions? Cavener: I verbally purged on your tonight. I'm sorry. Hoaglun: I just had a comment that Luke's hair has grown back quite nicely since he volunteered to be incentive for the kids for -- when they were raising funds for the Idaho -- or Meridian Food Bank at the auction. That's been about a year now, so -- Cavener: Mr. President, Madam Mayor, Members of the Council, it's been about eight months and, really, the haircut is for lack of being too busy during the Christmas season. My family has enjoyed the shorter hair and I have kind of decided I'm going to keep it, but between everything that's went on this holiday season I haven't had time to make it to my barber to have them give me the old number one. Hoaglun: I really appreciate what you did to encourage those kids and to spur them on and being a good sport about it. That was -- they had a lot of fun with that. It was quite obvious. Cavener: Well, it's like the Mayor says, we give them the encouragement and the tools to be successful and, then, get out of the way and let them do it. If I had to sacrifice a few follicles of hair to make them successful I'm happy to do it. de Weerd: And it was better Luke than me. Bird: It's going to be Brad and Charlie next year. Rountree: Sure. Bird: I have already been bald, so -- de Weerd: Anything further for Luke? Meridian City Council December 28, 2010 Page 32 of 38 Rountree: Madam Mayor? de Weerd: Yes. Rountree: Luke, what's the status of our new video system? Cavener: Mr. President, Madam Mayor, Members of the Council -- so as you have seen there have been some new cameras that have been installed to webcast City Council meetings and to be used for a variety of different projects. The cameras have been installed, the equipment placed. We are still working with IT to get all the parameters on the IT side, we could actually send that information out. I think that we will be doing a lot of internal testing to make sure that everything works good and it's successful before we begin to publicize that we will be doing that. de Weerd: We will certainly let you know before you're on camera Rountree: Thank you. de Weerd: Again, another way to bring you into the homes of your citizens. Thank you, Luke. Cavener: Thank you all. Happy New Year. Rountree: Same to you. C. Public Works: Strategic Plan Discussion de Weerd: Okay. Item 8-C is our Public Works Department. Thank you for joining us. Barry: Madam Mayor, Members of the Council, as you know, we have been talking with you for some time about the Public Works Department's five year strategic plan and on October 12th you may recall that the Council approved the department's strategic plan with the exception of strategic objectives and over the last two months we have taken an opportunity to talk with staff and some of the Council members to go through an iterative process to revise those six strategic objectives such that they would be more palatable for your consideration. Last week we put the final finishing touches on these strategic objectives and I placed in your mailboxes and also sent out an e-mail those revisions and have not heard any comments back, so I'm trusting that that's good news. In any event, since you have those documents in front of you, both in red line format with regard to the latest of the changes and in a clean format, I will leave it to you, essentially, without any further dialogue from me, to ask questions or make comment as it relates to those documents and our hope is that this evening prior to the end year for the year we might have these last six objectives included in our strategic plan via formal approval as has happened in October of this year. So, with that I will turn this over for questions, comments, concerns or otherwise. Thank you for your time. Meridian City Council December 28, 2010 Page 33 of 38 Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Tom, I printed it off and they are sitting by my printer still at home. But I never got anything -- any hard copies in my mailbox. Because after I forgot I went in there tonight to see if -- see if had it and I didn't. Barry: I do have a hard copy here. I know there is probably some that -- Bird: Well, I know I read on the e-mail and printed it off on mine -- Barry: You did. Okay. Bird: -- and, then, I forgot to bring it with me. Barry: That's okay. I have that copy, as well as the one from December 1st, if that helps, but -- de Weerd: Were you able to review it via electronic -- Bird: Oh, yeah. I printed it off. I just never brought it with me. Hoaglun: Yeah. Madam Mayor. I don't recall getting it in hard copy, but I also printed mine off. Bird: But you remembered yours. Hoaglun: Yeah. I brought mine, but -- Bird: That's forty years difference in age. Hoaglun: I guess I have a question for Tom and I think these changes are good changes. I think they clarify what the approach is going to be and I think that -- my concern was how it was going to be done, not necessarily what was going to be done, but how you go about doing it and that -- I think this language kind of takes care of that to a big degree. My question is, you know, I was going through this looking at things, a lot of priority number ones, estimated costs -- there is a dollar sign. We know it's going to cost. But can these be done in an orderly fashion with the existing staff that you have or are we going to come the next budget cycle seeing requests for additional employees to -- to move these forward? Barry: That's a great question, Mr. Hoaglun. I think it stems off of Mr. Bird's concerns a couple months back and the strategic plan as written does not conceive adding any staff. It's not intended to justify the addition of staff, it is more or less to chart a course for the Public Works Department over the next five years as it relates to the types of Meridian City Council December 28, 2010 Page 34 of 38 activities we should be pursuing in order to achieve our mission and our vision statement that were identified and approved sometime ago. So, no, we are not intending for this document to be a vehicle to add staff or grow the department, but I can't -- I don't -- having said that want to suggest that there would not be a request for staff next year. For example, we were talking about building maintenance just today at the director's level. Building maintenance may be a program in and of itself that may require an additional consideration for staff or resources or contract labor, those kinds of things, and as another example inventory continues to be a problem for us. While we are not developing robust inventory control programs in this strategic plan, those are existing needs that we have which may precipitate a discussion or a request for strategic addition of staff resources, whether they be FTE's or consultant time or contracted labor, so I don't want to stand here and say you're not ever going to see another increase from Public Works as it relates to staff needs, but I can tell you that this strategic plan does not intend for that, it's not the vehicle for that. We will continue to participate, as we have in every budget cycle, to bring forward justification for any kind of changes to the way we manage our programs, projects, and services. So, I just want to make sure we are clear on both sides. Hoaglun: Madam Mayor. Tom, I appreciate that. Yeah, I understand the difference there. I just wanted to clarify that we don't hear, well, because you approved this strategic plan now I need -- well, but, yes, we understand there will be requests as you go through what the needs are and to take a look at things. That's certainly -- certainly justifiable. So, I guess I didn't give you the Miranda warning, you know, all department heads when they stand up here, you know, your words can and will be used against you at budget time, but, you know, just -- now that I have given that to you so you know, so -- Barry: Thank you, sir. We expect that. And also I appreciate your comments. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Tom, I believe the changes you have made do reflect and address the comments and concerns that you and I have talked about, so I'm prepared to move forward with -- on these and include them with the remainder of your strategic plan. Barry: Thank you, sir. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I, too, thought it was a nice clean up. If we are at that point, I would make a motion to approve these and add them to the rest of the strategic plan. Meridian City Council December 28, 2010 Page 35 of 38 Rountree: Second. de Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk. Bird: Before I vote I want these minutes, the tape of this put on record that we can get to real fast with Tom's deal. Barry: Thank you, Mr. Bird. Rountree: Maybe we could get it tattooed. I don't know. Barry: Yeah. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Barry: Thank you all. I appreciate your time and your patience and certainly your support. I know the staffs excited at tackling the important work contained within the strategic plan. We will get you a revised hardcopy and revised binders so that you have that and, Mr. Bird, we will see if we can't get the minutes from tonight's meeting and add that to your copy. Bird: The clerk will just keep it right on record there. Barry: Thank you all. Appreciate it. Have a good night. de Weerd: We will frame them and hang on your -- by your office. Thank you, Tom. Barry: Thank you. de Weerd: And thanks to your staff. We will thank the three young men who joined us at our City Council meeting. You should get an A for this. D. Public Works: Budget Amendment for Reimbursement Check From Developer JLJ Enterprises for a Not -to -Exceed Amount of $8,480.00 de Weerd: Okay. Item D is also Public Works. Barry: Thank you, Madam Mayor. This is a simple request, actually, to allow through budget amendment the acceptance of funds from Mr. Jewett as a fee in lieu of a requirement for his development and, essentially, what had precipitated this request was some urgency on Mr. Jewett's part to get some signatures on the final plat and because of those time frames he was not in a position to actually fulfill the requirements of the plat conditions and, therefore, negotiated with Public Works a fee in lieu based Meridian City Council December 28, 2010 Page 36 of 38 upon an actual bid -- we actually had several bids that we required Mr. Jewett to acquire and we took the bid that reflected our estimates of what was most closely replicated by our estimates to which he agreed and, therefore, that is the budget amendment that's before you, so pretty straight forward, but just a little history as to why the request for amending the budget to add those dollars to our budget has been made. de Weerd: Thank you. Any comments? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Do we have the funds in the bank? Barry: Well, your -- yes, we do. We actually did receive a check and we would not give the plat signature back to him until we got the check. So, we do have the check in the bank. Rountree: And it's cleared? Barry: That I can't speak to, but I'm pretty certain it is. It happened a couple weeks ago. de Weerd: You sound skeptical. Okay. Any other questions from Council? Bird: I have none. de Weerd: Okay. I do need action on this item. Zaremba: Madam Mayor? de Weerd: Yes, Mr. Zaremba. Zaremba: I move -- I move we approve the budget amendment. Hoaglun: Second. de Weerd: I have a motion and a second. If there is no discussion, Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council December 28, 2010 Page 37 of 38 E. Police Department: Budget Amendment for Meridian Police Department Spending Authority of Grant Funds From the Idaho Department of Juvenile Corrections for a Not -to -Exceed Amount of $4,404.00 de Weerd: Okay. Our last item is the police department. Hello, lieutenant. Leslie: Hello, Madam Mayor, City Council Members. We have received a budget from the Idaho Department of Juvenile Corrections for 4,404 dollars. The purpose of the grant is actually for underage drinking enforcement slash education. We have an alcohol enforcement team that does a lot of underage drinking enforcement activities, whether it be controlled by the local establishments to make sure they are not -- they are ID'ing and selling that type of stuff, so these funds are basically just for that type of purpose. So, what we need is the spending authority to use that money. de Weerd: Thank you. Any questions from Council? Bird: I have none. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve the budget in the amount of not to exceed 4,404 dollars. Zaremba: Second. de Weerd: I have a motion and a second to approve this item. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: We are at the end of our agenda. I would entertain a motion to -- Hoaglun: Madam Mayor, before we do I just -- I just wanted to also congratulate David on his election to ACHD and appreciate you attending the meeting and I know that you have got a good background for starting this work. I think -- if I recall -- I might be wrong, but been on the school -- Kuna School District board, Kuna planning and zoning, and now you're going to ACHD -- de Weerd: You're a glutton for punishment. Meridian City Council December 28, 2010 Page 38 of 38 Hoaglun: But we appreciate you being here, David, and we really wish you well and look forward to working with you. Case: Well, thank you, Madam Mayor and Councilman Hoaglun and Council Members. You know, I wanted to come tonight prior -- actually, I have been wanting to get here for quite awhile, but with things going on it's been a little bit crazy. I was able to meet Councilman Rountree at one of the meetings and also at COMPASS, so I'm trying to get around and I really plan on making my face more vivid around here, so good or bad, get used to it, I guess. But, again, thank you for taking the time tonight. I appreciate the comments. de Weerd: Well, we look forward to working with you. Case: As I do working with you. de Weerd: Thank you. Hoaglun: Thanks, David. de Weerd: Thanks for being here. Rountree: Thank you for being here. de Weerd: I will give you a City of Meridian pin for lasting to the end of our meeting. I give these to the kids, too. Thank you. And with that said I'd entertain a motion. Rountree: Move to adjourn. Hoaglun: Second. de Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:44 P.M. (AUDIO_RECORDING ON FILE THESE PROCEEDINGS) 7MAYOR A MY de WEERD4ATE APPROVED /' ,� . 