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2015-09-01
CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 01, 2015 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis warn O Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of August 18, 2015 City Council PreCouncil Meeting B. Approve Minutes of August 18, 2015 City Council Meeting C. Findings of Fact, Conclusions of Law: RZ 15-009 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Rezone Approximately 1.65 Acres from the R- 8 (Medium -Density Residential) Zoning District to the R-15 (Medium High - Density Residential) Zoning District D. Findings of Fact, Conclusions of Law: PP 15-011 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Preliminary Plat Approval of Three (3) Multi - Family Residential Lots, Seventeen (17) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.65 Acres in the R-8 and Proposed R-15 Zoning Districts E. Findings of Fact, Conclusions of Law: CUP 15-015 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Conditional Use Permit for a Multi -Family Development Consisting of Sixteen (16) Dwelling Units in the Proposed R- 15 Zoning District Meridian City Council Meeting Agenda — Tuesday, September 01, 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. Findings of Fact, Conclusions of Law: AZ 15-007 Sovi Subdivision by DevCo, LLC Located 3515 S. Eagle Road Request: Annexation of Five (5) Acres of Land from the RUT Zoning District in Ada County to the R-15 (Medium -High Density Residential) Zoning District G. Findings of Fact, Conclusions of Law: PP 15-010 Sovi Subdivision by DevCo, LLC Located 3515 S. Eagle Road Request: Preliminary Plat Approval Consisting of Thirty -Six (36) Single Family Residential Lots and Seven (7) Common Lots on Approximately Five (5) Acres in a Proposed R- 15 Zoning District H. Findings of Fact, Conclusions of Law: MDA 15-006 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Development Agreement Modification to Change the Development Plan from Single Family Detached and Attached Homes to all Single Family Detached Homes and a Sixteen (16) Unit Multi - Family Development Final Order for Approval: FP 15-026 Fall Creek Subdivision No. 3 by Coleman Homes, LLC Located South of W. Overland Road on the East Side of S. Linder Road Request: Final Plat Approval Consisting of Forty -Three (43) Building Lots and Six (6) Common Lots on 19.24 Acres of Land in the R-8 Zoning District J. FP 15-027 Kentucky Villas by C4 Investments, LLC Located 835 W. Victory Road Request: Final Plat Approval Consisting of Eight (8) Building Lots, One (1) Common Lot and One (1) Other Lot on 3.87 Acres of Land in an R-4 Zoning District K. Modified Development Agreement MDA 15-007 Hill's Century Farm Subdivision by Brighton Investments, LLC L. Development Agreement for RZ 15-010 Human Bean Located at Northeast 1/40f The Northeast 1/4 Of Section 12, Township 3 North, Range 1 West M. Second Amendment To Professional Services Agreement With Trauma Intervention Programs, Inc. for a not -to -exceed amount of $10,957 N. Professional Services Agreement with Idaho Division of Building Safety for Mechanical Plan Review and Inspection Services O. Professional Services Agreement with Idaho Division of Building Safety for Electrical Plan Review and Inspection Services Meridian City Council Meeting Agenda — Tuesday, September 01, 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. P. Professional Services Agreement with DMH Enterprises for Plumbing Plan Review and Inspection Services Q. Professional Services Agreement with Jackson Code Consultants, Inc. for Fire Plan Review and Inspection Services R. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Megan Elliott's "Zentangle Butterflies" S. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Rylie Krahn's "Connections" T. Professional Services Agreement For Event Coordination Services: One - Day Youth Farmer's Market Expo for a Not -to -Exceed Amount of $2,000.00 Continued to 9/8/15 U. Silverwater Subdivision No. 3 Sewer Easement V. Addendum No. 13 to Agreement for City Prosecutor/Criminal Legal Services Dated November 1, 2002 W. Resolution No. 15-1086: Donation of 5 Radar Units to the Caldwell Police Department. 6. Action Items A. Public Hearing: FY15 Amended Budget in the Amount of $87,132,934.00 Approved B. Public Hearing for FYI Budget in the Amount of $97,870,219.00 Approved 7. Items Moved From Consent Agenda None 8. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update Vacated 9. Continued Action Items A. FP 15-028 Isola Creek No. 3 by Isola Creek, LLC Located East of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of Twenty -Five (25) Single -Family Residential Building Lots and Two (2) Common Lots on Approximately 9.85 Acres of Land in an R-4 Zoning District Approved 10. Continued Department Reports Meridian City Council Meeting Agenda —Tuesday, September 01, 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. A. Mayor's Office: Communication Update B. Community Development: U.S. 20/26 (Chinden Boulevard) - Corridor Study, Truck Traffic and Improvements Update C. Community Development: Review Initial Draft of the Ada County Highway District (ACHD) FY2016-2020 Integrated Five -Year Work Plan D. Community Development: Community Development: Transportation Projects Update — Discuss Transportation Related Studies, Projects and Programs Including: ACHD's Vacation Policy and Various Construction Project Updates 11. Ordinances A. Ordinance No. 15-1657: An Ordinance (RZ 15-010 — Human Bean) For The Re -Zone Of A Parcel Of Land 1/4 Of Section 12, Township Determining The Land Use Density Residential) Zoning Effective Date Approved 12. Future Meeting Topics Adjourned at 8:24 p.m. /4 Located In The Northeast' Of The Northeast 3 North, Range 1 West; Establishing And Zoning Classification Of R-4 (Medium Low District To O -T (Old Town) And Providing An Meridian City Council Meeting Agenda —Tuesday, September 01, 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 Septmber 1, 2015 A meeting of the Meridian City Council was called to order at 6:15 p.m., Tuesday, September 1, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree Keith Bird, David Zaremba, Genesis Milam and Joe Borton. Members Absent: Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Kyle Radek, Stacy Kilchenmann, Todd Lavoie, Jamie Leslie, Perry Palmer, Kaycee Emery, 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 _____ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Well, thank you for waiting for us. We apologize for the late start. For the record it is Tuesday, September 1st. It's 6:15. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel De Weerd: Item No. 3 is our community invocation. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. With us is Pastor Troy. Thank you for joining us. Drake: Thanks, Mayor, Council Members. Let us pray. Oh, God, you just reminded me on the way over here how blessed we all are to have life and just want to express -- I want to express my gratitude on behalf of everybody here that you have given us life and I just pray for the life of our citizens of Meridian here tonight, God. We pray for peace in our community, for the law enforcement officers and -- and the citizens, Lord. We just pray that we respect the life of each other here and, God, we are just so thankful for these servants here who make decisions on behalf of the citizens and that we live in a free country and city where we get to elect them and, God, and, then, they serve us in the best Meridian City Council September 1, 2015 Page 2 of 38 interest of our community and so I just pray, God, that you would give them much grace here tonight, that you would bless them for the service that they have given to our community and that you would give them supernatural wisdom to make decisions, whether they are small or great, that would be the best for everyone involved. So, God, we just acknowledge you as Lord and thank you so much for -- for these people thanks and, lastly, God, I just pray for Council Member Zaremba, as I was just reading that he is ending his term soon and so we just pray, God, that you would bless his life and give him much grace, too, for the -- for how much he's served this community and the great job that he's done. So, God, we just express our gratitude here tonight and thank you so much for what you have done and what you're doing here in this town, in Jesus' name, amen. Thank you. Zaremba: Thank you. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adopt the agenda with the following additions. On Item 5-T, that that item has been requested to continue to September 8th of 2015. De Weerd: 5-T? Rountree: That's what my note says. 5-T. And Item 5-W is resolution number is 15- 1086. Item 8-A has been requested to be vacated, as they are just barely getting organized. And Item 10-A, the ordinance number is 15-1657. And with those changes I would take a second for my motion. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as changed . All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of August 18, 2015 City Council PreCouncil Meeting B. Approve Minutes of August 18, 2015 City Council Meeting Meridian City Council September 1, 2015 Page 3 of 38 C. Findings of Fact, Conclusions of Law: RZ 15-009 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Rezone Approximately 1.65 Acres from the R-8 (Medium-Density Residential) Zoning District to the R-15 (Medium High-Density Residential) Zoning District D. Findings of Fact, Conclusions of Law: PP 15-011 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Preliminary Plat Approval of Three (3) Multi-Family Residential Lots, Seventeen (17) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.65 Acres in the R-8 and Proposed R-15 Zoning Districts E. Findings of Fact, Conclusions of Law: CUP 15-015 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Conditional Use Permit for a Multi-Family Development Consisting of Sixteen (16) Dwelling Units in the Proposed R-15 Zoning District F. Findings of Fact, Conclusions of Law: AZ 15-007 Sovi Subdivision by DevCo, LLC Located 3515 S. Eagle Road Request: Annexation of Five (5) Acres of Land from the RUT Zoning District in Ada County to the R-15 (Medium-High Density Residential) Zoning District G. Findings of Fact, Conclusions of Law: PP 15-010 Sovi Subdivision by DevCo, LLC Located 3515 S. Eagle Road Request: Preliminary Plat Approval Consisting of Thirty-Six (36) Single Family Residential Lots and Seven (7) Common Lots on Approximately Five (5) Acres in a Proposed R-15 Zoning District H. Findings of Fact, Conclusions of Law: MDA 15-006 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Development Agreement Modification to Change the Development Plan from Single Family Detached and Attached Homes to all Single Family Detached Homes and a Sixteen (16) Unit Multi-Family Development I. Final Order for Approval: FP 15-026 Fall Creek Subdivision No. 3 by Coleman Homes, LLC Located South of W. Overland Road on the East Side of S. Linder Road Request: Final Plat Approval Consisting of Forty-Three (43) Building Lots and Six (6) Common Lots on 19.24 Acres of Land in the R-8 Zoning District Meridian City Council September 1, 2015 Page 4 of 38 J. FP 15-027 Kentucky Villas by C4 Investments, LLC Located 835 W. Victory Road Request: Final Plat Approval Consisting of Eight (8) Building Lots, One (1) Common Lot and One (1) Other Lot on 3.87 Acres of Land in an R-4 Zoning District K. Modified Development Agreement MDA 15-007 Hill's Century Farm Subdivision by Brighton Investments, LLC L. Development Agreement for RZ 15-010 Human Bean Located at Northeast ¼ Of The Northeast 1/4 Of Section 12, Township 3 North, Range 1 West M. Second Amendment To Professional Services Agreement With Trauma Intervention Programs, Inc. for a not-to-exceed amount of $10,957 N. Professional Services Agreement with Idaho Division of Building Safety for Mechanical Plan Review and Inspection Services O. Professional Services Agreement with Idaho Division of Building Safety for Electrical Plan Review and Inspection Services P. Professional Services Agreement with DMH Enterprises for Plumbing Plan Review and Inspection Services Q. Professional Services Agreement with Jackson Code Consultants, Inc. for Fire Plan Review and Inspection Services R. Professional Service Agreement for Ar twork for Traffic Box Community Art Project: Megan Elliott's "Zentangle Butterflies" S. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Rylie Krahn's "Connections" T. Professional Services Agreement For Event Coordination Services: One-Day Youth Farmer’s Market Expo for a Not-to- Exceed Amount of $2,000.00 Continued to 9/8/15 U. Silverwater Subdivision No. 3 Sewer Easement V. Addendum No. 13 to Agreement for City Prosecutor/Criminal Legal Services Dated November 1, 2002 W. Resolution No. 15-1086: Donation of 5 Radar Units to the Caldwell Police Department. Meridian City Council September 1, 2015 Page 5 of 38 12. Future Meeting Topics De Weerd: Okay. Item No. 5 is the Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as amended. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended in Item 4. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Action Items A. Public Hearing: FY15 Amended Budget in the Amount of $87,132,934.00 De Weerd: Item 6-A is a public hearing on Fiscal '15 amended budget. I will turn this to Todd or Stacy. Kilchenmann: I will -- Madam Mayor, I will start. We may have to just throw all the budget out and buy a new mouse, because we can't get the presentation up, so -- De Weerd: There you go. Kilchenmann: Okay. I think we are operational. So, here we are finally at the end of preparing for the FY-2016 budget year and I'm going to do -- we are going to split this in two parts. First I'm going to do an introduction and a little bit on another topic. I'm looking back and looking forward and, then, Todd, will actually present the details of the budget. So, it should be fairly quick and painless, since we have all been through this together and we don't have a large group of public in the audience, we will just kind of power through it and if you have more questions or want us to slow down or add anything, just let us know. So, I have kind of decided to look back, because we are going to do work -- work on the capital improvement plan, we are going to be looking forward, plus the directors have been spending a lot of time on the strategic plan looking for forward. So, when we look at the budget, one of the most important tools for predicting the future is looking back at the past, so I looked at two time periods, I looked at the seven years between FY-2004 and Meridian City Council September 1, 2015 Page 6 of 38 FY-2010 and the six years between 2011 and 2016, because those two periods of time were very distinct and different from each other. So, in my part of the presentation, which, again, is brief, I'm going to focus on personnel cost, that's because I'm looking at base largely and personnel cost is the most significant base cost we have and, then, we will also just glance at capital, because that also is a very large, although one time cost. So, for the period 2004 through 2010, to test that theory, that personnel is our largest cost, personnel -- if you take the total we spend -- this isn't annually, that's the total for that time period, it was 57 percent of the 244 million we budgeted -- and we are looking at budget, not actual, for personnel and operating costs city wide. So, in this I did not strip out one time cost, which can be very significant, especially for the Enterprise Fund and they pay for very large master plans and once in a while in the General Fund we have had some big one time costs. So, for the period -- if I strip those out personnel would be even a bigger percentage. So, for the perfect 2011 through 2016 personnel cost was 69 percent of the 279 million we budgeted for our base through that time period. So, these two time periods to me represent -- I'm calling them two eras. One is the red hot and one is the cool down. So, I just compiled some statistics. Those of you that were here you don't really need this explanation, you lived it. Those of you who are new I think have spent a lot of time, you came into this budget -- or you came -- you came into the city without an agenda as far as the budget and you have -- you have lived this cool down and how much more difficult it's getting now and you are helping us look at the future. So, the cool down era was probably around 65 to 75 percent less than the red hot period. If we can just look at basic things like building permits, 9,800 to 5,400 single family. Multi-family, whole different story. We talked about in the budget workshop. Commercial square feet, we can look at those comparisons. Look at population, how much we increased from 2004 to 2010 and the slow down we got into 2000 -- the last period from '10 to '15. And when I look at the single family permits I could have gone back even further, because we were -- or you were ratcheting up even in the '90 -- yeah, in the '90s. So, then, again, I said we were going to look at personnel, because that's one our biggest costs and look at the changes in the budget. So, we have the hot era, you can see the big changes in the -- on what I'm used to calling the boots on the ground, but in those major functions, especially police, fire, and planning. So, growth principles apply to every organization or every organization that survives their growth I should say, when it's cranking up, everything is thrown at the assembly line to get the widgets out to meet the demand or to get the police out on the road, get the fire station built, then, we follow up and we have -- we have to put in place policies and procedures to provide information, to give direction, to kind of keep everything from going into chaos and, then, at the bottom we talk about kind of how that happened in administration, but that bottom table is the change from '15 to '16. So, you can see we are only growing five percent. Very small percentage of the growth if you look at history. So, this year -- this '16 budget is a conservative budget. It's very conservative so far as the base goes. If you look at parks, parks has like jumped out 17 percent. We are increasing personnel 17 percent. We have to spend -- our insurance costs went up 128,000, because now we need to provide insurance for seasonal employees. So, before we all go beat up on Steve, that's a function of something that's outside of our control. So, then, if you look at admin, kind of after we had this giant growth and boots on the ground, then, we followed up with admin. So, the -- the items in red are functions we didn't even have in 2014. So, this particular table looks at the change from -- from 2004 to 2016. So, Meridian City Council September 1, 2015 Page 7 of 38 when I started here -- and Meridian was already in this growth period, well into it, there weren't any -- very few of the normal support staff functions -- we didn't have a legal department. We had one person in the HR department. We didn't have IT. We didn't have financial statements. We had a very small accounting staff. So, we just -- all these functions have had to be built in that last decade from the ground up and, then, Other Government -- Other Government I kind wanted to explain that one, because it's like a catch all. So, we have put all of our general revenue in there now and, then, we have a little bit of everything. So, we have like the history and the arts commission, we have the general construction manager, communication manager. We have the block grant. We have Allumbaugh House. We have a lot of items in there. They are mostly operating. So, that one kind of -- that one will go up and down, particularly for grants. So, then, we have just a quick glance at capital outlay, what we spent in that period of time. So, if you look at 2004 to 2010, we have got -- and this is for the whole city again, so talking about the whole city, not one of the funds or one of the other funds, but we had a budget of 136 million dollars for capital outlay during that period, which we almost spent -- we spent -- we spent 123 million. Then if we look at the cool down, we spent 75 million compared to 123 million and our budget was also lower at 115 million. So, I just jotted down some examples of what happened during this time period. This is the overall time period. Again, you have lived it, you see it -- you see it all the time. It's just -- for those who don't live it and see it all the time to kind of get a picture of what happened during this time period, so we added 156 acres of developed park land. We increased the police force 72 to 117. We went -- fire went from -- fire went from three to five stations and it increased -- put states, but, actually, fire hasn't taken over any states yet, but an increase in fire staff -- yes. Increased from 48 FTEs to 71 FTEs. Then on the Enterprise Fund side, 170 miles of water line, 120 miles of sewer line, 3,400 manhole covers added and, then, I have got 1,600 cover -- manhole covers. There is probably a differentiation there between the two of them. The pumping capacity for water and for sewer. So, a lot happened during that time period. So, now I'm going to switch now -- so that's all history. Talk about history. Now, let's look forward. So, if we look at the General Fund and we look at -- we plug in what we are pretty sure what's going to happen this year, because we are almost at the end of the year and we look at what's going to happen -- we plug in the budget for '16, we can end up with the unreserved fund balance going from eight million at the end of this year to 5.3 million at the end of FY-16. Now that's taking out the operating reserve of ten million dollars and the '15 might be a little higher, you know, I -- I increased the revenue side. I didn't -- I just plugged in the budget for the operational side, I didn't decrease. It might change -- to change anywhere from two to four hundred thousand dollars. FY-16 is based strictly on the budget that you will be adopting tonight. And, then, I looked from '17 to '20. I didn't do the fund balance, I didn't add capital in there, I just projected what our excess after base might be. So, excess after base is when we sit down at our budget workshop and we say what we are going to -- what do we have to cover all our replacement and our enhancements. So, again, base personnel and operating. I based those assumptions on the table below on those percentages . These are conservative percentages. So, these are looking at the hot era and looking at the cool down era and that tells you what -- the first column is what I used to estimate the personnel cost. This is General Fund only. And, then, what I used to project the operating increase and, again, when we sit down and we start going through the capital improvement plan, we will follow Meridian City Council September 1, 2015 Page 8 of 38 this through. So, we will have the revenue and the base side and, then, we need to project capital side. So, if we look at the impact fee balance, I just took -- we just did do '15 and these are the numbers we came up with for what the impact fee balance will be at the end of this year and of that 6.6 million parks -- police and fire have nothing budgeted in impact fees right now and parks has in '16 2.7 million budgeted and, then, just '15 through '20, what we project the revenue will be. Capital improvement fund just -- for the end of '15 and '16, we don't have anything budgeted there now, so we think we will end the year with 3.9 million and we will end '16 with 5.4 million. The only changes right now in this fund will be those transfers. We made from Development Services of -- excess bill permit and planning revenue over cost that we will make in the Capital Improvement Fund. So, that's kind of looking at a lot of stats and some history. Now what? Now what are we looking at? What have the directors been looking at? What have you been looking at and do you deal with all the time. So, forecast for development and those built in this budget, forecast by me -- not just mine, generally accepted in the region and the state, but development will remain relatively consistent for the next three years, so it will be -- it has been for the last probably '12, '13, '14 and '15 and it will be that or hitch up for '16, '17, '18. Now, we know, because we have history, that we are susceptible to any little sensitive economic swing, because our level of development swings up so high, that means it can come down so high. So, we know this is -- looked at these two periods of time. Now, if we look at the recession -- so, if you read the literature, it hit us a little harder than it did everyone else, but we weath ered it in pretty good shape. I mean I don't think anybody had a great deal of pain. We did a good job and we used the mantra of mange the base and we think that has served us very well and if you look at that budget -- our '16 budget, it does it again. So, we have been there, done that. You can see the differences in those two era of times. So, we know how to handle a cool down, we know how to handle growth. So, I think that gives us a big advantage -- a big tool in our tool box. Again, our base budget is conservative this year, but can we do that every year? No, probably not. So, our challenge is now -- we looked forward -- if -- revenue legs grow. That's how the state statutes are written. Citizens now have an expectation of the quality life that we have, the park space, the recreation programs, events, entertainment, the festivals, the parades, that expectation is there now. Plus we keep moving forward, we keep adding more and more and more and that creates an expectation, but public safety, we rate high, we have a high level of safety in the city. I wouldn't say perceived, but in reality, but they are falling behind. We know that. We know that we need to open another fire station. We know that we are increasing -- every development increases number of calls, it increases traffic, so now we are probably going to have to have -- increase our police department if we are going to maintain the same service level that we have now. Paying for water and sewer. Huge costs on the rise and who pays what? The usage customer? The developer? The builder? Who pays what part of what fee? We have capital projects that have unique funding mechanisms, so we do have impact fees, capital improvement plan, a burst of activity will increase the enterprise f ee connection fees. But, then, eventually we have to repair and replace all of those items. So, government is an entity, like a business is an entity. Our particular business depends on skilled staff and, as we saw, staff makes up a large percentage of the cost. We need to fund staff and maintenance, replacement, and operations with stabile sources of income. The General Fund does not have a lot -- or any stable sources of income. So, our tax revenue -- we Meridian City Council September 1, 2015 Page 9 of 38 share it with county, school, the state and it's always under challenge. We don't have any taxing ability. I always like it when people run and they -- for government and they say they are going to cut taxes and they work for -- they don't work for the legislature, because we have no taxing authority. In recent years our property tax legislation -- or legislation has reduced property tax through exemptions. It's kind of whittled away, whittled away, whittled away. I would think that what -- what is wrong with the schools, why are the schools, why are the schools constantly asking for revenue? And it's because they completely changed their funding mechanism. They took away their property tax and gave them sales tax. Well, sales tax is a very unstable source of revenue. During the recession it went shoo. And, then, it went back to levels that it was ten years previously. So, that's my -- my scary cautionary story. Big scary time. It's just a word of caution as we go forward that seemingly stable revenue sources can switch to unstable revenue sources. So, I'm not -- we talked about this last time. I'm not going to go through the levy rate. I just will go through one -- just one example -- remember we talked about the sample of six that we have been following for a long time and it was interesting this year how much in different geographic areas the market value changed. So, some areas had increases of percent in market value, some places had a loss of three percent, for an average five percent gain. So, in conclusion, I think we have done an excellent job, even though I might be very conservative, but I think the way we manage the base and tried to let that stable revenue grow ahead of us, has served us well and I think we will do well in the future and I know you're excited to work with the capital improvement plan. So, before Todd -- Todd is going to do the rest of the presentation and the details, does anyone have any questions for me? De Weerd: Council, any questions? Bird: I have none. Kilchenmann: Okay. Thank you. Bird: Thanks, Stace. De Weerd: Thank you. Hi, Todd. Lavoie: Hello, Madam Mayor, Members of the Council. Good evening. As Stacy mentioned, I will be presenting to you the 2015 budget amended and the 2016 budget that we have been working on for the last nine months. De Weerd: I guess you're Mr. Todd now; right? Lavoie: I guess the rumor is true, yes, Mayor. Yes. De Weerd: Congratulations. Lavoie: Thank you very much. So, on that note we will jump right into 2015 amended budget and I'm going to kind go over the total budget, then, we are going to talk about the Meridian City Council September 1, 2015 Page 10 of 38 governmental funds, the General Fund, all the summary requests that are presented to you over the last nine months and we will talk about the Capital Improvement Fund and, then, we will jump into the Enterprise Fund and talk about the request that is represented to you through the first nine months of the year and, then, I will stand for any questions and at the end we will approve the dollar amount for 2015. So, with that we have a total request for 2015 of 87,132. Again, that includes all the requests that were submitted to you through the last nine months. We have a few graphs here that kind of show you different perspectives on how the budget is distributed. Quickly you can see that personnel represents 41 percent of the entire city. Operating represents 21 percent. You can see that on the pie chart. On the mathematical chart to the right you will see that personnel and operating increased 2.25 percent and capital increased 9.58 percent throughout the fiscal year and that was a direct result of the requests submitted to you over the last nine months. Overall you can see at the very bottom we went down 7.02 percent for the whole city budget for 2015. So, now we will go ahead and kind of bring up some of the major items that make up that amended item. Again, the governmental funds, they were down 2.39 percent and personnel, as we spoke, went up a little bit. Capital went up a little bit. You had two or three amendments presented t o you throughout the nine months for a total of negative 1.8 loss -- reduction. Now, a majority of that is due to some accounting adjustments. You can see two million reduction, that's accounting adjustments. So, if we go straight to the amendments that were presented to you, you approved 267,000 dollars worth of amendments listed as is, with a couple of large items as presented. So, again, this is just another mathematical approach of looking at the governmental budget itself. Again, we increased personnel operating 2.19, capital 6.31. Overall budget for governmental funds went down 2.39 as explained on the previous slide. The slide is pretty easy. We have zero amendments for the Capital Improvement Fund, so you started off with 1.2 million, you ended up with 1.2 million. Enterprise Fund. Enterprise Fund is down 12.18 percent. Again, with personnel going up 2.39 and capital up 10.3. Again, you had 11 amendments presented to you throughout the nine months. A large number was associated to the accounting adjustment I do for a reduction of seven million. Other than that, the amendments that were presented to you and approved, you approved 1.67 million dollars with the major items listed below. And just another graphical approach, what it looks like. Again, personnel up 2.3, capital 10.3, overall reduction 12.18. So, again, I'm going through it pretty quick. You have seen this throughout the fiscal year. With that I'd stand for any questions or the departments can help out if you have any questions for 2015 amended budget. De Weerd: Council, any questions? Bird: I have none. Lavoie: So, with that I believe the next step -- if Bill can just confirm with me that the Council adopt the official number for ordinance presentation next week? Nary: Yes. Lavoie: The number is available to you on your screen. Meridian City Council September 1, 2015 Page 11 of 38 De Weerd: Okay. Thank you, Todd. This is a public hearing, so I will ask at this time if there is any member of our public who would like to offer testimony on this item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing none, I move we close the public hearing on FY-15 amended budget. Milam: Second. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 6-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Okay. Item 6-B is a public hearing on fiscal year '16 budget. Bird: We don't have to pass the amended -- De Weerd: Yes, you do. Thank you. Rountree: Madam Mayor? I move that we approve the fiscal year 2015 amended budget in the amount of 87,132,934 dollars. And let the ordinance reflect that this budget amendment is actually 6,574,295 dollars less than the budget that was approved for FY-2008. Great job. Bird: Second. De Weerd: I have a motion and a second to move this item forward. Any discussion? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing for FY16 Budget in the Amount of $97,870,219.00 Meridian City Council September 1, 2015 Page 12 of 38 De Weerd: Okay. Well, I have already opened the public hearing on this next item, so I'm just efficient that way. So, Todd -- Lavoie: 2016. De Weerd: It's all in your -- Lavoie: Thank you, Madam Mayor, Members of the Council. Here is fiscal year 2016's budget that we have been working on since January. The total budget, as you can see, is a little over 97.8 million dollars. W e will go through the total city budget, kind of overview of the General Fund total budget, with some requests. Then we will do the same thing with the Enterprise Fund, again, I will stand for any questions and, then, at the end we will adopt the final number for Council. So, the nine months has past and we have 97.87 million dollars for the total city budget, with -- as you can see on the pie chart -- 37 percent representing personnel, 16 million -- a little over 16 million operating. Capital, if you can find the capital and the capital carry forward represents 43 percent of the budget. So, just a graphical display of the 97 million will be spread for the city. So, we will dive straight into the General Fund or the government funds. The total for the government fund is 48.7 million. So, the total budget, if you compared this fiscal year 2016 to the budget that we just approved a few minute ago, you're up 842,000 or two percent, compared against the final 2015 budget. Personnel is up five percent and you can see the number just -- if you follow them, the capital is up a little over 4.3 million. The graph to the right just shows you the total General Fund proposed budget history. So, the same moment in time every August year over year over year, distributed by function. Another approach to looking at the General Fund of 48.7 million. You can see that public safety makes up 64 percent of the total budget. You can see that Parks and Rec makes up about 28 percent of the budget and within that budget we are requesting 3.7 million dollars in impact fees to pay for the capital projects. Community Development makes up six percent, as you can see on the graph to the left, and the total administration division makes up about 12 percent or 5.9 million dollars. Just want to bring up three points. We did approve during our discussions that we would use 2.1 million -- a little over 2.1 million dollars in fund balance out of the General Fund. We would also use 1.7 million out of the impact fund balance. There also -- it was requested that we would send 353,986 dollars to the public safety fund to increase that fund. So, again, just wanted to bring up those points that we did have those discussions and they are reflected in your fiscal year 2016 budget. This is just a summary of the request that you guys have seen and approved. The general government, also known as the administration division, requested a little over 443,000 dollars in requests, with the majority of it sitting in the enhancement section and the replacements at 113. Your Parks and Recs Division requested a little over 6.1 million dollars, with the majority of their requests sitting in the enhancement section. Again, we spoke about the impact fee eligible projects of 2.1 million and, then, the replacements they requested of 417. The Fire Department requested about 739,000 dollars, with the majority of their requests residing in the new fire truck replacement and the Police Department requested a little over a million dollars, which was split 50 -- almost 50-50. Enhancements, 594 and replacements at 465. Again, these are all the items that were presented to you during the workshops that we have had over the last few months. So, Meridian City Council September 1, 2015 Page 13 of 38 now we are going to shift gears into the Enterprise Fund. Again, just a quick summary of what we have done over the last nine months . The Enterprise Fund is requesting a little over 49 million dollars. Total budget is up about 25 percent over the budget that we just approved a few minutes ago, fiscal '15 two thousand -- the 2015 amended budget. So, they are up a little. Almost ten million. Personnel is up five percent. Again, you can follow the numbers with carry forward and capital accordingly. Again, the graph on the right shows you the same moment in time. August to August to August base -- the budget's presented to you on the graph to the right. Again, same kind of viewpoint that we did with the General Fund. Wastewater makes up 50 percent -- 57 percent of their entire budget, about 28 million dollars. Twenty-one of the twenty-eight million dollars is actually capital. The Water Department makes up 24 percent of the total budget. Public Works and engineering makes up 16 percent or about eight million dollars and the utility billing function makes up three percent or about 1.5 percent -- or 1.5 million dollars of the entire budget. So, in summary, what was presented to you over the last number of months -- wastewater is requesting about 15 million dollars in requests, with 15 million in enhancements and just a few dollars in replacements. The Water Division is requesting almost four million dollars, with the majority of their requests enhancements as well and, then, the Public Works, utility billing division, is requesting a little over a hundred thousand dollars, with the majority of their cost in the enhancement section as well . With that that's a summary of what we have done in nine months and I stand for any questions on the presentation. De Weerd: Thank you, Todd. Council, any questions? Bird: I have none. Thanks, Todd. De Weerd: Thank you, Todd. This is a public hearing. Is there anyone who would like to provide comment on this item? Rountree: Seeing none, Madam Mayor, I move that we close the public hearing on the fiscal year 2016 budget. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 6-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve for the ordinance the budget and the content of the corresponding line itemized budget book in the total amount of 97,870,219 dollars. Meridian City Council September 1, 2015 Page 14 of 38 Bird: Second. De Weerd: I have a motion and a second to approve Item 8-B and move that forward to ordinance. Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: That's cute. I think that our thanks is really to the Finance Department and the months of preparation. It was a much better process this year with the two workshops and appreciate all of the Council Members for participating and our line item by line item budget meetings, meeting with your department that you are liaison to and discussing the enhancements as they were looking at those and considering them and for the entire efforts to vet it out, make sure that we had a list of needs, not wants, and look forward to, again, next year's budget process when we just keep making it better and giving our Council better information to make the kind of decisions you need to make. So, thank you all for being diligent on this. Lavoie: Thank you. De Weerd: Todd, we thank you. I always enjoy the good cop, bad cop role that we play and I'm not saying who plays what. Anything further from -- Todd, or from Stacy? Kilchenmann: No, Madam Mayor, I just want to thank everyone. It's -- I think it was a very intensive process, but a productive process, and Todd says we are done until February. Kind of make that Novemberish, Octoberish, until we work on the Capital Improvement Plan. But that will be fun and a little different, so -- Lavoie: I just want to say, Madam Mayor, thank you for all the time and help by the Council Members to put this together and, again, it takes everybody to put 97 million dollars together and so I appreciate -- just want to say I appreciate everybody's time on this. So, we will see you in November or February. Item 7: Items Moved From Consent Agenda De Weerd: Thank you, Todd. Okay. Item 7, there were no items moved from the Consent Agenda. Item 8: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update Meridian City Council September 1, 2015 Page 15 of 38 De Weerd: So, we will move into Item 8-A, which was requested to be removed. I will tell you that last night we had our parent and student orientation. We held it this year in two sessions, one that started at 6:00 and the second meeting that started at 7:30, because at school registration we had over 400 kids indicate an interest in MYAC. So, we had -- we added seats to this room. Both sessions were pretty full. We had over 170 kids sign up and so it's -- it's being launched as it's going to be a big year and I will tell you what, our executive council kicked it off and they were amazing. This is going to be an awesome year. You are going to be so impressed and bowled over by the officers this year. You think the years prior were good, just you wait. So you got an update anyway. Item 9: Continued Action Items A. FP 15-028 Isola Creek No. 3 by Isola Creek, LLC Located East of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of Twenty-Five (25) Single-Family Residential Building Lots and Two (2) Common Lots on Approximately 9.85 Acres of Land in an R-4 Zoning District De Weerd: Item 9-A under continued action items, we have final plat 15-028. I will ask for Caleb's comments. Hood: Thank you, Madam Mayor. Becky McCabe, the applicant's representative, was here earlier this evening, but did not want to sit through the budget stuff, so I said I can go ahead and cover it. De Weerd: Oh, geez. I think we shouldn't approve because of that. Hood: So, hopefully, there aren't any questions this evening, but before you is a 9.85 acre, 25 building lots, two common lot final plat. The property is zoned R-4 and located east of North Ten Mile Road and north of West Ustick Road. It is a third phase of development for Isola Creek. The final plat is in conformance with city code and the applicant has given concurrence it is in agreement with the staff report and it would have been on the Consent Agenda, but we received it on Friday, instead of the deadline on Thursday. So, there is what the preliminary plat looks like and here is the phase -- the third phase of Isola Creek. So, with that presentation I will stand for any questions you may have. De Weerd: Thank you, Caleb. Council, any questions? Bird: I have none. De Weerd: Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council September 1, 2015 Page 16 of 38 Milam: I move that we close the public hearing on -- oh, this is not a public hearing, is it. Bird: Approve. Milam: Approve FP 15-028 with all staff comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 9 -A. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Continued Department A. Mayor’s Office: Communication Update De Weerd: Okay. Council, under nine -- oh, I mean -- sorry. 10-A we have our communications update and as Kaycee is getting that loaded I will ask her to come on up to the podium. Emery: Hi, Madam Mayor, Members of Council. Thanks for having me here tonight. So, we are excited to give you two really exciting communication updates, the website update and the Welcome to Meridian project. So, first -- oh, I have got to use the pen. The website -- the new look -- see it there. It launches tomorrow, Wednesday, September 2nd. The end users won't -- so, our residents won't notice the transition, but it will be transitioning from 12:30 to 1:30, so by tomorrow afternoon you will see the new look. So, it's all very, very, very exciting. There has been a lot of work that has gone into this. Just for an overview, you can see here there is a shot of the new Parks and Recreation home page, a new shot of our hot list where we have added the This Week in Meridian video next to the hot list. On all of our pages we also include a top request and that just shows you we just found the sites that were most often visited on our page and that's go ing to be on the bottom of every page, except for the home page. Just -- we are trying to make it very easy for people to find pages that they go to frequently and, then, you can see the connect with Meridian. We just want to make it very easy for people to connect with us, whether it's via e-mail, Access, Tweet, NextDoor or social media. So, the design upgrade will make this site more user and mobile friendly. Departments will still maintain their own pages via Actron and Actron is our CMS, so that's the backside of the website. So, they are still all going to maintain their own pages, but we have established style guidelines, because we want it to be more seamless across the website, we want the pages to look Meridian City Council September 1, 2015 Page 17 of 38 more similar than they do right now, so the style guidelines have been put into place. We have been holding training sessions and those are in progress right now to update departments on those guidelines and just to show them how to maybe clean up some old HTML if that's happened, so we just want to make it look really nice. So, I do want to recognize some folks on this, because I have had a lot of help on this project, it has not just been me. There was a committee representing numerous departments that helped with the site mapping that was when we were deciding how we wanted to reorganize everything to make it really user friendly, so that anybody who comes to our site can find what they are looking for and there also is the search tab there if they need to search something. And, then, in our IT Department Mike Tanner and Nick Phares -- did I say his last name correctly? Phares. Okay. Mike and Nick have been huge in this in helping us get it going and they are the reason that we are able to launch it on September 2nd. So, that's really exciting. And, then, in the city clerk's office Jacy Jones has been huge as well. We really appreciate her efforts. And, then, we have also looked to the IT intern Logan Adams. So, he's been a big help in putting together a lot of these main pages for us. So, what we have done is we have taken the main pages that people have visited, made sure that the templates transferred over. There are some more internal pages that departments will go in and beautify, but it's all going to look fantastic. So, tomorrow we are considering it a soft launch, because in my eyes there is still work to be done. In fact, today I was just telling Robert that this is just a work in progress. I will constantly now -- and I have learned a lot, so now I even know how to better update the pages that I manage, so I'm thinking that will happen with a lot of the departments as they go to these training sessions. So, I think all in all it's going to be fantastic moving forward. Before I go onto the next one are there any questions about the website? De Weerd: No. Just to reiterate how Mike and Nick really stepped up and they are rock stars and -- and Kaycee. She has learned how to write HTML or whatever those things are and it's been a learning process and just remember that you get what you pay for and so next time you see a website update you will see a different price tag on it. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I have a question, Kaycee. On the top request, is that something that changes or updates every so often or are those just -- are they there, are they really just -- are they top requests that would change if something else became a top request? Emery: Madam Mayor, Councilwoman Genesis -- or I say Milam; right? How do I say that? Milam: Whatever you want to say. Milam. Emery: Milam. I always feel like Milan, Italy. I'm still learning; right? I will get really good at this. Anyway. So, the top request -- those are set right now, but I will be changing those based on the Google analyletics we get back, just because we want to make sure Meridian City Council September 1, 2015 Page 18 of 38 that the top pages that people are going to we are showing, so I'm going to keep those updated. Milam: Thank you. Emery: Yeah. Automatically would be really nice at some point. De Weerd: I will tell you that the company we worked with has a great vision for the website and did an awesome job as well. Emery: And a local Meridian technology company a s well. So -- all right. Okay. The Welcome to Meridian project. So, this past week we successfully completed the Welcome to Meridian pilot project. The project was initiated back in December as a way to reach out to new residents and educate them about the city services available to them. We sent out nearly 500 thumb drives, like the one pictured there to local residents, along with a welcome note from the Mayor, and the thumb drive included the following files -- we put together a brand new Welcome to Meridian video, which we will show you in just a few minutes. And we also included on there additional helpful videos, the MYAC overview, the environmental division's video, Meridian drinking water, solid waste and recycling program and the wastewater utility videos and the economic development video. We also included some helpful information files on there. The 2014 annual report. Connect With Us brochure of Meridian. Do The Right flyer. Parks and Rec fall activity guide and upcoming connection events flyer. So, we were really excited about this project. We also encouraged feedback from recipients urging them to send comments to communications at meridiancity.org regarding the program. The new welcome -- excuse me -- the new Welcome to Meridian video will be live on the city's website as of tomorrow when the new one launches and it's also on the city's YouTube page. Once we gather feedback regarding our pilot we will determine next steps, which could include a long term welcome to Meridian process in sending out either a thumb drive or we could -- if there is a way to reach new residents via e-mail that's an option to look into, but we just have a few options we can look into on this. So, before I take any questions I will let you guys see the brand new video Welcome to Meridian. Can you guys see it? Oh. Right there. Yeah. (Video played.) Emery: Any questions? All right. Thank for letting me update your guys with this all tonight. Have a good night. B. Community Development: U.S. 20/26 (Chinden Boulevard) - Corridor Study, Truck Traffic and Improvements Update C. Community Development: Review Initial Draft of the Ada County Highway District (ACHD) FY2016-2020 Integrated Five-Year Work Plan Meridian City Council September 1, 2015 Page 19 of 38 D. Community Development: Community Development: Transportation Projects Update – Discuss Transportation Related Studies, Projects and Programs Including: ACHD’s Vacation Policy and Various Construction Project Updates De Weerd: Thank you, Kaycee. Okay. Item 10-B is under our Community Development Department. Hood: Sorry, Madam Mayor, Members of the Council, I was so entrenched with the video that I forgot to prepare for my item. I'm ready, though. We are going to talk all things transportation in the next few items, so I hope you're prepared for that. The first one that I'm going to talk to you tonight is actually -- there is multiple topics -- sub topics under U.S. 20-26. They are listed there on your agenda. The first -- the first part of that is something new to probably most of you, just an announcement, really, unless there is other direction given. But ITD has received a request from a trucking company to increase the weight limit allowed on Chinden, as well as State Highway 16, State Street, the connector, Front, Myrtle, and Broadway up to I-84. So, kind of making that loop with a new section of 16, using Chinden into Boise and, then, Broadway out. To go from the current maximum weight of 105,500 pounds, up to 129,000 pounds or ten axles. So, a public comment period is currently open. There was a public meeting on the 25th, last week, and -- but they will be receiving comments through September 10th. So, again, if you have any comments you want to provide as individuals or if there are directions for me to provide there we can. I'd like put a pin in that for just for second and come back to that if we need to, because it's kind 1-B related to that, it has to do with truck traffic and on August 3rd the Meridian Transportation Commission discussed the increased truck traffic volumes on Ten Mile Road. In that same stretch, basically, from Chinden to I-84. This is something we have been talking about for years now and anticipated with ITD going from instead of it completing State Highway 16 all the way from State Highway 44 to I-84, to phase the project and have it T currently into 20-26, that natural corridor, then, for not just truck traffic, but for through traffic, we are going to be Ten Mile and/or Black Cat. But with Ten Mile particularly because of the interchange. So, we discussed, again -- like I said -- I guess last month now -- on August 3rd -- the potential to designate a truck route in northwest Meridian. Staff has received some concerns and some complaints about the increase in truck traffic and during that discussion -- just to kind of paraphrase it a little bit, the transportation commission struggled a little bit to understand what the issues really were, aside from, okay, more -- more trucks or more cars, what's the problem, is it a capacity issue, it is a safety issue and, then, also to understand what the potential solution or solutions may entail. We did discuss things -- potential solutions to this -- again problem that -- that I didn't do probably a very good job of explaining to them, because I don't fully understand the issue, but signage and signing the truck corridor if we went that way. Enforcement and what an appropriate alternative corridor might be. Well, we have all discussed it at a pretty high level by the Commission. Some of the Commissioners didn't really have an interest in pursuing that topic any further. Others wanted some more details. At the end of that meeting the transportation commission asked me to invite the Idaho Trucking Association to our meeting, which is the 14th of September due to the Labor Day holiday next money. We typically meet the first Monday. And I did send an e- Meridian City Council September 1, 2015 Page 20 of 38 mail to Julie Pipal earlier this week or late last week, I can't remember which now -- inviting her or someone else from ITD to attend that meeting. So, that's kind of the first thing under the agenda item of 20-26, Chinden Boulevard, that I kind of wanted to just , again, provide you update on. If there is more discussion on the truck route and/or the weight limits there I would certainly take any comments if you want to provide comments back to the state on where we stand on -- particularly the weight limits. If it's the truck route, then, you will work with ACHD and the transportation commission and all that, but those are -- that's kind of the first topic, so I will stop taking now. De Weerd: Okay. Council, comments? I guess as we look at increasing the weight limit and recommendation on 20-26, I would question whether that's -- that's wise until the improvements on 20-26 are done. Right now it's over capacity. It's a parking lot a couple of times a day, if not more often, and adding larger trucks and heavier loads on an already overcapacity roadway I -- that would be my concern and my question. Hood: Would you like me to make that comment to the state, again, through their -- they have a commenting period currently open, but certainly I can -- it's something I can move forward on or write a letter. De Weerd: I just think we can't miss the opportunity to continue to bring focus on that area, that's in long-time need over -- over time -- or long past time or past due -- gosh, I can't wait until this post-concussion time is over. But it really needs to -- to get some priority in terms of funding and widening and it doesn't have to be to the full build out that they recently had public comment on, it -- it needs to be widened to two lanes going each way and a turn lane. Hood: Okay. De Weerd: And intersection improvements. Any other comments from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, run through their scenario of roadways they want to increase that. Hood: Yeah. So, it is -- I will read it from their -- considering increasing the maximum truck load from 105,500 pounds to 129,000 pounds on the new stretch of Highway 16 from State Street to Chinden and continuing on U.S. 20-26 as it travels across the valley at Chinden, the connector, through downtown on Myrtle and Front Streets and up Broadway to Interstate 84. So, that's the route that this request had been made. It's not just 20-26, but all of those roadways that make that route and -- Rountree: So, what's the state proposing in terms of enforcement of one -- 26 coming down 16. They are going to go down Ten Mile to get on the interstate -- or cross the interstate. At this point they can't run on the interstate, unless they have opened up the Meridian City Council September 1, 2015 Page 21 of 38 interstate to that limit, which I don't think they can. It's still 105. To me they are opening up a real mess for ACHD -- and Justin's here. I don't know where ACHD is, but I don't know they are going to keep those vehicles out of town and out of the local network. The state's already running state traffic through Meridian on Ten Mile connecting 16 to the interstate. In my mind that ought to be a state highway. They ought to be maintaining it and operating it, but they are not. I just -- and what are they hauling? Hood: Yeah. I can -- Rountree: They have got those routes for farm to market and they have got some of those routes for mining activities, but -- Hood: Some of that I can answer a little bit more than the first part of your question or questions there at the beginning. Although it wouldn't be limited to these products, but lumber, steel, grain, and fertilizer are some of the products they envision wanting to have some heavier loads of. Rountree: I mean I would just object because of the impact on the local infrastructure. And I'm not sure 26 is -- 20-26 is built to accommodate that and they don't any money to take care of it now, where are they going to get the money to fix it when the trucks tear it up more? Which goes along with what the Mayor was saying. Get it fixed and, then, think about it. De Weerd: So, Council -- Hood: And, Madam Mayor, I'm going to circle back here, but, again, there is kind of three topics and they all really could potentially go in a letter, so I don't know -- we will talk about the comments -- I'm taking notes. We will see if it's appropriate to do one, two or three letters, if so be it. I have got some notes potentially there for part of a letter or all of a letter if you want that to be a stand-alone thought. But these all do kind of tie in with each other. So, maybe I will keep going through the rest of the presentation or we can have a discussion at the end about what multiple letters look like or a single letter or a combination of -- Rountree: Madam Mayor, if ACHD has a position on this I would like to hear it, because I think I -- if it's something that we can support we ought to support it. If you don't mind. De Weerd: No. Justin? Lucas: Madam Mayor, Members of the Council. Justin Lucas representing Ada County Highway District, 3775 Adams Street, Garden City, Idaho. To my knowledge ACHD has not taken official position on the weight increase on the state system. We -- COMPASS right now is in the beginnings of a freight study that we are hoping to get some good information out of and how that relates to Ada County. The data on truck traffic is not very good. We don't have a lot of -- because have to -- the counting and the procedures it takes to get good data on trucks is pretty intensive. So, ACHD has been reluctant to Meridian City Council September 1, 2015 Page 22 of 38 spend that money, hoping that the state, which is where most of the truck traffic should be, would take care of that. So, I don't know of an official position. I will send an e-mail to the director when I get back tomorrow and ask and see if we have -- we have a liaison directly with ITD on items like this, so I'm not sure if we have -- if our commission has taken an official position or if this is something we are talking about at the staff level. So, I don't know if that exactly answers your question, but -- Rountree: But you reminded me of something and that's the truck study that -- the freight study that's going on. Lucas: Correct. Rountree: In my mind that ought to be done before the state even considers this. Lucas: And that may be a good approach. De Weerd: The cart before the horse. Mr. Zaremba, did you have something? Zaremba: Just a comment. The heavier vehicles, of course, are -- take a long distance to stop. Putting them on the local road does have an element of danger to the people in small cars. My hope would be that instead of creating truck routes through the cities, ITD would try and finish Highway 16 and keep the trucks there. De Weerd: Thank you, Justin. Lucas: Thank you. De Weerd: Okay. Caleb. Hood: So, the second part -- and, again, this is all related to the Chinden corridor. On June 25th the Mayor and Council were invited to an open house at the Ambrose School. Most of you all were there. There were 150 people, approximately, that attended the open house there that ITD hosted. There were about 120 that signed in. We got comments this week from ITD summarizing that. I didn't count them. There is a 22 page summary available and I didn't print that off for you. You can thank me later. But about 50-50 in support and opposition to the corridor study that we discussed with ITD and I talked to you about before. During that open house -- and even since I haven't really heard any opposition, although to be fair I haven't heard any real, quote, unquote, support for what we heard at that open house either and so ITD went ahead and summarized what they heard from you all at that meeting. I shared that with the Council President and the Mayor and said does this look like it accurately captured our comments. I heard the affirmative with one addition -- and this is a big one and I told ITD that, I said, yes, that generally summarizes our discussion, but ITD needs to begin programming and improving the corridor as soon as possible, both a short-term and long-term phasing plan for widening the travel and the intersections along this corridor should be developed and a funding source or sources of identified right of way. So, again, that's some of what we just talked Meridian City Council September 1, 2015 Page 23 of 38 about a little bit. So, I guess I wanted to explore with you a little bit sending a follow-up correspondence to ITD summarizing the city's official position. I think they have fairly well summarized our -- what they heard from us at that meeting. Letter could include that, you know, our number one priority for this corridor is those capacity improvements we just talked about, but I want to just check in and see if there is any other points or concerns that maybe should be brought to ITD's attention that aren't addressed in the July 10th summary. As you may recall, before that and during that meeting I pointed out the continuous flow intersections that are considered a full and a partial. Some other communities -- Eagle, to name one -- is not overly supportive of that. If you would like I can list -- they listed a few reasons why they don't support the corridor study and in particular the CFI there at Linder. It hinges primarily on access to the Eagle Island marketplace, the Fred Meyer complex. There are some other reasons. They questioned demographics and some remodeling and questioned whether they have exhausted all other designs for intersections. I'm paraphrasing the letter, so, again, if you want to read it or want me to go through it I can. Ada County and ACHD also sent letters -- the county -- the board sent a letter to ITD. It was very brief, so I can probably just read you their paragraph. It's says: Ada County support for limited access points on U.S. 20-26 to keep it functioning as a high speed corridor with mobility as a priority. However, further consideration should be given to existing property owners who have businesses that take access from U.S. 20-26. ITD should consider ways to mitigate any negative impact that might be associated with limited access to existing businesses. Thank you for the opportunity to comment. So, they, too, shared a concern, although they didn't -- certainly didn't go as far as Eagle did. Eagle's letter is three or four pages about access, but they had a concern anyways -- or at least ask them to further consider that. And, then, Terry Little from ACHD -- I didn't see -- I mean it's an official comment from ACHD, but I didn't -- there is no official comment from the commissioners at ACHD. I will pull some specific sentences out of the letter that Terry Little sent. ACHD has long been supportive of the improvements for U.S. 20-26 west of Eagle Road and would like to see additional capacity improvements in the very near future, even before a quarter plan could be expected to be begin to be implemented. So, ACHD has one major concern that has not been satisfactorily addressed. The concern is the access to the properties at the intersection of U.S. 20-26 and Linder Road and it goes on: ACHD would like to see a plan that shows traffic signals on Linder within a quarter mile north and south of U.S. 20 -26 and an analysis that show that these signals will function adequately with the CFI operating with design year forecasts. It's not -- there is just some more analysis needing to be done as far as -- you know, from Terry Little, he's the traffic services manager there at ACHD, from his standpoint. So, I have shared with you kind of what other jurisdictions, agencies are at and, then, I will ask again does the summary that you have in front of you that was handed out by Madam Clerk -- thank you, Jaycee. Does that adequately express that -- did ITD summarize our comments or do we want to summarize our own comments and send something to ITD? So, that's kind in part two of my question for you this evening. Oh, I should mention while you ponder that, we have at least two that I know of. The Fred Meyers did actually send a correspondence to the Mayor's office -- pardon me -- asking for us to help them work on ITD and their concern for access and I don't know exactly how I responded back, but something to the effect of you're in Eagle and, then, we also hear from Renny Wiley, who is on our side of that on the southwest corner. So, I am p lanning Meridian City Council September 1, 2015 Page 24 of 38 to respond to Renny. I don't have his correspondence in front of me, but he, essentially, has some of the similar concerns, although certainly not at the scale of the northeast corner, but he is -- that is under construction now and would be impacted, as well as his project, so I just wanted to also mention we have correspondence from those two entities as well. De Weerd: I feel like you need to elaborate. Hood: Sorry, that was not a very good summary, probably, but -- De Weerd: But it probably was a good summary. I think those that have been on this Council know what we tried to do years ago in bringing the four properties to the table to come up with a solution that might have helped prevent some of this. We had already seen from the COMPASS numbers that that is going to be a major intersection and all four corners should be working together and not one property should be impacted more than another. That is why we had some concern when the Fred Meyer project did move forward without participating. The other three corners did say they would come to the table and that was the remaining property that wouldn't come to the table. So, I didn't mean to sound unsympathetic, but we did try to get people to the table to avoid what they are suggesting now and that would be the concern along that whole corridor with every intersection, that those impacted properties should be part of the solution and the dialogue and I think in most part they have been, but the traffic is going to just increase in that area, particular the Linder and Chinden corridor with the developments going on in that area. So, a solution is needed sooner rather than later on that intersection. Hood: So, can you kind of ponder that if we are thinking about sending a letter to ACHD -- or ITD, excuse me, if that's going to be part of it or a stand alone letter on the corridor study itself or if we want to just go with their summary of our comments with the one addition for -- really it's about capacity and keep beating the capacity drum or if we want to get into the engineering and the -- all the stuff that goes into the design and really question some of that. We certainly can. De Weerd: Capacity. Hood: So -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't know how you would articulate it, but if there is an argument to be made that -- that Eagle or Fred Meyers is making with regards to the impact of this project on commercial development and it's a valid argument and it seems that we would want to support and put forth those arguments just as well, regardless of the fact that it's coming from Eagle doesn't seem to negate the validity of -- of joining in that -- in that concern. Meridian City Council September 1, 2015 Page 25 of 38 De Weerd: Well, I guess I would just point out that what they are suggesti ng is the other three corners should bear the impact, not them, and I take exception with that and that was our concern going into the approval -- the entitlement approval of that development to begin with. They totally threw the other three corners under the bus. That's just my opinion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: You actually have stated that very gently. Bird: Yeah. Nicer than I would. Zaremba: The City of Eagle and Fred Meyer had no desire to consider the future needs of that intersection and got plenty of input from our development department and from the Council and the Mayor and we attended county meetings, we attended I believe city meetings, at least sent them information, saying that this day would come and I will have to admit I don't have much sympathy for the plight that they find themselves in and I don't think ITD needs to bend over backwards to make it easy for that corner when they had no intention of considering the consequences of putting all those accesses on that piece of property. De Weerd: You said it nicer. Hood: Okay. And just one more point as we transition out of the corridor study section of this agenda item. Later this month on the 28th from 4:00 to 5:30 we are going to have our initial kick off meeting for a 20-26 task force. So, similar to the Meridian Road interchange task force we have got a list of names -- I didn't count them, but there are somewhere in the neighborhood of 20 to 25 I think potential folks that serve on this thing. I don't think we will probably get that many, but from all walks of life and interest to really help us -- again back to capacity -- identifying funding sources, start to really lobby for improvements to -- to Chinden. So, again, that's coming up later this month and this one segues into the third -- the third part. I have recently heard -- in fact, I heard it a couple few months ago and, then, I heard it again just a couple weeks ago, but I finally talked to somebody at ITD and got some confirmation that they are working on preliminary design for Chinden between Locust Grove and Eagle, including the intersection at Locust Grove. This project was one of the District Three's strategic initiative applications from early this year. They ran that project through the model and it scored very well. That's -- there is some safety money right now in the TIF, about 50,000 dollars I think, but this would be a full rebuild -- a five lane roadway -- I didn't hear the exact intersection configuration, but probably it's five by seven -- I don't know what the northern leg is going to look like, but maybe be a seven -- seven by seven by three by seven. I don't know exactly what it's going to look like. But, anyway, they will build that intersection -- widen that intersection. This isn't the same intersection, the partial CFI considered that we just talked about in the corridor study. This is sort of a long term interim. It's the step that, then, makes it easier to widen it in the Meridian City Council September 1, 2015 Page 26 of 38 future, 2040, whatever that -- whenever that the funds occur. But they recognize right now today there is a problem there and we have to do something about it now or in the near future. It wouldn't be constructed right now. Again, they have got to do design, do a TIP amendment, so that one is more kind of just a heads up for you that that's encouraging that at least a mile and that intersection ITD has recognized now that need anyways and will be pursuing a TIP amendment later this year sometime, so -- De Weerd: Mr. Rountree. Rountree: Thank you. Did they indicate when you talked to them what the funding is? The state funding? Hood: Yes. Yes. I think, if you don't mind, I can give you some more details maybe after -- after the meeting on what they are thinking now, because it's not set in stone and there is some sensitivity to -- to other communities that maybe will have some projects that are delayed that haven't been notified yet, so I have been asked not to share that until they get a chance to talk to that community saying, hey, sorry, but we are going over here, so - - Rountree: But I guess my comment is if they are doing that for that section, that's what they ought to be doing on Chinden, not the corridor study and getting everybody in a tizzy about something that in my mind is probably not going to happen in the next 50 years. They need to do something on Chinden all the way through, much like what Caldwell has done on their end, and what the state has done from Eagle into Boise. They need to continue out. Hood: Yes. And I fully agree and -- I mean I almost made a comment when Councilman Zaremba said, you know, the time is now -- Rountree: Yeah. Hood: It's really not. I mean they are going through the environmental approvals for 2040 and, like I said, funding hasn't been identified. This six lane roadway with a 200 foot right of way -- it's not going to happen in the near future. They need to work on things like this and, you know, five lane roadways -- as a planner that hurts me to say that, because you want to plan for out there, but, like I said, this isn't going to happen tomorrow, You can continue to enjoy the access you have now for years and years to come. And I appreciate their comments, too, but it -- so, I mean I think -- to point -- not to disregard the corridor study or not think that through all the way, but I agree, our emphasis from my standpoint should be on these types of improvements continuing back to the west. I know you didn't ask my opinion there, but -- De Weerd: This corridor has been planned for the last decade -- Rountree: Yeah. It's been going on ten years. Meridian City Council September 1, 2015 Page 27 of 38 De Weerd: -- and they keep changing it. I just drove from Caldwell to Greenleaf on seven miles of -- of huge road and we can't get Chinden widened. It blows me away how on earth we can have the most populous part of Idaho and we struggle lighting these important corridors that have definitely an economic impact. Okay. I will get off my -- Hood: So, those are the -- the topics listed to the agenda item and, again, now I need some help kind of either compiling them into one letter or multiple letters or a thought or what -- I have taken notes on all of them, if you want me to give a shot at doing that I can bring that back, or -- maybe we will just start with is there a preference for individual letters on those three sub topics or does it sound like one correspondence to the director and the ITD board? De Weerd: One correspondence I think is good. Rountree: Trying to knit them together. Hood: And I will need to move fairly rapidly on the first part of that -- the comments were due -- are due September 10th. So, that only gives us nine days to get -- get that over to them, which I think is fine if we are going to provide those comments. But it should be plenty of time, I think, but we can't delay too much longer on that one. De Weerd: So, Caleb, if you can have a draft on Friday as we set the agenda for next Tuesday we can put it on the Council agenda for Council's approval -- Hood: Sounds good. De Weerd: -- and signatures. Hood: So, anything before we leave this topic then? On the second part of that -- the corridor study, are there any points besides capacity to be made there? I didn't really hear anything, so I'm -- I will probably address it in the letter, but I didn't know if we wanted to make anymore obvious statements about CFIs or not CFIs or just sort of let that sleeping dog lie and let -- I mean, again, you guys can change it next Tuesday if you would like, but I would like to know a good place to start, but if you have any other comments on what we reviewed -- De Weerd: Councilman Rountree. Rountree: I think the only other comment I would suggest is the comment you made going into this, that they need a -- they need a financial plan to go along with this corridor plan, otherwise, they might as well not finish the corridor plan. Hood: Okay. Thank you. De Weerd: And I guess, Caleb, as was pointed out earlier in the conversation, the full build out of that corridor is decades away. I think it's going to be important to -- at the Meridian City Council September 1, 2015 Page 28 of 38 intersections to identify full build out, so we don't stick any buildings in the way that is going to be cost prohibitive to -- to remove, but -- so let the -- the developments in those areas know that this is not today, it's probably not tomorrow, it's going to be a long way down the road before they need to worry about losing their access and worried about business damage. What we just need to do is minimize the cost at a late time to taxpayers, that they will be buying buildings, because we put it in potential right of way. Hood: Okay. Thank you. Are we going to move on to C then? Is that okay if I just go -- De Weerd: Yes. Please. Hood: Okay. So, the second item, then, is a review of ACHD's 2016 to 2020 integrated five year work plan. This is the initial draft. You should have a memo from myself in your packet on this one. I'm going to pull up the -- starting on the second page. Excuse me. So, these are -- what I'm going to go through -- it's the easiest way to do it. It's not the full program, but it's the changes from the currently adopted, so 2015 to 2019 integrated five year work plan at ACHD. This was released or approved for public consumption on August 12th by the ACHD commission and they are seeking any public comment. Ideally -- maybe I should state this. Ideally the transportation commission would look at this and, then, send any recommended changes or correspondence to the Council for, then, your approval to send onto ACHD, but with ACHD releasing this just after the last transportation commission meeting and they want their comments before Labor Day, I'm not able to get this before the transportation commission before you. So, I will still take this information to the transportation commission, but as far as comments go it's not really going to apply until we get into the final draft for comment for them. So, the calendaring -- we just missed them. So -- anyways. So, let me run through this real quick and I will start with the first thing -- and this is the good list, so you want to be on the new projects list and I'm just going to highlight Meridian projects. This is -- this is county wide, but I will start with this first one in Meridian, Ten Mile, McMillan to Chinden, has -- in the draft five year work plan a construction year of preliminary development, so it's entering the program in PD. Ten Mile -- I will give you the Ten Mile, Cherry to Ustick, update with the next application -- or the next agenda item. Excuse me. And, then, the other mile that would complete it between McMillan and Ustick, will be also in the next sheet here. So, this is new to the program, so that's good news. Again, you want to be on this list and this was our number three priority project this past year when we sent comments to ACHD. The next one on the new projects list is Eagle Road, Amity Road roundabout. This one is entering the program and, again, preliminary development. This is for the dual lane. As you recall two years ago now, three, something like that, that the single lane roundabout was installed, it's entering the program now for construction -- you know, this is year six and seven, roughly, for converting that to a dual lane roundabout. The next one down -- and that one was not on our priority request list. Fairview Avenue and Locust Grove is entering the program in preliminary development. This was our number seven priority project that we sent to ACHD last year. So, that is the first sheet. I'm going to move onto the second page and we will finish off the new projects with Linder Road, Rocky Mountain High School speed zone. This is one that actually -- I have talked to -- the Mayor's office received a phone call and I followed up with over the past couple of weeks a concerned Meridian City Council September 1, 2015 Page 29 of 38 neighbor out there about a speed zone in front of the high school and we will be talking about that in our next transportation commission meeting, but as you can see here ACHD is planning on making this a school zone with flashers and all that in 2020. The concern from -- the concern that I heard from at least this one neighbor was why are we waiting four more years to do that. If there is a problem -- and I don't know that. We will talk about it some more, the reason. I mean money would be my first -- you know, it's about 160,000 dollars is what they got in the program to do those improvements. It's been something that probably should have been done when the school opened. However, ACHD does kind of take high school speed zones on a case-by-case or as-needed basis because of the age of the students, they are expected to act more like adults than little kids that need protection and drivers do, so that's at least -- they start -- their baseline assumption is to not have high schools be in a scho ol zone, but they are not opposed to it either, so -- De Weerd: And I guess, Caleb, our other two high schools do have the -- the flashing lights and -- the slower speeds. Linder is only to get more busy. I do know probably in our police department that is an area that we have had to have a lot of enforcement. We are not just talking the student drivers, we are talking the parents. So, I think there is -- you just need to go and look at it and it's -- it's kind of a disaster waiting to happen. Hood: And I don't know if Justin has anything to add to any of this and I will speculate a little bit here, but they did add -- ACHD did add a HAWK signal out there that I think they thought would help at least draw attention to the amount of pedestrians out there and slow cars down a little bit. I don't know how successful that's been and I don't know if that's the same issue or not, but I know that the crossing and the speed of cars going on Linder, 40, 45, maybe even in excess of that, was a concern out there. So, I know it's an issue. Again -- and it's programmed, it's just the timing and can we -- can we, should we delay something else to get this done sooner is the question I guess or the request for ACHD to consider, so -- De Weerd: Well, I think we just let the transportation commission discuss it and if they have a recommendation bring it back to City Council and maybe that's a future topic when we get together with the commission -- or Ada County Highway District commission to discuss. Hood: And, Madam Mayor, before we move on on that, I think we also have -- so, the initial draft we will have a chance to review and, then, the final draft we will also have an issue. So, if we don't make that a comment now and the transportation commission sends a recommendation forth, ACHD could still kick that around over the next couple of months and potential kick it here and/or do a joint meeting. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council September 1, 2015 Page 30 of 38 Milam: I think anything to do with safety of our children should be a top priority, regardless of their age. I mean you start in high school, they are, what, 13, 14 years old, they are not all driving, they are not all responsible adults and waiting another four years just seems ridiculous to me, so that's my input on that. Hood: Okay. I'm going to move into the advanced projects, so, again, any project listed here is the list you want to be on. This is advancing through the program. The first one we have here is the Eagle Road, Amity to Victory mile, and that is currently in the unfunded section and it advanced into the preliminary development and that was our number 12 priority from earlier this year and, then, if you go two projects down, the Linder Road, Franklin to Pine Avenue, that one advanced from PD to 2019 and one was our number two priority project this year. Just a little point there. Our priority project number two was actually Linder Road, Franklin to Cherry, but most of that is the half mile, roughly, between Pine and Franklin and the railroad crossing. So, that's the biggest part of this mile that we had -- we didn't break it into a half mile request, we broke it to at least Cherry to Franklin and in the program it just goes from Pine to Franklin. But, essentially, it's our number two priority project. And, then, down a few more projects, Meridian Road, Cherry to Ustick, is in PD and it's advancing to 2020. That one was not on our priority list. That will be the five lane section and, then, just north of the intersection at Ustick and Meridian, then, would transition to the three lane roadway and what's currently envisioned there. And, then, down on the next project, Ten Mile Road, Ustick to McMillan, again, unfunded from -- unfunded to PD and that was our number four priority project and, again, with the first one I mentioned that completes the Ten Mile corridor. So, you have got everything from Chinden to Overland completed when that gets built out, but they are all in the program or have recently been improved with Ten Mile, Cherry to Ustick, nearing completion, so -- and that's encouraging. And that one was -- I think I already mentioned, our number four priority project. And, then, the next two projects, Ustick, Linder to Meridian; Ustick, Meridian to Locust Grove, then, also going to include on the next sheet under intersections -- there we go. Ustick and Meridian right here. So, see, they all go from 2018, 2019 to 2016 to 2018. So, all three of those projects advance kind of as a two mile section together up in the program and those were our number ten, our number one, and our number six priority projects as you see them on the screen. So, ten, six and one. So, again, that's encouraging that the Ustick corridor and the Ten Mile corridor, then, are nearing -- I don't want to say completion, because construction hasn't happened yet, but at least they are all in the program or recently been constructed or are under construction. De Weerd: And, Caleb, just to point out that Ten Mile north of McMillan is not fully improved. Hood: Right. De Weerd: So, it doesn't totally complete that. Hood: But the first -- the first project that I mentioned, though, Madam Mayor, is entering the five year work plan. So, that does then -- when this does get constructed from Chinden to Overland you will have all five lane roadways, all the intersections done along Meridian City Council September 1, 2015 Page 31 of 38 the corridor, so -- and, again, that's still out there, it's not going to happen tomorrow or next year even, but at least it's in the program for funding and design, for right of way, and those types of things. So, it's -- it's advancing. They are moving -- it's moving up, so -- sorry if I stated that incorrectly. I just meant that those mile segments are at least in the program. Yes, it's not currently constructed that way. There are two other bridges that are in the advanced -- advancing in the program. I probably won't spend too much time on that, but they correspond with the roadway widening. So, n orth of Fairview and south of Ustick, it corresponds kind of with the widening of Meridian Road that I just mentioned. Delayed projects. So, probably goes without saying, but you really don't want to be on this list and the second project on there is ours. However, this is actually something we asked ACHD last year about this time to kind of pause and consider doing a full project on it and you can see the explanation. So, this is really good news, even though it's on the delayed projects list and if you look at it it really didn't delay much the 2017 part of this project was to do the bridge while irrigation was out in late '17. So, it really has been essentially a 2018 project anyways and we are getting two to three times the project with it. So, it's not just scabbing on sidewalks, it's a full rebuild of the roadway between Meridian and Locust Grove, for the most part. So, it's a better project, with very little down side there. So, thanks to ACHD for -- excuse me -- for really working with us on that new scope and I hate to say thank them for delaying it, but for working with us on the new scope, so -- State Highway 69 -- and this will be a recurring theme here for the next couple of minutes, but there is a couple of roadway intersections on the state facilities that are awaiting partnership with ITD, so this delays this back into unfunded from PD. Justin may want to elaborate on that a little bit more or maybe he doesn't. And, then, before I talk about the other state highway improvements in the program we have three bridge projects that are being delayed. I wasn't planning on talking about them too much, but Black Cat -- there is one on Black Cat, one on McMillan -- no. That wasn't one of them. That one is in our area of impact, but not in Meridian. Pine. But, again, this is to align with the project we just talked about on Pine and -- De Weerd: Eagle Road. Hood: -- McMillan and -- oh, the Eagle Road bridge north of Amity. So, bridges, yeah. Delayed traffic projects. There is one. Cherry Lane, Linder to Meridian Road, lighting improvements. The federal fund shifted on that one, so the program is going to shift for the federal funds to be available for that, so that's a -- excuse me. And, then, community programs projects. Again, we are still under the delayed. Fairview east of 3rd, Locust Grove. You may recall ACHD did the maintenance project early this year, did the curb ramp. The roadway is in a lot better condition than it was earlier this year, but the sidewalk project, which was kind of a companion project, has been delayed to later this year, so -- or, excuse me, to next year. But, then, the sidewalks can be put in on both sides on Fairview for a -- pedestrian facilities on both sides of Fairview Avenue. So, that's not too terribly bad as far as delayed projects. I said press pause on some of the removed projects. I will go down to U.S. 20-26, Chinden, Locust Grove and Meridian. The summary here. I do think that ITD has talked to ACHD about this intersection, again, because of what I recently had the conversation with ITD about rebuilding this intersection in their state local agreements and ACHD's agreement to own and maintain those Meridian City Council September 1, 2015 Page 32 of 38 intersections. I think that dialogue has actually started. So, this may be changing. But Meridian Road -- there is one that is not available. So, that's -- that's -- Ten Mile Road. That one is removed. Low priority project. I'm not quite sure how to interpret -- interpret that, if that was because of our low priority or because of ACHD's low priority. I would think it's probably because of theirs. It wasn't super high on ours, either, but -- and, then, Cherry -- Cherry and Linder. This one I kind of question a little bit on Fairview and Cherry. A lot of the intersections in a recent level of service map on -- on that corridor seemed lower than just me driving the corridor, but it shows up as a level or service C, so if that's the case, then, it probably doesn't need to be reconstructed right now. That may also be an impact because of Ten Mile and I do know that more and more folks are using Ten Mile or Meridian Road and not so much on Linder to go through that intersection. So, it could be -- it could be valid, but that would is being removed. And, then, the final one to remove is -- and don't everyone jump up and down at once, but Fairview Avenue corridor management. This is the first phase in Boise, but the commission has kind of let the Fairview Avenue access management plan -- some of the improvements on there die, at least for now. So, that was -- so that is being removed from the program. That was actually a commission action earlier this year, so -- and, then, finally, to wrap up community programs -- sorry. There is one delayed project. Eagle Road, Falcon Drive to Victory. It's a small segment. They are going to be doing it with in-house forces by the end of 2015. So, it doesn't show up in the program if they are just going to be using in- house sources, so it doesn't go in the program. Where is that one at? Right here. Sorry. They will do it in 2015, if they are going to do in house, so it com es out of program. And, then, finally, two projects that are either -- both, really. Actually complete this week is the Meridian Road, James Court pedestrian signal and Ten Mile, Overland Road, park and ride, the landscaping is finally completed on that early this year, so the projects are completed, so they come out of the program. In summary, excuse me, of the top 15 priority projects we sent to ACHD last year nine of those 15 show up in the integrated five year work plan. Our top seven projects are all in the integrated work -- five year work plan. So, that's -- to me that's encouraging that our top seven projects are in the program, so that's pretty cool. It tells me that we have a pretty good finger on the pulse when you factor in all the engineering and other cost benefit factors at ACHD and our programming, you know, it counts for about that much of the 200 points available, yet, again, seven -- our top seven and nine of the top 15 are there. So, just the six that aren't in -- our number eight priority, Franklin, Black Cat intersection. I'm sorry. That one is in and construction in 2016, 2017. There is just no change to that one. Sorry. That's a federal aid project. The number -- our number nine priority, Locust Grove, Victory to Overland, is not in the five year work plan. It's number 59 on the priority list at ACHD. Our number 13 priority, Ustick, Black Cat is not in the five year work plan, it's been -- it number 77 at ACHD. Our number 14 project, Overland-Linder intersection is not in the five year work plan. It's got a level of service C. And number 15 priority project, Victory-Locust Grove intersection, also not in the five year work plan because of the interim signal, and it's currently functioning at level of service C. So, again, our last three projects and a couple in the middle aren't in, but other than that our top priority projects are here. If you're asking my advice on what I see, this is pretty positive. In the past we have generally sent -- usually sent a letter to ACHD at this point in time. Last year's letter -- I did print it off just to refresh my memory. We commented, basically, essentially, thanking them for the time and effort that goes into Meridian City Council September 1, 2015 Page 33 of 38 this. We did have two comments. One, we asked them to rescope Pine a nd work with us on that, which is happening now, so I think we should probably thank them for that effort. And, then, we had some comments and I would like to read this from you, because I think we could just cut and paste this in the letter for this year . And this is in the middle of a paragraph. It says: While we understand that neither the State Highway 16 extension, nor Chinden Boulevard or ACHD facilities, the impact the State Highway 16 connection will make on the local roadway network need to be addressed. We respectfully request that ACHD keeps some contingency resources potentially to mitigate traffic impacts in north Meridian. The interim intersections ACHD has followed Black Cat -Cherry, Ten Mile- Victory, and Locust Grove-Victor and it worked well and we believe other intersections in north Meridian may be good candidates for this type of treatment as well. This is what's happened recently, so this wouldn't work this year. We are encouraged to see two intersections along Chinden at Meridian and Locust Grove Roads listed in the initial draft of the five year work plan. Those are two that I just showed are removed. So, they went into the program for two years, talked with ITD, and, then, they were coming back out. So, my point here is Chinden and the state facilities and, again, this kind of goes back to our last topic on Chinden and the impact to local roadway network and looking for that partnership and support from ACHD. So, if you would like I can draft up a similar letter, like by Friday, and consider that for approval next week as well on the integrated five year work plan and I will add any other comments you want to give me now on what you just saw or if you want to go through anything else let me know. De Weerd: That's great, Caleb. Any comments from Council? Rountree: No. I think they did a good job responding to our request and I appreciate that. De Weerd: Thank you for that very detailed report. There is a lot of moving parts and pointing out what changed, what didn't change, what improved, what was removed is -- is extremely helpful and, Caleb, I would like to thank you for your advocacy. When you took on the -- the role in Planning and Zoning I -- I was concerned that our transportation advocacy might slip a little. You have managed to juggle all the balls very well and I just want to thank you for that. Hood: I appreciate that, Mayor. I appreciate the last part, but I almost appreciate the first part of your comments more, because I take a lot of flack from staff, because I'm long winded, and I give you a lot of the details, but -- Bird: What? Come on now. Hood: -- but the details -- it's nice to hear some affirmation that you want that detail and I try not to drag on too long and I apologize. You guys wil l go unnamed, but -- De Weerd: I will -- Zaremba: Madam Mayor? Meridian City Council September 1, 2015 Page 34 of 38 De Weerd: -- tell you that transportation impacts all of us. Our quality of life. Our jobs. Public Works oftentimes is responding to changes in that plan and so you staying on top of it allows them to better plan for what they need to do in the roadway when it's torn up, so thank you. Hood: And I do have a lot of help on that front, so, no, thanks to Public Works and all the departments on that front. De Weerd: Thank you. Mr. Zaremba. Zaremba: Madam Mayor, I just wanted to add that I appreciate all the analysis that Caleb does and gives to us. Not me, but apparently some people are commenting that he takes a long time doing it, but his summary I'm sure is far less than the amount of time he actually put into it. So, I know he studies all these details and it is a moving target, it keeps changing, and I appreciate the work that he puts into it and the analysis that he gives. Hood: Thank you. De Weerd: Thank you. Hood: So, Item D, Madam Mayor and Members of the Council, on the agenda is all things transportation, but we really already done most things transportation, so this is just a couple of the other things that didn't fall under those first two topics. The first one was a -- excuse me -- request from the Mayor last week as you all talked about the canopy art that is planned for the intersection at Fairview and Main and the acquisition of that property, the offer from ACHD to give the city that property, because it's surplus and the request was, well, while you're at it, can we have the other two that we recently put Under the Sun and Dreaming and the other remnant parcel as we look at it, can we also have those, because we are maintaining it, we have an investment i n it, it's part of our community, not that ACHD isn't a community partner, but the request was can we also acquire those and the response back from ACHD was they are fundamentally different. What's up there -- parcel 162 is -- is surplus right of way and ACHD does not envision a need for that ever in the future, where split corridor occurs they don't look at that the same way. Part of the roadway, it's surrounded by the roadway and they really don't want to give up that jurisdiction or that authority or the property for what may happen in the future and I know that causes some concern that we don't control our own destiny when we make the types of investments and we maintain them, why can't we own them. But that's -- that's the response we have gotten back from staff is that's -- that's the difference. Surplus. Don't really see a need for and, yeah, it's part of the roadway. It really is in the roadway as part of the roadway and we want to maintain that. De Weerd: So, Caleb, why on earth, then, did they not buy the property -- the remnant property from Tate's Rents that is in the middle of that same -- surrounded by right of way? You have a private piece in the middle of that. Meridian City Council September 1, 2015 Page 35 of 38 Hood: Madam Mayor, I was part of that team. Not at the right of way accusation stage. I don't recall why that one wasn't needed. Maybe because the adjacent property owner is the adjacent property owner and the other ones were -- were -- I hate to use remnant again, but were leftovers from acquiring the needed area to do the project. I don't know if that makes sense. I can't fully answer your question about why they didn't buy the one west of Tate's. De Weerd: I didn't think you could, but I thought I would just ask it anyway, because it's inconsistent with what they are suggesting, so -- Hood: I will just let you know, though, Mayor -- I mean they are out there, it's just not ideal. I mean going forward they don't want to have more and more of those where -- even in subdivisions the splitter islands that are at a lot of our -- the entrances to subdivisions. In the past those used to be common lots, owned and maintained and now ACHD requires that to be part of the roadway and they grant back a license agreement to the subdivision. So, it hasn't historically been that way, but it is a different way of thinking about it. So, I don't know if that helps or not. If you want to continue the dialogue, I mean I can work to set something up either with the director or if we want to do a joint meeting with them to discuss it further or if you want to take it that way, but from the staff level -- De Weerd: I appreciate you doing that. And I would just suggest maybe as we have this ongoing list to jot that down and if -- if and when we get together with the commission we can put that -- Hood: Okay. And, then, the other -- so, the other part of this is I just want to give you a quick update -- is there anything else on that topic? I'm sorry. The ACHD vacation policy and the remnant pieces and that, any other -- De Weerd: Council, anything? Bird: I have none. Hood: So, the second part of that -- there is construction project updates. I just wanted to run through -- since we are coming up on the end of construction season, there are a couple of projects wrapping up. I mentioned the Ten Mile park and ride lot at Overland. The landscape was recently done. The Franklin overlay project, which is Linder to Main, wrapped up last month. And, then, a couple of other projects that are nearing completion, so we talked about this one a little bit, too. Meridian-James Court pedestrian signal will be complete later this week. J-2 is going to have that complete this week. The Victory and Amity bridges are coming up. I don't know if anyone else received a post card from ACHD, but there is two bridge projects that will be happening on Amity and Victory beginning in October through May and they were alternates, so they won't have the detour route be another detour route, they will work on one and detour traffic and, then, switch to the other bridge, but they have got to do that while irrigation water is out, so October-May is their construction for those two bridge projects coming up. Neither one of those are city limits today, but certainly it's in our area of impact and pretty darn close, so just thought I Meridian City Council September 1, 2015 Page 36 of 38 would give you a heads up on those construction projects this fall. Eagle -McMillan and the McMillan to Locust Grove roadway widening -- so, that's a seven by seven intersection, that will be complete this month, too. So, th at project is moving along. Again, the intersection proper is in Boise, but a good chunk of the mile back and certainly the commute in on McMillan there, that intersection is impacted. And, then, Ten Mile, Cherry to Ustick, again we talked about this one. It should be substantially complete by Labor Day, so this next week. And, then, Meridian interchange, just a quick update on that one as well. They still anticipate a Halloween substantially complete deadline or date for that. We did run into a couple of issues recently. The barrier rail that was in the budget presentation as the amendments that was -- I think it was the first project Stacy had listed there this last year that came to you all and there was birds in the -- in mountain, that was manufactured incorrectly from the sub in Utah. They had it all shipped out here on the barrier rail and the brought some people out from Utah and said, yep, we goofed, we put them on backwards -- well, six out of the eight panels were backwards and so they couldn't match it up and so they shipped it all back and are currently working on that, so that delayed the project a little bit, because they manufactured it wrong and affixed it to the barrier on the wrong side of the handrail. So, drilled a whole bunch of holes in this and they got to -- so, yeah. Anyway, that's being -- it's being corrected, but that ran into a little issue there and, then, we are having an issue currently with our welcome sign. We got word earlier this week -- maybe it was late last week. De Weerd: Last week. Hood: Last week. That FHWA isn't so keen on the location of our welcome to Meridian sign. It, essentially, is -- it's the same design you all have seen. It's real similar to the one that's out here by the parking lot on Meridian Road. A little bit larger. But it's right at the ramp A-B, so the eastbound off ramp at Meridian Road there is a splitter, so if you're going to go south on Kuna-Mora you could go -- or south on Meridian, Kuna Highway, go right or if you're going to go downtown you go left on Meridian, that's where -- I mean we are putting it right in the island. We worked all the details with ITD, ITD gave us the thumbs up, they actually said, you know what, your sign is going to get lost out there, you need to make it bigger and so we redesigned it, made it a little bit bigger, and, then, FHWA said we don't like the sign. So, we are trying to work through that. I have got a phone call into FHWA right now to just kind of figure out what we can do, but there is a n issue with the air space permit that's necessary and the CFR. Right now what I'm hearing is they don't like it, because it's a saving point for drivers, they think they are going to be distracted, so they are citing safety concerns there. But it's out of the clear zone, crash zone, it -- it meets ITD traffic manual. ITD had said that, but feds are saying it doesn't meet your manual requirements. So, we will see where that goes. I will keep you update on that, but right now ITD doesn't know what to do, because they are -- it's holding up the change order -- some change orders, so they are -- because the feds won't approve it, so -- but we are working on that. We will work with the Mayor's office a little bit to see if we can find resolution. But I just thought I would give you an update. There is potential that the Meridian sign doesn't go in the interchange, so with that that is my construction project update and I will stand for any questions or any other projects you have questions on or comments. Meridian City Council September 1, 2015 Page 37 of 38 De Weerd: Thank you, Caleb. Bird: Good job. De Weerd: Any questions or comments from Council? Rountree: I have none. Item 11: Ordinances A. Ordinance No. 15-1657: An Ordinance (RZ 15-010 – Human Bean) For The Re-Zone Of A Parcel Of Land Located In The Northeast ¼ Of The Northeast 1/4 Of Section 12, Township 3 North, Range 1 West; Establishing And Determining The Land Use Zoning Classification Of R-4 (Medium Low Density Residential) Zoning District To O-T (Old Town) And Providing An Effective Date De Weerd: Okay. Well, thank you again. Okay. Under Item 11-A, Ordinance 15-1657. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1657, an ordinance RZ 15-010, Human Bean, for the rezone of a parcel of land located in the northeast one quarter of the northeast one quarter of Section 12, Township 3 North, Range 1 West, Boise meridian, City of Meridian, Ada County, Idaho. Establishing and determining the land use zoning classification of R-4, Medium Low Density Residential Zoning District, to OT, Old Town Zoning District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing nobody wants to hear it in its entirety, I move we approve Ordinance No. 15-1657 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 11 -A. Madam Clerk, will you, please, call roll. Meridian City Council September 1, 2015 Page 38 of 38 Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 12: Future Meeting Topics De Weerd: Item 12 is under Future Meeting Topics. Mr. Zaremba. Zaremba: Madam Mayor, there has been a meeting with ITD that Caleb and I attended and a couple members -- not ITD. VRT. Valley Regional Transit and during the workshop next week could I have maybe five to eight minutes to talk about what's being proposed for the Saturday bus service? De Weerd: Yes, please. Zaremba: Workshop next week if possible. De Weerd: Okay. Thank you. Anything further? Bird: I have none. De Weerd: If not I would entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:24 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _______________________________ ______/______/______ MAYOR TAMMY de WEERD DATE APPROVED ATTEST: _____________________________________ JAYCEE HOLMAN, CITY CLERK Meridian City Council September 1, 2015 Page 38 of 38 Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 12: Future Meeting Topics De Weerd: Item 12 is under Future Meeting Topics. Mr. Zaremba. Zaremba: Madam Mayor, there has been a meeting with ITD that Caleb and I attended and a couple members -- not ITD. VRT. Valley Regional Transit and during the workshop next week could I have maybe five to eight minutes to talk about what's being proposed for the Saturday bus service? De Weerd: Yes, please. Zaremba: Workshop next week if possible. De Weerd: Okay. Thank you. Anything further? Bird: I have none. De Weerd: If not I would entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:24 P.M. (AUDIO-RECORDING-bN` FILE OF THESE PROCEEDINGS) MAYOR TAA MMY de WEERD jOks PPROVED ATTEST: �G°5rJT9 o, City of JAYCEE OMA LERK N, SEAL�"A��" � P� Pq `be T�[p5�PP4 Changes to Agenda: None Item #9A: Isola Creek Subdivision No. 3 (FP -15.028) Application(s): Final Plat Size of property, existing zoning, and location: This site consists of 9.85 acres of land zoned R-4, and is located east of N. Ten Mile Road and north of W. Ustick Road. Summary of Request: The applicant has applied for final plat approval of 25 building lots and 2 common lots on approximately 9.85 acres of land in an R-4 zoning district. This is the third phase of development of Isola Creek Subdivision. The proposed final plat is found to be in conformance with the approved preliminary plat in accord with the UDC. The applicant has submitted a written response in agreement with all of the conditions contained in the staff report. Written testimony: Beck McKay, Applicant's representative in agreement with the conditions in the staff report. Staff Recommendation: Approval Outstanding Issue(s) for City Council: None Notes: Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approved Minutes Approve Minutes of August 18, 2015 City Council PreCouncil Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approved Minutes Approve Minutes of August 18, 2015 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 5C PROJECT NUMBER: RZ-15-009 ITEM TITLE: Brinegar Investments Findings of Fact, Conclusions of Law: RZ 15-009 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Rezone Approximately 1.65 Acres from the R- 8 (Medium -Density Residential) Zoning District to the R-15 (Medium High - Density Residential) Zoning District MEETING NOTES TRCommunity 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: September 2, 2015 ITEM NUMBER: 5D PROJECT NUMBER: PP 15-011 ITEM TITLE: Brineaar Investments Findings of Fact, Conclusions of Law: PP 15-011 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Preliminary Plat Approval of Three (3) Multi - Family Residential Lots, Seventeen (17) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.65 Acres in the R-8 and Proposed R-15 Zoning Districts MEETING NOTES YJ 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: September 2, 2015 ITEM NUMBER: 5E PROJECT NUMBER: CUP 15-015 ITEM TITLE: Brinenar Investments Findings of Fact, Conclusions of Law: CUP 15-015 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Conditional Use Permit for a Multi -Family Development Consisting of Sixteen (16) Dwelling Units in the Proposed R- 15 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: September 2, 2015 ITEM NUMBER: 5F PROJECT NUMBER: AZ 15-007 ITEM TITLE: Sovi Subdivision Findings of Fact, Conclusions of Law: AZ 15-007 Sovi Subdivision by DevCo, LLC Located 3515 S. Eagle Road Request: Annexation of Five (5) Acres of Land from the RUT Zoning District in Ada County to the R-15 (Medium -High Density Residential) Zoning District MEETING NOTES A 4 y � }' �+K� c� ky{� Kid .1 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: September 2, 2015 ITEM TITLE: Sovi Subdivision Y"17110 [1] T11_-3 4 PROJECT NUMBER: PP 15-010 Findings of Fact, Conclusions of Law: PP 15-010 Sovi Subdivision by DevCo, LLC Located 3515 S. Eagle Road Request: Preliminary Plat Approval Consisting of Thirty -Six (36) Single Family Residential Lots and Seven (7) Common Lots on Approximately Five (5) Acres in a Proposed R- 15 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: September 2, 2015 ITEM NUMBER: 5H5N- PROJECT NUMBER: MDA 15 - ITEM TITLE: Brineaar Investments Findings of Fact, Conclusions of Law: MDA 15-006 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Development Agreement Modification to Change the Development Plan from Single Family Detached and Attached Homes to all Single Family Detached Homes and a Sixteen (16) Unit Multi - Family Development MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 51 PROJECT NUMBER: FP 15-026 ITEM TITLE: Fall Creek Subdivision Final Order for Approval: FP 15-026 Fall Creek Subdivision No. 3 by Coleman Homes, LLC Located South of W. Overland Road on the East Side of S. Linder Road Request: Final Plat Approval Consisting of Forty -Three (43) Building Lots and Six (6) Common Lots on 19.24 Acres of Land in the R-8 Zoning District MEETING NOTES �, sm t t r 0 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: September 2, 2015 ITEM NUMBER: 5J PROJECT NUMBER: FP 15-027 ITEM TITLE: Kentuckv Villas FP 15-027 Kentucky Villas by C4 Investments, LLC Located 835 W. Victory Road Request: Final Plat Approval Consisting of Eight (8) Building Lots, One (1) Common Lot and One (1) Other Lot on 3.87 Acres of Land in an R-4 Zoning District MEETING NOTES K , � Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 5K PROJECT NUMBER: MDA 15-007 ITEM TITLE: Hills Century Farm Modified Development Agreement MDA 15-007 Hill's Century Farm Subdivision by Brighton Investments, LLC MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-082089 BOISE IDAHO Pgs=7 NIKOLA OLSON 09/03/2015 02:10 PM MERIDIAN CITY NO FEE II'IIII��I'�'ll'I'I'IIIIII'I'I�'III I'III II' III'II 00141626201500820890070075 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Investments, LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of Sc��ie,hn Fj.�/ , 2015, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), and Brighton Investments, LLC, ("OWNER/DEVELOPER"), whose address is 12601 W. Explorer Dr., Ste. 200, Boise, ID 83702. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on July 9, 2015 in the real property records of Ada County as Instrument No. 2015-003138 ("DEVELOPMENT AGREEMENT"). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: That the Property specifically described in the attached Exhibit "A" is no longer subject to the Development Agreement that was recorded on July 9, 2015 (Instrument # 2015-003138). 1.4. WHEREAS, Owner/Developer and Owner has submitted an application for annexation and zoning of 223.73 acres of land with an R-8 (Medium density Residential) zoning district. Owner/Developer requested approval of apreliminary plat consisting of 675 building lots, 47 common area lots on 221.8 acres for Hill's Century Farm Subdivision, which generally describes how the Property will be developed and what improvements will be made; and ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-007 — HILL'S CENTURY FARM Page 1 of 5 S. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Direct lot access to S. Eagle Road and E. Lake Hazel Road, arterial streets, and E. Taconic Drive, E. Highlander Drive, and S. Newbridge Avenue, internal collector streets, is prohibited in accord with UDC 11- 3A-3. b. A temporary access shall be provided via Eagle Road near the northwest corner of the site until two (2) points of permanent ingress/egress are constructed that meet the Fire Department's standards. Provide a pedestrian bridge over the Ten Mile Creek as proposed for access to the regional pathway by residents on the east side of the creek. c. Future development of this site shall be generally consistent with the preliminary plat and conceptual building elevations attached to the Findings of Fact and Conclusions of Law (Exhibit "B'), d. The rear or sides of homes on lots that face S. Eagle Road and E. Lake Hazel Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. e. A 10 foot wide multi -use pathway is required to be constructed along the west side ofthe Ten Mile Creek in accord with the Pathways Master Plan and should extend west to the S. Eagle Road/E. Taconic Street intersection. f. A minimum of 10 site amenities shall be provided within the development and should be comparable to thefollowing: a community center, tot lot playgrounds, exercise stations, passive gathering space seating, micro - paths, and a regional pathway. The provision of the property for an elementary school whether donated or sold is allowed to count toward one amenity; development of the school property is governed by Development Agreement Instrument no. 2015-061375 for Hill Properties/Century Farm School AZ 15-004; RZ 15-007. Specific amenities shall be determined with submittal of each final plat application. 2. That Owner/Developer agrees to abide by all ordinances ofthe City of Meridian and the Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person(s) acquiring ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-007 — HILL'S CENTURY FARM Page 2 of 5 an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-007 — HILL'S CENTURY FARM Page 3 of 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: BRIGHTON INVESTMENTS, LLC By://// Z CITY OF MERIDIAN Mayor Ta de eerd Attest: O�,pJBD A01170"rJ $GO 1� City of IDRAN�Jayce .Holman, City Clerk SEAL ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-007 — HiLL's CENTURY FARM Page 4 of 5 STATE OF IDAHO ) ss. County of Ada ) On this jeday of&VA4::,2015, before me, the undersigned, a Notary. Public in and or said State, personally appeared known or identified to me to be the of Brighton Investments, LLC, the person who executed the instrument on behalf of said Idaho limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. FNDAAMAcCURRO IDAHO STATE OF IDAHO ) ss County of Ada Notary Public 1 0 4'1 d o Residing at: My commission expires: On this day of , Qkmp N , 2015, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL: 0 N�otaryublic for Idaho Residing at:� Commission expires: ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-007 — MLL's CENTURY FARM Page 5 of 5 Exhibit A Legal Description & Exhibit Map of Property Proposed to be Removed from Agreement im� 9133WCSTSTATCSTRUJ f ttClSSC,ftaf33T14 1.09,W9.b939 I f-AX208,U39,6Wj April 29, 2015 Project No,: 14.031 EHIIIBITA LEGAL DESCRIPTION FOR REZONE TO C -N A parcel a parcel of land situated in a portion of the Southeast 1/4 of the Northwest 1/4 of Sectbn 33, Township 3 North, Range 1 Cast, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: commenoing at an aluminum cap monument inaridng the north 1/4 corner of said Section 33, thence following the easterly line of the Northwest 1/4 of said Section 33, 5o0'I9'09"W a cifstance of 1,329.06 feet to a found 5/8 -Inch rebar marling the northeast corner of Said Southeast 1/4 of the fvnrtiivrcst 1/4 (C -F4 1/16 corner) and being the POINT OF BEGINNING. Thence following said easterly line, S00119'09"W a distance of I41.58 feer to a point which bears N00'1r W"E a distance of 1,137,43 feet from a found 5/8 -Inch rebar marking the Center of said Section 33; fhence leaving said easterly line, S40"18'58"W a distance of 89,45 feet to a pouTt; Thence 254.21 feet along the arc of a circular curve to the right, said curve having a radius of 331.50 feet, a delta angle of 43"56'14", a chord bearing of SG2°17'04"W and a chord distance of 248.W feet to o point; Thence SS4'15'11"W a distance of 120.50 feet to a point; Thence 340.80 feet along the arc of a circular curve to the left. said curve having a radius of 615.50 feet, a delta angle of 3.`34'16", a chord bearing of S68'28'03"W and a chord distance of 336.51 feet to a point; Thence N37°19'04"W a distance of 6.3.00 feet to a point; Thence N33`25'00"W a distance of 20.05 feet to a point; Thence N54"48'00'W a distance of 101.79 feet to a point; Thence N70"23'47"W a distance of B5.44 feet to a point; Thence N83'29'14"W a distance of 71.86 feet to a point; Thence N89'27'54"W a distance 01`98.19 feet to a Point; Thence N00"32'06"E a distance of 307,67 feet to a point on tha northerly line ofsaid southeast 1/4 of the Northwest 1/4; Thence following said northerly line, S89`27'522"E a distance of 1,090,81€eet to the POINT OF BEGINNING. Said parcel contains 8.391 acres, more or less, and is subject to all existing easements and/or rights-of•way of record orfmplied. Attached hereto is Exhibit B and by this reference is made a part hereon. CN6INFERS i SuRVCYQRs i PLANNERS www.kmengllp Com Hill's Centuty Farm MDA -15-007 Hill's Century Farm 1viDA-1 04' 21a.0J' 61 D !SD' — —E. Amity Road 336.G1' r N POINT OF COMMENCEMENT-/ I.1 1/4 CORNEA- Z fl SECTION 33 o OZ r �¢ 0 75 i50 300 NppFO � POINT OF BEGINNING ml h Li.2 w TH W C -N 1/16 CORNER SECTION 33 d W 03 Plan Scate saGs7'Sz'c 1oDa.at' muLL �> ! N LL O"~ �m ° Total Rezone; $.392# o rn(n as 00 M S40'18'58,w X W AP,,,! S1133233G10 (POR) LL! CC Q M » CURRENT 2ON11(G; RB TM b C 01 is PROPOSED 7ONING! C -N '27'54'W < Z O 9014' N8?,,'29'I4,V [N 1 (�71.a6, 54'1800 W 7,o1.7s' µl cn fSB4'1J 11"W DATE, 0512015h r c2 120.50' IMI- 14 U21 N33'2i�'UOl4 20A5' N3A'19'04'\Y CENTER OF SECTION 33� SHEET: 1 or 1 bJ.VU' PROFOSCO tlIwS CENTURY FARM SUSPAM1ON LEGEND (b BRASS CAP bm CURVETAM j 5/8 -INCH REtAR CURVE RADIUS l@ltGni DELTA LNO.148P.G CI1C?R9 GALCUIXEO POINT C1 331.50' 2$421' 43'S6'l4" 5050T17-041W W-� _ ----"REZONE BOUNDARY 91?: ✓,[lTSTATL STP(R — — — — —SECTION LINE nasc, l>,Jw fl+1, f+Y. it%i {Sit930 Hill's Century Farm 1viDA-1 04' 21a.0J' 61 D !SD' 3i0.fi0' 31'34' I G' S68'28'O3"Y! 336.G1' 5-007 Meridian City Council Meeting DATE: September 2. 