2015-05-26C�WER.1AN --
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CITY OF MERIDIAN
CITY COUNCIL PRE -COUNCIL MEETING
SPECIAL MEETING
AGENDA
Tuesday, May 26, 2015 at 5:00 p.m.
Homecourt Family YMCA
936 Taylor Ave., Meridian, Idaho
Roll -call Attendance:
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
X Genesis Milam X Luke Cavener
X Mayor Tammy de Weerd
2. Adoption of the Agenda Adopted
3. Executive Session Per Idaho State Code 67-2345 (1)(a)(c): (a) To
consider hiring a public officer, employee, staff member or individual
agent, wherein the respective qualities of individuals are to be
evaluated in order to fill a particular vacancy or need. This paragraph
does not apply to filling a vacancy in an elective office or
deliberations about staffing needs in general, and (c) To Conduct
Deliberations Concerning Labor Negotiations or to Acquire an
Interest in Real Property, Which is Not Owned by a Public Agency
Into Executive Session at 5:00 p.m.
Out of Executive Session at 5:38 p.m.
Adjourned at 5:38 p.m.
Meridian City Council Pre -Council Meeting Agenda — May 26, 2015 Page 1 of 1
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.
�E IDI
AN-- CITY COUNCIL REGULAR
IDAHO MEETING AGENDA
Amended Agenda
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, May 26, 2015 at 6:00 PM
Roll -Call Attendance
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
X_ Genesis Milam X Luke Cavener
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Stephanie Moore, Adult Discipleship Minister, Ten Mile
Christian
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. Approve Minutes of May 19, 2015 City Council Meeting
B. Approve Minutes of May 5, 2015 City Council PreCouncil Meeting
C. FP 15-015 Heritage Grove Subdivision No. 2 by Green Village Development,
Inc. Located Northwest Corner of N. Locust Grove Road and E. Ustick Road
Request: Final Plat Approval of Twenty -Two (22) Single Family Residential
Lots. and Five (5) Common Lots on Approximately 4.31 Acres in the R-15
Zoning District
D. FP 15-017 Timbergrove Subdivision by Steve Arnold Located West Side of
N. Centrepoint Way and North of E. Ustick Road Request: Final Plat
Approval Consisting of Twenty (20) Buildable Lots and One (1) Common
Lot on Approximately 4.94 Acres in the C -G Zoning District
E. FP 15-018 Vicenza Subdivision No. 2 by Cottonwood Development, LLC
Located North of W. McMillan Road Between N. Black Cat Road and N. Ten
Mile Road Request: Final Plat Approval Consisting of One (1) Building Lot
and Ten (10) Common Lots on Approximately 9.34 Acres in the R-4 Zoning
District
Meridian City Council Meeting Agenda —Tuesday, May 26, 2015 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
F. FP 15-016 Paramount Subdivision No. 29 by Brighton Land Holdings, LLC
Located West Side of N. Meridian Road and the North Side of W. McMillan
Road Request: Final Plat Approval Consisting of Sixty -Two (62) Building
Lots, Twelve (12) Common Lots and Three (3) Other Lots on 18.42 Acres of
Land in an R-8 Zoning District
G. Agreement with CESCO for the Mini Heavy Equipment Rodeo Event at the
Public Works Week Expo
H. Professional Services Agreement with High Street for Musical Talent for
Concerts on Broadway in an amount not to exceed $3,500.00
Temporary License Agreement from RWP Meridian LLC to City of Meridian
to for Public Works Week Promotional Purposes
J. Approval of Change Order No. 1 to The Fresh Water Trust for the "Water
Quality Trading Feasibility Study" Project for a Not -To -Exceed amount of
$8,690.00
K. Resolution No. 15-0166: A Resolution (VAC 15-004) for the Vacation of the
5 -foot Wide Public Utility Easement that Lies Across Lot 2-5, Block 8 of
Reflection Ridge Subdivision No. 3 Located Approximately % mile South of
E. Victory Road and % mile West of S. Locust Grove Road in Section 30,
Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada
County, Idaho
L. Resolution No. 15-0167: Adopting Pathways Master Plan Amendments
M. Approval of Change Orders No. 6 and 7 to BP2 Site Work for the "WWTP
Maintenance Building" project for the Not -To -Exceed amounts of
$42,897.16 and $30,632.00 respectively.
6. Items Moved From Consent Agenda None
7. Community Items/Presentations
A. Youth Scholarship Presentation to Cady Snell
B. Youth Scholarship Presentation to Courtney Kelly
8. Action Items
A. Continued from May 5, 2015: FP 15-013 Silverwater Subdivision No. 2 by
Trilogy Development Located at the South Side of E. Victory Road on the
East Side of S. Standing Timber Way, in the NW 1/4 of Section 30,
Meridian City Council Meeting Agenda — Tuesday, May 26, 2015 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Township 3N., Range 1 E., Request for Final Plat Consisting of 2 Common
Lots on 4.67 Acres of Land in the R-8 Zoning District
Continued to June 16, 2015
B. Continued from May 5, 2015: FP 15-012 Silverwater Subdivision No. 3 by
Trilogy Development Located at the South Side of E. Victory Road Midway
Between S. Meridian Rd and S. Locust Grove Rd. in the NE 114 of Section
30, Township 3N., Range 1E., Request for Final Plat Consisting of 42
Common Lots, 6 Common lots, and 1 Other Lot on 17.22 Acres of Land in
the R-8 Zoning District
Continued to June 16, 2015
9. Department Reports
A. Meridian Arts Commission FY15 Budget Amendment for Traffic Box
Wrapping in the Not -to -Exceed Amount of $5,000.00 Approved
B. Meridian Arts Commission FY2015 Budget Amendment for Concerts on
Broadway Scholarship Funds for the Not -to -Exceed Amount of $15,000.00
Approved
C. Economic Development: Discussion of Resolution and Lease Agreement
between the City of Meridian and New Ventures Lab, Inc. for 33 East Idaho
Avenue Continued to June 2, 2015
D. Economic Development: Approval of Resolution No. 15-0168: Resolution
Approving Lease Agreement with New Ventures Lab Inc. for 33 E. Idaho
Ave. Continued to June 2, 2015
E. Police Department: Presentation of Body Worn Cameras
10. Future Meeting Topics None
11. Executive Session Per Idaho State Code 67-2345 (1)(d)(f): (d) To Consider
Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho
Code; AND (f) To Consider and Advise Its Legal Representatives in Pending
Litigation Amended onto the agenda: (a) To consider hiring a public officer,
employee, staff member or individual agent, wherein the respective qualities of
individuals are to be evaluated in order to fill a particular vacancy or need. This
paragraph does not apply to filling a vacancy in an elective office or deliberations
about staffing needs in general.
Into Executive Session at 6:54 p.m.
Out of Executive Session at 7:59 p.m.
Adjourned at 7:59 p.m.
Meridian City Council Meeting Agenda —Tuesday, May 26, 2015 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council Meeting Agenda — Tuesday, May 26, 2015 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council May 26, 2015.
A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, May
26, 2015, 2015, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David
Zaremba, Joe Borton, Genesis Milam and Luke Cavener.
Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Warren Stewart, Jeff Lavey,
Scott Colaianni, David Jones 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
De Weerd: Welcome to the City Council. We appreciate your patience. Sorry we are a
few minutes late. Thank you for joining us. For the record it is Tuesday, May 26. It's five
after 6:00. We will start with roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Stephanie Moore, Adult Discipleship
Minister, Ten Mile Christian
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Stephanie
Moore with the Ten Mile Christian Church. Every time I say that I think did I just say it
wrong. Thank you for joining us. We will invite you to join us in the community invocation
or take this as an opportunity for a moment of reflection.
Moore: Our God, we thank you so much for this evening. Some of us have come from a
long day where we are wearied and others of us are really energized by the day we have
had and either way, God, we want our attention to be on the items on this agenda,
because they are important and they are the things that keep our city running smoothly. I
thank you that we have officials and community members who are concerned with what
goes on and they are invested in bringing about a common vision. And, God, we thank
you so much that you are attentive to our city and to our people and that we can be led by
Meridian City Council
May 26, 2015
Page 2 of 21
you and encouraged by you and loved by you and so, God, we honor you with all that's in
us and in Jesus' name we pray, amen.
Item 4: Adoption of the Agenda
De Weerd: Thank you. Item No. 4 is adoption of the agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: On the agenda on Item 5-K, the resolution number is 15-0166. On Item 5-L
the resolution number is 15-0167. And on Item 8-A and B, the applicant has requested
those to continue to June 16th, 2015. On Item 9-D, the resolution number is 15-0168.
And Item 11 we need to add a paragraph (a) to that list that will be considered under the
Executive Session. With those additions, Madam Mayor, I move that we approve the
agenda.
Bird: Second.
De Weerd: I have a motion and a second to approve the agenda as amended. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Item 5 is our Consent Agenda.
Item 5: Consent Agenda
A. Approve Minutes of May 19, 2015 City Council Meeting
B. Approve Minutes of May 5, 2015 City Council PreCouncil Meeting
C. FP 15-015 Heritage Grove Subdivision No. 2 by Green Village
Development, Inc. Located Northwest Corner of N. Locust Grove
Road and E. Ustick Road Request: Final Plat Approval of
Twenty -Two (22) Single Family Residential Lots and Five (5)
Common Lots on Approximately 4.31 Acres in the R-15 Zoning
District
D. FP 15-017 Timbergrove Subdivision by Steve Arnold Located
West Side of N. Centrepoint Way and North of E. Ustick Road
Request: Final Plat Approval Consisting of Twenty (20) Buildable
Lots and One (1) Common Lot on Approximately 4.94 Acres in
the C -G Zoning District
Meridian City Council
May 26, 2015
Page 3 of 21
E. FP 15-018 Vicenza Subdivision No. 2 by Cottonwood
Development, LLC Located North of W. McMillan Road Between
N. Black Cat Road and N. Ten Mile Road Request: Final Plat
Approval Consisting of One (1) Building Lot and Ten (10)
Common Lots on Approximately 9.34 Acres in the R-4 Zoning
District
F. FP 15-016 Paramount Subdivision No. 29 by Brighton Land
Holdings, LLC Located West Side of N. Meridian Road and the
North Side of W. McMillan Road Request: Final Plat Approval
Consisting of Sixty -Two (62) Building Lots, Twelve (12) Common
Lots and Three (3) Other Lots on 18.42 Acres of Land in an R-8
Zoning District
G. Agreement with CESCO for the Mini Heavy Equipment Rodeo
Event at the Public Works Week Expo
H. Professional Services Agreement with High Street for Musical
Talent for Concerts on Broadway in an amount not to exceed
$3,500.00
Temporary License Agreement from RWP Meridian LLC to City
of Meridian to for Public Works Week Promotional Purposes
J. Approval of Change Order No. 1 to The Fresh Water Trust for the
"Water Quality Trading Feasibility Study" Project for a Not -To -
Exceed amount of $8,690.00
K. Resolution No. 15-0166: A Resolution (VAC 15-004) for the
Vacation of the 5 -foot Wide Public Utility Easement that Lies
Across Lot 2-5, Block 8 of Reflection Ridge Subdivision No. 3
Located Approximately'/2 mile South of E. Victory Road and
mile West of S. Locust Grove Road in Section 30, Township 3
North, Range 1 East, Boise Meridian, City of Meridian, Ada
County, Idaho
L. Resolution No. 15-0167: Adopting Pathways Master Plan
Amendments
M. Approval of Change Orders No. 6 and 7 to BP2 Site Work for the
"WWTP Maintenance Building" project for the Not -To -Exceed
amounts of $42,897.16 and $30,632.00 respectively.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
May 26, 2015
Page 4 of 21
Rountree: I move that we approve the Consent Agenda with the previously added
resolution numbers. Authorize the Clerk to attest and the Mayor to sign.
Bird: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk,
will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
MOTION CARRIED: ALL AYES.
Item 6: Items Moved From Consent Agenda
Item 7: Community Items/Presentations
A. Youth Scholarship Presentation to Cady Snell
De Weerd: I think you already got all ayes. Motion carried. I have the privilege of this
next item on 7-A giving a youth scholarship to I think a face that should look familiar to
City Council. Just to -- to remind our Council and certainly to set the stage, our
scholarships are funded by the State of the City sponsors. It's really been a long-term
commitment to making sure that as we look at the State of the City we stay committed to
the youth of our community and the youth scholarships are to recognize youth that have
generously given their time and talent to our community in some fashion. It's not just
about school performance, it is about community involvement and community
engagement and so we do have a panel of raters that are represented -- represented by
various stakeholders in our community that we redact the names and some of the
identifiers, so we cannot be biased to any particular person, but really rate them on the
merit of what the scholarship was intended to do and so this first scholarship award
winner is a winner. She has been our chair for the Mayor's Youth Advisory Council for the
last two years and certainly as Cady has been involved with the Mayor's Youth Advisory
Council, we have seen a lot of individual growth and certainly leadership growth and let
me read a few words about Cady. Cady is graduating from Rocky Mountain High School.