7 L__ ATTEST: JAY E Item VA: Harks Canyon Creek (TE-10-030) E C E I V EJ) Application(s): DEC 2 8 2010 ➢ Preliminary Plat time extension F CE ID� Size of property, existing zoning, and location: This site consists of 9.47 acres, is currently zonR ��cated at 1845 W. Franklin Road. Summary of Request: The applicant requests approval of a second time extension for the preliminary plat for Harks Canyon Creek Subdivision in order to obtain the City Engineer's signature on the final plat. The preliminary plat consists of (29) residential building lots, (8) common lots, (7) commercial lots on 6.29 acres. The remaining 3.18 acres are contained in boundaries of the plat but have not been subdivided. The recorded DA requires conditional use permit approval when construction is proposed for the C -C zoned portion of the property. In addition, the DA requires all future development to comply with City of Meridian ordinances in effect at the time of development. Based on this condition, both the commercial buildings and the townhomes will be subject to administrative design review concurrently with the submission of a certificate of zoning compliance (CZC) application or conditional use permit (CUP) application. Staff is supportive of the conceptual layout of the development and is of the opinion that the future building elevations should be designed in conjunction with the structure and site design guidelines contained in the UDC, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan which were adopted subsequent to the initial approval. Thus, staff is recommending the following additional condition of approval: 1) Future development of this site shall be subject to the structure and site design standards asset forth in the Unified Development Code, the Meridian Design Manual and the Ten Mile Specific Area Plan and shall be reviewed with a either a certificate of zoning compliance application (TN -R zone) or conditional use permit application (C -C zone). Written Testimony: Jane Suggs, Applicant (in agreement w/staff report) outstanding Issue(s) for City Council: None Staff Recommendation: Approval of a two-year time extension Notes: . Item #7B: Kingsbridge Subdivision (PP -10-007) Application(s): ➢ Preliminary Plat Size of property, existing zoning, and location: The site is 38.31 acres in area, zoned R-2 and located on the east side of S. Eagle Road midway between E. Victory Road and E. Amity Road History: (Timeline) 2004 — The first applications for the Kingsbridge project were denied by City Council. The plat was redesigned in 2005 and resubmitted to the City. 2005 — The property received annexation, preliminary plat and Conditional Use Permit approval for a Planned Development (PD). A final plat was also approved and has been recorded containing 53 lots and 20 common lots. 2006 — The second phase was approved but never recorded. 2008 — An 18 -month administrative time extension was granted. Another time extension was not requested thus, the plat and the CUP have expired. SUMMARY OF REQUEST: PP: Preliminary plat approval of 72 residential lots and 7common lots on 38.31 acres of land; may be developed in two (2) development phases. The previous plat (excluding Kingsbridge Phase 1) consisted of 72 residential lots and approximately 16 common lots. Street design appears to be the major difference between the plats. Several modifications have been proposed since the P/Z hearing. The first change includes the addition of a parking lot on common lot 79 west of the proposed park and the second change incorporates a center parkway where in E. Darlington Way to aid in traffic calming for residents that may chose to exit through the Dartmoor Subdivision. Density: R-2 - The maximum density in the R-2 zone is two (2) dwelling units to the acre. Gross density is 1.88 dwelling units to the acre. Both the new plat and the previous plat comport with the density requirements of the R-2 zone. Lot Sizes: The proposed lots range in size from 12,000 to 44,000 square feet. The average lot sizes for the proposed plat are 15,995 square feet. The average lot sizes associated with the expired plat was 17,200 square feet. The minimum size required by the UDC is 12,000 square feet. In addition, the numbers of lots along the perimeter are the same however lot sizes fluctuate in size more so than the previous plat. Open Space: Open space provided appears to be consistent with the previous approvals. The majority of the open space for the proposed plat is dedicated to a central park containing 1.5 acres. This is slightly larger than the two pocket parks proposed with the expired plat. The perimeter pathway system is still proposed with the connection of a micro -path. The green belt shown on the plan along the southern boundary does not count as open space for the subject plat. The Boise Project Board of Control does not want improvements on the north side on the Ten Mile Feeder Canal as this area serves as their access road for maintenance of the ditch. The Parks Project Manager has communicated that the 10 -foot pathway could locate on the south side as currently constructed with Phase 1. Overall open space for the proposed plat is 5.32 acres. Applicant is seeking Council waiver for the Ten Mile Feeder Canal to remain untiled. Street Connectivity: Two stub streets are proposed to be extended into the site from Phase 1 of the Kingsbridge Subdivision (E. Darlington Way and E. Kingsbridge Drive). A small portion of E. Kingsbridge Drive may be designated as a collector street. Several new local streets are proposed to facilitate internal circulation and two public stub streets are proposed, one to the north and one to the east. Commission Recommendation: Approval at their November 18th public hearing Summary of Commission Public Hearing: i. In favor: Bob Becker ii. In opposition: David and Kathy Johnson, Audre Wilde, Falcon Schoenfedt, David Collins, Edvin and Almira Miljkovic, John Caldwell, Georgia Funkl iii. Commenting: Pat Ellis (opposition), Rick Stott, Jason Densmer, Pam Collins (opposition), Audre Wilde (opposition), Bradford Dedman, Matt Schoenfeldt (opposition), Mark Boer (opposition), Bret Funkl (opposition), Keith Schultz, Lisa Paternoster iv. Written testimony: Scott Noriyuki (response to staff report) Key Issue(s) of Discussion by Commission: i. The common open space and amenities planned for the subdivision. ii. The design of the new plat versus the previous design of the old plat. iii. Parking for the neighborhood park. iv. Traffic exiting through Dartmoor Subdivision. v. Requirements of the Settlement Agreement and CCR's. vi. Off-site improvements and if they could be required with the subject plat application. vii. Citizen involvement in the new plat design. viii. Secondary access to the site. ix. Dimensional standards of the R-3 zoning district. Key Commission Change(s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: i. Response from the applicant. Generally agrees with recommendations. Outstanding Issue(s) for City Council: i. None. The applicant has provided a brief summary to inform Council on the collaborative efforts between the applicant and the residents of Kingsbridge Phase 1. Notes: Item #7.C: Lanark Property (VAR -10-003) Application(s): ➢ Variance to UDC 11-31-14C.3 which requires a 10' wide multi -use pathway to be constructed along SH 55/Eagle Rd. Size of property, existing zoning, and location: This site consists of 1.39 acres, is currently zoned C -G, and is located at 3131 & 3163 E. Lanark Street on the southwest corner of Lanark & SH55/Eagle. Summary of Request: Eagle Road rises from 4'-20' +/- above the parking level on the subject property. A significant slope exists between the parking area and the top of the grade where the pathway is required adjacent to SH 55/Eagle Road. Because there is not adequate area for al 0' wide pathway to be constructed between the edge of the road and the top of the slope, the area would need to be backfilled significantly at a considerable cost to the applicant. For this reason, the applicant proposes to construct the 10 -foot wide pathway at the toe of the slope as it would substantially decrease the cost of the pathway improvements as well as provide for a safer pedestrian route. Further, the applicant requests approval to defer construction of the pathway without submittal of surety for 5 years from the date of decision on this application to allow time to gain capital for the required improvements. Staff Recommendation: Staff is of the opinion locating the pathway right next to traffic on SH 55/Eagle Road without a separation is not in the best interest of public safety or welfare. Nor does staff feel its prudent to require the applicant to spend an exorbitant amount of money on improvements to place the pathway at the top of the slope when it could potentially be torn out with widening of SH 55 and/or the SH 55/Franklin intersection. For these reasons & because of the existing topography of the site, staff recommends approval of the variance in accord with the findings in the staff report; however, staff recommends a pathway not be required to be constructed by the applicant. If SH 55 or the intersection is widened in the future, a pathway would be constructed by ITD as part of those improvements. Written Testimony: Patrick McKeegan (response to the staff report — in agreement); ITD Outstanding issue for City Council: On December 7, the applicant requested a waiver of the fees for the subject application from City Council. Without reviewing the development application in full, the Council was hesitant to waive the fees. Therefore, Council denied the request for a fee waiver and proposed they consider a refund when the application is heard. Notes: f' AfedaVan City C iancil o -. .1 -- `. ,`. -. AGREEMENT FOR MEDICAL DIRECTOR SERVICES THIS AGREEMENT made this leday of December, 2010 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 Ian Butler -Hall, hereinafter referred to as "BUTLER -HALL", whose address is 2005 Scyene Way Boise, ID 83712 1. Defmitions: For all purposes of this agreement the following words, terms and phases herein this section contained shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 1.1 Board: means and refers to the Idaho State Board of Medicine. 1.2 Butler -Hall: means and refers to Dr. Ian Butler -Hall, M.D. party to this agreement. 1.3 Chief: means and refers to the duly appointed Chief of the Meridian Fire Department, which is a department of City. 1.4 City: means and refers to the City of Meridian, Ada County, Idaho, party to this Agreement. 1.5 Agreement: means and refers to this Agreement for Medical Director Services as Independent Contractor. 1.6 Department: means and refers to the State of Idaho Department of Health and Welfare Emergency Medical Services Bureau. 1.7 EMS -Chief. means and refers to the EMS Division Chief. 1.8 EMSPC: refers to the Emergency Medical Services Physician Commission. 1.9 Emergency Medical Services: means and refers to the services utilized in responding to a perceived individual need for immediate care in order to prevent loss of live or aggravation of physiological or psychological illness or injury. 1.10 Fire Department: means and refers to the Fire Department of City. 1.11 Fire District: means and refers to the Meridian Rural Fire Protection District, part to this agreement. 1.12 Medical Supervision Plan: means and refers to the then current Medical Supervision Plan as required by the Rules adopted by the City Council which governs the provision of Emergency Medical Services by the Fire Department. 1.13 Medical Director: means and refers to a Physician who performs the services of the Physician for the City in the implementation of the Medical Supervision Plan. 1.14 Parties: means and refers collectively to the City and Butler -Hall. AGREEMENT FOR MEDICAL DIRECTOR SERVICES - 1 of 7 1.15 Physician: means and refers to a person who is currently licensed by the Idaho State Board of Medicine to practice medicine in the State of Idaho. 1.16 Rules: means and refers to the Rules which govern scope of practice and action and duties which can be performed by persons certified as Emergency Medical Services personnel by the Board and/or the Department. 2. Recitals: For all purposes of this agreement, the following Recitals are hereby made: 2.1 The City is authorized to prevent and extinguish fires and to acquire all necessary apparatus to maintain a Fire Department, and the City has the authority to contract and to exercise all powers and perform all functions of local self-government in city affairs as are not specifically prohibited by or in conflict with the general rules or the constitution of the State of Idaho and to make all regulations necessary to preserve the public P.C. §50-309 and 50-301 and 50- 304]. 2.2 The Fire District is authorized and has the duty and was formed for the purpose of the protection of property against fire and the preservation of life P.C. § 31-1401]. 2.3 The City and the Fire District have entered into a joint exercise of power agreement wherein the City provides services through the Fire Department to the Fire District in the performance of its duties and authorization to protect against fire and the preservation of life; and 2.4 The City Council has determined that the provision of Emergency Medical Services is directly related to the provision and maintenance of a Fire Department; and 2.5 In order for the City to provide Emergency Medical Services it has hired persons who are certified as Emergency Medical Services personnel by the Department; and 2.6 The Rules require in order for the City to provide Emergency Medical Services that the City develop and implement a satisfactory Medical Supervision Plan; and 2.7 In order for a Medical Supervision Plan to be satisfactory under the Rules the same must provide for certain off-line (retrospective review) and direction and certain on -duty and on-call medical control, protocol development and standing written orders for the provision of Emergency Medical Service which must be under the direction of a Physician; and 2.8 The City has adopted a Medical Supervision Plan which provides its Medical Supervision Plan; and AGREEMENT FOR MEDICAL DIRECTOR SERVICES - 2 of 7 2.9 The City is in need of a Medical Director to implement its Medical Supervision Plan; and 2.10 Butler -Hall is a physician who is qualified and willing to serve as the Medical Director subject to considerations, terms and conditions herein provided for; and 2.11 The City Council finds Butler -Hall to be suitable to serve as its Medical Director subject to the consideration, terms and conditions herein provided for; and 2.12 The parties have mutually negotiated the terms and conditions which will govern Butler -Hall providing services to the City as its Medical Director as an independent contractor and not as an employee as are set forth in this Agreement. 3. Services to be Performed: Butler -Hall is appointed as the Medical Director and shall perform those services required by the Medical Supervision Plan of the Medical Director. 3.1 Butler -Hall shall be consulted with the EMS -Chief at such times as the City reviews and/or amends the Medical Supervision Plan. 3.2 Butler -Hall's provision of services under this Agreement are under his own discretion and control in coordination with the Fire Chief. 3.3 Butler -Hall shall maintain at all times during the term of this Agreement a license to practice medicine in Idaho. 