2015 ITEM TITLE: Human Bean ITEM NUMBER: PROJECT NUMBER: RZ 15-01 Development Agreement for RZ 15-010 Human Bean Located at Northeast '/4 Of The Northeast 1/4 Of Section 12, Township 3 North, Range 1 West 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: September 2, 2015 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Professional Services Trauma Intervention Second Amendment To Professional Services Agreement With Trauma Intervention Programs, Inc. for a not -to -exceed amount of $10,957 MEETING NOTES MAa 1"iF Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich ADA COUNTY RECORDER Christopher D. Rich 2015-097483 BOISE IDAHO Pgs=10 NIKOLA OLSON 2015-082090 BOISE IDAHO Pgs=48 VICTORIA BAILEY 10/21/2015 02:56 PM MERIDIAN CITY 09/03/2015 02:10 PM MERIDIAN CITY NO FEE NO FEE 11111111111111111111111111 1111111111111111111 III 001415272015008 090 00157927201500974830480489 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ada County Highway District, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this \ day of may { k ,e,,{ , 2015, by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITY whose address is 33 E.Broadway Avenue, Meridian,Idaho and Ada County Highway District,whose address is 3775 Adams Street,Garden City, Idaho 83714, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho,described in Exhibit "A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code §67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 9.22 acres of land from the RUT zoning district in Ada County from R-4(Low-Medium Density Residential)to the O-T(Old Town) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS,the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government DEVELOPMENT AGREEMENT—HUMAN BEAN(RZ—15-010) PAGE 1 OF 8 cc c©.,�� �', ane. --pacr subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 11th day of August, 2015, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Ada County Highway District,whose address is 3775 Adams Street,Garden City,Idaho 83714,the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. DEVELOPMENT AGREEMENT-HUMAN BEAN(RZ-15-010) PAGE 2 OF 8 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re-zoned Old Town(O-T)District and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of the site shall substantially comply with the site plan,landscape plan and building elevations included in Exhibit A of the Findings of Fact and Conclusions of Law attached as Exhibit B, the design standards listed in UDC 11-3A-19, the guidelines contained in the City of Meridian Design Manual, the Destination: Downtown vision plan, Comprehensive Plan and the conditions in this report. b. Future restaurant/retail buildings constructed on the site shall be of similar design and construction materials as the coffee kiosk and conceptual elevations shown in Exhibit A.5 of the Findings of Fact and Conclusions of Law attached as Exhibit B;they shall also incorporate some kind of architectural feature(s) similar to the kiosk that has an appearance of a two story structure for at least a portion of the building, or be functionally two stories. c. The applicant shall provide a garden wall-at the northeast corner of this site at the intersection of W. Cherry Lane and N. Meridian Road. An area shall also be reserved at this corner for public art and/or an entry sign to the downtown area if a partnership can be reached with the Meridian Downtown Development Corporation (MDC) and the Meridian Art's Commission (MAC) for the provision of these items. A detail of the garden wall shall be submitted with the Certificate of Zoning Compliance application d. Direct lot access to Cherry Lane is prohibited; only one right-in/right-out driveway via Meridian Road and one full access driveway via N.W. 1St Street are allowed. e. Outdoor speakers are prohibited on this site. f. A cross-access easement shall be granted to the property to the south at 1611 N.Meridian Road (Parcel #R9453000076) for access to the driveway on the site via N. Meridian Road in accord with UDC 11-3A-3A. A provision shall be added to the agreement that allows the owner/developer of the adjacent parcel to remove a section of the fence as necessary for access.A copy of the recorded easement shall be submitted to the Planning Division with the first Certificate of Zoning Compliance application.The applicant shall work with the adjacent property owner to the south in determining the location of the DEVELOPMENT AGREEMENT-HUMAN BEAN(RZ-15-010) PAGE 3 OF 8 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re-zoned Old Town(O-T)District and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of the site shall substantially comply with the site plan,landscape plan and building elevations included in Exhibit A,the design standards listed in UDC 11-3A-19, the guidelines contained in the City of Meridian Design Manual, the Destination: Downtown vision plan, Comprehensive Plan and the conditions in this report. b. Future restaurant/retail buildings constructed on the site shall be of similar design and construction materials as the coffee kiosk and conceptual elevations shown in Exhibit A.5;they shall also incorporate some kind of architectural feature(s)similar to the kiosk that has an appearance of a two story structure for at least a portion of the building,or be functionally two stories. c. The applicant shall provide a garden wall-at the northeast corner of this site at the intersection of W. Cherry Lane and N.Meridian Road.An area shall also be reserved at this corner for public art and/or an entry sign to the downtown area if a partnership can be reached with the Meridian Downtown Development Corporation (MDC) and the Meridian Art's Commission (MAC) for the provision of these items. A detail of the garden wall shall be submitted with the Certificate of Zoning Compliance application d. Direct lot access to Cherry Lane is prohibited; only one right-in/right-out driveway via Meridian Road and one full access driveway via N.W. 1St Street are allowed. e. Outdoor speakers are prohibited on this site. f. A cross-access easement shall be granted to the property to the south at 1611 N.Meridian Road (Parcel #R9453000076) for access to the driveway on the site via N. Meridian Road in accord with UDC 11-3A-3A.A provision shall be added to the agreement that allows the owner/developer of the adjacent parcel to remove a section of the fence as necessary for access.A copy of the recorded easement shall be submitted to the Planning Division with the first Certificate of Zoning Compliance application.The applicant shall work with the adjacent property owner to the south in determining the location of the DEVELOPMENT AGREEMENT-HUMAN BEAN(RZ-15-010) PAGE 3 OF 8 easement as well as inquiring if the owner would prefer to have the entire area landscaped or a driveway stub constructed with only a portion of the area landscaped at this time.If the owner prefers the stub is not constructed at this time,the easement should allow for the future construction of a driveway on the subject property. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two(2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2,Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer,or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include,without limitation,acts of civil disobedience,strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT-HUMAN BEAN(RZ-15-010) PAGE 4 OF 8 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City,or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail,registered or certified mail,postage prepaid,return receipt requested,addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, ID 83642 DEVELOPMENT AGREEMENT-HUMAN BEAN(RZ-15-010) PAGE 5 OF 8 OWNER/DEVELOPER: Ada County Highway District 3775 Adams Street Garden City, ID 83714 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. DEVELOPMENT AGREEMENT-HUMAN BEAN(RZ-15-010) PAGE 6 OF 8 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Ada County Highway District By: git4e A 6'` CITY OF MERIDIAN By: i/-f --,.__ Mayor . • y de Weerd ox,NI ED AUc O�Q , ATTEST: A 5',,city of IA. ,..11 (i, MIA N --` iUAN6 ycee 4 Holman, City Clerk SEAL. ,F 'yj£ �p v,: DEVELOPMENT AGREEMENT—HUMAN B A'(g4- 5i y PAGE 7 OF 8 STATE OF IDAHO ) : ss: County of Ada, ) On thiday ofNu 5}—,2015,before me,the undersigned,a Notary Public in and for said State,personally appeared T�kli .�i ,known or identified to me to be thebl�e-c 4 f; of Ada County Highway District,and acknowledged to me that he executed the same on behalf of said district. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) _snow Htuttgt O�:NL. e4! Notary Publico daho 16 Residing at: c\R..Q.xtsA � ,0OTAR My Commission Expires: �L.-��r #414b.g.f OF Mt' ap STATE OF IDAHO ) : ss County of Ada ) On this \ day of cp vVm\Dk. , 2015, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L.Holman,know or identified to me to be the Mayor and Clerk,respectively, of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •o••• , kl. •� 1� �� (SEAL) Notary Pul:! iswi fo Ida o Residing at: 11/44e.r ak.ay-v (p "� / • Commission expires: cja o tC •.;DAHO .••- DEVELOPMENT AGREEMENT-HUMAN BEAN(RZ-15-010) PAGE 8 OF 8 EXHIBIT A COMPASS LAND SURVEYING, P.LLC. 6940 N. Linder Road Telephone: (208)442-0115 Meridian,Idaho 83646 Fax: (208)327-2106 Email:jeffwb.clsjgmail.com Client: Rennison Engineering Date: April 30,2015 REZONE DESCRIPTION A parcel of land located in the Northeast 1/4 of the Northeast 1/4 of Section 12,Township 3 North, Range 1West,Boise Meridian,Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the Northeast corner of said Northeast 1/4,from which a brass cap monument marking the Southeast corner of said Northeast 1/4 bears South 00°23'19"West, 2651.92 feet; Thence along the Easterly boundary of said Northeast 1/4 and the centerline of N. Meridian Road, South 00°23'19"West,289.85 feet(formerly 289.88 feet) to a point; Thence leaving the said Easterly boundary and the center line of said N. Meridian Road,North 89°36'41"West,30.00 feet to a point on the Easterly boundary of Lot 9 Block 1 of Wilson Addition to Meridian as shown in Book 12 of Plats on Page 708,Records of Ada County,Idaho; Thence along a line being 10.00 feet Southerly of and parallel to the Southerly boundary of Lot 8 Block 1 of said Wilson Addition to Meridian, North 89°27'52"West, 128.00 feet to a point on the Westerly boundary of said Lot 9; Thence along said Westerly boundary,North 00°23'19" East, 5.05 feet to a point; Thence leaving said Westerly boundary and along a line being 5.00 feet Southerly of and parallel to the Southerly boundary of Lot 7 Block 1 of said Wilson Addition to Meridian,North 89°25'44" West, 158.00 feet to a point on the center line of NW 1st Street; Thence along the centerline of said NW 1st Street, North 00°23'19"East,284.89 feet to point on the Northerly boundary of said Northeast 1/4 and the center line of W. Cherry Lane; Thence along said Northerly boundary and the center line of said W. Cherry Lane, South 89°26'40""East,316.00 feet to the POINT OF BEGINNING. Said parcel contains contain 2.08 acres more or less. r� • ,c 1157 { ft,14 t 5 BEAD' Human Bean RZ 15-010 EXHIBIT A i/4 Corner REZONE EXHIBIT section Carver Sections 1 & 12 LOCATED IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 NEST. 8.M. "PLS 5291, 2013" CP&F No. 2015011237 CITY OF MERIDIAN, ADA COUNTY. IDAHO CP&F No. 113105589 -S 89'26'40" E t 6 — — _ — — S 89'2640 E 316.00' — — 12 �'. W. CHERRY LANE S5 -----------Th I r I I IN ln a� N co 77 To 0 If E" C1 n W coN I I PARCEL R9453000007 �a I E~ REZONE BOUNDARY a W CA2.08 ACRES t [, 3 I LECA 1 m h A Calculated point rFH. n la Found brass cop 01 41,1 01 Set 5/8 inch dia. x 30 inch iron ® Z pin w/plostic cop PLS 11574 I Yn1 — — — — Rezone Boundary line Section/Center line 3 NN89'25'44' W 158.00' -- — ® LI A n N 89'27'52" W o s� %�r 4 128.00' o 1 7 y_-". LINE TABLE i ' �915@� UNE BEARING DISTANCE , �3/)// Lt N 8916'41' W 30.00 *4 Of SOI'4> 0 30 60 120 L2 N 00'23'19" E 5.05 Sections412 &n 7 ✓FItF BE*6VI "PLS 11118, 2013' ) Scale: 1" = 60' CP&F No. 114006712 ' Human Bean RZ 15-010 Exh;b%-t CITY OF MERIDIAN 1iRDJA %-- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION& ORDER i I's i"` Fj In the Matter of the Request for an Amendment to Unified Development Code(UDC) Table 11-2D- 2 to Include a Drive-Through Establishment as a Conditional Use in the O-T Zoning District and a Modification to the Associated Specific Use Standards Listed in UDC 11-4-3-11;Rezone of 2.08 Acres of Land from the R-4 to the O-T Zoning District; and a Conditional Use Permit for a Drive- Through Establishment in the O-T Zoning District for a Coffee Kiosk for the Human Bean, by Ada County Highway District. Case No(s). ZOA-15-001;RZ-15-010; CUP-15-014 For the City Council Hearing Date of: July 28,2015(Findings on August 11,2015) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 28, 2015,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 28, 2015,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of July 28,2015, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 28,2015,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(1.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S),ZOA-15-001;RZ-I5-010;CUP-15-014 - I - Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 28,2015,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for an amendment to the Unified Development Code is hereby approved per the Staff Report for the hearing date of July 28,2015,attached as Exhibit A. 2. The applicant's request for a rezone is hereby approved with the requirement of a development agreement per the provisions in the Staff Report for the hearing date of July 28,2015,attached as Exhibit A. 3. The applicant's request for a conditional use permit is hereby approved per the conditions in the Staff Report for the hearing date of July 28,2015,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration PIease take notice that the conditional use permit,when granted,shall be valid for a maximum period of two(2)years unless otherwise approved by the City.During this time,the applicant shall commence the use as permitted in accord with the conditions of approval,satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the fmal plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Two(2)Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two(2)years of the City Council granting annexation and/or rezone(UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two(2)year approval period (UDC 11-5B-3F). CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).ZOA-15-001;RZ-15-010;CUP-15-014 -2- E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003,denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing,and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code§ 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of July 28,2015 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).ZOA-15-001;RZ-15-010;CUP-15-014 -3- By action of the City Council at its regular meeting held on the f I4"- day of Altar 2015. ' COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED Ijko-- COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED , I COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T ; eerd ,TEDAUC s. Attest: oc,s° c, l .. '"- City Of / E'IDIAN •ycee til —"" ' ,:t;,,,„ SEAL, (--- City Clerk yre, ,�� €o(tbe 7R,00-v Copy served upon Applicant,The Planning Division, Public Works Department and City Attorney, V. By: Dated: ! «t IS City C erk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AM)DECISION&ORDER CASE NO(S).ZOA-15-001;RZ-I 5-010;CUP-15-014 -4- EXHIBIT A STAFF REPORT HEARING DATE: July 28,2015 d/(1 E IDIAN�- TO: Mayor&City Council FROM: Sonya Watters,Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: ZOA-15-001; RZ-15-010; CUP-15-014—Human Bean I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant,the Ada County Highway District, has submitted an application for a text amendment (ZOA)to Table 11-2D-2 of the Unified Development Code(UDC)to include a drive-through establishment as a conditional use in the O-T zoning district and a modification to the associated specific use standards listed in UDC 11-4-3-11. A rezone (RZ)of 2.08 acres of land from the R-4 to the O-T zoning district is also requested. Lastly, a conditional use permit for a drive-through establishment in the O-T zoning district for a coffee kiosk(Human Bean) is proposed. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed ZOA,RZ and CUP based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning& Zoning Commission heard these items on July 2,2015.At the public hearing,the Commission moved to recommend approval of the subject ZOA, RZ and CUP requests. a. Summary of Commission Public Hearing: i. In favor: John Rennison ii. In opposition: None iii. Commenting: None iv. Written testimony: John Rennison v. Staff presenting application: Sonya Watters vi. Other staff commentin' on application: None b. Key Issue(s) of Discussion by Commission: i. The provision of full landscape buffer vs.a driveway stub and partial buffer to the property to the south at the southeast corner of the site. c. Key Commission Change(s)to Staff Recommendation: i. At the applicant's request, modify condition#1.1c and Lid to reflect a partnership with MDC and MAC in regard to the provision of public art and downtown entry signs at the northeast corner of the site. ii. Delete the portion of condition#1.1.3c that requires additional trees within the street buffers along W.Cherry Lane and N. Meridian Road. iii. Modify condition#1.1.18 and#1.1.3e to require the applicant to work with the property owner to the south in determining the location of the cross-access easement and inquiring if the owner would prefer landscaping to be constructed instead of a driveway stub at this time for future cross-access. d. Outstanding Issue(s)for City Council: i. None Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 1 EXHIBIT A The Meridian City oun it heard these item on dy 28, 2015 At the public hearing, the Council a$Droved the su i ject ZOA.RZ and CUP requests. .. Summary of C'ty Council Public Hearing: L In favor: John Rennison R. In opposition: None iii: Commenting: None Written testimony: None Y. Staff presenting application• Bill Par sons Li. Other staff commenting on application: None Ii. ev Issues of Di cu ion by .o uncil: L The requirement of a partnership between the Human Bean and MDC and MAC for the $rovision of signage to the downtown area and public art at the northeast corner of the site; ib The ref uirement for the utility boxes at the northeast orner of the site to be wrapped. t. Key Council Changes to Staff/Commission Recommendation Modi v condition #1.1.1c to not require a partnership with MDC and MAC on the provision of a sign to the downtown area and public art: an area should still be reserved for these items in the event a partnership can be reached to provide these items. IL Delete condition #1.1.1d that requires the utility boxes at the northeast corner of the site to be wrapped. 1 • • • sps•$ $ iY. Delete condition #1.1.4c as the site plan has been revised according, III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers ZOA-15- 001, RZ-15-010 and CUP-15-014, as presented in the staff report for the hearing date of July 28, 2015,with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers ZOA-15- 001,RZ-15-010 and CUP-15-014, as presented during the hearing on July 28,2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers ZOA-15-001,RZ-15-010 and CUP-15-014 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southwest corner of N. Meridian Road and W. Cherry Lane at 1648 N.W. 1St Street, in the NE 1/4 of Section 12,Township 3 North,Range 1 West. (Parcel No. R9453000007) Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 2 EXHIBIT A B. Applicant: Ada County Highway District 3775 Adams Street Garden City, ID 83714 C. Owner: Same as applicant D. Representative: Travis Stroud,B & S Investments, LLC 1980 S. Meridian Road Meridian,ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for zoning ordinance amendment, rezone and conditional use permit. A public hearing is required before the Planning&Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 15 and 29,2015 (Commission); June 15 and 29, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: June 11,2015 (Commission);June 11, 2015 (City Council) D. Applicant posted notice on site(s)on: June 19,2015 (Commission); July 15,2015 (City Council) VI. LAND USE A. Existing Land Use(s): The site consists of vacant/undeveloped land,zoned R-4 B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: W. Cherry Lane and vacant/undeveloped property,zoned RUT in Ada County South: Single-family residential properties, zoned R-4 East: N. Meridian Road,a drinking establishment(Whitewater Saloon)and other commercial businesses,zoned C-C West: N.W. 15t street,vacant/undeveloped land, zoned O-T, and single-family residential properties, zoned R-4 C. History: This property was included in the Wilson Addition to Meridian subdivision plat that was recorded in 1948 as Lots 1-8,Block 1. ACHD acquired this property for the recent Split Corridor Project. A commercial business and single-family residences previously existed on this site. C. Utilities: 1. Location of sewer: The city currently owns and maintains a sewer main directly adjacent to the west of the proposed development in NW Pt Street. Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 3 EXHIBIT A 2. Location of water: The city currently owns and maintains water mains directly adjacent to the North,East,and West of the proposed development. 3. Issues or concerns: None D. Physical Features: 1. Canals/Ditches Irrigation: There are no open ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN This property is designated Old Town on the Comprehensive Plan Future Land Use Map(FLUM). Per the Comprehensive Plan, "This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas,both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings. Sample uses include offices, retail and lodging,theatres,restaurants,and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings,new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historic character,the City has developed specific Design Guidelines for this area. Pedestrian amenities are emphasized in Old Town. Future planning in Old Town will be reviewed in accordance with Destination Downtown,a visioning document for redevelopment in downtown Meridian.Please see the Economic Excellence chapter for more information on Destination Downtown." Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 4 EXHIBIT A This site is located at the northern periphery of the Old Town designated area known as the Northern Gateway District in the Destination: Downtown vision plan. The properties to the west are also within the Old Town designated area and consist of a vacant/undeveloped lot at the southwest corner of Cherry Lane and N.W. 1' Street zoned O-T; and two residential properties zoned R-4. Development in Old Town is reviewed in accordance with this plan. Some of the specifics of the vision for this area are as follows: This district is defined by taller buildings, a sense of entry, streetscape improvements (particularly along Cherry Lane)that encourage walking, office uses to provide a major employment center supported by retail and housing, and an atmosphere that is distinctive and that serves as an attraction and draws people into downtown Meridian. Retail/dining uses are envisioned to make up 30%(or 13.8 acres) of this district. Streetscape improvements and beautification include increasing the number of street trees, landscaping including planters,community gardens and green spaces. A collection of public art throughout downtown Meridian is also desired. The downtown area should be designed to be attractive and welcoming to pedestrians and bicyclists. Parking areas should include clear pedestrian pathways to make walking and bicycling safer. The applicant proposes to develop the site with a walk-up/drive-through coffee kiosk and two pad sites for future retail and restaurant uses; streetscape improvements (landscaping and a garden wall); and signage notifying the public of entry into the downtown area, consistent with the aforementioned vision plan. Walkways currently exist adjacent to W. Cherry Lane and N. Meridian Road. Staff recommends public art is provided on the site in accord with the Destination: Downtown vision plan for Old Town. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use(staff analysis in italics): "Require all commercial and industrial businesses to install and maintain landscaping." (2.01.03B) Parking lot and perimeter landscaping is required with development of the site. "Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection."(3.04.02A) There is adequate water supply and pressure available to the site for fire protection. "Plan for and encourage services like health care, daycare,grocery stores and recreational areas to be built within walking distance of residential dwellings."(2.01.01C) The proposed coffee kiosk will be located within walking distance of nearby residences and businesses. "Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements,access management, and frontage/backage roads."(3.03.020) Direct lot access is not proposed or allowed via W Cherry Lane. A right-in/right-out access via N. Meridian Road, an arterial street, and access via N.W. 1 sr Street, a local street is proposed. "Require all new and reconstructed parking lots to provide landscaping in internal islands and Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 5 EXHIBIT A along streets." Planter islands are proposed within the parking area landscaped in accord with the standards listed in UDC 11-3B-8C. "Minimize noise,odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas."(3.06.01B) The proposed drive-through does not have speakers and food is not being prepared in the kiosk; therefore, noise and odor should be minimal. Air pollution from vehicles and visual pollution from the development will be mitigated by landscaping. "Improve ingress and egress(both pedestrian and vehicle) in Old Town."(3.03.01C) Vehicular and pedestrian access is proposed to and through this site via N.W. 151 Street and N. Meridian Road. "Coordinate with the Historic Preservation Commission to review and comment on all development applications in Old Town and provide a certificate of acceptability."(5.02.01D) Staff has notified HPC of this application but has not yet received comments back. "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3.05.O1J) The proposed coffee kiosk with a drive-through and pedestrian walk-up order window, along with the two future pad sites, will contribute to the variety of services available in the downtown area. For the above-stated reasons, staff believes the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Per UDC 11-2D-1, the purpose of the O-T district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T district is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the city. Public and quasi-public uses integrated with general business, and medium high to high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. B. Schedule of Use: Unified Development Code(UDC)Table 11-2D-2 lists the permitted, accessory,conditional, and prohibited uses in the O-T zoning district. The proposed drive- through establishment is listed as a prohibited use in the O-T district. However,the applicant requests a zoning ordinance amendment as part of this application to allow drive-through establishments as a conditional use in the O-T district. If approved,a conditional use permit will be required for the proposed use. C. Dimensional Standards: The dimensional standards listed in UDC 11-2D-4 for the O-T zoning district applies to development of this site. Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 6 EXHIBIT A D. Landscaping Standards(UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to development of this site. IX.ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ZONING ORDINANCE AMENDMENT(ZOA):The applicant has submitted an application for a text amendment to Table 11-2D-2 of the Unified Development Code (UDC)to include drive-through establishments as a conditional use in the O-T zoning district; and a modification to the associated specific use standards listed in UDC 11-4-3-11 (see Exhibit A.2). The modification to the specific use standards are as follows: (Applicant's proposed changes are in strike-out, red bold underline format; staff's recommended changes are in strike-out,red bold italics underline format.) UDC 11-4-3-11 A. A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area,pick up windows, and exit lanes)is: 1) not within three hundred feet(300')of another drive-through facility, a residential district, or an existing residence;or 2)separated by an arterial street from any other drive-through facility, residential district or existing residence;or 3)not within the O-T zoninj district. Otherwise a conditional use permit is required. B. All establishments providing drive-through service shall identify the stacking lane,menu and speaker location(if applicable), and window location on the certificate of zoning compliance or the conditional use permit.Speakers are prohibited in the O-T zoning district. C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right of way by patrons. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking.-,except stacking lanes may provide access to designated employee parking. 3. The stacking lane shall not be located within ten feet(10') of any residential district or existing residence. 4. Any stacking lane greater than one hundred feet(100')in length shall provide for an escape lane., . • • . . . , •. • . • • . . • •. . . ' . • .. • • • • • • • . (Staff does not recommend approval of the proposed change.) 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. D. The applicant shall provide a six foot(6') sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. (Ord. 12-1514, 5-16- 2012,eff. 5-21-2012) Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 7 EXHIBIT A The previous Meridian City Code allowed drive-through establishments in the O-T district as a conditional use but they were removed with adoption of the UDC. Staff is in favor of allowing drive-through establishments within the Old Town area on a case by case basis with no outdoor speakers through a conditional use permit. Therefore, staff recommends approval of the changes to the UDC as requested by the applicant and modified above by staff. REZONE(RZ): The applicant proposes a RZ of 2.08 acres of land from the R-4 to the O-T zoning district,consistent with the Comprehensive Plan Future Land Use Map designation of Old Town for this site. The applicant has submitted a conceptual site plan,included in Exhibit A.4,which shows how the site may develop with a walk-up/drive-through coffee kiosk,and two future pad sites for a small restaurant and retail/restaurant uses. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure this site develops as proposed, staff recommends a development agreement is required as a provision of the rezone that includes the conditions listed in Exhibit B. Staff is in favor of the proposed rezone to the O-T district as it's consistent with the Old Town FL UM designation and vision for this site. CONDITIONAL USE PERMIT(CUP): A CUP is requested for a drive-through establishment in the proposed O-T zoning district for a coffee kiosk(Human Bean). A drive-through establishment is not currently an allowed use in the O-T district; however,the applicant proposes an amendment to the UDC (ZOA)as discussed above to include such use as a conditional use in the O-T district. If the associated ZOA and RZ are approved,then the CUP request can be considered and the comments below apply to development of this site; otherwise,a drive-through is a prohibited use and should be denied. Conceptual Development Plan: The applicant submitted a conceptual development plan, included in Exhibit A.4,which shows how the site may develop with a 480 square foot walk- up/drive-through coffee kiosk and two future pad sites for a small restaurant(3,120+/-s.f.)and retail/restaurant uses(5,400 s.f.). Buildings pads adjacent to N.W. 1s`Street are brought up to the street with parking internal to the site; main entrances are proposed to be internally located. The coffee kiosk is set back from the northeast corner of the site with a drive-thru lane around the building. A pedestrian walkway from the sidewalk along N. Meridian Road to the building and through the site to N.W. lst Street is also depicted on the site plan. Staff would prefer the building be located at the northeast corner of the site (without the drive- thru),to anchor the corner in accord with the guidelines in the Meridian Design Manual. However,because of the nature of the proposed use and the lack of access to this site as noted below, which results in limited tenants that can feasibly utilize this site, staff does not object to the proposed layout with landscaping to screen the parking and drive-through as proposed. Specific Use Standards: The specific use standards listed for drive-through establishments in UDC 11-4-3-11 as requested for modification above by the applicant and recommended by staff; apply to development of this site as follows: (Staff's comments in italics) Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 8 EXHIBIT A A.A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area,pick up windows,and exit lanes) is: 1) not within three hundred feet(300') of another drive-through facility, a residential district,or an existing residence; 2)separated by an arterial street from any other drive-through facility, residential district or existing residence; or 3)not within the O-T zoning district. Otherwise a conditional use permit is required. Because the subject property is proposed to be zoned O-T, a conditional use permit is required for a drive-through establishment as proposed. B.All establishments providing drive-through service shall identify the stacking lane,menu and speaker location(if applicable), and window location on the certificate of zoning compliance or the conditional use permit. The stacking lane, menu and window location is depicted on the site plan; no speakers are proposed. C.A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties.At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. The proposed stacking lane should have sufficient capacity so that traffic doesn't block the public right-of-way;several cars can stack before backing up into Meridian Road. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lane is a separate lane from circulation lanes needed for access and parking. However, there are two employee parking stalls accessed from the eastern lane. The two parking stalls on the east side of the stacking lane should be designated(either with paint and/or signs) "employee parking only." 3. The stacking lane shall not be located within ten feet(10')of any residential district or existing residence. The stacking lanes are not located within 10 feet of any residence or residential district. 4.Any stacking lane greater than one hundred feet(100')in length shall provide for an escape lane. The proposed stacking lane is approximately 125 feet in length and no escape lane is proposed. However, the applicant is proposing to change the dimension needed for an escape lane from 100'to 130'with ZOA-15-001. Staff is not supportive of the dimensional change for escape lanes;the site plan will need to be reconfigured to comply with the current UDC requirement for an escape lane. 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-thru lanes are visible from W. Cherry Lane and N.Meridian Road.Landscaping should not block the service windows, but should help to screen the stacking lane and parking. D. The applicant shall provide a six foot(6')sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. (Ord. 12-1514,5-16-2012, eff. 5-21-2012) A 6-foot tall white vinyl fence is proposed along the southern boundary of the site adjacent to the existing home. Access: Access to streets should comply with the standards listed in UDC 11-3A-3. One right- in/right-out access to the site is proposed via N. Meridian Road and two full accesses are proposed via N.W. Pt Street; no access is proposed or allowed via W. Cherry Lane. Fire,Police, Planning and Public Works Department staff all recommends only one access via N.W. 15t Street be allowed in the general location of the northern driveway shown on the site plan. Although N.W. ls` Street is a local street, staff is concerned that the southern driveway will encourage cut-through traffic from Cherry Lane to Meridian Road, as this southern access Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 9 EXHIBIT A and driveway out to Meridian Road create a very direct route to bypass the intersection. Staff is also concerned that this southern driveway is close to existing residences and the vehicular noise may be a nuisance.Further,consideration of the residential neighbors to the west should be taken into account when determining the exact location of the driveway to N.W. 15` Street to alleviate headlights from shining directly in windows (i.e. — locate the driveway to align between homes.) Staff recommends a blanket cross-access easement is recorded for this site for connectivity to access driveways for all businesses. Because access to a local street is not available for the property to the south at 1611 N. Meridian Road (Parcel #R9453000076), Staff recommends a cross-access easement is granted to the property for future interconnectivity and access upon redevelopment to the driveway proposed on the site via N. Meridian Road. Cross-access will assist in reducing access points via N. Meridian Road, an arterial street as set forth in UDC 11-3A-3A. Although the property is currently residential in nature and zoned R-4, it is within the Old Town designated area and may redevelop in the future with a non-residential use(s). Dimensional Standards: Development of the site should be consistent with the standards for the O-T zoning district listed in UDC 11-2D-4. The minimum number of stories for new construction is two and/or as set forth in the Meridian Design Manual.The Design Manual supports the requirement for two stories,at least 35 feet in height, along roadways to encourage an urban character with contiguous street walls.The site is located at the entry and northern boundary of the Old Town designated area and will serve as essentially a"book end"to the downtown area. The coffee kiosk structure is only a single-story but a portion of the building has a higher element that resembles a "half'story and measures 22' 10.5"to the highest point of the roof.The conceptual elevation submitted for the other structure at the northwest corner of the site is also single-story,which does not comply with the aforementioned standard,guidelines and vision for the Old Town area. Except for the height issue, the proposed development complies with the dimensional standards of the O-T district. Because development potential for this site is limited due to access restrictions related to its location at the corner of two major arterial streets and traffic patterns at the intersection, Staff believes smaller less intense businesses such as is proposed may be appropriate for this property. Therefore, staff is supportive of the proposed elevations for the coffee kiosk but recommends the elevations for the other two buildings, especially the one fronting Cherry Lane,incorporate some kind of architectural feature similar to the kiosk that has an appearance of a two story structure for at least a portion of the building. Structures on this site can transition up to a 2-story structures south of this property as desired in the Old Town area. Parking: Off-street parking is required to be provided in accord with the standards listed in UDC 11-3C-6B for traditional neighborhood uses. A minimum of one parking space is required to be provided for every 1,000 square feet of gross floor area. The site plan depicts 14 parking spaces for the proposed coffee kiosk; additional parking spaces are depicted on the plan for future retail/restaurant pads in accord with UDC standards. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site. Based on 14 parking spaces proposed, a bicycle rack capable of holding at least one bicycle is required to be provided. A bike rack is depicted on the site plan at the north end of the row of parking on the west side of the building; a detail of the bike rack should be submitted with the Certificate of Zoning Compliance application that Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 10 EXHIBIT A complies with the standards listed in UDC 11-3C-5C. The bike rack should be placed so that it doesn't obstruct the pedestrian walkway to the building. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. The O-T zoning district does not require landscaped street buffers adjacent to streets as buildings are anticipated to be brought up to the build-to lines. However, the Meridian Design Manual contains guidelines to integrate streetscape profiles along roadways and blocks to maintain the continuity of the urban environment consisting of the following 3 zones: the landscape and furnishing zones,the pedestrian mobility zone, and the frontage zone. The landscape plan depicts a 10+ foot wide strip of landscaping along N. Meridian Road and 7+ foot wide strip along W. Cherry Lane with attached 7-foot wide sidewalks along the streets. The sidewalks were recently constructed by ACHD with the Split Corridor. Unless the existing sidewalk is demolished & reconstructed, which staff does not recommend as the sidewalk is new and is of an adequate width, it's not feasible for the applicant to comply with the Old Town streetscape guidelines. The downtown streetscape guidelines state a typical width for streetscapes is 20 feet (8-foot landscape zone, 8-10 foot wide pedestrian zone, and a 2-4 foot wide frontage zone) unless otherwise specified for an urban area; the minimum width for streetscape profiles should not be less than 15 feet in width. The proposed landscaping and existing sidewalk is generally consistent with the streetscape guidelines except for the frontage zone which isn't feasible to provide. To further enhance the landscape zone, staff recommends additional street trees are added so they touch at maturity within the planter area along W. Cherry Lane and N.Meridian Road with seating,way-finding signs, and a trash receptacle. A mix of trees and bushes are proposed along N. Meridian Road and W. Cherry Lane to screen the drive-through lanes. The row of parking proposed on the coffee kiosk site incorporates a planter island with a mix of trees and shrubs which will assist in screening the parking from the street and public walkways. Additional trees should be added within the planters to provide shade for at least 50% of the parking surfaces at mature growth in accord with the Meridian Design Manual(pg.35). A garden wall with plantings is proposed at the northeast corner of the site to assist in screening the view of vehicles in the drive-through and headlights from the public right-of-way. Signage identifying the entrance to the downtown area is also proposed at the corner; the applicant should coordinate with the Meridian Downtown Development Corporation (MDC) on the design of the signage. A detail of the garden wall, landscaping, and signage should be submitted with the Certificate of Zoning Compliance application along with a letter from MDC approving such. A 12-foot wide landscape buffer is proposed along the southern boundary of the coffee kiosk site adjacent to the residential property with dense landscaping for screening and a 6-foot all white vinyl fence. Public Art: Staff recommends public art is provided on the site as set forth in the Destination: Downtown vision plan for Old Town. The applicant should coordinate with the Meridian Arts Commission (MAC) and the Meridian Downtown Development Corporation (MDC) on the design of the public art. A detail of the public art proposed should be submitted with the Certificate of Zoning Compliance application along with letters from MDC and MAC approving such. Utility boxes exist at the northeast corner of this site. Staff recommends the applicant coordinate with the MAC and MDC to install a wrap to beautify the box. Utilities: Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. Downtown historic pedestrian lighting is not required for this site as it is outside of the designated area requiring such. Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 11 EXHIBIT A A street light plan should be submitted with the Certificate of Zoning Compliance application in accord with the requirements listed in Section 6-5 of the Improvements Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272. The street light plan will need to include an LED Type 1 (30' mounting height with an 8' mast arm) light at the entrance along N. Meridian Road. A Type 2 (25' 100W HPS) light will be required at the entrance on N.W. 1st Street. Street lighting conduit has been provided along N. Meridian Road. It is recommended that the southern driveway off of N.W. 15` Street is removed to deter traffic from cutting through the property to avoid the signal at the intersection of W. Cherry Lane and N. Meridian Road. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications, and ordinances,per UDC 11-3A-18. Two separate stormwater infiltration basins are depicted on the site plan. Parcel Configuration: Although this property appears to consist of one parcel on the Assessor's GIS records, it was platted in 1948 as Lots 1-8, Block 1,Wilson Addition to Meridian subdivision. There doesn't appear to be any easements recorded on the plat for these lots. Staff can't find any record of a lot consolidation being approved for this property. The applicant may apply for a property boundary adjustment to reduce the number of properties from 8 to 3, consistent with the configuration of the proposed site plan; a subdivision is not required. Sidewalks: Detached five foot wide sidewalks are required to be constructed along arterial streets per UDC 11-3A-17C. An attached 7-foot wide sidewalk was recently constructed along W. Cherry Lane and N.Meridian Road with the Split Corridor project. For this reason, and because the new sidewalk is 2 feet wider than typically required, the Director has waived the requirement for a detached sidewalk to be constructed on this site. Building Elevations/Floor Plans: Conceptual building elevations for the coffee kiosk and small restaurant were submitted by the applicant and included in Exhibit A.S. Building materials depicted on the plans for the coffee kiosk include a mix of reclaimed wood,bonderized metal siding, and rusted metal roofing. Building materials for the restaurant are consistent with those of the coffee kiosk with reclaimed wood,metal panels, bonderized batten metal siding,brick, and metal awnings with rusted metal columns. The third building depicted on the site plan at the southwest corner of the site is proposed to be of similar design. Please see Staff's comments above under Dimensional Standards for analysis on the height and form of the proposed and future structures. Staff recommends future restaurant/retail buildings constructed on the site shall be of similar design and construction materials as the coffee kiosk and conceptual elevations shown in Exhibit A.5; they shall also incorporate some kind of architectural feature(s)similar to the kiosk that has an appearance of a two story structure for at least a portion of the building, or be functionally two stories. Design of the structures is required to comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual. Currently,prefabricated steel panels are prohibited as a finish material but may be approved as an accent material. Alternative Compliance to the standards in UDC 11-3A-19 may also be requested as set forth in UDC 11-5B- 5. Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 12 EXHIBIT A Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC prior to construction, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be consistent with the standards listed in UDC 11-3A-19, the guidelines contained in the Meridian Design Manual and the Destination: Downtown vision plan. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed&Recommended Text Amendments to the Unified Development Code 3. Landscape Plan(dated: 5/27/15 7/22/15) 4. Existing Conditions Plan& Site Plan(dated: 5/27/15) 5. Conceptual Building Elevations &Floor Plan B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Parks Department 7. Ada County Highway District C. Legal Description and Exhibit Map for Proposed Rezone D. Required Findings from Unified Development Code Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 13 EXHIBIT A Exhibit A.1: Vicinity/Zoning Map 300 ��, � 6 -s �.Yy00 �j�72�,��� 195 233®� }9tU 1971 �1916� � GC f f 101 :„.7. st:l 200 -C11725,231 3> 1900 1907 , 1896 r"�� 7145! ♦ .Cj 1844 1893 1 �' = �� E Glmel Dr i f >^ 18a5` 1890 76ea 1887 f�, ti �bw! r% . $'��270 'A(1875 ,�y 78872 b � ,, ./// �•�''''',<.:".7/1;,' �yo'Yyi 1;'!\`��r~b 67 i 7980 f M11'.fq f„ 306 318 1848 ` 4;4; ;y;,>-,,, , I , ! 18361 R$ 1627 <,'; - 18.3D ✓.‘,/i,‘,/^.b °' a/^ - 1676! 41, R 8 `' M1b4/ L 55 ' i 314 k„..,-.„,../, 345 `357 369 104 RUT z f — , F7r 1 1808 20 �- 34 236 P 220 132 210 116 226 . 108 300380 L-O L'0 ti 14 I 1 200 f t 23 • :40,133:,•,,,, 1 — — �� i7a { 7.-O 3 -,C-G m^' '" 6 35 201 !010 1617 _ u,, 1618 1633 1682 307 '. " 1607 ��� r",11,,,,;,:,31;",,,,,,,,, 1612 1625 �y/��++ 5 ; - ! %� 41 1 1624 [ 1615 o ,.` 1608 1615 676 1608 C C ( 1az6 464 f - f �' 1487 1606 1607 1546 1611 1603 Ilf ig 7608 R-00 �� -' i.r. 1536 1533 1536 1535 7600 ] 1464 = ' 1528 ` r 1524 1535 ! 1526 1523 ! i 1430 jl ! 1522 1519 ......_. i 1516 ® 1518 - 1406 ! GI 1`AVe--- xi 1506 1505 'Z'' 1508 1505 r 1510 1435 307 - .__ ,g3. 1344 1350 1501 1502 i _ 7504 1431 - 303 8 1432 ! 1{35 1434 r 1423 1420 1 1421 1432 1370 t433 1434 1427 ��w ._. I Z _ 1t A 13 1425 1428 1423 1412 1421. uzD R-8 5 1348 1425 : 1426 1419 k 1411 ---- 1418 1422 1410 276 I -1 828 334'324 316 306 240 230 278 2071 1411 1409 1406 1403 i 1403 1 �� 19 ``- I 1410 7114 _._.... __ E Badley Av. _ _IV/688639,9110 _ 1, I — 1338®m®m 1404 . ! Ib2 1403 1, 134504 11334II 35 4 ______-.- 141° 7323 ' 2]3!225 217® e+p 1332 1335 i 206 17 1336,37139 ® ! 1332 - , 851 1324 \314 306® ! 1712 1329 1328 1331 !1336� 1335 . 230 222 214 nI:II 1323 I .: 1323 1326 1331 .1.__ 1317. 1318 316 ! 1314 1323 132{ 1323 iii s. .. ry 1303r;;—;;37 1 ® 1319 131x - 7 • 1308 1311 1320 i1ll 1312 4 t 3� ( 315 237 231®� 1 132 ! ' 1310 ! 0 • 1304 + 1305 1304 '1254 1305 1304 1247 1235 It `334 1 331', '3.12 238 1:1:11._ :: ! j4 77y Ave 4 1203 • 1302 1___.... 8 : '.. '.'j4i;:i. v. i 133 1231 L-0 1} B7S 1233 — ''',23L-.6'..5,.'i" 236 1237 11 1225 B 1221 1230 315 - �,(`` 37 1233 ',"--r-,33,,,,,,,,,,,,,,:,,,,,•4a 1233 i ' 313 305 239 233225 217 209 20111''\`�� 1717 1222 1223 1 1 1'y a 'm7 1226 � ' 1215 '1222 -72;7'1 •10 1 124 1200 U� 312 W 0 -1205 t 1 336 330 314 304 238 1232122012101202 i 126 12D I 1205 1,11,1.11"11 , 16 2a 38 46 C-C 1175 -3 iN 1 I e_ r 302 1210 zn 358 372 W asM ngtoni4_ ,!_ EWagltiYlgton Alla __-7 I I i i i ! i � � � � i i--, � ----�-. r_ rI00 � 1753 i_______,, 1108 PAGE 14 Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 EXHIBIT A Exhibit A.2: Proposed & Recommended Text Amendments to the Unified Development Code Proposed UDC Text Changes—Additions&t�eletiees E.Interpretation of the inclusion or exclusion of allowed uses shall be made by the director and based on the director's findings in review of the criteria established in chapter 1,"General Regulations",of this title,(Ord.05-1170,8-30-2005,eff.9-15-2005;amd.Ord.07-1325,7-10- 2007) TABLE 11-2D-2 ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS Use 0- TN- TN- T C R Artist studio' P P - Arts, entertainment or recreation facility, indoors' P C - Arts,entertainment or recreation facility, outdoor stage or C C - music venue Arts,entertainment or recreation facility, outdoors' ( C C - Building material,garden equipment and supplies' C Church or place of religious worship' P P C Civic,social or fraternal organizations' P C C Conference center P j - Construction sand and gravel mining f C C C Daycare center' C C C Daycare,family' IA A A I Daycare, group" P II P C Drinking establishment' C C - Drive-Through EstablishmentC - Dwelling, secondary' A A A Dwelling,single-family attached P p P Dwelling, single-family detached P C P Dwelling, townhouse P P P Dwelling, two-family duplex IP C P Education institution, private' I P C C Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 15 EXHIBIT A UDC 11-4-3-11: Drive-Through Establishment: (Applicant's proposed changes are noted in strike-out, red bold underline format; staff's recommended changes are noted in strike-out,red bold italics underline format.) A.A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area,pick up windows, and exit lanes)is: 1) not within three hundred feet(300')of another drive-through facility, a residential district,or an existing residence; er 2) separated by an arterial street from any other drive-through facility,residential district or existing residence;or 3) not within the O-T zoning district. Otherwise a conditional use permit is required. B. All establishments providing drive-through service shall identify the stacking lane,menu and speaker location(if applicable), and window location on the certificate of zoning compliance or the conditional use permit.Speakers are prohibited in the O-T zoning district. C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties.At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right of way by patrons. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking,except stacking lanes may provide access to designated employee parking. 3. The stacking lane shall not be located within ten feet(10') of any residential district or existing residence. 4. Any stacking lane greater than one hundred feet(100') in length shall provide for an escape lane., . • . . . . . • • • . • • . . • . • • . . • . , • . , . . .. • • . . (Staff does not recommend approval of the proposed change.) 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. D. The applicant shall provide a six foot(6') sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. (Ord. 12-1514, 5-16- 2012,eff. 5-21-2012) Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 16 EXHIBIT A Exhibit A.3: Landscape Plan (dated: 5/27/15 7/22/15) THE HUMAN BEAN & OTHER RETAIL MERIDIAN,IDAHO ._. CONDITIONAL USE PERMITr:,, W.CHERRY LANE ?* s. .o ,,.r ur, ,1. Z k L� b' C Property w • �� N O i t ,...4., 1 .„,,, �'i I PA E ;I, L � tn. o 1r. Z a WI It 2 \� -' + r“I—1-} r`' I. Simi — i_1 1 1}1.1 1 I J 3 j �I .-w.- s W - r s,� j /SITE LOCATION MAP t til !� (. ui �'�- 1 _ O PROJECT CONTACT INFORMATION i ly i .r.v ---r-,------,..-------`� ice'-3` A AnClilirler y O ^W7 j I -"- E IMMO Tom. 1 jl .h_ - ... V I PARCEL aI 1._ �" m i I P{TNRB Ii � -� \� IZ .R m 1 I i:i d ,-� PROPIIRTY SUMMARY f I I ` PROJECT CALCULATIONS , / ✓ « w.'.„u,y� 3 ,tur. wa \ :,oer�.=c,. .. ' 3.4m owm lener. Narr LANDSCAPE PLAN .'�>r.c. m,,�.,„'.' ^..,r..--- D c.... ,>•.,.,,,..,..,�.u,,.,'•„ SSE»MT res slam teras><.ar,r.Aam1110ra ® }u. e ,. z aves MID'mirror*as:atu S«.rlC�ti .,,,m a JIM c.-,.:4::::, ...ow L1.O Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 17 EXHIBIT A Exhibit A.4: Existing Conditions Plan& Site Plan (dated: 5/27/15& 7/14/15) THE HUMAN BEAN MERIDIAN,IDAHO , CONDITIONAL USE PERMIT N -__-----. —.-- .. __. \____. __ .. •....� EXISTING PROPERSY 6UMART 2�} xn W i 1. LOT LINE ADJUSTMENT NOTES ' 1 ' N z . ,,.,..,. , _ W.CHERRY LANEI u .- ' �N".. ,., — - — `- — — — — - — — —1 I .,.. ...,. z- 15 — 11 — - — I 4 stir--. , W I '',.'"4 `s R8 E :. .. u v • $,{'I m 14 If ,Ia l y t _ j E " "v1„ � • ' . lr a # t41 x 11 i L. I4 i A ii . La 9 1 , { a rraL..., y-'� 1 1131 Y t .[¢ _t ,' z i 1 i � iii ftvrt = _ �� i. LL 1 t x.77:1 r.:. I ' i i - ; - ...r II 1 EXISTING CONDITIONS PLAN JT,}• 7' 1 .a , L. I ,qa r E VJ ... Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 18 EXHIBIT A — THE HUMAN BEAN & OTHER RESTAURANT/RETAIL IV MERIDIAN,IDAHO REZONE APPLICATION • — uy PROJECT CONTACT INFORMATIONZ orye. "e+rumen C 1. Z 2 "' mA. r ___- _ r`r W+ i i. :� N ..r�r-x r r. _m _ W.CHERRY LANE: Z s c r c..�._r — — — — — — ._ PROPERTY SUMMARY W 1 _ . rte, C 2 -1 f --;- �, .n r rm [^ r '-'''''' '''''..,0'..:.. , �,.- Y } — DJUS M Ni NOTES ` lAT LINE A 5 ,. aw 071_- pRE o R Fe 1 • 2 I INDEX OP DRAWINGS Y_ m __ C T S c- `irt` n� �a III 1 w E: E FTF-E• „id:..-:. I I � T l a b 4 1 { "renv' @d 1[ t . I I PARCEL 3I L t • j �� Pwacm.I Y w m " •"1 1 - 1 41 1 �; a l� I „[�,.AP i ' f ."Zi• .. , . .'.. ' SITE CONCEPT PLAN k r..,,,r_•7, r rr m . [u.we sa _o rre.... .m I Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 19 EXHIBIT A Exhibit A.5: Conceptual Building Elevations & Floor Plan RUSTED METAL ROM METAL MING 0 7 g RECAANED WOOD SAR AND OOLLANS WERE METAL PANEL W+ 0 SCULL 5.1,5. MAME g gj -1 RUSTED METAL ROOF '4* RFCLAIMED I ES MOO - x BOYDERDIZED •.*fr ETA-SONG Irga "FJ3SPEC1IVE SKET 2 z.°:.-ns•T "— D. A3.0 ,; 47004-4 BEAN v-- .43 • )74k Z.,• Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 20 EXHIBIT A _ - _ _ i f: , =il= � — --- - ....�..1.. .—=_---_ —_ ... S _. r , NE 11,, SI7L L1 !l \ATIO FRCN ; A..T,Y NiYak q .t f @ ...lihi . .,..,. ;..mill _ I/ _ _ �= — r.. 7m lul rl 1. if iii II I mei G--...LEVATIW Y.. n•��/ �REARELE ATkP 111 I i I 1 1 * Wii tas g4! A2.O lbw 1 WALK-UPI °a co o•o EI I -- r ,41 r-- - , - '� DR VE- 1 DRIVE- THRU --I THRU ilo ''i I t L 3:, f-- 1 I Y L1 ---I -! I • � I Hi)MAN BEAN L_i F-.' j 1 gqp I I . I 1 b I It ti -. k 3 8F a', VS pqpq E U U 1C).1. , ! i2E7RO0M' wR I ', L, Frt190Aw 1 a, i+ 1 S E:pl.µ1-0 --- A1.0 • w,u=rwz e..w„w 1 , Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 21 EXHIBIT A B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement(DA) is required as a provision of rezone of this property. Prior to the rezone ordinance approval,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of rezone ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two(2)years of the City Council granting approval of the rezone. The DA shall, at minimum, incorporate the following provisions: a. Development of the site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A,the design standards listed in UDC 11-3A-19, the guidelines contained in the City of Meridian Design Manual, the Destination: Downtown vision plan,Comprehensive Plan and the conditions in this report. b. Future restaurant/retail buildings constructed on the site shall be of similar design and construction materials as the coffee kiosk and conceptual elevations shown in Exhibit A.5; they shall also incorporate some kind of architectural feature(s) similar to the kiosk that has an appearance of a two story structure for at least a portion of the building,or be functionally two stories. c. The applicant, in partnership with the Meridian Are:, Commi3sion (MAC) and the Meridian - - -- •-- . ••• • ! , shall provide a garden wall, public art and an -• • • - -- -- . -. at the northeast corner of this site at the intersection of W. Cherry Lane and N. Meridian Road. An area shall also be reserved at this corner for public art and/or an entry sign to the downtown area if a partnership can be reached with the Meridian Downtown Development Corporation (MDC) and the Meridian Art's Commission (MAC) for the provision of these items. •- ... ' . . . .. . - •- . _ -- •_ _ - - - •••. != . •- ! -. •-• •rporation (MDC) and the public art with the Meridian Arts Commission (MAC). A detail of the garden wall, sign and public art shall be submitted with the Certificate of Zoning Compliance application, along with a letter from the MAC and MDC stating support of the design and location thereof; a separate sign permit is required. These items shall be completed prior to issuance of the first Certificate of Occupancy for the site. d. The applicant shall coordinate partner with the Meridian Arts Commission (MAC) and the !. • ! - .. - .. ! •- . :"- letter from MAC and MDC stating support of the design. . e. Direct lot access to Cherry Lane is prohibited; only one right-in/right-out driveway via Meridian Road and one full access driveway via N.W. 1'Street are allowed. f. Outdoor speakers are prohibited on this site. g. A cross-access easement shall be granted to the property to the south at 1611 N. Meridian Road (Parcel #R9453000076) for access to the driveway on the site via N. Meridian Road in accord with UDC 11-3A-3A. A provision shall be added to the agreement that allows the owner/developer of the adjacent parcel to remove a section of the fence as necessary for access. A copy of the recorded easement shall be submitted to the Planning Division with the Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 23 EXHIBIT A first Certificate of Zoning Compliance application. The applicant shall work with the adjacent property owner to the south in determining the location of the easement as well as inquiring if the owner would prefer to have the entire area landscaped or a driveway stub constructed with only a portion of the area landscaped at this time. If the owner prefers the stub is not constructed at this time, the easement should allow for the future construction of a driveway on the subject property. 1.1.2 The developer shall comply with the specific use standards listed in UDC 11-4-3-11: Drive- Through Establishments as modified with this application. 1.1.3 The landscape plan included in Exhibit A.3,dated 5/27/15, shall be revised as follows: a. Landscaping shall not obscure the view of the service windows from W. Cherry Lane and N. Meridian Road in accord with UDC 11-4-3-11C. b. Additional trees shall be added within the landscape planters within the parking area to provide shade for at least 50% of the parking surfaces at mature growth in accord with the Meridian Design Manual (pg. 35). N. Meridian Road and W. Chcrry Lane along with sSeating, way-finding signs, and a trash receptacle(s) shall be added within the street buffers along N. Meridian Road and W. Cherry Lane. d. Include a detail of the garden wall proposed at the northeast corner of this site. e. A twenty foot wide access driveway shall be provided to the property to the south at 1611 N. Meridian Road (Parcel #R9453000076) in accord with UDC 11-3A-3A unless the property owner prefers to have landscaping only at this time as discussed above in DA provision #1.1.1g. 1.1.4 The site plan included in Exhibit A.4, dated 5/27/15, shall be revised prior to the City Council meeting as follows: a. A detail of the bike rack shall be shown on the plan that complies with the standards listed in UDC 11-3C-5C. 9 • • . . • , ` . . . . . . • . :. . .• • • • • . . . . . , wi'ndow's-, • d. Employee parking shall be designated as such with a sign and/or paint on the stall. e. A twenty foot wide access driveway shall be provided to the property to the south at 1611 N.Meridian Road(Parcel#R9453000076) in accord with UDC 11-3A-3A. 1.1.5 A blanket cross-access easement shall be recorded for this site for connectivity to access driveways for all businesses. A separate easement may be recorded, or a note may be placed on the record of survey associated with a future property boundary adjustment application. 1.1.6 A street light plan should be submitted with the Certificate of Zoning Compliance application in accord with the requirements listed in Section 6-5 of the Improvements Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272. The street light plan will Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 24 EXHIBIT A need to include an LED Type 1 (30' mounting height with an 8' mast arm) light at the entrance along N. Meridian Road. A Type 2 (25' 100W HPS) light will be required at the entrance on N.W. 1st Street. Street lighting conduit has been provided along N. Meridian Road. It is recommended that the southern driveway off of N.W. 1S` Street is removed to deter traffic from cutting through the property to avoid the signal at the intersection of W. Cherry Lane and N. Meridian Road. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk,use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses,as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 25 EXHIBIT A 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1)commence the use within two years as set forth in UDC 11-5B-6F1 or 2)gain approval of a time extension as set forth in UDC 11-5B-6F4. 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division,prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to install a sanitary sewer mains into the project site from the existing stub. The existing sanitary sewer main bisecting the property will be abandoned in place in the future, however until it is abandoned,the applicant shall retain and protect the mainline. 2.1.2 A street light plan will need to be included in the final construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public works.aspx?id=272. The street light plan will need to include an LED Type 1 (30'mounting height with an 8'mast arm) light at the entrance along Meridian Road. A type 2(25' 100W HPS) light will be require at the entrance on 1st Street. Street lighting conduit has been provided along Meridian Road. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code(MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall be dedicated using the City of Meridian's standard forms.Applicant shall submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. All easements must be submitted,reviewed,and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant shall be required to use any existing surface or Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 26 EXHIBIT A well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required.If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services.Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.2.8 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, and acceptable roadway access shall be in place,prior to applying for building permits. 2.2.9 All development improvements,including but not limited to sewer and water,fencing,micro- paths,pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.10 Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 2.2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.15 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.17 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.18 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 27 EXHIBIT A 2.2.19 100 Watt and 250 Watt,high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.20 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 Access to N.W. 1st Street shall be limited to one access in the general location of the northern driveway depicted on the site plan. The applicant shall take into consideration the impact on the neighbors across the street to the west in regard to headlights shining in their windows in the location of the driveway. 4. POLICE DEPARTMENT 4.1 Access to N.W. 1'Street shall be limited to one access in the general location of the northern driveway depicted on the site plan. The applicant shall take into consideration the impact on the neighbors across the street to the west in regard to headlights shining in their windows in the location of the driveway. 5. REPUBLIC SERVICES 5.1 Republic Services had no comments on this application. 6. PARKS DEPARTMENT 6.1 Prior to removal of any trees on the site,the applicant shall contact Elroy Huff, City Arborist, at 208-371-1755 to schedule an inspection to determine mitigation requirements for healthy trees on the site,4-inch caliper or greater,that are proposed to be removed in accord with the provisions listed in UDC 11-3B-10C. 7. ADA COUNTY HIGHWAY DISTRICT ACRD had no comments on this application as all of the improvements are already in. Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 28 EXHIBIT A C. Legal Description and Exhibit Map for Proposed Rezone COMPASS LAND SURVEYING, P.L.L.C. 6940 N. Linder Road Telephone: (208)442-0115 Meridian, Idaho 83646 Fax: (208) 327-2106 Email:jeffwb.clajgmail.com Client: Rennison Engineering Date: April 30,2015 REZONE DESCRIPTION A parcel of land located in the Northeast 1/4 of the Northeast 1/4 of Section 12,Township 3 North, Range 'West,Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the Northeast corner of said Northeast 1/4, from which a brass cap monument marking the Southeast corner of said Northeast 1/4 bears South 00°23'19"West,2651.92 feet; Thence along the Easterly boundary of said Northeast 1/4 and the centerline of N. Meridian Road, South 00°23'19"West, 289.85 feet(formerly 289.88 feet)to a point; Thence leaving the said Easterly boundary and the center line of said N.Meridian Road,North 89°36`41"West,30.00 feet to a point on the Easterly boundary of Lot 9 Block 1 of Wilson Addition to Meridian as shown in Book 12 of Plats on Page 708,Records of Ada County, Idaho; Thence along a line being 10.00 feet Southerly of and parallel to the Southerly boundary of Lot 8 BIock 1 of said Wilson Addition to Meridian,North 89°27'52"West, 128.00 feet to a point on the Westerly boundary of said Lot 9; Thence along said Westerly boundary,North 00'23'19" East, 5.05 feet to a point; Thence leaving said Westerly boundary and along a line being 5.00 feet Southerly of and parallel to the Southerly boundary of Lot 7 Block 1 of said Wilson Addition to Meridian,North 89°2544" West, 158.00 feet to a point on the center line of NW 1st Street; Thence along the centerline of said NW 1st Street, North 00'23'19"East,284.89 feet to point on the Northerly boundary of said Northeast 1/4 and the center line of W. Cherry Lane; Thence along said Northerly boundary and the center line of said W. Cherry Lane, South 89°26'40""East,316.00 feet to the POINT OF BEGINNING. Said parcel contains contain 2.08 acres more or less. 47 44'OF Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 29 EXHIBIT A 1/4 Corner REZONE EXHIBIT Section Corner Sections 1 & 12 LOCATED 1N SECTION 12, TOWNSHIP 3 NORTH. RANGE 1 WEST. B.M. "PLS 5291, 2013" CP&F No. 2015011237 CITY OF MERIDIAN, ADA COUNTY, IDAHO CP&F No. 113105589 r � — _ S 89'26'40" E — .2655.21' 1 6 S 89'26'40' E 316.00' 12 —�� W. CHERRY LANE I IN 01 0 n co m 4 N co Ql N W CO PARCEL R9453000007 I I F+ REZONE BOUNDARY Vi 2.08 ACRES ± 1LEGEND -4 ask al F 0 Calculated point M O cl e Found brass cap o1 Z W 001 ® Set 5/8 inch dia. x 30 inch iron Zi pin w/plastic cop PLS 11574 — — — — Rezone Boundary line — Section/Center line i 1 1 A _ _ � - U n N 89'25'44' W 158.00' N 89'27'52` W n 0 ; �►. 128.00' o J wJ J r _ UNE UNE TABLE t 1BEARING DISTANCE d›:.! /py.� L1 N 89'36'41" W 30.00 1/4 Corner Pg Df�O 41/4 0 30 60 120 L2 N 00'23'19" E 5.05 to �� Sections 12 & 7 FFE BEp6V �� "PLS 11118, 2013" J Scale: 1" = 60' CP&F No. 114006712 ' Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 30 EXHIBIT A D. Required Findings from Unified Development Code 1. Unified Development Code Text Amendment: Upon recommendation from the Commission,the Council shall make a full investigation and shall, at the public hearing,review the application. In order to grant a text amendment to the Unified Development Code,the Council shall make the following findings: a. The text amendment complies with the applicable provisions of the comprehensive plan; The City Council finds that the proposed zoning ordinance amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of this report for more information. b. The text amendment shall not be materially detrimental to the public health,safety,and welfare; and The City Council finds that the proposed zoning ordinance amendment will not be detrimental to the public health, safety or welfare. It is the intent of the text amendment to further the safety and welfare of the public. c. The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including,but not limited to,school districts. The City Council finds that the proposed zoning ordinance amendment does not propose any changes to how public utilities and services are provided to developments. All City departments,public agencies and service providers that currently review applications will continue to do so. Please refer to any written or oral testimony provided by any public service provider(s)when making this finding. 2. REZONE: Upon recommendation from the Commission,the Council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds the proposed rezone to the O-T district is consistent with the Old Town future land use designation for this site and with the provisions of the Comprehensive Plan as noted in Section VII of this report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to O-T and proposed development is consistent with the purpose statement of the traditional neighborhood district in that it will contribute to the variety of services available within the City's downtown area. c. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Human Bean ZOA-15-001;RZ-15-010;CUP-15-014 PAGE 31 EXHIBIT A d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including,but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City(UDC 11-5B-3.E). Because this application is for a rezone,this finding is not applicable. 3. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s)is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed in accord with the conditions of approval in Exhibit B,the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the O-T zoning district and the specific use standards for multi-family developments. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed coffee kiosk and future restaurant/retail uses will be harmonious with and meet the objectives of the Comprehensive Plan. c. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the proposed development will be compatible with existing and future residential and commercial uses in the vicinity and with the existing and intended character of the vicinity so as to not adversely change the character of the area. d. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection,drainage structures, refuse disposal,water,and sewer. The City Council finds that sanitary sewer,domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department,Police Department and other agencies included in Exhibit B. EXHIBIT A f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site.No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however,whenever undeveloped property is developed,the amount of traffic and noise does increase. h. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. SECOND AMENDMENT to PROFESSIONAL SERVICES AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS, INC. This SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS, INC. ("Second Amendment") is made this day of September, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Trauma Intervention Programs, Inc., a nonprofit organization organized under the laws of the State of California ("TIP") (collectively, "Parties"). WHEREAS, on May 27, 2014, the Parties entered into an Agreement entitled, "Professional Services Agreement with Trauma Intervention Programs, Inc." ("May 27, 2014 Agreement") establishing the Parties' respective rights and responsibilities regarding the provision of comprehensive emotional and practical support services, on an as -needed basis, to victims of emergency situations and traumatic events; WHEREAS, the estimated population of Meridian has increased, and as agreed in the May 27, 2014 Agreement, the payment calculation must be adjusted accordingly; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the May 27, 2014 Agreement, TIP and the City hereby agree and contract as follows: I. Provisions modified. The following provisions of the May 27, 2014 Agreement shall be amended to read as follows. A. Section III of the May 27, 2014 Agreement shall read as follows: III. TERM. This Agreement shall become effective as of October 1, 2015, following execution by both parties, and shall expire on September 30, 2016, unless earlier terminated or extended in the manner as set forth in this Agreement. B. Section IV of the May 27, 2014 Agreement shall read as follows: IV. PAYMENT. Within thirty (30) days of receipt of invoice; completed W-9 form; proof of insurance as required by this Agreement; and execution of agreements with City of Eagle, City of Garden City, City of Kuna, City of Meridian, City of Star, and Ada County Sheriff's Office, City shall pay TIP a maximum amount of ten thousand nine hundred and fifty-seven dollars ($10,957.00) for the services to be performed hereunder. It is understood by the Parties that this amount represents twelve cents per City resident (i.e. 91,310 persons times 00.12 cents per capita). City shall not withhold any federal or state SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Prim TIP, INC. PAGE 1 OF 3 income taxes from any payment made by City to TIP under this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of TIP. IL All other provisions in effect. Except as expressly modified by this Second Amendment or other duly executed addenda, all provisions of the May 27, 2014 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the May 27, 2014 Agreement or this Second Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this Second Amendment to be, executed by their duly authorized officers to be effective as of the day and year first above written. TRAUMA INTERVENTION PROGRAMS, INC: Wayne Fol o in, Chief Executive Officer SEE ATTACHED FOR0, FFICIAL NOTA Y WORDING STATE OF CALIFORNIA County of On me, Notary Public, personally appeare Wayne Fortin who proved to me on the basis o atisfactory evidence to be the person who name is subscribed to the within instrument and clorowledged to me that he executed the same in hi authorized capacity and that by his signature on a instrument the person upon behalf of which t e person acted, executed the instrument. I certify under P ALTY OF PERJURY under the laws of the Stat of California that the foregoing paragraph is tq6e and correct. hand and official seal. Place Notary Seal Above Signature of Notary Public CITY OF MERIDIAN: BY: Tammy d eerd, Mayor SECOND AMENDMENT TO PROFESSIONAL SERVICES AGMEMENT WITH TIP. INC. PAGE 2 OF 3 Attest: City Clerk ,.,� Cityof E IDIAN�-- r`n J SEAL T6 ,p nth, [AEO,U SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TIP, INC. PAGE 3 OF 3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT (CALIFORNIA CIVIL CODE § 1189) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On Ullq dO (S before me,� P%Q f�li G (Da e) (Her Insert Name bnd Title oft fficer) personally appeared ) Ae—_ UL—IL-6n who proved to me on the basis bf atisfactory evidence to be the ersonj-+whose name is are -- subscribed to the within instrument and acknowledged to me tha h e/they executed the same in is /tbeir authorized capacity(.ie*and that b his laer/tgeir signature(&) on the instrument the person(s)—,or the entity upon behalf of which the person(c�)zicted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. K LLYWANDA,WITNES my hand ano official ConMNN190 N 2195422 L i *"y Pubk • Callloi nia stn ONpo County Signature of N ary Public (Notary Seal) %=.Uj6ugr29,2019 ADDITIONAL OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Additional Information: revision date 01/01/2015 Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Professional Services Build Professional Services Agreement with Idaho Division of Building Safety for Mechanical Plan Review and Inspection Services MEETING NOTES �104 PW 14 �L rw 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 BETWEEN IDAHO DIVISION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this J— day of Se,�bqY�, 2015, by and between IDAHO DIVISION OF BUILDING SAFETY ("Contractor"), whose address is 1090 East Watertower Street, Suite 150, Meridian, Idaho and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS the Division is self-governing agency of the State of Idaho having statutory authority under Idaho Code sections 54-1001C and 67-2601A to enter into contracts with a municipality for the purpose of performing mechanical inspector and mechanical plan review services; and WHEREAS the City is a municipal corporation created under the laws of the State of Idaho and as such is authorized by Idaho Code sections 39-4116(2); 54-5001 and 39-4116(4) to adopt and enforce building codes and local amendments thereto and by Idaho Code sections 39-4116(1), 50-301, 54-5006(3) to enter into contracts with the Division for the purpose of performing mechanical inspector and mechanical plan review services in accordance with such codes and local amendments; and WHEREAS the City Council of City finds that it is in the best interest of the health safety and welfare of the people of the City of Meridian to enter in to a contract with the Division to provide for mechanical inspector and mechanical plan review services; and WHEREAS the Division though its statutory authority and pursuant to the terms of this Agreement has also determined that it is in the best interest of the Division to enter into such an Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by section I. (D) herein. Contractor shall notify the City -Contractor Liaison of any and all such designations. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE I OF 17 C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegees shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Mechanical field inspectors shall be certified per section I.(D)(1)(2) herein. Mechanical plan reviewers shall be certified per section I.(D)(3) herein. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by Idaho Code Title 54, Chapter 50, and 54-5021; within thirty (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: 1. ICC Commercial Mechanical Inspector; 2. ICC Residential Mechanical Inspector; 3. Within six (6) months of execution of this Agreement, ICC Mechanical Plans Examiner; 4. Any and all other certifications required by law. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Services. F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City - Contractor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this Agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 2 OF 17 professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City -Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H. Public Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records, and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. State's Insurance. The Division of Building Safety (Contractor) is a State of Idaho agency and provides liability coverage for public liability, personal injury, death, and property damage through the Risk Management Program established under Idaho Code section 67-5776, which is funded and in effect subject to limitation on liability of the Tort Claims Act, Idaho Code sections 6-901 et seq. J. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. K. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Tablet PCs and Related Equipment Issued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City -issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City -issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City -issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City -issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 3 OF 17 City and made available to the Contractor for this purpose. One soft -bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City -Contractor Liaison. City shall designate a City employee to act as a City -Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the City -Contractor Liaison. HI. GENERAL PROVISIONS. A. Term. This Agreement shall become effective on October 1, 2015, and shall expire on September 30, 2018, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term may be extended by separate written addendum, duly executed by both parties. B. Appropriation. By signing this Agreement both parties understand and agree that Division and City are governmental entities. This Agreement shall in no way or manner be construed so as to bind or obligate Division, City, or the State of Idaho beyond the term of any particular appropriation of funds by the Idaho Legislature or Meridian City Council as may exist from time to time. Each party reserves the right to terminate the agreement if, in its sole judgement, the legislature of the State of Idaho or the Meridian City Council, as the case may be, fails, neglects, or refuses to appropriate sufficient funds as may be required for the Division or City to continue their required performance under the agreement. Any such termination shall take effect on sixty (60) days prior notice and be otherwise effective as provided in this Agreement. C. Revenue Allocation. Contractor shall be entitled to sixty-five percent (65%) of all commercial and residential mechanical permit fees collected by the City collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract, attached hereto as Exhibit D, Fee Schedule. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is aelmowledged by the PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECHON SERVICES PAGE 4 OP 17 parties that the City collects permit fees when permits are issued. Contractor shall be entitled to Contractor's allocated share of permit revenues for all permits issued during the term of this Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform sel vices under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 5 OF 17 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. I. Notice. Communication between the City -Contractor Liaison and Contractor regarding day-to- day and administrative matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Attn: Development Services Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Idaho Division of Building Safety Attn: Administrator 1090 E. Watertower Street, Suite 150 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. J. Termination. 1. Mutual Consent. This Agreement maybe terminated at anytime by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non - terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (3 0) business days or for such period as the parties may agree. During the additional thirty -day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15 -minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 6 OF 17 a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f. If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or i. If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. K. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Liability. City and Division each shall be responsible only for the acts, omissions or negligence of its own officers, employees or agents. Nothing in this Agreement shall extend PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 7 OF 17 the responsibility or liability of either City or Division beyond that required by the Idaho Tort Claims Act. Each party shall defend itself against any claims that arise solely from wrongful acts, omissions or negligence of its officers, employees, or agents in the course of the performance of this Agreement, but shall not assume responsibility for the acts, omissions or negligence of the other party or the other party's officials, employees, agents and volunteers. Each party shall promptly notify the other party of any claim arising under this Agreement and shall cooperate fully with the defending party or its representatives in the defense of such claims. N. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. O. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This agreement supersedes, terminates, and otherwise renders null and void any and all prior agreements or contracts entered into between the Parties with respect to the matters herein expressly set forth, specifically to include the version executed by the Parties on September 4, 2012. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. S. Attorney Fees. In the event an action, suit, or proceeding, including appeal there from, is brought for failure to observe any of the terms of this Agreement, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 8 OF 17 the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. IDAHO DIVISION OF BUILDING SAFETY, INC.: C. Kelly Pearce, Administrator CITY OF MERIDIAN Tammy /rd, Mayor` Attest: �/ ores« TaDnu �sT 9 .-- t 1 f1 w a �,city of mono City Clerk SERI n FET P� fq ��Ebe'(PEAS�Q� PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 9 OF 17 EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall perform comprehensive commercial and residential mechanical and energy plan reviews prior to permit issuance, and perforin detailed mechanical inspections for any and all building projects in the City of Meridian. These plan reviews and inspections are to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. L SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor shall be responsible for performing comprehensive commercial and residential mechanical and energy plan reviews prior to permit issuance, for any and all building projects in the City of Meridian. Plan review shall be performed before permits are issued. Contractor shall ensure that the approved plans are on-site prior to performing mechanical inspections. B. Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m. and 8:00 a.m. on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a.m. and 11:59 p.m. on a City business day shall be performed the next business day. Each and every field inspection requested on a non -business day shall be performed the next business day. C. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensure accurate valuation. If project scope change occurs, Contractor shall notify the City -Contractor Liaison so that proper adjustments in submittals and valuations are achieved. D. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, field inspections and re -inspections, inspection notes, pass/fail status, and final inspection status. Contractor shall also conduct research as needed for archived information. Contractor shall specify regular or double inspection fees as required. Data entry for every mechanical inspection shall immediately be entered following the completion of the inspection. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. F. Code Amendments and Technological Advancement. Contractor shall monitor legislation and technical developments that may affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. Contractor shall be PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 10 OP 17 responsible for all associated costs. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City -Contractor Liaison any observed violations of City Code of which Contractor has knowledge, as well as the current International Building Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. H. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. MECHANICAL PLAN REvrEw a. Commercial Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications. (2) Contractor shall provide mechanical and energy plan review comments, redlines, re- submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (3) City staff shall install the initial electronic plan files into the city database for all projects requiring mechanical and energy plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance with the most current version of "Com Check" for the mechanical systems and equipment on all commercial projects. b. Tenant Improvement Projects (1) Contractor shall perform plan review for tenant improvement projects. (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement" projects no more than three (3) business days after receipt of complete application. City will notify Contractor of "Fast Track Tenant Improvement" projects through notification in the City's computerized permit tracking program. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE I1 of 17 (3) Contractor shall provide plan review continents, redlines, re -submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (4) Contractor shall perform plan review for compliance with the most current version of "Com Check" for the mechanical systems and equipment on all commercial projects. (5) City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. c. Residential Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications. (2) Contractor shall provide plan review comments, redlines, re -submittal requests and other correspondence via email to mechanical designer, contractor, owner of record, and to City. Contractor shall archive same in the manner and in the location specified by City. (3) Contractor shall install the initial electronic plan files into the city database for all projects requiring mechanical plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance with the most current version of "Res Check" and/or prescriptive or performance based energy submittals for the building envelope and mechanical systems and equipment for all residential projects. (5) Contractor shall perform a WrightSoft, or equivalent, energy plan review on all new single family homes and maintain records of these specific energy plan reviews per Idaho Statute record retention laws for residential. 2. MECHANICAL INSPECTIONS a. Commercial and Residential Projects (1) Contractor shall perform all mechanical and energy inspections for commercial and residential projects, from initial inspection through final inspection. City shall provide all pass/fail inspection tags, and notices for Contractor use. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 12 OF 17 (2) Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day. If the request is received on a non -business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for final mechanical inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. (4) Contractor shall input all mechanical inspection information into the tablet PCs using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific information related to inspection, correction notices, and re -inspection. (5) Contractor shall perform as many inspections as necessary on any permit. Contractor may assess re -inspection fees, per the adopted fee schedule, if items from a previous correction notice are not corrected when a new inspection is requested. IL SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display a City -issued photo identification badge. 2. Provide a City -issued business card during field inspections, as appropriate. 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than IDAHO DIVISION OF BUILDING SAFETY. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 13 OP 17 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co- workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 14 OF 17 EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR AssetjD Tag Number Equipment 100558 Motion Computing Tablet 100563 Motion Computing Tablet 100565 Motion Computing Tablet 100572 HP Mobile Printer 100573 HP Mobile Printer 09561 20OW Power Inverter 09558 20OW Power Inverter N/A Misc. Charging adapters and tablet cases for each unit PROFESSIONAL SERVICES AGREFNmNT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 15 OF 17 EXHIBrl' C PAYMENT SCHEDULE MECHANICAL INSPECTION - PAYMENT SCHEDULE Type of Permit Milestone Amount to be paid Mechanical Commercial —New Mechanical Residential — New Permit issuance 100% of fees due Contractor All other permit types Permit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 16 OF 17 EXHIBIT D FEESCHEDULE Mechanical Fee Schedule 01. Base Fee - Applied to all permits..........................................................$50.00 02. Fixtures and Appliances — Furnace, fainace-air conditioner combination, heat pump, air conditioner, evaporative cooler, unit heater, space heater, decorative gas fired appliance, incinerator, boiler, pool heater and similar fixtures or appliances. First = $35.00 Each Additional = $15.00 each 03. Exhaust and Ventilation Ducts — Exhaust or ventilation duct such as dryer vents, range hood vents, cook stove vents, bath fan vents and the similar exhaust and ventilation ducts. First = $15.00 Each Additional = $5.00 each 04. Fuel Gas Piping — Fixture or appliance outlets for the fuel gas piping system. First = $15.00 Each Additional = $5.00 each 05. Fireplace Only Permit - $50.00 base permit fee plus Fixture charge of $35.00 for 1 st and $15.00 for each additional fixture (this is with gas piping already in place or permitted by others) 06. Multi -Family and Commercial; Project Valuation Table: For projects $20,000 or less = 3% (.03) of job value plus $50.00 base permit fee For projects $20,000 through $100,000 = 2% (.02) of job value over $20,000 plus $650.00 For projects $100,000 through $200,000 = 1% (.01) of job value over $100,000 plus $2,250.00 For projects $200,000 or more ='/2% (.005) of job value over $200,000 plus $3,250.00 07. Re -Inspection Fee's - $45.00 for first re -inspection $90.00 for double re -inspection fee 08. Late Fee's — Double permit fee 09. Work constructed without a permit — Double permit fees will be the minimum charge assessed. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 17 OF 17 Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: Professional Services Building Safety Electrical Professional Services Agreement with Idaho Division of Building Safety for Electrical Plan Review and Inspection Services MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this 1_ day of Se Vjeom y, 2015, by and between Idaho Division of Building Safety ("Contractor") whose address is 1090 East Watertower Street, Suite 150, Meridian, Idaho and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS the Division is self-governing agency of the State of Idaho having statutory authority under Idaho Code sections 54-1001 C and 67-2601A to enter into contracts with a municipality for the purpose of performing mechanical inspector and mechanical plan review services; and WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and WHEREAS the Division though its statutory authority and pursuant to the terms of this Agreement has also determined that it is in the best interest of the Division to enter into such an Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by section I. (D) PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 1 OF 17 herein. Contractor shall notify the City -Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. The "assigned" or "designated" electrical plan reviewer(s) for the City of Meridian shall be certified as stated per section L(D)(3) herein. All electrical inspectors "assigned" or designated" for the City of Meridian shall be certified per section I. (D)(1)(2) herein. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by Idaho Code Title 54, Chapter 10, and 54-1019; within thirty (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Association of Electrical Inspectors (IAEI) certifications: 1. IAEI Certified Electrical Inspector - General (2E); 2. IAEI Certified Electrical Inspector Master (CEI -M) or obtain within 1 year of execution of this agreement; 3. IAEI (NCPCCI) Plan Review Certified (2C) or obtain within 6 months of execution of this agreement; 4. Any and all other certifications required by law. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Services. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REvIEw AND INSPECTION SERVICES PAGE 2 of 17 F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City -Contractor Liaison. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this Agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City -Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H. Public Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records, and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. L State's Insurance. The Division of Building Safety (Contractor) is a State of Idaho agency and provides liability coverage for public liability, personal injury, death, and property damage through the Risk Management Program established under Idaho Code section 67-5776, which is funded and in effect subject to limitation on liability of the Tort Claims Act, Idaho Code sections 6-901 et seq. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. K. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Tablet PCs and Related Equipment Issued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City -issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 3 OF 17 condition. City shall perform all necessary maintenance and repair of City -issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City -issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City -issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft -bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City -Contractor Liaison. City shall designate a City employee to act as a City - Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the City -Contractor Liaison. III. GENERAL PROVISIONS. A. Term. This Agreement shall become effective on October 1, 2015, and shall expire on September 30, 2018, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term may be extended by separate written addendum, duly executed by both parties. B. Appropriation. By signing this Agreement both parties understand and agree that Division and City are governmental entities. This Agreement shall in no way or manner be construed so as to bind or obligate Division, City, or the State of Idaho beyond the term of any particular appropriation of funds by the Idaho Legislature or Meridian City Council as may exist from time to time. Each party reserves the right to terminate the agreement if, in its sole judgment, the legislature of the State of Idaho or the Meridian City Council, as the case may be, fails, neglects, or refuses to appropriate sufficient funds as may be required for the Division or City to continue their required performance under the agreement. Any such termination shall take effect on sixty (60) days prior notice and be otherwise effective as provided in this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 4 OF 17 C. Revenue Allocation. Contractor shall be entitled to sixty-five percent (65%) of all commercial and residential electrical permit fees collected by the City collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract, attached hereto as Exhibit D, Fee Schedule. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall be entitled to Contractor's allocated share of permit revenues for all permits issued during the term of this Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of set -vices under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REvIEw AND INSPECTION SERVICES PAGE 5 OF 17 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for put -poses of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. I. Notice. Communication between the City -Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Idaho Division of Building Safety Attn: Development Services Manager Attn: Administrator 33 E. Broadway Avenue 1090 E. Watertower Street, Suite 150 Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. J. Termination. 1. Mutual Consent. This Agreement maybe terminated at anytime by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non -terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAI. PLAN REvIEw AND INSPECTION SERVICES PAGE 6 OF 17 Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty -day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor on an hourly basis as established herein. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15 -minute increments. City shall provide payment to Contractor within thirty (3 0) business days of receipt of invoice. 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f. If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or i. If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. K. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 7 OF 17 L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Liability. City and Division each shall be responsible only for the acts, omissions or negligence of its own officers, employees or agents. Nothing in this Agreement shall extend the responsibility or liability of either City or Division beyond that required by the Idaho Tort Claims Act. Each party shall defend itself against any claims that arise solely from wrongful acts, omissions or negligence of its officers, employees, or agents in the course of the performance of this Agreement, but shall not assume responsibility for the acts, omissions or negligence of the other party or the other party's officials, employees, agents and volunteers. Each party shall promptly notify the other party of any claim arising under this Agreement and shall cooperate fully with the defending party or its representatives in the defense of such claims. N. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. O. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This agreement supersedes, terminates, and otherwise renders null and void any and all prior agreements or contracts entered into between the Parties with respect to the matters herein expressly set forth, specifically to include the version executed by the Parties on September 4, 2012. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 8 OF 17 S. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. IDAHO DIVISION OF BUILDING SAFETY: " C. Kelly Pearce, AcfilttilsTrator CITY Tammy W6erd, Mayor Attest: Jaycee $blman, City Clerk °� SEAL �yrfq 0�dde 10.E PS�Q�,py PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 9 OF 17 EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall perform comprehensive commercial and residential electrical plan reviews, and lighting (Com Check) energy plan reviews prior to permit issuance, and perform detailed electrical inspections for any and all building projects in the City of Meridian. These plan reviews and inspections are to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. L SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor shall be responsible for performing comprehensive commercial and residential electrical and lighting energy plan reviews for any and all building projects in the City of Meridian. Plan review shall be performed before permits are issued. Contractor shall ensure that the approved plans are on-site prior to performing electrical inspections. B. Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m. and 8:00 a.m. on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a.m. and 11:59 p.m. on a City business day shall be performed the next business day. Each and every field inspection requested on a non -business day shall be performed the next business day. C. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensure accurate valuation. If project scope change occurs, Contractor shall notify the City -Contractor Liaison so that proper adjustments in submittals and valuations are achieved. D. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, field inspections and re -inspections, inspection notes, pass/fail status, and final inspection status. Contractor shall also conduct research as needed for archived information. Contractor shall specify regular or double inspection fees as required. Data entry for every electrical inspection shall immediately be entered following the completion of the inspection. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REvrEw AND INSPECTION SERVICES PAGE 10 OF 17 F. Code Amendments and Technological Advancement. Contractor shall monitor legislation and technical developments that may affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. Contractor shall be responsible for all associated costs. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City -Contractor Liaison any observed violations of City Code of which Contractor has knowledge, as well as the current International Building Codes, and the National Electrical Code adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. H. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. ELECTRICAL PLAN REVIEW a. Commercial Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications. (2) Contractor shall provide electrical and energy plan review comments, redlines, re -submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (3) City staff shall install the initial electronic plan files into the city database for all projects requiring electrical and energy plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance with the most current version of "Com Check" for the electrical systems and equipment on all commercial projects. b. Tenant Improvement Projects (1) Contractor shall perform plan review for tenant improvement projects. (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement' projects no more PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REvIEw AND INSPECTION SERVICES PAGE 11 OF 17 than three (3) business days after receipt of complete application. City will notify Contractor of "Fast Track Tenant Improvement" projects through notification in the City's computerized permit tracking program. (3) Contractor shall provide plan review comments, redlines, re -submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (4) Contractor shall perform plan review for compliance with the most current version of"Com Check" for the electrical systems and equipment on all commercial projects. (5) City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. 2. ELECTRICAL INSPECTIONS a. Commercial and Residential Projects (1) Contractor shall perform all electrical and energy inspections for commercial and residential from initial inspection through final inspection. City shall provide all pass/fail inspection tags, and notices for Contractor use. (2) Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day. If the request is received on a non -business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for final electrical inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. (4) Contractor shall input all electrical inspection information into the tablet PCs using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific information related to inspection, correction notices, and re -inspection. (5) Contractor shall perform as many inspections as necessary on any permit. Contractor may assess re -inspection fees, per the adopted fee schedule, if PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 12 OF 17 items from a previous correction notice are not corrected when a new inspection is requested. IL SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display a City -issued photo identification badge. 2. Provide a City -issued business card during field inspections, as appropriate. 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than Idaho Division of Building Safety. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN RFVIEw AND INSPECTION SERVICES PAGE 13 OF 17 EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR Asset ID Tag Number Equipment 100556 Motion Computing Tablet 100566 Motion Computing Tablet 100564 Motion Computing Tablet 100577 HP Mobile Printer 09560 20OW Power Inverter 09557 20OW Power Inverter 09575 20OW Power Inverter N/A Misc. Charging adapters and tablet cases for each unit PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REV[Ew AND INSPECTION SERVICES PAGE 14 of 17 EXHIBIT C PAYMENT SCHEDULE ELECTRICAL INSPECTION - PAYMENT SCHEDULE Type of Permit Milestone Amount to be paid Electrical Commercial — New Electrical Residential — New Permit issuance 100% of fees due Contractor All other permit types Permit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 15 OF 17 EXHIBIT D FEESCHEDULE Electrical Fee Schedule 01. Temporary power poles/construction services — Every temporary power pole must be called in for inspection. Idaho Power will not set the meter until the temporary pole has passed city inspection. To be installed for construction purposes only for a period not to exceed one (1) year. a. 200 amps or less, one location ......................$40.00 b. All others to be calculated using section 07. 02. New Residential - excludes hot tubs, pools and the specialty items below. A new residential electrical permit includes the main service and general lights, power and receptacles required to meet minimum code. a. Up to and including 200 amp service.............$120.00 b. 201 amp service up to 400 amps..................$210.00 c. 401 amp service and above .........................Use section 07. Other Residential Structures (unattached) — See section 07. Multi -family Dwellings — Duplexes ..................$210.00; Three (3) or more multi -family units .... $120.00 per building plus $60.00 per unit. 03. Existing Residential — $40.00 permit fee plus $10.00 for each branch circuit. 04. Hot Tubs, Swimming Pools, and other spas - $40.00 permit fee plus an additional $40.00 for any grounding grid where applicable. 05. Mobile Home Service Fee - $50.00 permit fee plus $10.00 for each branch circuit. 06. Electrical Space Heating and Air Conditioning — Fees in section 03 are applicable. 07. Commercial, Industrial, and other permit fees not listed — this section applies to all installations not specifically listed above. The total wiring cost shall be all labor and material to install the wiring system consistent with valuation data (market value for the geographic area). This section includes: lawn sprinklers, limited energy installs, elevators, escalators, etc. a. Wiring costs $0.00 not exceeding $2,000.........$40.00 (plus 2.5% of total wiring cost) b. Wiring costs over $2,000 not exceeding $10,000.00... $100.00 (plus 1% of total wiring cost) c. Wiring cost over $10,000 = $180.00 (plus %2 of 1% of that portion of the wiring costs over $10,000) PROFESSIONAL, SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEw AND INSPECTION SERVICES PAGE 16 or 17 08. Re -Inspection Fee's - $45.00 for first re -inspection 09. Late Fee's — Double permit fee 10. Work constructed without a permit — Misdemeanor per city code . Double permit fees applicable. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEw AND INSPECTION SERVICES PAGE 17 OF 17 Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: Professional Services DMH Enterprises Professional Services Agreement with DMH Enterprises for Plumbing Plan Review and Inspection Services MEETING NOTES MWg. 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 BETWEEN DMH ENTERPRISES AND CITY OF MERIDIAN FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN DMH ENTERPRISES AND CITY OF MERIDIAN FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this _�_ day of 3eQ-Y yyi �", 2015, by and between DMH Enterprises ("Contractor") whose address is 1116 N. Dawn Drive, Boise, Idaho 83713, and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by section I. (D) herein. Contractor shall notify the City -Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope ofServices, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Plumbing field inspectors shall be certified per section L(D)(1) herein. Plumbing plan reviewers shall be certified per section L(D)(2) herein. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REv1Ew AND MPECPION SERVICES PAGE 1 OF 17 reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following certifications: 1. International Association of Plumbing Officials "(IAPMO) Plumbing Inspector" certification which certifies inspector in both residential and commercial disciplines. 2. International Association of Plumbing Officials (IAPMO) Plumbing Plans Examiner within six months of the execution of this agreement; Any and all other certifications required by law. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Services. P. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City -Contractor Liaison. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this Agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City -Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H. Public Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records, and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 2 OF 17 requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. Insurance. Contractor shall obtain insurance as set forth below. Such insurance shall be evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing a thirty -day notice of cancellation endorsement. Contractor shall obtain (at Contractor's sole expense), shall maintain throughout the term of this Agreement, and upon execution of this Agreement shall provide City with proof of each and all of the following insurance coverages: 1. Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death, naming the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall notify City in writing within three (3) business days. City has the right to suspend portions of this Agreement in the City's sole discretion if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor shall be afforded a reasonable time to obtain insurance. If Contractor cannot obtain insurance within a reasonable time, City may terminate this Agreement. 2. Automobile liability insurance with a combined single limit per occurrence of not less than five hundred thousand dollars ($500,000). 3. Errors and omissions insurance for the services under this Agreement, in an amount of not less than five hundred thousand dollars ($500,000) per occurrence, naming the City of Meridian as an additional insured. 4. Workers' compensation insurance on Contractor and all persons in Contractor's employ in the minimum amount(s) and as required by Idaho law. This provision shall apply to Contractor even if Contractor is acting as a sole proprietor, regardless of the worker's compensation insurance requirements of the State of Idaho regarding sole proprietors. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEw AND INSPECTION SERVICES PAGE 3 OF 17 K. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit E, Tablet PCs and Related Equipment Issued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City -issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City -issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City -issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City -issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. IL RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft -bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City -Contractor Liaison. City shall designate a City employee to act as a City - Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the City -Contractor Liaison. Ill. GENERAL PROVISIONS. A. Term. This Agreement shall become effective on October 1, 2015, and shall expire on September 30, 2018, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term may be extended by separate written addendum, duly executed by both parties. B. Non -Appropriation of Funds. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by Meridian City Council. The City reserves the right to terminate the Agreement if the PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 4 OF 17 Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as may be required for City to continue its required performance under this Agreement. If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenue Allocation. Contractor shall be entitled to sixty percent (60%) of commercial and residential plumbing permit fees collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract, attached hereto as Exhibit D, Fee Schedule. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will be adjusted and will be payable per the current fee schedules in effect at that time. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefor upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall be entitled only to Contractor's allocated share of permit revenues for inspections provided during the term of this Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REvIEw AND INSPECTION SERVICES PAGE 5 or 17 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. L Notice. Communication between the City -Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Dennis Holte Attn: Development Services Manager DMH Enterprises 33 E. Broadway Avenue 1116 N. Dawn Drive Meridian, Idaho 83642 Boise, Idaho 83713 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. J. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 6 OF 17 of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non -terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. 3. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty -day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor on an hourly basis as established herein. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15 -minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or i. If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIIw AND INSPECTION SERVICES PAGE 7 OF 17 Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. K. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Indemnity. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Contractor's obligations under this Agreement, except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees as a result of or arising out of the work performed under this Agreement and arising from the sole or joint negligence of Contractor. N. Assignment. The Contactor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. O. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REvrEw AND INSPECTION SERVICES PAGE 8 OF 17 The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. S. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. DMH ENTERPRISES: Dermis Holte, Owner CITY OF MERIDIAN: Attest: City or Tammy qW/rd, Mayorr 'voa ed4olman, City Clerk 7'_14�lt Er TA[A500.f PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEw AND INSPECTION SERVICES PAGE 9 OF 17 EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall perform comprehensive plan reviews prior to permit issuance and detailed plumbing inspections for any and all commercial building projects in the City of Meridian. These plan reviews and inspections are to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. 1. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor shall be responsible for performing comprehensive plan reviews, prior to permit issuance for any and all commercial building projects in the City of Meridian. Plan review shall be performed before permits are issued. Contractor shall ensure that the approved plans are on-site prior to performing plumbing inspections. B. Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m. and 8:00 a.m. on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a.m. and 11:59 p.m. on a City business day shall be performed the next business day. Each and every field inspection requested on a non -business day shall be performed the next business day. C. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensure accurate valuation. If project scope change occurs, Contractor shall notify the City -Contractor Liaison so that proper adjustments in submittals and valuations are achieved. D. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, field inspections and re -inspections, inspection notes, pass/fail status, and final inspection status. Contractor shall also conduct research as needed for archived information. Contractor shall specify regular or double inspection fees as required. Data entry for every plumbing inspection shall immediately be entered following the completion of the inspection. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. F. Code Amendments and Technological Advancement. Contractor shall monitor PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 10 OF 17 legislation and technical developments that may affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. Contractor shall be responsible for all associated costs. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City -Contractor Liaison any observed violations of City Code of which Contractor has Imowledge, as well as the current International Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. H. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. PLUMBING PLAN REVIEw a. Commercial Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications. (2) Contractor shall provide plumbing plan review comments, redlines, re- submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (3) City staff shall install the initial electronic plan files into the city database for all projects requiring plumbing plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance of the plumbing systems and equipment on all commercial projects including medical gas systems and storm drain systems. b. Tenant Improvement Projects (1) Contractor shall perform plan review for tenant improvement projects. (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement' projects no more than three (3) business days after receipt of complete application. City will PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN Rlivniw AND INSPECTION SERVICES PAGE 11 OF 17 notify Contractor of "Fast Track Tenant Improvement" projects through notification in the City's computerized permit tracking program. (3) Contractor shall provide plan review comments, redlines, re -submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (4) City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. 2. PLUMBING INSPECTIONS a. Commercial and Residential Projects, including all plumbing systems, medical gas systems and storm drainage systems upstream of the seepage beds. (1) Contractor shall perform all plumbing and inspections for commercial and residential projects, from initial inspection through final inspection. City shall provide all pass/fail inspection tags, and notices for Contractor use. (2) Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day. If the request is received on a non -business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for final plumbing inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. (4) Contractor shall input all plumbing inspection information into the tablet PCs using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific information related to inspection, correction notices, and re -inspection. (5) Contractor shall perform as many inspections as necessary on any permit. Contractor may assess re -inspection fees, per the adopted fee schedule, if items from a previous correction notice are not corrected when a new inspection is requested. PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 12 OF 17 II. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display a City -issued contractor photo identification badge. 2. Provide a City -issued business card during field inspections, as appropriate. 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than DMH Enterprises. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEw AND INSPECTION SERVICES PAGE 13 OF 17 EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR Asset ID Tag Number Equipment 100555 Motion Computing Tablet 100568 Motion Computing Tablet 100574 HP Mobile Printer 100582 HP Mobile Printer 09551 20OW Power Inverter 09552 20OW Power Inverter N/A Misc. Charging adapters and tablet cases for each unit PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 14 OF 17 EXHIBIT C PAYMENT SCHEDULE PLUMBING INSPECTION - PAYMENT SCHEDULE Type of Permit Milestone Amount to be paid Plumbing Commercial —New Plumbing Residential —New Permit issuance 100% of fees due Contractor All other permit types Permit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 15 OF 17 EXIIIBIT D FEESCHEDULE Plumbing Fee Schedule 01. Each single family dwelling, or living unit in an apartment, condomini ni, townhouse or other multiple unit shall require a permit. The base permit fee is $30.00 plus an additional $8.00 for each fixture in the system. (excludes garbage disposals and dishwashers in new construction). A replacement fixture in a residence requires a base permit of $30.00 plus $8.00 for each fixture that is replaced. 02. Sewer and water service line installations or replacements - $38.00 each or $50.00 for a combination of both if only one inspection is required and the same individual does the work. 03. Mobile Homes — each connection or reconnection to existing sewer and water stub outs shall be $40.00. 04. Lawn Sprinklers — permit fee of $30.00 plus an additional $8.00 for each backflow device. 05. Water Conditioners — permit fee of $30.00 plus an additional $8.00 for each unit. Commercial 06. Includes commercial, industrial, schools, hospitals, churches, hotels, motels, and all other installations not specifically listed. The base permit fee is $30.00 plus an additional fee calculated from the table below. 07. Sewer and water service lines installed by someone other than the plumbing contractor of the building. Permit fee of $30.00 plus an additional fee calculated from the table below based on total value. 08. Commercial Coaches — Manufactured buildings: all commercial coaches and manufactured buildings constructed in Idaho, or constructed for use in Idaho, must purchase permits as per the residential fee schedule. 09. Lawn Sprinklers —permit fee of $30.00 plus an additional fee calculated from the table below based on total contract value. PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 16 OF 17 10. Commercial, Industrial, and other permit fees not listed; Project Valuation Table: For projects $20,000 or less = 3% (.03) of job value plus $30.00 base permit fee For projects $20,000 through $100,000 = 2% (.02) of job value over $20,000 plus $630.00 For projects $100,000 through $200,000 = 1% (.01) ofjob value over $100,000 plus $2,230.00 For projects $200,000 or more ='/z% (.005) of job value over $200,000 plus $3,230.00 11. Re -Inspection Fee's - $45.00 for first re -inspection $90.00 for double re -inspection fee 12. Late Fee's — double permit fee 13. Work constructed without a permit—Double permit fees will be the minimum charge assessed. PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 17 OF 17 Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: Professional Services Jackson Code Professional Services Agreement with Jackson Code Consultants, Inc. for Fire Plan Review and Inspection Services MEETING NOTES `} i9 Ka 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 BETWEEN JACKSON CODE CONSULTANTS, INC. AND CITY OF MERIDIAN FOR FIRE PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN JACKSON CODE CONSULTANTS, INC. AND CITY OF MERIDIAN FOR FIRE PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this 1 day of �eh,,., 2015, by and between Jackson Code Consultants, Inc. ("Contractor") whose address is P.O. Box 1303, Meridian, Idaho, and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by Idaho Code 41- 253, 41-254, 41-255, 41-256 and by section I. (D) herein; and any other sections as required by Idaho State Law. Contractor shall notify the City -Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Fire field inspectors shall be certified per section L(D)(1) herein. Fire plan reviewers shall be PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIE.w AND INSPECTION SERVICES PAGE I OI% 18 certified per section I.(D)(2) herein. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by Idaho Code 41-253, 41-254, 41-255, 41-256; within thirty (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein.—City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the tern of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: 1. ICC Fire Inspector II; 2. ICC Fire Plans Examiner; 3. Any and all other certifications required by law. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Services. F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City -Contractor Liaison. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this Agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City -Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H. Public Records. Contractor acknowledges that all records containing information PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 2 of 18 relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Cleric's Office. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. Insurance. Contractor shall obtain insurance as set forth below. Such insurance shall be evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing a thirty -day notice of cancellation endorsement. Contractor shall obtain (at Contractor's sole expense), shall maintain throughout the term of this Agreement, and upon execution of this Agreement shall provide City with proof of each and all of the following insurance coverages: 1. Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death naming the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall notify City in writing within three (3) business days. City has the right to suspend portions of this Agreement in the City's sole discretion if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor shall be afforded a reasonable time to obtain insurance. If Contractor cannot obtain insurance within a reasonable time, City may terminate this Agreement. 2. Automobile liability insurance with a combined single limit per occurrence of not less than five hundred thousand dollars ($500,000). 3. Errors and omissions insurance for the services under this Agreement, in an amount of not less than five hundred thousand dollars ($500,000) per occurrence naming the City of Meridian as an additional insured. 4. Workers' compensation insurance on Contractor and all persons in Contractor's employ in the minimum amount(s) and as required by Idaho law. This provision shall apply to Contractor even if Contractor is acting as a sole proprietor, regardless of the worker's compensation insurance requirements of the State of Idaho regarding sole proprietors. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 3 OF 18 policies. K. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Tablet PCs and Related Equipment Issued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City -issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City -issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City -issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City -issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft -bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City -Contractor Liaison. City shall designate a City employee to act as a City - Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the City -Contractor Liaison. III. GENERAL PROVISIONS. A. Term. This Agreement shall become effective on October 1, 2015, and shall expire on September 30, 2018, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term may be extended by separate written addendum, duly executed by both parties. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEw AND INSPECTION SERVICES PAGE 4 OF 18 B. Non -Appropriation of Funds. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by Meridian City Council. The City reserves the right to terminate the Agreement if the Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as may be required for City to continue its required performance under this Agreement. If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract, attached hereto as Exhibit D, Fee Schedule. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract. Seventy-three percent (73%) of the Commercial Fire Code Plan Review Fees that are collected. 2. Seventy-three percent (73%) of the permit fees collected for: a. Cooking hood fire extinguishing systems b. Commercial Fire Alarm Systems c. Commercial Fire Sprinkler Systems d. Fire Sprinkler Systems for Commercial Tenant Improvements, Remodels and Upgrades e. Underground Tank Installations f Hazardous Material Storage Review & Inspection g. High Pile Combustible Storage Review & Inspection D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedule, no later than the tenth (I Oth) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall be entitled only to Contractor's allocated share of permit revenues for inspections provided during the term of this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 5 OF 18 F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is flee from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 6 OF 18 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. I. Notice. Communication between the City -Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Richard E. Jackson Attn: Development Services Manager Jackson Code Consultants, Inc. 33 E. Broadway Avenue Meridian, Idaho 83642 P.O. Box 1303 Meridian, Idaho 83680-1303 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. J. Termination. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non -terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty -day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor on an hourly basis as established herein. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15 -minute increments. City shall provide payment to Contractor within thirty (3 0) business days of receipt of invoice. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN RhmE W AND INSPECTION SERVICES PAGE 7 OF 18 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f. If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide set vices as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or i. If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII. Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. K. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether PROFESSIONAL SERVICES AGREEMENT POR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 8 OP 18 or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Indemnity. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Contractor's obligations under this Agreement, except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees as a result of or arising out of the work performed under this Agreement and arising from the sole or joint negligence of Contractor. N. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. O. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 9 OF 18 S. Attorney Fees. In the event an action, suit, or proceeding, including appeal there from, is brought for failure to observe any of the terms of this Agreement, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. JACKSON CODE CONSULTANTS, INC.: Richard E. Jacksolqresident CITY OF MERIDIAN: PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 10 OF 18 Tammy eerd, Mayor AUCLS Attest: ��'CbD lr Oto iso =`O ` City of E . IDIANt— � ,DAH ycee olman, City Clerk ' SEAL ,�. fyrF�°B tae TBE SUP PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 10 OF 18 L*A1[It"W_1 SCOPE OF SERVICES Overview: Contractor shall perform comprehensive commercial fire plan reviews, and detailed fire inspections for any and all building projects and fire protection systems in the City of Meridian. Plan review and plan review corrections shall verify that all project submittals meet or exceed the minimum life safety compliance per the adopted International Building Code, International Fire Code and other resources and reference materials. Commercial fire plan reviews shall ensure and verify that all construction documents submitted to the City meet or exceed all current codified or ordained codes of the City prior to permit issuance. It is the City's preference that the contractor utilize commercial plan review software, checklists and that computer generated reports be provided to the city and applicants, to ensure accuracy and consistency of all fire plan reviews. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. L SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor shall perform commercial fire plan review for all commercial submittals submitted for fire review. Contractor shall communicate and coordinate commercial plan reviews and re -submittals with City Community Development staff, City Planning staff, City Public Works staff, as well as Meridian Fire and other fire plan reviewers prior to permit issuance to ensure that the requirements in the overview above are met as a minimum. A compliance report shall be generated and provided to the design professional in responsible charge on each commercial submittal listing all deficiencies and requiring re -submittal prior to permit issuance. Fire plan review shall include, but not be limited to; application completeness and accuracy; adopted codes; code analysis; egress analysis; type construction; building height and area; area modifications; fire department access; fire flow; fire hydrants; fire department connection; fire pumps; gates; vehicle impact protection (bollards) for exterior items such as hydrants, gas meters, etc.; hazards to firefighters (pitfalls, shafts, etc.); services and systems - knox box, address, utility locations, generators, fire command center, standby or emergency power, solar power, refrigeration, battery systems, commercial cooking; wall construction; occupant loads and posting of required signs; occupancy and specialized sections of the IFC; exit widths; number of exits required and provided; door hardware; door swing and special doors; exit sign and emergency light locations; fire suppression; fire alarm; standpipe requirements; fire area separations or fire barrier requirements; interior finish (smoke development and flame spread); radio coverage; elevator sized to stretcher requirements in adopted International Building Code and local amendments, and operation; stairway construction for fire rated requirements; signage; roof access; vertical openings; smoke and fire damper locations; hazardous materials; high piled storage; review of all other chapters of the International Fire Code based on the use and systems used. B. Field Inspections. Contractor shall perform field inspections to verify and PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 11 OF 18 incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m. and 8:00 a.m. on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a.m. and 11:59 p.m. on a City business day shall be performed the next business day. Each and every field inspection requested on a non -business day shall be performed the next business day. C. Certification of Device and Sprinkler Counts. Contractor shall review and count devices and sprinkler heads and input this information into Aceela. D. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, field inspections and re -inspections, inspection notes, pass/fail status, and final inspection status. Contractor shall also conduct research as needed for archived information. Contractor shall specify regular or double inspection fees as required. Data entry for every fire inspection shall immediately be entered following the completion of the inspection. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. F. Code Amendments and Technological Advancement. Contractor shall monitor legislation and technical developments that may affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. Contractor shall be responsible for all associated costs. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City -Contractor Liaison any observed violations of City Code of which Contractor has knowledge, as well as the current International Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. H. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. FIRE PLAN REviEw a. Commercial Projects PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 12 of 18 (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications. (2) Contractor shall provide fire plan review comments, redlines, re -submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (3) City staff shall install the initial electronic plan files into the city database for all projects requiring fire plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance for the fire systems and equipment on all commercial projects. (5) Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. b. Tenant Improvement Projects (1) Contractor shall perform plan review for all tenant improvement projects. (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement" projects no more than three (3) business days after receipt of complete application. City will notify Contractor of "Fast Track Tenant Improvement" projects through notification in the City's computerized permit tracking program. (3) Contractor shall provide plan review comments, redlines, re -submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (4) Contractor shall perform plan review to verify compliance with the fire systems and equipment on all commercial projects. (5) City staff shall install the initial electronic plan files into the city database for all projects requiring fire plan review. Contactor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN RTiVIEW AND INSPECTION SERVICES PAGE 13 OF 18 (6) Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. 2. FIRE INSPECTIONS a. Commercial Projects (1) Contractor shall perform all fire inspections for commercial projects, from initial inspection through final inspection. City shall provide all pass/fail inspection tags, and notices for Contractor use. (2) Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day. If the request is received on a non -business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for final fire inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. (4) Contractor shall input all fire inspection information into the tablet PCs using the City's Accela software immediately following the inspection unless city provided hardware or software is creating connectivity issues. This shall include, but not be limited to specific information related to inspection, correction notices, and re -inspection. (5) Contractor shall perform as many inspections as necessary on any permit. Contractor may assess re -inspection fees, per the adopted fee schedule, if items from a previous correction notice are not collected when a new inspection is requested. II. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display a City -issued contractor photo identification badge. 2. Provide a City -issued business card during field inspections, as appropriate. 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than Jackson Code Consultants, Inc. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 14 OF 18 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 15 OF 18 EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR Asset ID Tag Number Equipment 109006 Motion Computing Tablet 109005 Motion Computing Tablet 100575 HP Mobile Printer 100583 HP Mobile Printer 09553 20OW Power Inverter 09554 20OW Power Inverter N/A Misc. Charging adapters and tablet cases for each unit PROFESSIONAL. SERVICES AGREEMENT FOR FIRE PLAN REVIEw AND INSPECTION SERVICES PAGE. 16 OF 18 EXHIBIT C PAYMENT SCHEDULE FIRE INSPECTION - PAYMENT SCHEDULE Type of Permit Milestone Amount to be paid Fire Commercial — New Fire Residential — New Permit issuance 100% of fees due Contractor All other permit types Permit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPEC'ION SERVICES PAGE 17 OF 18 EXHIBIT D FEESCHEDULE Fire Fee Schedule 01. Application Fee No deposit required. 02. Fire Sprinkler Base minimum fee (Includes up to 35 heads)............ $150.00 Cost per head (if over 35) ................................. $4.25 per head 03. Fire Alarm Base minimum fee (Includes up to 35 devices)...............$150.00 Cost per device (if over 35) .................................... $4.25 per device 04. Commercial Hood Extinguishing Systems...................................$125.00 per system 05. High Piled Combustible Storage ..............................................$150.00 per building or area 06. Hazardous Material Review and Inspection .............................. $225.00 07. Tanks Review and Inspection ................................................ $125.00 per tank 08. After Hours Inspections...................................................... $100.00 per hour 09. Additional Inspections.......................................................... $65.00 per hour 10. Final Inspection in excess of one hour ....................................... $65.00 per hour 12. Re -Submittal review............................................................ $75.00 per hour 13. Work commencing without permit...........................................double permit fee PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REvTF.w AND INSPECTION SERVICES PAGE 18 OF 18 Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 5R PROJECT NUMBER: ITEM TITLE: Professional Services Megan Elliott Professional Service Agreement for Artwork for Traffic Box Community Art Project: Megan Elliott's "Zentangle Butterflies" MEETING NOTES UV F°t z U L Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this i," day of 4 e em�2015 ("Effective Date"), by and between the City,,gqf Meridan, a municipal corporation organized under the laws of the State of Idaho ("City"), and Kul (1 2ik G� ( ("Contractor"), an individual person and parent or legal guardian PRINT NAME OF PARENT oR LEGAL GUARDIAN of Megan Elliott, a minor child ("Artist") WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for reproduction on vinyl wraps to be installed on traffic signal boxes in Meridian, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2015, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the artwork submitted by Artist, and on June 9, 2015, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 15-1070; WHEREAS, MAC recommended to City Council that a piece of art entitled Zentangle ButteJflies, depicted in Exhibit C hereto ("Artwork"), created by Artist and included in the Traffic Box Art Image Repository, become an installation as part of the Project, and the Meridian City Council accepted MAC's recommendation; and WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of original Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on PROFESSIONAL SERVICES AGREEMENT -TRAFFIC Box COMMUNITY ART PROJECT PAGE 1 of 9 a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. Il. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor, Artist, or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. PROFESSIONAL SERvicEs AGREEMENT — UTILITY Box WRAP PAGE 2 of 9 C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or between Contractor and any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. K. 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 theaL day of t,( ^is5r12015. CONTACTOR: Print Name: i 6 h L 'v etkt c -i{ Parent or Guardian of Megan Elliott CITY OF !" Tammyide )yderd, Mayor AU, IN Sl � IUAN lr: SEAL ARTIST: `y Aza'� Megan qiott City Clerk PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BO3iL.OMMUNITY 4 ROJECT PAGE 3 of 9 /dr TRFOfi EXHIBIT A CALL FOR ARTISTS PROFESSIONAL SERVICES AGREEMENT -UTILITY BOX WRAP PAGE 4 OP 9 Meridian 1 Commission Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City's selected vendor. ELIGIBILITY: The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high-resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap wilt be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to ten (10) images for consideration; a maximum of two (2) images per person will be selected for inclusion in the repository. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application £t Acknowledgements form; • One-page letter of intent, including biography of the artist, on 8.5x11" sheet of 20 lb., white paper; and • Up to ten (10) digital images, in .jpg format, of original artwork proposed for inclusion in the digital repository, on a CD or jump drive; image file names must include artist's last name and artwork title. Materials submitted will not be returned. E-mailed submissions will not be accepted; materials must be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission Attn: Traffic Box Art Digital Repository Proposal 33 East Broadway Avenue Meridian ID 83642 DEADLINE: This call shall be open until 5:00 p.m. on Friday, May 1, 2015. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its regularly scheduled meetings, as they are received. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a public space; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of the Meridian community. Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to mac@meridiancity.org. EXHIBIT B APPLICATION MATERIALS PROFESSIONAL SERVICES AGREEMENT -UTILITY BOX WRAP PAGE 6 of 9 Meridiatn?o�mmi ssion Application ft Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY Applicant: E-mail address: Mailing address: Physical address: Applicant phone: Image title(s): 3. 4. I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian, -1 specifically acknowledge and agree that: MEA/A. All artwork submitted with this proposal for consideration for inclusion in the digital repository is original work that I myself conceived and created in all respects. WeTRr We lt'B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, MPrI will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. M C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will be required to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be removed from the digital repository as a potential option for installation as a vinyl wrap. D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the digital repository, such submission is a public record, subject to the Idaho Public Records Act. E. Artwork included in the digital repository may be removed from the repository, and/or the T repository may be deleted or discontinued, without notice to the artist. F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shall be included in the digital repository. I acknowledge and understand, and submit my proposal subject to, each and all of these terms and conditions. Signature: �a�i_C �KGY(�C Date: �s�✓%O(5 Letter Of Intent To Whom it May Concern, My name is Megan Elliott, I'm a 14 year's old 8111 grader, and I love to play soccer, raft, and draw. I've always enjoyed drawing since I was little because it is a lot of fun and it helps me get my mind off things. Unfortunately when I got older never had a lot of time to draw with soccer and school, but recently my school, Galileo STEM Academy, hired an art teacher. I was so excited so I immediately joined the class it's been very fun and I've learned a lot. It's got me back into art and now a draw almost every day. One of our projects was to draw a zentangle. A zentangle is a drawing that is made up of patterns. I had seen this before but never attempted to draw one. When we started I loved it and now it is my favorite thing to draw. I love it because you can go crazy with patterns and there's not really any rules to follow. Thank you for your consideration, 11 oto `i Megan Elliott Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 5S PROJECT NUMBER: ITEM TITLE: Professional Services Professional Service Agreement for Artwork for Traffic Box Community Art Project: Rylie Krahn's "Connections" MEETING NOTES b F � A, 9A fit' R", Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this 10 day of I 15 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and j f f� d i s VR lj�A cry J ("Contractor"), an individual person and parent or legal guardian PRINT NAME OF PARENT OR LEGAL GUARDIAN of Rylie Krahn, a minor child ("Artist"). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for reproduction on vinyl wraps to be installed on traffic signal boxes in Meridian, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2015, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the artwork submitted by Artist, and on June 9, 2015, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 15-1070; WHEREAS, MAC recommended to City Council that a piece of art entitled Connections, depicted in Exhibit C hereto ("Artwork"), created by Artist and included in the Traffic Box Art Image Repository, become an installation as part of the Project, and the Meridian City Council accepted MAC's recommendation; and WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of original Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX COMMUNPTY ARTPROJECT PAGE 1 of 9 altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor, Artist, or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. PROFESSIONAL SERVICES AGREEMENT -UTILITY Box WRAP PAGE 2 of 9 C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or between Contractor and any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. K. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of L 2015. CONTACTOR: Print Name: Parent or Guaard;ian of Rylie Krahn CITY OF MERID • � . BY: r Tammy de f/e rd, Mayor PROFESSIONAL SERVICES AGREEMENT—TRAFFIC ARTIST: 0 - Rylie Krahn o�PtEn nc,c�sr e O c YAttes EIZIDlt1�l i IA m SEAL, c� OMMUNITY$,�Nv EIA. TRE �S� City Clerk PAGE 3 of 9 EXHIBIT A CALL FOR ARTISTS PROFESSIONAL SERVICES AGREEMENT— UTILITY BOX WRAP PAGE 4 of 9 Meridian Commission Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City's selected vendor. ELIGIBILITY: The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high-resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to ten (10) images for consideration; a maximum of two (2) images per person will be selected for inclusion in the repository. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application ft Acknowledgements form; • One-page letter of intent, including biography of the artist, on 8.5x11" sheet of 20 lb., white paper; and • Up to ten (10) digital images, in .jpg format, of original artwork proposed for inclusion in the digital repository, on a CD or jump drive; image file names must include artist's last name and artwork title. Materials submitted will not be returned. E-mailed submissions will not be accepted; materials must be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission Attn: Traffic Box Art Digital Repository Proposal 33 East Broadway Avenue Meridian ID 83642 DEADLINE: This call shall be open until 5:00 p.m. on Friday, May 1, 2015. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its regularly scheduled meetings, as they are received. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a public space; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of the Meridian community. Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via a -mail to mac@meridiancity.org. EXHIBIT B APPLICATION MATERIALS PROFESSIONAL SERVICES AGREEMENT-UTILTTY BOX WRAP PAGE 6 of 9 Meridian Commission Application Ft Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY Applicant: ?_1 Y_xomh E-mail address: 14 vis 1 o Mailing address: 2Nll 1'W. \l) gz(VUkW Physical address: ')LNo sive« f, victcv" t (� yb Applicant phone: Day: Evening: — Ceti: 4 3 Image title(s): 1.ytF�}(��yIT �1v� 3. 4. I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shalt be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree that: A. t- All artwork submitted with this proposal for consideration for inclusion in the digital " repository is original work that I myself conceived and created in all respects. B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, I will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I wilt be Far� irequired to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be ' j removed from the digital repository as a potential option for installation as a vinyl wrap. < TrAr D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the digital repository, such submission is a public record, subject to the Idaho Public Records Act. E. 4Artwork. included in the digital repository may be removed from the repository, and/or the repository may be deleted or discontinued, without notice to the artist. F.`2 The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shalt be included in the digital repository. I acknowledge anA understand, and submit my proposal subject to, each and all of these terns and conditions. Signature: Date: f • <, My name is Rylie Krahn and 1 am 12 years old. I have barely any experiences with art, although I took Beginning Art in 6th grade as well as this year. I am very interested In photography and I have found that many of the concepts in photography apply to art as well. I go to Sawtooth Middle School. I have loved my art experience so far at Sawtooth, and I love Ms. Johnston, my art teacher. I love creating art because I have a chance to express myself and my personality by using art. My other hobbies are photography, as I mentioned before, and I play the fiddle. I play for a group called the Idaho Junior Jammer Fiddlers and compete at local fiddle contest. I also ski, snowboard, and do track and cross country. I created this artwork because it represents the unbreakable bond held by a family. The mutual love, respect, and trust that a family shares is also represented in my piece of artwork. The linked hands represent that a family will always stick together and support each other though good times and bad ones. This could also be representative of support from a community or friendships. I think my artwork would make a good traffic box display because it will remind people every day that their family, community or friends can be there for them- all they have to do to receive the support is reach out. What makes my artwork special is the sunset. The brilliant colors will definitely catch people's eye when they are walking or driving. EXHIBIT C CONNECTIONS PROFESSIONAL SERVICES AGREEMENT -TRAFFIC BOX COMMUNITY ART PROJECT PAGE 9 of 9 Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 5U PROJECT NUMBER: ITEM TITLE: Silverwater Silverwater Subdivision No. 3 Sewer Easement MEETING NOTES s 1p�, in", Kj � r F" E� vsa A -z 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 2015-082091 BOISE IDAHO Pgs=5 NIKOLA OLSON 09/03/2015 02:10 PM MERIDIAN CITY NO FEE III III IIIII IIIIIIIIIIIIIII1111II II 1111111 Ilill 111 00141528201500820910050055 SANITARY SEWER EASEMENT THIS INDENTURE, made this � day of 7�+ , 2015- between Viper Investments, LLC, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement EASMT SEW 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Corey D. Barton, Member 1_)12 L ()\L_-1 CAS Address STATE OF IDAHO ) . ss. County of Ada ) On this day of L it,4 t4, �4- , 20 I , before me, the undersigned, a Notary Public in and for said State, personally appeared "An -14 and known or identified to me Vo be a member of Viper Investments, LLC, that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �[I e %A r, W " (SEAL) � g � C1 B f g, a �, �C/ Sewer Main Easement NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: -os EASMT SEW 11-15-13.doc OF MERIDIAN r/ Tammy y eerd, Mayor L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) OV, pp11D AUG��T ,6 ? �� yo City of w �- EFIL�IAN�- SEAL ,nA„a Y �Fk e TRE AS����H� On this day of S P Wc' !rvj bey , 20 1- , 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. ®00aaaa0 0 64 iqA (SEAL) ” ��� ��''tn ® NOTAAY PIOBLIC FOR -111- O 1 Residing at: LA2_y2N (41 CA,n 1 +® •; Commission Expires: oirl U c�p QD OF '�•• •*"me • Sewer Main Easement EASMT SEW 11-15-13.doc (JUf J•U•8 ENGINEERS, INC. 1 -U -B COMPANIES Silverwater Subdivision City of Meridian Sewer Easement Boundary Description Project Number 10-14-121 July 20, 2015 THE GATEWAY LANGDGN MAPPING GROUP INC. An easement situated in the northwest quarter of the northeast quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northeast corner of the northwest quarter of the northeast quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S89°42'09"W, 249.78 feet along the north line of the northwest quarter of the northeast quarter of Section 30; Thence S01°49'31"E, 363.94 feet along the existing west right-of-way line of S. Mesa Way (Warranty Deed Instrument Number 110014882, records of Ada County, Idaho) to the southwest corner of the existing S. Mesa Way right-of-way; Thence continuing S01°49'31"E, 34.76 feet to the POINT OF BEGINNING: Thence continuing S01°49'31"E, 91.37 feet; Thence S00°16'42"E, 135.66 feet; Thence S89°43'39"W, 22.42 feet; Thence N00°16'21"W, 227.00 feet; Thence N89°43'39"E, 19.93 feet to the POINT OF BEGINNING. The above-described easement contains 0.11 acres, more or less. Page 1 of 1IZ L S a 250 S. Beechwood Avenue Suite 201, Boise ID 83709 p 208-376-7330 r 208-323-9336 w www.jub.com M f � t t 9 E. Victory Rd. — — _ — -- -- -- — — — 1/16 19 �� _ _ _ S89'42'09"W 1319.92' 30 1070.14' _ _ 249.78' l� 3 w 41 p,r THIS DOCUMENT, AND AS AN INSTRUMENTO ' 'O A ENOINEERSER FOR ANY OTNPROJROI � AUiMORiiATiON OFJI E. Intelligence Dr. ' w — 'N89'43'39' E 19,93 Proposed Silverwater Subdivision No. 3 E. Italy St. (jus J -U -R ENGINEERS, INC. z 0 0 rn N N N J Oin' Lot 7 Block 13 W O 0 m S89'43'39"W 22.42' Silverwater 0 20 40 V=—� SCALE IN FEET ision No. 3 1 SHEET Sewer Easement Section 30, T. 3N., R. 1 E., B.M. 1 V) I (a ;(a i THIS DOCUMENT, AND AS AN INSTRUMENTO ' 'O A ENOINEERSER FOR ANY OTNPROJROI � AUiMORiiATiON OFJI E. Intelligence Dr. ' w — 'N89'43'39' E 19,93 Proposed Silverwater Subdivision No. 3 E. Italy St. (jus J -U -R ENGINEERS, INC. z 0 0 rn N N N J Oin' Lot 7 Block 13 W O 0 m S89'43'39"W 22.42' Silverwater 0 20 40 V=—� SCALE IN FEET ision No. 3 1 SHEET Sewer Easement Section 30, T. 3N., R. 1 E., B.M. 1 Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 5T PROJECT NUMBER: ITEM TITLE: Professional Services Farmer's Market Professional Services Agreement For Event Coordination Services: One - Day Youth Farmer's Market Expo for a Not -to -Exceed Amount of $2,000.00 MEETING NOTES ,','Gni`„,. c" -',j �his 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: September 2, 2015 ITEM NUMBER: 5V PROJECT NUMBER: ITEM TITLE: City Prosecutor Services Addendum No. 13 to Agreement for City Prosecutor/Criminal Legal Services Dated November 1, 2002 MEETING NOTES r� x Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EXHIBIT "A" ADDENDUM NO. 13 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002 This addendum No. 13 is entered into �? 5 " day Uj/_2015 by and between the City of Meridian (hereinafter referred to as "Meridian"), and the City of Boise, (hereinafter referred to as 'Boise"), for the purpose of amending and extending an Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002. Whereas, on November 1, 2002 Meridian and Boise entered into an agreement for Boise to provide certain prosecutorial/criminal legal services to Meridian; and Whereas, the agreement was extended and modified by Addendums approved in 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014; and Whereas, Meridian and Boise desire to modify certain terms of the agreement related to the amount of payment; and Whereas, Meridian and Boise desire to extend the agreement as modified for an additional one (1) year term. Now, therefore, in consideration of the foregoing, Meridian and Boise agree to amend that certain Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002 as follows: 1. That Section 4 of the Agreement is hereby modified to read as follows 4. PAYMENT FOR SERVICES. Meridian agrees to pay Boise for services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Primary Legal Services, including all out-of-pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total sum of twenty eight thousand two hundred fifty- four dollars and seventy-five cents ($28,254.75) per month, with the annual total cost of three hundred thirty-nine thousand fifty-seven dollars ($339,057). 4.1.1 Payment of Primary Legal Services shall be paid by Meridian to Boise on or before the 201h day of the following month. 4.1.2 Boise shall provide Meridian with a monthly itemized invoice of all services performed at the request of Meridian beyond the Primary Legal Services (including all out-of-pocket expenses). Provided the invoice is received by the 5th of the month, Meridian shall remit payment to Boise by the first business day of the following month. Meridian Addendum No. 13 Page 1 2. That section 9 of the Agreement is hereby modified to read as follows: POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties mutually agree to renew or extend the term of this Agreement, as provided in the Contract Extension — FY -2016, attached hereto as Exhibit `B" Except as modified by this Addendum No. 13, the original Agreement for City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated November 1, 2002, which incorporates Addendums Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 shall remain in full force and effect. IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No. 13 on this _day of ,„jeAI-ke.'(z 2015. CITY OF MERIDIAN U1 Y VN ISUINE ph BY: Mayor bavidYieter Meridian Page 2 ATTEST: BY: L nda Lowry, Ex - Officio City Clerk Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 5W PROJECT NUMBER: ITEM TITLE: Radar Units Police Department: Donation of 5 Radar Units to the Caldwell Police Department. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. t (� J f 5 , BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE FIVE (5) RADAR UNITS TO THE CALDWELL POLICE DEPARTMENT. WHEREAS, it is in the best interest of the City of Meridian to declare that certain radar units as attached in Exhibit "A" as surplus as these particular items are no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be transferred to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the radar units herein until they were sold, if they could be sold, exceeds their value to the City of Meridian and would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate five (5) radar units listed in Exhibit "A" to the Caldwell Police Department, a government agency, the mission of which is to provide law enforcement services to the citizens of Caldwell, Idaho. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that certain radar units attached hereto as Exhibit "A" are surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the radar units listed in Exhibit "A" for no monetary consideration, to the Caldwell Police Department, Caldwell, Idaho. Sr ADOPTED by the City Council of the City of Meridian, Idaho, this I day of September, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this f day of September; 2015. %ITA11;0 Mayor Tam e Weerd Jaycee Holman, City Clerk RESOLUTION AUTHORIZING DONATION O F�DAR U ITS ��`� • CALDWELL POLICE DEPARTMENT - I of I Q�f+ie TRE A`+�" ASSET TAG # See Attached List CITY OF MERIDIAN ASSET INFORMATION FORM DEPARTMENT Police QUANTITY I DESCRIPTION SPECIFIC LOCATION 5 1 Radar Meridian Police Dept. MODEL MANUFACTURER I SERIAL# VENDOR Speed Gun MPH I See Attached List MPH ORIGINAL COST ACQUISITION DATE LIFESPAN $3,000.00 1999 15 Years ❑ Add New Asset Upon receipt of anew asset take the time to adhere a tag and complete the "Asset Information Form" and forward to Finance. ® Dispose Asset Xease give a brief description of how you disposed of the asset) 4Ve the radar units to the Caldwell Police Department for use in enforcement in speed. ❑ Transfer Asset ❑ Retire Asset ASSET DISPOSAL To dispose of an item complete the "Property Disposal Authorization Request" or "Asset Information Form". Once the form is complete it should be routed as follows: A. Signature and date of Department Director. B. Send to Finance Department for review and signature. C. Finance will route to Mayor for approval. D. Mayor will route form back to Finance. E. Finance will return the approved form to the Department (and Legal, if resolution is required) so they can proceed with DISPOSAL VALUE $ 800.00 PROPERTY DISPOSAL AUTHORIZATION REQUEST Reason for disposal of property: We have received new radar units and do not need these. Condition of asset to be disposed: Most are broken. r Approval to DXpose or Retire an Asset Date qF 2,H r Finance Mayor Retire.an Asset_ or Retire an Asset Approved by Council: - � I Resolution No.: 1, ` - k O'�� Date Note: All Donations must be approved by Council. If the item is on the Fixed Asset Listing or was a Capital Purchase then the disposal will also have to be approved by Council through Resolution. Speed Gun List with Asset Number and Serial Number: Speed Gun MPH Industries Asset No. 04481 Speed Gun MPH Industries Speed Gun MPH Industries Speed Gun MPH Industries Asset No.04166 Asset No.04268 Asset No.04172 SN HHM556001987 SN HHM373000441 SN HHM556001919 SN HHM373000439 l 1 b?D' '.)O Speed Gun MPH Industries Asset No.04288 SN HHM556001832 Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Public Hearing: Budget Public Hearing: FYI Amended Budget in the Amount of $87,132,934.00 MEETING NOTES yD UIVAl pt, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ci t y o f M e r i d i a n - A m e n d e d F Y 2 0 1 5 B u d g e t - $ 8 7 , 1 3 2 , 9 3 4 Ci t y o f M e r i d i a n - P r o p o s e d F Y 2 0 1 6 B u d g e t - $ 9 7 , 8 7 0 , 2 19 Ta b l e o f C o n t e n t s To t a l C i t y A m e n d e d F Y 2 0 1 5 B u d g e t - $8 7 , 1 3 2 , 9 3 4 Go v e r n m e n t a l F u n d s – T o t a l A m e n d e d F Y 2 0 1 5 B u d g e t Go v e r n m e n t a l F u n d s – S u m m a r y o f R e q u e s t s Ca p i t a l I m p r o v e m e n t F u n d – T o t a l A m e n d e d F Y 2 0 1 5 Bu d g e t En t e r p r i s e F u n d – T o t a l A m e n d e d F Y 2 0 1 5 B u d g e t En t e r p r i s e F u n d – S u m m a r y o f R e q u e s t s Qu e s t i o n s f o r t h e F Y 2 0 1 5 A m e n d e d B u d g e t Ap p r o v e A m e n d e d F Y 2 0 1 5 B u d g e t Pe r s o n n e l $3 5 , 2 5 1 , 3 5 1 41 % Op e r a t i n g $1 8 , 2 0 4 , 7 8 9 21 % Ca p i t a l $1 6 , 0 0 0 , 7 6 1 18 % Ca r r y f o r w a r d - Op s $1 , 9 6 4 , 6 1 1 2% Ca r r y f o r w a r d - Ca p $1 5 , 7 1 1 , 4 2 2 18 % To t a l C i t y o f M e r i d i a n F Y 2 0 1 5 F i n a l A m e n d e d B u d g e t $8 7 , 1 3 2 , 9 3 4 To t a l B u d g e t - A l l F u n d s FY 2 0 1 5 F Y 2 0 1 5 F Y 2 0 1 5 Or i g i n a l B u d g e t A m e n d m e n t s F i n a l B u d g e t Re v e n u e s To t a l R e v e n u e 68 , 0 0 6 , 0 1 8 $ 7 6 1 , 6 2 3 $ 6 8 , 7 6 7 , 6 4 1 $ 1.12% Ex p e n d i t u r e s To t a l P e r s o n n e l a n d O p e r a t i n g 5 2 , 2 7 8 , 6 4 7 $ 1 , 1 7 7 , 4 9 3 $ 5 3 , 4 5 6 , 1 4 0 $ 2.25% To t a l C a p i t a l 14 , 6 0 1 , 4 6 2 $ 1 , 3 9 9 , 2 9 9 $ 1 6 , 0 0 0 , 7 6 1 $ 9.58% To t a l C a r r y f o r w a r d 26 , 8 2 7 , 1 2 1 $ ( 9 , 1 5 1 , 0 8 7 ) $ 1 7 , 6 7 6 , 0 3 4 $ -34.11% To t a l E x p e n d i t u r e s 93 , 7 0 7 , 2 3 0 $ ( 6 , 5 7 4 , 2 9 5 ) $ 8 7 , 1 3 2 , 9 3 5 $ -7.02% Tr a n s f e r s (1 ) $ - $ ( 1 ) $ 0.00% To t a l E x p e n d i t u r e s w i t h T r a n s f e r s 9 3 , 7 0 7 , 2 2 9 $ ( 6 , 5 7 4 , 2 9 5 ) $ 8 7 , 1 3 2 , 9 3 4 $ -7.02% (U s e ) / A d d i t i o n o f F u n d B a l a n c e ( 2 5 , 7 0 1 , 2 1 1 ) $ 7 , 3 3 5 , 9 1 8 $ ( 1 8 , 3 6 5 , 2 9 3 ) $ -28.54% Su m m a r y o f m a j o r F Y 2 0 1 5 A m e n d m e n t s Go v e r n m e n t a l F u n d s – D o w n 2 . 3 9 % Pe r s o n n e l a n d O p e r a t i n g – U p 2 . 1 9 % Ca p i t a l E x p e n s e s – U p 6 . 3 1 % 23 A m e n d m e n t s P r e s e n t e d - < $ 1 , 8 7 8 , 3 2 1 > Ca r r y f o r w a r d A d j u s t m e n t - < $ 2 , 0 2 2 , 5 3 2 > Gr a n t R e v e n u e A d j u s t m e n t - < $ 1 2 3 , 0 0 0 > Am e n d m e n t R e q u e s t s - $ 2 6 7 , 2 1 1 Me r i d i a n A r t s O v e r p a s s - $ 5 5 , 4 0 0 Ar t s a n d C u l t u r e S p e c i a l i s t - $ 2 7 , 3 5 9 Ol d C i t y H a l l R e n o v a t i o n s - $ 6 9 , 3 9 0 Le g a l S t a f f i n g P T t o F T - $ 2 8 , 3 5 9 Ou t s i d e L e g a l S e r v i c e s - $ 5 0 , 0 0 0 Go v e r n m e n t a l F u n d s ( 0 1 , 0 7 , 0 8 , 2 0 , 5 0 ) (0 1 , 0 7 , 0 8 , 2 0 , 5 0 ) ( 0 1 , 0 7 , 0 8 , 2 0 , 5 0 ) ( 0 1 , 0 7 , 0 8 , 2 0 , 5 0 ) FY 2 0 1 5 F Y 2 0 1 5 F Y 2 0 1 5 Or i g i n a l B u d g e t A m e n d m e n t s F i n a l B u d g e t Re v e n u e s To t a l R e v e n u e 39 , 8 1 0 , 1 3 2 $ 7 3 7 , 9 6 5 $ 4 0 , 5 4 8 , 0 9 7 $ 1 . 8 5 % Ex p e n d i t u r e s To t a l P e r s o n n e l a n d O p e r a t i n g 3 6 , 3 8 7 , 2 4 7 $ 7 9 7 , 2 3 8 $ 3 7 , 1 8 4 , 4 8 5 $ 2 . 1 9 % To t a l C a p i t a l 2, 6 1 3 , 9 6 2 $ 1 6 4 , 9 3 8 $ 2 , 7 7 8 , 9 0 0 $ 6 . 3 1 % To t a l C a r r y f o r w a r d 10 , 8 9 2 , 4 8 6 $ ( 2 , 0 2 2 , 5 3 2 ) $ 8 , 8 6 9 , 9 5 4 $ - 1 8 . 5 7 % To t a l E x p e n d i t u r e s 49 , 8 9 3 , 6 9 5 $ ( 1 , 0 6 0 , 3 5 6 ) $ 4 8 , 8 3 3 , 3 3 9 $ - 2 . 1 3 % Tr a n s f e r s (2 , 0 9 2 , 3 5 4 ) $ ( 8 0 , 0 0 0 ) $ ( 2 , 1 7 2 , 3 5 4 ) $ 3 . 8 2 % To t a l E x p e n d i t u r e s w i t h T r a n s f e r s 4 7 , 8 0 1 , 3 4 1 $ ( 1 , 1 4 0 , 3 5 6 ) $ 4 6 , 6 6 0 , 9 8 5 $ - 2 . 3 9 % (U s e ) / A d d i t i o n o f F u n d B a l a n c e ( 7 , 9 9 1 , 2 0 9 ) $ 1 , 8 7 8 , 3 2 1 $ ( 6 , 1 1 2 , 8 8 8 ) $ - 2 3 . 5 0 % Ca p i t a l I m p r o v e m e n t F u n d - 5 5 FY 2 0 1 5 F Y 2 0 1 5 F Y 2 0 1 5 Or i g i n a l B u d g e t A m e n d m e n t s F i n a l B u d g e t Re v e n u e s To t a l R e v e n u e 2, 0 0 0 $ - $ 2 , 0 0 0 $ 0 . 0 0 % Ex p e n d i t u r e s To t a l O p e r a t i n g - $ - $ - $ To t a l C a p i t a l - $ - $ - $ To t a l C a r r y f o r w a r d 1, 2 8 2 , 5 3 5 $ - $ 1 , 2 8 2 , 5 3 5 $ 0 . 