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2015-03-03
C�WERIDIAN - CITY COUNCIL REGULAR I AH o MEETING AGENDA AMENDED AGENDA 1. 2. 3. 4. 5. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, March 03, 2015 at 6:00 PM Roll -Call Attendance X David Zaremba X Charlie Rountree X Genesis Milam Pledge of Allegiance X Joe Borton X Keith Bird X Luke Cavener O Mayor Tammy de Weerd Community Invocation by Pastor Gene Hill with Parkview Christian Church Adoption of the Agenda Adopted Consent Agenda Approved A. Findings of Fact, Conclusions of Law and Order for Approval: PP 14-020 Accommodations Subdivision by Providence Management, LLC Located South Side of E. Falcon Drive and East of S. Eagle Road Request: Preliminary Plat Approval Consisting of Fourteen (14) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.71 Acres in the R-4 Zoning District B. FP 15-005 Hill's Century Farm Subdivision No. 2 by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting of Fifty -Six (56) Building Lots and Nine (9) Common Lots on 19.78 Acres of Land in the R-8 Zoning District C. Professional Services Agreement For Mayor's Anti -Drug Coalition Strategic Prevention Framework State Incentive Grant Program Evaluation Services In An Amount Not To Exceed $9,000.00 D. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between Sierra Trading Post and the City of Meridian for a Not - to -Exceed Amount of $500.00 Meridian City Council Meeting Agenda —Tuesday, March 03, 2015 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 ClerKs Office at 888-4433 at least 48 hours prior to the public meeting. E. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between Idaho Central Credit Union and the City of Meridian for a Not -to -Exceed Amount of $650.00 F. Award of RFP and Approval of Agreement to Lawn Co. for the "LANDSCAPE MAINTENANCE SERVICES 2015-2017" Project for a Not -To - Exceed Amount of $417,925.00 G. Award of Agreement to Engineered Structures, Inc. for the "OLD CITY HALL TENANT IMPROVEMENT - CONSTRUCTION MANAGEMENT SERVICES" Project for a Not -To -Exceed amount of $6,200.00 H. Touchstone Place On -Site Water Easement I. Touchstone Place Off -Site Water Easement 6. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update B. Mayor's Office: Ordinance No. 15-1638: Ordinance Amending Meridian City Code Section 2-5-3(C), Regarding Terms of Meridian Arts Commission Seats Approved C. Mayor's Office: Resolution No. 15-1052: Resolution Appointing Claudia Weathermon Tester to Seat 3, Ellen DeAngelis to Seat 7 and Gretchen Caserotti to Seat 8 of the Meridian Arts Commission Approved D. Finance Department: Discuss Upcoming Budget and Participatory Budget Pilot Project 7. Community Items/Presentations A. Meridian Transit Planning 8. Items Moved From Consent Agenda None 9. Action Items A. Public Hearing: VAC 15-003 Reflection Ridge Subdivision No. 1, Lots 27 & 28, Block 6 by Zach Evans Construction Located 1112 & 1124 E. Wrightwood Drive Request: Vacation of the 10 -Foot Wide Interior Side Public Utility, Drainage and Irrigation Easement Located on the Common Lot Line Between Lots 27 & 28, Block 6 Approved Meridian City Council Meeting Agenda — Tuesday, March 03, 2015 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. B. Public Hearing: AZ 14-014 Sulamita Church by Architecture Northwest Located Southwest Corner of W. Cherry Lane and N. Black Cat Road: Annexation and Zoning of 9.76 Acres of Land with an R-8 Zoning District Continued to March 17, 2015 C. Public Hearing: CUP 14-019 Sulamita Church by Architecture Northwest Located Southwest Corner of W. Cherry Lane and N. Black Cat Road Request: Conditional Use Permit Approval to Develop a Church on Approximately 8.47 Acres in the Proposed R-8 Zoning District Continued to March 17, 2015 D. Public Hearing: AZ 14-015 Granton Square Subdivision by Granton Square Properties, LLC Located East Side of N. Locust Grove Road and South of E. Ustick Road Request: Annexation of Approximately 5.13 Acres from RUT in Ada County to the R-8 (Medium Density Residential) Zoning District Approved E. Public Hearing: PP 14-019 Granton Square Subdivision by Granton Square Properties, LLC Located East Side of N. Locust Grove Road and South of E. Ustick Road Request: Preliminary Plat Approval Consisting of Twenty - Eight (28) Single Family Residential Lots and Seven (7) Common Lots on Approximately 4.81 Acres in the Proposed R-8 Zoning District Approved 10. Continued Department Reports A. Human Resources Department: Budget Amendment for .5 Full Time Employee (FTE) for Finance for the Not -to -Exceed Amount of $27,359.00 Approved 11. Future Meeting Topics None 12. Executive Session Per Idaho State Code 67-2345 (1)(c)(d): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; and (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; Into Executive Session at 7:22 p.m. Out of Executive Session at 8:15 p.m. Adjourned at 8:15 p.m. Meridian City Council Meeting Agenda — Tuesday, March 03, 2015 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. Changes to Agenda: • Items #9B, C: Sulamita Church — Request for continuance to March 171h due to the site not being posted with a public hearing notice within the timeframe required. Item #9A: Reflection Ridge Subdivision No. 1, Lots 27 & 28, Block 6 (VAC -15.003) Application(s): ➢ Vacation of PUDI easements Size of property, existing zoning, and location: This site consists of two building lots, zoned R-8, located at 1112 & 1124 E. Wrightwood Drive (west of S. Locust Grove, midway between E. Victory & E. Amity Roads. Summary of Request: The applicant requests approval to vacate the two (2) 5 -foot wide public utility, drainage, and irrigation (PUDI) easements located along the common line between Lots 27 and 28, Block 6 of Reflection Ridge Subdivision No. 1. A home has been constructed on Lot 27 that encroaches within the PUDI easement area. In order to remedy this, the applicant must complete the following: 1. Vacate the existing PUDI easements located along the common lot line between Lots 27 and 28, Block 6 and create new ones; and 2. Obtain approval of a property boundary adjustment (PBA) application and record the record of survey consistent with the exhibit in the staff report. The applicant has submitted letters from all applicable public utilities (i.e. Idaho Power, Century Link, Cable One, Intermountain Gas, and Nampa & Meridian Irrigation District) consenting to the proposed relinquishment of easements. Staff recommends approval of the vacation application with the dedication of new easements. Written Testimony: Scott Wonders, Applicant's Representative (in agreement w/staff report) Staff Recommendation: Approval Notes: Item #91) and E: Granton Square (AZ-14.015; PP-14.019) Application(s): ➢ Annexation and Preliminary Plat Size of property, existing zoning, and location: The annexation boundary consists of 5.13 acres of land (Pre-plat consists of 4.81 acres), is currently zoned RUT in Ada County, and is located on the east side of N. Locust Grove Road, south of E. Ustick Road. Adjacent Land Use & Zoning: Except for the Ada County parcel to the north (RUT), this property is primarily surrounded by residential subdivisions, zoned R-8. Summary of Request: The applicant requests annexation & zoning of 5.13 acres of land with an R-8 zoning district and preliminary plat approval to develop a 28 single family residential lots and 7 common lots on approximately 4.81 acres. Lot sizes range between 4,296 and 7,109 square feet respectively. The proposed gross density of the subdivision is 5.82 dwelling units per acre which is consistent with both the density requirements of the MDR designation (3 to 8 d.u./per acre) in the Comprehensive Plan and the proposed R-8 zoning district. There is an existing home is proposed to remain with the development and must connect to City services with the development. The primary access to the development is from Locust Grove Road via E. Chemise Street. This street may also facilitate future connectivity with the Ada County property to the north if/when ACHD and Chamberlain Estates Subdivision redesign the existing storm facility along the north boundary. The applicant has incorporated more open space and a plaza area with a bench on the north side of E. Challis Street per the staff report (10% percent open space is not required because the plat is less than 5 acres). The applicant is proposing to construct a 40-foot wide landscape buffer adjacent to Locust Grove in excess of the UDC standards (25-foot is the minimum). Overall, open space totals approximately 11,637 square feet or 5.5 percent. The applicant has submitted sample photos that depict the style of homes proposed for the subdivision. The proposed homes depict a mix of building materials (lap siding, stucco, cedar shingle siding and board and batten siding) and stone wainscot. Prior to the issuance of a building permit, Staff will review the home elevations adjacent to N. Locust Grove Road to ensure conformance with these design features. Commission Recommendation: Recommended approval at the February 5u" hearing. Summary of Commission Public Hearing: i. In favor: Randy Calarno ii. Written testimony: Kirsti Allphin, Applicant's response to the staff report Key Issue(s) of Discussion by Commission: None Key Commission Change(s) to Staff Recommendation (Changes per Staff Memo, dated February 5, 2015): L Commission modified DA provision b replacing Lots 2-6, block 1 and Lot 2, block 3 with Lots 3-5, 7 and 8, Block 1. ii. Commission modified DA provision d replacing 1,720 square feet of open spacewith2,400 square feet. iii. Commission struck condition of approval 1.2.1 a. iv. Commission modified condition of approval 1.2.1b. replacing Lots 10-11, Block 3 with Lots 6-11 and Lots 17-18, Block 1. v. Commission modified condition of approval 1.2.2b requiring the applicant submit a detail for the plaza and bench with the final plat application. vi. Commission added a new condition requiring Lots 8-9, Block 2 to front on N. Lochness Way if the existing residence is not to remain as part of the development. Outstanding Issue(s) for City Council: None, however, staff recommends the following modifications: DA provision d. — The applicant shall provide a minimum of 5.5 percent common open space and a plaza area with a bench as an amenity. Condition of approval 1.2.2c— Strike the condition. Written Testimony since the Commission Hearing: Kirsti Allphin, Applicant's Representative Notes: Meridian City Council March 3, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, March 3, 2015, by President Charlie Rountree. Members Present: Charlie Rountree, Keith Bird, David Zaremba, Joe Borton, Genesis Milam and Luke Cavener. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Kyle Radek, Berle Stokes, Perry Palmer, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Lucas Cavener X Mayor Tammy de Weerd Rountree: It is the appointed hour for the March 3rd meeting of the Meridian City Council at 6:00 p.m. Welcome, everybody, for tonight's meeting. Glad to see you here. Hope you enjoy the entertainment this evening. First thing on the agenda is the roll call. Madam Clerk. Item 2: Pledge of Allegiance Rountree: If you will all rise and join me in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Gene Hill with Parkview Christian Church Rountree: Next on the agenda is our community invocation. Tonight we will be led by Pastor Gene Hill from Parkview Christian Church. Pastor, welcome. Please. Hill: Let us pray. Creator God, we thank you so much for the opportunity to meet this evening and we pray that your will now be done as we review the issues that face Meridian. We thank you for the Mayor and for the Council and for all of the citizens that are here this evening. So, now we would ask for your will to be done as we go through this time together this evening and we thank you for the great city that we are privileged to live in and for the freedom that we enjoy in this community and in this country and this prayer we leave now in Christ's name, amen. Meridian City Council March 3, 2015 Page 2 of 34 Rountree: Thank you, pastor. I don't -- have you been here before? I don't recall if you have visited before. Hill: This is my first time. Rountree: I'd like to give you a City of Meridian pin. Hill: Well, thank you very much. Rountree: Add that to your collection. Hill: Thank you. Item 4: Adoption of the Agenda Rountree: Next item is the adoption of the agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: On the agenda, Item 6-C from the Mayor's Office, resolution number is 15-1052. Item 9-B and 9-C have been asked to be continued to March 17th, which we will do that as it comes up. And with that I move that we approve the agenda as published. Zaremba: Second. Rountree: It's been moved and seconded to approve the agenda. All in favor signify by aye. Opposed by nay. Unanimous. Thank you. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Findings of Fact, Conclusions of Law and Order for Approval: PP 14-020 Accommodations Subdivision by Providence Management, LLC Located South Side of E. Falcon Drive and East of S. Eagle Road Request: Preliminary Plat Approval Consisting of Fourteen (14) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.71 Acres in the R-4 Zoning District B. FP 15-005 Hill's Century Farm Subdivision No. 2 by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting of Fifty -Six (56) Building Lots and Nine Meridian City Council March 3, 2015 Page 3 of 34 (9) Common Lots on 19.78 Acres of Land in the R-8 Zoning District C. Professional Services Agreement For Mayor's Anti -Drug Coalition Strategic Prevention Framework State Incentive Grant Program Evaluation Services In An Amount Not To Exceed $9,000.00 D. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between Sierra Trading Post and the City of Meridian for a Not -to -Exceed Amount of $500.00 E. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between Idaho Central Credit Union and the City of Meridian for a Not -to -Exceed Amount of $650.00 F. Award of RFP and Approval of Agreement to Lawn Co. for the "LANDSCAPE MAINTENANCE SERVICES 2015-2017" Project for a Not -To -Exceed Amount of $417,925.00 G. Award of Agreement to Engineered Structures, Inc. for the "OLD CITY HALL TENANT IMPROVEMENT - CONSTRUCTION MANAGEMENT SERVICES" Project for a Not -To -Exceed amount of $6,200.00 H. Touchstone Place On -Site Water Easement I. Touchstone Place Off -Site Water Easement Rountree: Next Item is the Consent Agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor -- or for the President to sign and the Clerk to attest. Zaremba: Second. Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Meridian City Council March 3, 2015 Page 4 of 34 Item 6: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update Rountree: Next item, Item 6, Department Reports, and we have a report from the MYAC group, so welcome. We always enjoy finding out what you folks have been up to through the past few weeks and you always just amaze us with all the stuff you do get done. Thank you. Lawrence: Members of the Council, my name is Mackenzie Lawrence. I'm the vice -chair for MYAC and I'm a senior at Renaissance High School. By the way, if you haven't checked out the gallery upstairs I definitely recommend that. The art is amazing. We just got done with our section up there. So, for the month of February one of the first things that MYAC participated in was the State of the City. We were in our year in review video, as well as the Do The Right video and we helped usher, kind of set up some of the different tables and we had an information board where we were taking signatures for a bill on the petition for that and also kind of just doing what's MYAC up to, what are we all about, what are we doing. So, we really enjoyed being a part of that and that was my second year being there and it's really cool to kind of see how the city works and what has been going on and kind of what we have done over the past year. So, the next thing was at our general council meeting we had Joan Endicott come and speak and from the executive council picking her, we kind of thought of serving two purposes. First, we wanted to really refine our speaking skills, because as we get closer to possibly having a -- a hearing in the house or in the senate, we really wanted to work on how we present ourselves and how we speak and kind of first impression how you interact with people on a more professional level and Joan was really, really good about working with us. She brought a volunteer from the audience and everything and she also kind of helped promote our positive message, kind of that MYAC is here to support all the youth and that you can come to us with any issue and just kind of talk about it. We had a really good time with her and I think she did a really good thing for our council as far as our skills go and kind of bringing us all together as a group and, then, the next thing that we have done on the 20th we had our TAC event and we do one event per month that we try to do as a goal where we just plan a really fun event where teens can bring their -- bring a friend and kind of get introduced to MYAC -- as you can see the advisors are there. Ken's like awesome bowling stance. Rountree: Great form. Lawrence: And we kind of interact with each other just not discussing really important things, we are just kind of having bowling or we have gone ice skating, we have gone to the Steelheads games, we do a lot of fun activities that are just a safe environment with adults and having a good time, kind of just getting to know each other on a different level. Following that we did Ignite Youth and a big congrates to a MYACer Jesse Smith. He's won two years in a row now. His presentation was why Idaho should be named Star 41 and I didn't get to go to this, but I heard it was hilarious and I know -- you were there. Meridian City Council March 3, 2015 Page 5 of 34 Borton: Yes. Lawrence: Yeah. Was it funny? Borton: It was fantastic. Lawrence: Yeah. He is presenting it again at our general meeting so everyone gets to see it. I wasn't there. But this event has kind of really taken off. Over the last couple of years especially me seeing it especially, we had a full house at the Party Barn. I believe executive council reviewed about 30 submissions. We have had really great support from all the different high schools with the government or the speech and debate teachers being like, hey, you guys should do this, you know, you get five minutes to talk about anything you want and we reviewed all kinds of submissions. Serious, like anti -bullying one or really funny ones like this one or there was one about twins -- they are like all across the board, anything you can think of someone wanted to talk about it and I think personally, coming from a speech and debate background I think it's so important to like get up and talk to people and experience that and talk about something that you're interested in. So, I think watching this event grow has been really cool in the last couple of years. Something that we are looking forward to that we have been really working on over the last month is the Prom Extravaganza. So, that's on March 14th and it is from 2:00 to 4:00, 1 believe, and over the weekend a bunch of the MYACers went and made a photo shoot and they have been working with Paige's Boutique and this I believe benefits CATCH, the charity organization CATCH. So, they are kind of working on selling tickets and they are promoting this like a promotional photo shoot and I know that they are having so much fun. Like who doesn't like to get dressed up and someone is like putting on a nice dress and they go do hair and makeup and we had a really good time with that. So, we are doing all the planning, all the details for that in the next coming month and we also have -- oh, I guess that's all. But as far as executive council goes, we were meeting with directors at each of our meetings, so we have met with Ms. Holman. That was great. And Chief Niemeyer and Chief Lavey and we have kind of kind of got their advice on how we move forward and approach important issues. We talked about the suicide. We talked about bullying. We talked about different leadership styles and how we can kind of like focus our efforts and kind of develop our own leadership role as the executive members of MYAC. So, I think I have heard these presentations for two years and I still think I get so much out of them every time. So, it really cool to see how the different directors manage their teams and what they kind of see as the most important parts of leadership. So, it's really been -- it's been a really focused month. We haven't really been doing a lot of events, but we have been working really hard behind the scenes. Rountree: Thank you. Any questions? Bird: I have none. Rountree: Luke. Meridian City Council March 3, 2015 Page 6 of 34 Cavener: A couple quick questions. First, Mackenzie, great to have you back. I loved your presentation. Talk to me a little bit about your efforts with the legislature. How is that -- how is that going? What do you gauge your response has been? Lawrence: It's been really varied I would say. There has been some new articles come out that we have read -- that I have personally read that kind of error on the side of it's not really going to happen and we were almost dead for one point during the month and think we really have been trying to like brainstorm ideas about how to get our message across and we have been thinking about ways to contact different organizations -- like different youth organizations throughout Idaho. I know that buckle Up For Bobby, Sherry and Duke Rogers, they have really been working with us to kind of see what different groups -- youth groups in mostly northern Idaho, I think, that would be willing to work with us to give their -- their opinions of their youth message and I know Chief Lavey had a really good idea for us. We just talked to him yesterday, actually, and he said to really make it a youth message, not just coming from MVAC, so kind of like all throughout Idaho and we have been contacted by Parma, I believe -- Payette. Payette to work with and kind of set up their own youth council. So, I think we are really trying to move forward with our whole message and kind of get a stronger group and a stronger like statistics and we are always looking for new information that we can use. Cavener: Okay. One more question. So, you have really seen MYAC really grow and evolve for the past few years. Lawrence: Uh-huh. Cavener: What do you think it's going to take for you -- for the Mayor's Youth Advisory Council to move to that next step? What are the things that need to happen internally, externally? To somebody who is a leader on the executive council, what are the things that you think that this council needs? Lawrence: I think what executive council -- I know what we have been working on most is organization. I think we -- I mean like it was kind of awesome, we have all these good ideas and we are like bursting energy and all so excited and trying to like focus us in and kind of rally -- Ken said it's like herding cats, which it really is. Like herding 200 teenagers is very difficult and so we have been really focusing on making for sure schedules and kind of getting all the information out and make sure everyone is like on the same page and really coming together, because before when we were smaller it was easier to kind of just -- well, you're doing this, you're doing that, everything is good. And now we are really trying to work on like the logistics of what we are doing. We are trying to get a solid routine down for every meeting. We are voting on things and kind of putting together like a list of all of our people and getting out like e-mails and texts and we are trying all kinds of different things. It's really been an interesting MYAC year as far as like what we have been doing, because it's all been trial and error. We have tried a lot of things and haven't really worked, so we have gone back to the dry board and redone things. So, we are really working on internally how to make sure that all the external things happen. Meridian City Council March 3, 2015 Page 7 of 34 Cavener: Good. Well, we appreciate your effort. Lawrence: Thank you. Rountree: Any questions? Comments? Milam: Mr. President? Rountree: Genesis. Milam: Thank you for your energy and your enthusiasm that you bring every time. But did anybody -- did anybody record the Ignite Youth, so I could see it? I had another obligation that night and so I wasn't able to show up, but I would love to see it. Lawrence: Yes, I believe they did. And if you want to see it live, Jesse is doing his thing at our next meeting, which is this coming Monday. So, if you want to come see him. 6:00 o'clock. Milam: Here? Lawrence: Yes. Milam: Thank you very much. Lawrence: You're welcome. Rountree: Well, thank you and thank you for all you do and thank all of your participants as well and, Ken, for the job well done. B. Mayor's Office: Ordinance No. 15-1638: Ordinance Amending Meridian City Code Section 2-5-3(C), Regarding Terms of Meridian Arts Commission Seats Approved C. Mayor's Office: Resolution No. 15-1052: Resolution Appointing Claudia Weathermon Tester to Seat 3, Ellen DeAngelis to Seat 7 and Gretchen Caserotti to Seat 8 of the Meridian Arts Commission Rountree: The next item, 6-B, Ordinance 15-1638. Bill, are you going to talk about that? Robert is going to talk about it. Okay. Simison: Thank you. Thank you, Council President, Council. The next three items are in conjunction with one another. First there has been a request for a little while now to expand the Arts Commission to its full nine member capacity and based upon some of the changes that have occurred in the Arts Commission and the qualified applicants that you're going to see in your next item, the recommendation was now is the right time to Meridian City Council March 3, 2015 Page 8 of 34 expand to nine, but in expanding it to nine, instead of having five people's terms end at the same time, there was a need to stagger when the terms would be there, so that is Item B is just changing the terms and, then, Item C is to appoint the three individuals which applied and were all highly valuable to the commission. So, that would be Claudia Weathermon Tester, Ellen DeAngelis, and, then, Gretchen Caserotti to the Arts Commission to make it a full nine member -- and I believe two of the three were planning on being present and might be here in the audience, if after you take action if you want to have any comments from them at that point in time we could see if they would be interested. But if not that is Item C that is here for your consideration. With that I would stand for any questions. Rountree: Questions? Bird: I have none. Milam: Mr. President? Rountree: Genesis. Milam: Seeing none, I move that we approve Ordinance 15 -- the changes? Is it the changes? Rountree: An amendment. Milam: Sorry. It's different. It's not a new ordinance. Amendment to the Ordinance 15- 1638, amending City Code Section 2-5-3C regarding terms of the Meridian Arts Commission seats. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 6-B, Ordinance 15-1638. Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Milam: Mr. President. Regarding Item C, I move that we approve Resolution No. 15-1052 appointing Claudia Weathermon Tester to Seat 3, Ellen DeAngelis to Seat 7 and Gretchen Caserotti to Seat 8 of the Meridian Arts Commission. Cavener: Second. Rountree: It's been moved and seconded to approve Item 6-C, Resolution 15-1052. Roll call, please. Meridian City Council March 3, 2015 Page 9 of 34 Holman: President Rountree? Rountree: Yes. Holman: Even though it's an amended ordinance do I need to read that in by title only? Bird: No. It's a resolution. It's not an ordinance. Holman: The ordinance before it. Nary: Yes. Rountree: Will you bring it back? Nary: Yeah. I thought you did. I guess I missed that. I'm sorry. Milam: I jumped ahead. Nary: Oh. Yeah. We do need to read it -- we need to read it by title. Rountree: Please read it. Holman: City of Meridian Ordinance No. 15-1638, an ordinance amending Meridian City Code Section 2-5-3C, regarding terms of Meridian Arts Commission seats and providing an effective date. Rountree: Okay. So, you have all heard the ordinance read by title only. Is there anybody out there that wants to take an opportunity to hear the whole thing? Seeing none. Milam: Mr. President? Rountree: We will reapprove it. Milam: We what? Rountree: We will reapprove this item. Milam: I move that we reapprove the amendment to Ordinance No. 15-1638, City Code Section 2-5-3, regarding terms of the Meridian Arts Commission seats. Bird: Second. Rountree: It's been moved and seconded to approve Item 6-B, the ordinance amendment. Roll call. Meridian City Council March 3, 2015 Page 10 of 34 Roll Call: Bird, yea, Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. call MOTION CARRIED: ALL AYES. Rountree: Back to Item 6-C and we have an amendment -- motion to approve this resolution and a second and a roll call vote. Roll Call: Bird, yea, Rountree, yea, Zaremba, yea, Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: Are any of the new commissioners here this evening? Like to take a moment to -- Claudia. Simison: Thank you. I will turn this over to them. Tester: I would just like to thank the Council for this opportunity to serve the city and though I have been very community involved mostly in nonprofit work and my children's school and church, this is actually my very first ever civic assignment, so I'm just very appreciative of your approval and I hope that I can do well by the City of Meridian. I'm proud to be a resident here. Thank you. Rountree: Thank you. And thank you for being on the commission. D. Finance Department: Discuss Upcoming Budget and Participatory Budget Pilot Project Rountree: The next item is 6-D. Finance Department. Borton: Mr. President? Rountree: Joe, are you going to do this one, then? Borton: I think I will. Rountree: Todd's back there, but -- Borton: Todd's in the back. Rountree: He's going to stay back there. Okay, Todd. Borton: We will be relatively short. Rountree: Okay. Meridian City Council March 3, 2015 Page 11 of 34 Borton: From the last Council meeting we discussed the participatory budget process and following that I had a chance to follow up with a couple of Council Members and, then, had a meeting on March 2nd with both Todd and Stacy with Finance, as well as Ken -- who I think left -- concerning answering some of the questions that Council had and one of the larger ones is does this concept of participatory budgeting -- is it really feasible in a compressed time frame to try and implemented something by May and June, which was the initial intent, and it was the consensus of the group that we thought it made sense to introduce the concept to MYAC over -- over the 60 days and use this spring to refine some of the key performance indicators and measurable that the Council would feel comfortable with, engage MYAC to understand the process and what their role would be and, then, with the Council's blessing that we want to go forward this spring, their fall activity and fall period would give them more time to do more due diligence and also allow Finance some time to properly assist them in doing that. So, I think that's what we would be doing. We think it makes sense from leaving the meeting that Finance and Ken and myself would talk to MYAC, try and prepare for the Council some -- a little more sideboards and parameters on how that type of program might work, so it would be maybe late April, early May we would report back and see if this Council wants to bless the process for running its course in the fall. Rountree: Any questions for Councilman Borton? Bird: I have none. Rountree: Keith, did you get the information that we got last week? Bird: No, I did not. Rountree: Okay. Could you get that to Keith? All right. What's your druthers? You want to move forward with this and see how it works out? Cavener: Mr. President? Rountree: Luke. Cavener: This was first presented last week. I wasn't fully optimistic about it and over the past week I have spent some time going over the materials that Councilman Borton provided and I think it's a unique idea, unique approach. I think the right move is to move slower, rather than faster and with the appropriate sideboards. I'm fully in favor of them moving forward and us giving our full blessing in April or May. Excited that they are interested and on board and want to explore this pilot program. Rountree: Thank you. Anybody else? David? Milam: Mr. President? Yeah. I'm in favor of it. I was from the beginning, so -- Meridian City Council March 3, 2015 Page 12 of 34 Rountree: We have unanimous consent that we will move forward with this. Okay. Move forward, Joe. Finance. Borton: Okay. Rountree: Thank you for bringing that to us. It's interesting. Let's hope it pens out. Item 7: Community Items/Presentations A. Meridian Transit Planning Rountree: The next item is 7-A. Meridian Transit Planning. Kelly, are you going to start that off? Thank you. Fairless: Thank you, Mr. President, Members of the Council. I regretted I wasn't able to be to your February meeting when this was discussed, so I appreciated the opportunity that our staff had to present to you the proposal that the team had come up with for some service scenarios and I understood you had some questions and the team got back together and, hopefully, we will be able to satisfy those questions and kind of give you a few options going forward. Just, again, to kind of set the context of Valley Regional Transit's mission is developing and managing transportation resources. We focus a lot on the coordination effective, efficient -- I mean all those words are about trying to find the right return on investment for the transportation services that -- that we are doing in the region. We are accountable to local governments and we want to make sure that -- that we are supporting the delivery of services that -- that really do add value to your communities. The team wanted to put this map up and just show you again -- these are the existing routes in our region right now and Meridian, as you can see, there is a big gapping hole. We'd like nothing better than to start being able to put services in your city and be able to start serving your community and are excited for the opportunity to be able to be exploring that at this time. I think that the one -- the one area that, you know, we always try to emphasize is we want the right system for your community. We want a system that has enough types of options and really is going to meet the needs. Just a reminder about how our local funding -- you know, we -- I think last year I did a presentation and we talked very specifically about the federal funds that are available, but also how our local funding comes about. We -- all of the services that happen within each of the boundaries of our communities are all funded directly by those communities. Just to give you an economy of scale, the city of Boise puts in about six million dollars a year. I believe Nampa a few hundred thousand, about -- up to about 300,000 now. So, it's -- that's how we fund the operations and so much of what we do is connected together regionally, so, for example, you all contribute to the routes that serve the intercounty lines and in a regional system where we are connecting communities, those -- those partnerships are extremely important and that all of our funding is really, from the local level, is all voluntary. There isn't anybody that -- you know, we don't have a dedicated funding source, so all of this has to be a voluntary contribution and that's why we focus so much on understanding what you all want to see, what's important to you about your transit system. I understood there were some questions about -- some questions about Meridian City Council March 3, 2015 Page 13 of 34 performance measures around transit, that one of the things we have provided here is sort of a look at -- at the capacity of vehicles -- a typical 40 foot transit bus, you could have up to 38 people -- 19 standing, so 38 seated, 19 standing, and there is also two positions for wheelchairs. When someone in a wheelchair is using the bus, then, it's taking up the space -- the sitting spaces, but that's what the typical capacity is. The smaller vehicles, what we call cutaways, you can see those are 21 seated, ten standing, and those also have two wheelchairs. The cost per service hour ranges around 75 to 100 dollars an hour, depending on who the provider is and the cost for each of those providers. So, if we looked at the average ridership per hour and if you take the -- take the number of seats available -- and even if we assume some -- because I think the question was if the vehicle was packed, if it was filled to the brim, what would -- what would the cost per person for that hour of service be and so what -- what we did is -- you're probably not typically going to have an intercounty route packed with 19 people standing necessarily, so even if we say 48 people on that particular trip and if we assume 100 dollars an hour, which is the highest, it's about two dollars per is what we are talking about. The cost per hour on our service -- our system right now is right at about 5.73 per trip and I want to make a distinction. We don't count actual people in public transportation you count boardings and our word for that is trips. So, I just wanted to clarify that -- that the number of trips -- for example, last year our system had 1.4 million trips. That doesn't mean 1.4 million people. One person may have taken on any given day two or three trips, but it's not typical in transit to talk about the number of people that are boarding, more it's -- it's more the trips. But for an exercise of understanding the relationship between the capacity and the cost based on that capacity, hopefully that answered that question. Maybe not. And I can pause if you have -- if you want more clarity around that. Milam: Mr. President? Rountree: Genesis. Milam: Kelly, thank you. So, my question really was if -- you are asking us for 700,000 dollars, roughly, estimating. So, the question was for that 700,000 dollars how many people are we going to service? And I don't -- this would be if the bus -- if they were riding all day long -- and we are talking about a commuter -- we are talking about something that goes in the morning and, then, comes back in the evening, I believe. So, if every bus going every direction was maxed out how many people would we be able to serve for that money? Fairless: So, Mr. President, Council Member Milam, the challenge we have is can't really project that with such a small scale of service. When we do ridership projections we really have to look at the whole system. So, some of what we attempted to do to try to get at that was really looking at what is our current passengers per hour and kind of the other -- other chart here is when we were at kind of our peak level, our highest level of ridership, which was back in 2008 -- it's been coming down a little bit each year since then. We just take the Nampa -Meridian express, which is a typical commuter route in our area, that was 23.6 passengers per hour. So, we look at those passengers per hour as a matrix and so what I was trying to say is if you look at the cost per hour and the passengers per hour, it Meridian City Council March 3, 2015 Page 14 of 34 gets at what that -- that cost per passenger basically is. So, my intent wasn't to try to say every bus that's full -- if we can break it down into that per hour basis, I think that we get at the cost per hour. Now, to be able to project ridership, that's something that would take more of modeling activity that you don't typically get very good results if you're looking at such a small scale of service. Milam: Mr. President? So, when you -- and this cost per hour, is that -- is that including only operating costs or is that including the capital investment, start-up cost, and everything else that -- Fairless: That would be the cost -- the cost per hour only is for the operation. Cavener: Mr. President? Rountree: Luke. Cavener: Kelly, before we move forward, maybe you can explain to me why as an industry you focus on boardings, rather than people? And, then, maybe along those same lines I would assume globally there is best practice of if we have X amount of boardings per year you're able to say that really resulted in an overage X amount of people and we are not looking to hold you, you know, to the fire on that, but some type of ballpark figure for me is going to be really important. Fairless: Mr. President, Council Member Cavener, the issue is -- is about how we give you a good number and not just a pull out of the air guess and when we are looking at -- and we did a study of our whole transit system back in 2005, what sort of set the foundation, and in that contract we had the ridership for the service restructure project, so we could say if we do this service and we apply this kind of effort to marketing, we will see this kind of increase in ridership and we could put a number to that. We couldn't do that in Canyon county, because the system was too small to model that way. So, now we are talking about taking even a sub set of that and it's just not -- it wouldn't be good data for us to give to you and I'm not trying to dodge that, I'm just saying in the industry it's -- it's the economy of scale of what we are talking about. We wouldn't be able to do that with any kind of surety. So, I guess the concern I have -- and I'm going to just be really honest that -- Cavener: I appreciate that. Fairless: -- if we are talking about that as -- as the performance matrix, I think we probably need to be spending more time really helping you understand what that return on investment is and maybe that's something that, you know, we -- I think a lot of the jurisdictions are grappling with that same thing and it's just not how the industry measures performance on a per person basis, it's a per trip basis. So, it would be apples to oranges for us to do that. We could make up some way to do that, but it's not going to probably give you the information that you need to make that decision. Meridian City Council March 3, 2015 Page 15 of 34 Cavener: Mr. President? Rountree: Luke. Cavener: Nationally there is not a number that -- an average public transit rider take blank trips a year? Fairless: There are -- we used to track transfers in our system, that was like about 20 -- well, 15 years ago. We tracked transfers in our system and we could take a rate of transfer for a system and say there was this percentage of people that transferred and we could kind of narrow it down to numbers of people, but we don't do transfers any longer, so, we just count how many times somebody gets on and off the bus as our matrix. We don't have a way of saying that equates to his many people. We could look nationally, but we also aren't the same kind of system nationally, because we are -- we have fewer hours per density of population -- there is a lot of factors that would go into that and, again, it would just be trying to pull a number out to tell you something, because I know -- I would love to be able to give you a number that you're looking for, but it's just not the way that transit it measured and so it would just be a best guess and I don't think it would lead you to a good decision about the system. And not because I think it would be a bad number, honestly don't know what the number would be. It's just not the way that we track ridership. Cavener: Mr. President, one more. In 2005 when you projected kind of where your ridership would go, did you hit that number? Were you over? Were you under? If so, by how much? Fairless: Yeah. That's a great question, Mr. President, Council Member. We actually -- it took -- we restructured the services in 2005 -- the end of 2005. It took us several years to get the bus stop system in place and that was one of the things that we were told would -- would be a factor for -- because of the marketing benefits of that. The month after we put the bus stops in in Canyon county we started seeing the ridership climb and it was by the end of that year we had reached the -- it was about 2009 we reached the ridership that was projected for the route restructure, which was about a ten percent increase in ridership, and in Boise that climb started a little bit later, because their bus stop system went in about three months later. Again, we saw the same sort of climb and, then, reached their ridership projections in about the same time, 2009. And, really, it came down to measuring it against how it was designed and making sure that that's all the factors that they put into a model to determine ridership is -- is the design, the activity centers -- I mean it's a fairly complex model. Cavener: One more and I apologize. Who created that model and who was the one that kind of gave you your guidance as to this is what we need to go to? Fairless: Mr. President, Council Member, that was done by a consultant, Nelson/Nygaard. They -- we hired them to do that route restructure and that was one of their -- their tools that they developed and they use those all over when they do route structures and that Meridian City Council March 3, 2015 Page 16 of 34 particular cost about -- I think it was about three or four thousand dollars for the -- to do the whole system. That was what that particular exercise cost. Milam: Mr. President? Kelly, I apologize for either being naive or asking the same question in 15 different ways, but -- and I'm not attacking, I'm just -- I need to take -- need to find out the answer and, then, really turn it into layman's terms, because when I'm asked about it I need to be able to explain to my neighbor what we are doing and why and how much, so -- and I'm trying to remember back to the slides regarding that -- and maybe that's what you have here as well, so maybe I'm jumping ahead, but it was roughly -- it's a commuter trip, 700,000 dollars. Fairless: Uh-huh. Milam: Okay. So, is that one bus? Is that one time a day? What do we get -- I still am going back to what is it that for 729,000 -- so, okay, four vehicles. So, four vehicles, so 6:00 to 9:00 and, then, from 5:00 to 7:00. So, if we had four vehicles here -- four vehicles packed, are these the -- are these the large vehicles or the 40 foot or -- Fairless: Those would be the 40 foot vehicles. Milam: So, 57 times four is how many people we can service. To me that we would be maximum. Fairless: Uh-huh. Milam: Plus a couple wheelchairs if we -- okay. Fairless: And, again, that's just not in our industry of considered a best practice for how you determine what your ridership is going to be, so I just hate to -- Milam: But that could be the maximum ridership. Fairless: That could be the maximum. Milam: And what I want to do is take this on a best case scenario -- I just want a guarantee to us this is how many people are riding it. But at best case scenario what could we be servicing -- that's how this to me -- well, who we could be servicing for the limit, so that's -- yeah. That answered my question. Thank you. Fairless: And, then, other -- Zaremba: Mr. President? Fairless: -- matrix we were showing was what our actual per hour ridership is. So, for every one of those vehicles in our -- what's actually happening on the street is about -- so, I think we kind of landed on a fairly -- oops. I went the wrong way. Oh, well. Anyway. Meridian City Council March 3, 2015 Page 17 of 34 Rountree: Take the bus the next time. Fairless: Yes, take the bus next time. So -- and I just can't remember what that ridership was, if it's, you know, 14 passengers per hour, 20 passengers per hour. So, we have the capacity of 58, but the actual on the street is more like anywhere from 14 to 25. So, that's what I was trying to tell you is that that's the range we are talking about. But with a commuter it probably would be more -- it's typically a higher per hour rate, because -- for ridership, because you're running fewer hours of service and it's the -- limited stop tends to attract more passengers. Milam: So, once they are there they are probably going to want to come back. Fairless: Yeah. Milam: Thank you. Rountree: David. Zaremba: Mr. President, thank you. I just wanted to make sure the impression wasn't left that the four vehicles would make only one trip in a day. They go back and forth and have several boardings each direction throughout their period of service. So, you can't just take that number and divide it by four and say that's what a trip costs, you -- each vehicle is going to make the round trip several times during that period. Cavener: Mr. President? Maybe a question for Kelly about that is how many trips can a -- can a bus make from the hours of 6:00 to 9:00 a.m. and how many trips can a bus make from 5:00 to 7:00 o'clock p.m. on average? Fairless: So, depending on the length of the route -- again, it all comes down to design and -- so, if the route -- if it was -- and that's why we are talking hypothetically about a service versus the actual design service, so we are assuming that every hour would be one trip that you would have -- every hour would be one trip and that's why we are talking about things in a per hour basis. Passengers per hour. Cost per hour. Because that's what the trip would be, would be for an hour. So, when you think about four vehicles, one may be coming in town, one's going out of town, so they are kind of crossing over each other and so for that trip it's -- if that makes sense at all. And these are -- you know, need to pause for a second, because I -- one of the things we have recognized that we need to do -- and it's on our strategic plan for this coming year -- is what we are calling Public Transportation 101. What is the return on investment to local communities. Because you aren't the only one that has these kinds of questions and these are really, really important questions. We are not here to sell you on putting a transit system in your city unless it's something that you think adds the value to your community that you want to have. So, we want to be able to answer the questions -- we also want you to understand what we can and can't do as far as how we -- how the data comes out and what we use the data for, so that we are looking at your system compared to Nampa's system, Meridian City Council March 3, 2015 Page 18 of 34 compared to Boise's system, that there is some normal -- normalizing of the information, so that when you're talking to your constituent about how much it costs, it's the same number if we applied the same matrix, we would come up with the same answer for a citizen of Nampa or a citizen of Boise. That's really what we are trying to get at. And so one of the things we are going to put together -- and it was actually requested by the Nampa city council is we want to make a good investment in our transit system. Help us understand how to do that. And the other thing that's happening right now is we are seeing the ridership on our -- our intercounty and our Canyon county services dropping pretty significantly in the last couple of years. We have had a flat entry to the budget. Since 2008 there hasn't been additional money -- every year we have to do the same service with less. There is -- traffic's gotten -- you know, it's gotten heavier. The routes are tighter, the -- there is a lot of issues that we need to look at. So, we are taking a special look over this next several months. It will start this summer to really look at the Canyon county, west Ada County service structure and part of that would be this Public Transportation 101. So, I think we will get to where you want to be in terms of your understanding of that return on investment and how to answer those questions and I think we are going to do it with a better understanding of what we have today, so that as we build on what we have today it's -- it's a good foundation. Does that answer -- Cavener: At least it lets me know where we are at. Fairless: Yeah. Rountree: Any other questions? Comments? So, you have more? Fairless: I just wanted to get to what our options are. Rountree: All right. Fairless: So, this says the options that we wanted to present as far as where we are at today -- you know, part of the issue is we are investing a lot of time -- staff time in developing the services and we certainly are more than happy to do that. It's just there is a point where we need to know if this is the right time to be investing that level. We have had great participation with Councilman Zaremba, Caleb, David Ballard and Stephen Lewis from the transportation commission and, then, our staff time as well. So, they wanted to present -- we wanted to present to you that, you know, for this upcoming fiscal year the options really are wait and kind of see how the review of the current services go and the Public Transportation 101 opportunity. Another option is setting aside some funds for capital for -- it could take up to two years to be able to purchase capital. So, that's another option. Or do you want us to go forward and really develop out that commuter scenario where we can get more detail and more refinement of the options, so that we can offer you those -- that level of detail. So, that is where we are at today. Milam: Mr. President? Rountree: Thank you, Kelly. Genesis. Meridian City Council March 3, 2015 Page 19 of 34 Milam: Sorry, Kelly, I was waiting, because I wasn't sure what else you're presenting, but I had another question that I kind of asked last time, but I still ask -- you know, I still don't understand the answer to that and was why do we not qualify for federal funds, because that would, obviously, answer this question for us, it would be a no brainer at that point. Fairless: Mr. President, Council Member, it's not that you don't qualify for federal funds, it's that in this urbanized area, which is Boise, Meridian, Eagle, and Garden City, there are three million federal dollars available and because every year those three million dollars get spent on primarily preventative maintenance and capital, we have not used them for operating by policy since about 2007. So, it doesn't mean that Meridian wouldn't have access to those, it means we would have to go back through a vetting process, a process regionally to figure out what's the fair allocation of those dollars. So, I think what we have been trying to do is sort of show you the worst case scenario, so you're planning against the worst case scenario. If we are going to change how those dollars get allocated, it would require the city of Boise, then, to look at how their -- because they would end up having to make up the difference, because a lot of those funds are being used -- about a millions dollars of those funds are being used on their preventative maintenance. So -- and capital investments and that sort of thing. So, if we are going to change how those get allocated around the region, it would just require a conversation at a regional level, at the Valley Regional Transit board level about what's the fair allocation of those among all of the jurisdictions. Does that -- Milam: Yes. Fairless: Okay. I'm glad I could answer one clearly. Milam: I like that idea. Zaremba: Mr. President? Rountree: Comments? David. Zaremba: Two, if I may. In addition to developing the Public Transportation 101 that Kelly mentioned, I understand that VRT also is beginning this summer going to embark on a study of what a revised whole system ought to be. So, there is more information going to be developed and more information coming. I would also add that yesterday after the Valley Regional Transit executive board meeting, Ada County Highway District Commission Chairman Jim Hansen came to me and said you have got to tell your Council that if they decide on something like the -- what's suggested here, to develop the commuter scenario and try and get it into our fiscal year '16 budget, you have got to tell them that ACHD has a new leadership and we are interested in participating in public transportation and that if Meridian wants to invest in public