3.3.1 For purposes of this subsection Butler -Hall's license shall not be suspended at any time. 3.4 Butler -Hall shall maintain at all times during the term of this Agreement a valid Controlled Substance registration certificate issued by the United States Department of Justice Drug Enforcement Administration. 3.5 Butler -Hall agrees to a minimum availability of 8 hours a month, on the first Tuesday of each month, to attend necessary meetings, provide necessary training, and to review QA/QI. 3.6 Butler -Hall agrees to meet requirements as established by the Department and the EMSPC regarding medical direction and oversight. 4. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2011 unless earlier terminated or extended. 5. Indemnification: Butler -Hall shall indemnify and hold the City harmless from and against any loss or risk of liability to third parties, including costs and reasonable attorney fees arising out of and limited to claims based upon the Party's actions as it relates to this Agreement. The City shall hold Butler -Hall harmless from and against any loss or risk of AGREEMENT FOR MEDICAL DIRECTOR SERVICES - 3 of 7 liability to third parties, including costs and reasonable attorney fees arising out of and limited to claims based upon the Party's actions as it relates to this Agreement. 5.1 Butler -Hall shall maintain at all times during the term of this Agreement professional liability insurance with an insurance company authorized to provide said insurance in Idaho for loss as a result of any one (1) injury, death, or property damage, or other loss as to the result of any one (1) occurrence or accident in an amount of not less than $1,000,000.00. Butler -Hall shall provide the City proof of said coverage. 6.: Independent Contractor: In all matters pertaining to this agreement, Butler -Hall shall be acting as an independent contractor, and neither Butler -Hall nor any officer, employee or agent of Butler -Hall will be deemed an employee of City. The selection and designation of the personnel of the City in the performance of this agreement shall be made by the City. 7. Compensation: Butler -Hall shall be paid by the City the sum of Fifteen Thousand Dollars ($15,000) per year payable in equal monthly installments on or before the 15th of the month. 7.1 In the event either party seeks to amend this Section it shall give the other party notice on or before the 1St of April prior to the fiscal year of the City which commences October lst of each calendar year. 8. Method of Payment: Butler -Hall will invoice the City of Meridian Accounting at 33 East Broadway Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. The City will pay all invoices within thirty (30) days after receipt. 9. 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 of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 Ian Butler -Hall 2005 Scyene Way Boise, ID 83712 AGREEMENT FOR MEDICAL DIRECTOR SERVICES - 4 of 7 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. 10. 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 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. 11. 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. 12. Assignment: It is expressly agreed and understood by the parties hereto, that Butler -Hall 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. 13. Discrimination Prohibited: In performing the Services required herein, Butler -Hall shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 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. 15. 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 Butler -Hall's records with respect to all matters covered by this Agreement. Butler -Hall 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. 16. 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. AGREEMENT FOR MEDICAL DIRECTOR SERVICES - 5 of 7 17. Compliance with Laws: In performing the scope of services required hereunder, Butler -Hall shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Expenses: The City shall pay expenses paid or incurred by Butler -Hall which are directly and specially incurred by Butler -Hall in his performance of this Agreement and which are pre -approved by the Fire Chief. 19. Termination: If, through any cause, Butler -Hall, his 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 agreement, 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 Butler -Hall of such termination and specifying the effective date thereof at least one hundred eighty (180) days before the effective date of such termination. Butler -Hall may terminate this agreement at any time by giving at least one hundred eighty (180) days notice to City. In the event Butler -Hall's license to practice medicine in Idaho is suspended at any time, this Agreement shall be immediately terminated. Notwithstanding the above, Butler -Hall shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Butler -Hall, and the City may withhold any payments to Butler -Hall for the purposes of set-off until such time as the exact amount of damages due the City from Butler -Hall is determined. This provision shall survive the termination of this agreement and shall not relieve Butler -Hall of its liability to the City for damages. 20. 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. 21. 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. AGREEMENT FOR MEDICAL DIRECTOR SERVICES - 6 of 7 22. 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. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. . ,/1' TL R -HALL CITY OF MERIDIAN BY: TAMMY de * ERD, MAYOR Attest: of r. ro aycee o , City Clerk BEAL ,, p r is't • dam. COUNTY AGREEMENT FOR MEDICAL DIRECTOR SERVICES - 7 of 7 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made this2eday of December, 2010 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Theodore J. Smith, an individual person whose address is 12 North Jefferson, Nampa, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 4, 2010, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 14, 2010, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on January 3, 2011, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, four (4) wood carvings, which pieces shall substantially conform to the description of such artwork as set forth in Exhibit B hereto. Artist shall be responsible for installing such artwork on January 3, 2011 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from January 3, 2011 to January 28, 2011 in accordance with the terms of this Agreement; shall remove such work and install four (4) different wood carvings on January 28, 2011 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from January 28, 2011 to February 25, 2011 in accordance with the terms of this Agreement; and shall be responsible for ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I Of 6 removal of such artwork on February 25, 2011, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display his artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY D1sPLAY PAGE 2 of 6 IA V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER. AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, his servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 of G B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL. PGTNT GALLERY DISPLAY PAGE 4 of 6 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require his artistic talent or expertise. Artist may subcontract or assign obligations that do not require his artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 of 6 Artist: Theodore J. Smith 12 North Jefferson Nampa, Idaho 83651-7628 (208) 463-9962 smithtandv@earthlink.net Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of December, 2010. STATE OF IDAHO ) ) ss: County of �ye,— ) I HEREBY CERTIFY that on this h day of j4AM►%er, 2010, before the undersigned, a Notary Public in the State of Idaho, personally appeared Theodore J. Smith, known to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOLOto set my hand and affixed my official seal, the day and year in this certificate first above written. f G�"'� P is f �'�%aho Residing at Ata&%jL-- , I aho My Commission Expires: 1 CITY OF MERIDIAN: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY 0 1t%m►i1urrrrrr�� Of SEAL �q OUNT,( i�frf � i,, r,ir7ttt ti l{\1�� PAGE 6 of 6 Exhibit A Meridian I Commission Call for Artists: 2011 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2011 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional -quality, ready -to -hang, original art; artwork on paper must be under glass or acrylic. Setectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Setectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Setectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2011 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application R Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 29, 2010. SELECTION PROCESS: The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hatt. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: By a-mait: Meridian Arts Commission Attn: 2011 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 macCmeridiancity.org Exhibit B Z Meridian Commission Application Et Acknowledgments: 2011 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one:�j 1'am submitting this form as an individual artist. I am submitting this form on behalf of an organization. Artist/Org. Name: Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: APPLICATION OVERVIEW: Check all that apply: 17 i/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ❑ [/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. 1A I/we propose to fill these display cases with 3D artwork: P9 24Dx42"H )q 24"Wx24"Dx36"1­1 jf 24"Wx24"Dx30"H 'R 24"Wx24"Dx24"H Number of 2D pieces: _ _ Average size of 21) pieces: n Number of 3D pieces: ^ Average size of 3D pieces:! A L�M 00:13k,.4, APPLICATION MATERIALS: Completed, signed Application Ft Acknowledgements Form Biography of artist or informational statement regarding organization, no longer than one 8% x 11 " page; la A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. Up to five digital images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in . jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.title. jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via e-mail. Q4 $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. The D -rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wait. Wires, eyehooks, and clip frames may noA be used for hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensional artwork. Mei�y�e ►i�.��s►: ,eeie1G �f �%moi eoi e`� Diet e. ACKNOWLEDGMENTS: I, 1 �. f),u (i !f , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: _1�� A. Before my work will be displayed in Initial Point Gallery, l will be required to enter into an Acceptance RT&VAgreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will � exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any toss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover toss, theft, or damage of artwork displayed in Initial Point Gallery. C•� D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month ' period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any TWW time, at the City's sole discretion. A G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created gum by the artist (or by artist members of the organization) submitting this application. l H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The '"rML City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge a erstan ch and al of he foregoing stipulations and do agree to these general terms and conditions. • C - Signature. Print name: i Date: To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your tnterestl theodore j. smith DEER FLAT WILDFOWL ART STUDIO . ................. 42 NORTH JEFFERSON NAMPA, IDAHO 83664-7628 PHONE & FAX (208)483-9962 • EMAIL/ � Scptcmbcr 24, 2010 Sipcere[y„ T6 "Smith theodore j. smith WHMFOWL CARVINGS Ted grew up learning firm his artist father R H. Smith, in high school he started by pin striping cars and went on to man- age the sign shop for MCB-11 while he was in the Navy Sea Bees. After managing a paint store for Dutch Boy Paints for 16 years, he started carving birds for a hobby. In five years he turned his hobby into a vocation. Ted has been a member of Ducks Unlimited, The Peregrine Fund, the Ward Foundation, National Wood Carvers Associa- tion, International Wildfowl Carvers Association, the Idaho Woodcarvers Guild and has helped to band birds of prey with the Idaho Bird Observatory. He was also co-founder of the Idaho Wildlife Art Show, and an adviser to the Idaho Wood- carvers Guild's yearly competition show for 9 years. He has also been a Artist Advisor for the Ellensburg National Art Show in Ellensburg since 1999. Ted has been called on to judge wood carving dhows not only in the North-West and Can- ada, but also at the World Wildfowl Carving Championships that are held in Ocean City, Maryland each April. Ted's bird carvings aro displayed in private collections such as the Orentroich Foundation for the Advancement of Science in New York City, the Pautzke Art Collection in Ellensburg, Washington, and the David Walters Art Collection in Kauai. You can see his work displayed at the C. M. Russell Art Auction in Great Falls, Montana each March, at the Ellensburg National Art Show in Ellensburg, Washington each May. Often asked what his favorite bird to carve is, the answer Is always the same, it is the bird that he is working on, when working on a bird carving, he will read up on books about the bird, study his reference photographs, and try to emulate the smallest of detail. Not only to try to copy what the bird looks like, but to try to give it life. Some of the things that make Ted's carvings stand out above most others is the passion he has for his work, he does his own reference photography and has hundreds of photographs of each specie to work from. He ages his carving wood in his studio, which he built just for bird carving. On all of his major carvings, he makes up a photo album showing the step& that he takes from the block of wood, reference work, up through the painting of the unit, and presents a copy to the collector of the piece. All of his carvings are numbered in the order of which they aro completed, and to data he has carved over 1052 decorative birds. His studio is located three miles from the Deer Flat National Wildlife Refuge, he has recorded 78 dit%nent species of birds from his studio and back yard. In an c&rt to try to keep up with the times, he Is one of the first artist in the west to introduce the electronic business card, it has photographs of over 100 carving that he has completed in the past along with information about -his work. All you have to do is to drop it in CD tray of your computer and watch a slide show showing all the carvings. x ►i city cE unc 4 m AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 17 day of December, 2010, 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 Neil O Anderson And Associates, hereinafter referred to as "CONSULTANT', whose business address is 902 Industrial Way, Lodi, CA 95240. INTRODUCTION Whereas, the City has a need for services involving the Water Feature at City Hall; and WHEREAS, the Consultant 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 Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "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 Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; 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 Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a royalty -free, non - Neil 0. Anderson & Assoc., Inc. page 1 of 11 exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Consultant 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 Consultant represents and warrants that it will perform it's 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 Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the consultant 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 Consultant shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, 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 Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no 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, Consultant shall not be entitled by virtue of this Agreement to consideration '''� Neil O. Anderson & Assoc., Inc. page 2 of 11 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. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2011 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the ^ performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant 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 Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY 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 CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT 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 r-� Neil 0. Anderson & Assoc., Inc. page 3 of 11 occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, 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, CONSULTANT 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 Consultant or Consultant'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. CONSULTANT shall provide CITYwith a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'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 Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT 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. 6. 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 of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Neil • Anderson & Assoc., Attns Neil Anderson 902 Industrial Lodi.4• /• • 1• 1 '—` Nei 10. Anderson & Assoc., Inc. page 4 of 11 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. 7. 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 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. 8. 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. 9. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT 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. 10. Discrimination Prohibited: In performing the Services required herein, CONSULTANT 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. 11. Reports and Information: 11.1 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. 11.2 Consultant 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 representation including letters, words, pictures, sounds or symbols or any combination thereof. Neil O. Anderson & Assoc., Inc. page 5 of 11 12. 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 CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT 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. 13. 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. 14. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, CONSULTANT, 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 CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT 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 CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Neil 0. Anderson & Assoc., Inc. page 6 of 11 Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. 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. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. 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. 20. 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. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN TAMMY4fe WEERD, MAYOR Approved by City Council: — _'S "Ingh C) Attest: NEIL 0. ANDERSON & ASSOCIATES BY: Neil 0. Anderson & Assoc., Inc. page 7 of 11 06 JAY-13EIF HO�.�N�AN, Approved as to Content KEITH WATTS, PURCHASING MANAGER Dated: - ./ dc;_ Approved as to Form CITY ATTORNEY Neil 0. Anderson & Assoc., Inc. page 8 of 11 Department Approval BY: NAME: �� ,e TITLE: 17 RVr Dated: /,7,0 Zoic Exhibit A SCOPE OF WORK 1. Observe and test existing feature hydraulics. 2. Inspect, Measure, and detail existing mechanical and structures. 3. Excavate test borings to evaluate soil backfill. 4. Perform design and prepare construction plans and specifications for all remediation recommendations contained in previous evaluation report dated 08/13/10. Prepared details will include but not limited to the following: a. Stream supply intake structure b. Upper stream basing redesign C. Stream weir cap repair detail d. Entry basin waterproofing detail e. Light junction box repair detail g. Main canal redesign detail h. Redesign of return water outlet basin i. Canal weir caps repair detail j. Surge tank and pump pit enlargement plan k. Mechanical details with second pump pit 5. Provide consulting and support through the local plan review and approval process. Changes to the Scope of Work will be billed on a time and materials basis per the attached fee schedule (Exhibit C) only upon written authorization from the City. ell` Neil 0. Anderson & Assoc., Inc. page 9 of 11 Exhibit B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $27,300 including travel expenses. Fees will be billed per task as listed below. Fees will be billed monthly for completed tasks only, per the following schedule of values. TASK DESCRIPTION Amount Observe and test existing feature hydraulics. Inspect, $7,200.00 1 • Measure, and detail existing mechanical and structures. Excavate test borings to evaluate soil backfill. 2. Mechanical design $7,100.00 Perform design and prepare construction plans and $10,400.00 specifications for all remediation recommendations 3. contained in previous evaluation report dated 08/13/10. Prepared details will include but not limited to the list in the Scope of Work above. 4 Provide consulting and support through the local plan $2,600.00 review and approval process. TOTAL $27,300.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Neil 0. Anderson & Assoc., Inc. page 10 of 11 Exhibit C 2010 FEE SCHEDULE R r I - Princi al En ineer Geol ist 165.00 hr Senior Engineer Geologist Scientist 150.00 hr Project Engineer[ Geologist/ Scientist 135.00 hr Staff Engineer Geologist Scientist 120.00 hr Expert Consulting 198.00 hr Expert Testimony 396.00 hr ICC Inspector (A/C Soils Inspector, Reinforcing Steel, Masonry, Concrete, Structural Steel Post Tension Fireproofing) 76.00/hr AC Soil Inspector with Nuclear Game 80.00 hr Certified Welding Inspector AWS CWI 95.00 hr DSA Masonry Inspector 95.00 hr CAD Designer 95.00 hr CAD Drafter 80.00 hr Accountant 85.00 hr Administrative Assistan 60.00 hr MIsckwmbus Automobile Mileage 0.80 mile Subsistence and Lodging cost + 20% Equipment Rental cost + 20% Re rt Preparation 50.00 each Additional Copy ofR (wet—sign 50.001each Miscellaneous Item Charge Cost +20% each Air & Ground Transportation Cost +20% each CAD — Prints 10.00 sheet '-1% Neil 0. Anderson & Assoc., Inc. page 11 of 11 V.S. Abuse of 47resentatives Washington, D.C. 20515 MM Eft Leen (Page 1 of 2 — version 1.12) Pursuant to 2 U.S.C. § 57, and the Regulations of the Committee on House Administration (as modified from time to time by Committee Order) relating to office space in home districts, The City of Meridian, an Idaho Municipal Corporation 33 East Broadway Avenue, Meridian Id 83642 (Landlord's name) (Landlord's street address, city, state, ZIP code) (" LESSOR'I, and Raul Labrador a Member/Member-Elect of the U.S. House of Representatives C LESSEE', agree as follows: 1812 1. LESSOR shall lease to LESSEE square feet of office space located at Suite 251 at 33 East Broadway Avenue in the city, state and ZIP code of (office street address) Meridian, Idaho 83642 The Lease includes staff parking spm which (office city, state and ZIP) are []assigned or 21unassigned (please check one). 2. LESSEE shall have and hold the leased premises for the period beginning January 3, 201 1 and ending January 2 , 2013 . The term of this District Office Lease ("LEASE") may not exceed two years and may not extend beyond January 2, 2013, which is the end of the constitutional term of the Congress to which the Member is elected. 3. The monthly rent shall be $1,661.00 , and is payable in arrears on or before the last day of each calendar month. Rent payable under this LEASE shall be prorated on a daily basis for any fraction of a month of occupancy. 4. This LEASE may be terminated by either party giving 30 days prior written notice to the other party. The commencement date of such termination notice shall be the date such notice is delivered or, if mailed, the date such notice is postmarked. 5. During the effective term of this LEASE, rent payments under paragraph 3 shall be remitted to the LESSOR by the Chief Administrative Officer of the U.S. House of Representatives C'CAU) on behalf of the LESSEE. V.S. 91ouse of Wpresentatives Washington, D.C. 20515 (Page 2 of 2 —version 1.12) 6. The District Office Lease Attachment attached hereto is incorporated herein by reference, and this LEASE shall have no force or effect unless and until accompanied by an executed District Office Lease Attachment. 7. Any amendments, additions or modifications to this LEASE inconsistent with paragraphs 1 through 6 above shall have no force or effect to the extent of such inconsistency. 8. Additionally, the LESSOR and the LESSEE agree The City of Meridian, an Idaho Municipal Corporation Print Name (LESSOR / Landlord) 6AESSOR Signature (Date) Raul Labrador P ' Name (LESSEE) LESSEE Signature (2- Z2,— 20/0 (Date) This District Office Lease must be accompanied by an executed District Office Lease Attachment. V.S. Mouse of Representatives Washington, D.C. 20515 District Office Lease Attachment (Page 1 of 3 — version 1.12) LESSOR (Landlord) and LESSEE (Member/Member-Elect of the U.S. House of Representatives) agree that this District Office Lease Attachment ("ATTACHMENT") is incorporated into and made part of the Lease ("LEASE") to which it is attached. 2. LESSOR expressly acknowledges that neither the U.S. House of Representatives ("HOUSE") nor its Officers are liable for the performance of the LEASE. LESSOR further expressly acknowledges that payments made by the Chief Administrative Officer of the HOUSE ("CAO") to LESSOR to satisfy LESSEE's rent obligations under the LEASE — which payments are made solely on behalf of LESSEE in support of his/her official and representational duties as a Member of the HOUSE — shall create no legal obligation or liability on the part of the CAO or the HOUSE whatsoever. LESSEE shall be solely responsible for the performance of the LEASE and LESSOR expressly agrees to look solely to LESSEE for such performance. 3. Any amendment to the LEASE must be in writing and signed by the LESSOR and LESSEE. LESSOR and LESSEE also understand and acknowledge that the Administrative Counsel for the CAO ("Administrative Counsel") must review and approve any amendment to the LEASE prior to its execution. 4. LESSOR and LESSEE understand and acknowledge that the LEASE shall not be valid, and the CAO will not authorize the disbursement of funds to the LESSOR, until the Administrative Counsel has reviewed the LEASE to determine that it complies with the Rules of the HOUSE and the Regulations of the Committee on House Administration, and approved the LEASE by signing on page 3. 5. The LEASE is a fixed term lease with monthly installments for which payment is due at the end of each calendar month. In the event of a payment dispute, LESSOR agrees to contact the Office of Finance of the HOUSE at 202-225-7474 to attempt to resolve the dispute before contacting LESSEE. 6. Any provision in the LEASE purporting to require the payment of a security deposit shall have no force or effect. Furthermore, any provision in the LEASE purporting to vary the dollar amount of the rent specified in the LEASE by any cost of living clause, operating expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure during the term of the LEASE shall have no force or effect. The parties agree that any charges for default, early termination, or cancellation of the LEASE which results from actions taken by or on behalf of the LESSEE shall be the sole responsibility of the LESSEE, and shall not be paid by the CAO on behalf of the LESSEE. 7. In the event LESSEE dies, resigns, or is removed from office during the term of this LEASE, the Clerk of the HOUSE may, at his or her sole option, either: (a) terminate this LEASE by giving thirty (30) days prior written notice to LESSOR; or (b) assume the obligation of the LEASE and continue to occupy the premises for a period not to exceed sixty (60) days following the certification of the election of the LESSEE's successor. In the event the Clerk elects to terminate the LEASE, the commencement date of such thirty (30) day termination notice shall be the date such notice is delivered to the LESSOR or, if mailed, the date on which such notice is postmarked. V.S. Mouse of Representatives Washington, D.C. 20515 District OM LOON Attachmut (Page 2 of 3 — version 1.12) The term of the LEASE may not exceed the constitutional term of the Congress to which the LESSEE has been elected. Should the Member -Elect not take office and serve as a Member of the 112x'' Congress, the lease will be considered null and void. 9. If either LESSOR or LESSEE terminates the LEASE under the terms of the LEASE, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance, U.S. House of Representatives, B-241 Longworth House Office Building, Washington, D.C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer, U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515. 10. LESSOR agrees to promptly notify LESSEE in writing in the event LESSOR sells, transfers, or otherwise disposes of the leased premises; in the event LESSOR is placed in bankruptcy proceedings (whether voluntarily or involuntarily); in the event the leased premises is foreclosed upon; or in the event of any similar occurrence. LESSEE shall promptly file a copy of any such notice with the Office of Finance, U.S. House of Representatives, B-241 Longworth House Office Building, Washington, D.C. 20515. 