She has been a leader in the Mayor's Youth Advisory Council for the last four years,
serving the last two as chair. Cady has been instrumental in the success of Ball and the
Hall and played a major effort in the leadership development of others through fundraising
for the National League of Cities that was held in Austin this last fall. In addition to her
time in MYAC Cady is involved in the Mayor's Anti -Drug Coalition, serving on the Strategic
Prevention Framework Committee. She has also served as one of the ten national teen
influencers through Mothers Against Drunk Driving. Cady will begin college this fall at
Grand Canyon University and I can't believe she's leaving Meridian. But she hopes to
become a high school English teacher and as we send Cady off with a scholarship,
investing in her future, because she invested in our communities. We do hope that she
will find her way back. So, I'm trying not to be emotional. To -- to use her -- continue to
Meridian City Council
May 25, 2015
Page 5 of 21
use her talents, her passion for this community and, Cady, I will invite you to come
forward at this time. And I will tell you that Cady is having her graduation party tonight
and it's going on right now. So, we are very privileged to have you here, Cady, and this is
not your thousand dollar scholarship. We will send that directly to the university. But just
a small token of our appreciation for everything you have done in our community.
Snell: I would just like to say thank you to the City Council members for supporting me
and MYAC in everything we have done and I just feel blessed to have been a part of this
wonderful city and for the Council and community. So, thank you.
B. Youth Scholarship Presentation to Courtney Kelly
De Weerd: Our second senior, Courtney Kelly -- is Courtney here? Thank you for being
here. Is graduating from Mountain View High School and has a weighted GPA of 4.13.
Courtney says music is her passion and has played the violin for as long as she can
remember in a variety of orchestras. She has also made volunteering and giving back to
the community a priority in her daily life. She has served as a Meridian Food Bank
volunteer, participated in the Project Linus to make fleece blankets for City Light Women
and Children's Center. She has helped at the Boise River of Life Rescue Mission. Has
been involved in Rake Up Boise and Rake Up Meridian, as well as numerous other
volunteer activities. Courtney plans at attend the College of Idaho and double major in
biology and music and so if you will join me in welcoming Courtney Kelly up front.
Kelly: I just want to say I'm deeply honored to be a part of this community and am deeply
thankful to all the Council members for awarding me this scholarship. Thank you.
De Weerd: Thank you. Courtney, thank you for joining us. And, certainly, as Cady ran
off to join her party again, I can tell you I heard comments from those that -- that did the
evaluating of all those that applied for these city scholarships how outstanding those that
applied were. Truly we have a bright future with the teens from the City of Meridian and
just, Courtney, thank you for joining us and we wish you nothing but success and as I
mentioned to Cady, we do hope as you have invested in our community and the
community in turn has invested that back into your education that you will remember to
come home and have your career and raising your family here. So, thanks for joining us.
And you don't have to stay if you do not want to. It's not tied to the scholarship.
Item 8: Action Items
A. Continued from May 5, 2015: FP 15-013 Silverwater Subdivision
No. 2 by Trilogy Development Located at the South Side of E.
Victory Road on the East Side of S. Standing Timber Way, in the
NW 1/4 of Section 30, Township 3N., Range 1 E., Request for
Final Plat Consisting of 2 Common Lots on 4.67 Acres of Land in
the R-8 Zoning District
Meridian City Council
May 26, 2015
Page 6 of 21
B. Continued from May 5, 2015: FP 15-012 Silverwater Subdivision
No. 3 by Trilogy Development Located at the South Side of E.
Victory Road Midway Between S. Meridian Rd and S. Locust
Grove Rd. in the NE 1/4 of Section 30, Township 3N., Range 1E.,
Request for Final Plat Consisting of 42 Common Lots, 6
Common lots, and 1 Other Lot on 17.22 Acres of Land in the R-8
Zoning District
De Weerd; Okay. Item 8-A and B have been requested to continue to June 16th and
that's Final Plat 15-013 and Final Plat 15-012.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue FP 15-013 and FP 15-012 to June 16th, 2015.
Milam: Second.
De Weerd: I have a motion and a second to continue these two items to June 16th, 2015.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 9: Department Reports
A. Meridian Arts Commission FY15 Budget Amendment for Traffic
Box Wrapping in the Not -to -Exceed Amount of $5,000.00
De Weerd: Item 9-A is under our Arts Commission and we have Mary and Hillary here
from the Arts Commission to address these next two items. Thank you for joining us.
Hillary, I think you're still young enough looking you could have gotten that scholarship.
Bodnar: I went to U of I. 1 don't know if I have to state my name. I'm Hillary Bodnar and
I'm here to stand for any questions regarding the Meridian Arts Commission budget
amendment for traffic box wrapping for the not to exceed amount of 5,000 dollars. You
have got the amendment in front of you. This is with MDC and they are going to
reimburse the city 5,000 dollars for the wrap traffic boxes in downtown Meridian.
De Weerd: A pass through to make sure that we get that -- the money to the Arts
Commission who -- Mary, maybe you can talk a little bit about the art that was selected,
how it was selected and give us a little background.
Jensen: I can. And I believe you will be seeing this art in the coming weeks -- maybe
even next week. Soon. So, hopefully, this will just lead up to that for you. But we did do
a public call to not only artists, but any art enthusiast within the community. So, we had
Meridian City Council
May 26, 2015
Page 7 of 21
school children all the way up to professional artists that submitted their artwork for the
traffic boxes. A small number of commissioners were selected to go through all of the art
-- remind me of how many pieces. Two hundred --
Bodnar: Two hundred and fifty-nine pieces submitted.
Jensen: Two hundred and fifty-nine pieces of art from our community and all of it, from
what I saw, was great. They didn't get to select of them, of course, but I think they will
have around 60 for you to see. We are creating a repository of artwork that we are
holding for a year, I believe, and we will be able to use that collected artwork as more
money becomes available to wrap each traffic box. So, we are really excited about it. I
wish I had a picture here, but you will get to see them soon and it's been a great process.
De Weerd: That's great. And that repository will also -- if someone in the community
would like to sponsor a box it has -- it's art that they can choose from; correct?
Jensen: Correct. Yes
De Weerd: Excellent. Counsel, any questions?
Rountree: No. The repository approach I think is a great idea.
Bird: Yes.
Rountree: It gives an opportunity to give everybody a chance to have some of their art
displayed and if there is 60 that are really great that's even better.
Jensen: We are very excited about it.
Bodnar: Yeah.
Milam: Madam Mayor?
De Weerd: Yes, Mrs. Milam.
Milam: I move that we approve the budget amendment for traffic box wrapping in the not
to exceed amount of 5,000 dollars.
Bird: Second.
De Weerd: I have a motion and a second to approve 9-A. Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carries.
Meridian City Council
May 26, 2015
Page 8 of 21
MOTION CARRIED: ALL AYES.
B. Meridian Arts Commission FY2015 Budget Amendment for
Concerts on Broadway Scholarship Funds for the Not -to -Exceed
Amount of $15,000.00
De Weerd: 9-B is also our budget amendment for Concerts on Broadway.
Bodnar: Yes. So, Concerts on Broadway we are just requesting the sponsorship funds
that were already entered through cash receipts and received by sponsors who have
agreed to sponsor the concerts this year and the details are also in the budget
amendment.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Seeing none, I move that we approve the budget amendment for Concerts on
Broadway scholarship funds for the not to exceed amount of 15,000 dollars.
Rountree: Second.
Cavener: Second.
De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, will you call
roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. And thank you for joining us.
Borton: Madam Mayor? Real quick. Mary, before you take off. This -- I mean this is a
little example of the awesome work that the commission does and the time and effort that
you put into the art box wrap, for example, among other things, is really important. If there
was ever any worry or thought that that work goes unappreciated or seen, don't feel that
way. For me in particular it's really important to have that diverse service on the
commission to be able to make the recommendations, go through the process you went
through. It's important for all of us to -- to make the decision to support the arts. It's part
Meridian City Council
May 26, 2015
Page 9 of 21
of our strategic plan now in the city. So, I really, really appreciate the efforts on this
project and the ones going forward, so --
Jensen: Thank you, Councilman Borton, and I should let you all know that it does not feel
like we are unseen. With the addition of our brand new arts administrator it has actually
streamlined our process by a million times and we know that that decision came from you
and we are thrilled to have Hillary working with us and for us. It has helped so much. It's
really -- I think you're going to see even more from the Arts Commission this year because
of her. Thank you.
Rountree: Super.
De Weerd; And I will tell you -- I'm sure you already know, but Hillary has been a huge
advocate and really gives profile to the Arts Commission as well. So, we want to thank
the Commission and certainly you, too, Hillary.
Bodnar: Thank you
C. Economic Development: Discussion of Resolution and Lease
Agreement between the City of Meridian and New Ventures Lab,
Inc. for 33 East Idaho Avenue Continued to June 2, 2015
D. Economic Development: Approval of Resolution No. 15-0168:
Resolution Approving Lease Agreement with New Ventures Lab
Inc. for 33 E. Idaho Ave.
De Weerd: Okay. 9-C is under our Economic Development. I will turn this over to Bruce.
Chatterton: Madam Mayor, Council Members, the lease you have in front of you, of
course, is for the New Ventures Lab and represents a nice milestone for our downtown,
being able to get this code work, in quotes, incubator for our downtown. We have been
working for this for a while. You have previously heard I think the broad outlines of this --
about this lease. I can certainly review them a little bit in more detail with you, but in
broad terms it's a three year lease. There will be no rent or a dollar a year for the first
year. Year two the lease rate would be negotiated and, of course, that's a process of
comparing notes with the -- Rick Ritter's company to see how they have been able to fill
up the spaces available, but the lease in no -- in no circumstances be less than 1,667
dollars a month and, then, ditto for year three. There is a negotiation period and that
minimum lease. It is important to note that there is no quote, unquote, out for this city,
that we are committing to three years. The feeling, of course, from Rick Ritter and
company was that they are making this investment in our downtown and did not want to --
if circumstances conspired to have the rug pulled out from under them, that they wouldn't
want to be making that commitment either. Really want to appreciate the efforts of our
legal staff, Ted and Mr. Nary, for their diligence in crafting this lease and working with the
New Ventures Lab and special out to Max and Eric for getting the tenant improvements
done in a timely fashion. Happy to answer any questions.
Meridian City Council
May 26, 2015
Page 10 of 21
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bruce, I got a -- you say there is no out for the city and what does this gentleman
start -- what kind of skin in the game has he got to start with?
Chatterton: He is bringing -- Madam Mayor, Council Member Bird, he is bringing in -- he
is filling the space up, so there is commitment for furniture, fixtures, and equipment. It's
the usual risk I think associated with a new business, minus, of course, the -- the incentive
of getting the building filled up for these new budding businesses in our downtown.
Bird: Madam Mayor?
De Weerd: And isn't there also commitment to a certain number of events as well?
Chatterton: Yes. That's correct, Madam Mayor. There are several things built into the
lease -- not only filling the space up, but having events in that space and the activity that
goes along with that.
De Weerd: Mr. Bird.
Bird: Yeah. Bruce, but he is bringing -- he is going to be out some to get the office set up
as you just said.
Chatterton: That's correct.
Bird: But isn't he also going to get some rent from these people?
Chatterton: Yes. And, Madam Mayor, Councilman Bird, yes, that -- I think the idea is that
we launch them with this almost free situation and as they fill up, then, we negotiate that
lease based upon how well it's filled up. So, we have stop gap of the -- of the 1,600
dollars and change a month, but it could be more than that based upon the number of
tenants that are brought into the space.
Bird: Follow up, Madam Mayor?
De Weerd: Uh-huh.
Bird: Bruce, but do we have anything to say in what he is going to charge the occupants?
Chatterton: Madam Mayor, Councilman Bird, no, I don't believe we are -- we are doing
any kind of rent control.
Bird: Okay.
Meridian City Council
May 26, 2015
Page 11 of 21
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Bruce, to your comment on the -- on the commitments, I don't know see them in
the lease as far as the events or maybe a pacing on -- and I might have been -- I might be
missing it. I understand there is discussion, but I don't know if there are actual firm
deliverables they had --
De Weerd: I'm sorry, we have some side conversations going on. Go ahead.
apologize.
Chatterton: Apologize. Madam Mayor, Council Member Borton, I thought that that was in
the lease. I'm not seeing it here. There certainly is an understanding and there are
actual events scheduled beyond the groundbreaking for the space, many of which have
been advertised. So, I apologize if I characterized that as actually being in the lease.
Borton: Madam Mayor? The reason I ask is -- is are those firm deliverables critical to
insuring the success of the incubator, the idea being we wanted to facilitate these things
to happen; right? These types of end uses and users incubate and want them to flourish,
maybe that's done through classes and some of these benchmarks that were important to
us to make sure they delivered on.
Chatterton: Madam Mayor, Council Member Borton, yeah, I think that they are important,
but perhaps not -- it's not the sort of thing I think you would typically see in a lease and
certainly there is an understanding that those events make the use, the co -work use
successful and so, therefore, the tenant is motivated to do those things.
De Weerd: Mr. Nary, do you have anything that should be added to that?