transportation we need to request some funds from ACHD to help us do it. So, I am passing that message along, that we would conceptually have support from the commission at least if we chose to enter into this project at this time or even later. I mean they are planning to try and make Meridian City Council March 3, 2015 Page 20 of 34 that part of their program. But I just thought I'd throw that in, because the last time we talked I said that it wasn't very likely, but the current chairman is very anxious to have this happen and to help. Milam: Wonderful. Rountree: Further comments? Questions? Direction? Bird: I have none. Rountree: Any opinion? I know where David's coming from. Cavener: Mr. President? Rountree: Luke. Cavener: Just my opinion. I really want to be like the guy for public transit in Meridian. Next to Councilman Zaremba, of course. I'm struggling just a lot and it comes down to a point that you make. There is a lot of hypotheticals out there. There is a lot of arbitrary. The only part that's not arbitrary is the price tag and that's hard to say, yes, I can get on board with this, because the only thing that I know for sure is how much it's going to cost our taxpayers and is that more important than police, fire, parks, et cetera. And it's a struggle for me. So, in my opinion is that this isn't something I feel real comfortable moving forward in this fiscal year, but I want to be involved in this Public Transit 101 and 201 and 401 -- if there is post -graduate courses I want to be there, too. We -- and I would encourage you to provide that education to our residents as well. The second piece of that is -- and it sounds like that you are already doing it is really conducting a study as to what the needs of the valley are and how Meridian will play that part. But we are not relying on hypotheticals and arbitrary, we are running on -- and this organization that you used to conduct your study in 2005, it seems like they did a great job for you guys, I would hope that's the one that you're going back to. That's the type of data that I really need to be able to say this is the right place for the dollars to go to. Rountree: Other comments? Bird: I have none. Rountree: Luke, I appreciate you volunteering. If you remember, I put out there the opportunity to become a member of VRT board and that opportunity is soon going to be availing itself, so I look forward to seeing your hand raised again. And I -- to Kelly, the idea of the Public Transit 101 1 think is a great idea. It's something certainly this Council needs -- maybe not this end so much, because I know Joe has been on VRT board and David is the chairman and I have been chairman, so the new folks that really have not been involved I think need that opportunity to see the difficulties that are involved is not only soothsaying what -- what the performance measures are going to be, but how difficult it is to operate an organization with not enough money. Meridian City Council March 3, 2015 Page 21 of 34 Fairless: Yeah. And, Mr. President, I think it's such a good point that we are not here to sell you on having a transit system just to have a transit system. I think there are urban areas that are just like Meridian that invest in transit -- we can learn a lot from them. mean you have some challenging land use patterns to serve with transit. I will be really honest with you, suburban land use patterns are very challenging to -- to serve transit in the way that -- that you want to get that return on investment. Sometimes you're return on investment is just access. It's not high ridership, it's coverage. It's that -- it goes to where people want to go and it's -- there are fewer people that are there, but they have no other option. Sometimes it is about Fairview Avenue and, you know, Eagle Road and corridors where you just really need to get cars off the road and you have got to invest in -- in high quality, limited stop, get that bus moving and so those are the kinds of things that I want you to think about this as a system of options and not just one or two options that, you know, we will keep our fingers crossed and hope it works. That's where I think we can do a lot in terms of education. Rountree: So, I think to sum up for direction for you, Kelly, as it -- I think where we are is more education. We are in the throws of just starting to budget for our next fiscal year. We have an idea of a concept. We have an idea of conceptual dollars. As the information comes in, as the learning curve slows down, maybe we will be able to do something in terms of anticipating something for our next fiscal year in our next budget. Fairless: Yeah. And the timing for that is perfect. Rountree: But for now I think your staff's time is probably better served dealing with some other scenarios that need to be looked at, quite honestly. Fairless: Yeah. Mr. President, we won't waste a moment of time, because like we are going to be looking at that -- that route structure and that will become a foundation we can build these other things on. So, I appreciate all of your support in letting us come and present and bring some ideas to you. You know, I have been doing this now 15 years and we are at a place that we haven't been at before, so this is a -- I see this as positive forward motion and really have appreciated your time. Rountree: At some point in time in the not too distant future I'd like to hear from you as well on the commuter routes that we have. They are quite successful and I think they tell a good story and also give us an idea of what's going on with the Saturday service -- Fairless: Yes. Rountree: -- as we factor that into our next budget as well. Fairless: Yes. All right. Thank you. Rountree: Thank you. Borton: Mr. President? Meridian City Council March 3, 2015 Page 22 of 34 Rountree: Joe. Borton: Really quick, Kelly. We have had lively debates over public transportation, but a couple things I really appreciate. I think the questions that have been asked by Council here are really helpful for, you know, folks that have been involved a long time or note, I think they uncover and make us relook at particular issues. So, I really appreciate the question and, in particular, I really appreciate the way you present this topic and the data. I think you do a very objective and fair process. Fairless: Thank you. Borton: You're not necessarily selling one thing or the other, but really making sure we have got data that helps us make good decisions whatever they are. So -- Fairless: I think I used the term we are snake oil salesmen, so -- we are here to help you for sure. Thank you. Borton: You're far from it. Fairless: Thank you. Zaremba: Mr. President? Rountree: David. Zaremba: I would just like to add to that. You know, Kelly has been a champion and expert at this. VRT has existed for about 15 years, 16 almost going on now, and her leadership there has been tremendous in accomplishing a whole lot with very little funding and not much security there, but her whole staff and everybody that's participated in the monthly and sometimes twice monthly meetings that we have been having to bring this discussion forward, including a couple of our Meridian Transportation Commission members and several staff members from VRT, one from COMPASS -- there have been a lot of people involved and I have learned a bunch of stuff during this process, but I just -- I wanted to appreciate that efforts that's been put into getting us this far to even be ready to talk about it. So, I don't think any of that time was wasted, I think it will all be useful as we go forward, but I just wanted to thank everybody that has participated so far. Rountree: Thank you for your comments. Item 8: Items Moved From Consent Agenda Item 9: Action Items A. Public Hearing: VAC 15-003 Reflection Ridge Subdivision No. 1, Lots 27 & 28, Block 6 by Zach Evans Construction Located 1112 Meridian City Council March 3, 2015 Page 23 of 34 & 1124 E. Wrightwood Drive Request: Vacation of the 10 -Foot Wide Interior Side Public Utility, Drainage and Irrigation Easement Located on the Common Lot Line Between Lots 27 & 28, Block 6 Rountree: Next item is Item 9-A, since we moved nothing from the Consent Agenda. will open the public hearing on Item 9-A for the vacancy for easements for Reflection Ridge Subdivision. Bill, are you going to talk about that? Parsons: Thank you, Mr. President, Members of the Council. The first item on the agenda tonight is the -- a vacation application for Reflection Ridge Subdivision, Lots 27 and 28, Block 6. Currently there is the existing home constructed on Lot 27 that encroaches in -- within the five foot wide public utility and drainage easement and also the sideyard setback. In order to remedy the situation the applicant will have to, one, get your approval of vacating that easement -- those easements this evening and, then, follow up with the planning division on a property boundary adjustment to move the property boundary in alignment with that setback requirement. Also because easements are being vacated, the applicant will have to create new easements along the newly formed property line that's created with that record of survey. All of the utility providers have provided their consent to relinquish the easements. I'm here for easement documentation or at least the exhibit the applicant provided is part of the application submittal. You can see how much of that is actually encroaching within the easement area, which is depicted here and, again, the property line would move south of that and, then, ultimately, everything would come to alignment with not only the easement -- being outside of the easement, but also some complying with the UDC setbacks in the R-8 district. Staff did receive comments from the applicant. They are in agreement with all the requirements in the staff report. This concludes my presentation and I'd stand for any questions the Council may have. Rountree: Any questions for Bill? Bird: I have none at this time. Rountree: Bill, this makes it clear that we don't get into the situation here as we just tried to clear up last week or the week before with easements and adjustments and ownerships and all of those sorts of things? Parsons: Mr. President, Members of the Council, as I explained to you at the -- a few weeks ago at that hearing, a record of survey can't really create an easement. In order for the applicant to establish an easement they would have to basically draft up separate legal descriptions, separate easement documents and record it against the properties and, then, subsequently add that instrument number on the recorded record of survey and that's the process that he would have to go through moving forward. So, what we could anticipate, if that's the desire -- and that's how it's written in the staff report to do that, is when they come in with their property boundary adjustment and they record that at the county we hope to see that instrument number on the record of survey identifying the new easements created. Meridian City Council March 3, 2015 Page 24 of 34 Rountree: And that, you believe, is understood by the applicant? Parsons: To my understanding that is correct. Rountree: All right. Is the applicant here? If you would state your name and address for us, please. Wonders: Sure. Scott Wonders with JUB. 250 South Beachwood Avenue in Boise. We are representing the applicant. We are in concurrence with all of the staff recommendations on the staff report and I'm here to answer any questions that you may have. Rountree: Are there any question? Bird: I have none for him. Rountree: Well, you're lucky. Thank you. Wonders: Thank you very much. Rountree: This is a public hearing. I don't have anybody signed up wishing to testify. Is there anybody that would wish to testify? Seeing none, I will entertain a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing on VAC 15-003. Milam: Second. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on Item 9-A. All those in favor signify by aye. Opposed by nay. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve VAC 15-003, includes all staff and applicant comments. Zaremba: Second. Meridian City Council March 3, 2015 Page 25 of 34 Rountree: It's been moved and seconded to approve Item 9-A. All those -- roll call. Excuse me. Roll Call: Bird, yea, Rountree, yea, Zaremba, yea, Borton, abstain; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. B. Public Hearing: AZ 14-014 Sulamita Church by Architecture Northwest Located Southwest Corner of W. Cherry Lane and N. Black Cat Road: Annexation and Zoning of 9.76 Acres of Land with an R-8 Zoning District C. Public Hearing: CUP 14-019 Sulamita Church by Architecture Northwest Located Southwest Corner of W. Cherry Lane and N. Black Cat Road Request: Conditional Use Permit Approval to Develop a Church on Approximately 8.47 Acres in the Proposed R-8 Zoning District Rountree: Next Item 9-B and C, and they have been requested to be continued until March 17th. Bill, have you got an explanation for that? Parsons: Mr. President, Members of the Council, primarily what's happened is the applicant failed to post the site within the ten -- ten days time frame, so they are just asking for the continuance in order to comply with the ordinance. Rountree: Okay. Bird: Mr. President? Rountree: Mr. Bird. Bird: Hearing that I move we continue -- are you going to open up the two public hearings first then? Rountree: I will open up Items 9-B and C. Bird: Okay. Now, I would move that we continue the public hearings for AZ 14-014 and CUP 14-019 to March 17th, 2015. Zaremba: Second. Milam: Second. Meridian City Council March 3, 2015 Page 26 of 34 Rountree: It's been moved and seconded to continue Items 9-B and 9-C. All those in favor of the motion signify by aye. Opposed by nay. Okay. MOTION CARRIED: ALL AYES. Rountree: Hopefully there is nobody out there wishing to testify for those, to it or for it. D. Public Hearing: AZ 14-015 Granton Square Subdivision by Granton Square Properties, LLC Located East Side of N. Locust Grove Road and South of E. Ustick Road Request: Annexation of Approximately 5.13 Acres from RUT in Ada County to the R-8 (Medium Density Residential) Zoning District E. Public Hearing: PP 14-019 Granton Square Subdivision by Granton Square Properties, LLC Located East Side of N. Locust Grove Road and South of E. Ustick Road Request: Preliminary Plat Approval Consisting of Twenty -Eight (28) Single Family Residential Lots and Seven (7) Common Lots on Approximately 4.81 Acres in the Proposed R-8 Zoning District Rountree: Next item is Item 9-D. Public hearing AZ 14-015. 1 will open up that public hearing. Bill. Parsons: Thank you, Mr. President, Members of the Council. The next item on the agenda is the Granton Square annexation and preliminary plat. This is an enclave remnant parcel within Ada County, currently zoned RUT. As you can see here on the zoning map the property is surrounded by primarily three subdivisions zoned R-8 and if you look at this graphic you will also notice that there aren't any stub streets to this property with the adjacent subdivisions as well. The only other Ada County piece in this area is to the north and, again, it is separated -- it's hard to see on this map, but it is separated by a common lot that was created with the adjacent subdivision to the east and it is their drainage lot for their roadway system that was I believe platted sometime in the late '90s. The property is currently developed with a single family residence and an outbuilding that will remain as part of the development. The applicant will be required to hook up the existing home to city services with the development of the subdivision. In the staff report it was also noted that the home may not stay. The applicant wanted some flexibility to keep the home as part of the preliminary plat, but at the time that he decides to submit the final plat the home may be removed and the applicant would move forward with basically two buildable lots, instead one -- one lot in which the home will sit on. So, the preliminary plat itself will consist of 28 residential homes, single family homes. As mentioned to you, there is -- there are no sub streets provided to this property, so it really is an enclave surrounded by city development. So, the primary entrance would come off of Locust Grove. ACHD has analyzed this connection point and they have approved the location of this connection to Locust Grove in this area. As I noted to you to the north boundary here you do see that detention pond that was created with that subdivision. In working with the applicant and ACHD we all agree that leaving that an unfinished street Meridian City Council March 3, 2015 Page 27 of 34 section along that portion would actually better facilitate street connectivity to that property to the north if and when ACHD and that adjacent HOA coordinate on relocating that pond site or redesigning it with a future subdivision. We left it open ended there. Again, open space for this development -- the lot sizes for this development, excuse me, range in size between approximately 4,200 square feet and 7,000 square feet and -- excuse me here. And the gross density for the proposed subdivision is roughly 5.82 dwelling units to the acre, which is consistent with not only the medium density residential land use designation on the property, but also aligns with the maximum of eight dwelling units to the acre in the R-8 zone requested by the applicant. Open space for this development will consist of approximately 5.5 percent. Primary open space is along Locust Grove Road. Because this site is under five acres -- the five acre minimum, there is really no requirement for the ten percent open space, but in our analysis in the staff report and with Commission support, we felt that the development should consist of some open space -- some usable open space and a single amenity. Because the applicant is annexing into the city we are recommending a development agreement with that this evening and I will get to those provisions later on in my presentation. But I have highlighted on this exhibit where the proposed amenity would be located and at this point it is a plaza with a sitting bench for residents to sit there and maybe enjoy a book on a nice warm summer's day. The applicant did provide some home elevations for the subdivision. You can see here there are a mix of elevations are proposed for the subdivision. Because this project does abut an arterial roadway, staff has a provision in the development agreement that requires us to review every elevation for those lots that abut Locust Grove. So, we will make sure that these architectural features and these design features are mimicked on the rear elevations of those homes to add to an attractive streetscape. As I mentioned to you we are recommending a development agreement. First provision tonight is -- we want to make sure the applicant complies with the plat shown to you this evening and also the landscape plan. Again, as I mentioned to you, there is the requirement for staff to review the elevations proposed for those lots adjacent to Locust Grove. Because this is infill in nature and open space is minimal, what the applicant is proposing is primarily the maximum amount of density they can get on this site, we are restricting them to 28 single family homes. Keep in mind it may be 27 if they keep the existing home, but if it is scraped we want to at least let -- go on the record that they have that option and that flexibility to do that. And, then, also staff is recommending that you modify the DA -- one of the DA provisions -- DA provision D this evening. As I'm showing to you as it is presented to you tonight in this graphic is how I want you to act on and modify it in your motion tonight. But my original recommendation in the staff report, the way the condition was crafted implied that all the open space would be on the north boundary of one of the local streets and that wasn't the intent of the condition. This condition really spells out that the applicant needs to provide a minimum amount of open space for their project and one amenity and I feel this is a littler clearer language than what I had presented in the commission rets. And, then, staff did receive written testimony from the applicant on the commission recs and she did identify an error in one of the conditions of approval in the staff report, so I am requesting that Council strike Condition 1.2C, as it's no longer applicable to this development and it's actually represented in DA provision A. So, we don't really need it, it's already covered in a development agreement. So, the Planning and Zoning Commission did recommend approval at the February 5th hearing. Randy Meridian City Council March 3, 2015 Page 28 of 34 Clarno testified in favor and, of course, the applicant's representative submitted comments in agreement with all conditions in the staff report. Key changes to my recommendation in the staff report by the Commission -- there is a host of them listed in your hearing outline tonight, but to summarize -- I won't go through all those changes, but what had happened was initially before we got to Planning and Zoning Commission staff had recommended some modifications to the plat. The applicant obliged staff, submitted a revised plat prior to that commission hearing and so I prepared a memo before the Planning -- and presented that to the Planning and Zoning Commission that identified the changes that needed to occur in the staff report to represent what the applicant presented -- or represented the revised preliminary plat. So, that's why you see a lot of the changes that came down from the commissioners, is because we wanted to make sure that conditions aligned with the revised preliminary plat. So, other than those two items that I have asked you to identify this evening, staff has no other outstanding issues for you this evening. This concludes my presentation and I'd stand for any questions you have. Rountree: Questions for Bill? Bird: I have none. Zaremba: Mr. President? Rountree: David. Zaremba: Thank you. Thank you, Mr. President. Thank you, Bill. Two little questions. If you would go back to the DA provisions again, which was just there. Item D. Is it the intent that the plaza would be in addition to the 5.5 percent open space or is that included in the 5.5? Parsons: Council Member -- President and Council Member Zaremba, the intent is to have 5.5 percent open space and that amenity would be in one of those common lots constructed and so it's not in addition to, the plaza itself is a landscaped area within one of the common lots. So, it's incorporated into the 5.5 percent open space. Zaremba: Okay. Thank you. And one other if I may, Mr. President. You -- you mentioned since there will be several lots where the backs of the buildings would be facing Locust Grove, that we are asking for some treatment. I may be wrong, but I -- we do that regularly with commercial properties. I don't remember doing that necessarily with residential and what's going through my mind is typically they will have a fence at the back of their property and the kind of things that we suggest they do as a street facing amenity are usually below the fence line. I'm thinking rock work on pillars and, you know, maybe some modulation of services. But should we clarify that what they do needs to be visible above the fence? It seems to me that the -- I agree with asking -- yes, this will be facing a major arterial, but the backs of these homes will be facing a major arterial and there should be some appearance treatment from the arterial, but I -- I would want to add that it has to be visible above the fence. Meridian City Council March 3, 2015 Page 29 of 34 Parsons: Council Member -- or Council President, Councilman Zaremba, I think the intent here this -- this condition has been going to probably for the last year, year and a half now when we typically present this -- this to you. I think the intent behind that condition is, you're right, is to look at the elevations holistically for one thing, but we want to make sure that -- for example, if you look at these elevations staff doesn't necessarily require stone on the back of the buildings, but what we want to see are windows -- appropriately sized windows with decorative trim. We want to see eaves. If they are going to have two mixes of materials on the front fagade, why not -- and there is a gabled roof on the back of that home and you can see it above the fence line, why not treat that with a different mix of materials to give it a different look from the street and I think that's really the intent behind the condition. You're right, behind those fence lines we are probably a little bit more relaxed on that view. We really are looking at that -- that area that sticks up above the fence. And, truthfully, if they are going to have covered porches we want to make sure that that also looks as an attractive part of the building design as well. So, that's really the intent behind that condition is to make sure we just don't get two windows and a flat fagade along the back of the road. I mean that's really the intent here. If you want to craft it a little bit more saying above the fence line, we can certainly do that. I think it's easier just to leave it to staff's discretion and make sure that this mix of materials, if it's attractive, they have a covered porch and it's tied in, as the same mix of materials, I think staff has been pretty easy and a pretty quick review at staff level and get them right to building permit. So, it hasn't really hampered anything, but it's mostly elevations I have looked at. I have been looking for that -- that mix of material and sometimes variation in the roof line just with a covered porch or something just to break up the back fagade. Zaremba: If that's that the practice, that's fine. I just wanted to make sure somebody was thinking about it and you're way ahead of me. So, thank you. Rountree: Other questions? Bird: I have none. Rountree: Is the applicant here? Clarno: Members of the Council, my name is Randy Clarno. I'm the managing partner for Granton Square Properties. P.O. Box 8265, Boise. 83707. 1 will just mention that a lot has gone into this little in -fill project. I have had a lot of experience doing projects of this size and in these tight spaces, both here and in the Portland, Seattle area, and there was a lot of input given by staff and the neighborhood and we tried to pay attention to all of that to craft a project here that we think is responsible that meets the demand of the market and the esthetics of the city and the quality of the city. There were a number of issues that were brought to our attention from the neighbors. We are going to build them some new fences, so that we have a nice -- they have nice fences and we have a nice fence on the south side in particular. We are going to do a lot of nice landscaping along Locust Grove. The access issue is something, as Bill mentioned, that we worked through with ACHD and the city. The city gave us a lot of input there and I think we have paid attention to that and done something nice. To address some of the questions that you had. Having Meridian City Council March 3, 2015 Page 30 of 34 been through a few of these in the City of Meridian the last couple of years, there is a lot of subjectivity to that review, but I can assure you that I don't like straight face walls with just windows on them. So, there will be covered porches. There will be some articulation with hip and gable roofs. For example, the garage may have a hip and the rest of the windows may have a gable on the side. So, we will articulate it and do something nice there and I think you will be pleased. So, with that I will answer any questions you may have. Rountree: Any questions? Bird: I have none. Rountree: Thank you. Clarno: Uh-huh. Rountree: This is a public hearing. We are open for public comment. Anybody in the audience wishing to testify? I have no one signed up at the moment. Seeing none or any discussion? Bird: Mr. President? Rountree: Mr. Bird. Bird: Seeing nor hearing none, I move we close the public hearings on AZ 14-015 and PP 14-019. Milam: Second. Rountree: It's been moved and seconded to close the public hearings on Items 9-D and E. All those in favor signify by aye. Opposed nay. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve AZ 14-015 and include all staff and applicant comment. Milam: Second. Rountree: It's been moved and seconded to approve Item 9-D, AZ 14-015. Is there any discussion? Zaremba: Mr. President, are we approving striking 1.2.2C? Meridian City Council March 3, 2015 Page 31 of 34 Bird: Yes. That was part of his comment. Rountree: Okay. It's been moved and seconded to approve Item 9-D. Further discussion? Roll call vote, please. Roll Call: Bird, yea, Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve PP 14-019 and include all staff and applicant comments. Milam: Second. Rountree: It's been moved and seconded to approve Item 9-E. Roll call, please. Roll Call: Bird, yea; Rountree, yea, Zaremba, yea, Borton, yea; Milam, yea, Cavener, yea. MOTION CARRIED: ALL AYES. Item 10: Continued Department Reports A. Human Resources Department: Budget Amendment for .5 Full Time Employee (FTE) for Finance for the Not -to -Exceed Amount of $27,359.00 Rountree: Thank you all. Next item is a continued report from an item we have discussed. Patti? Perkins: Good evening. Rountree: Good evening. Perkins: Mr. President and Members of Council. Thank you. I come before you to present a budget amendment for a half an FTE on -- as discussed last week in our Executive Session. This half an FTE is added to support the Arts Commission and given the addition of the commission -- new commissioners and the changes that we have had, think that that is a great -- great thing to do. This budget amendment is for actually on behalf of the Finance Department. I'm doing this for my friend Stacy. So, that this is a not to exceed amount of 27,359 dollars for this budget year. This creates to full-time position as the Finance Department already has a 19 and a half hour per week who will be continuing in that role, plus taking on this Arts Commission support and so there is Meridian City Council March 3, 2015 Page 32 of 34 benefits cost also loaded into this figure. And with that I will take any questions you may have. Rountree: Any questions? Bird: I have none. I think it's great. Rountree: I'll take an opportunity just to make a comment that this rather painless process was straight forward, but was done the right way and this is how we need to add employees to our city, as opposed to just finding out about them, because somebody moved some money around. So, I'm very pleased that it came before us with a budget amendment and we have had previous discussions and all are generally in agreement with this is the right thing to do for the loss of some very, very, very valuable volunteers that have done a great job for the City of Meridian. Hopefully this will benefit not only Finance, but to HR to relieve some of the work that you do to support the commission. Perkins: Yes. We are grateful. Thank you. Bird: Mr. President? Holman: President Rountree? Rountree: Yes. Holman: I just wanted to add also that Stacy has reached out to me and let me know that she's willing to let this person also take on the HPC commission at some point. We decided we would let her transition into the arts thing first, see how much that takes up. If she has any additional time she could also take on HPC, but we will wait and see. Bird: Mr. President? Rountree: We will wait and see. Holman: Yes. Bird: I second your idea of the way this is being done right to add employees and we get to find out up front and I think it's very, very good that we have decided to do this. appreciate the people that brought it forward and with that I would move that we approve the budget from a half time to a full-time employee not to exceed 27,359 dollars. Milam: Second. Rountree: I have a motion and a second to approve Item 10-A for the budget amendment. Any discussion? Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. Meridian City Council March 3, 2015 Page 33 of 34 MOTION CARRIED: ALL AYES. Perkins: Thank you. Item 11: Future Meeting Topics Rountree: Thank you. Any future meeting topics come to mind? Don't see any. Item 12: Executive Session Per Idaho State Code 67-2345 (1)(c)(d): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; and (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Rountree: The next item is Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c), (1)(d). Borton: Second. Rountree: It's been moved and seconded to go into Executive Session per the described paragraphs. Roll call vote, please. Roll Call: Bird, yea; Rountree, yea, Zaremba, yea, Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:22 p.m. to 8:15 p.m.) Bird: I move we adjourn from Executive Session. Milam: Second. Rountree: All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council March 3, 2015 Page 34 of 34 MAYOR Y DE WEERD DATE APPROVED ATTEST: , CITY CLERK cityof ' iouxo r SEAL FST ,P� ��/Sr TRE ACV Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: PROJECT NUMBER: PP 14-020 ITEM TITLE: FFCL: Accommodatinos Subdivision by Providence Management, LLC Located South Side of E. Falcon Drive and East of S. Eagle Road Request: Preliminary Plat Approval Consisting of Fourteen (14) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.71 Acres in the R-4 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CE IDIAN* IDAHO In the Matter of the Request for Preliminary Plat Consisting of 14 Single Family Residential Building Lots and 3 Common Lots on 4.71 Acres of Land in a R-4 Zoning District, Located on the south side of E. Falcon Drive and east of S. Eagle Road, by Providence Management, LLC. Case No(s). PP -14-020 For the City Council Hearing Date of. February 17, 2015 (Findings on March 3, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 17, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 17, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 17, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 17, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-020 -I- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 17, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of February 17, 2015, attached as Exhibit A. D. Notice 2015 Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6E -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6E -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6E -7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-020 -2- 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Attached: Staff Report for the hearing date of February 17, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-020 -3- By action of the City Council at its regular meeting held on the day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED 1A MEMBER JOE BORTON OTEDCCOUNCIL VOTED--Tl-- COUNCIL OUNCIL MEMBER LUKE CAVENER VOTED1' COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: 1� U A Jaycee Iman STl1 City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Cly _ Dated: �/S��U1S City �Clerl s Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-020 -4- EXHIBIT A STAFF REPORT Hearing Date: February 17, 2015 wWEIDIANN TO: Mayor and City Council I DLA H O ` FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager (208)887-2211 SUBJECT: PP -14-020 —Accommodations Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Providence Management, LLC, is requesting preliminary plat approval of fourteen (14) residential lots and three (3) common lots on approximately 4.71 acres in the R-4 zoning district. IL SUMMARY RECOMMENDATION Staff recommends approval of the proposed preliminary plat application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission heard this item on January 15, 2015. At the public hearing, the Commission moved to recommend approval of the subject PP reauest. a. Summary of Commission Public Hearing: i. In favor: Zach Evans and Scott Wonders ii. In opposition: Brady Turner testified in opposition iii. Commenting: Bob Aldridge and Harold Krasinski iv. Written testimony: Rick Stott submitted written testimony in opposition v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Transitional lot sizes on the south boundary. ii. Traffic congestion on S. Eagle Road. iii. Maintaining surface water delivery to property on the cast boundary. iv. The fencing materials (tan vinyl) proposed for the development. C. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issues) for City Council: i. None The Meridian City Council heard this item on February 17.2015. At the public hearing. the Council approved the subject PP request aSummary of City Council Public Hearing: i. In favor: Zach Evans and Scott Wonders ii n opposition: Tammy, Conk, Michelle Stott and Michelle Reedy iii, Commenting: Bob Aldridge and Rex Conk iy, Written testimpnv: Rick and Michelle Stout. Brady and Terry Turner and Rrad L Staff presenting application: Bill Parsons ys Other staff commenting on application: None Li Key Issues of Discussion by Council: Accommodations Subdivision—PP-14-020 Page 1 C< EXHIBIT A L Iransitional lots sizes on the south hn ndary 1h Comparison of the proposed lot layout vs. the previous Harcourt Suhdiyision lot lavo t III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number PP -14- 020, as presented in the staff report for the hearing date of February 17, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number PP -14-020, as presented during the hearing on February 17, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number PP -14-020 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the south side of E. Falcon Drive, east of S. Eagle Road in the northwest' /a of Section 28, Township 3 North, Range 1 East. (Parcel #: R3193250025) B. Applicant/Owner(s): Providence Management, LLC 7761 E. Riverside Drive, Suite #100 Boise, Idaho 83714 C. Representative: Scott Wonders, J -U -B Engineers, Inc. 250 S. Beechwood Avenue, Ste. 201 Boise, Idaho 83709 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5: B. Newspaper notifications published on: December 29, 2014, and January 12, 2015 (Commission); January 26, and February 9, 2015 (Council) C. Notices mailed to subject property owners on: December 18, 2014 (Commission); January 21, 2015 (Council) D. Applicant posted notice on site(s) on: January 5, 2014 (Commission); February 3, 2015 Council Accommodations Subdivision —PP -14-020 Page 2 EXHIBIT A VI. LAND USE A. Existing Land Use(s) and Zoning: The subject site is improved with a single family residence; zoning is R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The character of the surrounding area is rural residential in nature but it is transitioning into suburban residential. C. History of Previous Actions: In 2006, the property received annexation and preliminary plat approval (AZ -06-046 and PP -06-048) to develop a residential subdivision formal known as Harcourt Subdivision. A development agreement was not required with the annexation of the property. D. Utilities: 1. Public Works: a. Location of sewer: The sewer main in S. Eagle Road is intended to serve the proposed development. The applicant will have to coordinate and secure the necessary easement from the adjacent private property owner. b. Location of water: Water mains intended to serve the subject site are located directly adjacent to the north in E. Falcon Drive. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential' (LDR) on the Comprehensive Plan Future Land Use Map (FLUM). The LDR designation allows larger lots where urban services are provided. Uses may include single-family homes at densities of three (3) dwelling units or less per acre. The subject property is currently zoned R-4.The Unified Development Code (UDC) allows a maximum of 4 dwelling units to the acre. The proposed development includes 14 residential lots on 4.71 acres for a gross density of 2.97dwelling units/acre consistent with the density of the Comprehensive Plan and the R-4 zoning district in the UDC. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) The project is conditioned to comply with all UDC standards pertaining to landscaping, signage, and fencing. • "Require common areas for all subdivisions." (3.07.02F) The subject property is below the five (5) acre minimum and does not require compliance with the 10 percent open space regulations set forth in UDC 11-3G. However, the applicant is proposing to set aside approximately A.5 percent open space (0.21 acres) and the proposed subdivision will have the right to use the open space and amenities installed with the Karmelle Subdivision, directly north of the proposed subdivision. Accommodations Subdivision -PP-14-020 Page 3 EXHIBIT A • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) The proposed development is adjacent to properties annexed into the city and services are available to be extended to the site upon development in accord with UDC 11-3A-21. • "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.02I) The subject property is surrounded by single-family residential properties developed at rural and suburban densities. The proposed development is consistent with the density of surrounding development The proposed development will also consist of single family detached dwellings. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B). On the west boundary of the development, the applicant is proposing a 20 foot wide common lot to facilitate the sewer extension to the development. Because the proposed development will take access from a local street (E. Falcon Drive), staff is not recommending a street connection in this location. However, staff believes pedestrian connectivity could be enhanced if the applicant installs a 5 -foot wide micropath within the common lot which would be extended when the adjacent R-8 zoned property to the west develops. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F). The subject property is surrounded by both rural residential property in Ada County and residential subdivisions in the City. The Future Land Use Map designates the subject property and the adjacent properties LDR. Staff is of the opinion the proposed single-family detached residences should be compatible with existing residential uses and lot sizes in the area. All of the proposed residential lots are in excess of the 8,000 square foot minimum lot size of the R-4 zone. Based on the above analysis, staff believes that the proposed development is consistent with comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principally permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site will be consistent with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-5 for the R-4 zoning district. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. Accommodations Subdivision - PP -14-020 Page 4 10,01113fl� F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Preliminary Plat (PP): The applicant requests preliminary plat approval of fourteen (14) residential lots and three (3) common lots on 4.71 acres of land in the R-4 zoning district. The minimum lot size proposed with the plat is 8,658 square feet and the average lot size is 11,718 square feet. The gross density for the proposed subdivision is 2.97 dwelling units to the acre. The density is consistent with the surrounding developments in the area and complies with the maximum density of four (4) dwelling units. Dimensional Standards: All of the proposed lots must comply with the R-4 dimensional standards established in the UDC. Staff has reviewed the proposed plat for compliance with the dimensional standards fisted in UDC Table 11-2A-5 for the R-4 district and finds the plat in compliance with these standards. All of the homes proposed for the subdivision are designed to be single family detached dwellings. Per the UDC, the minimum dwelling size within the R-4 zone must be 1,400 square feet for a single story home and 800 square feet per floor area for two-story homes. Based on the submitted elevations, it appears the future homes within the subdivision should comply with this requirement. The square footages of the homes will be verified at the time the applicant submits for building permits. Access: Access to this site is proposed via the extension of S. Caleb Court. This roadway provides a connection to E. Falcon Drive which connects to S. Eagle Road. The Karmelle Subdivision, directly north of the proposed development, also provides a local street connection to E. Victory Road. Since the property on the west boundary can access E. Falcon Drive and the Ada County property on the east boundary can extend E. Falcon Drive and S. Lyford Street is stubbed on the south boundary of this property, staff believes there is adequate vehicular connectivity with the platting of this property and is not recommending a stub street as part of the development. Open Space/Amenities: Because this site is below 5 acres in size, the UDC (11-3G-3) does not require open space or site amenities to be provided. The applicant is proposing to provide 0.21 acres of common open space for the development. Further, the applicant is the same developer of the Karmelle Subdivision to north and in the narrative the applicant has stated that the proposed subdivision will have the right to use the open space and amenities approved and constructed with the Karmelle Subdivision. Staff recommends the proposed development be included as part of the HOA created with the Karmelle Subdivision to ensure this development has the right to use the open space and amenities as proposed. As mentioned above, the Comprehensive Plan supports pedestrian connectivity between residential developments. To facilitate pedestrian connectivity with the adjacent property on the west boundary, staff recommends the applicant construct a micropath within Common Lot 6, Block 1 in accord with the standards set forth in UDC 11-3A-8. Landscaping: A landscape plan was submitted with this application, shown in Exhibit A.3. The proposed landscape plan substantially complies with the landscape ordinance (UDC 11-3B) however; the property contains existing trees that will removed and/or remain as part of the development. Per UDC 11-3B-10, mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site. With the submittal of the final plat the Accommodations Subdivision —PP -14-020 Page 5 EXHIBIT A applicant must submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Fencing: No fencing is shown on the submitted plans however, split rail fencing exists on a portion of the property; this will be removed with the development of the subdivision. Where buildable lots abut the interior common lot (Lots 5 and 7, Block 1), fencing must either be 4 -foot solid or 6 -foot open vision. This fencing must be installed with the subdivision improvements. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. A detailed fencing plan should be submitted with the final plat application. All perimeter and common open space fencing must be designed as set forth in UDC 11-3A-7. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5 -foot wide attached sidewalk is proposed along all of the local streets (S. Caleb Court and E. Falcon Drive) in accord with UDC requirements. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to receiving approval on the development plans. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. The applicant states that the proposed subdivision will connect to the pressurized irrigation system constructed with the Karmelle Subdivision in accord with UDC requirements. Existing Structures: Originally, this property was platted as Golden Eagle Estates in Ada County. The submitted plans show the existing home is to remain with the development of the subdivision. The applicant is responsible for connecting the existing residence to city services (water and sewer) and the abandonment of the existing well and septic system prior to City Engineer's signature on the final plat. Elevations: The applicant has submitted sample photos that depict the style of homes planned for the proposed subdivision. The primary building materials include stucco, brick, glass and composite roof shingles. The proposed designs are similar to those homes constructed in Karmelle Subdivision, north of this development. Staff finds the future homes will complement the existing homes in the area and demonstrate high quality building materials. Future homes constructed within this subdivision should comply with the submitted home elevations as proposed. In summary, Staff recommends approval of the proposed preliminary plat with the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 12/08/14) 3. Proposed Landscape Plan (dated: 12/09/14) 4. Proposed Building Elevations B. Conditions of Approval C. Required Findings from Unified Development Code Accommodations Subdivision—PP-14-020 Page 6 Pda 1� iFM1 : o n DtiFFF 1 ,Fair w EXHIBIT A 2. Proposed Preliminary Plat (dated: 12/08/14) PRcLI~ Pu - FOR A ACCOMMODATIONS SUBDIVISION cOTewmeiu.�rmeoMlaWn;X�.RauoluraxoDlMd[tsr�rz4 ,� .�;^a„"�*, �� xnwFnxmExiamlwrwmelwnmmworaumExavaniwagtymsxP�xmm�wxa�utt .�.. �: MERIDIANQRY� ADA COUNTY, IDAHO 2014 i •{' u3 r.( 2 p{y Ism� �F— I \ r 111 ILLS s _�•' 1 °' r x�:� -` �'" � � z Es1 °I v R e \ mf+Y -41 Y �\ Off` 111 _ @@@ g °I E E�T�itS•^ r ' WILL M INk,' 1 - t� WI. J tI 1 tp wwA R n°euro. PP -01 Accommodations Subdivision —PP -14-020 Page 8 EXHIBIT A 3. Proposed Landscape Plan (dated: 12/09/14) _, MIII iCEEC � i 11✓I Illli wr Q ✓ fW w • n::1 I \ .. art ! ��;�' n wn.a.n•• �l i! C lr _, � i 11✓I Illli wr v C Accommodations Subdivision—PP-14020 Page 9 EXHIBIT A 4. Proposed Building Elevations for Residential Homes Accommodations Subdivision —PP -14-020 Page 10 EXHIBIT A EXHIBIT B — CONDITION OF APPROVAL 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat, dated 12/08/14, is approved with the following modification: as -submitted. a. Lot 8-11. Block 1 shall be restricted to single story dwellings. 1.1.2 The landscape plan, prepared by J -U -B Engineers, dated 12/09/14, is approved with the following revisions: a. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Ehoy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. With the submittal of the final plat the applicant shall submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. b. The applicant shall construct a micropath within Common Lot 6, Block 1 in accord with the standards set forth in UDC 11-3A-8. The common lot shall be landscaped in accord with UDC 11-3B-12. c. All fencing shall be installed in accord with UDC 11-3A-7. Per UDC 11-3A-7A7a, the applicant is responsible for constructing a 4 -foot solid or 6 -foot open vision fencing along the micropath lot (Lot 6, Block 1) to distinguish the common area from the private area. A detailed fencing plan must be submitted with the final plat application. d. The applicant shall provide a minimum of 0.21 acres of common open space as proposed. The applicant is proposing that all open space and amenities developed with Karmelle Subdivision and Accommodations Subdivision be owned and maintained by a single homeowner's association. Prior to the City Engineer's signature on the final plat, the applicant shall provide written documentation that the maintenance and use of the open space and the amenities are for the benefit of both subdivisions. 1.1.3 Future homes constructed with this subdivision shall substantially comply with the submitted photos attached in Exhibit A.4. The future building restriction form shall note compliance with the approved building elevations and the minimum dwelling size in the R-4 zone. 1.1.4 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.1.5 Prior to signature on the final plat, the applicant shall connect the existing home on proposed Lot 16, Block 1 to City sewer and water, abandon the existing well and septic system and coordinate with the City's Addressing Specialist on obtaining a new street address. 1.1.6 The existing residence on proposed Lot 16, Block 1 shall comply with the R-4 setbacks in accord with UDC Table 11-2A-5. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-3 and UDC 11-2A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. Accommodations Subdivision —PP -14-020 Page 11 EXHIBIT A 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. The street light locations shown on the pre plat meet requirements. It would be preferable if the light at the end of the eastern cul-de-sac be placed as shown in Improvement Standard Drawing 6D. A street light plan showing the details described in the Meridian Improvement Standards for Street Lighting must be included for review with the Civil Site Plans. The Improvement Standards for Street Lighting can be found online at http://www.merldiancity.orgtpublic—works.aspx?id=272. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC I1 -3C-6 for single-family dwellings. 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, easements, blocks, street buffers, and mailbox placement. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-311-5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All common open space shall be maintained by an owner's association as set forth in UDC 1t - 3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC I1 -5C -3C. 1.4.3 The final plat shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-613- 713. 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC 11-6B-7. Acco n nodations Subdivision—PP-14-020 Page 12 EXHIBIT A 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The water main being proposed in through this development shall be terminated with a fire hydrant between Lots 12 and 13, Block 1. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersectmg, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. Accommodations Subdivision—PP-14-020 Page 13 EXHIBIT A 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Accommodations Subdivision —PP -14-020 Page 14 EXHIBIT A 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 3.. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no concerns related to the site design submitted with the application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. 7. ADA COUNTY HIGHWAY DISTRICT. SITE SPECIFIC CONDITIONS OF APPROVAL 1. Construct Falcon Drive as half of a 36 -foot street section with curb, gutter, and 5 -foot wide sidewalk abutting the site. 2. Construct the internal street into the site as a 36 -foot street section with rolled curb, gutter, and 5 - foot wide sidewalk within 50 -feet of right-of-way; terminating in a cul-de-sac with a minimum 45 -foot radius. 3. Construct a new local roadway (S. Caleb Court) to intersect Falcon Drive approximately 1,152 - feet east of Eagle Road, in alignment with the intersecting street, Caleb Way, to the north. 4. Payment of impacts fees are due prior to issuance of a building permit. 5. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Accommodations Subdivision —PP -14-020 Page 15 EXHIBIT A 5. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLWE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard conditions of approval in place at the time unless a waiver/valiance of said requirements or other legal relief is granted by the ACHD Commission. Accommodations Subdivision —PP -14-020 Page 16 EXHIBIT A C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the Council shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with this unified development code; If a micropath to the west is constructed and Lots 8-11, Block I are restricted to single tory dwellings, the Council finds that the proposed plat complies with the comprehensive plan and is consistent with the UDC. The Council finds the proposed plat comports to the dimensional standards of the R-4 zoning district and the subdivision regulations set forth in the UDC (please see Section 7 and Section 9 of the Staff Report for detailed analysis that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that services can be made available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., police, fine, ACRD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of the subdivision. ACRD considers road safety issues in their analysis. The Council referenced all public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. F. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council referenced all public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Accommodations Subdivision—PP-14-020 Page 17 Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: 5B PROJECT NUMBER: FP 15-005 ITEM TITLE: Hill's Century Farm Subdivision No. 2 Final Plat approval consisting of 56 building lots and 9 common lots on 19.78 acres of land in the R-8 zoning district by Brighton Investments, LLC - 5340 S. Eagle Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Professional Services Agreement For Mayor's Anti -Drug Coalition Strategic Prevention Framework State Incentive Grant Program Evaluation Services In An Amount Not To Exceed $9,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR MAYOR'S ANTI-DRUG COALITION STRATEGIC PREVENTION FRAMEWORK STATE INCENTIVE GRANT (SPF/SIG) PROGRAM EVALUATION SERVICES IN AN AMOUNT NOT TO EXCEED $9,000 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this,?— day of March, 2015 ("Effective Date"), and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Bethany Gadzinski, an individual (Contractor"). WHEREAS, in 2014, City, by and through the Mayor's Anti -Drug Coalition ("MADC"), received a Strategic Prevention Framework State Incentive Grant ("SPF/SIG") from the Idaho Office of Drug Policy; WHEREAS, MADC has invested SPF/SIG monies in programs that seek to reduce substance abuse among youth and adults by addressing the factors in our community that increase the risk of substance abuse and promoting the factors that minimize the risk of substance abuse; WHEREAS, the SPF/SIG requires evaluation of the outcomes of such programming, and Contractor is specially trained, experienced, and competent to provide, and has agreed to provide, such evaluation services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: I. TERMS AND CONDITIONS A. Scope of Services. 1. Contractor shall perform and furnish to City, upon execution of this Agreement, services described as attached hereto as Exhibit A. 2. Contractor shall provide services and work under this Agreement consistent with the SPF/SIG requirements and any other applicable standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. Contractor represents and warrants that she will perform her 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. B. Consideration. 1. City shall pay Contractor for services rendered in the form of a firm fixed amount, divided into monthly payments, through the completion and delivery of evaluation of SPF/SIG programs and surveys throughout the grant year. The amount paid by City to Contractor under this Agreement shall not exceed nine thousand dollars ($9,000.00). 2. To receive payment, Contractor shall provide a written, itemized invoice to the Meridian Police Department certifying Contractor's delivery of the specified evaluation work. Following verification of such delivery and conformance by the Meridian Police PROFESSIONAL SERVICES AGREEMENT— EVALUATION OF MADC PROGRAM PAGE 1 of 8 Department, City shall pay Contractor within thirty (30) days of receipt of such invoice. Contractor shall submit the final invoice to City no later than thirty (30) days after the expiration or termination of this Agreement. Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from 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, or transportation. Further, without limitation, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. C. Time of performance. 1. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on July 31, 2015, unless earlier terminated or mutually extended by separate written agreement. 2. 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. D. Independent contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee or agent of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. E. Indemnification and insurance. 1. Contractor shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses and other costs including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Contractor and/or Contractor's officers, employs, agents, representatives and/or subcontractors and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property and not caused by or arising out of the tortious conduct of City or its employees. PROFESSIONAL SERVICES AGREEMENT — EVALUATION OF MADC PROGRAM PAGE 2 of S 2. Contractor shall not be required by this Agreement to obtain worker's compensation insurance because she is acting as a sole practitioner; however, should Contractor, in the course of work related to this Agreement, employ any person, Contractor shall notify City and shall obtain Worker's Compensation Insurance in the statutory limits as required by law. C. Notices. Any and all notices, invoices, and/or reports required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: Lt. Scott Colaianni Bethany Gadzinski Meridian Police Department 2633 West Piazza Drive 1401 E. Watertower Street Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. D. 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. E. Assignment. It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate, sell, or subcontract any of her rights or obligations under this Agreement except upon the prior express written consent of City. F. Discrimination prohibited. In performing the services required hereunder, Contractor shall not unlawfully discriminate in violation of any federal, state Or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. G. Reports and information. At such times and in such forms as City may require, there shall be furnished to City such statements, records, reports, data and information as City may request pertaining to matters covered by this Agreement. H. Audits and inspections. At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor shall permit 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. I. 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 PROFESSIONAL SERVICES AGREEMENT -EVALUATION oFMADC PROGRAM PAGE 3 of 8 country. 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. J. Compliance with laws. In performing the scope of services required hereunder, Contractor shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments. K. Termination: 1. Grounds for termination of this Agreement shall include, but shall not be limited to: a. Any act or omission by Contractor and/or her officers, employees, or agents, by which Contractor fails to fulfill in a timely and proper manner her obligations under this Agreement, violates any of the covenants, agreements, and/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. b. A determination by the Meridian City Council that termination of this Agreement is in the best interest of City. c. An act or omission by either party which breaches any term of this Agreement. d. An act of nature, loss of grant funding, or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. e. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Either party may terminate this Agreement by providing written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A seven (7) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon mailing of written notice of termination. 3. In the event of any termination of this Agreement for any reason and/or by either party, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreement shall become City's property, and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, not to exceed the maximum amount set forth herein. 4. Notwithstanding the above or any other provision of this Agreement, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contractor, and City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount of damages due City from Contractor is determined. This provision shall survive the termination of this agreement and shall not relieve Contractor of her liability to City for damages. L. 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 PROFESSIONAL SERVICES AGREEMENT — EVALUATION OF MADC PROGRAM PAGE 4 of 8 of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. M. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its respective attorney and/or has received the opportunity to seek such advice. N. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. O. Entire agreement. This Agreement contains the entire agreement of the parties anc supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. P. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. Q. Approval required. This Agreement shall not become effective or binding until approved by the governing body of City. CON'. I -W CITY OF MERIDIAN: BY: C cc 14 d, r T_ Ch e� , Cauru�P P��a City Clerk PROFESSIONAL SERVICES AGREEMENT—EVALUATION OF MADC PROGRAM PAGE 5 of 8 EXHIBIT A SCOPE OF SERVICES E. EVALUATION EI, Tool The type of data that will be collected to measure the effectiveness of the strategies and activities of the 12 Month Coalition Action Plan. The project evaluation for MADC is broken down into Coalition Process Evaluation and Program/Objective Outcome Evaluation. Outcome data is collected utilizing already existing surveys/data tools and measures changes in the usage and perception of participants that is consistent with the goals of the project. The environmental scan of existing policies, community attitudes, behaviors, perceptions to identify gaps in the current prevention system in Meridian is completed yearly and will be continually updated to provide current data that MADC can base changes in our yearly action plan on. Coalition Process data is collected utilizing key informant interviews, brief individual telephone interviews/group interviews or written surveys, attendance lists, meeting minutes, and bi-yearly Kaizen assessments. The sole purpose of the project evaluation is to answer two questions: (1) Are the efforts of MADC reducing substance abuse among youth and, over time, among adults and (2) are the efforts of MADC establishing and strengthening collaboration among our communities, private nonprofit agencies, and federal, state, local, and tribal governments to support the efforts of our coalition to prevent and reduce substance abuse among youth. Evaluating our Environmental Change Strategies: Environmental change strategies have specific advantages over strategies that focus exclusively on the individual. Because they target a much broader audience, they have the potential to produce widespread changes in behavior at the population -level. When implemented effectively, they can create shifts in both individual attitudes and community norms that can have long-term, substantial effects: a more cost-effective solution. Ideally, the most effective prevention approaches, such as those described in our action plan, are those that include a blend of environmental strategies that align with and reinforce prevention strategies directed at individuals. But evaluating the success of environmental change strategies can be challenging; it requires a shift in thinking—from the individual as the unit of analysis to the population. We have selected the CDC developed CHANGE tool to conduct our evaluation of the environmental change strategies we deploy. Our Process Evaluation: Our process evaluation looks at how well we are developing as a coalition. It helps us determine the degree to which members are actively involved in all aspects of the coalition. Our methods for collecting process data include interviews and bi-annual coalition process assessments utilizing the Kaizen assessment tool. Outcome Evaluation: Our outcome evaluation measures the results of the program's we support, determining whether a program or strategy produced the desired changes it intended to achieve. We utilize the following tools in evaluating program outcomes: ➢ DFC Support Program Evaluation of Core Measures Survey PROFESSIONAL SERVICES AGREEMENT — EVALUATION OF MADC PROGRAM PAGE 6 of 8 ➢ MADC Funded Programs Survey —MADC utilizes the Thorsteinson assessment ➢ MADC Community Assessment — as part of MADC's Drug Free Communities grant, a city level environmental scan is conducted every other year. ➢ IDHS Region 4 assessment — this assessment is conducted by Idaho's Single State Authority each year to determine prevention program funding ➢ Drug Take Back Survey — to be given to persons dropping off their meds. This is a short three question survey asking Is this your first time to use our Drug Take Back program? How did you hear of the Meridian Police Drug Take Back program? And How did you dispose of your unused prescription or medication before this? ➢ Local school incident report data ➢ Local police data How the coalition will measure and analyze the data collected. The evaluation methodology framework will be a Community -Based Participatory model (CBPR). This model was chosen because it fully includes stakeholders. Most methodologies that use stakeholder input have an advisory committee who "blesses" the evaluation. In CBPR, stakeholders actually help design and interpret the evaluation. The CBPR is particularly appropriate for the community coalition movement. Participants in the CBPR are co -collaborators with the professional evaluator. The Kellogg Foundation defines CBPR as a collaborative approach to research that equitably involves all partners in the research process and recognizes the unique strengths that each brings. CBPR begins with a research topic of importance to the community, has the aim of combining knowledge with action and achieving social change to improve health outcomes and eliminate health disparities. Because the Coalition understands we do not have all the experience and capability needed to lead and update a CBPR evaluation for our local needs and coalition process assessment, both the outcome and process evaluation will be led by contracted evaluator Bethany Gadzinski. As the former States Single State Authority Director for Substance Abuse Prevention and Treatment, Ms. Gadzinski has access to a multitude of State, Regional and local data bases. Ms. Gadzinski has been collecting, analyzing and reporting local and State project evaluation data for the past 12 years. Ms. Gadzinski, will collect all data from individual programs. Each program will assign unique identifiers to preserve program participant confidentiality; the identity of program participants cannot be determined by any of the records or notations retained on file. Participation is strictly voluntary. Program participants will always be informed of the purpose of the evaluation and will be advised that their participation or lack thereof does not affect program eligibility or participation. When necessary, data collection will be conducted in the native language of the client. In addition, data reports will segregate data by cultural factors including age, gender, sexual orientation, race and ethnicity to address culturally appropriate data collection issues and compare data to the aggregate client population. Data changes will be tracked and reported using an Access data base that can be interfaced with SPSS software. The data will be used at two levels. First, it will be used as a means of evaluating coalition project activities. The data can provide information needed to either focus or redirect activities at the community level. Second, the data will be an additional input for the evaluation team. Members of the team can use the data to more closely evaluate the Meridian community. Additionally, the evaluation team will use the data to refine its assessment of needs and gaps. PROFESSIONAL SERVICES AGREEMENT- EVALUATION OF MADC PROGRAM PAGE 7 Of 8 E2. Barriers Describe, citing specific examples, barriers and challenges to data collection and evaluation and your plans to overcome them. Anticipating and handling potential barriers to the success of our evaluation is an important component in the evaluation process. A number of factors may influence the direction and/or success of our evaluation. Listed below are categories of factors that may influence our evaluation. Funding. Funding is typically the barrier most frequently experienced when conducting a comprehensive evaluation of a program. Evaluation requires substantial resources, and program coordinators frequently place higher priority on meeting service needs than on evaluation. Funding agencies contribute to this situation if they require evaluation without specifying the level at which it is to be done or do not allocate adequate resources for both service delivery and evaluation. To overcome this barrier we have requested the maximum amount of local evaluation funding allowed under this grant — 9%. Evaluation expertise. Contracting with an external evaluator requires a greater commitment of program funds but provides access to a higher level of expertise than is likely to be found among program coordinators or staff. To overcome this barrier we have selected to contract with an experienced local evaluator. Interference with program/school activities. There is a concern that the time required for evaluation activities adds to the workload of the person collecting the data and, in the case of the student survey, adds to an already overloaded school year. We plan to overcome this barrier by continuing the long standing dialogue with the school system and using only one, short and concise evaluation tool for prevention programs. PROFESSIONAL SERVICES AGREEMENT—EVALUATION OFMADC PROGRAM PAGE 8 of 8 Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: CableOne Movie Night in Meridian 2015 Single Night Sponsorship Agreement Between Sierra Trading Post and the City of Meridian for a Not -to -Exceed Amount of $500.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2015 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2014,A,5N�,GJ,E-NIGHTM- `-O— SPONSORSHIP AGREEMENT ("Agreement") is made on this A flay of _�W 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Sierra Trading Post, whose address is 530 East Sonata Lane, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's August 71h installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on March 31, 2015, Sponsor shall prepay to City five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE t of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2015 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 Use of City's name, logo. City hereby conveys to Sponsor 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 Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any 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 two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableCINE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor 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 Sponsor'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. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. 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. 20. 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. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. 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. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: City: Sherrie Aulbach Colin Moss sgordon@sierratradingpost.com cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: Authorized Represents Ive Signature Please Print Name CITY OF MERIDIAN: BY: [uttit t Q I ev L4 MOVIE NIGHT SINGLE—NIGHT SPONSORSHIP AG ire„ ief 0 Title ZI��I(S Date ATTEST: City Clerk PAGE 5 of 6 Exhibit A CABLEONE MOVIE NIGHT IN MERIDIAN 2015 SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo and a link to your website on your movie night's event listing on the Meridian Parks and Recreation page on Facebook. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE:'March 3, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: CableOne Movie Night in Meridian 2075 Single Night Sponsorship Between Idaho Central Credit Union and the City of Meridian for a Not -to -Exceed Amount of $650.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2015 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2014 SINLE-NIGHT,,M j � SPONSORSHIP AGREEMENT' ("Agreement") is made on this 019 ay of*'�, 1 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Idaho Central Credit Union, whose address is 4400 Central Way, Chubbuck, Idaho, 83202 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's July 24`h, 2015 and August 28'1 , 2015 installments of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single -Night sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on March 31, 2015, Sponsor shall prepay to City six hundred and fifty dollars ($650.00), which is equal to two (2) Single -Night sponsorships at five hundred dollars ($500.00) each minus a credit of three hundred and fifty dollars ($350.00) from a cancelled movie in the previous season. In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or either sponsored showings are cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit for each cancelled or shortened showing to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2015 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor 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 Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. S. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any 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 two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor 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 Sponsor'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. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. 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. 20. 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. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. 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. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Ashlee Hanover ahanover@iccu.com City: Colin Moss cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: k m Authorized Representative Signature n\& Ziac ( D V e*, Please Print Name CITY OF MERIDIAN: go r). 2 ��e eou' /fq MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP 4�vs�YtiPSS fiWr MMt Title Date ATTEST: s. PI�a1P,N Ia, c olman, City Clerk r `> PAGE 5 of 6 Exhibit A 2015 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Award of RFP and Approval of Agreement to Lawn Co. for the "LANDSCAPE MAINTENANCE SERVICES 2015-2017" Project for a Not -To -Exceed Amount of $417,925.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Wafts, Purchasing Manager CC: Jacy Jones, Mike Barton Date: 02/26/2015 Re: March 3rd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the MARCH 3RD City Council Consent Agenda for Council's consideration. Award of RFP and Approval of Agreement to LAWN CO for the "LANDSCAPE MAINTENANCE SERVICES 2015-2017" project for a Not -To -Exceed amount of $417.925.00. Recommended Council Action: Award of RFP and Approval of Agreement to LAWN CO for the Not -To -Exceed amount of $417,925.00. Thank you for your consideration • Page 1 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 12/16/2014 REQUESTING DEPARTMENT Parks Fund: 1 Department: 5210 Construction: Project Name: Project Manager: Roger Norberg Contractor/Consultant/Design Engineer: PSA: GL Account: 55104 x indscape Maintenance Department Representative: Lawn Co Project # 10151.a Task Order: BASIS OF AWARD Low Bidder Highest Rated x Master Agreement (Bid Results Attached) (Ratings Attached) yes (Category) Typical Award Yes x No If no please state circumstances and conclusion: SO Day Waiting Period Complete: February 28, 2015 PW License # na Current? (attach printout) Corporation Status Goodstanding Date Award Posted: February 18, 2015 na Insurance Certificates Received (Date): August 13, 2014 Rating: A Payment and Performance Bonds Received (Date): na Rating: na Builders Risk Ins. Req'd: Yes No If yes, has policy been purchased? (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: February 26, 2015 Approved by Council Issue Purchase Order No. Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) City of of Meridian LANDSCAPE MAINTENANCE SERVICES SELECTION RFP NUMBER: PKS-15-10151.A DUE DATE & TIME: January 23 2015 4:00 p.m. VENDOR SELECTION: (in order) 1 Lawnco 2 Cutting Edge 3 Summer Lawns 4 Trautman 5 Iron Creek LLC 6 Senske Date Posted: 2-18-2015 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES LANDSCAPE MAINTENANCE SERVICES 2015 - 2017 PROJECT # 10151.A THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES SERVICES is made this 3RD day of March, 2015, and entered into by and between the City of Meridian, a municipal corporation organized underthe laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Lawn Co., hereinafter referred to as "CONTRACTOR", whose business address is 2581 Wildwood, Boise, ID 83713. INTRODUCTION Whereas, the City has a need for services involving LANDSCAPE MAINTENANCE SERVICES 2015 - 2017; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR 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 work, and comply in all respects, as specified in the document titled "Scope of Work" 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 Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made Landscape Maintenance Services 2015 — 2017 Page 1 of 20 or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Monthly basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for a Not -To - Exceed amount of $417,925.00. 2.2 The Contractor shall provide the City with a monthly statement per the attached payment schedule, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to 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, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2017, or (c) or unless sooner terminated as provided in Sections 3.2, 3.3, 3.4, 3.5, 3.6 and Section 4 below or unless some other method or time of termination is listed in Attachment A. 3.2 Contract Extensions: Two one (1) year extensions, based on the RFP PKS-15- 10151.a proposal dated January 23, 2015, may be entered into if approved by City Council and contract is amended in writing and signed by both parties. 3.3 Non -Appropriation of Funds: If City Council fails to appropriate funds for this agreement for any fiscal year then this agreement will terminate, with no consequence to the City, at the end of September of the last year of appropriated funds. Landscape Maintenance Services 2015 —2017 Page 2 of 20 3.4 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.5 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.6 This Agreement shall terminate automatically on the occurrence of any of the following events: a) Bankruptcy of insolvency of either party; b) Sale of Contractor's business; or c) Death of Contractor. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR underthis Agreement shall, atthe option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR forthe purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. Landscape Maintenance Services 2015 — 2017 Page 3 of 20 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR 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 CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain and specifically agrees that it will maintain, throughout the term of this Agreement liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, orjudgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. Landscape Maintenance Services 2015 —2017 Page 4 of 20 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. 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 City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 CONTRACTOR LAWN Co. Attn: Stephanie Hale 2581 Wildwood Boise, ID 83713 Phone: 208-323-0234 Email: shale(a)lawnco.net 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. 8. 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. 9. 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. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Landscape Maintenance Services 2015 — 2017 Page 5 of 20 12. Reports and Information: 12.1 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. 12.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. 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 CITYfor examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts ortranscripts 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. 14. 