11. LESSOR agrees to maintain in good order, at its sole expense, all public and common areas of the building including, but not limited to, all sidewalks, parking areas, carpets, elevators, escalators, entryways, exits, alleys, and other like areas. LESSOR also agrees to maintain, repair in good order, or replace as needed, at its sole expense, all structural and other components of the premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors, foundations, carpets, fixtures, and all mechanical, plumbing, electrical and air conditioning/heating systems or equipment serving the premises. LESSOR shall be liable for any damage, either to persons or property, sustained by LESSEE or any of his or her employees or guests, caused by LESSOR's failure to fulfill its obligations under this paragraph. 12. LESSOR agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671-80, satisfies any and all obligations on the part of the LESSEE to purchase private liability insurance. 13. LESSOR agrees that neither LESSEE nor the HOUSE nor any of the HOUSE's officers or employees will indemnify or hold harmless LESSOR against any liability of LESSOR to any third party that may arise during or as a result of the LEASE or LESSEE's tenancy. 14. LESSOR shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes (including the Americans with Disabilities Act). 15. LESSOR agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments. 16. LESSOR shall promptly refund to the CAO, without formal demand, any payment made to the LESSOR by the CAO for any period for which rent is not owed because the LEASE has ended or been terminated. V S. Abuse of Representatives Washington, D.C. 20515 District Office lease Attachment (Page 3 of 3 — version 1.12) 17. Should any provision of this ATTACHMENT be inconsistent with any provision of the attached LEASE (or with any subsequent or additional amendments thereto), the provisions of this ATTACHMENT shall control, and those inconsistent provisions of the LEASE (or any subsequent or additional amendments thereto), shall have no force and effect to the extent of such inconsistency. 18. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words in the singular include the plural and vice versa. 19. This lease is entered into at fair market value as the result of a bona fide, arms -length, marketplace transaction. The LESSOR and LESSEE certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant). 20. The LESSEE certifies that the office space that is the subject of this lease is located within the district for which the LESSEE was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. The City of Meridian, an Idaho Municipal Corporation Raul Labrador Print Name (LESSOR) LESSOR Signature 1--3-1 (Date) Print Name (LESSEE) 7?�;- �1�2 LESSEE Signature 1z-23—z0l0 (Date) From the Member's Office, who should be contacted with questions? Name Phone (�) E-mail @mail.house.gov This District Office Lease Attachment and the attached LEASE have been reviewed and are approved, pursuant to Regulations of the Committee on House Administration. Signed Date (Administrative Counsel) Send completed forms to: Administrative Counsel, 217 Ford House Office Building, Washington, D. C. 20515. Copies may also be faxed to 202-225-6999. 20 LOCAL ADDENDUM TO DISTRICT OFFICE LEASE BETWEEN THE CITY OF MERIDIAN AND RAUL LABRADOR The following additional terms and conditions shall be incorporated into the District Offict, Lease executed between the parties for the period of January 3, 2011 through January 2, 2013 to the extent that they are not inconsistent with the terms of the District Office Lease or District Office Lease Attachment executed herewith: 1. Common Areas. Tenant shall have the non-exclusive right to use all common areas located within the Building, including, but not limited to, entrance ways, foyers, elevators and restrooms, breakroom, exercise room, locker rooms and other areas intended to be used in common by all of the tenants of the Building and their invitees, and the common areas located on the land on which the Building is situated, including, but not limited to, the parking lot and sidewalks adjacent to the Building and all other areas on such land intended to be used in common by all of the tenants of the Building and their invitees (collectively, "Common Areas"). All persons authorized by Tenant to access the Building must arrange for an access card and parking pass from the City Human Resources Department and follow all usage rules related thereto. 2. General Use. The Premises shall be used only for the Local Congressional Office for staff of Rep. Raul Labrador and for no other use without the prior written consent of Landlord, which may be withheld in Landlord's sole discretion. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance or other act in or about the Premises that disturbs the quiet enjoyment of any other tenant in the Building. Tenant shall comply with all laws and regulations relating to its use or occupancy of the Premises or of the Common Areas. Tenant shall observe such rules and regulations for the Building as may be adopted by Landlord. 3. Surrender of Premises; Removal of Property. Upon expiration or termination of the Lease Term, whether by lapse of time or otherwise (including any holdover period), Tenant at its expense shall: (1) remove Tenant's goods and effects and those of all persons claiming under Tenant, (2) repair and restore the Premises to a condition as good as received by Tenant from Landlord or as thereafter improved, reasonable wear and tear excepted, and (3) promptly and peacefully surrender the Premises (including surrender of all improvements installed in the Premises by Landlord or Tenant, except Tenant's trade fixtures that do not become part of the Building). 4. Tenant's Improvements. In the event that Tenant desires to undertake any improvements over and above Landlord's Improvements at Tenant's sole cost, Tenant shall do so only with the written approval of Landlord, such approval being in Landlord's sole discretion. Any such improvements shall be performed in a good and workmanlike manner in compliance with all applicable laws, codes and regulations, and all materials used shall be of a quality comparable to those in the Premises and the Building and shall be in accordance with plans and specifications approved by Landlord. All improvements (except Tenant's trade fixtures that do not become a part of the Building) shall remain in and be surrendered with the Premises at the expiration or sooner termination of this Lease. 5. Services and Maintenance. 5.1 Basic Services. Landlord shall provide mechanical, cooling, heating and ventilation during "Normal Business Hours," which means 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays. Landlord shall provide cooling, heating and ventilation at times other than Normal Business Hours upon Tenant's request and with reasonable notice to Landlord, and Tenant shall pay the costs thereof. If Tenant has special mechanical, cooling, heating, ventilation, electrical or other requirements, then the cost of furnishing, installing, operating and maintaining the equipment and appurtenances (including separate meters if required by Landlord to satisfy these requirements) shall be borne by Tenant. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of such services unless caused by the negligence or wilful misconduct of Landlord, and no temporary interruption or failure of such services incident to the making of repairs, alterations or improvements or due to accident or strike conditions shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. 5.2 Basic Utilities. Landlord shall furnish water, sewer, electricity and natural gas service to the Premises and the cost of such utility service, including costs based on consumption, shall be the expense of Landlord. 5.3 Additional Utilities. Tenant shall purchase all other utility services, including but not limited to telephone, cable, internet, and television services desired by Tenant from the utility or municipality providing such service, and shall pay for such services when such payments are due. 5.4 Janitorial Services. Landlord agrees to furnish daily janitorial service for Tenant. Such service shall include sweeping or vacuuming of unrestricted floor areas in offices, emptying of waste paper receptacles and cleaning of restroom areas. 6. Entry and Inspection. Landlord at all reasonable times (and at any time in case of emergency) may enter the Premises for the purpose of inspection, cleaning, repairing, altering or improving the Premises or the Building subject to Tenant's reasonable security requirements. Landlord shall have the right at reasonable times to enter the Premises for the purpose of showing the Premises to any prospective tenants of the Building. 7. Business Interruption; Property of Tenant. No damages, compensation or claims shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or the Building. Landlord will not carry insurance of any kind on any property of Tenant, including inventory, equipment, floor, ceiling and wall coverings, furniture and trade fixtures, and any improvements to the Premises that are paid for by Tenant and Landlord shall not be obligated to repair any damage thereto or replace the same. 8. Signs. Landlord agrees to place Tenant's name on the marquis board(s) located in the Building Common Areas using the design scheme established for the Building. The marquis signs provided by Landlord shall be the only Tenant identification allowed and Tenant shall not place on the exterior of the Premises or the Building or on any part of the interior of the Premises visible from the Building Common Areas any text, sign, graphic, decoration, or advertising matter. IN WITNESS WHEREOF, the Landlord and the Tenant have signed their name and affixed their seals the day and year first above written. TENANT: By Congre tman Raul Labrador LANDLORD: Y:::? Mayor\\y de Weerd Attest: `�.�� OF - 0 BEAL _ 90 sr �s� • ,�� '9 V.S. Oouse of Representatives Washington, D.C. 20515 Nsftt once Kase (Page 2 of 2 — version 1.12) 6. The District Office Lease Attachment attached hereto is incorporated herein by reference, and this LEASE shall have no force or effect unless and until accompanied by an executed District Office Lease Attachment. 7. Any amendments, additions or modifications to this LEASE inconsistent with paragraphs 1 through 6 above shall have no force or effect to the extent of such inconsistency. 8. Additionally, the LESSOR and the LESSEE agree The City of Meridian, an Idaho Municipal Corporation Print Name (LESSOR / Landlord) ESSOR Signature / -3—,2-0Ir (Date) Raul Labrador Prin Name (LESSEE) LESSEE Signature (Date) This District Office Lease must be accompanied by an executed District Office Lease Attachment. n Cit, CITY OF MERIDIAN RESOLUTION NO. 10- —7(o-7 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN (LESSOR) AND CONGRESSMAN RAUL LABRADOR (LESSEE) FOR APPROXIMATELY 1,812 SQUARE FEET OF OFFICE SPACE AT THE MERIDIAN CITY HALL, 33 EAST BROADWAY, MERIDIAN IDAHO TO BE USED FOR A LOCAL CONGRESSIONAL STAFF OFFICE; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the City of Meridian has approximately 1,812 square feet of office space at the Meridian City Hall that is not currently used for City business; and, WHEREAS, the City of Meridian has no immediate plans to use the 1,812 square feet of space for City business. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The 1,812 square feet of space in Meridian City Hall described in the lease agreement between Congressman Raul Labrador and the City of Meridian is not otherwise needed for City purposes. SECTION 2. That the terms of the agreement (attached hereto and incorporated herein) between Congressman Raul Labrador and the City of Meridian are just and equitable, and the same is hereby approved as to both form and content. SECTION 3. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Lease Agreement for and on behalf of the City of Meridian. SECTION 4. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ZQ day of 2010. WA-1APPROVED by the Mayor of the City of Meridian, Idaho, this dJ day of 2010. ATTEST: By: ycee olman, City Clerk APPROVED: F Mater T `2TeW � LA 1) \, COUNT'( I"ll-1iitn 10W\� Memorandum 2010 Annual Report of the Meridian Solid Waste Advisory Commission To: The Mayor and City Council From: Nancy Mann, Chair of the Meridian Solid Waste Advisory Commission Re: 2010 Annual Report The major accomplishment of the Solid Waste Advisory Committee this year was the development of a fully -automated solid waste collection system which the Mayor and City Council adopted and implemented in July of 2010. The process of developing the fully -automated program involved gathering and analyzing input from the City, SSC, and the public through a series of public meetings that were held during the first quarter of the year. The conversion from a manual solid waste collection system to a fully -automated one was made to create a more equitable distribution of the cost of solid waste collection and disposal services, result in a cleaner, safer community, and allow for more cost- effective services. Central to the new program is the premise that households that create and dispose of the most waste should pay more than households that create and dispose of smaller amounts of trash. Another benefit is that the new program combined with the City's voluntary co -mingled recycling program encourages, promotes, and improves the solid waste and recycling practices in the community, which helps to reduce the amount of waste that ends up in the landfill. The Committee also analyzed and proposed several rate changes it deemed necessary to support the program. The recommended rate changes were approved by the Mayor and City Council and went into effect with the beginning of the July 5, 2010 billing cycle based on the implementation of the Automated Trash Collection System. The Committee evolved into the current Commission by Ordinance No. 10-1452 on August 17, 2010. The Commission's membership is comprised of five citizens, three City employees, and 2 ex officio members. There is currently a youth Commissioner vacancy. By the end of 2010, the Commission will have held four public meetings since its first meeting on October 27, 2010. The Commission has elected its officers, adopted Bylaws which the Mayor and City Council approved on December 7, 2010, and received a variety of training including that given by City Attorney, Bill Nary, on Idaho Open Meeting laws and Idaho Ethics in Government laws. Other items that the Commission has considered during its meetings are: 1. Rate Changes for FYI I - None recommended; 2. SSC Update on the Automated Collection System - The following are highlights from testimony provided by SSC representatives: - SSC is receiving positive feedback from public; - SSC is finding it's helping people conform to new restrictions; - SSC is still delivering 200 — 250 co -mingled recycling carts a month; - 300 tons of curbside recycling per month; - Working on a 12 month calendar schedule which will be distributed to customers; - Contamination has been minimal, but drivers can tag containers when contaminants are found; - Requirement to have waste in carts increased productivity; and - Recycling is increasing with co -mingled program. Fifty to Sixty percent of customers now have recycling carts. 