Nary: Madam Mayor, Members of the Council, we don't have any proposal or requirement
that's attached to the lease. It's just a building lease for the space. If the -- if the
preference of the Council would be to include that as a deliverable, as Council Member
Borton -- we certainly can. We haven't had that discussion with this tenant or the prior
tenant. I mean we have just simply leased the space. But if you want to have a
deliverable, I guess we could talk to Mr. Ritter. I don't know that he would have any
objection to that. He, obviously, has a business plan that he's proposed is why he's here,
if you want to tie that to the lease we could certainly do that.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: On those regards, it's -- it's understood to us who are sitting in this room right now,
but as we have seen in other situations if it's not in writing and it's not part of it, things
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May 26, 2015
Page 12 of 21
change and people change or positions change and that what's understood may not be
the same. So, I would prefer that anything that is supposed to be affiliated with this
particular lease be in writing. If that's a correct term.
De Weerd: Anything affiliated. That's pretty broad.
Milam: Well, if it's supposed to be part of the agreement, then, it should be in writing and
so if him having a certain amount of events per year or per month or whatever the
agreement is, then, it should be in writing.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: To that point and the business -- you know, my questions come from not
necessarily trying to -- desiring to micromanage the specifics on how you make an
incubator successful, but really make sure there is some sort of sideboards and -- and
plan and maybe it's as simple as there -- is there is a business plan and they are going to
endeavor to use the premises consistent with the plan, something that gives us some
comfort that we know the direction that the use is taking.
Chatterton: Madam Mayor, Council Member Borton, so are you saying that if they -- we
have a document that -- the business plan that Mr. Nary referred to earlier, for the use of
the space, including reference to events, that that be referenced in the lease or -- I'm
trying to understand what you're saying.
Borton: Yeah. It could be an exhibit to it that they are referencing they are going to
operate consistent with. It gives us some comfort. We all know 18 months down the road
why we did what we did and how and are they making progress towards what we all
intended to occur. Something measurable.
De Weerd: Well, we asked them to do that for that very reason, to even start considering
this -- this arrangement, so --
Chatterton: And, Madam Mayor, that exists -- the business plan exists. I don't have it
here tonight and I can't present that to you tonight. But if it's the desire of the Council that
we bring that forward as a document at our next meeting we can certainly do that. I will
work with legal to find out how -- the relationship of that to the lease, so that you all have
the assurance that you need.
De Weerd: I think, as Joe mentioned, it can be referenced and attached.
Nary: Madam Mayor, I think it would be a simple fix. If you want to move this item to next
week's agenda I will get a hold of Mr. Ritter in the morning. I don't think that's problematic.
I think we are simply going to take the business plan that he has already proposed that
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May 26, 2015
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what he was going to do with the building and simply make an addendum an attachment
to this lease, so -- yeah, we can just put it on next week if you are okay with that.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing that and with Bruce's permission, I would move that we take these two items
-- the discussion of the lease and also the proposed resolution, Items 9-C and 9-D and
move them to the August -- or June -- I'm getting way ahead. June 2nd meeting, 2016,
and bring back the business plan as an attachment.
Milam: Second.
Borton: Second.
De Weerd: Okay. I have a motion and a second. Any -- to continue this item until next
Tuesday. All those in favor? That was just as coordinated as my request; right?
MOTION CARRIED: ALL AYES.
E. Police Department: Presentation of Body Worn Cameras
De Weerd: Item 9-E is under our Police Department.
Colaianni: Madam Mayor, Council Members, I was just telling the chief that it's a good
thing I didn't bring a PowerPoint, because right before I came over here I kicked the side
of my computer and snapped my thumb drive in two, so there was no PowerPoint. There
was a PowerPoint on that, but there is no PowerPoint tonight. So, you get the verbiage
version of this. I wanted to give you -- the Council an update of where we are at on the
body worn program -- body worn camera program. It's been just about 18 months since
we initiated this project at the police department and since, then, of course, there has
been a lot of national dialogue on body worn cameras and regarding their deployment and
use in a government setting. And I will say this in watching the national dialogue in the 18
months it's a testament to the city and its leadership here how we got out in front of this
long ago. We had these conversations internally, we saw where this was going, and we
are in a good place right now. We are just about ready to roll it out in the next week or so.
So, this process has been deliberate, it has been calculated, and it's been scheduled and
it's taken us this long to get here for many reasons. One is that this just isn't something
where you put a camera on somebody and start recording. There is a lot that goes into
this. There is a lot of thought process and I have learned a lot in putting this project
together. Initially we were looking at all sorts of cameras and testing them and, you know,
you get caught up in the camera does this and the camera does that. The cameras all do,
essentially, the same thing. What's important is how you manage the data, how you store
Meridian City Council
May 26, 2015
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the data, how you manage the technology, how you manage the cost, how you manage
the policy, because technology often doesn't fail, it's the management of it that does and
so we spent a lot of time behind the scenes building those programs and understanding
the functionality of it and so it's kind of brought us to this point where next week we are
going to start out in phases rolling out the camera program and one of the things we
wanted to look at and work with legal on is our retention rate of this video. Certainly that's
not something that we take lightly when you're recording the public. We want to make
sure that we are retaining it for the proper period of time to adjudicate cases, to settle any
claims that may come against the city, but at the same time if it's not something we need,
then, it's something that we need to get rid of. So, we spent a lot of time doing that. We
identified a lot of work flow issues with the officers. We didn't want to have them spending
a great amount of time tagging these videos and go through all the cumbersome moving
videos here to there and docking and all this, because it wastes time, it wastes resources.
We want them on the streets. We want them in the community. So, we studied that and
we came up with what we think is a very good system of downloading the videos, so it's
just almost errorless. We looked at the technology life cycle. All technology has a life
cycle and you have to understand that, because at some point you have to replace it, you
have to replenish it. We took a hard look at that and we did a five year contract with this
company and at year two and a half they are going to come in and replenish everything
we have and give us all brand new stuff and at year five they will do the same thing. It's
important, because technology changes so quickly and so rapidly you just can't keep up
with this. So, we took at hard look at making sure that we were leveraging our dollars
wisely and that we were on top of this for the next foreseeable future, so we could stay
within the technology. We had to look at access. Who would have access to what. Who
has permissions to what. What does the storage look like? What is the training going to
look like? Who is going to manage it? Who is going to do the redaction? Who is going to
do the public information request? These are all these things that have to be answered
behind the scenes to make this program run. What about laying the privacy and the
transparency together? It's very important. We have to balance that. We want to be very
transparent as an organization, but we also have to balance privacy as well. It took a long
time to get through that and I have to thank Bill Nary's office, especially Emily Kane, who
spent, I don't know, countless hours with me side by side looking on retention rates, state
statute, city ordinances, and what we should be doing and the best balance of how long
we need to keep these. Some of the other stakeholders that I have reached out to is -- we
reached out to the ACLU, I wanted their feedback. I wanted to know what it is they
thought of our policy and how we are doing business here and I received that feedback
and I think we are real close. I think we are real close. I reached out to ICRMP, I wanted
to understand what was important to them. I have reached out to the Ada County
Paramedics, because there is going to be times where we have body worn cameras and
we are back in the paramedic wagon with somebody. I reached out to our fire department
and provided some training for them. We reached out to St. Luke's in town. I met with
their folks and let them know what was going on. They understand that across the nation
in all their hospitals this is going to be the new normal where officers are showing up for
incidents inside the hospitals and they are running video and there is a lot to take in there,
because you have doctors and nurses and patients and everything and it's a lot to take in.
So, we reached out to them, talked with them. Met with all other law enforcement
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May 26, 2015
Page 15 of 21
agencies that we interact with on a daily basis to let them know what we were doing. So, I
think it was really important that we, through that outreach, everybody understands what
the expectations are and what we are doing. So, we did a lot of that. And what we did
learn, too, is there are limitations to these cameras. It's not a perfect system. There is no
such thing as a perfect system. It's simply a tool that we will use for risk management.
For evidence collection. But it's not a perfect tool by any means and to kind of put it in
perspective, it's a camera, it sits -- it sits on the body. It's an eye tracker. It doesn't move
with your eyes, it just sits there. So, dependent on where your body is at and how it looks
and where it's at -- you may get some recording, you may not. It only picks up sound and
video. It doesn't pick up, you know, the smell on the road, it doesn't pick up what an
officer is feeling or what their emotions are. It doesn't pick up those little other senses.
The camera only picks up 75 degrees, not 360, so -- and from time to time the cameras
will get blocked. It's kind of like a sporting event, the best way I can explain it. If you have
ever watched sports, how many camera angles do you have to see before they, you
know, can recognize whether it's a fumble or a touchdown. That's not how this works.
You have one camera and one angle. It's not a sporting event. And so I always try and
put it in perspective when I'm training people, when I'm talking to prosecutors and such,
because the -- I want to make sure that bar is set right. I want to make sure they
understand that when they are getting these things that they are like, well, how come
can't see from here and here and here. Because it's just a camera, it just sits on the collar
so -- and judging distances can be difficult on cameras when you're looking at video and
certainly, even if there is video, we don't all agree in what we see. Everybody has biases
and opinions, so we could all get into a room and watch a video and everybody is going to
interpret it differently, so I won't answer all the questions. But it's going to be very
successful. I think we have done a good job. I'm excited for it, to finally get it done and
behind me, so I can move on to the next project. And cameras will never replace good
police work. It will never replace being good to our citizens. It will never replace going
around the community and talking to people. It's just another tool. So, we will continue to
do all those things that is expected of us. So, for that I will stand for any questions.
De Weerd: Thank you, Scott. And I appreciate the extensive outreach that you have had
in -- in looking from every angle and every viewpoint to make sure that we are considering
everything as we look to roll this out. I think it's -- it's very judicial on what you have done
and want to thank you for that.
Colaianni: Thank you, Mayor.
De Weerd: Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Scott, you mentioned that you're going to have an update of your stuff in two
and a half years and you gave us a list of mostly equipment. Does that also apply to
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May 26, 2015
Page 16 of 21
software and the idea that the software might have to have a shelf life of a number of
years based on how long you're going to be retaining the data?
Colaianni: Madam Mayor, Councilman Rountree, yes. Great question. Yes. Everything
that's -- it's the software, the storage, everything that comes with it. The hardware. We
are locked into those pricings for five years and so we, again, go back to what's the right
thing to do with the dollars here, because it can -- this kind of stuff can get away from you
pretty quickly.
Rountree: Yeah
Cavener: Madam Mayor?
De Weerd: And you have been working with IT
Colaianni: Yes.
De Weerd: -- almost as extensively as Emily Kane
Colaianni: They have been fantastic and I apologize for -- Dave and Mike Tanner have
been fantastic behind the scenes. I mean they have been through the very beginning of
this and deploying it and they are always fantastic to work with. I can't complaint about
the IT Department ever. Even when my computer doesn't work I don't. Because I will
never get it again.
De Weerd: Yeah. We already know. You break it off. Okay. Mr. Cavener.
Cavener: Madam Mayor. Scott, appreciate the update. A couple of just clarification
points related to the equipment. Ultimately do we retain ownership of that equipment or
does the vendor retain ownership of that equipment? At the end of the five years if we
said we want to go with somebody else do they take all the equipment back or is that our
own equipment?
Colaianni: Madam Mayor, Councilman Cavener, that's our equipment. We own it. It's
ours and they are just replenishing it. So, at the end of the five years if we want to hang
onto it we can hang onto it, if we decide we want to go for another vendor, then, we just
own the equipment and we will go a different route.
Cavener: Madam Mayor, follow up? Related to the video, does the contractor that we are
working with, do they have any ownership of any of the videos that we capture? Are they
able to monitor and retain and use it for any of their own purposes or is it our equipment
and our video and it stays with us?
Colaianni: Madam Mayor, Councilman Cavener, another fantastic question. It's almost
like you have a father that's an officer. It is ours. The video is actually -- when it's
adopted at night, it's encrypted and goes into a queue that belongs to the officer, so only
Meridian City Council
May 26, 2015
Page 17 of 21
the officer has access to their own video. Other officers can't see other officers' video. It's
all encrypted. It can't be deleted or edited and we control the permissions in the program.
We control who we allow into those -- those sites and what level permission we give them
and there is an audit trail that comes with every camera, so anytime someone opens up a
video, touches, does anything to it, there is an audit trail that tracks all the way down to
the IP address of the computer they are doing it from.
Cavener: Mayor, one more. I have one more question. Scott, maybe you touched on
this and I just missed it, but what is our retention rate? How long are we going to hold this
video for?
Colaianni: Sure. Sure. Madam Mayor, Mr. Cavener, so for the major cases the way we
settled out is the top major cases, your terrorism, our murders and such, we will keep
those for a hundred years. For all other cases -- all other felonies, your run-of-the-mill
misdemeanors and such like that, that's three years or until the case is adjudicated. If the
case is adjudicated within a year, as long as there is no appeal, then, we will remove the
video and it goes away. If there is no enforcement action -- and these would be your
typical -- a traffic stop is made by an officer and we have warned the citizen for speeding,
but there is no citation tied to it or no -- no case tied to it at all for adjudication purposes,
we will keep that for 210 days and that may seem like an odd number, but ICRMP says
the tort claim period is 180 days and they wanted a little balance on the end in case
something happened, so at 210 days and no enforcement action, no kind of -- case goes
away, it's deleted out of the system and, then, if there is any errors that come up. An
officer accidentally turns it on, you know, while they are in the car or, I don't know, in the
break room, then, we delete those within 14 days. We have no need to keep those. And
that's for -- we don't need to keep those videos and it's for cost containment as well.
Cavener: Madam Mayor, sorry, one more question. Now I have got a mind blank. I'm
good I guess for now.
Colaianni: Thank you.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Scott, where does the City of Meridian sit relative to the sister agencies around us
with the use of body worn cameras, implementation scheduling, et cetera?
Colaianni: Sure. Madam Mayor, Mr. Borton, yeah, that's a great question. So, we are
ahead of Boise. The -- Ada county has been rolled out for about eight months. And I
can't speak to Garden City. I know that they were testing and evaluating cameras. I feel
pretty comfortable telling you by this time next year there probably won't be an agency in
Ada or Canyon country that isn't in the body worn camera business. It's just everybody is
trending that way. Boise will probably be the last city to get on board with it. They have
Meridian City Council
May 26, 2015
Page 18 of 21
been slow to move and we have been slow to move, too, but it's been deliberate and
planned that way. So, we are right there.
Borton: Okay.
Cavener: Madam Mayor? Sorry, it came back.
De Weerd: Ah.
Cavener: Scott -- so, I know that we have had some of our officers that have been piloting
this. I'm just curious about the amount of their time. You touched on that briefly and it
sounds like it's -- they are logging okay. You know, five traffic stops and, oh, I had my
camera on when I was at lunch, I need to delete that part out. How much time are they
spending on their shift going through and logging and categorizing these videos?
Colaianni: Madam Mayor, Mr. Cavener. Good question. When we studied the work flow
we identified early on when we were T'ing and Fing, that officers were spending what we
felt was too much time tagging and messing around with the videos to try and get them in
their proper places and so we recognize that and Mike Tanner actually helped lead
building a parsing system that we interface with with Taser at night and when the officers
dock their cameras everything is tagged and automatically put into categories behind the
scenes at night after they go home. It's a very slick system. We are just finishing the beta
testing this week. So, to answer your question, minutes. They have to come in and write
reports anyway, so they will pull up plus the camera into the tower and they will play the
video while they are typing their reports, but with all the tagging and everything, once we
get the beta testing done, it's all done behind the scenes. They don't have to mess with
that anymore.
Cavener: Thank you.
De Weerd: Awesome.
Colaianni: Mike Tanner is a genius.
De Weerd: Don't tell people that. Okay. Anything -- any other questions?
Bird: Madam Mayor?
De Weerd: Okay. Mr. Bird.
Bird: Just to add what you stated earlier, Scott, you and the chief and all your people, I'm
so happy that you reached out to everybody before we jumped into this, to make sure that
we do it right and we don't have the problems that other places have and I certainly
appreciate that.
Meridian City Council
May 26, 2015
Page 19 of 21
Colaianni: Yeah. And it's been a group effort. It hasn't been me. Your leadership and
understanding what our needs were and leadership from the police department, the chief,
the deputy chief, and IT and legal, there has been a lot of players at this table, it isn't just
me. I have just been a facilitator and managing the programs and getting it here, but we
have worked with Ada county prosecutors office, the Boise city prosecutor's office, I mean
everybody has been there. I have worked with Jan Bennetts and Terry Deardon and all of
them and so they understand, because it affects them. It affects other people and if it
affects other people you have to listen to what they have to say. So, it was important to
me, because this is a big deal. We have even -- we have even reached out to the media,
done several media spots with them to talk to them about what our limitations are in the
programs, too, so --
De Weerd: Great. Well, thank you for the update.
Borton: Madam Mayor?
De Weerd: Yes.
Borton: To that point, Scott, you probably do this, but certainly thank all of the agencies
that help and share information. You know, this valley is blessed to be cooperative in that
regard and help each other out and they are going to be asking us as they implement their
cameras or other systems the are going use and we will cooperate with them. It's really
valuable.
Colaianni: Madam Mayor -- Madam Mayor, Mr. Borton, I -- just this past week -- last week
there was a contingent of IT, human resource, attorney, and command staff from Twin
Falls PD that came up and met with me, because they were writing a grant for body worn
cameras and they wanted to see our program. They heard through the chief what we had
done and some of the things that we had done with packing and -- and our policy and our
outreach and they wanted to know everything about it and kind of copy and mold what we
did. So, that's a testament to the leadership in front of me and this department. And it's
been a good journey, because over the last few years that you have all sat here we have
completely redone our policy manual. We have revamped our training program. We have
brought in body worn cameras -- I mean we have done electrical stuff and we have got
accredited through the state of Idaho and we have done some fantastic things over there
and this department has been well versed in professionalism over the last few years with
the certifications and everything, so it's made me proud to work for it.
Borton: Okay. Thank you.
Item 10: Future Meeting Topics
De Weerd: Thank you, Lieutenant. Item No. 10, Future Meeting Topics. Seeing none,
Council, I would just -- I do want to point out last week the -- during EMS week, Ada
County Paramedics recognized the city in their community hero section for our Heart Safe
initiative and certainly appreciate Deputy Chief Jones for his leadership in this and
Meridian City Council
May 26, 2015
Page 20 of 21
certainly the passion that he continues to encourage others to join in and I had Mr.
Siddoway and Chief Lavey and Chief Niemeyer and Deputy Chief Jones and I were there
to receive the award on behalf of our community and it was interesting -- and this is
something I need to share for Deputy Chief Jones in terms of after our memorial service at
the Rock of Honor yesterday I had a woman come up and give her appreciation to the
AED program, in particular that those AEDs are now on our police and our police patrol
cars and she lost her husband over a year ago to a heart event and the first responder
was a police officer. He knew CPR, but he did not have the AED that could have saved
those moments that might have increased his survivability of that event. So, she was just
so appreciative of what the city is doing in the Heart Safe initiative and being recognized
by the Ada County Paramedics and their -- their program and their statements in terms of
hoping that other communities followed suit and we made an important connection there
with St. Luke's, as well that has a serious interest in what we are doing and wants to
partner. So, just wanted to share that with you and in particular, since Chief Jones is
here, that we could give recognition to your leadership.
Jones: Thank you very much.
Item 11: Executive Session Per Idaho State Code 67-2345 (1)(d)(f): (d) To
Consider Records that are Exempt from Disclosure as Provided in
Chapter 3, Title 9, Idaho Code; AND (f) To Consider and Advise Its
Legal Representatives in Pending Litigation Amended onto the agenda:
(a) To consider hiring a public officer, employee, staff member or
individual agent, wherein the respective qualities of individuals are to
be evaluated in order to fill a particular vacancy or need. This
paragraph does not apply to filling a vacancy in an elective office or
deliberations about staffing needs in general.
De Weerd: So, thank you. Okay. Item 11 is Executive Session. I would entertain a
motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(a), (1)(b),
(1)(0.
Borton: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes.
Meridian City Council
May 26, 2015
Page 21 of 21
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (7:54 p.m. to 7:59 p.m.)
Bird: Madam Mayor?
De Weerd: Yes.
Bird: I move come out of Executive Session.
Rountree: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we adjourn.
Rountree: Second.
De Weerd: All in favor. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 7:59 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: 5A
PROJECT NUMBER:
ITEM TITLE: Approve Minutes of May 19, 2015 City Council Meeting
MEETING NOTES
9 APPROIED
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: May 26, 2015 ITEM NUMBER: 5B
PROJECT NUMBER:
ITEM TITLE: Approve Minutes of May 5, 2015 City PreCouncil Meeting
MEETING NOTES
�✓ APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: 5C
PROJECT NUMBER: FP 15-015
ITEM TITLE: Heritage Grove Subdivision No. 2
Final Plat approval consisting of 22 single family residential lots and 5 common lots on
approximately 4.31 acres in the R-15 zoning district by Green Village Development, Inc. -
NWC of N. Locust Grove Road and E. Ustick Road
MEETING NOTES
9 APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: 5D
PROJECT NUMBER: FP 15-017
ITEM TITLE: Timbergrove Subdivision
Final Plat approval consisting of 20 buildable lots and 1 common lot on approximately
4.94 acres in the C -G zoning district by Steve Arnold - west side of N. Centrepoint Way
and north of E. Ustick Rd
MEETING NOTES
Yf APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: 5E
PROJECT NUMBER: FP 15-018
ITEM TITLE: Vicenza Subdivision No. 2
Final Plat approval consisting of 1 buildable lot and 10 common lots on approximately
9.34 acres in the R-4 zoning district by Cottonwood Development, LLC - n/o W.
McMillan Road between N. Black Cat Road and N. Ten Mile Road
MEETING NOTES
u✓ APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: May 26, 2015
ITEM NUMBER:
PROJECT NUMBER: FP 15-016
ITEM TITLE: Paramount Subdivision No. 29
Final Plat approval consisting of 62 building lots, 12 common lots and 3 other lots on
18.42 acres of land in an R-8 zoning district by Brighton Land Holdings, LLC - w/side of N.
Meridian Road and north side of W. McMillan Road
MEETING NOTES
9 APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: 5G
PROJECT NUMBER:
ITEM TITLE: Agreement with CESCO for
the Mini Heavy Equipment Rodeo Event at the Public Works Week Expo
MEETING NOTES
9 APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
I SENT TO
APPLICANT
NOTES
INITIALS
EIDIAN*--
IDAHO
Public
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Garrick Nelson, FIT — Staff Engineer
DATE: May 21, 2015
Mayor Tammy de Weerd
City Council Membegr
Joe Borton
Keith Bird
Luke Cavener
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: MINI HEAVY EQUIPMENT RODEO AGREEMENT WITH CESCO FOR
PUBLIC WORKS WEEK EXPO 2015
I. RECOMMENDED ACTION
A. Move to:
1. Approve the License and Indemnity Agreement with CESCO for the Mini Heavy
Equipment Rodeo
2. Authorize the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Garrick Nelson, PWW Expo Chair
489-0358
Austin Petersen, PWW Expo Sub -Chair
489-0352
Kyle Radek, Asst. City Engineer
489-0343
Warren Stewart, PW Engineering Manager
489-0350
Tom Barry, Director of Public Works
489-0372
III. DESCRIPTION
A. Background
For the past two years the Mini Heavy Equipment Rodeo has been a focal point of
the Public Works Week Expo. This year, we are working primarily with CESCO to
keep the tradition alive by having a Mini Heavy Equipment Rodeo at the Expo.
Page 1 of 2
IV. IMPACT
A. Strategic Impact:
The City Hall east parking lot will be closed for the expo and the mini heavy
equipment rodeo. The rodeo will take place in the center of the parking lot, and will
be roped off using traffic cones and caution tape. The equipment will be live and
operational, so it can be quickly moved, if necessary.
B. Fiscal Impact:
License and Indemnity Agreement $0.00
V. ALTERNATIVES
A. The City could choose not to sign the License and Indemnity Agreement with
CESCO; this will prevent the Mini Heavy Equipment Rodeo at City Hall.
VI. TIME CONSTRAINTS
Council's approval will allow for the timely return of the signed license agreement
to CESCO. This will allow CESCO to prepare properly for the Mini Heavy
Equipment Rodeo.
VII. LIST OF ATTACHMENTS
A. License and Indemnity Agreement (Rodeo)
Approved for Council Agenda:
Page 2 of 2
Date
LICENSE AND INDEMNITY AGREEMENT
with
CESCO
for the
2015 PUBLIC WORKS WEEK MINI HEAVY EQUIPMENT RODEO
This LICENSE AND INDEMNITY AGREEMENT is made this day of(2015
("Effective Date"),by and between Contractor's Equipment Supply Co, dba CESCO,whose
address is 2000 E. Overland Road, Meridian, Idaho (hereinafter"Licensee"), and the City of
Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho
(hereinafter"City"),whose address is 33 E.Broadway Ave.,Meridian, Idaho.
WHEREAS, City is hosting an event at the Meridian City Hall Plaza on June 3,2015 to
celebrate Public Works Week; and
WHEREAS, as part of the Public Works Week celebration, Licensee is sponsoring a mini heavy
equipment rodeo activity in the City Hall east parking lot(referred to herein as the "Property");
and
WHEREAS, the City of Meridian is willing to allow Licensee a limited license to use
Property for this purpose;
NOW THEREFORE,in consideration of the recitals and mutual covenants, agreements, and
inducements contained herein,the parties hereby agree as follows:
I.SCOPE OF LICENSE GRANTED BY CITY.
A.Scope of use. Licensee's use and occupancy of the Property shall be limited to activities
associated with the mini heavy equipment rodeo, specific activities include the following:
Up to two mini excavators will be on site for the public to test their skills at operation of the
equipment in a competition setting.The setup will include plastic swimming pools filled with
water and a"fishing" competition with the bucket and arm of the excavator. The area of
operation will be delineated with traffic candles and caution tape for public safety.
B. Participant Waiver and Release Required. Licensee shall have each participant execute the
"Release and Waiver of Liability Agreement" in form and content substantially similar to that set
forth in Exhibit "A" attached hereto and incorporated herein.
C. Term of license.The term of this Agreement shall be from 4 p.rn. to 7 p.m. on June 3,2015,
along with sufficient time to set up and tear down immediately before and after the time period
set forth herein.
II.INDEMNIFICATION;INSURANCE.
A.Indemnification.In consideration of Licensee's fee-free access to and use of Property,
LICENSE AND IDEMNITY AGREEMENT Page 1 of 5
Licensee shall, and hereby does, indemnify and save and hold harmless City from and for any
and all losses; claims; actions; judgments for damages; injury to its members, agents, invitees,
volunteers, contractors, officials, officers, guests, employees, other persons, or property; and/or
losses and expenses caused or incurred by Licensee and not caused by or arising out of the
tortious conduct of City of Meridian. Licensee acknowledges that accessing or using Property
carries risks, some of which are unknown, and assumes these and any and all other known and
unknown risks and hazards of such activity and any activity related thereto. Licensee forever
waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs,
executors, administrators, assigns, and/or personal representatives, any and all claims and/or
rights for damages Licensee and its members, agents, invitees, volunteers, contractors, officials,
officers, guests, employees now has or may hereafter have against the City of Meridian and/or its
employees; elected officials, agents, guests, and/or business invitees, suffered in connection with
or arising out of Licensee's access to and use of City facilities and/or any activity related thereto
and not caused by or arising out of the tortious conduct of the City of Meridian or its employees.
B. No coverage provided. Licensee acknowledges that the City of Meridian shall not provide
for Licensee or for its members, agents, invitees, voltTnteers, contractors, officials, officers,
guests, employees, any insurance or coverage of any kind, whether financial, medical, property,
or otherwise, for any accidents, injuries, deaths, illnesses, losses, or damages that result during or
arise out of Licensee's actions or omissions hereunder and/or any activity related thereto.
C. Licensee to maintain insurance. Licensee shall maintain, and specifically agrees that it will
maintain, throughout the term of this Agreement, and upon each and every occasion on which
Licensee uses the Property hereunder, liability insurance in which the City of Meridian shall be
named additional insured in the minimum amount as specified in the Idaho Tort Claims Act set
forth in Title 6, Chapter 9 of the Idaho Code. 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, Licensee covenants and
agrees to indemnify and save and hold harmless City from and for any and all such losses,
claims, actions, or judgments for damages or liability to persons or property. Licensee shall
provide City with a Certificate of Insurance or other proof of insurance evidencing Licensee's
compliance with the requirements of this paragraph and shall file such proof of insurance with
the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed,
Licensee shall immediately submit proof of compliance with the changed limits.
D. Waiver. Licensee and its members, agents, invitees volunteers, contractors, officials,
officers, guests, employees 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 Licensee's use of City's Property, whether such loss or
damage may be attributable to known or unknown conditions, except for liability caused by or
arising out of the tortious conduct of the City of Meridian or its employees.
E. As -is condition. The City makes no warranty or promise as to the condition, safety,
usefulness, or habitability of the premises of the Property; Licensee accepts same as -is, both at
the effective date of this agreement and at the time and for the purpose of each event and activity
specified herein.
LICENSEAND IDEMNITYAGREEMENT Page 2 of 5
F. Good faith. Licensee will utilize the Property in a manner that will best conserve the current
condition of the Property.
Ill. GENERAL PROVISIONS
A. Alterations, improvement to real property. Licensee shall not make, or permit to be made,
alterations to or improvements to Property without first obtaining City's written consent.
B. Relationship of Parties. Licensee and its members, agents, invitees, volunteers, contractors,
officials, officers, guests, and employees are not independent contractors nor employees, agents,
joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed
as creating or establishing the relationship of employer and employee between Licensee and City
or any official, agent, or employee of City; or between any of Licensee's members, agents,
invitees, volunteers, contractors, officials, officers, guests, employees, and the City or any
official, agent, or employee of City.
C. Termination. If, through any cause, Licensee fails to comply with the terms of this
Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, or
of any other applicable law, ordinance, regulation, or policy, and/or engages in fraud, dishonesty,
or any other act of misconduct in the performance of this Agreement, City may immediately
terminate this Agreement without the necessity of providing written notice to Licensee of such
termination. Notice of for -cause termination shall be effective immediately upon verbal
notification by City.
D. No waiver. City's waiver on one or more occasion of any breach or default of any term,
covenant or condition of this Agreement shall not be construed as a waiver of any subsequent
breach or default of the same or a different term, covenant or condition, nor shall such waiver
operate to prejudice, waive, or affect any right or remedy City may have under this Agreement
with respect to such subsequent default or breach by Licensee.
E. 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 by United States Mail, certified, return receipt requested, addressed as follows:
City: City of Meridian Public Works Department
Attn: Garrick Nelson
33 E. Broadway Avenue
Meridian, Idaho 83642
Licensee: CESCO
2000 E. Overland Road
Boise, Idaho 83642
Either party may change its address for the purpose of this paragraph by giving written notice of
such change to the other in the manner herein provided.
LICENSE AND IDEMNITY AGREEMENT Page 3 of 5
F. Compliance; no discrimination. In undertaking activities under or related to this Agreement,
Licensee shall comply in all respects with all applicable laws, ordinances, regulations, policies,
agreements, and requirements, including, but not limited to, the CUP, and further shall not
discriminate against any person on the basis of race, color, religion, sex, national origin or
ancestry, age or disability.
G. Entire Agreement. This Agreement contains the entire agreement between the parties and
supersedes any and all other agreements or understandings, oral of written, whether previous to
the execution hereof or contemporaneous herewith.
H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it
has received independent legal advice from its attorney and/or has received the opportunity to
seek such advice.
I. Applicable 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.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
LICENSEE
CESCO
Mark C. Canfield
President
CITY OF MERIDIAN:
Tammy q6yerd, Mayor
LICENSE AND IDEMNITYAGREEMENT
o�onp$0D AUCL�
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Page 4 of 5
SAMPLE CESCO PARTICIPANT LIABILITY WAIVER
LICENSE AND IDEMNITYAGREEMENT Page 5 of 5
w"I 2000 E. Overland Rd.
g Meridian, ID 83642
�III'P208-888-3337
CESED1� fax 208-888-3088
Meridian • Jerome w cescoequip.com
Liability Release Form
Name of Business or Organization:
Contractors Equipment SupQIv Company
(CESCO) and The City of Meridian
Activity or Event:
City of Meridian Public Works Exposition Equipment Rodeo
Participant's Name
(Printed)
I understand that participation in the above Activity or Event may be hazardous for the above-named
participant.
In signing below, I assume risk of harm or injury which may occur to the participant as a result of
participating in the above-named event or activity. I hereby release CESCO and the City of Meridian, and
its officers, employees, or agents from any liability, costs and damages resulting this individual's
participation.
If the participant is a minor:
I agree that the minor has my consent to participate in the event or activity.
I also give my consent for the business or organization to seek emergency treatment for the minor if
necessary, and I agree to accept financial responsibility for the costs related to this emergency treatment.
Participant's signature/ Date
Name of Parent or Guardian
Signature of Parent/Guardian / Date
Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: 5H
PROJECT NUMBER:
ITEM TITLE: Professional Services Agreement with
High Street for Musical Talent for Concerts on Broadway in an amount not to exceed
$3,500.00
MEETING NOTES
u APPa0VE0
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
PROFESSIONAL SERVICES AGREEMENT
MUSICAL TALENT FOR CONCERTS ON BROADWAY
This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR
CONCERTS ON BROADWAY ("Agreement') is made this jklay of May, 2015 ("Effective Date"),
by and between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho ("City") and Steve Goff, on behalf of High Street Entertainment, LLC, a limited liability company
organized under the laws of the State of Idaho, whose address is 2812 Greenvale Place, Nampa, Idaho
("Promoter").
WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members
of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the
Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the
Meridian City Hall plaza during the summer; and
WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of
High Street, a ten -piece band specializing in the performance of jazz and rock music;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein
contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
A. Performance. High Street shall perform for the public approximately fifteen (15) songs, from
7:00 p.m. to at least 8:30 p.m., on Saturday, August 1, 2015, in the plaza at Meridian City Hall, at
33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. In case of
inclement weather, the venue may be moved to an indoor location to be determined and agreed
upon separately by the Parties.
B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all
sound systems and equipment necessary to electronically amplify music and spoken
announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on August
1, 2015, and High Street may rehearse and/or perform sound checks at that time. All set-up,
rehearsal, and/or sound checks shall be completed by 6:30 p.m.
C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up
such risers, and shall utilize such materials necessary to protect City facilities from any and all
damage therefrom.
H. COMPENSATION.
A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this
Agreement in the amount of three thousand five hundred dollars ($3,500.00). This payment shall
constitute full compensation from City to Promoter and/or to the members of High Street for any
and all services, costs, and expenses related to services performed under this Agreement.
Promoter and/or the respective members of High Street shall be responsible for payment of any
and all taxes due and owing for payment received under this Agreement.
PROFESSIONAL SERVICES AGREEMENT— HIGH STREET, CONCERTS ON BROADWAY PACE of
B. Cancellation of event. If High Street is present and prepared to perform at the time, date, and
place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set
forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the
members of High Street. Any decision regarding whether to cancel the performance shall be made
no earlier than 6:30 p.m. on August 1, 2015.
C. Method of payment. By July 1, 2015, Promoter shall provide City with: 1) a completed ACH
Form, 2) a copy of a voided check, 3) a completed W-9 form, and 4) an invoice in the amount of
three thousand five hundred dollars ($3,500.00) for services to be provided on August 1, 2015. So
long as all documents are complete and received by July 1, 2014, City shall pay Promoter in full
via direct deposit on August 1, 2015. If such documents are not received by July 1, 2015,
following the August 1, 2015 performance, Promoter shall provide City with: 1) a completed W-9
form, and 2) an invoice for the amount of three thousand five hundred dollars ($3,500.00) for
services provided, which invoice City shall pay within thirty (30) days of receipt thereof. Payment
of all taxes and other assessments on such sums shall be the sole responsibility of Promoter.
III. VENUE
A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City
Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue.
Promoter shall be solely responsible for any and all measures necessary to protect equipment,
instruments, and High Street members from damage due to weather and other conditions that do or
may exist.
B. Public venue. Promoter acknowledges that the venue is a public place and that all members of
the public shall be invited to attend. To this end, the members of High Street shall perform such
material and in such a manner as shall be appropriate for all ages, values, and sensibilities. High
Street's performance and attire shall not include language, attire, and/or behavior that is profane,
sexual, violent, or discriminatory.
C. City policy applies. Promoter and High Street shall comply with all City policies and codes
applicable to use of City property and facilities, including, but not limited to, policies of the
Meridian Parks and Recreation Department, and any requirements of the City Building
Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting
City facilities and property.
D. Photography and recording. City shall be authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational
and public information purposes. City shall not be responsible for the actions of persons who are
not under its employment or control.
E. Merchandising. Promoter and/or High Street shall be authorized to sell albums and/or
merchandising material at the performance, and may retain the proceeds of such sales. City
respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the
Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter
and High Street shall be responsible for paying all sales and other taxes due and owing on the
proceeds from merchandise sold.
PROFESSIONAL SERVICES AGREEMENT—HIGH STREET, CONCERTS ON BROADWAY PAGE 2 of 5
IV. TERMS AND CONDITIONS
A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be
performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence
with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder
shall constitute a breach of, and a default under, this Agreement by the party so failing to perform.
B. Promotion of event. City shall promote the performance in community promotional materials and
avenues, including the City newsletter, City website, Meridian Parks & Recreation Department
Activity Guide, and local media and event calendars. Promoter may undertake additional promotional
activities at his own expense and effort, subject only to the limitations set forth herein. City hereby
conveys to Promoter permission to use City's name in all forms and media and in all manners, without
violation of City's respective rights of privacy or any other rights City may possess in connection with
its role in the production of Concerts on Broadway, except that City's logo may not be used in any
manner whatsoever without the express, written consent of the Mayor's Chief of Staff. To the extent
practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve
all promotional materials in advance of their publication, broadcast or dissemination. The band shall
be listed as "High Street" in all promotional materials that are created by City or within the City's
control.
C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the
obligations of High Street under this Agreement related to or that may relate to the band's talent or
expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent
or expertise, including, but not limited to, such obligations as transport and set-up of special
equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and
conditions of this Agreement.
D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall
not be construed as a waiver of a breach of the same or any other provision hereof.
E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and
any and all of its employees, agents, volunteers, and/or elected officials from any and all losses,
claims, and judgments for damages or injury to persons or property, and from any and all losses and
expenses caused or incurred by Promoter and/or High Street, their assistants, servants, agents,
employees, guests, and/or business invitees, in connection with this Agreement or activities related
thereto. Promoter and each member of High Street acknowledge that provision of the services
described hereunder presents risks, some of which are unknown, and do agree to assume all such
known or unknown risks.
F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of
High Street shall, and hereby do, waive any and all claims and recourse against City, including the
right of contribution for loss and damage to persons or property arising from, growing out of, or in
any way connected with or incident the performance of this Agreement, whether such loss or damage
may be attributable to known or unknown conditions, except for liability arising out of concurrent or
sole negligence of City or its officers, agents or employees.
G. Relationship of Parties. Promoter and each member of High Street is an independent contractor and
is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
PROFESSIONAL SERVICEs AGREEMENT— HIGH STREET, CONCERTS ON BROADWAY PAGE of
between Promoter or any member of High Street and City or any official, agent, or employee of City.
Promoter and High Street shall retain the right to perform services for others during the term of this
Agreement.
H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of
High Street shall comply with any and all applicable federal, state, and local laws.
I. Non -Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of
High Street shall discriminate against any person as to race, creed, religion, sex, age, national origin,
sexual orientation or any physical, mental, or sensory handicap.
J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This
Agreement supersedes any and all statements, promises, or inducements made by either party, or
agents of either party, whether oral or written, whether previous to the execution hereof or
contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered
except upon written agreement signed by both parties hereto.
K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or
establish any right or remedy under the terms and conditions of this Agreement, the prevailing party
shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent
jurisdiction, in addition to any other relief awarded.
L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada
County, Idaho.
M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and
none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy
provided for herein or allowed by law shall not be to the exclusion of any other remedy.
N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be
illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected.
O. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement
shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal
representatives, heirs, executors, and administrators.
P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise
stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by
United States Mail, addressed as follows:
City: Promoter:
City Clerk High Street Entertainment, LLC
City of Meridian 2812 Greenvale Place
33 E. Broadway Avenue Nampa ID 83686
Meridian, Idaho 83642
Either party may change its address for the purpose of this section by giving written notice of such
change in the manner herein provided.
PROFESSIONAL SERVICES AGREEMENT— HIGH STREET, CONCERTS ON BROADWAY PAGE4of5
Q. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is
duly authorized to act as the representative and agent of High Street Entertainment, LLC and High
Street, and each and every member thereof. The undersigned further warrants that he is authorized to
bind High Street, High Street Entertainment, LLC, and their members to the obligations set forth
herein, and to accept the liabilities as established herein on behalf of High Street Entertainment, LLC,
High Street, and their members.
R. City Council approval required. The validity of this Agreement shall be expressly conditioned
upon City Council action approving the Agreement. Execution of this Agreement by the persons
referenced below prior to such ratification or approval shall not be construed as proof of validity in the
absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 26tay of
May, 2015.
PROMOTER:
Steve Goff, MeAr
High Street Entertainment, LLC
CITY OF MERIDIAN:
M.
Tammy&yeerd, Mayor 1hP , , c tyof w ycee HXan, City Clerk
p ioaxo
SEAL.
2
rid yp
PROFESSIONAL SERVICES AGREEMENT—HIGH STREET, CONCERTS ON BROADWAY PAGE 5 of 5
Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Temporary License Agreement from
RWP Meridian LLC to City of Meridian to for Public Works Week Promotional Purposes
MEETING NOTES
9 APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
TEMPORARY LICENSE AGREEMENT
THIS AGREEMENT made and entered into this c�o day of 6, 2015, by
and between the City of Meridian, an Idaho Municipal Corporation, hereinafter called
"City", and RWP Meridian LLC, hereinafter called'°RWP".
WHEREAS, City is sponsoring an event titled "Public Works Week" and City desires to
publicize the event in the downtown Meridian area, and
WHEREAS, RWP owns a parcel of bare land in downtown Meridian that would
accommodate public parking and a piece of heavy equipment upon which City could
attach a temporary sign, and
WHEREAS, RWP is willing, upon certain terms and conditions, to provide non-
exclusive, temporary use of the property for the purposes stated herein for a period of
time defined within this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
GRANT OF TEMPORARY LICENSE
For and in consideration of promises contained herein, and other good and
valuable consideration, RWP hereby gives and grants to City the non-exclusive
right, privilege and license to use a portion of certain real property, located at 502
North Main Street, Meridian, Idaho. The property subject to this agreement is
generally depicted on Exhibit A (referred to herein as the "licensed premises").
2. TERM OF AGREEMENT
This temporary license is granted for a term to begin on May 25, 2015 and
expiring on June 6, 2015.
3. USE OF LICENSED PREMISES
City's use of the licensed premises shall be limited to parking of one piece of
heavy equipment, such as a tractor, upon which the City may affix a temporary
sign. City agrees to comply with all applicable regulations for parking heavy
equipment and the placement of temporary signs pursuant to the laws and
regulations of the City of Meridian and any other governmental authority with
appropriate jurisdiction.
t,
Temporary License Agreement
4. REPAIR AND RESTORATION OF PREMISIS: City shall be responsible for
restoration or repair of the licensed premises necessitated by damage caused by
City's use under this Agreement.
5. INDEMNIFICATION AND INSURANCE
To the extent permitted by law, City hereby agrees to defend and hold RWP
harmless from any loss, liability, claim or action from damages or injuries to
persons or property in any way arising out of or resulting from the maintenance,
use, and occupancy of the licensed premises by City, its invitees, agents, and
employees. If any claim, suit or action is filed against RWP for any loss or claim
described in this paragraph, City shall defend RWP and assume all costs,
including attorney's fees, associated with the defense or resolution thereof,
however RWP shall not be relieved hereby from liability for its own negligent or
willful act or omission or that of its employees.
In addition, City shall maintain, and specifically agrees to maintain throughout the
term of this Agreement, liability insurance in the minimum amount as specified in
the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, and
such amount shall be deemed to be the limit of City's covenant to save and hold
harmless RWP. In the event the insurance minimums of the Idaho Tort claims
Act are changed, City shall immediately submit Proof of Compliance with the
changed limits.
6. NOTICES
A. All notices to be given with respect to this Agreement shall be in writing
addressed as follows:
To RWP: RWP Meridian LLC
199 North Capitol Blvd.
#300
Boise, ID 83702
To City: City of Meridian
City Clerk
33 East Broadway
Meridian, ID 83642
B. Notice shall be either delivered or sent by certified mail, postage prepaid,
return receipt requested to the party to be notified at the address specified
above, or such other address as either party may designate in writing. Every
notice shall be deemed to have been given at the time it is deposited in the
United States mail, or upon delivery to the party above specified, or their
agent or legal representative.
Temporary License Agreement -2-
7. CONDITION OF LICENSED PREMISES
City acknowledges that City has inspected the licensed premises and does hereby
accept the licensed premises as being in good and satisfactory order, condition,
and repair. City agrees that upon termination of this Agreement, City shall
surrender the licensed premises to RWP in the same good condition as received,
reasonable wear and tear, damages by fire, acts of vandalism, or act of God
exempted.
8. APPROVAL BY CITY COUNCIL REQUIRED
This Agreement shall not be effective for any purpose whatsoever until it is
approved by the resolution of the City Council and executed by the Mayor.
IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and
year first above written.
Attest:
I *%f"
By: \u -C
Its: M A VA 4
CITY OF MERIDIAN
By:
Tammy d6Werd, Mayor
An��sr
ow
vu ' L/
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S].AL V
�TFR ';
, TR E X5u'
Temporary License Agreement -3-
EXHIBIT"A"
ti? Sr IF ax .„
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4 f
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1 T
' 1 -::i;di- i i!40 I° „lis., fi": '-',. i i . . t7,--- al -- ' el i
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Parcels to be used: R10090000360;R I0390000340
Temporary License Agreement .:I
Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: 5J
PROJECT NUMBER:
ITEM TITLE: Approval of Change Order No. 1 to the
Fresh Water Trust for the "Water Quality Trading Feasibility Study" Project for a Not -To -
Exceed amount of $8,690.00
MEETING NOTES
u✓ APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
E IDIAN�-
Public
IDAHO
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Mollie Mangerich, Environmental D�er
DATE: May 19, 2015
Mayor Tammy de Weerd
City Council Mew6erlr
Charlie Rountree
Keith Bird
Joe Barton
Lulxe Cavener
Genesis Milam
David Zaremba
SUBJECT: CHANGE ORDER TO JUNE 16, 2014 WATER QUALITY TRADING
FEASIBILITY STUDY FOR REVISION OF PHOSPHOROUS LOADINGS TO
DETERMINE AN UPDATED RANGE OF WASTELOAD ALLOCATIONS AND
PHOSPHORUS LOAD REDUCTIONS COMMENSURATE WITH TECHNOLOGY
UPGRADES AT THE WASTEWATER RESOURCE RECOVERY FACILITY WITH
THE FRESHWATER TRUST FOR THE NOT TO EXCEED AMOUNT OF $8,690.00
I. RECOMMENDED ACTION
A. Move to:
1. Approve the Change Order to the Freshwater Trust in the not to exceed
amount of $8,690; and
2. Authorize the Mayor to sign the agreement
II. DEPARTMENT CONTACT PERSONS
Mollie Mangerich (Project Manager) 489-0379
John McCormick, Deputy Director of Public Works 489-0378
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
A. Background
Approximately 70% of nutrient loading into Five Mile Creek is from nonpoint
sources; the Meridian W WTF is responsible for reducing the amount of
phosphorus in the treated wastewater it releases, which ultimately drains to the
Page I of 3
Boise River. The City is expected to receive a new phosphorus limit in 2015 via
the Boise River Phosphorus TMDL; the limit is currently a component of the
target assigned to the Boise River by the Idaho DEQ's Snake River-Hells Canyon
TMDL. Freshwater Trust has completed an initial water quality trading feasibility
study for the Wastewater Treatment Facility(WWTF) for the City of Meridian,
Idaho which will face strict new limits in its upcoming NPDES permit. In order to
maximize the utility of the analysis for City planners, The Freshwater Trust will
first refresh initial estimates of potential future loading and nutrient credit demand
through consultation with WWTF operators and data review.
B. Proposed Project
Work with Wastewater Superintendent to input updated Discharge Monitoring
Data (DMR) in order to revise estimates of current phosphorous loading, make
future projections based on population growth, and determine the range of
wasteload allocations and phosphorus load reductions based on technology
upgrades that are most useful for facility compliance planning purposes. The
objective is to receive potential future loading scenarios that are revised based on
updated values for wasteload allocation and selected phosphorus concentration
scenarios. As well, the task will deliver refreshed coarse cost estimates based on
the results of phosphorus loading scenarios. The project will allow us to
correctly assess how a water quality trading program could fit into our overall
facility compliance plan.
C. Consultant Selection
The Freshwater Trust was selected as they are the contract consultants of the
Water Quality Feasibility Study.
IV. IMPACT
A. Strategic Impact:
This activity is in alignment with our Department's Mission/Vision by looking
carefully at water quality trading and nutrient offsets as a potentially cost-
effective component of our overall NPDES Permit compliance solution.
B. Service/Delivery Impact:
The revised feasibility study will provide guidance in our approach to meeting
new discharge requirements, provide flexibility in our approach and inform
decision-making that will be most cost-effective.
C. Fiscal Impact:
Project Costs
Page 2 of 3
Consultant Agreement $8,690.00
Total $8,690.00
Project Funding
60-3250-55000 $8,690.00
V. ALTERNATIVES
A. The City could defer this revision to the Water Quality Feasibility Study,
thereby delaying a refreshed analysis of DMR data and revision our plant's
phosphorous loading which could negatively influence our decision analysis in
considering trading and offsets as a potentially viable component of our NPDES
Permit compliance plan.
B. The City could decide not to complete the project, which would greatly
diminish our ability to assess if water quality trading and nutrient offsets are a
viable component of the Wastewater NPDES Permit compliance plan.
VI. TIME CONSTRAINTS
Council's approval will allow completion of this project by July 2015 and will
provide key staff with future loading scenarios based on updated values for
wasteload allocations and selected phosphorus concentration scenarios. Timing
constraints include the Lower Boise River TMDL going out for public comments,
with the new NPDES Discharge Permits to soon to follow. Coarse cost estimates
will be refreshed based on the results of phosphorus loading scenarios.
VII. LIST OF ATTACHMENTS
A. Water Quality Trading Program Feasibility Study Revision to Scope of Work
B. Contract Change Order for The Freshwater Trust
C. Purchase Order Requisition for The Freshwater Trust
Approved for Council Agenda: A `
Page 3 of 3
S tri. /
Date
Memo
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Mollie Mangerich
Date: 5-20-2015
Re: May 26th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
May 2e City Council Consent Agenda for Council's consideration.
Approval of Contract Change Order No. 1 to the existing Professional Services
Agreement for 'Water Quality Trading Feasibility Study" Project to The Freshater
Trust for the Not -To -Exceed amount of $8,690.00.00.
Recommended Council Action: Approval of Contract Change Order No. 1 to
The Freshwater Trust for the Not -To -Exceed amount of $8,690.00. This change
order represents an 18% increase in the contract amount for a total of
$55,890.00. This change order is within the current budget.
Thank you for your consideration
0 Page 1
CHANGE ORDER NO. 1
CITY OF MERIDIAN
PROJECT NO. 10504
33 EAST BROADWAY
DATE: May 12, 2015
MERIDIAN, ID 83642
EFFECTIVE DATE: Upon Council approval
CONTRACT CHANGE ORDER
Consultant: The Freshwater Trust
PROJECT: Amendment to Water Quality Trading Program Feasibility Study Project No. #10504
The Consultant is hereby directed to make the following changes from the Contract Documents and Plans.