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. 15. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 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. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. Landscape Maintenance Services 2015-2017 Page 6 of 20 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 20. 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. 21. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 22. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 23. 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. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. End of Text. Signatures to follow on next page. Landscape Maintenance Services 2015 — 2017 Page 7 of 20 Signature Page City of Meridian Landscape Maintenance Services 2015-2017 RFP PKS-15-10151.a CITY OF MERIDIAN BY: e-c'c>r-L, ()—, Dated: c3 .3 //5 - Approved by Council: LAWN C BY: Stephanie H le Dated: 2 J a-3 / J JAYCEE �,MOLMAN, CITY CLE ,t$_/'¢/1-PIDIA_N�- ml ^r STl , Purchasing Appr val �r°R , °Uepartr BY: ( Ax KEIT A S, ur asing Manager STE Director Dated::.212 5�5 Project Manager Roger NorberNorbera Dated:: 23 Recreation Landscape Maintenance Services 2015 — 2017 Page 8 of 20 Attachment A SCOPE OF WORK • SPECIAL CONDITIONS CITY OF MERIDIAN CONTRACT SITES • LANDSCAPE MAINTENANCE STANDARDS AND SPECIFICATIONS REFER TO REQUEST FOR PROPOSAL PKS-15-10151.A ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Request for Proposal Package # PKS-15-10151.a, are by this reference made a part hereof. Landscape Maintenance Services 2015 — 2017 Page 9 of 20 SPECIAL CONDITIONS CITY OF MERIDIAN CONTRACT SITES Note on Price Codes; 1) Price Codes are for internal use only. Contractor shall bill invoices with reference to either Price Code 1 or 2. Price Code 2 locations are billed out to a separate department. Landscape Maintenance Services 2015 — 2017 Page 10 of 20 Site Price Code Location 1 CHID Drain 41 1 S/W Corner Franklin & S Locust Grove 2 ACHD Drain #2 1 N/E Corner Overland & Meridian Road 3 ACHD Drain #3 1 S Locust Grove, East of Locust View Lane 4 ACHD Drain #4 1 Ustick Between Eagle & Cloverdale on South Side 5 ACHD Drain #5 1 Chinden and Linder South and West of Intersection 6 ACHD Drain #6 1 S/E corner of Carmel Drive and Meridian Road 7 Removed 8 Centennial Park 1 223 East Idaho Avenue 9 City Hall Park Cox Monument 1 Corner of Main Street & East Idaho Avenue 10 City Hall Plaza 1 33 E Broadway Avenue 11 Fire Station #1 1 540 Franklin 12 Fire Station #2 1 2401 Ten Mile Road 13 Fire Station #3 1 3545 S Locust Grove Road 14 Fire Station #4 1 2515 South Eagle Road 15 Fire Station #5 1 6001 Linder 16 IFire Safe House 1 1901 E. Lei hfield Drive 17 Fothergill Pathway 1 SE Corner Meridian Road & Woodbury 18 Generations Plaza, Splash Pad Deck Sweep 1 804 N Main Street 19 Locust Grove Well House 2 3468 S Locust Grove Road 20 Old City Hall 1 33 East Idaho Avenue 21 Overland Pump House 2 Overland & SE 5th Way 22 Pine Street Parking Lot 1 Pine & Main NE of Generations Plaza 23 Pine Street School 1 West of 611 NW 1st Street 24 Police Station 1 1401 E Water Tower + addition and Public Safety Training Center 25 Split Corridor Main St. 1 Main Street Meridian 26 Split Corridor Meridian Rd 1 Meridian Road 27 Split Corridor North Curve 1 Main and Franklin 28 Ten Mile Interchange 1 Ten Mile & 1-84 29 Water Department 1 2235 NW 8th Street 30 lWater Tower 2 1254 East Watertower Road 0B 2 Willow Brook & Jericho Lock Combo 3330 5 2 Sunn Slope and Linder tWell 2 North of 1098 Hickory(Keys on Board 2 6075 N Locust Grove Road 2 South Ten Mile b Storage Facility 2 aconic West off Eagle Between Victor /Lake Hazel Note on Price Codes; 1) Price Codes are for internal use only. Contractor shall bill invoices with reference to either Price Code 1 or 2. Price Code 2 locations are billed out to a separate department. Landscape Maintenance Services 2015 — 2017 Page 10 of 20 LANDSCAPE MAINTENANCE STANDARDS AND SPECIFICATIONS GENERAL STANDARDS 1.1. Guarantee And Replacement 1.2. Contractor Staff Training And Experience 1.3. Owner/Contractor Communication 1.4. Maintenance Record Keeping 1.5. Landscape Service Scheduling 2. SCOPE OF WORK 2.1. General Practice Guidelines For Materials And Execution 3. MATERIALS AND EXECUTION - INTEGRATED PEST MANAGEMENT, INSECTICIDE APPLICATIONS, AND WEED CONTROL 3.1 Integrated Pest Management (Ipm) 3.2. Pest Monitoring 3.3. Insecticide Applications 3.4. Weed Control 4. MATERIALS AND EXECUTION - TURF MAINTENANCE 4.1. Turf Mowing 4.2. Turf Mowing Schedule 4.3. Turf Edging And Trimming 4.4. Turf Fertilization 4.5. Turf Crabgras Control 4.6. Turf Aerating And De -Thatching 5. MATERIALS AND EXECUTION —TREES. SHRUBS, VINES GROUNDCOVER MAINTENANCE 5.1. Trees, Shrubs, Vines And Groundcover Fertilization 5.2 Shrubs, Vines And Groundcover Weed, Pest And Disease Control 5.3 Pest And Disease Control 5.4. Trees, Shrubs, Vines And Groundcover Pruning MATERIALS AND EXECUTION - GENERAL AREA MAINTENANCE 6.1. Leaf And Branch Removal 6.2. Landscape Debris Removal 6.3. Landscape Trash Removal 6.4. Mulch Replacement 6.5. Other Area Maintenance 7. MATERIALS AND EXECUTION — IRRIGATION SYSTEMS 7.1. General Irrigation System Operation 7.2. Irrigation System Monitoring 7.3. Irrigation System Maintenance, Winterization And Re -Activation 7.4. Irrigation System Repair And Renovation Landscape Maintenance Services 2015 — 2017 Page 11 of 20 Landscape Maintenance Standards and Specifications Overview: The City of Meridian Parks and Recreation (Owner) believes that work performed by qualified professionals will create a landscape that is healthy, resource efficient, sustainable, and cost efficient to manage. It is the Owner's expectation that the Contractor's proposal will comply with these professionally based standards and specifications. It should be the Contractor's expectation that the Owner will only consider awarding the contract to a Contractor whose proposal shows compliance. The Contractor should also expect adherence to these standards throughout the course of the contract. The following standard outlines the scope of services and responsibilities required of the Contractor. The specifications outline the quantity and category of work required. This contract will commence the second week of March and run for 36 consecutive weeks each calendar year. IE: March 09, 2015 to November 16, 2015 The contract (Attachment D) provides definitions of terms and other contract requirements such as insurance and licensing standards, code enforcement, work authorizations, and compliance with laws. 1. GENERAL STANDARDS 1.1. GUARANTEE AND REPLACEMENT 1.1.1. Contractor shall replace, at no additional cost to Owner, any turf or plant materials damaged because of improper maintenance attention or procedures. Replacement material shall be of the same size and variety as the dead or damaged material. Replace plant material within one working week of identification of damage. No changes to size, variety, and scheduling of replacement accepted unless accompanied by written permission. 1.1.2.Contractor is not responsible for losses, repair or replacement of damaged work or plant material resulting from theft, extreme weather conditions, vandalism, vehicular incidents (other than Contractor's vehicles) or the acts of others over whom they have no reasonable control. 1.1.3. Contractor shall inform Owner of all plant losses including those not covered by warranty and unrelated to the maintenance activities. Provide Owner with the cause of the plant loss, and provide recommendations for replacement along with pricing for replacement. 1.2. CONTRACTOR STAFF TRAINING AND EXPERIENCE 1.2.1.Contractor will provide staff able to perform work at the highest standards of horticultural excellence. Key staff shall have current knowledge of best management practices (BMP's) regarding: safety, hazardous materials spill response, plant health, pruning, integrated pest management, pesticide application, and irrigation maintenance. 1.2.2. Contractor's personnel shall be identifiable with company logoed shirts at all times when working on city property. 1.2.3. Contractor's personnel shall be subject to background checks. 1.2.4.All work performed, will be under the direct supervision of a Certified Landscape Technician (CLT). 1.2.5.All pesticide applications performed, will be by a Professional Applicator licensed by the Idaho State Department of Agriculture certified in all appropriate categories. Provide license numbers to Owner prior to award of contract. 1.2.6.No pruning of trees under this contract. Landscape Maintenance Services 2015 — 2017 Page 12 of 20 1.3. OWNER/CONTRACTOR COMMUNICATION 1.3.1.Contractor to provide an Account Manager to act on Owner's behalf regarding all matters pertaining to the performance of the Landscape Service Contractor must notify Owner when the Account Manager will be on vacation or other leave of absence and who will serve as a substitute. 1.3.2.Provide Owner with an emergency contact list identifying the names, positions held, and phone numbers of key maintenance personnel. Provide mobile and/or pager numbers for all key employees including Account Manager, Landscape Maintenance Manager and Site Supervisor. 1.3.3.Attend meetings and site inspections of the grounds as requested by Owner. 1.4. MAINTENANCE RECORD KEEPING 1.4.1.Contractor shall maintain a log of each application of fertilizer, pesticide (includes herbicides), and/or other chemicals. 1.4.2.Keep all pesticide application records in accordance with Idaho State Department of Agriculture. http://www.agri.state.id.us/index.phD 1.4.3.Supply the Owner with written copies of chemical application records monthly or as requested. 1.5. LANDSCAPE SERVICE SCHEDULING 1.5.1.Provide a written schedule for regular maintenance service days by area and submit to Owner for review. 1.5.2. Contractor must be willing to adjust schedule to avoid conflicts due to events or unforeseen circumstances. In any event, the Contractor is expected to understand the dynamics of working with the city and should expect to remain flexible to any changing conditions within reason. 1.5.3.All maintenance activities where public interacts shall be performed Monday thru Friday from 7:00 AM to 4:00 PM. 1.5.4.Saturday maintenance activities on non-public areas such as retention basins are allowed; however all schedules will be reviewed and so expectations of Contractor and Owner are met. 2. SCOPE OF WORK 2.1. GENERAL PRACTICE GUIDELINES FOR MATERIALS AND EXECUTION 2.1.1.The intent of this document is a benchmark of the Owner's minimum standards for maintenance, repair, and improvements. With that, the Owner respects the Contractor as a professional and as such, will take under consideration, recommendations for improvements. 2.1.2. Contractor shall furnish all labor, equipment, and materials necessary to complete the maintenance of turf and plantings, as specified herein. It is the intent of the Owner that all sites are maintained in a resource -efficient, sustainable, and cost-effective manner. 2.1.3. Maintenance shall consist of fertilization, pruning, mowing, irrigation, Integrated Pest Management (IPM), weed/insect/disease control, litter control, and any other procedures consistent with good horticultural practice necessary to ensure normal, vigorous, and healthy growth of turf and landscape plantings. Landscape Maintenance Services 2015 — 2017 Page 13 of 20 2.1.4.When performing any work requiring subsurface excavation, Contractor shall take care to avoid damage to existing utilities and vegetation. Contractor shall contact DIGLINE INC. at 1.208.342.1583. 2.1.5.AII turf shall be mowed with professional quality mulch -mow equipment. 2.1.6. Contractor is expected to keep and maintain professional equipment and tools sufficient for properly executing this contract. 3. MATERIALS AND EXECUTION — INTEGRATED PEST MANAGEMENT, INSECTICIDE APPLICATIONS, AND WEED CONTROL 3.1. INTEGRATED PEST MANAGEMENT (IPM) 3.1.1.Owner strongly encourages environmentally sensitive maintenance practices. Employ the principles of integrated pest management (IPM). The intent is to limit any insecticide or herbicide applications through healthy landscape management practices. 3.1.2.IPM is an approach to pest control that utilizes regular monitoring to determine necessary treatments and employs physical, mechanical, cultural, biological, and educational tactics to keep pest numbers low enough to prevent unacceptable damage or annoyance. 3.2. PEST MONITORING 3.2.1.Pest monitoring and inspections to include the following: 1. Contractor shall visually inspect all landscape areas once weekly from April through September to identify insect, and disease infestations and provide owner with findings. 3.3. INSECTICIDE APPLICATIONS 3.3.1.AII insecticide applications shall be preceded by positive pest identification. Submit these findings in writing to Owner prior to any pesticide application. 3.3.2.AII pesticides must be EPA approved and applied by an Idaho Department of Agriculture licensed Professional applicator per the label directions and in accordance with the rules set forth by the ISDA. All chemicals used must have a MSDS filed with Owner. For complete information, reference: www.agri.state.id.us/index.php 3.3.3. Contractor is responsible to verify that pesticides are appropriate for use with the respective plant materials. Contractor is responsible for any damages incurred because of applications and shall repair or replace any such damage at no cost to Owner. 3.3.4.Monitor all turf areas for infestation of Billbug and other harmful insects. Advise Owner of presence and severity of infestations. 3.4. WEED CONTROL 3.4.1.The Contractor will maintain a weed free landscape. 3.4.2.Treat all turf areas with "Trimec Low Odor" herbicide to control emerged weeds. 3.4.3. Contractor must exercise caution as to avoid overspray of turf herbicide into tree wells or onto hardscapes. 3.4.4.Control emerged weeds in shrub beds mechanically or chemically with products containing "glyphosate" systemic herbicide. Landscape Maintenance Services 2015 —2017 Page 14 of 20 3.4.5.The use of pre -emergent herbicides is encouraged. 4. MATERIALS AND EXECUTION — TURF MAINTENANCE 4.1. TURF MOWING 4.1.1.Mow all turf with professional quality mulching mower equipment. Owner reserves the right to modify, and or cancel contract in the event the owner feels that equipment utilized by the contractor is inappropriate for use on owner's property. 4.1.2.Pricing assumes that bagging and removing clippings will be required only when excessive leaf debris is present, turf is too long to mulch, or when moisture conditions are too high to allow effective mulching without substantial clumping of turf debris 4.1.3. Remove litter and debris from lawn areas prior to mowing. Mow turf areas to height of no less than 1-1/2 inches and no more than 2-1/2 inches. Coordinate all mowing schedules with Owner. Mow in alternate directions where feasible. Maintain a uniform lawn height free from scalping. 4.1.4.Never allow mower wheels or blade decks to encroach into tree wells. 4.1.5.Replace anything damaged at no cost to Owner. 4.1.6. Properly maintain tree wells. 4.1.7.Sweep or blow all clippings and trimmings from hardscapes upon completion of each mowing. 4.2. TURF MOWING SCHEDULE: Contract for 2015 is. Mar 9 through to Nov 16 4.2.1.March minimum 2 mow, trim, blow 4.2.2.April, May, June, July, August, September, weekly mow, trim, blow 4.2.3.October three mow, trim, blow 4.2.4.Ten Mile Interchange Fescue: Spring and Fall, Mow/Trim 2 times to maximum height of 6". All other times, maintain 2' buffer edge along walks with maximum 6" turf height. Boundaries of Ten Mile are confined to the irrigation system coverage. 4.3. TURF EDGING AND TRIMMING 4.3.1. Mechanically edge/ trim all landscape turf edges every mowing. Edges include all lawn perimeters and tree wells in lawn areas. Blow or sweep debris from hardscapes and non -turf landscape areas. All trash is to be removed and disposed of. 4.3.2. Contractor is responsible for damages incurred as a result of trimmer and edger damage to trees and shrubs, hardscape and irrigation components and must repair or replace any such damage at no cost to Owner. Properly maintain tree wells to minimize such damage. 4.4. TURF FERTILIZATION 4.4.1.Contractor will provide a written fertilizer schedule for each calendar season, including type and amounts of each product included in application for approval. Landscape Mainlenance Services 2015 — 2017 Page 15 of 20 4.4.2. Fertilize landscape turf areas as required to provide vigorous deep rooting and a healthy green appearance. 4.4.3.Approved fertilizer schedule must include a minimum of four applications per year, with no less than one pound of N per thousand square feet per application. 4.5. TURF CRABGRAS CONTROL 4.5.1. Contractor is responsible to maintain turf free of crabgrass. Use Dimension or approved equal pre -emergent herbicide at label rates. 4.6. TURF AERATING AND DE -THATCHING 4.6.1.Aeration or de -thatching will be performed as add on in this contract 5. MATERIALS AND EXECUTION — TREES, SHRUBS, VINES, ORNAMENTAL GRASSES, AND, GROUNDCOVER MAINTENANCE 5.1. TREES, SHRUBS, VINES AND GROUNDCOVER FERTILIZATION 5.1.1.Shrubs, vines and groundcovers: Fertilize in March or April with slow-release 1-1-1 nutrient ratio (N -P -K) 5.1.2. Perennials: Fertilize in June with same fertilizer used above per manufacturer's recommended rates. 5.1.3. Ornamental grasses: Fertilize in September with turf fertilizer approved in turf section above. Fertilize per manufacturer's recommended rates. 5.2. PEST WEED AND DISEASE CONTROL 5.2.1. Keep planter beds and tree wells free of weeds and debris. Trim groundcovers so they meet but do not grow over walkways or outside any of the planters. 5.2.2.The use of herbicides containing "Glyphosate" as an active ingredient is permitted in shrub beds. 5.2.3.Use of broadleaf herbicides is not permitted in shrub beds 5.2.4.Use of pre -emergent herbicides is permitted in shrub beds 5.2.5.Control of Insects and Diseases: The control of pests and diseases on shrubs, vines, and groundcovers are not included in this contract. If upon proper pest monitoring and identification the use of pesticides is required, provide owner with a written proposal for consideration. 5.3. TREES, SHRUBS, VINES AND GROUNDCOVER PRUNING 5.3.1.Trained personnel in accordance with accepted horticultural practices must only perform pruning. Prune to enhance the natural growth and shape of plant materials and intended function of the planting. Shearing is only permitted for formal hedges. Prune back branches as needed when interfering with walks, buildings, signage, fire control utilities, site lighting, security/safety visibility, site lighting, and vehicular circulation. Prune dead and broken branches as frequently as required. 5.3.2.Tree pruning is not in this contract. Leeway is granted for removal of low hanging limbs that interfere with mow operations and/or pedestrian access. Prune just outside the branch collar in accordance with accepted horticultural practices. 5.3.3.Replace plant materials that are disfigured or damaged due to improper pruning at no additional cost to Owner 5.3.4.Prune plantings on a rotational basis appropriate to site, need, and season and plant species. At a minimum, plants must be pruned once Landscape Maintenance Services 2015 — 2017 Page 16 of 20 5.3.5.Cut to ground and remove debris of all Day Lilies one time per season. This shall occur in autumn just prior to the final service day 5.3.6. Periodically inspect and adjust any tree staking. 5.3.7.Basil suckers shall be removed by pruning, no herbicides are allowed for sucker control. 5.3.8.Should the services of an ISA -certified arborist be required for tree pruning, the City is to be contacted for evaluation and input. This is considered an additional service. 5.4. ORNAMENTAL GRASSES 5.4.1.Ornamental Grasses with growth heights that could collapse from snow and ice, and then impede sidewalk safety or create a poor aesthetic look shall be pruned back in the fall prior to end of 36 -week contract. 5.4.2.AII other ornamental grasses shall be pruned in early spring prior to plant coming out of dormancy. Dead stalks inside of clump shall be removed to prevent interior rot. 6. MATERIALS AND EXECUTION - GENERAL AREA MAINTENANCE 6.1. LEAF AND BRANCH REMOVAL 6.1.1.Keep walks, plazas, planting beds and lawn areas free of leaves and branches. 6.1.2.Leaves shall be mulch mowed when leaf fall is not excessive and turf health is not adversely affected. 6.1.3. In autumn, leaf removal shall occur at each visit. 6.1.4. Excessive branch and debris cleanup from storm damage is not included in the contract work and is considered an additional service at Owner's request. 6.2. LANDSCAPE DEBRIS REMOVAL 6.2.1.Remove and dispose of all landscape debris, the use of onsite dumpsters for disposal of landscape debris is not permitted. 6.3. LANDSCAPE TRASH REMOVAL 6.3.1. Remove all trash from landscaping beds, tuff areas, and parking lots to an approved trash container onsite on a weekly basis. For large amounts of trash, or if there is no approved trash container onsite, Contractor shall haul it away for appropriate disposal. 6.4. MULCH REPLACEMENT 6.4.1.Mulch replacement is not included in this contract. 6.4.2. Contractor shall make recommendations for mulch replacement along with cost. 6.5. OTHER AREA MAINTENANCE 6.5.1.Ten Mile Interchange: Weekly trash pickup entire site and removal for duration of 36 -week contract with: alternate proposal for remainder of year (monthly service) 6.5.2.Fothergill Pathway: Weekly trash pickup entire site for duration of 36 week contract with: alternate proposal for remainder of year (monthly service) 6.5.3. City Hall: Monday/ Friday trash removal for duration of 36 week contract with: alternate proposal for remainder of year (weekly service) 6.5.4.Split Corridor Main, Meridian, North Curve: Weekly trash removal for duration of 36 week contract with: alternate proposal for remainder of year (weekly service) Landscape Maintenance Services 2015 — 2017 Page 17 of 20 6.5.5. Generations Plaza: Weekly trash pickup and removal for duration of 36 week contract with: alternate proposal for remainder of year (weekly service) 6.5.6.Remainder of all contract sites: Weekly trash removal for duration of 36 week contract with: alternate proposal for remainder of year (monthly service) 6.5.7.The Owner will provide all janitorial equipment and supplies. 7. MATERIALS AND EXECUTION — IRRIGATION SYSTEMS 7.1. GENERAL IRRIGATION SYSTEM OPERATION 7.1.1. Contractor is responsible for providing a staff completely trained and familiarized with the setup, monitoring, and maintenance of the irrigation systems at Owner's sites. 7.1.2. Contractor is responsible for understanding the capacities and capabilities of the irrigation system and ensuring that system adjustments or modifications do not cause landscape water demand to exceed the hydraulic capacity of the system. 7.1.3. Contractor will establish appropriate time intervals for each valve zone in the irrigation systems and adjust during the operating season as necessary. 7.1.4.Operate systems only during night hours. Daytime operation is permitted only when inspecting or testing the system, after fertilizer application, for new installations and during extreme temperatures. 7.1.5. Run times shall be sufficient to allow for saturation of the root zone without run off. This may require "cycle and soak" scheduling in spray zones. Allow adequate run times in drip irrigation zones. 7.1.6. Contractor will manage all irrigation systems for peak efficiency and water conservation. Check for proper water application rates by inspecting soil moisture and health of plant materials on a weekly basis. Adjust the irrigation frequencies as required to correct over or under watering. 7.1.7. Contractor shall manage irrigation schedules so that irrigation is applied more deeply, but less frequently, rather than small amounts on a daily basis. 7.1.8. Contractor and Owner will work in collaboration during water supply shortages and under drought conditions to develop an irrigation strategy that best preserves and protects the site's landscape investment. 7.2. IRRIGATION SYSTEM MONITORING 7.2.1.Perform Irrigation system monitoring and inspections weekly for valve operation and station run times, sprinkler rotation and direction, erosion, broken or damaged equipment, and paved surfaces or building walls/windows affected by irrigation spray. 7.2.2. Irrigation repairs under $125.00 permitted without prior approval 7.2.3. Irrigation repairs exceeding $125.00 approved in advance 7.2.4. The city reserves the right to perform irrigation repairs 7.2.5. Contractor shall submit an invoice with for repairs with labor and materials 7.2.6.Run-off of water from irrigation systems into or onto streets, sidewalks, stairs, or gutters is not permitted. Immediately make adjustments, repairs, or replacements required to correct the source of the run-off. 7.2.7.Clean and adjust heads, nozzles, valves, and drip baskets as required for correct operation 7.2.8.Properly prune plantings and remove sod and debris affecting head performance 7.2.9. Properly prune plantings and sod or debris affecting access to valves 7.2.10. Communicate to Owner any valve boxes which have settled or need attention Landscape Maintenance services 2015 —2017 Page 18 of 20 7.3. IRRIGATION SYSTEM MAINTENANCE WINTERIZATION AND RE -ACTIVATION 7.3.1.The City is responsible for winterization of sprinkler systems 7.3.2.The City is responsible for spring start-up and initial adjustments of sprinkler systems 7.3.3.The City is responsible for backflow testing, pump startup, maintenance, and operation 7.3.4.Ten Mile Interchange, City Hall, Split Corridor Main Street, Centennial Park, and Police Station are water managed and maintained by the City. The contractor will only report any damages or discrepancies found and shall not be held liable for damage to plant material due to improper soil moisture 7.3.5.Ten Mile Interchange utilizes reclaimed water. It is the contractors responsibility to understand all Federal, State, and City of Meridian rules governing reclaimed water 7.3.6.All other sites are the responsibility of the Contractor for water management and maintenance during the 36 week contact duration 7.4. IRRIGATION SYSTEM REPAIR AND RENOVATION 7.4.1.All repairs to the system shall be identical to the original installation, unless approved otherwise in advance by the Owner 7.4.2.The following repair activities are considered additional services: 1. Troubleshooting and repair of controller component 2. Damage by other than Contractor vehicles 3. Pedestrian or vandalism damage 4. Special event damage 5. Construction related damage by other than Contractor's activities 6. Storm related damage, Product failure. 