0 0 % To t a l E x p e n d i t u r e s 1, 2 8 2 , 5 3 5 $ - $ 1 , 2 8 2 , 5 3 5 $ 0 . 0 0 % Tr a n s f e r s - $ - $ - $ To t a l E x p e n d i t u r e s w i t h T r a n s f e r s 1 , 2 8 2 , 5 3 5 $ - $ 1 , 2 8 2 , 5 3 5 $ 0 . 0 0 % (U s e ) / A d d i t i o n o f F u n d B a l a n c e ( 1 , 2 8 0 , 5 3 5 ) $ - $ ( 1 , 2 8 0 , 5 3 5 ) $ 0 . 0 0 % Su m m a r y o f m a j o r F Y 2 0 1 5 A m e n d m e n t s En t e r p r i s e F u n d – D o w n 1 2 . 1 8 % Pe r s o n n e l a n d O p e r a t i n g – U p 2 . 3 9 % Ca p i t a l E x p e n s e s – U p 1 0 . 3 0 % 11 A m e n d m e n t s P r e s e n t e d - < $ 5 , 4 5 7 , 5 9 7 > Ca r r y f o r w a r d A d j u s t m e n t - < $ 7 , 1 2 8 , 5 5 5 > Am e n d m e n t R e q u e s t s - $ 1 , 6 7 0 , 9 5 9 We l l # 2 1 & # 2 7 - $ 5 3 5 , 0 0 0 Wa t e r M a i n s & W a t e r l i n e s - $ 4 4 8 , 5 7 6 WR R F C a p a c i t y D e s i g n - $ 4 4 4 , 6 9 9 Ae r a t i o n B a s i n I m p r o v e m e n t s - $ 1 0 0 , 0 0 0 WR R F S a f e t y I m p r o v e m e n t s - $ 9 0 , 0 0 0 E n t e r p r i s e F u n d - 6 0 - 6 5 FY 2 0 1 5 F Y 2 0 1 5 F Y 2 0 1 5 Or i g i n a l B u d g e t A m e n d m e n t s F i n a l B u d g e t Re v e n u e s W a t e r / S e w e r S a l e s 26 , 6 9 4 , 8 8 6 $ 2 6 , 6 9 4 , 8 8 6 $ Ot h e r S o u r c e s 1, 4 9 9 , 0 0 0 $ 2 3 , 6 5 7 $ 1 , 5 2 2 , 6 5 7 $ To t a l R e v e n u e 28 , 1 9 3 , 8 8 6 $ 2 3 , 6 5 7 $ 2 8 , 2 1 7 , 5 4 3 $ 0 . 0 8 % Ex p e n d i t u r e s To t a l P e r s o n n e l a n d O p e r a t i n g 1 5 , 8 9 1 , 4 0 0 $ 3 8 0 , 2 5 5 $ 1 6 , 2 7 1 , 6 5 5 $ 2 . 3 9 % To t a l C a p i t a l 11 , 9 8 7 , 5 0 0 $ 1 , 2 3 4 , 3 6 0 $ 1 3 , 2 2 1 , 8 6 0 $ 1 0 . 3 0 % To t a l C a r r y f o r w a r d 14 , 6 5 2 , 1 0 0 $ ( 7 , 1 2 8 , 5 5 5 ) $ 7 , 5 2 3 , 5 4 5 $ - 4 8 . 6 5 % To t a l E x p e n d i t u r e s 42 , 5 3 1 , 0 0 0 $ ( 5 , 5 1 3 , 9 4 0 ) $ 3 7 , 0 1 7 , 0 6 0 $ - 1 2 . 9 6 % Tr a n s f e r s 2, 0 9 2 , 3 5 3 $ 8 0 , 0 0 0 $ 2 , 1 7 2 , 3 5 3 $ 3 . 8 2 % To t a l E x p e n d i t u r e s w i t h T r a n s f e r s 4 4 , 6 2 3 , 3 5 3 $ ( 5 , 4 3 3 , 9 4 0 ) $ 3 9 , 1 8 9 , 4 1 3 $ - 1 2 . 1 8 % (U s e ) / A d d i t i o n o f F u n d B a l a n c e ( 1 6 , 4 2 9 , 4 6 7 ) $ 5 , 4 5 7 , 5 9 7 $ ( 1 0 , 9 7 1 , 8 7 0 ) $ - 3 3 . 2 2 % Co u n c i l t o e s t a b l i s h b u d g e t a m o u n t f o r FY 2 0 1 5 B u d g e t A m e n d m e n t O r d i n a n c e $87 , 1 3 2 , 9 3 4 Ta b l e o f C o n t e n t s To t a l C i t y B u d g e t F Y 2 0 1 6 - $9 7 , 8 7 0 , 2 1 9 Ge n e r a l F u n d – T o t a l B u d g e t F Y 2 0 1 6 Ge n e r a l F u n d – B u d g e t R e q u e s t s F Y 2 0 1 6 En t e r p r i s e F u n d – T o t a l B u d g e t F Y 2 0 1 6 En t e r p r i s e F u n d – B u d g e t R e q u e s t s F Y 2 0 1 6 Qu e s t i o n s f o r t h e F Y 2 0 1 6 B u d g e t Ap p r o v e F Y 2 0 1 6 B u d g e t Pe r s o n n e l $3 6 , 8 3 3 , 1 5 1 37 % Op e r a t i n g $1 6 , 2 8 0 , 5 4 7 17 % Ca p i t a l $2 5 , 4 3 6 , 0 5 3 26 % Ca r r y f o r w a r d - O p s $2 , 7 9 4 , 0 6 0 3% Ca r r y f o r w a r d - C a p $1 6 , 5 2 6 , 4 0 8 17 % To t a l C i t y o f M e r i d i a n F Y 2 0 1 6 P r o p o s e d B u d g e t $9 7 , 8 7 0 , 2 1 9 FY 2 0 1 6 B u d g e t C h a n g e s fr o m F Y 2 0 1 5 A m e n d e d Bu d g e t To t a l B u d g e t +$ 8 4 2 , 2 6 5 o r 2 % Pe r s o n n e l +$ 1 , 2 3 3 , 5 8 5 o r 5 % Op e r a t i n g w / T r a n s f e r s -$ 4 4 6 , 0 6 4 o r - 6 % Ca p i t a l +$ 4 , 3 9 2 , 1 5 2 o r 1 5 8 % Ca r r y f o r w a r d -$ 4 , 3 3 7 , 4 0 8 o r - 4 4 % $ ( 1 0 ) $ - $ 1 0 $ 2 0 $ 3 0 $ 4 0 $ 5 0 $ 6 0 FY 2 0 1 2 F Y 2 0 1 3 F Y 2 0 1 4 F Y 2 0 1 5 F Y 2 0 1 6 M i l l i o n s To t a l G e n e r a l F u n d P r o p o s e d Bu d g e t s H i s t o r y Pe r s o n n e l Op e r a t i n g Capital Tr a n s f e r s Ca r r y f o r w a r d - O p s Carryforward-Cap Ad m i n 12 % Fi r e 22 % Pa r k s 28 % Po l i c e 32 % Co m m . De v . 6% To t a l G e n e r a l F u n d P r o p o s e d B u d g e t b y De p a r t m e n t F Y 2 0 1 6 $4 8 , 7 8 5 , 7 8 5 Pe r s o n n e l $2 8 , 7 7 4 , 0 8 4 54 % Op e r a t i n g $9 , 3 3 6 , 6 7 6 18 % Ca p i t a l $7 , 1 7 1 , 0 5 2 13 % Tr a n s f e r s $( 2 , 3 1 1 , 1 0 8 ) -4 % Ca r r y f o r w a r d -O p s $1 9 6 , 4 4 1 0% Ca r r y f o r w a r d -C a p $5 , 6 1 8 , 6 4 0 11 % To t a l G e n e r a l F u n d F Y 2 0 1 6 P r o p o s e d B u d g e t $4 8 , 7 8 5 , 7 8 5 Us e o f G e n e r a l F u n d B a l a n c e o f $ 2 , 1 1 2 , 0 0 0 Us e o f I m p a c t F e e F u n d B a l a n c e o f $1 , 7 2 0 , 0 0 0 Ad d e d $ 3 5 3 , 9 8 6 t o t h e P u b l i c S a f e t y F u n d Pu b l i c S a f e t y m a k e s u p 6 4 % , $ 2 6 . 3 m i l l i o n do l l a r s o f t h e t o t a l F Y 2 0 1 6 G e n e r a l F u n d bu d g e t . $2 4 . 0 m i l l i o n o f t h e $ 2 6 . 3 m i l l i o n i s i n Pe r s o n n e l a n d O p e r a t i n g c o s t . Pa r k s a n d R e c r e a t i o n m a k e s u p 2 8 % , $ 1 3 . 5 mi l l i o n d o l l a r s o f t h e t o t a l F Y 2 0 1 6 G e n e r a l Fu n d B u d g e t . $9 . 6 m i l l i o n d o l l a r s o f t h e $ 1 3 . 5 m i l l i o n d o l l a r s is i n C a p i t a l Of t h e $ 9 . 6 m i l l i o n d o l l a r s i n C a p i t a l , $ 3 . 7 mi l l i o n d o l l a r s i s f u n d e d b y I m p a c t F e e s . Co m m u n i t y D e v e l o p m e n t m a k e s u p 6 % , $3 . 0 m i l l i o n d o l l a r s o f t h e t o t a l F Y 2 0 1 6 Ge n e r a l F u n d B u d g e t . Th e A d m i n i s t r a t i o n f u n c t i o n m a k e s u p 12 % , $ 5 . 9 m i l l i o n d o l l a r s o f t h e F Y 2 0 1 6 Ge n e r a l F u n d B u d g e t . Ge n e r a l G o v e r n m e n t ( A d m i n ) F Y 2 0 1 6 R e q u e s t s - $4 4 3 , 4 0 8 En h a n c e m e n t s - $ 3 2 9 , 5 0 8 As s i s t a n t C i t y C l e r k - $ 6 5 , 7 4 2 In t e r n a l A u d i t o r - $ 1 1 2 , 5 4 2 Ar t s $ 8 5 , 6 5 5 Re p l a c e m e n t s - $ 1 1 3 , 9 0 0 Co m p u t e r s & S o f t w a r e - $ 5 8 , 8 0 0 $ ( 1 , 0 0 0 , 0 0 0 ) $ - $ 1 , 0 0 0 , 0 0 0 $ 2 , 0 0 0 , 0 0 0 $ 3 , 0 0 0 , 0 0 0 $ 4 , 0 0 0 , 0 0 0 $ 5 , 0 0 0 , 0 0 0 $ 6 , 0 0 0 , 0 0 0 $ 7 , 0 0 0 , 0 0 0 FY 2 0 1 2 F Y 2 0 1 3 F Y 2 0 1 4 F Y 2 0 1 5 F Y 2 0 1 6 Ge n e r a l F u n d E n h a n c e m e n t R e q u e s t s b y Y e a r Pe r s o n n e l On - G o i n g Tr a n s f e r s On e - T i m e Capital Pa r k s a n d R e c r e a t i o n F Y 2 0 1 6 R e q u e s t s - $6 , 1 0 7 , 7 6 1 En h a n c e m e n t s - $ 5 , 6 9 0 , 4 9 9 Pa r k a n d P a t h w a y D e v e l o p m e n t - $ 2 , 7 6 5 , 2 6 6 Im p a c t F e e E l i g i b l e P r o j e c t s - $ 2 , 1 2 0 , 0 0 0 Fi e l d H o u s e D e v e l o p m e n t - $ 2 , 7 5 0 , 0 0 0 Im p a c t F e e l E l i g i b l e P r o j e c t s - $ 6 3 8 , 0 0 0 Re p l a c e m e n t s – $ 4 1 7 , 2 6 2 Ad v e n t u r e I s l a n d R e s u r f a c e - $ 1 9 7 , 9 6 2 Fi r e D e p a r t m e n t F Y 2 0 1 6 R e q u e s t s - $ 7 3 9 , 2 5 8 En h a n c e m e n t s - $ 5 8 , 2 1 8 AE D / C P R P r o g r a m - $ 4 5 , 4 5 5 Re p l a c e m e n t s - $ 6 8 1 , 0 4 0 Fi r e T r u c k - $ 5 3 5 , 0 0 0 Ve h i c l e s & E q u i p m e n t - $ 1 6 5 , 5 7 5 $ ( 1 , 0 0 0 , 0 0 0 ) $ - $ 1 , 0 0 0 , 0 0 0 $ 2 , 0 0 0 , 0 0 0 $ 3 , 0 0 0 , 0 0 0 $ 4 , 0 0 0 , 0 0 0 $ 5 , 0 0 0 , 0 0 0 $ 6 , 0 0 0 , 0 0 0 $ 7 , 0 0 0 , 0 0 0 FY 2 0 1 2 F Y 2 0 1 3 F Y 2 0 1 4 F Y 2 0 1 5 F Y 2 0 1 6 Ge n e r a l F u n d E n h a n c e m e n t R e q u e s t s b y Y e a r Pe r s o n n e l On - G o i n g Tr a n s f e r s On e - T i m e Capital Po l i c e D e p a r t m e n t F Y 2 0 1 6 R e q u e s t s - $ 1 , 0 5 9 , 9 8 3 En h a n c e m e n t s - $ 5 9 4 , 3 2 8 Po l i c e D e p t . S t a f f - $ 5 2 0 , 0 0 1 Re p l a c e m e n t s – $ 4 6 5 , 6 5 5 Ve h i c l e s & E q u i p m e n t - $ 3 7 5 , 5 0 5 Co m p u t e r s & S o f t w a r e - $ 9 0 , 6 5 0 FY 2 0 1 6 B u d g e t C h a n g e s fr o m F Y 2 0 1 5 F i n a l Bu d g e t To t a l B u d g e t +$ 9 , 8 9 5 , 0 2 0 o r 2 5 % Pe r s o n n e l +$ 3 4 8 , 2 1 6 o r 5 % Op e r a t i n g w / T r a n s f e r s -$ 1 , 4 7 8 , 1 7 7 o r - 1 4 % Ca p i t a l +$ 5 , 0 4 3 , 1 4 0 o r 3 8 % Ca r r y f o r w a r d +$ 5 , 9 8 1 , 8 4 2 o r 8 0 % $ - $ 5 $ 1 0 $ 1 5 $ 2 0 $ 2 5 $ 3 0 $ 3 5 $ 4 0 $ 4 5 $ 5 0 FY 2 0 1 2 F Y 2 0 1 3 F Y 2 0 1 4 F Y 2 0 1 5 F Y 2 0 1 6 M i l l i o n s To t a l E n t e r p r i s e F u n d P r o p o s e d Bu d g e t s H i s t o r y Pe r s o n n e l Op e r a t i n g Capital Tr a n s f e r s Ca r r y f o r w a r d - O p s Carryforward-Cap Ut i l i t y B i l l i n g 3% En g i n e e r i n g 16 % Wa t e r 24 % Wa s t e w a t e r 57 % To t a l E n t e r p r i s e F u n d F Y 2 0 1 6 P r o p o s e d B u d g e t $4 9 , 0 8 4 , 4 3 4 Pe r s o n n e l $8 , 0 5 9 , 0 6 8 17 % Op e r a t i n g $6 , 9 4 3 , 8 7 1 14 % Ca p i t a l $1 8 , 2 6 5 , 0 0 0 37 % Tr a n s f e r s $2 , 3 1 1 , 1 0 8 5% Ca r r y f o r w a r d - Op s $2 , 5 9 7 , 6 1 9 5% Ca r r y f o r w a r d - Ca p $1 0 , 9 0 7 , 7 6 8 22 % To t a l E n t e r p r i s e F u n d F Y 2 0 1 6 P r o p o s e d B u d g e t $4 9 , 0 8 4 , 4 3 4 Us e o f E n t e r p r i s e F u n d B a l a n c e o f $2 , 4 8 8 , 5 9 3 Wa s t e w a t e r m a k e s u p 5 7 % , $ 2 8 . 0 mi l l i o n d o l l a r s o f t h e t o t a l F Y 2 0 1 6 En t e r p r i s e F u n d b u d g e t . $2 1 . 4 m i l l i o n o f t h e $ 2 8 . 0 m i l l i o n i s i n Ca p i t a l r e q u e s t s . Th e W a t e r D e p a r t m e n t m a k e s u p 2 4 % , $1 1 . 6 m i l l i o n d o l l a r s o f t h e t o t a l F Y 2 0 1 6 En t e r p r i s e F u n d B u d g e t . $7 . 5 m i l l i o n d o l l a r s o f t h e $ 1 1 . 6 m i l l i o n do l l a r s i s i n C a p i t a l r e q u e s t s . Pu b l i c W o r k s / E n g i n e e r i n g m a k e s u p 16 % , $ 8 . 0 m i l l i o n d o l l a r s o f t h e t o t a l FY 2 0 1 6 E n t e r p r i s e F u n d B u d g e t . Pu b l i c W o r k s d i v i s i o n i s 4 2 % p e r s o n n e l an d 5 8 % o p e r a t i n g . Th e U t i l i t y B i l l i n g f u n c t i o n m a k e s u p 3 % , $1 . 5 m i l l i o n d o l l a r s o f t h e F Y 2 0 1 6 En t e r p r i s e F u n d B u d g e t . Wa s t e w a t e r F Y 2 0 1 6 R e q u e s t s - $ 1 5 , 2 2 9 , 6 4 3 En h a n c e m e n t s - $ 1 5 , 1 8 8 , 1 4 3 Wa s t e w a t e r M a s t e r P l a n - $ 2 2 5 , 0 0 0 WR R F I m p r o v e m e n t s - $ 9 , 9 4 0 , 0 0 0 Se w e r L i n e s - $ 2 , 2 7 5 , 0 0 0 So f t w a r e a n d E q u i p m e n t = $ 5 7 5 , 0 0 0 We l l A b a n d o n m e n t - $ 1 , 2 5 0 , 0 0 0 Re p l a c e m e n t s - $ 4 1 , 5 0 0 $ - $ 2 , 0 0 0 , 0 0 0 $ 4 , 0 0 0 , 0 0 0 $ 6 , 0 0 0 , 0 0 0 $ 8 , 0 0 0 , 0 0 0 $ 1 0 , 0 0 0 , 0 0 0 $ 1 2 , 0 0 0 , 0 0 0 $ 1 4 , 0 0 0 , 0 0 0 $ 1 6 , 0 0 0 , 0 0 0 $ 1 8 , 0 0 0 , 0 0 0 $ 2 0 , 0 0 0 , 0 0 0 FY 2 0 1 2 F Y 2 0 1 3 F Y 2 0 1 4 F Y 2 0 1 5 F Y 2 0 1 6 En t e r p r i s e F u n d E n h a n c e m e n t R e q u e s t s b y Y e a r Pe r s o n n e l On - G o i n g Tr a n s f e r s On e - T i m e Capital Wa t e r D e p a r t m e n t F Y 2 0 1 6 R e q u e s t s - $ 3 , 9 4 8 , 0 5 1 En h a n c e m e n t s - $ 3 , 8 5 9 , 7 5 1 Wa t e r S u p p l y L i n e s / W e l l s - $ 2 , 7 5 0 , 0 0 0 Wa t e r S u p p l y I m p r o v e m e n t s - $ 9 7 0 , 0 0 0 Re p l a c e m e n t s – $ 8 8 , 3 0 0 Pu b l i c W o r k s / M U B S F Y 2 0 1 6 R e q u e s t s - $ 1 0 2 , 8 3 6 En h a n c e m e n t s - $ 9 2 , 5 3 6 Ne w S t a f f - $ 8 4 , 9 9 0 Re p l a c e m e n t s - $ 1 0 , 3 0 0 Co u n c i l t o e s t a b l i s h b u d g e t a m o u n t f o r FY 2 0 1 6 B u d g e t O r d i n a n c e $9 7 , 8 7 0 , 2 1 9 De p a r t m e n t D i r e c t o r s De p a r t m e n t S t a f f Fi n a n c e D e p a r t m e n t Ma y o r Co u n c i l M e m b e r s Fu n d 0 1 F u n d 0 7 F u n d 0 7 F u n d 0 7 F u n d 0 8 F u n 2 0 F u n d 5 5 Ge n e r a l F u n d P a r k s - I m p a c t F i r e - I m p a c t P o l i c e - I m pa c t P u b l i c S a f e t y S p e c i a l R e v C a p i t a l I m p r o v Total FY 2 0 1 5 A m e n d m e n t s Ad j u s t R a i l r o a d L e a s e $7 3 7 $737 Ad j u s t O p e r a t i n g B u d g e t - C o m m D e v $ 4 6 5 $465 Me r i d i a n O v e r p a s s A r t P r o j e c t $ 5 5 , 4 0 0 $55,400 Ca r r y f o w a r d A d j u s t m e n t - $ 4 5 4 , 6 1 4 - $ 4 3 9 , 7 0 1 - $ 5 0 0 , 0 0 0 - $ 62 8 , 2 1 7 -$2,022,532 Ad j u s t P a r k s M a s t e r P l a n $ 5 3 , 0 0 0 - $ 5 3 , 0 0 0 $0 Ol d C i t y H a l l R e n o v a t i o n s $ 6 9 , 3 9 0 $69,390 Ar t s a n d C u l t u r e S p e c i a l i s t $ 2 7 , 3 5 9 $27,359 St a t e o f t h e C i t y E x c e s s R e v e n u e $ 6 , 0 0 1 $6,001 PT L e g a l s t a f f t o F T D e p u t y A t t o r n e y $ 2 8 , 3 5 9 $28,359 Ut i l i t y B i l l i n g S o f t w a r e C o n s u l t i n g $ 9 , 5 0 0 $9,500 Ou t s i d e L e g a l S e r v i c e s $ 5 0 , 0 0 0 $50,000 Mu l t i - A g e n c y F i r e M a s t e r P l a n $ 2 0 , 0 0 0 $20,000 Ad j u s t m e n t f o r D U I G r a n t R e v e n u e -$ 1 2 3 , 0 0 0 -$123,000 $0 To t a l A m e n d m e n t s - $ 1 3 4 , 4 0 3 - $ 4 9 2 , 7 0 1 - $ 5 0 0 , 0 0 0 - $ 1 2 3 , 0 0 0 - $ 6 2 8 , 2 1 7 $ 0 $ 0 -$1,878,321 Fu n d 6 0 F u n d 6 1 F u n d 6 2 En t e r p r i s e G r a n t s L a t e c o m e r s Total FY 2 0 1 5 A m e n d m e n t s Ad j u s t C o m p u t e r R e p l a c e m e n t s $ 2 , 1 0 0 $2,100 We l l # 2 1 W a t e r T r e a t m e n t $ 3 6 0 , 0 0 0 $360,000 WW T P S a f e t y I m p r o v e m e n t s $ 9 0 , 0 0 0 $90,000 Ca r r y f o r w a r d A d j u s t m e n t - $ 7 , 1 2 8 , 5 5 6 -$7,128,556 Wa t e r l i n e E x t e n s i o n s $ 1 2 0 , 0 0 0 $120,000 Ae r a t i o n B a s i n C o n t r o l I m p r o v e m e n t s $ 1 0 0 , 0 0 0 $100,000 Tr i m b l e G P S U n i t s ( 3 ) $ 2 3 , 3 3 9 $23,339 Ut i l i t y B i l l i n g S o f t w a r e C o n s u l t i n g - $ 9 , 5 0 0 -$9,500 Wa t e r m a i n R e p l a c e m e n t s $ 3 2 8 , 5 7 6 $328,576 WR R F C a p a c i t y D e s i g n C o n s u l t i n g $ 4 4 4 , 6 9 9 $444,699 We l l 2 7 W a t e r T r e a t m e n t $ 1 7 5 , 0 0 0 $175,000 An i m a l C o n t r o l B u i l d i n g D o n a t i o n $ 3 6 , 7 4 5 $36,745 $0 To t a l A m e n d m e n t s - $ 5 , 4 5 7 , 5 9 7 $ 0 $ 0 -$5,457,597 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE September 1, 2015 ITEM # 6A Project Number: Project Name: FY2015 Amended Budget PLEASE PRINT NAME I FOR I AGAINST I N IIIIIIiIIMI Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Public Hearing: Budget FY 16 Public Hearing for FY 16 Budget in the Amount of $97,870,219.00 MEETING NOTES ff Yj 01 1 IV Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FY 2 0 1 6 B u d g e t P u b l i c H e a r i n g Se p t e m b e r 1 st , 2 0 1 5 • Be f o r e w e l o o k a t t h e F Y 2 0 1 6 b u d g e t w e a r e ta k i n g a l o o k b a c k . H i s t o r y i s a t o o l t o u s e i n pr e d i c t i n g t h e f u t u r e . • Lo o k i n g a t t w o t i m e p e r i o d s ; t h e 7 y e a r s be t w e e n F Y 2 0 0 4 a n d F Y 2 0 1 0 , a n d t h e 6 y e a r s be t w e e n F Y 2 0 1 1 a n d F Y 2 0 1 6 . • Th i s p r e s e n t a t i o n f o c u s e s o n p e r s o n n e l c o s t . Pe r s o n n e l c o s t i s b y f a r t h e m o s t s i g n i f i c a n t b a s e co s t . • We w i l l g l a n c e a t t h e c a p i t a l , w h i c h i s a l s o si g n i f i c a n t i n s i z e . Hi s t o r y B u d g e t e d P e r s o n n e l a n d O p e r a t i n g C o s t s f o r Se l e c t e d T i m e P e r i o d s • Fo r t h e p e r i o d F Y 2 0 0 4 th r o u g h F Y 2 0 1 0 ; Pe r s o n n e l C o s t w a s 57% of t h e $ 2 4 4 m i l l i o n bu d g e t e d f o r p e r s o n n e l an d o p e r a t i n g c o s t c i t y - wi d e . • Fo r t h e p e r i o d F Y 2 0 1 1 th r o u g h F Y 2 0 1 6 ; Pe r s o n n e l C o s t w a s 69% of t h e $ 2 7 9 m i l l i o n bu d g e t e d f o r p e r s o n n e l an d o p e r a t i n g c o s t c i t y - wi d e . Tw o E r a ’ s Re d H o t a n d C o o l D o w n FY 2 0 0 4 - F Y 2 0 1 0 F Y 2 0 1 1 - F Y 2 0 1 6 Re s i d e n t i a l B u i l d i n g P e r m i t s 9 , 8 9 1 R e s i d e n t i a l B u i l d i ng P e r m i t s ( e s t ) 4 , 5 6 5 Mu l t i - F a m i l y P e r m i t s 6 2 1 M u l t i - F a m i l y P e r m i t s ( e s t ) 1 , 988 Co m m e r i c a l s q u a r e f e e t 2 0 0 4 4 , 8 9 3 , 3 4 3 C o m m e r c i a l s q u a re f e e t 2 0 1 5 1 3 , 9 0 3 , 9 7 9 Co m m e r i c a l s q u a r e f e e t 2 0 1 0 1 0 , 5 2 6 , 1 4 8 C o m m e r c i a l s q u ar e f e e t a d d e d Co m m e r i c a l s q f e e t a d d e d 5 , 6 3 2 , 8 0 5 2 0 1 0 t o 2 0 1 5 3 , 3 7 7 , 831 Se w e r A c c o u n t s S e w e r A c c o u n t s En d o f F Y 2 0 0 4 1 7 , 2 9 9 E n d o f F Y 2 0 1 1 2 6 , 6 2 0 En d o f F Y 2 0 1 0 2 6 , 0 5 4 E n d o f F Y 2 0 1 6 3 0 , 9 0 0 In c r e a s e 8 , 7 5 5 4,280 Po p u l a t i o n - 2 0 0 4 4 7 , 6 9 0 Po p u l a t i o n - 2 0 1 0 7 5 , 0 9 2 I n c r e a s e f r o m 2 0 0 4 i s 2 7 , 4 0 2 Po p u l a t i o n - 2 0 1 5 ( C O M P A S S ) 9 1 , 3 1 0 I n c r e a s e f r o m 2 0 1 0 i s 1 6 , 1 2 8 Ch a n g e s i n P e r s o n n e l B u d g e t • Ci t y g r o w t h c o o l s a s g r o w t h a n d ec o n o m y c o o l • Gr o w t h p r i n c i p a l s a p p l y t o a l l en t i t i e s . F o r e x a m p l e , d u r i n g r a p i d gr o w t h e v e r y t h i n g i s t h r o w n a t t h e li n e t o k e e p t h e w i d g e t s c r a n k e d ou t , o r t o k e e p t h e p o l i c e o n t h e ro a d s , a n d t h e p l a t s r e v i e w e d . • Th e n – p o l i c i e s a n d p r o c e d u r e s a n d pr o c e s s e s m u s t b e p u t i n t o p l a c e t o pr o v i d e i n f o r m a t i o n , g i v e di r e c t i o n , a n d p r e v e n t c h a o s . Av e r a g e A n n u a l A v e r a g e A n n u a l Ch a n g e $ C h a n g e Ch a n g e $ C h a n g e FY 2 0 0 4 - F Y 2 0 1 0 F Y 2 0 0 4 - F Y 2 0 1 0 F Y 2 0 1 1 - F Y 2 0 1 6 F Y 2 0 1 1 - F Y 2 0 1 6 PE R S O N N E L Ge n e r a l A d m i n i s t r a t i o n 18 % $1 , 9 5 2 , 4 1 7 8% $1 , 6 0 4 , 0 7 7 Pa r k s a n d R e c r e a t i o n 7% $8 4 1 , 0 9 2 9% $6 4 9 , 9 0 5 Po l i c e D e p a r t m e n t 17 % $4 , 0 5 5 , 3 3 5 6% $2 , 3 2 6 , 9 3 6 Fi r e D e p a r t m e n t 12 % $3 , 8 1 0 , 4 6 4 4% $1 , 6 0 0 , 8 6 2 De v e l o p m e n t S e r v i c e s 19 % $1 , 0 8 9 , 1 0 0 4% $2 2 9 , 6 2 5 Wa t e r / S e w e r U t i l i t i e s 11 % $2 , 2 7 8 , 3 2 4 6% $2 , 0 6 4 , 4 1 8 To t a l C i t y N e t T r a n s f e r s 16 % $1 4 , 0 2 6 , 7 3 2 5% $8 , 4 7 5 , 8 2 3 % C h a n g e $ C h a n g e FY 2 0 1 5 - F Y 2 0 1 6 F Y 2 0 1 5 - F Y 2 0 1 6 PE R S O N N E L Ge n e r a l A d m i n i s t r a t i o n 8 % $ 3 5 0 , 7 8 4 no t e ; Pa r k s a n d R e c r e a t i o n 1 7 % $ 3 3 2 , 6 4 8 $1 2 8 , 0 0 0 0 c h g Po l i c e D e p a r t m e n t 6 % $ 3 6 4 , 8 4 5 in P a r k s P C c o s t Fi r e D e p a r t m e n t 2 % $ 1 5 7 , 9 2 4 du e t o r e q u i r e m e n t De v e l o p m e n t S e r v i c e s 2 % $ 2 7 , 4 9 4 in s u r a n c e b e Wa t e r / S e w e r U t i l i t i e s 5 % $ 3 4 8 , 2 1 5 pr o v i d e d f o r To t a l C i t y N e t T r a n s f e r s 5 % $ 1 , 5 8 1 , 9 0 9 se a s o n a l w o r k e r s Ad m i n i s t r a t i o n P e r s o n n e l • Wh e n t h e p o p u l a t i o n e x p l o s i o n s t a r t e d M e r i d i a n h a d l i tt l e o r n o n e o f t h e no r m a l s u p p o r t s t a f f . M a n y s t a n d a r d p r o g r a m s w e r e d e v e l o p e d f r o m t h e gr o u n d u p d u r i n g t h e d u r i n g t h e s t a r t o f t h e l a s t d e c a d e . • Ot h e r G o v e r n m e n t i s a “ c a t c h a l l ” , ( m o s t l y f o r o p e r a t i n g b u t h a s s o m e pe r s o n n e l ) , i n c l u d e s ; C i t y d u e s ( l i k e A I C a n d C O M P A SS ) , p r o g r a m s l i k e hi s t o r y a n d a r t s c o m m i s s i o n , i n p e r s o n n e l t h e C o m m u n i ca t i o n C o o r d i n a t o r an d i n t e r n , a n d t h e C i t y ’ s g e n e r a l C o n s t r u c t i o n M a n a g e r , A l l u m b a u g h H o u s e , Bl o c k G r a n t , a n d s o o n … … … … … … … FY 2 0 0 4 F Y 2 0 1 6 F Y 2 0 1 1 F Y 2 0 1 6 C h a n g e Ci t y C l e r k $2 1 8 , 8 2 5 $ 4 7 9 , 7 2 2 5 . 5 7 1 . 5 Ci t y H a l l $1 4 9 , 3 6 6 1 2 1 Co u n c i l $5 8 , 4 1 5 $ 2 5 9 , 1 1 5 4 7 3 Fi n a n c e $3 9 2 , 8 1 6 $ 8 8 4 , 5 9 2 8 . 5 1 0 1 . 5 Hu m a n R e s o u r c e s $1 7 5 , 0 5 7 $ 5 1 2 , 4 1 5 4 . 5 5 0 . 5 IT $1 , 0 9 8 , 2 0 6 8 1 3 5 Le g a l $6 5 0 , 9 1 2 4 . 5 5 0 . 5 Ma y o r ' s O f f i c e $1 3 4 , 8 2 5 $ 4 2 7 , 8 0 1 5 . 5 4 - 1 . 5 Ot h e r G o v e r n m e n t $1 9 2 , 8 0 1 1 . 5 2 . 5 1 $9 7 9 , 9 3 8 $ 4 , 6 5 4 , 9 3 0 4 3 . 0 0 5 5 . 5 0 1 3 To t a l C i t y C a p i t a l O u t l a y FY 2 0 0 4 t o F Y 2 0 1 0 To t a l S p e n t B u d g e t Ca p i t a l O u t l a y G F A d m i n D i v i s i o n 2 8 , 2 4 8 , 7 8 2 $ 2 9 , 8 4 6 , 8 7 3 $ C o m m u n i t y D e v e l o p m e n t 1 7 3 , 4 9 6 $ 2 8 9 , 8 3 8 $ F i r e D e p a r t m e n t 3 , 1 3 2 , 5 9 5 $ 3 , 1 6 6 , 6 1 6 $ P a r k s a n d R e c r e a t i o n 1 0 , 8 1 8 , 4 0 5 $ 1 1 , 9 4 0 , 1 1 9 $ P o l i c e D e p a r t m e n t 2 , 3 4 5 , 1 9 3 $ 3 , 0 6 6 , 9 9 1 $ $4 4 , 7 1 8 , 4 7 0 4 8 , 3 1 0 , 4 3 7 $ P u b l i c W o r k s / M U B S 4 0 6 , 8 7 4 $ 3 7 2 , 1 2 6 $ W a s t e w a t e r 6 3 , 1 5 2 , 6 9 1 $ 7 2 , 7 3 3 , 6 3 5 $ W a t e r D e p a r t m e n t 1 4 , 8 7 3 , 2 9 4 $ 1 5 , 3 0 8 , 7 5 0 $ $7 8 , 4 3 2 , 8 5 9 $ 8 8 , 4 1 4 , 5 1 1 T o t a l C a p i t a l O u t l a y $ 1 2 3 , 1 5 1 , 3 2 9 1 3 6 , 7 2 4 , 9 4 8 $ FY 2 0 1 1 t o F Y 2 0 1 6 To t a l S p e n t B u d g e t Ca p i t a l O u t l a y G F A d m i n D i v i s i o n 4 , 8 3 3 , 2 4 0 $ 5 , 6 3 4 , 0 2 1 $ C o m m u n i t y D e v e l o p m e n t 1 5 0 , 0 0 0 $ 3 1 , 6 0 2 $ F i r e D e p a r t m e n t 1 , 3 9 4 , 2 1 7 $ 3 , 4 7 2 , 1 4 3 $ P a r k s a n d R e c r e a t i o n 8 , 2 4 4 , 2 5 5 $ 1 7 , 5 2 1 , 9 2 1 $ P o l i c e D e p a r t m e n t 6 , 7 4 5 , 6 6 5 $ 7 , 4 2 3 , 9 1 1 $ 21 , 3 6 7 , 3 7 7 $ 3 4 , 0 8 3 , 5 9 8 $ P u b l i c W o r k s / M U B S 3 2 4 , 7 0 7 $ 9 7 7 , 8 3 4 $ W a s t e w a t e r 3 4 , 5 9 4 , 7 9 6 $ 5 3 , 7 7 6 , 3 1 4 $ W a t e r D e p a r t m e n t 1 8 , 8 4 9 , 8 1 2 $ 2 7 , 0 0 0 , 7 0 7 $ 53 , 7 6 9 , 3 1 5 $ 8 1 , 7 5 4 , 8 5 5 $ T o t a l C a p i t a l O u t l a y 75 , 1 3 6 , 6 9 2 $ 1 1 5 , 8 3 8 , 4 5 3 $ Ex a m p l e o f p r o j e c t s t h e C i t y a c c o m p l i s h e d to m e e t e x p a n d i n g s e r v i c e r e q u i r e m e n t s • Ad d e d 1 5 6 a c r e s o f de v e l o p e d p a r k l a n d . • Po l i c e f o r c e i n c r e a s e d fr o m 7 2 F T E ’ s t o 1 1 7 FT E ’ s . • Fi r e w e n t f r o m 3 t o 5 st a t e s a n d i n c r e a s e d f r o m 48 F T E ’ s t o 7 1 . 5 F T E ’ s . • 17 0 . 5 m i l e o f w a t e r l i n e s • 12 0 m i l e s o f s e w e r l i n e s • 3, 4 0 7 m a n h o l e s a d d e d • 1, 6 0 6 m a n h o l e s a d d e d • Wa t e r p u m p i n g c a p a c i t y in c r e a s e d f r o m 3 6 M G D to 6 8 M G D • Se w e r a v e r a g e d a i l y f l o w gr e w f r o m 4 . 0 8 M G D t o 6. 1 9 M G D Ge n e r a l F u n d B a l a n c e P r o j e c t i o n s • Pr o j e c t e d G e n e r a l F u n d Ba l a n c e f o r F Y 2 0 1 5 a n d FY 2 0 1 6 . • “E x c e s s A f t e r B a s e ” f o r FY 2 0 1 7 t h r o u g h F Y 2 0 2 0 a r e fu n d s a v a i l a b l e a t b u d g e t ti m e f o r r e p l a c e m e n t s a n d en h a n c e m e n t s . • Th e b a s e ( p e r s o n n e l a n d op e r a t i n g ) i s b a s e d o n t h e hi s t o r i c a l a v e r a g e s a t t a c h e d do w n w a r d – c o n s e r v a t i v e ! Pe r c e n t a g e s i n t a b l e o n t h e le f t . • Th e r e v e n u e f o r t h e pr o j e c t i o n i s i n c r e a s e d a n av e r a g e o f 5 % a n n u a l l y , wi t h p r o p e r t y t a x in c r e a s i n g a b o u t 8 % an n u a l l y . As s u m p t i o n s f o r a n n u a l c o s t i n c r e a s e s Pe r s o n n e l I n c r e a s e O p e r a t i n g I n c r e a s e Ad m i n i s t r a t i o n 8 % va r i e s b y d e p a r t m e n t , a b o u t 3 % a v e r a g e De v e l o p m e n t S e r v i c e s 4% 1 % t o 3 % Pa r k s 6 % 5 % Po l i c e 6 % 2 % Fi r e 5 % 3 % Ge n e r a l F u n d - F u n d B a l a n c e P r o j e c t i o n s FY 2 0 1 5 F Y 2 0 1 6 Se p t e m b e r 3 0 E s t i m a t e d E n d i n g F u n d B a l a n c e $ 1 9 , 5 1 4 , 1 19 $ 1 8 , 1 2 2 , 4 4 3 FY 2 0 1 4 C o m m u n i t y D e v e l o p m e n t t r a n s f e r t o C I P F u n d $1 , 3 9 1 , 6 7 6 $1 8 , 1 2 2 , 4 4 3 FY 2 0 1 5 C o m m u n i t y D e v e l o p m e n t t r a n s f e r t o C I P F u n d $1 , 5 0 0 , 0 0 0 Ne t I m p a c t F Y 2 0 1 6 B u d g e t -$ 1 , 2 5 6 , 3 4 9 $1 8 , 1 2 2 , 4 4 3 Op e r a t i n g R e s e r v e $1 0 , 0 0 0 , 0 0 0 $ 1 0 , 0 0 0 , 0 0 0 Un r e s e r v e d $8 , 1 2 2 , 4 4 3 $ 5 , 3 6 6 , 0 9 4 FY 2 0 1 7 E x c e s s A f t e r B a s e $ 2 , 3 8 5 , 7 7 8 FY 2 0 1 8 E x c e s s A f t e r B a s e $ 2 , 1 6 6 , 9 2 2 FY 2 0 1 9 E x c e s s A f t e r B a s e $ 1 , 7 2 8 , 6 2 2 FY 2 0 2 0 E x c e s s A f t e r B a s e $ 1 , 5 0 3 , 4 3 8 Im p a c t F e e F u n d B a l a n c e F Y 2 0 1 5 B e g i n n i n g F Y 2 0 1 5 F Y 2 0 1 5 F u n d B a l a n c e N e t C h a n g e E n d F u n d B a l a n c e P o l i c e $ 3 0 8 , 1 4 3 $ 2 4 0 , 0 0 0 $548,143 F i r e $ 1 , 5 8 4 , 0 8 8 $ 9 0 0 , 0 0 0 $2,484,088 P a r k s $ 5 , 7 7 5 , 9 7 9 $ 9 2 3 , 0 1 8 $6,698,997 P a r k s F Y 2 0 1 6 B u d g e t e d I m p a c t F e e s $ 2 , 7 5 8 , 0 0 0 A n n u a l P r o j e c t e d I m p a c t F e e R e v e n u e F Y 2 0 1 6 $ 1 , 7 9 4 , 4 3 6 F Y 2 0 1 7 $ 1 , 7 9 4 , 4 3 6 F Y 2 0 1 8 $ 1 , 9 4 5 , 8 1 2 F Y 2 0 1 9 $ 1 , 5 8 5 , 0 0 0 F Y 2 0 2 0 $ 1 , 5 1 5 , 0 0 0 Ca p i t a l I m p r o v e m e n t F u n d FY 2 0 1 5 F Y 2 0 1 6 Fu n d B a l a n c e F u n d B a l a n c e Be g F u n d B a l a n c e $2 , 5 2 8 , 6 6 6 Be g F u n d B a l a n c e $3,920,342 FY 2 0 1 4 T r a n s f e r f r m $1 , 3 9 1 , 6 7 6 FY 2 0 1 5 T r a n s f e r f r m $1,500,000 D e v e l o p S e r v i c e s D e v e l o p S e r v i c e s En d i n g B a l a n c e $ 3 , 9 2 0 , 3 4 2 E n d i n g B a l a n c e $ 5 , 4 2 0 , 3 4 2 No w W h a t ? Fo r e c a s t s a r e f o r d e v e l o p m e n t t o r e m a i n r e l a t i v e l y co n s i s t e n t f o r a t l e a s t t h e n e x t t h r e e y e a r s . Me r i d i a n i s s u s c e p t i b l e t o e c o n o m i c s w i n g s b e c a u s e the le v e l o f d e v e l o p m e n t i s i n t e n s e w i t h s o m u c h b a r e l and, the do w n t u r n s c a n b e j u s t a s i n t e n s e . Ho w e v e r , t h e C i t y w e a t h e r e d t h e r e c e s s i o n i n g o o d shape. Th e m a n t r a “ M a n a g e t h e B a s e ” s e r v e d u s w e l l . We h a v e b e e n t h e r e , d o n e t h a t . B i g A d v a n t a g e . Ba s e i n c r e a s e i n F Y 2 0 1 6 b u d g e t i s c o n s e r v a t i v e a t 5% No w W h a t ? Ch a l l e n g e s ; Re v e n u e l a g s g r o w t h , i n h e r e n t i n s t a t e s t a t u t e Ci t i z e n s e x p e c t t h e s a m e q u a l i t y o f l i f e t h e y h a v e now; pa r k s p a c e , r e c r e a t i o n p r o g r a m s , e v e n t s , a n d en t e r t a i n m e n t . Bu t ; P u b l i c S a f e t y i s f a l l i n g b e h i n d … … … … … … . W h a t is th e b a l a n c e – w h a t s e r v i c e l e v e l s d o w e a d o p t ? ? ? Pa y i n g f o r w a t e r a n d s e w e r ; w h o p a y s w h a t , u s a g e cu s t o m e r , d e v e l o p e r , o r b u i l d e r a n d h o w d o t h e y p a y ? Fo r t u n a t e l y c a p i t a l p r o j e c t s h a v e s o m e u n i q u e f u n d i ng me c h a n i s m s ; i m p a c t f e e s a n d c a p i t a l i m p r o v e m e n t f u n d, bu r s t s o f a c t i v i t y i n c r e a s e E n t e r p r i s e F u n d c o n n e c t ions fe e s . B u t , t h e n w e h a v e t o e v e n t u a l l y m a k e m a j o r r e pairs or r e p l a c e t h e m . No w W h a t ? CH A L L E N G E S ; Go v e r n m e n t i s a n e n t i t y t h a t d e p e n d s o n s k i l l e d s t a ff , a n d s t a f f ma k e s u p a l a r g e p e r c e n t a g e o f t h e c o s t . S t a f f a n d m a i n t e n a n c e a n d op e r a t i o n s c o s t s m u s t b e f u n d e d w i t h s t a b l e s o u r c e s o f r e v e n u e . Th e G e n e r a l F u n d d o e s n o t h a v e a l o t , o r a n y s t a b l e s o u r c e s o f re v e n u e . Ta x r e v e n u e s a r e s h a r e d w i t h t h e c o u n t i e s , s c h o o l s , a n d t h e s t a t e , an d a l w a y s u n d e r c h a l l e n g e . C i t i e s h a v e n o t a x i n g a b i l i t y , o n l y e x i s t s wi t h t h e s t a t e , a n d w h a t t h e s t a t e g i v e s , t h e y c a n ta k e a w a y . I n re c e n t y e a r s l e g i s l a t i o n h a s r e d u c e d p r o p e r t y t a x t hr o u g h ex e m p t i o n s a n d s a l e s t a x i s a l w a y s u n d e r t h r e a t . Sc a r y c a u t i o n a r y st o r y ; w h a t h a p p e n e d t o t h e s c h o o l s w h e n t h e i r t a x f o u n d a t i o n sw i t c h e d f r o m p r o p e r t y t a x t o s a l e s . S e e m i n g l y s t a bl e r e v e n u e st r e a m t o u n s t a b l e r e v e n u e s t r e a m . • To t a l t a x a b l e v a l u e u p 1 4 % ; i n c l u d e s i n c r e a s e s i n p ro p e r t y v a l u e a n d n e w d e v e l o p m e n t • Ne w c o n s t r u c t i o n a m o u n t d e c r e a s e d 1 8 % • Le v y r a t e w e n t f r o m . 0 0 4 0 0 5 8 4 2 t o . 0 0 3 8 2 5 8 6 1 - A l l nu m b e r s r e c e i v e d f r o m A s s e s s o r s Of f i c e w i l l l i k e l y c h a n g e • Th e “ S a m p l e o f S i x ” h a d p r o p e r t y v a l u e ch a n g e s a l l o v e r t h e m a p , f r o m a g a i n o f 1 8 % to a l o s s o f 3 % . T h e a v e r a g e 5 % g a i n . CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE September 1, 2015 ITEM # 613 Project Number: Project Name: FY2016 Proposed Budget PLEASE PRINT NAME FOR AGAINST NEUTRAL C .. i Y OFC ' Meridian City Council Meeting DATE: September 2, 2015 til=l11iLIV Int - 40 PROJECT NUMBER: ITEM TITLE: Items moved from 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: September 2, 2015 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Department Reports Mayor's Office Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 9A PROJECT NUMBER: FP 15-028 ITEM TITLE: Isola Creek FP 15-028 Isola Creek No 3. by Isola Creek, LLC Located East Of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of Twenty-five (25) Single -Family Residential Building Lots and Two (2) Common Lots on Approximately 9.85 Acres of Land ina R-4 Zoning District. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILEDTO STAFF SENT.TO AGENCY SENTTO APPLICANT NOTES INITIALS Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Se p t e m b e r 1 , 2 0 1 5 Se p t e m b e r 1 , 2 0 1 5 Se p t e m b e r 1 , 2 0 1 5 Se p t e m b e r 1 , 2 0 1 5 It e m # 9 A : I s o l a C r e e k S u b d i v i s i o n N o . 3 Vi c i n i t y M a p Ap p r o v e d P r e l i m i n a r y P l a t Pr o p o s e d F i n a l P l a t Meridian City Council Meeting DATE: September 2 2015 ITEM NUMBER: 10A ITEM TITLE: Mayor's Office Mayor's Office: Communication Update PROJECT NUMBER: o MOOV1,11101 MEETING NOTES Ko-tff 6"'r Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Click to edit Title Page Communications Update Sept. 1, 2015 Website Update Welcome to Meridian Project Click to edit Title Page Website – New Look! Launches tomorrow – Wed. Sept. 2, 2015 Click to edit Title Page -Design upgrade to make the site more user and mobile friendly -Departments will still maintain their own pages via Ektron -Style guidelines established -Training sessions in progress to update departments on guidelines -A lot of help on this project: -Committee representing numerous departments -IT – Mike Tanner and Nick Phares -City Clerk’s Office – Jacy Jones -IT Intern – Logan Adams -Soft Launch – Still work to be done Click to edit Title Page Welcome to Meridian -This past week we successfully completed the Welcome to Meridian PILOT Project -The project was initiated back in December as a way to reach out to new residents and educate them about the City services available to them. -We sent out nearly 500 thumb drives to local residents, along with a welcome note from the Mayor -The thumb drives included the following files: -Welcome to Meridian Video -Additional Helpful Videos: MYAC Overview, Meridian’s Drinking Water, Solid Waste and Recycling Program, and Wastewater Utility videos, and the Economic Development video -Helpful Information: The 2014 Annual Report, Connect with Us brochure, Meridian Do The Right Flyer, Parks and Rec Fall Activity Guide, and Upcoming Connection Events Flyer Click to edit Title Page Welcome to Meridian -We encouraged feedback from recipients – urging them to send comments to communications@meridiancity.org -The new Welcome to Meridian video will live on the City’s website and on the City’s YouTube page. -Once we gather feedback regarding our pilot, we will determine next steps which could include a long term “Welcome to Meridian” process in sending out thumb drives to new residents with the information or via email. Click to edit Title Page Click here to view the video online Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Community Development Community Development: U.S. 20/26 (Chinden Boulevard) - Corridor Study, Truck Traffic and Improvements Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS July 10, 2015 P.O. Box 8028 Boise, ID 83707-2028 Caleb Hood City of Meridian, Planning Division Manager 33 E. Broadway Ave., Ste. 300 Meridian, ID 83642 Dear Caleb, (208) 334-8300 itd.idaho.gov 11 T2 E' RE }i SEP 2015 CITY CI1` CLERKS OF Thank you for your participation and input on the Idaho Transportation Department's (ITD) long-range plans for U.S. 20/26 west of Eagle Road in Boise to Interstate 84 in Caldwell. ITD would also like to thank the Mayor, City Council members and the Meridian Transportation Task Force for their participation. The Corridor Plan, along with a concept report, will include recommended roadway improvements and right-of- way needs for the corridor between now and 2040. This letter summarizes the comments and questions we heard from the City of Meridian at our meeting on June 25 at the Ambrose School. • In general, the City is supportive of the recommended improvements for the corridor. • The City of Meridian supports limiting access points on U.S. 20/26 to keep it functioning as a high-speed corridor with mobility as a priority. The IDAPA is in conflict with this goal, and the City would like ITD to resolve this issue. • The City of Meridian would like ITD to: o Complete the Environmental Assessment as soon possible, so preservation of right-of-way can begin. o Instead of 7 -feet wide, extend the 10 -foot wide detached pathway through the last segment "East of Meridian to Eagle Road." (Meridian Code and approved developments along the corridor have all been required to install 10 -foot wide facilities.) o Program the improvements planned at the intersections between Linder Road and Eagle Road as soon as possible. t o Implement a public education program about Continuous Flow Intersections to help the community learn how to navigate this new intersection configuration prior to opening. • The City of Meridian would like ITD to consider: o,,, Including pedestrian refuge areas at signalized arterial intersections. o Building p destrian bridges over U.S. 20/26 at Linder, Locust Grove and/or Meridian in order to 1 keep traffic flowing, while also accommodating pedestrians. • ,Questions: o What improvements can be accomplished without federal funding? o How will phasing of the improvements be prioritized? o How will traffic through the CFI intersections be routed during a power/signal outage? o What are ITD's plans to improve the intersection of U.S. 20/26 (Chinden) and Eagle Road? o,. How is ITD. going to handle the transition of U.S. 20/26 from a six -lane corridor to a four -lane corridor that leads into Boise? o How would ITD like to begin resolving the conflict between IDAPA and the need to. restrict access on the U.S.•20/26 corridor? Before we finalize the concept report, ITD would like to confirm that the City's comments have been captured correctly. Will you please let me know if I have accurately documented the City's comments? If I have not heard back from you by July 24, 2015,1 will assume this list is accurate, ITD will be back in touch with you later this summer to address your questions and to let you know how we have incorporated your comments into the concept report. If you have any questions, please feel free to give me a call at 334-4450. Thank you for your participation in this important protect. Sincerely, Marc Danley, P.E. ITD District 3 Project Manager Cc: Mayor City Council `i F Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 10C PROJECT NUMBER: ITEM TITLE: Community Development Community Development: Review Initial Draft of the Ada County Highway District (ACHD) FY2016-2020 Integrated Five -Year Work Plan 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 Planning Department 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org August 20, 2015 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Initial Draft ACHD 2016-2020 IFYWP August 25, 2015 City Council Agenda Item On August 12 th , the ACHD Commission approved the release of the Initial Draft of the FY2016- 2020 Integrated Five-Year Work Plan (IFYWP) for public comment. The Commission requests that we provide input as to any projects within the initial draft about which we have particular concerns. Identifying these concerns early will provide the opportunity for enhanced dialog between ACHD and the City to resolve these concerns before a project gets too far along. During the August 25 th City Council meeting, Staff will explain some of the changes between the currently-adopted, 2015- 2019 ACHD IFYWP and the Initial Draft of the 2016-2020 IFYWP. ACHD is seeking public and agency comments on the Initial Draft by September 11 th . Ideally, Staff would be discussing this with the Meridian Transportation Commission (MTC) before Council. However, due to when the IFYWP was released (8/12/15), the next MTC meeting (9/14/15 due to Labor Day) and when ACHD requested comments (9/11/15) that is not an option. Please find below, a summary list of changes from the adopted IFYWP and the Initial Draft. Here is a link to the entire Initial Draft FY2016-2020 IFYWP: http://www.achdidaho.org/Departments/PP/5Year.aspx Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 10D PROJECT NUMBER: ITEM TITLE: Community Development Community Development: Community Development: Transportation Projects Update - Discuss Transportation Related Studies, Projects and Programs Including: ACHD's Vacation Policy and Various Construction Project Updates. 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: September 2. 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 2, 2015 ITEM NUMBER: 11A PROJECT NUMBER: RZ 15-010 ITEM TITLE: Ordinance Ordinance No. l5- 1661 -:An Ordinance (RZ 15-010 -Human Bean) For The Re -Zone Of A Parcel Of Land Located In The Northeast 114 Of The Northeast 1/4 Of Section 12, Township 3 North, Range 1 West; Establishing And Determining The Land Use Zoning Classification Of R-4 (Medium Low Density Residential) Zoning District To O -T (Old Town) And Providing An Effective Date MEETING NOTES P 0VIU 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 2015-082092 BOISE IDAHO Pgs=5 NIKOLA OLSON 09/03/2015 02:10 PM MERIDIAN CITY NO FEE IIIIIIIIIIIIIIIIII111111IIIIII IIII 1111111 III' I III 00141529201500820920050052 CITY OF MERIDIAN ORDINANCE NO. ` BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 15-010 — HUMAN BEAN) FOR THE RE -ZONE OF A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/40F THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF R-4 (MEDIUM LOW DENSITY RESIDENTIAL) ZONING DISTRICT TO O -T (OLD TOWN) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Ada County Highway District. SECTION 2. That the above-described real property is hereby re -zoned from the R-4 (Medium -Low Density Residential) zoning district to the O -T (Old Town) zoning districts, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. RE ZONE ORDINANCE — HUMAN BEAN — RZ 15-010 PAGE 1 OF 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2015. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this S RE ZONE ORDINANCE - HUMAN BEAN - RZ 15-010 PAGE 2 OF 3 STATE OF IDAHO, ) ss: County of Ada ) On this -�— day ofd p -}e m , 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. (SEAL) .e•••e•• N J® • � • i i i r � Notary 'c-f-o-rMaho- ResidingAt: At: �D My Commission Expires: RE ZONE ORDINANCE — HUMAN BEAN — RZ 15-010 PAGE 3 OF 3 EXHIBIT A COMPASS LAND SURVEYING, P.L.L.C. 6940 N. Linder Road Telephone: (208) 442-0115 Meridian, Idaho 83646 Fax: (208) 327-2106 Email: jeffwb.cls@gmail.com A parcel of land located in the Northeast 1/4 of the Northeast 1/4 of Section 12, Township 3 North, Range IWest, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the Northeast corner of said Northeast 1/4, from which a brass cap monument marking the Southeast corner of said Northeast 1/4 bears South 00°23'19" West, 2651.92 feet; Thence along the Easterly boundary of said Northeast 1/4 and the centerline of N, Meridian Road, South 00'23'19" West, 289.85 feet (formerly 289.88 feet) to a point; Thence leaving the said Easterly boundary and the center line of said N. Meridian Road, North 89°36'41" West, 30.00 feet to a point on the Easterly boundary of Lot 9 Block 1 of Wilson Addition to Meridian as shown in Book 12 of Plats on rage 708, Records of Ada County, Idaho; Thence along a line being 10.00 feet Southerly of and parallel to the Southerly boundary of Lot 8 Block 1 of said Wilson Addition to Meridian, North 89°27'52" West, 128.00 feet to a point on the Wf.t I IwOng add We aursa y, ! a brew mg 55.10 tt O mtha of and 0 o Ole ut-hrx . t fw*-,1. €sal am" AfirHum to mWi, Tr�vrffi' `NI44' Thence along the centerline of said NW 1st Street, North 00°23'19" East, 284.89 feet to point on the Northerly boundary of said Northeast 1/4 and the center line of W. Cherry Lane; Thence along said Northerly boundary and the center line of said W. Cherry Lane, South 8912640" East. 316.00 feet to the POINT OF BEGINNING. Human Bean RZ 15-010 1/4 Corner Sections 1 & 12 CP&F No. 2015011237 ------------ EXHIBIT B REZONE EXHIBIT LOCATED IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO ----------S 89'2640" E ---------------------- 2655.21'--------------- S 89'240" E 316.00' W. CHERRY LANE I 'al c� ry PARCEL R9453000007 REZONE BOUNDARY 2.08 ACRES LEGEND t H1) Calculated point C4 Found brass cap 01 Set 5/8 inch dia. x 30 inch iron ZI pin w/plastic cap PLS 11574 Rezone Boundary line Section/Center line 0 30 60 120 Scale: 1" = 60' Human Bean RZ 15-010 Section Comer "PLS 5291, 2013" CP&F No. 113105589 12 "A r o N89'25'44" W158.00'27'52" W L1 N 128.00' o v, I UNE TABLE LINE I BEARING DISTANCE I Lt N 89'36'41 W 30.00 1/4 Corner L2 00'23'19" E 5.05 Sections 12 & 7 "PLS 11118, 2013' J CP&F No. 114006712 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 15 - PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a parcel of land located in the Northeast 1/a of the Northeast 1/a of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County. This parcel contains 2.08 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of 2015. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 15 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 15- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of 12015. William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- HUMAN BEAN - RZ 15-010 PAGE 1