Description: Change Order for additional and revised services as requested by the City.
Reason for change Order: Update DMR data, revise estimates of current phosphorus loading, make future
projections based on population growth, and determine the range of wasteload allocations and phosphorus
load reductions based on technology upgrades that are most useful for facility compliance planning
purposes.
Attachments: Water Quality Trading Program Feasibility Study Amendment.pdf
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price $47,200.00
Original Contract Times: September 30, 2014 Completion
Net changes form previous Change Orders
Net changes form previous Change Orders
No. to
No. to _ (calendar days)
$0.00
0 days
Contract Price Prior to this Change Order:
Contract Times prior to this Change Order:
$47,200.00
September 30, 2014 Completion
Net Increase (decrease) of this Change Order:
Net Increase (decrease) of this Change. Order:
(calender days)
$8,690.00
None 365 days
Contract Price with all Approved Change Orders:
Contract Times with all Approved Change Orders:
$55,890.00
September 30, 2015 Corn
APPROVED: (City Purchasing anagar) /G
ACCE_PT D: a sh ter
By: Keith Walls /
By: /4 Q+1 q
Date: .511
Date: I „
RECOMMENDED: (City Project Manager)
DATE APPROVED BY COUNCIL
NO SIGNATURE REQUIRED
Dale: �/� aQ�s
DATE:
APPROV Qyo
EST:
2�
v
9OW
By: Mayor Ta m d. Weer ��rr Clty of
E IDI
By: CI _ark, Ja L.
I
Date: f l AVL
SEAL
wyW
!B °r ly, T0.EASwgb
The
The Freshwater Trust is a
Freshvvater Trust Th50I c (�)riot-for-profit organization
Changing the course that actively works to preserve
of conservation. and restore our freshwater ecosystems.
Water Quality Trading Program Feasibility Study Amendment
Scope of Work for City of Meridian, Idaho
May 11, 2015
Introduction: The Freshwater Trust has completed an initial water quality trading feasibility study
for the Wastewater Treatment Facility(WWTF)for the City of Meridian, Idaho which will face strict
new limits in its upcoming NPDES permit. In order to maximize the utility of the analysis for City
planners, The Freshwater Trust (The Trust)will first refresh initial estimates of potential future
loading and nutrient credit demand through consultation with WWTF operators and data review.The
Freshwater Trust will then provide a final deliverable summarizing Tasks 1-4 of the draft feasibility
study with the most current data. These tasks were previously completed over a period of several
months; decisions made for final tasks will be incorporated into earlier analyses and a cohesive final
report will provide an overview.
Background:Approximately 70% of nutrient loading into Five Mile Creek is from nonpoint sources;
the Meridian WWTF is responsible for reducing the amount of phosphorus in the treated wastewater
it releases, which ultimately drains to the Boise River. The City is expected to receive a new
phosphorus limit in 2015 via the Boise River Phosphorus TMDL; the limit is currently a component of
the target assigned to the Boise River by the Idaho DEQ's Snake River-Hells Canyon TMDL.
The City has already invested in an upgraded WWTF. As the population grows, the city will seek to
address increased loading and lower nutrient limits with a more cost-effective solution. To this end,
the City is interested in assessing how a water quality trading program could fit into its overall facility
compliance plan. The following two tasks will complete the water quality trading program feasibility
study.
Task 1) Consultation, Data Review, and Refreshed calculations
May 25, 2605 — June 26, 2015
- The Trust will review the City's past discharge monitoring reports(DMR)with Meridian
WWTF operators to determine the data that is most reflective of current nutrient
concentrations and flow.
-* DMR data most reflective of current operations will be used to revise estimates of current
phosphorus loading and make future projections based on population growth with Meridian
WWTF operators.
-* The Trust will consult with Meridian WWTF plant operators and engineers to determine the
range of wasteload allocations and phosphorus load reductions through technology
upgrades that are most useful for facility planning purposes.
2
Potential future loading scenarios will be revised based on updated values for wasteload
allocations and selected phosphorus concentration scenarios.
-* Coarse cost estimates will be refreshed based on the results of phosphorus loading
scenarios.
—� Deliverables:
(a) The Trust will provide revised results for potential future phosphorus loading
scenarios and the associated phosphorus credit demand for water quality trading.
(b) Revised estimates will be provided in tabular format and included in the final
report.
Estimated Cost: $4,240
Task 2) Summary Report
¢ ?CoRitiit
The Trust will consolidate four previous memos summarizing potential future loading, supply
analysis, policy considerations, and trading plan elements into one final report. Refreshed
results based on the results of Task 1 will be incorporated into the final report. Any new policy
developments during this time period will also be incorporated.
—> The Trust will review analysis of phosphorus loading in neighboring watersheds (completed
through a separate contract supporting development of the Lower Boise River Trading
Framework)to evaluate the potential range of credit values and cost per credit for the City. If
the City expands its service area outside of the Fifteenmile Creek watershed, it will expand its
potential phosphorus credit supply and increase the feasibility of implementation. The City's
potential to do so, and the potential benefits of doing so, will be included in the summary
report.
Deliverables:
(a) The Trust will provide a final report summarizing nutrient trading feasibility and
considerations for the City of Meridian.
(b) The Trust will present refreshed results to the City of Meridian in person at a date
that is convenient to both parties.
Estimated Cost:$4,450
Assumptions:
• The City will be available for two conference calls to work through the DMR data and
treatment technology scenarios.
• The City and its engineers participate in meetings with The Trust.
The
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Suggested Meetings:
• The exact meeting schedule will be determined after contracting, but The Trust proposes a
brief kick-off meeting via conference call with the City and its consultant(s)at the beginning
of this Scope of Work.
• As needed, The Trust will hold regular conference calls with the City and its consultant(s).
• The Trust proposes a concluding presentation of the deliverables developed through this
Scope of Work in July 2015.This in-person meeting will focus on answering any questions
and developing next steps.
Conclusion:
The Trust has proposed the Scope of Work to support the feasibility analysis completed in spring of
2015, and to respond to additional questions from the City and its engineers.
Total Estimated Analysis Cost(5/25/15 through 7/31/15):$8,690
Who to contact for next steps:
The Freshwater Trust appreciates the City of Meridian's interest and review. Please direct questions,
comments and additions to:
Alex Johnson
Senior Freshwater Solutions Director
503-222-9091 x18
alex@thefreshwatertrust.org
£iii SWY.,imt iii Suer,et
The uite 200 x ii( iiiiiiiiiiouito?r..i>t i il
Portland OR 97 } Phone °03 2 9 91 1,T1(C, ii ��, t t�+
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Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: 5K
PROJECT NUMBER: VAC 15-004
ITEM TITLE: Resolution No._ 15 - 01 UQ
for the Vacation of the 5 -foot Wide Public Utility Easement that Lies Across Lot 2-5, Block
8 of Reflection Ridge Subdivision No. 3 Located Approximately 1/2 mile South of E.
Victory Road and 'h mile West of S. Locust Grove Road in Section 30, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho
MEETING NOTES
9 APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D.Rich 2015-045167
BOISE IDAHO Pgs=3 VICTORIA BAILEY 05/27/2015 11:08 AM
MERIDIAN CITY NO FEE
1111111111111 IIIIIIIIIIIIII 11111 IIII 11111 III Il III
00102205201500451670030038
CITY OF MERIDIAN RESOLUTION NO. 15-
-O/(0 Co
BY THE CITY COUNCIL: BIRD,BORTON, CAVENER,
MILAM, ROUNTREE, ZAREMBA
A RESOLUTION VACATING THE 5-FOOT WIDE PUBLIC UTILITY
EASEMENT THAT LIES ACROSS LOTS 2-5, BLOCK 8, REFLECTION RIDGE
SUBDIVISION NO. 3 LOCATED APPROXIMATELY '/2 MILE SOUTH OF E.
VICTORY ROAD AND '/2 MILE WEST OF S. LOCUST GROVE ROAD IN SECTION
30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF
MERIDIAN,ADA COUNTY,IDAHO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 19, 2015 the City Council of Meridian, held a hearing on the
vacation of the 5-foot wide public utility easement that lies across Lot 2-5, Block 8 of
Reflection Ridge Subdivision No. 3 located approximately V2 mile South of E. Victory Road
and V2 mile West of S. Locust Grove Road in Section 30, Township 3 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho, and
WHEREAS, after such hearing, the City Council, by formal motion, did approve said
described vacation; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the 5-foot wide public utility easement that lies across Lot 2-5, Block
8 of Reflection Ridge Subdivision No. 3 located approximately I/2 mile South of E. Victory
Road and %2 mile West of S. Locust Grove Road in Section 30, Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County, Idaho, is hereby vacated. A copy of the
necessary relinquishment is attached as Exhibit"A".
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
REFLECTION RIDGE SUB.No.3—VAC-15-004 PAGE 1 OF 2
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
.21P-41-lay of '144 , 2015.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
2VIA day of W , 2015.
Mayor a e Weerd
ATTEST:
4�0„ATED AUG,
O I
ti
I. _ ori” TyOt
aayycee j olman, City Clerk murr IDIA N
IDAHO
SEAL
nFyTFq 'Ar TRS' ' �
STATE OF IDAHO, )
) ss
County of Ada )
On thisko day of \JO\ \ , 2015, before me, the
undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD
and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the
City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that
the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
5�5SoT`�. .
(SEAL) ; q J�,,. NOTTAR PU: OR IDAHO
�• ,�• RESIDING AT: L ex�l�iIl ID
• � MY COMMISSIO EXPIRES , )C`i r'i y , ao a v
•$\ :
!'� •: LIC -',
•.()
F IP.A��••
REFLECTION RIDGE Sus.No.3—VAC-15-004 PAGE 2 OF 2
EXHIBIT A
.,---,,
Existing Public Utility to be Vacated
713 T-13 ENGINEERS
CONSULTING ENGINEERS,SURVEYORS AND PLANNERS
911?CHINDENKLULL YARD
80ISE,IDAHO R3714.2005
208 323 2288.FAX 208-323 2:3:0
Project 140008
Date:April 2,2015
Page I of I
EXHIBIT"A"
Utility Easement Vacation Description
A 5 foot wide parcel of land located in Lob 2 through 5,Block 8 of Reflection Ridge
Subdivision No.3,recorded in Book 108 of Plats at Pages 15,152—15,156,Records of Ada
County,Idaho lying m the N W1/4 of the SLI/4 of Section 30,"fownship 3 North,Range 1
East,Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as
follows:
COMMIVIENCING at the southwest corner of said Lot 5,Block 8;thence,along the south
boundary of said Lot 5,
A) 8.84°54136"E,41.48 feet to the POINT OF BEGINNING;thence,
1) N,18°41$35"E.,26.33 feet;thence,
2) N.89°03'56"E.,228.66 feet to the westerly right-of-way of S.Shimmering Way us
shown on said Reflection Ridge Subdivision No.'3 to the beginning of a non-tangent
curve;thence,
3) Southerly along said curve to the right,having a radius of 469.00 feet,an arc length
of 5.00 feet through a central angle of 0036'39",of which the long chord bears
8.00.38'46"E.,5.00 feet;thence,non-tangent from said curve,
4) 8,89°03'56"W.,225.11 feet;thence,
5) 8.18°4115"W.,21.59 feet;thence,
6) N.84°54'36"W.,5,14 feet to the POINT OF BEGINNING.
[
CONTAINING 1,254 sq.ft.
SUBJECT TO:Record documents. ,
" 4',....'•'*1
„Ns...A,
. /7' dr" VI*
EXHIBIT"B"attached,and by this reference made a part hereof.
13
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,7
,44 a
—erVO.MIOW
11A140002.130RWPrileskOcacriptimARR3 MIT Emma Vacation doe
...01,
Reflection Ridge Sub 3—Lots 2-5,Block 8—VAC 05-004
Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: 5L
PROJECT NUMBER:
ITEM TITLE: Resolution No. 15 - of lel
Adopting Pathways Master Plan Amendments
MEETING NOTES
9 APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN
RESOLUTION NO. /5—o/67
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM,
ROUNTREE,ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, AMENDING THE PATHWAYS MASTER PLAN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Meridian City Code section 2-2-2(C)(11) charges the Meridian Parks and
Recreation Commission with reviewing and commenting on the City's comprehensive plan as it relates
to parks and recreation, and the Meridian comprehensive plan includes, by reference, the Pathways
Master Plan;
WHEREAS, City staff from both the Planning Department and the Parks and Recreation
Department reviewed and analyzed the Pathways Master Plan, compared the information contained
therein to on -the -ground conditions, determined that the Pathways Master Plan contains some outdated
and/or inaccurate information, and proposed amendments to the Pathways Master Plan;
WHEREAS, on March 11, 2015, by resolution, the Parks and Recreation Commission directed
the Parks and Recreation Director to request that the City of Meridian City Council implement the
amendments to the Pathways Master Plan as set forth in the staff report, attached to the Commission's
resolution as Attachment 1 thereto; and
WHEREAS, the Mayor and City Council find that it is in the best interest of the health, safety,
and welfare of the people of Meridian to implement such amendments to the Pathways Master Plan;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the amendments to the Pathways Master Plan as set forth in Attachment I to
the Commission's March 11, 2015 resolution, attached hereto as Exhibit A, are hereby accepted and
adopted by the Mayor and City Council of the City of Meridian.