7.4.3. Provide the following repair or replacement work at no cost to Owner: 1. Damage due to Contractor maintenance activities 2. Damage due to work by Contractor's construction activities, 3. Always inform Owner when shutting off the systems. Landscape Maintenance Services 2015 — 2017 Page 19 of 20 Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $417,925.00. Totals are for a 36 week period. B. LANDSCAPE MAINTENANCE SERVICES 2015 - 2018 page 20 of 20 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE 0 Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for LAWN CO. ] [ Monitor LAWN CO. business filings ] LAWN CO. 2581 WILDWOOD STREET BOISE, ID 83713 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 11 ]an 1994 Origination/Authorization: Current Registered Agent: DANIEL RITCHIE 2581 WILDWOOD STREET BOISE, ID 83713 Organizational ID / Filing C104763 Number: Number of Authorized Stock 1000 Shares: Date of Last Annual Report: 14 Nov 2014 Annual Report Due: ]an 2016 Original Filing: [ Help Me Print/View TIFF ] Filed 11 ]an 1994 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: Amendment Filed 15 Apr 2009 NAME CHANGED TO LAWN CO. Annual Reports: Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format) [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Image (PDF format) View Image (TIFF format) View Document Online View Image (PDF format) View http://www.accessidaho.org/public/sos/corp/C104763.htm1 2/26/2015 IDSOS Viewing Business Entity REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2002 CHNG RA/RO Report for year 2002 ANNUAL REPORT Report for year 2000 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year 1997 ANNUAL REPORT Report for year 1996 ANNUAL REPORT Page 2 of 2 Image (TIFF format) View Image (PDF format) View Image (TIFF formatl View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF formatl View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Imaae (TIFF format) Report for year 1996 MISCELLANEOUS View Image (PDF format) View Image (TIFF format) Report for year 1995 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1995 UNDELIVERABLE View Image PDF format View Image (TIFF format) Report for year 1994 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfoCla sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C I04763.html 2/26/2015 Client#: 1126161 LAWNCO ACORDP, CERTIFICATE OF LI4BILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A Mm ICK OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR. ALTER THE COVERAGE A I3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ISSUING tray require att endorsement. A statement on this certillcale does not confer rights to the USI Insurance Services 3285 Elder Street Boise, ID 83705 INSURED Lawn Co. 2581 Wlldwood St. Boise, ID 83713 - -"'---"""" REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00 INOICA7ED. NMAY STANDING ANY REQUIREMENT, TERM OR CONDITION CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, NgEXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHONN. MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE DOL SUB POLICY NUMBER MID OF PO 1 Y A GENERAL LIABILITY X M LIMITS 002175421 5/01/2014 06/D1/201 COMMERCIAL GENERAL LIABILITY DEACyMpOCCURRENCE. $11000000 RyEPITED CLAIMS-MADEOCCUR P EMI DT _ce $100000 MED EXPS Yana Penal). .$5000 PERSONAL BADVINJURY $1000000 OWL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000000 POUCY X PRO- LOC ,, PRODUCTS-OOMP,OP AGG s2 OLID Ogg AUTOMOBILE LIABILITY s 002176421 5/0112014 05/01/201 COMBINED SIN LE LIMIT X ANY AUTO e 1,000,060 ALL OWNED SCHEDULED BODILY INJURY {Rer perean) $ AUTOS ALTO$BODILY X HIRED Al/T05 X I'll -OWNED INJURY(Pefacedeal) s A AGE PR eccl ant S B UMBRELLA UABLAIM "CESS CESS LIAR CLAIM S EBU013630218 5/01/2014 05/01/201 EACHOCCURRENCE f2 0 0 000 CS -MADE DEO RESATION f1O OLIO AGGREGATE s2 000 OOO COMPENSATION C AND EMPLOYERS' ANOEMpPpLg1ETO50LIABILITY f 14DWSO4604 4/01/2014 041011201 X WO STATU- 0TH- ZTNEIU YIN OFFIANYCERIMEMSEREKCLUDE09ECUTIVE❑ NIA L. EACH ACCIDENT NH) $1000000 I'- d"cnalbryI,l Dyes: deacdb0 under DESCRIPTION OF OPERATION Oelav E,L. DISEASE - EA EMPLOYEE f1 OOQ DDO .L. DISEASE- POLICY LIMIT 81000000 DE$CRIPnON OF OPERATIONS I LOCATIONS I VEHICLES (ABech ACORD 101, AddRI... I Remeda Schedule, If Ilbr• space is required) Proof of Coverage CERTIFICATE HOLDER City of Meridian SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 33 E. Broadway, Ste 206 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN V Meridian, ID 83842 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORED REPRESENTATIVE ®1888.2010 ACORD CORPORATION. All lights ACORD 25 (2010106) 1 of 1 The ACORD name and logo are registered marks of ACORD #S13087247IM12608443 TJMJV bl C U b 7 E wa m 0 0l ml m l m a a� of oil of N F o x A y N 7. r1 W qFq U a 7. F W a] W q A E R Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Award of Agreement to Engineered Structures, Inc. for the 5G "OLD CITY HALL TENANT IMPROVEMENT - CONSTRUCTION MANAGEMENT SERVICES" Project for a Not -To -Exceed amount of $6,200.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Max Jensen Date: 2/26/2015 Re: March 3rd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the March 3rd City Council Consent Agenda for Council's consideration. Award of Agreement to Engineered Structures. Inc for the "OLD CITY HALL TI - CONSTRUCTION MANAGEMENT SERVICES" project for a Not -To -Exceed amount of $6.200.00. Recommended Council Action: Award of Agreement to Engineered Structures, Inc. for the Not -To -Exceed amount of $6,200.00. Thank you for your consideration • Page 1 Date: 2/26/2015 Fund: Construction: X Project Name: Project Manager: Department: CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT PIN 1840 GL Account: Project # 10242.0 PSA: Task Order: X OLD CITY HALL TI - CONSTRUCTION MANAGEMENT SERVICES Max Jensen Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the project cross fiscal years? Department Representative: n/a ESI Contract Amount: Yes No x Budget Information: FY Budget: FY15 Enhancement#: Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder Highest Rated Master Agreement X (Bid Results Attached) (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: PW License# PWC -C-11288 Corporation Status n/a Current? (attach print out) Goodstanding Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No X (Only applicabale for projects above $1,000,000) Date Award Posted: August 27, 2012 Yes Rating: Rating: If yes, has policy been purchased? n/a Date Submitted to Clerkfor Agenda: February 26, 2015 Approved by Council Issue Purchase Order No. Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) 2=4161 I SERVICE AND MAINTENANCE— SPECIAL PROJECTS DIVISON 3330 E. Louise Dr. Suite 300 Meridian, Idaho 83642 SERVICE DIVISION Phone (208) 362-3040 FAX (206) 362-3113 WWW.esi-express.com 1. AGREEMENT TO CONTRACT Date: CONSTRUCTION Engineered Structures, Inc., dba ESI -Express OWNER: MANAGER: 3330 E. Louise Dr., Ste. 300 Meridian, ID 83642 Phone: (208) 362-3040; Facsimile (208) 362-3113 Contractor Representative: Nate Hutton Owner Representative: Max Jensen Owner's Prol=-ram [Include Description of Project, Bused for Con ofthe Work Anticipated Schedule, end Procurement Method] Scope of Work: Provide new paint, carpet, lighting (including ballast and lamps) in the old City Hall Building located at 33" East Idaho, Meridian, Idaho 83642 (hereinafter referred to as the "Project"). Owner's budget for the Project is $69,000. Owner anticipates issuing stipulated sum contracts to all Prime Contractors. The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the schedules, the Construction Manager's services and the Construction Manager's compensation. Substantial Completion: The Construction Manager shall achieve Substantial Completion of the entire Work not later than forty-five (45) days from issuance of the Notice to Proceed. It is anticipated that the Prime Contractor's shall complete their Work within thirty (30) days from issuance of a Subcontract Agreement. Such lime frame shall be contingent upon procurement of materials. SCOPE OF THE AGREEMENT This Agreement represents the entire and integrated agreement between Engineered Structures, Inc. dba ESI -Express ("ESI") and [he Owner and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both ESI and Owner. Neither the rights nor duties of this Agreement may be assigned or delegated by a party without prior written consent of the other party. This Agreement is comprised of the following documents: 1. Proposal and Agreement to Contract Cover Sheet 2. Terms and Conditions of Proposal and Agreement to Contract OWNER (Signature) (Printed name, fill and address) a 7 a CONTRACTOR (Signature) Engineered Structures, Inc. dba ESI -Express (Printed name and title THOMAS D. HILL Chief Executive Oftff "Experience ... Service ... Inte LICENSES: AK, AR, AZ, CA, CO, CT, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MN, MO, MT, ND, NE, NV, NM, OH, OK, OR, PA, SC, SD, TX, UT, Vr, WA, WI, WY AK #27938 AZ ROC 132139 CA #696242 HI BC -29254 ID RCE -3108 NM #88125 NV #24265B OR CCB #77160 ARTICLE I CONSTRUCTION MANAGER'S RESPONSIBILITIES § 1.1 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously a; is consistent with such skill and care and the orderly progress of the Project. The Construction Manager shall not be responsible for actions taken by any other Consultant or Contractor. § 1.2 The Constmetion Manager shall maintain the following insurance for the duration of this Agreement. Type of Insurance Limit of Liability General Liability— general aggregate / each occurrence $1,000,000 general aggregate / $1,000,000 each occurrence Automobile Liability $1,000,000 combined single limit Worker's Compensation $1,000,000 each accident § 1.3 The Construction Manager shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Article 1. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, and Automobile Liability. ARTICLE 2 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 2.1 Definition The Construction Manager's Basic Services consist of those described in Section 2.2 and include usual and customary construction coordination and scheduling, constructability, review, cost estimating, and allocation of construction activities among the Multiple Prime Contractors. § 2.2 Construction Phase Administration of the Construction Contract § 2.2.1 Upon Owner's selection of material, Construction Manager shall develop bidders' interest in the Project, receive bids, prepare bid analyses and make recommendations to the Owner for the Owner's award of Contracts or rejection of bids. For all scopes in excess of $25,000, Construction Manager shall procure no less than three (3) bids per scope. The Project involves the repair or reconstruction of a "Public Work" within the meaning of Idaho Code Title 54, Chapter 19. Construction Manager shall comply with all applicable rules including licensure and bidding requirements. Construction Manager shall only seek bids from licensed Public Works Contractors and said bidders shall be required to comply with all applicable pub] is works bidding and contracting requirements. Furthermore, Construction Manager shall post a payment and performance bond required by 54- 4512. Owner shall prepare all multiple prime construction contracts necessary for the Project, and Construction Manager agrees to cooperate with Owner in securing contractor signatures and delivering the Agreements to Owner for Owner's approval. § 2.2.2 The Construction Manager shall provide on-site administration of the Contracts for Construction and a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 2.2.3 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Multiple Prime Contractors with each other and with those of the Construction Manager and the Owner. The Construction Manager shall coordinate the activities of the Multiple Prime Contractors in accordance with the latest approved Project schedule and the Contract Documents. § 2.2.4 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, and scheduling of the Work. § 2.2.5 The Construction Manager shall schedule all tests and inspections required by the Contract Documents or governmental authorities. § 2.2.6 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Multiple Prime Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 2.2.7 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Multiple Prime Contractors for progress and final payments. § 2.2.7.1 The Construction Manager shall review and certify the amounts due the respective Contractors as follows: Within seven days after the Construction Manager receives each Contractor's Application for Payment, the Construction Manager shall: (1) review the applications and certify the amount due each Contractor, (2) prepare a Summary of Contractors' Applications for Payment, (3) prepare a Project Application and Certificate for Payment, (4) certify the total amount due all Multiple Prime Contractors collectively, and (5) forward the Summary of Contractors' Applications for Payment and Project Application and Certificate for Payment to the Owner. § 2.2.7.2 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Work, or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.2.8 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner and Contractor of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Owner about the rejection. The failure of the Construction Manager to reject Work shall not constitute the acceptance of the Work. The Construction Manager shall record any rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the Owner. § 2.2.9 The Construction Manager shall advise and consult with the Owner during the performance of its Construction Phase Services. The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safely precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor's rights and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall be responsible for the Construction Manager's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or Multiple Prime Contractors, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 2.2.10 The Construction Manager shall transmit to the Owner requests for interpretations and requests for information of the meaning and intent of the Drawings and Specifications with its written recommendation, and assist in the resolution of questions that may arise. § 2.2.11 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives that incorporate the Owner's modifications to the Contract Documents. § 2.2.12 The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 2.2.13 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner -purchased materials, systems and equipment that are a pan of the Project until such items are incorporated into the Work. § 2.2.14 With the Owner's maintenance personnel, the Construction Manager shall observe the Contractor's or Multiple Prime Contractors' final testing and start-up of utilities, operational systems and equipment and observe any commissioning as the Contract Documents may require. § 2.2.15 When the Construction Manager considers each Contractor's Work or a designated portion thereof is substantially complete, the Construction Manager shall, jointly with the Contractor, prepare a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Owner in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 2.2.16 When the Work or designated portion thereof is substantially complete, the Construction Manager shall prepare a Certificate of Substantial Completion. The Construction Manager shall submit the executed Certificate to the Owner and Contractor. The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractor or Multiple Prime Contractors and make recommendations to the Owner when Work is ready for final inspection. The Construction Manager shall assist the Owner in conducting final inspections. § 2.2.17 The Construction Manager shall forward to the Owner the following information received from the Contractor or Multiple Prime Contractors (1) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (2) any other documentation required of the Contractor under the Contract Documents, including warranties and similar submittals. § 2.2.18 The Construction Manager shall deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Owner a final Project Application for Payment and Project Certificate for Payment or final Application for Payment and final Certificate for Payment upon the Contractor's compliance with the requirements of the Contract Documents. § 2.2.19 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Construction Manager shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE ADDITIONAL SERVICES § 3.1 Any Services not specifically referenced herein shall he deemed to be Additional Services. § 3.1.1 Additional Services may include, but is not necessarily limited to, the following: .1 Architectural interior design; .2 Furniture, fumishings, and equipment design; .3 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .4 Services necessitated by the enactment or revision of codes, laws or regulations or official interpretations after the date of this Agreement; .5 Preparation of documentation for alternate bid or proposal requests proposed by the Owner; .6 Preparation for, and attendance at, a public presentation, meeting or hearing; .7 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Construction Manager is party thereto; .8 Providing consultation concerning replacement of Work resulting from fire or other cause during construction and furnishing services required in connection with the replacement of such Work; .9 Assistance to the Initial Decision Maker; or .10 Service as the Initial Decision Maker. § 3.2 The Construction Manager shall provide Additional Services only if specifically requested in writing. Except for Additional Services required due to the fault of the Construction Manager, any Additional Services provided shall entitle the Construction Manager to compensation pursuant to Article 9. § 3.3 Upon recognizing the need to perform Additional Services, the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Construction Manager shall not proceed with Additional Services without the Owner's written authorization. § 3.4 If the services covered by this Agreement have not been completed within thirty (30) days of the date of this Agreement, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as Additional Services. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including the Owner's program, other objectives, schedule, constraints and criteria, special equipment, systems, and site requirements. Within 15 days after receipt of a written request from the Construction Manager, the Owner shall furnish the requested information as necessary and relevant for the Construction Manager to evaluate, give notice of, or enforce any lien rights, if any. § 4.2 The Owner shall establish and periodically update the Owner's budget for the Project. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager. The Owner, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. § 4.3 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it the risk of additional costs If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 4.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. § 4.5 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager. Upon the Construction Manager's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Construction Manager to furnish them as an Additional Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. § 4.6 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 4.7 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 4.5 The Owner shall provide prompt written notice to the Construction Manager if the Owner becomes aware of any fault or defect in Project, including any fault or defect in the Construction Manager's services. § 4.9 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 4.10 The Owner shall endeavor to communicate with the Contractor and the Construction Manager's consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Construction Manager of any direct communications that may affect the Construction Manager's services. § 4.11 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Construction Manager access to the Work wherever it is in preparation or progress. ARTICLE 5 COST OF THE WORK § 5.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project and shall include the contractors' general conditions costs, overhead and profit. § 5.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project. It is recognized that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager. ARTICLE 6 CLAIMS AND DISPUTES § 6.1 Prior to the initiation of any legal proceeding, the parties agree to submit all claims, disputes or controversies arising out of or in relation to the interpretation, application or enforcement of this Agreement to non-binding mediation. Mediation shall be conducted under the auspices of the American Arbitration Association or such other mediation service or mediator upon which the parties agree. The cost of Mediation shall be shared equally. The party seeking to initiate mediation shall do so by submitting a written request to the other party to this Agreement within the period specified by applicable law, but in any case not more than I year after the date of Substantial Completion of the Work. This Article shall survive completion or termination of this Agreement. ESI and Owner waive all claims and causes of action not commenced in accordance with this Article 6. § 6.2 ESI and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to alt consequential damages due to either party's termination of this Agreement. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Either party may terminate this Agreement upon not less than ten (10) days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. ARTICLES MISCELLANEOUS PROVISIONS § 8.1 This Agreement shall be governed by the law of the place where the Project is located. § 8.2 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Construction Manager. § 8.3 Unless otherwise required in this Agreement, the Construction Manager shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 8.4 The Construction Manager shall have the right to include photographic or artistic representations of the design of the Project among the Construction Manager's promotional and professional materials. The Construction Manager shall be given reasonable access to the completed Project to make such representations. However, the Construction Manager's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Construction Manager in the Owner's promotional materials for the Project. § 8.5 If the Construction Manager or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it In any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or constmction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 9 COMPENSATION § 9.1 For the Construction Manager's Construction Phase Services described under Article 2, the Owner shall compensate the Construction Manager as follows: Stipulated Sum of Four Thousand Two Hundred and No/100 Dollars ($4,200), plus Supervision at the hourly billing rates set forth in Section 9.3, not to exceed Two Thousand and No/100 Dollars ($2,000). § 9.2 For Additional Services designated in Article 3, the Owner shall compensate the Construction Manager as follows: Sixty and No/100 ($60.00) per hour. § 9.3 The hourly billing rates for services of the Construction Manager are set forth below. Em to ee or Cate ory _ Rate $0.00) § 9.4 Compensation for Reimbursable Expenses § 9.4.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Construction Manager directly related to the Project, as follows: .1 Fees paid for securing approval of authorities havingjurisdiction over the Project .2 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; and .3 All taxes levied on professional services and on reimbursable expenses. § 9.5 Payments to the Construction Manager § 9.5.1 Payments for services shall be made monthly in proportion to services performed. Payments we due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid forty-five (45) days after the invoice date shall bear interest at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. § 9.5.2 The Owner shall not withhold amounts from the Construction Manager's compensation to impose a penalty or liquidated damages on the Construction Manager, or to offset sums requested by or paid to Contractors for the cost of changes in the Work unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. eTRAKiT Page 1 of 1 Home l Setup an Account l Log In LOGIN ©REMEMBER ME Forgot Password! Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Public Works Search .0 search main Download Results Printable View '';Firsti Prev!':Pagel oft Nex[_j Lastj Details - License Number: PWC -C-11288 Registration ll: PWC -C-11288 Issue: 7/24/2014 Expire: 7/31/2015 Type: PUBLIC WORKS Sub -Typo: UNLIMITED Status: ACTIVE Company: Engineered Structures, Inc. Phone: (208)362-3040 Cell: (208) 867-1977 Pager: Fax: (208)362-3113 Owner Name: The Division of Building Safety, makes every egad to produce and publish the most cudent and accurate information possible. No wamntles, expressed or implied, are pmvided forte data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this stalement. 1-800-9553044,1090 E Walerlowxr St, Suite 150 Manahan 10 83642 HOME I CONTACT https://web.dbs.idaho.gov/etrakit3/CustonAdaho PublieWorksSearchRslts.aspx 2/26/2015 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity 0 Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for ENGINEERED STRUCTURES. INC. ] [ Monitor ENGINEERED STRUCTURES. INC. business filings ] ENGINEERED STRUCTURES, INC. 3330 E LOUISE DR STE 300 MERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 17 Dec 1992 Origination/Authorization: Current Registered Agent: THOMAS D HILL 3330 E LOUISE DR STE 300 MERIDIAN, ID 83642 Organizational ID / Filing C100423 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 21 Dec 2014 Annual Report Due: Dec 2015 Original Filing: [ Help Me Print/View TIFF ] Filed 17 Dec 1992 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: [ Help Me Print/View TIFF ] Amendment Filed 28 May NAME CHANGED View Image (PDF format) 1993 TO ENGINEERED View Image (TIFF format) STRUCTURES, INC. Annual Reports: [ Help Me Print/View TIFF ] Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 CHNG OFF/DIR Report for year 2011 CHANGE ADDRESS Report for year 2011 CHNG RA/RO View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) http://www.accessidaho.org/public/sos/corp/Cl00423.html 2/26/2015 Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Touchstone Place On -Site Water Easement MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-033348 BOISE IDAHO Pgs=5 NIKOLA OLSON 04/22/2015 02:00 PM MERIDIAN CITY NO FEE 111 11 11 11111 11111111 111 111 1 111 li 11 11111 III 1 1 11 111 00089524201500333480050054 WATER MAIN EASEMENT THIS INDENTURE, r� 1 l de this ?� day of �'10��tk1 , 20 I S between I N srANT _CQo l ry rl'oPfx-r 7 s� 1-IL the parties of the first part, and hereinafter called the Grantors,and the City of Meridian,Ada County,Idaho,the party of the second part,and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a water main at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of water mains at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said Grantee,it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs,performing other maintenance or making subsequent connection to the water main, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction,repairs and maintenance.However,Grantee shall not be responsible for repairing,replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. City of meridian,Idaho Water Main Easement - e�1-t C EASMT.WTR 1-29-09 1- 29-09.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of,or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTO ;` 7€4€14 -- t^'N 4-0 aekoct.._ /V ra Secretary Via°14 STATE OF IDAHO ) *'� 4114 ss1► ! County of Ada ) I On this g --t" day of 20 ,before me,the undersigned,a Notary Public in and for said State,pers.K`` ) ! d CHTLAS iNcJ A/ A known or identified to me to be the MAkh..art'restrterit and , respectively, of the Y aorperatie1 that vicecuted the within instrument, and acknowledged to me that such corporation executed the same. ''.."711 > 4Ar1t y CoAAP4 Jy IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year fist above written. ty t NOTARY PUBLIC FOR IDAHO ©NQS La./ t Residing at: J -1 r Z g0 Commission Expires: A-aUi I 20 O City ofm• r• Water Main . ,!'.nt SI EASMT.WTR 1-29-09 1- 29-09.doc GRANTEE: CITY OF MERIDIAN C,,cm c.� _Octet. Cou- c.O PAM/Q Attest b deaycee L. Holman, City C 1erik Approved By City Council On: STATE OF IDAHO ) ) ss County of Ada ) v-- _ On this ._, day of i-'(0. 1-\ , 20 LS ,before me,the undersigned,a Notary Public in and for said State,personally appeared'FA and JAYCEE L.HOLMAN,known to me to be the Mayor and City Clerk,res e t vefy, of the ity of Meridian,Idaho,and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. �' `7~' `I -!•e NOT!Y PI:LIC FO_ i 4 •. `4 t §H tri'' Residing at: p if, k 0.n 1� iCommission Expires: L o r u a`vt '1 a o • k (iia �g, � :,?) !:1 LIC • �•-tt' . • ++���� a/ v+....