3. SSC Update on the Fall Leaf Unlimited Collection Program — The following are highlights from testimony provided by SSC representatives and one citizen: - A total of 260,000 pounds were collected; and -The first 3 weeks in November worked well this year although one citizen felt it was a little late in the year. The same individual felt that the program worked well overall since he was able to bring his fall leaf/brush/yard waste to the SSC transfer station for free during October through early December. 4. Spring Cleaning Unlimited Collection Program — The Commission is still in the processing of receiving City, SSC, and public input regarding what this new program should entail. A recommendation will be forthcoming in early 2011. 5. SSC Update on Recycling Revenue Amounts vs. HHW Costs — September showed a small uptick from downtrend of secondary markets. SSC would be willing to reinstate the Community Recycling fund, but the Commission decided to revisit this topic after several more months of data can be analyzed. In 2011, the Commission is looking forward to considering such areas as glass recycling, yard debris composting, a Meridian Environmental Award, seasonal cart turnover charges, residential service in mobile home parks, and the ADA special collection service. Thank you. J�aow cy Cpnn F) 9 -1 :7.'Cqr*7 --4 -"row -4;� ! 7 F T W, Tii-f 1 —11# EN DIAN�- PLLb1iC IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, PE Assistant City Engineer Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba DATE: 12/20/10 SUBJECT: TASK ORDER 0759a FOR CONTINUING PROFESSIONAL SERVICES WITH HYDRO-LOGICXZ=9 MS OF THE MASTER AGREEMENT DATED , FOR WELL MONITORING AND AQUIFER TESTING FOR A NOT -TO -EXCEED AMOUNT OF $85,000 (DECEMBER 28, 2010 CONSENT AGENDA) 1. RECOMMENDED ACTION A. Move to: 1. Approve the Task Order with Hydro Logic, Inc for Well Monitoring and Aquifer Testing for a not -to -exceed amount of $85,000; 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, PW Director 489-0866 III. DESCRIPTION A. Background In order to gain greater understanding of the characteristics of Meridian's complex aquifer system which is the sole source of potable water for the City, and to better utilize and protect this important resource, the City has engaged in building test wells that can also be used as monitoring wells. The City has been collecting data from these wells for several years and is beginning to see the Page 1 of 2 TASK ORDER NO. 0769a CITY OF MERIDIAN (OWNER) AND HYDRO LOGIC, INC. (HYDROGEOLOGIST) This Task Order is issued by Owner and accepted by the Hydrogeologist pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated Fe Jo nv&,S 3o, aoo'i . CITY OF MERIDIAN GROUND WATER LEVEL MONITORING AND AQUIFER TESTING PURPOSE The Hydrogeologist's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as continuing Hydrogeological Consulting Services. TASK 1.1 — CITY GROUND WATER LEVEL MONITORING AND AQUIFER TESTING Per the City's request, Hydrogeologist will measure, maintain, keep secure, document, plot, and report on the City's long-term ground water level monitoring network consisting of 27 tube wells. In addition, the Hydrogeologist will conduct at least one long-term, multiple -well aquifer test using the City's equipped production wells. It is anticipated that one annual report of measured water levels will be compiled and submitted to the City by January 315t of the year following the year during which the monitoring was done. In other words, the annual monitoring period ends on December 31st for each monitored year and the annual water level compilation to be prepared and submitted to the City shall be due by January 313t. The Owner will provide access to conduct the measurements. Hydrogeologist will make monthly visits (a loop) to all monitoring stations for purposes of measuring aquifer pressures in the City's monitoring network. Hydrogeologist will also inspect, repair, and secure as necessary the locking security enclosures using the Hydrogeologist's own locks. The Hydrogeologist, and not the City, is wholly responsible for maintaining a secure network of wells and to ensure that the above -ground aquifer pressures (flowing artesian wells) are contained and that the monitoring wells are not leaking. During the winter months, the Hydrogeologist will ensure that the flowing wells are pressurized so that the water levels in the wells are below ground to prevent freezing and subsequent cracking of the PVC monitoring wells. Hydrogeologist shall enter the measured water levels into a computer-based spreadsheet program for plotting and presentation to the City in an annual report. For the aquifer testing portion of this project, a comprehensive report is envisioned for each test that is accomplished that will include pre-test trend data, drawdown measurements, and a post- test recovery period lasting, in total, from one month -to -two months in duration for all wells measured. Coordination with the Water Department to manipulate the City's pumping in the vicinity of the aquifer test will be key. The final report will be interpretive in nature and describe the measured hydraulic interconnection across the aquifer system and derive aquifer coefficients of transmissivity and storativity for use in future numerical modeling of the system. All work will be carried out with an eye toward the future spectre of conjunctive administration of surface and ground water as a single resource and protection of the City's municipal water rights. Because this is an on-going annual project for the City, two years of monitoring are anticipated under this task order based upon annual costs for the monitoring from past years. The remaining funds will be devoted to aquifer testing using the existing City ground water supply wells as pumping / observation wells and the long-term designated monitoring network as observation points and for rental of continuously -recording data -loggers for monitoring wells. Hydrogeologist will work closely with the City's Public Works and Water Departments. TIME OF PERFORMANCE Hydrogeologic services will be completed on an as needed basis and time of completion will be set as services are requested. COMPENSATION The Not -To -Exceed amount for this Task Order No. 0759a is eighty five thousand dollars ($85,000.00). The hourly rate for services and direct expenses is attached (Prevailing Fee Schedule Effective January 1, 2010) and by this reference made a part hereof. CITY OF MERIDIAN HYDRO LOGIC, INC. BY: �'Gf�G ' BY: TAMM a WEERD, MAYOR ED S - IRES 7- Dated:Imo- 14.. ;_-itfp'�; Dated:,. `G ' O 10 Approved by City Council: At st: SEAL 70CEK L. HOLMAN, CITY C , !! GS7-tS1 . ` JO ''9,COUNT`f Approved as to Content "fill 111111 Department Approval BY: BY: —� KEITH WATTS, PURCHASING AGENT TITLE: J'�-- Dated MWIdian City C*WCN Page 1 of 2 Jacy Jones From: jason werre Oasonwerre@g mail. com] Sent: Monday, December 13, 2010 11:33 AM To: Jacy Jones; Justin Ross; dad Subject: Request for city council hearing City of Meridian Jacy Jones, Deputy City Clerk Recently my family purchased a piece of property located at 770 W. McMillan. The property is a county lot surrounded by the city of Meridian. When we began looking into uses for the property we looked into upgrading the sewer system. The County referred us to the State's Central District Health Department(CDH), who handles design and permitting of private sewer systems. I spoke with Mike Reno, CDH's Water and Wastewater Program Manager and he informed me that a private system could likely be designed however, because my property was surrounded by the city, the state's Department of Environmental Quality (DEQ) requires that the local utility (city of Meridian) provide a letter outlining services are not available before a state permit could be issued. He cited DEQ's IDAPA rule 58.01.03.005.E as a reference for the policy. I contacted Mayor de Weerd's office, which concluded in a meeting with Anna Canning and Scott Steckline as well as county and state planning officials. At the meeting Ms. Canning explained that the city's administration could not support writing the letter we needed because our lot was located within city's area of impact and that the city would like to see us annex and hook up to it's public utilities. We however, would like to have a choice in the matter. At this point the city controls our ability to choose. Ms. Canning confirmed that we had exhausted all our options to conclude this matter with the city's administration and suggested that any future negotiation be with the city's council. We are requesting an opportunity to meet with the city council to develop a plan to conclude this 12/23/2010 matter or to upgrading our Sincerely, Jason Werre 208-890-7534 12/23/2010 explore other options we may current sewer system without Page 2 of 2 have for annexation. City Council Hearing December 28, 2010 Our Objective: .RECEIVE_. DEC 2 8 2010 CITY OFG�I�RQy CITY CLERKS OFFICE - To obtain a letter from the council which meets Central District Health's (CDH) requirements and therefore allowing us to pursue 1) Development of a viable and compliant septic system within the county. 2) Closure of an open ADA County building permit issued for the garage on the property. Pertinent Facts - Calvin Werre owns the property in dispute, located at 770 W. McMillan (parcel#S0425438410) within Ada County. - The lot has not been annexed into the City of Meridian. - The septic system for the property is currently functional however it is undersized by design and needs replacement. - The garage has an open building permit with Ada county that needs closure by May 24, 2011. - The building permit's closure is contingent upon an adequate septic system upgrade or replacement to be determined by CDH. - If a solution to the septic system is not found before May 24, 2011 the current system will be deemed out of compliance by CDH. - CDH has indicated a viable septic system could be developed. - State law requires that a letter from the local sewer service provider indicating that "services are not available", be acquired before a permit can be issued. - The City of Meridian is the local sewer service provider. Dispute - The City's planning department has refused to provide the letter on the basis that city services would be available upon annexation and that services would not be available without annexation except by council approval. - We contend that services are conditionally available only by way of annexation and are therefore not available since we have not annexed. Possible Resolutions - The Council could provide a letter outlining that "city services are not available" - The Council could allow hookup to city services without the condition of annexation attached therefore making them "available". M�IE IDIAN January 3, 2011 Mr. Jason Werre 770 W. McMillan Road Meridian, ID 8646 SUBJECT: UTILITY SERVICE AVAILABILITY -770 W. McMillan Road Dear Mr. Werre: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba On December 28, 2010, the Meridian City Council considered your request that the City provide a letter to the Central District Health Department stating that utility services were not available for the address at 770 W. McMillan Rd. After considering your written material and presentation, the 100*4.11 Council directed that services could be made available to the subject property upon annexation to the City of Meridian. We have provided a copy of this letter to Central District Health as well. If you have any questions please feel free to call me at 884-5533. nc rely, ete Friedman, AICP Deputy Director Cc: Mike Reno Bill Nary Tom Barry Scott Steckline Planning Department ■ 33 E. Broadway, Meridian, ID 83642 Phone 208-884-5533 0 Fax 208-888-6854 0 www.meridiancity.org WdWan PifY C M_ Page 1 of 2 Jaycee Holman From: Tammy de Weerd Sent: Tuesday, December 28, 2010 8:36 PM To: Jaycee Holman Subject: FW: Public Works Strategic Plan - Nearly Done!!! Attachments: Strategic Plan Modifications Update - Council Packet - 12-22-10. PDF For the public record 14G02 0''*� Tammy de Weerd Mayor, City of Meridian C��(ERJDIANj�-- tdeweerd@meridiancity.org www.meridiancity.org (208) 489-0529 (208)884-8119 LinkedIn — Click Here Facebook — Click Here From: Tom Barry Sent: Wednesday, December 22, 2010 5:25 PM To: citycouncil Cc: Warren Stewart; Mollie Mangerich; Tim Curns; Becky Licari Subject: Public Works Strategic Plan - Nearly Done!!! Good evening, During a recent meeting with Public Works staff and a Council member, additional concerns and objective details were discussed. As a result of this discussion, three (3) of the six (6) objectives that are awaiting final Council approval have been further modified. I have enclosed the following documents for your consideration: a) A new, red -lined copy of the 3 Strategic Objectives detailing the proposed modifications; and b) A clean, final copy of all 6 Strategic Objectives incorporating the newly proposed modifications, in addition to the revisions that were submitted for your review on December 1st I will also put a hard copy of these documents in your Council mailboxes. I appreciate the time and attention Council has placed on the Public Works Strategic Plan and look forward to tackling its important work. We currently have this scheduled for discussion at the December 28th City Council Meeting. Have a great holiday, 12/29/2010 Page 2 of 2 Tom Thomas H. Barry, PEG, MS, MBA, MPA Director of Public Works City of Meridian, Idaho 33 E. Broadway Ave., Suite 200 Meridian, ID 83642 Office: 208-898-5500 Fax: 208-898-9551 12/29/2010 EN DIAN�- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tom Barry, Director of Public Works DATE: December 22, 2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Public Works Department 2010-2015 Strategic Plan: Final Strategic Objectives Modifications During a recent meeting with Public Works staff and a Council member, additional concerns and objective details were discussed. As a result of this discussion, three (3) of the six (6) objectives that are awaiting final Council approval have been further modified. I have enclosed the following documents for your consideration: a) A new, red -lined copy of the 3 Strategic Objectives detailing the proposed modifications; and b) A clean, final copy of all 6 Strategic Objectives incorporating the newly proposed modifications, in addition to the revisions that were submitted for your review on December 1st I appreciate the time and attention Council has placed on the Public Works Strategic Plan and look forward to tackling its important work. We currently have this scheduled for discussion at the December 28th City Council Meeting. Page 1 of 1 Red -lined copy of Strategic Objectives detailing the proposed modifications • Develop a transportation services report for Meridian's transportation system Priority: 1 Divisional lead: Engineering Estimated Cost: $ Divisional Support: Administration Completion Date: December 2012 External Support: Planning, Parks, ACRD, ITD, Council Focus Area(s): 2A, 28, 2C, 3A, 38, SA, 5B Valley Regional Transit Objective Summary: This objective helps determine the adequacy of the current fee structure in funding vital transportation needs for Meridian residents and businesses. The following activities emphasize consolidation of existing information and distribution to stakeholders. Activities: a) Identify sources of information regarding the Ada County Highway District finances and utilize for the creation of a spreadsheet of estimated funding b) Create a spreadsheet of estimated funding the Ada County Highway District has received from Meridian in the last ten years • Impact fees (through City and directly from developers) • Property taxes • Highway Users Fund • Other identified sources c) Create spreadsheet to summarize estimated value of new construction and maintenance services delivered over the past 10 year period, inclusive of administrative, overhead, design, right-of-way, and construction costs d) Create spreadsheet to summarize estimated value of new construction, projects and maintenance to be delivered to Meridian over a five-year period, inclusive of administrative, overhead, design, right-of-way, and construction costs e) Report findings internally f) Provide comparative report on existing funding versus future transportation needs to Mayor's Office and Council g) Identify alternative funding mechanisms for procurement of funding for pathways, multi -modal, and sidewalk needs (Could be a new strategy to identify potential funding mechanisms by ordinance/taxing district/impact fees for non- Ada County Highway District covered multi -modal facilities) Performance Measurels): a) Transportation services report published and presented to City Council by fiscal year 2012 Develop city street design and maintenance standards Priority: 1 Divisional Lead: Engineering Estimated Cost: $ Divisional Support: Administration Completion Date: December 2011. External Support: Planning, Ada County Highway Council Focus Area(s): 1A, 18, 2A, 28, 2C, 3A, 3B, 5A, 5B District, Idaho Transportation Department Objective Summary: The purpose of this objective is to ensure that Meridian streets have an appearance that promotes the City's identity and values, and functionality that reflects positively on the City both in initial design and after maintenance. This objective seeks to both standardize City transportation related improvements and influence change in Ada County Highway District standards that do not meet the City's needs. Activities: a) Forma standards development panel (Parks, Planning, Engineering, Inspection, the Ada County Highway District) b) Review streetscape recommendations from Planning c) Review current City standards, Ada County Highway District standards, Transportation and Land Use Integration Plan, and Idaho Standards for Public Works Construction Make changes to current applicable City standards and develop design standards based on recommendations of the panel Establish internal procedures for inspection and design review of City funded transportation elements Identify funding mechanisms for improvements not funded by transportation authorities and present to Council Establish ordinance, agreement, and cost share to implement new standards with the Ada County Highway District Performance Measure(s): a) Develop and present Meridian street design and maintenance standards to the Ada County Highway District by 2012 Deleted: The purpose of this objective is to determine whether Meridian has received infrastructure improvements services in proportion to the funding contributed to ACHD through impact fees and Meridian's share of user fees. No additional changes have been made to this Objective • • Create a city unified mapping system for all user data Priority: 1 Divisional Lead: GIS Estimated Cost: 5 Divisional Support: All Completion Date: June 2012 External Support: I.T., COMPASS Council Focus Area(s): 2A, 3A, 4B No additional Obiective Summary: A complete geographic information system will provide improved information processing, enable staff to make better -quality decisions, enable staff to be more responsive, innovative and opportunistic in planning for growth, improving changes have response times, improve service coverage and enhance the ways in which business is done. This will also enable the Public Works been made to this Department to take full advantage of the power of Geospatial Analysis and provide a standardized platform for data visualization. Objective AStivities: a) Aid in performing a needs assessment to determine city-wide geographic information system needs b) Assist in defining which geographic information system mapping layers are maintained by the City c) Evaluate layers for relevancy, accuracy, and age and help to develop additional layers as needed d) Assist in updating geographic information system layers with additional functionality such as geometric networks to enhance geographic information system e) Fully integrate geographic information system with asset management software f) Create standard operating procedures to identify responsibilities for various geographic information system tasks g) Identify essential staffing needs h) Define multi-year phased implementation plan for required changes I) Work with I.T. to meet user needs and evaluate software to keep system up to date j) Help to train appropriate staff to use geographic Information system and regularly update the features and changes k) Coordinate with COMPASS to insure compatibility of data formatting. Performance Measurefs): a) Needs assessment is completed by lune 2011 b) Update standard operating procedures by August 2011 c) Mapping layers have been assessed and modified by December 2011 d) Geographic information system and asset management software integrated by June 2011 e) Service levels have been established and data is current and useful by lune 2012 f) Develop and implement a training program by June 2012 • : Promote the optimization of traffic operation within the City limits Priority: 2 Divisional Lead: Engineering Estimated Cost: 5 Divisional Support: Completion Date: December 2012 External Support: Planning, Ada County Highway District, Idaho Council Focus Area(s): 1A, 18, 2A, 2B, 2C, 3A, 3B, SA, SB Transportation Department, Police & Citizen Committees, COMPASS Obiective Summary: The purpose of this objective is to work with the City's transportation infrastructure providers to ensure optimization of the existing transportation system. This will be accomplished collectively with transportation agencies through No additional analysis, identification of problem areas, and development and implementation of solutions. This objective emphasizes use of exiting changes have resources in proceeding with the following activities. been made to this Activities: Objective a) Identify forums or methods to address traffic operations issues with the Ada County Highway District -Route a memo summarizing forums and methods b) identify processes for submitting minor construction or striping changes to the Ada County Highway District and the Idaho Transportation Department. Create document summarizing processes and obtain external agency agreement c) Ensure traffic analysis is conducted for existing condition problem areas and for appropriate alternatives in project areas. Accomplish analysis through the Ada County Highway District, the Community Planning Association (COMPASS), and Idaho Transportation Department. Communicate analysis results to the City s Transportation Task Force. d) Assess current traffic conditions to determine problem areas. Develop documents to communicate findings (maps, tables, etc.) e) Recommend operational changes to the Ada County Highway District and/or the Idaho Transportation Department (in both existing facilities and during construction) with City Council approval f) Recommend minor construction changes to the Ada County Highway District and the Idaho Transportation Department Performance Measureisi: a) Signal timing/interconnection/Intelligent Transportation Systems review process for proposed and existing signals in place by June 2011 b) Develop an annual traffic operations report by 2012 c) Meridian area traffic studies, which are necessary for determining right-of-way requirements and setbacks, are updated every three years • . Develop a City of Meridian multi-modal transportation improvement plan Priority: 3 Divisional Lead: Engineering Estimated cost: $ Divisional Support: Executive Completion Date: December 2014 External Support: Planning, Parks, AND, COMPASS, Council Focus Area(s): 1A, 18, 2A, 2B, 2C, 3A, 3B, 5A, 5B Valley Regional Transit, Idaho Transportation Department Obiective Summary: This objective is directed to the vision of Meridian residents traveling to their destinations using their choice of several modes of surface transportation safely and without excessive delay. In essence, this work (co -lead with the Planning Department will formalize all of the City's transportation priorities (roadways, pathways, transit), ensure priorities are based on the best available information, and ensure priorities are communicated to the external transportation authorities who have lead roles in regional transportation infrastructure. Further, the Public Works Department must work to refine planning processes both externally and internally and find opportunities for optimizing current resources, helping leaders focus on key issues, and help identify and utilize alternative sources of funding. This objective emphasizes use of existing resources in proceeding with the following activities. Activities: a) Review current regional multi -modal transportation plans with Planning (Valley Regional Transit & COMPASS) to insure proper coordination and identify potential partnerships. b) Identify roadways and intersections with greatest current delay, predicted delay, and safety issues that can be corrected by capital improvement projects. Develop documents to communicate findings (maps, tables, etc that are Meridian specific) c) Facilitate citizen input and involvement for pathway/pedestrian improvements. Develop forums and document input. Co -lead with Planning d) Work with Planning to utilize the Transportation Task Force to refine and prioritize transportation improvements internally. Create a document to outline the results (Meridian Transportation Improvement Plan) e) Work with Planning to create a master multi -modal plan that ties existing,transportationctocuments Into one overall plan and coordinates with the Comprehensive Plan f) Work with Planning to pursue Meridian Transportation Improvement Plan priorities with external agencies g) Work with Planning to identify and pursue alternative funding sources for multimodal improvements h) Aid in design and construction administration of pathway improvements i) Collaborate with Planning, Mayor's Office, and other local agencies to communicate funding needs to State and Federal elected officials Performance Measurels): a) Multi -modal Transportation Improvement Plan published and used for external agency prioritization by 2014 and is updated annually with changing needs b) Citizens and elected officials are informed of Transportation Improvement Pian funding challenges for transportation needs, not included in TUP during annual updates Deleted: City •: Establish a comprehensive Surface Water Protection Program Priority: 1 Divisional Lead: Environmental Estimated Cost: Unknown Divisional Support: Engineering Completion Date: September 2013 External Support: Mayor's Office, Finance, IDEA, EPA Council Focus Area(s): 1A, 1B, 1D, 2A, 2C, 3A, 38; SA, 5B Objective Summary: This objective establishes the framework of the Comprehensive Surface Water Protection Program (CSWPP) which includes the following components: a) Storm water management as required by the EPA through the National Pollution Discharge Elimination System; b) Floodplain management as required by FEMA through the National Flood Insurance Program (NFIP), and c) our municipal obligation to provide oversight and management for Meridian's 24 mites of streams and riparian resources. The CSWPP will ensure the Cry is meeting the regulatory requirements of the Clean Water Act andFEMA's National Flood Insurance Program (NFIP) in an environmentally sustainable manner. The goal c this objective is tojdentify sustainable funding, staffing, and documentation necessary to implement the program. Deleted: provide I Activities: a) Identify City of Meridian's obligations to develop and sustainably maintain a Comprehensive Surface Water Program b) Identify future costs and appropriate sustainable funding methods for the CSWPP including analysis, comparison and evaluation of comparable cities' efforts and programs. c) Foster political and public support for the CSWPP via outreach, education, presentations, tours, and public involvement opportunities d) Develop CSWPP with the following components: a. Component a: Develop Implementation Plan for the 5tormwater Program establishing the framework of the NPDES program, including permit requirements, program administration, environmental outcomes, education, compliance and enforcement b. Component b: As part of the floodplain Management program; develop needs assessment and implementation plan to meet application criteria to become a Class 4 rated city within NFIP's Community Rating System c. Component c: Develop partnerships, funding opportunities, and volunteer -based stewardship organizations to assist in repairing, restoring and maintaining 24 miles of Meridians' streams and riparian resources Performance Measurelsl: a) Complete analysis by December 2011 b) If a CSWPP plan and program is pursued: a. Comprehensive Surface Water Protection Program plan completed by December 2011 Comprehensive Surface Water Program in place by December 2013 Apply to National Flood Insurance Program to become a "Class 4" rated city by 2013 Begin restoration activities on targeted area(s) of Meridian streams and riparian resources; with support of stakeholders and development of ongoing stewardship program(s) by 2013 Clean, final copy of all 6 Strategic Objectives incorporating the newly proposed modifications OBJECTIVE: ENG -7 II IIII Develop a transportation services report for Meridian's transportation system Priority: 1 Estimated Cost: $ Completion Date: December 2012 Council Focus Area(s): 2A, 213, 2C, 3A, 313, 5A, 56 Divisional Lead: Engineering Divisional Support: Administration External Support: Planning, Parks, ACRD, ITD, Valley Regional Transit Obiective Summary: This objective helps determine the adequacy of the current fee structure in funding vital transportation needs for Meridian residents and businesses. The following activities emphasize consolidation of existing information and distribution to stakeholders. Activities: a) Identify sources of information regarding the Ada County Highway District finances and utilize for the creation of a spreadsheet of estimated funding b) Create a spreadsheet of estimated funding the Ada County Highway District has received from Meridian in the last ten years • Impact fees (through City and directly from developers) • Property taxes • Highway Users Fund • Other identified sources c) Create a spreadsheet to summarize estimated value of new construction and maintenance services delivered over the past 10 year period, inclusive of administrative, overhead, design, right-of-way, and construction costs d) Create a spreadsheet to summarize estimated value of new construction, projects and maintenance to be delivered to Meridian over a five-year period, inclusive of administrative, overhead, design, right-of-way, and construction costs e) Reportfindingsinternally f) Provide comparative report on existing funding versus future transportation needs to Mayor's Office and Council g) Identify alternative funding mechanisms for procurement of funding for pathways, multi -modal, and sidewalk needs (Could be a new strategy to identify potential funding mechanisms by ordinance/taxing district/impact fees for non- Ada County Highway District covered multi -modal facilities) Performance Measure(s): a) Transportation services report published and presented to City Council by fiscal year 2012 i . Develop city street design and maintenance standards Priority: 1 Estimated Cost: $ Completion Date: December 2011 Council Focus Area(s): 1A, 16, 2A, 28, 2C, 3A, 36, 5A, 513 Divisional Lead: Engineering Divisional Support: Administration External Support: Planning, Ada County Highway District, Idaho Transportation Department Obiective Summary: The purpose of this objective is to ensure that Meridian streets have an appearance that promotes the City's identity and values, and functionality that reflects positively on the City both in initial design and after maintenance. This objective seeks to both standardize City transportation related improvements and influence change in Ada County Highway District standards that do not meet the City's needs. Activities: a) Form a standards development panel (Parks, Planning, Engineering, Inspection, the Ada County Highway District) b) Review streetscape recommendations from Planning c) Review current City standards, Ada County Highway District standards, Transportation and Land Use Integration Plan, and Idaho Standards for Public Works Construction d) Make changes to current applicable City standards and develop design standards based on recommendations of the panel e) Establish internal procedures for inspection and design review of City funded transportation elements f) Identify funding mechanisms for improvements not funded by transportation authorities and present to Council g) Establish ordinance, agreement, and cost share to implement new standards with the Ada County Highway District Performance Measuref sl: a) Develop and present Meridian street design and maintenance standards to the Ada County Highway District by 2012 OBJECTIVE: ENG -10 Ill Create a city unified mapping system for all user data Priority: 1 Divisional lead: GIS Estimated Cost: $ Divisional Support: All Completion Date: June 2012 External Support: I.T., COMPASS Council Focus Area(s): 2A, 3A, 4B Obiective Summary: A complete geographic information system will provide improved information processing, enable staff to make better -quality decisions, enable staff to be more responsive, innovative and opportunistic in planning for growth, improving response times, improve service coverage and enhance the ways in which business is done. This will also enable the Public Works Department to take full advantage of the power of Geospatial Analysis and provide a standardized platform for data visualization. Activities: a) Aid in performing a needs assessment to determine city-wide geographic information system needs b) Assist in defining which geographic information system mapping layers are maintained by the City c) Evaluate layers for relevancy, accuracy, and age and help to develop additional layers as needed d) Assist in updating geographic information system layers with additional functionality such as geometric networks to enhance geographic information system e) Fully integrate geographic information system with asset management software f) Create standard operating procedures to identify responsibilities for various geographic information system tasks g) Identify essential staffing needs h) Define multi-year phased implementation plan for required changes i) Work with I.T. to meet user needs and evaluate software to keep system up to date j) Help to train appropriate staff to use geographic information system and regularly update the features and changes k) Coordinate with COMPASS to insure compatibility of data formatting. Performance Measure(s): a) Needs assessment is completed by June 2011 b) Update standard operating procedures by August 2011 c) Mapping layers have been assessed and modified by December 2011 d) Geographic information system and asset management software integrated by June 2011 e) Service levels have been established and data is current and useful by June 2012 f) Develop and implement a training program by June 2012 OBJECTIVE: i Promote the optimization of traffic operation within the City limits Priority: 2 Divisional Lead: Engineering Estimated Cost: $ Divisional Support: Completion Date: December 2012 External Support: Planning, Ada County Highway District, Idaho Council Focus Area(s): 1A, 113, 2A, 213, 2C, 3A, 313, 5A, 5B Transportation Department, Police & Citizen Committees, COMPASS Obiective Summary: The purpose of this objective is to work with the City's transportation infrastructure providers to ensure optimization of the existing transportation system. This will be accomplished collectively with transportation agencies through analysis, identification of problem areas, and development and implementation of solutions. This objective emphasizes use of exiting resources in proceeding with the following activities. Activities: a) Identify forums or methods to address traffic operations issues with the Ada County Highway District - Route a memo summarizing forums and methods b) Identify processes for submitting minor construction or striping changes to the Ada County Highway District and the Idaho Transportation Department. Create document summarizing processes and obtain external agency agreement c) Ensure traffic analysis is conducted for existing condition problem areas and for appropriate alternatives in project areas. Accomplish analysis through the Ada County Highway District, the Community Planning Association (COMPASS), and Idaho Transportation Department. Communicate analysis results to the City's Transportation Task Force. d) Assess current traffic conditions to determine problem areas. Develop documents to communicate findings (maps, tables, etc.) e) Recommend operational changes to the Ada County Highway District and/or the Idaho Transportation Department (in both existing facilities and during construction) with City Council approval f) Recommend minor construction changes to the Ada County Highway District and the Idaho Transportation Department Performance Measure(s): a) Signal timing/interconnection/Intelligent Transportation Systems review process for proposed and existing signals in place by June 2011 b) Develop an annual traffic operations report by 2012 c) Meridian area traffic studies, which are necessary for determining right -of -Way requirements and setbacks, are updated every three years O III I NDevelop a City of Meridian multi-modal transportation improvement plan Priority: 3 Estimated Cost: Completion Date: December 2014 Council FocusArea(s) 1A, 16, 2A, 2B, 2C, 3A, 313, SA, 5B Divisional Lead: Engineering Divisional Support: Executive External Support: Planning, Parks, ACRD, COMPASS, Valley Regional Transit, Idaho Transportation Department Obiective Summary: This objective is directed to the vision of Meridian residents traveling to their destinations using their choice of several modes of surface transportation safely and without excessive delay. In essence, this work (co -lead with the Planning Department) will formalize all of the City's transportation priorities (roadways, pathways, transit), ensure priorities are based on the best available information, and ensure priorities are communicated to the external transportation authorities who have lead roles in regional transportation infrastructure. Further, the Public Works Department must work to refine planning processes both externally and internally and find opportunities for optimizing current resources, helping leaders focus on key issues, and help identify and utilize alternative sources of funding. This objective emphasizes use of existing resources in proceeding with the following activities. Activities: a) Review current regional multi -modal transportation plans with Planning (Valley Regional Transit & COMPASS) to insure proper coordination and identify potential partnerships. b) Identify roadways and intersections with greatest current delay, predicted delay, and safety issues that can be corrected by capital improvement projects. Develop documents to communicate findings (maps, tables, etc that are Meridian specific) c) Facilitate citizen input and involvement for pathway/pedestrian improvements. Develop forums and document input. Co -lead with Planning d) Work with Planning to utilize the Transportation Task force to refine and prioritize transportation improvements internally. Create a document to outline the results (Meridian Transportation Improvement. Plan) e) Work with Planning to create a master multi -modal plan that ties existing transportation documents into one overall plan and coordinates with the Comprehensive Plan f) Work with Planning to pursue Meridian Transportation Improvement Plan priorities with external agencies g) Work with Planning to identify and pursue alternative funding sources for multimodal improvements h) Aid in design and construction administration of pathway improvements I) Collaborate with Planning, Mayor's Office, and other local agencies to communicate funding needs to State and Federal elected officials Performance Measure(s): a) Multi -modal Transportation Improvement Plan published and used for external agency prioritization by 2014 and is updated annually with changing needs b) Citizens and elected officials are informed of Transportation Improvement Plan funding challenges for transportation needs, not included in TLIP, during annual updates OBJECTIVE: ENV -5I Establish a Comprehensive Surface Water Protection Program Priority: 1 Estimated Cost: Unknown Completion Date: September 2013 Council Focus Area(s): 1A, 18, 1D, 2A, 2C, 3A, 3B, SA, 5B Divisional Lead: Environmental Divisional Support: Engineering External Support: Mayor's Office, Finance, IDEA, EPA Obiective Summary: This objective establishes the framework of the Comprehensive Surface Water Protection Program (CSWPP) which includes the following components: a) Storm water management as required by the EPA through the National Pollution Discharge Elimination System; b) Floodplain management as required by FEMA through the National Flood Insurance Program (NFIP); and c) our municipal obligation to provide oversight and management for Meridian's 24 miles of streams and riparian resources. The CSWPP will ensure the City is meeting the regulatory requirements of the Clean Water Act and FEMA's National Flood Insurance Program (NFIP) in an environmentally sustainable manner. The goal of this objective is to identify sustainable funding, staffing, and documentation necessary to implement the program. Activities: a) Identify City of Meridian's obligations to develop and sustainably maintain a Comprehensive Surface Water Program b) Identify future costs and appropriate sustainable funding methods for the CSWPP including analysis, comparison and evaluation of comparable cities' efforts and programs. c) Foster political and public support for the CSWPP via outreach, education, presentations, tours, and public involvement opportunities d) Develop CSWPP with the following components: a. Component a: Develop Implementation Plan for the Stormwater Program establishing the framework of the NPDES program, including permit requirements, program administration, environmental outcomes, education, compliance and enforcement b. Component b: As part of the Floodplain Management program; develop needs assessment and implementation plan to meet application criteria to become a Class 4 rated city within NFIP's Community Rating System c. Component c: Develop partnerships, funding opportunities, and volunteer -based stewardship organizations to assist in repairing, restoring and maintaining 24 miles of Meridians' streams and riparian resources Performance Measure(s): a) Complete analysis by December 2011 b) If a CSWPP plan and program is pursued: a. Comprehensive Surface Water Protection Program plan completed by December 2011 b. Comprehensive Surface Water Program in place by December 2013 c. Apply to National Flood Insurance Program to become a "Class 4" rated city by 2013 d. Begin restoration activities on targeted area(s) of Meridian streams and riparian resources; with support of stakeholders and development of ongoing stewardship program(s) by 2013 Meridian City Council Meeting DATE: December 28, 2010 ITEM NUMBER: 8D PROJECT NUMBER: ITEM TITLE: Public Works: Budget Amendment for Reimbursement Check from Developer JLJ Enterprises for a Not -to -Exceed Amount of $8,480.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS rTl w w CL 0 w > w O � 0 ƒ m 2 w k § .� \ \ ZOf § w ± 0 mco E "HE 2 o /\w / k ƒ 3 � � 0 LL � Z w s D Z W � « w O D � � .r - a) k / E k k q 2 \ / / k / / / / E m U C) � r® /\ ce)$ .0 \ E o t= \ S0 o » / � /O R� � § � / $ _ & $ ® o / /_ c ®� SS @ .CL � § W7 7 /2 / E> o 8ƒ LO/k / LO $ _ / / .9 § ƒ $\/$ \/ _ @ CL m m oc GE f£ _0 -c E q ± (D 20k0 (Dc 0 _ / ® E %E _ $ k C / \ k \ D f E \ d 0. 5 _ m f 3 kms& o $ § k 0 % (D k k � � e � 3 7f \ �> & ° w e 0 7 2 / § c ■ V ■ 2 : � k Q � 2 2 ■ k ■ Z) 0 ƒ R t k k _a7 o b � M , C - ■ k � (a E § a p w w CL 0 w > w O � 0 ƒ m 2 w k § .� \ \ ZOf § w ± 0 mco E "HE 2 o /\w / k ƒ 3 � � 0 LL � Z w s D Z W � « w O D � � .r - a) k / E k k q 2 \ / / k / / / / E m U C) � r® /\ ce)$ .0 \ E o t= \ S0 o » / � /O R� � § � / $ _ & $ ® o / /_ c ®� SS @ .CL � § W7 7 /2 / E> o 8ƒ LO/k / LO $ _ / / .9 § ƒ $\/$ \/ _ @ CL m m oc GE f£ _0 -c E q ± (D 20k0 (Dc 0 _ / ® E %E _ $ k C / \ k \ D f E \ d 0. 5 _ m f 3 kms& o $ § k 0 % (D k k � � e � 3 7f \ �> & ° w e 0 7 2 / a' U! 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