Section 2. That this Resolution shall be in full force and effect immediately upon its adoption
and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this day of
2015. APPROVED by by the Mayor of the City of Meridian, Idaho, this day of
2015.
0 pTED AUGil
Mayor Ta Weerd
ATTEST:
cay or
E IDIAN*-
By. o
aycee H 1 an, Crty C rlf SEAL W.
'de TNEAS�d
RESOLUTION ADOPTING PATHWAYS PLAN AMENDMENTS Page 1 of 2
EXHIBIT A
Resolution of the Parks & Recreation Commission
RF,SOTd7TiON ADOPTING; PATHWAYS MASTER PLAN AMENDMENTS Page 2 of 2
�E IDIAN�--
IDAHO
PARKS AND RECREATION COMMISSION
A RESOLUTION OF THE PARKS AND RECREATION COMMISSION OF THE CITY
OF MERIDIAN, IDAHO, RECOMMENDING THAT THE PATHWAYS MASTER
PLAN BE AMENDED.
WHEREAS, Meridian City Code section 2-2-2(C)(11) charges the Commission with
reviewing and commenting on the City's comprehensive plan as it relates to parks and
recreation, and the Meridian comprehensive plan includes the Pathways Master Plan; and
WHEREAS, the Parks and Recreation Department and Commission have reviewed and
analyzed the Pathways Master Plan, comparing the information contained therein to on -the -
ground conditions, and determined that the revisions incorporated herein as Attachment I are
necessary to improve the Pathways Master Plan and future network; and
WHEREAS, the Commission finds that providing opportunities for safe, fun,
interconnected, and convenient foot and bicycle travel is in the best interest of the health, safety,
and welfare of the people of Meridian;
NOW, THEREFORE, BE IT RESOLVED BY THE PARKS AND RECREATION
COMMISSION OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That the Parks and Recreation Director shall request that the Meridian City
Council adopt the amendments to the Pathways Master Plan as set forth in the update
incorporated herein as Attachment 1.
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the Parks and.Recreation Commission of the City of Meridian, Idaho,.this
day of March 11, 2015.
APPROVED:
Matt Stoll, PresMent
Parks and Recreation Commission
RESOLUTION OF PARKS & REc. COMMISSION -AMEND PATHWAYS MASTER PLAN PAGE 1 OF 3
ATTACHMENT 1
RESOLUTION OF PARKS & REC. COMMISSION -AMEND PATHWAYS MASTER PLAN PAGE 2 OF 3
Meridian Pathways Network Map
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RESOLUTION OF PARKS&REC.COMMISSION—AMEND PATHWAYS MASTER PLAN PAGE 3 OF 3
Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: 5M
PROJECT NUMBER:
ITEM TITLE: Approval of Change Orders No. 6 and 7 to 13132 Site Work for the
"WWTP Maintenance Building" project for the Not -To -Exceed amounts of $42,897.16
and $30,632.00 respectively.
MEETING NOTES
APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Memo
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Brent Blake
Date: 5/20/2015
Re: May 26'h City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
May 26u' City Council Consent Agenda for Council's consideration.
Approval of Change Orders No. 6 and 7 to BP2 Site Work for the "WWTP
Recommended Council Action: Award of Change Orders No. 6 and 7 to BP2
Site Work agreement for the WWTP Maintenance Building for a combined Not -
To -Exceed Total of $73,529.16.
Thank you for your consideration.
• Page 1
CITY OF MERIDIAN
33 EAST BROADWAY AVENUE
MERIDIAN, ID 83642
CONTRACT CHANGE ORDER
Change Order No.:
6
Project Number:
10163
Date:
4/10/2015
Effective Date:
4/10/2015
CONTRACTOR: BP #02 Tuffy Excavation
PROJECT: WWTP Maintenance Building
y�T
The Contractor is hereby directed to make the following changes from the Contract Documents and Plans.
Description: $42,897.16
Additional site concrete, ADA ramp, paving and striping per City of Meridian direction. -
Attachment(s): Tuffy pricing dated 3/27/15
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price: $133,164.00
Original Contract Completion Date:
Original Contract Completion Days:
Net changes from previous C.O.'s.:
Net Days change form previous C.O.'s:
No. 0 to 0
No. 0 to 0
$52,172.60
Contract Price Prior to this C.O.:
Contract Completion Date before this C.O.:
$185,336.60
Net Increase (decrease) of this C.O.:
Net Days Increase (decrease) of this C.O.:
$42,897.16
Contract Price with all Approved C.O.'s:
Contract Completion Date with all Approved C.O.'s:
$228,233.76
RECOMMENDED: (CONSTRUCTION M6WAG&RL
REVIEWED: (PROJECT MANAGER)
J
By: Bryce Parker
By: David Allison
Date: /fes// S—
Date:
S S
AX T�IED:(CONTRACTOR)
APPROVED: (CITY PURCHA NGA NT)
BY��CCJJJJ /�`'�o'�A
By: Keith Watts
Date:
pTED qff
ate:
APPROV
o
ity of
By: Mayor T my a lJ eerd E IDI
it) Clerk, Jaycee L. o an
Date: 6—W Io
®et S
r JryH1 W
'`mf ,nom
R �r rOe iRF A5U55 y] n e
1Jbeniton
CON ST R U OT 1 O N
City of Meridian - Maintenance Building CM Project #21318
3401 N. Ten Mile Rd,
Meridian. ID 83642
Change Order Request
COR -027
Change Order Request: 027 for City Project #10163 Date:09/09/2015
To: From: Bryce Parker
CTA, Inc. Beniton Construction Company
800 West Main Street, Suite 800 P.O. Box 838
Boise, ID 83702 Meridian, ID 83680
Description
Category Status
,nal Sitework / Paving and Landscaping
-iir�r1l ,lUMM Y. "T -J"1.
Additional Sitework / Paving & Landscaping
4/15/2015
$44,532.16
Tully Excavation - Additional site concrete, ADA ramp, paving and striping per City of Meridian direction.
Lawn Co. - Additional landscape scope to coordinate patchback of maintenance and ops building utilities.
Approved By:
Construction Manager. Bryce Parker
Discipline Engineer #1:
Discipline Engineer #2:
Nle
Architect: Brock Martinson
Dated:
Dated:
Dated:
Dated:
$42,897.16
$ 1,635.00
$44,532.16
uffy Excavation, Inco
We'll Do Your DIRTy Work!
4028 Banner St. ■ Boise, Idaho 83709 ■ (208) 562-1720 ■ Fax: 562-1716
Public Works License # 13709-A-4(03300;02220;02310;02318;02740;02500;02855)
Contractor Registration # RCE-4530
Change Order # 9
VOIDS Out Change Orders 7 & 8
All Additional Sitework as of 3-27-15 Bryce, Cam, Ron M Site Walk
Demo North of New Maint Bldg & Controls Bldg. Repave & Concrete Work
City of Meridian Beniton
Meridian Idaho
Date: March 28, 2015
Project: WWTP Bid Package # 2 Owner/Contractor: City of Meridian Beniton
Location: 3401 N Ten Mile Rd Engineer: Keller Associates
Meridian ID Date of Plans: Per Beniton Direction
BID INCLUDES:
SCOPE OF WORK
ITEM
NO.
DESCRIPTION
QTY
UNIT
UNIT COST
TOTAL COST
Demo North of
(1)
Demo Asphalt 2.5
7192
SF
@
$
0.58
$ 4,171.36
Maint Bldg &
Thick & Existing
Controls Bldg -
Vertical Curbs &
Parking Asphalt &
Planters
Curbs & Islands &
Old ADA Ramp
New Asphalt Pave
(2)
Cut to Subgrades
7192
SF
@
$
1.07
$ 7,695.44
Areas
(3)
14" Structural Fill (In
1940
SF
@
$
0.93
$ 1,804.20
Planter Demo Areas
Only)
(4)
4" Aggregate Base
7192
SF
@
$
0.56
$ 4,027.52
(5)
3" Asphalt Paving
7192
SF
@
$
1.52
$ 10,931.84
Heavy Traffic Lanes
1 of 3
Project: WWTP Bid Package # 2 Owner/Contractor: City of Meridian Beniton
Location: 3401 N Ten Mile Rd Engineer: Keller Associates
Meridian ID Date of Plans: Per Beniton Direction
Prep for
Sidewalks North
Side of Controls
Bldg & East Side
of Operations
Bldg. ADA Ramp
(1) Each & Vertical
Curb Prep.
Concrete
Sidewalk Pours &
Thickend Edge
New Concrete
ADA Ramp
Stripping &
Signage
Mobilization
(6)
(7)
Cut to Subgrade & 1 LS @
Aggregate Base
Concrete 1428 SF @
Subcontractor Prices
$ 2,794.80 $
$ 6.00 $
2,794.80
8,568.00
(8)
Pour with New 1
EA @
$
572.00 $ 572.00
Truncated Dome
(9)
Restripe Parking Lot 1
LS @
$
550.00 $ .550.00
ADA Stalls & ADA
Signs
(10)
1
LS @
$
550.00 $ 550.00
Total
42,897.16
No Charge NOTICE
Includes Clearing & Grubbing Areas at Former Beniton Job Trailers Location
NOTICE:
Work Must be Done During Favorable Weather and While Mobilized.
All Asphalt Paving to be done during Final Paving for Maintenance Building
All work to be completed according to the project specifications and standard practices. Tuffy will be paid for
actual quantities installed. Progress payments are due upon each 30 day billing.
r ne amount aue snail bear interest at 1.5% from the date of the billing,
We assume that the project will be constructed during Favorable weather conditions. Should the on site soils
become frozen or saturated to the point that it becomes Not cost effective to continue Tuffy will cease operations
all operations until such time as the soils thaw and dry to the point that work can continue in a profitable
manner or until such time as an additional compensation agreement is reached and executed.
Any alterations to the project specifications, which involve an increase in cost, will only be performed with an
WAU�UL=u Uncnyo U1UU1 wniur win become an aaamon to the contract amount.
Tuffy reserves the right to withdraw this proposal if not accepted within 15 days.
We require a signed copy of this proposal be returned to Tuffy upon acceptance or award.
2of3
Project: WWTP Bid Package # 2 Owner/Contractor: City of Meridian Beniton
Location: 3401 N Ten Mile Rd Engineer: Keller Associates
Meridian ID Date of Plans: Per Beniton Direction
Upon acceptance this proposal shall become part of the contract documents!
Tuffy Excavation, Inc,
Authorized Signature: Date:
Acceptance of Proposal - The above prices are acceptable, and Tuffy Excavation, Inc. is authorized to perform the
work listed above.
Authorized Signature:
3of3
Date:
Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: 6
PROJECT NUMBER:
ITEM TITLE: Items Moved from the Consent
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: May 26, 2015 ITEM NUMBER: 7A
PROJECT NUMBER: FP15-013
ITEM TITLE: Continued from May 5, 2015: Silverwater Subdivision No. 2
by Trilogy Development Located at the South Side of E. Victory Road on the East Side of
S. Standing Timber Way, in the NW 1/4 of Section 30, Township 3N., Range 1 E., Request
for Final Plat Consisting of 2 Common Lots on 4.67 Acres of Land in the R-8 Zoning
District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: 7B
PROJECT NUMBER: FP15-012
ITEM TITLE: Continued from May 5, 2015: Silverwater Subdivision No. 3
by Trilogy Development Located at the South Side of E. Victory Road Midway Between
S. Meridian Rd and S. Locust Grove Rd. in the NE 1/4 of Section 30, Township 3N., Range
1 E., Request for Final Plat Consisting of 42 Common Lots, 6 Common lots, and 1 Other
Lot on 17.22 Acres of Land in the R-8 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: $A
PROJECT NUMBER:
ITEM TITLE: MAC FYI Budget Amendment for
Traffic Box Wrapping in the Not -to -Exceed Amount of $5,000.00
MEETING NOTES
U*r APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
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Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: 8B
PROJECT NUMBER:
ITEM TITLE: MAC FY15 Budget Amendment for
Concerts on Broadway Scholarship Funds for the Not -to -Exceed Amount of $15,000.00
MEETING NOTES
9 APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
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Meridian City Council Meeting
DATE: May 26, 2015 ITEM NUMBER: $C
PROJECT NUMBER:
ITEM TITLE: Economic Development: Discussion of Resolution and Lease Agmt.
between the City of Meridian and New Ventures Lab, Inc for 33 East Idaho Avenue.
MEETING NOTES
CW4� ix.�a 9(--�) &/-)/� (----
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: May 26, 2015 ITEM NUMBER: $D
PROJECT NUMBER:
ITEM TITLE: Economic Development: Approval of Resolution No.�:
Resolution Approving Lease Agreement with New Ventures Lab Inc. for 33 E. Idaho Ave.
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: May 26, 2015 ITEM NUMBER: $E
PROJECT NUMBER:
ITEM TITLE: Police Department: Presentation of Body Worn Cameras
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