* City of meridian,Idaho Water Main Easement EASMT.WTR 1-29-09 1- 29-09.doc Legal Description Parcel S 1 107120620-City of Meridian Water Easement - Exhibit A An easement located in the NW % of the NE 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northeast corner of said Section 7, from which a Brass Cap monument marking the northwest corner of the NE %4 of said Section 7 bears N 89°28'26"W a distance of 2641.14 feet; Thence N 89°28'26 W along the northerly boundary of said NE 1/4 a distance of 1320.57 feet to an aluminum cap marking the northeast corner of said NW %4 of the NE 1; Thence S 0°30'33"W along the easterly boundary of said NW'/of the NE 1/a distance of 30.36 feet to a 5/8 inch diameter iron pin on the northerly boundary of Touchstone Place Subdivision as shown in Book 107 of Plats on Page 14842, records of Ada County, Idaho; Thence along said northerly boundary a distance of 85.00 feet along the arc of a 57,245.80 foot radius non-tangent curve left, said curve having a central angle of 0°05'06" and a long chord bearing N 89°42'47"W a distance of 85.00 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence S 0°30'45" W along the westerly boundary of said Touchstone Place Subdivision a distance of 77.06 feet to a point; Thence leaving said westerly boundary S 88°54'21"W a distance of 6.24 feet to a point; Thence N 0°51'58"W a distance of 67.67 feet to a point; Thence N 82°25'10"W a distance of 16.61 feet to a point; Thence N 0°34'17" E a distance of 7.42 feet to a point on the southerly right of way of E. Fairview Avenue; Thence a distance of 24.34 feet along the arc of 57,245.80 foot radius non-tangent curve right, said curve having a central angle of 0°01'28" and a long chord bearing S 89°46'04" E a distance of 24.34 feet to the POINT OF BEGINNING; This parcel contains 691 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS NAS LA Np Land Solutions, PC \o 4147 January 5, 2015 55 • �P p LT 11118 OF e C044/ �Lr0NW_ NPS sziutions Touchstone Place Job No. 13-1$ Land Surveying and Consulting PARCEL Si 107120620 - CITY OF MERIDIAN WATER EASEMENT EXHIBIT B BASIS OF BEARING E 1/16 6 N 89'28'26" W E. FAIRVIEW AVENUE 2641.14' 6 5 1/410--1\11-- - — 1320.57' — — 1320.57' 7 8 POINT OF BEGINNING C2 . Cl I � JI; PARCEL NO. S1107120620 L 1139 E FAIRVIEW AVE L CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING Cl 85.00' 57245.80' 0'05'06' 85.00' N 89'42'47" W C2 24.34' 57245.80' 0'0178" 24.34' S 89'46'04" E • • in 40. 411 I� N O sI LINE TABLE UNE LENGTH BEARING L1 30.36' S 0'30'33" W U 77.06' S 0'30'45" W L3 6.24' S 88'54'21" W L4 67.67' N 0'51'58" W L5 18.61' N 82'25'10" W L6 7.42' ;;;,;;piipøpIøPøIIPPPPPP1Pø1* N n a 01.LA Ato 11118 2 - 1/4 el 'ar NC) °N WNP I Lan olutions 0 40 80 160 I Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Touchstone Place Off -Site Water Easement MEETING NOTES C✓i Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS GJ ADA COUNTY RECORDER Christopher D. Rich 2015-019765 BOISE IDAHO Pgs=5 BONNIE 031121201504:05 PM MERIDIAN CITY NO FEE I1IIIVI II III 1111IIIIII1111111 1 IIIIIIIIII VIII III 00074711201500197550050052 WATER MAIN EASEMENT THIS INDENTURE, made this day of KJ o Y-CA1 20)E between .r-1LbN NOywiAw IZM f4vkirg, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a water main at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of water mains at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water main, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. City of meridian, Idaho Water Main Easement- on-S,+C EASMT.WTR 1-29-09 1- 29-09.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. CM N :. S ss County of Ada ) Thyr On this I� U day of 2 I before me, the undersigned, a Notary Public in and for said State perso ally p red and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above writtela."pAl ALD ...... ANF askA �T.=Y AR P CFO E _ Residing at:cA/ l �p Commission xpires: Vo City of meridian, fdey'VE OF W,-.•', Water Main Easement'"""""s%% EASMT.WTR 1-29-09 1- 29-09.doc GRANTEE: CITY OF MERIDIAN C'ty rG , CP'sl W i Attest Waycee L. Holman, City Clerk` ' , Approved By City Council On:�l� STATE OF IDAHO ss County of Ada ) Al g On this J day of Parr,_ , 20��, before me, the undersigned, a Notary Public in and for said State, personally appearedand JAYCEEL. HOLMAN, known to WAkX c v me to be the Mayor and City Clerk, respee y, o Wre City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. J •. • ,?9I --- O. NOTAY Pl ;'• ®T Residing at:. Commission e , City of meridian, Idaho Water Main Easement EASMT.WTR 1-29-09 1- 29-09.doc Legal Description Touchstone Place - City of Meridian Water Easement — Exhibit A An easement located in the NW %4 of the NE % of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass 'Cap monument marking the northeast corner of said Section 7, from which a Brass Cap monument marking the northwest corner of the NE '/4 of said Section 7 bears N 89028'26" W a distance of 2641.14 feet; Thence N 89°28'26 rW along the northerly boundary of said NE % a distance of 1320.57 feet to an aluminum cap marking the northeast corner of said NW % of the NE'/; Thence S 0030'33" W along the easterly boundary of said NW % of the NE Y, a distance of 30.36 feet to a 5/8 inch diameter iron pin on the northerly boundary of Touchstone Place Subdivision as shown in Book 107 of Plats on Page 14842, records of Ada County, Idaho; Thence along said northerly boundary a distance of 85.00 feet along the arc of a 57,245.80 foot radius non -tangent curve left, said curve having a central angle of 0005'06" and <a long chord bearing N 89°42'47" W a distance of 85.00 feet to a 5/8 inch diameter iron pin; Thence S 0030'45" W along the westerly boundary of said Touchstone Place Subdivision a distance of 29.28 feet to the POINT OF BEGINNING; Thence leaving said westerly boundary S 89028'23" E a distance of 12.61 feet to a point; Thence S 0051'58" E a distance of 47.40 feet to a point; Thence S 88054'21" W a distance of 13.76 feet to a point on the westerly boundary of said Touchstone Place Subdivision; Thence N 0030'45" E along said westerly boundary a distance of 47.78 feet to the POINT OF BEGINNING; This parcel contains 627 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, _PLS Land Solutions, PC Revised: January 5, 2015 L�A1 ioIutj®)ns Touchstone Place pend SUraq ng and conrwdng Job No. 13-16 CITY OF MERIDIAN - WATER EASEMENT EXHIBIT B 8 BASIS OF BEARING E 1/18 N 89'28'28' W E. FAIRVIEW AVENUE 6,L5 1/4 — _ — _ 2641.14' 7 1320.57' 1320.57' �. 7 8 POINT OF BEGINNING CURVE TABLE CURVE LENGTH RADIUS 1 DELTA 1CHOREI BEARING C1 85.00' 57245.80' 0'05'06' 1 85.00' N 89'42'47' W LINE TABLE LINE I LENGTH I BEARING L7 I 30.38' S 030'33" -I a vim®■ in olutions Land Surveying and Consulting Z31 E. 5TH ST., STE. A MERIDIAN, ID 83642 (2081280-2040 (2001208-2557 fax w .Iands lvtions.biz Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mayor's Office: MYAC Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City Courcil Update Mackenzie Lawrence, Vice Chair tate of the City r- Fel 1444 I 00 I 114, soft '` # rl 0 low :4ri 2 =- OPW r 4 4. VICU A 71 Vw _ r Upcoming: Prom Extravaganza, L March 14t", 2-015 �'� _ Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Mayor's Office: Ordinance No. 15-1638 Ordinance Amending Meridian City Code Section 2-5-3(C), Regarding Terms of Meridian Arts Commission Seats MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. 15-1638 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 2-5-3(C), REGARDING TERMS OF MERIDIAN ARTS COMMISSION SEATS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian desires to amend its ordinance to clarify provisions regarding terms of sitting commissioners and amend provisions regarding terms of newly - appointed arts commissioners, in order to assure that the terms of the commission seats are staggered; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 2-5-3(C), shall be replaced with language to read as follows: C. Terms: The terms of commissioners serving in seats I through 9 shall be as follows: Seat 1: Through February 28, 2017 Seat 2: Through February 28, 2018 Seat 3: Through February 28, 2018 Seat 4: Through February 29, 2016 Seat 5: Through February 29, 2016 Seat 6: Though February 29, 2016 Seat 7: Through February 28, 2018 Seat 8: Through February 28, 2017 Seat 9 (youth member): Through August 31, 2015 All subsequent appointments to the commission shall be made for three (3) year terms, provided that the youth member shall be appointed to a term of one (1) year, from September 1 through August 31. Commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the mayor, with confirmation by the city council. Section 2. That this ordinance shall be effective upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 3`d day of March, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this 3`d day of March, 2015. APPROVED: ATTEST: �p 1 Y-) I A �.. inren� Charlie Rountree, Council President ____. ayce olman, City Clerk ORDINANCE AMENDING MERIDIAN CITY C&E StCT 6i6 -53(C), REGARDING TERMS OF MERIDIAN ARTS COMMISSION SEATS Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. /15 - /05,;Z, Resolution Appointing Claudia Weathermon Tester to Seat 3, Ellen DeAngelis to Seat 7 and Gretchen Caserotti to Seat 8 of the Meridian Arts Commission MEETING NOTES : Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. %5' /05;L BY THE CITY COUNCIL: BIRD, BORTON, CAVE, NER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING CLAUDIA WEATHERMON TESTER TO SEAT 3; ELLEN DEANGELIS TO SEAT 7 AND GRETCHEN CASEROTTI TO SEAT 8 OF THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 3, 2015, by Ordinance no. 15-1638, Meridian City Code Title 2, Chapter 5, Section 3 was amended regarding the terms of the Meridian Arts Commissioners; WHEREAS, seats 3, 7 and 8 of the Meridian Arts Commission are currently vacant; WHEREAS, the Mayor and City Council find that it is in the best interest of the people of the City of Meridian to appoint Claudia Weathermon Tester to Seat 3, Ellen DeAngelis to Seat 7 and Gretchen Caserotti to Seat 8 of the Meridian Arts Commission. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Claudia Weathermon Tester shall be appointed to Seat 3 of the Meridian Arts Commission, which term shall run through February 28, 2018, pursuant to Meridian City Code Section 2-5-3 (C). Section 2. That Ellen DeAngelis shall be appointed to Seat 7 of the Meridian Arts Commission, which term shall run through February 28, 2018, pursuant to Meridian City Code Section 2-5-3 (C). Section 3. That Gretchen Caserotti shall be appointed to Seat 8 of the Meridian Arts Commission, which term shall run through February 28, 2017, pursuant to Meridian City Code Section 2-5-3 (C). Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 3`d day of March, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this 3`d day of March, 2015. APPROVED: Charlie Rountree, Council ATTEST: \ cilv.f V' ��/LIdIDIANA. 'my'cjololman,Tity Clerk SFAJ- RESOLUTION APPOINTING WEATHERMON TESTEIY}IS AN6E- isD CASEROTTI TO MERIDIAN ARTS COMMISSION 3725 n rugby dr boise, id 83704 208.559.0666c aretchengmld oro Cffigcaserotti City of Meridian 33 E Broadway Meridian, ID 83642 RE: Arts Commission Vacancy Dear Mayor Tammy, February 26, 2015 Thank you for considering my resume for the Meridian Arts Commission vacancy. I believe that I am well-qualified for the position due to my understanding of the many disciplines in the field and high-level experience with leadership and governance. I grew up immersed in the arts. My father owned a music store, we all participated in community theater and our family had very creative social circles. In fact my father still serves on the Minnesota Arts Foundation Board and there is a theater scholarship in my mother's name at St. Cloud State University. I studied theater, first at an acting conservatory (LA, then NYC) followed by a Bachelor's degree at Hunter College (NYC). My passions turned toward storytelling and I turned to a successful career as a children's librarian. I believe that my creative abilities and sensitivity to the human condition has helped propel me into leadership positions in the library field. While I'm not currently an active professional practitioner in the arts, my husband is a painter and our home is filled with art and music. I still live in a world immersed in the arts - visual, performance, and literary. In my time as a librarian and administrator, I have a proven track record for successfully managing people, projects, spaces and budgets. Serving on local and national boards has given me an understanding of governance and vision. And my chosen career in public service stems from a deep commitment to helping others and building strong communities. I will bring my passion and experience to the Meridian Arts Commission and work tirelessly to ensure that Meridian's residents have the opportunities to have the arts illuminate and enrich their inner lives as it has and continues to do mine. Sincerely, Gretchen Caserotti 3725 n rugby dr boise, id 83704 208.559.0666c gretchen@mId ora @gcaserotti experience Meridian Library District Library Director March 2013 - Present • Led the library to win Idaho Public Library of the Year (2014) for facilitating culture -shift to embrace a patron -first philosophy manifested in both policy and practice. • Manage the daily operations of 2 public library locations to achieve goals with available resources, including organizing management workloads and staff assignments. • Gather and use meaningful data to inform decisions about collections, programs and services. • Resolve both staff and patron issues to service-oriented conclusions and solicit feedback to improve the quality, consistency and convenience of services. Darien Library Assistant Director for Public Services July 2011 - March 2013 • Oversaw the daily operations of the six public service departments comprised of over 45 staff members and the staffing, collections & professional development budgets totaling in excess of $1 M. • Support continued learning and skill -building in staff by organizing peer -led staff trainings, webinars and other opportunities. • Encouraged adult programming. initiatives that resulted in.a 13% attendance increase. Head of Children and Teen Services June 2008 - July 2011 • Reorganized the children's collection into a more user-friendly arrangement and created a unique organizational scheme for the picture book collection that has been adopted at other libraries. Children's books remain 50% of Darien Library's total book circulation and the circulation of the picture books increased 467% as compared to a traditional alphabetic arrangement. • Designed early literacy, technology and parenting initiatives to support community needs identified by patron input. Created a calendar of programs for all ages that balance the demands of modern technology with traditional library programs, which more than doubled prior offerings. • Created new and innovative technology programs for kids such as Little Clickers, a collaborative preschool computer class that has been adopted by librarians across the country. New York Public Library Children's Librarian, Muhlenberg Branch 2006-2008 • Increased overall children's program attendance by 401% in first year of library service. • Increased overall Juvenile circulation statistics and new library cards issued to children by 120% in first year of library service. • Co -designed second floor to include space for teens and their collection with no significant cost to the library. Pratt Institute Manhattan Campus Library (NY) Graduate Library Assistant, 2006 Bank Street School of Education College Library (NY) Children's Library Intern, 2006 Kristine Larsen, Photographer (NY) Studio Manager, 1999 - 2006 Algonquin Theatre Productions (NY) Administrative Director, 2004 - 2006 3725 n rugby dr boise, id 83704 208.559.0666c aretchenPmld ora Ogcaserotti education Master of Library and Information Science Pratt Institute Graduate with Distinction Bachelor of Arts, Theatre Hunter College, City University of New York Recipient of the departmental award Excellence in Theatre Production Associate of Occupational Studies, Theatre American Academy of Dramatic Arts Sole recipient of the Max FisherAward forActing professional affiliations 2008 New York, NY 2004 New York, NY 1999 New York, NY American Library Association: Association for Library Service to Children (ALSC) member, Library Information Technology Association (LITA) member, Public Library Association (PLA) member Idaho Library Association member professional competencies • Experience managing high-stakes projects including a new building project, massive collection reorganizations and annual operating budgets • Consistently looks for improvement both in my own position and as an organization • Keeps up on current trends in technology and the library field • Experience developing departmental vision and innovative services • Maintains high standards for customer service and professionalism • Develops a supportive, creative culture for learning awards & boards Meridian Chamber of Commerce Board of Directors, 2014 - 2017 Association for Library Service to Children (ALSC) Board of Directors 2013 - 2016 Random House Advisory Board, 2012 Library Journal Mover and Shaker, 2010 resentations & workshops ALAAnnual Conference, 2014 OCLC, WebJunction Webinars, 2014 NYPL Staff Training (METRO), 2013 ALAAnnual Conference, 2012 Internet Librarian, 2012 NYPL Staff Training (InfoToday), 2011 Computers in Libraries, 2010 PLA, 2010 Internet Librarian, 2009 "Children's Librarians in the Lead" & "Stepping into the Director Role" Extreme Customer Service Library Programs from Infants to Seniors "I Want a Truck Book!" & "There's an App for That!" "Disruptive Technologies: Interactive Picture Books" Using Technology to Promote Learning, iPad Bootcamp "Information Discovery with Surfaces" "Workforce Revitalization through Unconferences: KidLib Camp" "Information Discovery with Microsoft Surfaces" WE IDIAM Application to be Considered for ' City -Appointed or Volunteer Positions Position Applying for: O Parks & Recreation Commission O Planning & Zoning Commission ((Meridian Arts Commission O Historical Preservation Commission O Transportation Commission O Impact Fee Committee O Solid Waste Advisory Commission O General Volunteer Position on Special Projects or Events as Needed (appointment not required) Name: &� E,- ' ' �t2 � Home Address: 1%I P__ (SE Telephone: 2 on, . S5(I — C) l0 U C�, E -Mail Address: Occupation: (,� by,0-M0/V` v Are you a resident of the City of Meridian? ❑ Yes 1 No If not, _do you live in Meridian's area of impact? 0 Yes No Why do you want to become involved? ��I2F ��� fnt ?f rJ E �2'i.e,✓rt c.sint7�✓ivzrL)(IHtE E2 l� C 7ary�iur�; WANT I'iZ�C 1`�CS ulFJ�sS N Do you participate in any local service clubs or other organizations? I Yes Q No 11 i v 1 �- f S S ID If so, please list: K W A N I S p r iL, p i n n) G(- ,l m What areas of city government are of most interest to you? Have you participated in any level of volunteer government service in the past? O Yes, No If so, please list: Do you understand the ti to commitment required to attend meetings and review/research data to make recommendatio/]ns? Yes 11 No Signature 9� L c • ric"< < Date Please return your completed application, resume, and letter of interest to: City Clerk'sOffice, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 8884218 Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Finance Department: Discuss Upcoming Budget & Participatory Budget Pilot Project MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Meridian Transit Planning MEETING NOTES /,/,/t 4"1,4-," Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Valley Regional Transit Meridian City Council March 31 2015 Ovalleyregionaltransit Our Mission ➢Develop and manage transportation resources and to coordinate the effective and efficient delivery of safe transportation options to the region's citizens Accountable to local governments Responsible for regional coordination Supports delivery of services by private providers va l leyreg i o n a ltra nsit I 1� I'llit VRT Local Funding ➢Operations contributions Directly fund service operations ■ Allocated among several jurisdictions where service is located ■ Voluntary general fund contributions ( ) va l leyreg i o n a ltra nsit Performance Measures Capacity 40' Transit Bus - 38 seated+19 standing+2 wheelchair * "Cutaway" — 21 seated+10 standing+2 wheelchair y Cost per service hour fixed line ■ $75-100 Passengers per revenue hour Average Weekday Trips 40 Nampa Meridian Express 42 Nampa Meridian 43 Caldwell Express va l leyreg i o n a ltra nsit Sep -08 (peak) Sep -14 23.6 16.0 11.4 8.3 32.3 22.4 What will the future look like? 600,000 1,022,000 1,022,000 276,000 4621000 462,000 12,077,000 271138,000 26,860,000 271600 430,100 233,100 35 minutes 70 minutes 50 minutes 25 minutes 50 minutes 40 minutes 20 minutes 25 minutes 25 minutes 15 minutes 20 minutes 15 minutes Ovalleyregionaltransit Options ,,Wait ➢Set Aside for Capital over Develop commuter scenario FY16 0 va l leyreg i a n a Itra nsit 1,300,000 1,250,000 1,200,000 1,150,000 1,100,000 1,050,000 1,000,000 950,000 900,000 850,000 800,000 90,000 85,000 80,000 75,000 70,000 65,000 60,000 55,000 50,000 Annual Ridership Total Boise FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 Nampa FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 160,000 140,000 120,000 100,000 80,000 60,000 40,000 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 Opportunities �OtherJurisdictions ■ Kuna , Boise looking towards service enhancements ➢COMPASS Communities In Motion 2.0 transit network update Completed Fall 2015 Western Ada and Canyon County Route Restructure ■ Stakeholder Kickoff Summer/Fall 2015 yTravel Demand Management (TDM) strategies Rideshare platform Coordinated Marketing Possible partnerships -cost sharing ACRD, School District, Employers ("N'� valley g re ionaltransit Scenario 1 ➢6,000 revenue hours per year ➢A)Local Hours Vehicles 6AM-7PM 2 Operating Cost Equipment Lease $ 489,600 $ 1201,000 $ ➢B) Commuter Hours Vehicles 6AM-9AM 4 and 5PM-7PM Operating Cost Equipment Lease $ 489, 600 $ 2401000 Uvalleyregionaltransit Total 609,600 Total $ 729,600 Commuter route Would require more vehicles ■ Likely to have higher ridership Peer Cities 140000 ------------------------------------------------------ 120000---------------------------------------- 100000 --------------------------- --------- 80000 ---------- --- --- --- --- ■ Total Population 60000 D 3 CO] r(D 'a -a &T 0- - OT O O v M. iD 0 o O O O — (D D 3 3 40000 - --- --- --- --- --- n 20000 - --- --- --- --- m r nD 0 0 0 � v+ a in v � < 0 a a ago O > C A -o D m D fD O N f"Y (D 0 ( O O (Dn `° r o 0 n Total Population va I leyreg i o n a Itra nsit 5000 5000 4000 3000 2000 1000 0 D 3 CO] r(D 'a -a &T 0- - OT O O v M. iD 0 o O O O — (D D 3 3 m n C D D Overalls Density 0 D 3 CO] r(D a o (D 7 3 3 m C D D N n C O O m r nD 0 0 ® Overal (Popul 140,000,000 -------------------------------------------------- 120,000,000 -_-_. _--------------_ __--_-_--__120,000,000 --------------------------------- ------ 100,000,000--------------------------------------------- 80,000,000 ------------------------------- -------------- ■ Federal Funds ■ State Funds 60,000,000 ------------------------------- -- --------■Local Funds 40,000,000 -------_ Fare Revenue 20,000,000 ------- I --- ----------- ---------- a FD' (D " Qj 3 a m '* as �* C: @ p (D a' �-* O -� Ln @ tn. D �* c Sources of Operating o Funds Expended I va l leyreg i o n a Itra nsit 18,000,000 --- 16,000,000 --- 14,000,000 --- 12,000,000 --- 10,000,000 --- &,000,000 --- 6,000,000 --- 4,000,000 --- 2,000,000 --- 0 w as 0 v C Annual Unlinked Trips E ---------- 700,000 ---------- 600,000 - 500,000 -- ---------- ■ Bus 400,000 - Dem. Response ---------- 300,000 Vanpool 200,000 -- --- �-�--� 100,000 0 c c v v D 7+ C ro 73 MQ D C S O � N Ovalleyregionaltransit nr CD ro v w 0 n� rt ro v Annual Vehicle Revenue Hours Al 5 5 Bus Demand Response Vanpool Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES �/'&7A� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: PROJECT NUMBER: VAC 15-003 ITEM TITLE: Reflection Ridge Subdivision No. 1, Lots 27 & 28, Block 6 Public Hearing: Vacation of the 10 -foot wide interior side public utility, drainage and irrigation easement located on the common lot line between Lots 27 & 28, Block 6 by Zach Evans Construciton - 1 1 12 & 1 124 E. Wrightwood Drive MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: PROJECT NUMBER: AZ 14-014 ITEM TITLE: Public Hearing: Sulamita Church by Architecture Northwest Located Southwest Corner of W. Cherry Lane and N. Black Cat Road: Annexation and Zoning of 9.76 Acres of Land with an R-8 Zoning District Applicant has requested Continuance to March 17, 2015 MEETING NOTES 15 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: 9C PROJECT NUMBER: CUP 14-019 ITEM TITLE: Public Hearing: Sulamita Church by Architecture Northwest Located Southwest Corner of W. Cherry Lane and N. Black Cat Road Request: Conditional Use Permit Approval to Develop a Church on Approximately 8.47 Acres in the Proposed R-8 Zoning District Applicant has requested Continuance to March 17, 2015 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: 9D PROJECT NUMBER: AZ 14-01 ITEM TITLE: Public Hearing: Granton Square Subdivision by Granton Square Properties, LLC Located East Side of N. Locust Grove Road and South of E. Ustick Road Request: Annexation of Approximately 5.13 Acres from RUT in Ada County to the R-8 (Medium Density Residential) Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: 9E PROJECT NUMBER: PP 14-019 ITEM TITLE: Public Hearing: Granton Square Subdivision by Granton Square Properties, LLC Located East Side of N. Locust Grove Road and South of E. Ustick Road Request: Preliminary Plat Approval Consisting of Twenty -Eight (28) Single Family Residential Lots and Seven (7) Common Lots on Approximately 4.81 Acres in the Proposed R-8 Zoning District MEETING NOTES M Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: HR Dept. Budget Amendment for .5 Full Time Employee (FTE) for Finance for the Not -to -Exceed Amount of $27,359.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS A'\ z Z H O Q _ W C O LL c CCD C E Q C � o M m Lo r O w L C W j W LW CO E L F �H LL O O U 6 a L N O t a n C � � d 7 � 0 m N m N N N C o N c " � m � O � O- � '.I a \ C C N E a w V Q tOi D D c m E •O a IL M 0 U d v 41 z zz z O E A N a 0 O Q•+ N o v E C 00 a y � v m m o W } v 3C a o V LL d O 3 w 3 m 00 N z N z E O W v o w o a Y O O 0 d O a Q E E a v a a OO t tf O O O f- c W 0 at \ O t a n C � � d 7 � 0 m N m N N N C o N c " � m � O � O- � '.I a f- c W 0 at \ O t $D N 0 7 W N N M N N � o N fl " N O � U � '.I a \ C C N E a w V Q tOi D D c m E q a m 0 m v n z zz z O E A N a 0 O O o v E E _ m v m m o W } 3C a o V LL d O 3 w 3 m 00 O O4��m O O o w o a Y O O 0 O a a a a a v a a OO O O O O O O O O 0 0 0 0 0 0 N N V1 VI N VI N ill c E O o 0 0 0 0 0 0 l' O l7 O t $D 0 7 m M o O LL R a o � o N " w � U � N a \ C C N E a Q � LL a D D D m E R 0 m v W z zz z n E N 0 m O 'a _ m ,� m o m a } S 3 O O Y w M o 0 O c m o ri v - O c E J QI ------------- -+I � V U Y � c 4 i i W 8E IL i _ V I C 1 c > C v o 0 m vc i L 1 n V 9 f I N L C Z y C f F U Cm a N J j '7 o o 0 c, o c, c, c, 0 o o o o o Y E Y m 7 T � a W N Vf o J3 i, 0 0 0 0 0 8 0 0 0 0 0 0 0 0 N 0 0 0 0 8 0 0 0 0 0 0 0 0 W V1 N N N VI N N V1 VI N 0 0 0 0 0 0 0 0 0 0 0 0 0 N N n LD o O O O o O V1 N N ryooc a t $D 0 7 LL R a o � o N " E O U � N a \ C C N E a Q � LL a D D D E R 0 m v W z zz z n E N O m O 'a _ m ,� m o m a } S 3 Y 0 O O c E QI � V U Y � c � W 8E IL V C v vc O 0 9 C Z y C f Cm a N J j O 6 c .� ii Y E Y m 7 T W i o J3 i, o LD o O O O o O V1 N N ryooc a t 0 O a LL R a o 0 o N " E O � a \ C C E a Q N m O a m R a o 0 o N O G l}L d E C v a 46 � LL a T R n ChLn- M co A Yv \ o . e n O, m � a M J ai 5 o c m N w Y N v « o N w O N y d ��i17 �_ J v °pc w T. c c � v c � U C '� a ed G 7m O W r« m 1 v N � Q m c c Y N i!7 J C 5 c 3 0 1O E a c 0 0 . 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L O S 3 0 u L T+ d f E E E E. -.Er, E y E E i W N a c E o t N N _ m ¢ ¢ n C 0 .3.33 w E m.:� u E E E m' _ o E E E a 3 0 11TiTT••pjjj;;; t C u `o m m m c Meridian City Council Meeting DATE: March 3, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS