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2015-09-15I D . CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING Tuesday, September 15, 2015 at 5:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll -call Attendance: X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam O Luke Cavener (arrived @ 5:26 p.m.) X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted 3. Executive Session as Per Idaho State Code 74-206(d)(f): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 5:01 p.m. Out of Executive Session at 6:15 p.m. Adjourned at 6:15 p.m. Meridian City Council Pre -Council Meeting Agenda — September 15, 2015 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAMCITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 15, 2015 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Randy Rodes from The Vineyard Meridian 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Final Order for Approval: 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 B. Final Order for Approval: 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 C. Memorandum Of Agreement For Facility Rental For 8 In 48 Short Play Festival for a Not -to -Exceed Amount of $1,000.00 D. Approval of a Purchase Order #15-0525 for Miscellaneous Desktop and laptop Replacement Personal Computers to Hewlett-Packard in the Not -to - Exceed Amount of $113,346.20 E. Well Site Lease Agreement for Graycliff Estates Subdivision F. Emergency Medical Services Joint Powers Agreement Renewal Meridian City Council Meeting Agenda — Tuesday, Tuesday, September 15, 2015 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Approval of purchase of Motion Tablets from CDW-Government, LLC. for the Not -To -Exceed amount of $70,638.90 and authorize the Purchase Manager to create and sign the Purchase Order for the Not -to -Exceed amount of $70,638.90. H. FP 15-030 Heritage Grove No. 3 by Green Village Development, Inc. Located North of E. Ustick Road and West Side of N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty -One (31) Single Family Residential Lots and Four (4) Common Lots on 5.36 Acres of Land in the R-15 Zoning District 6. Items Moved From the Consent Agenda None 7. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. FP 15-029 Solterra Subdivision No. 2 by C15,LLC Located Near the Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Final Plat Approval Consisting of Forty -Six (46) Single Family Residential Lots and Six (6) Common Lots on Approximately 5.34 Acres in the R-15 Zoning Districts (FP 15-029 replaces FP 15-006 which has been requested to be withdrawn) Approved B. Public Hearing: TEC 15-004 Shops at Victory by Ken Lenz Located Southeast Corner of S. Eagle Road and E. Victory Road Request: One (1) Year Time Extension on the Conditional Use Permit (CUP -08-011) and Preliminary Plat (PP -08-006) Approved with Conditions 8. Department Reports A. Mayor's Office: Resolution No. 15-1088: A Resolution Re -appointing Matthew Adams to Seat 4, John Nesmith to Seat 5, Spencer Martin to Seat 6 and Seldon S. "Butch" Weedon to Seat 7 of the Meridian Impact Fee Advisory Committee Approved B. Mayor's Office: Resolution No. 15-1089: A Resolution Re -Appointing Robert Corrie to Seat 2 and Cheryl Caldwell to Seat 3 of the Meridian Solid Waste Advisory Committee Approved Meridian City Council Meeting Agenda — Tuesday, Tuesday, September 15, 2015 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Mayor's Office: Resolution No. 15-1090: A Resolution Re -Appointing Joely Walters as a Youth Commissioner to the Historical Preservation Commission Approved 9. Future Meeting Topics None 10. Executive Session as Per Idaho Code 74-206(c): (c) To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency Amended onto the agenda: (f) To Consider and Advise Its Legal Representatives in Pending Litigation 11. Into Executive Session at 6:35 p.m. Out of Executive Session at 7:39 p.m. Adjourned at 7:40 p.m. Meridian City Council Meeting Agenda — Tuesday, Tuesday, September 15, 2015 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop September 15, 2015 A meeting of the Meridian City Council was called to order at 6:15 p.m., Tuesday, September 15, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David Zaremba, Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Clint Dolsby, Will Stoey, Chris Amenn, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X _ Joe Borton X__ Charlie Rountree X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: Thank you for your patience. We apologize for our late start. For the record it is Tuesday, September 15th. It's 6:15. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Randy Rodes from The Vineyard Meridian De Weerd: Item No. 3 is our community invocation and I do not see Pastor Rodes here. Item 4: Adoption of the Agenda De Weerd: So, we will go ahead and move to Item 4, adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Items 8-A the resolution number is 15-1088, 8-B the resolution number is 15-1089 and 8-C the resolution number is 15-1090. With those additions, Madam Mayor, I move that we approve the agenda. Meridian City Council September 15, 2015 Page 2 of 12 Bird: Second. De Weerd: I have a motion and a second to approve the agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Final Order for Approval: 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 B. Final Order for Approval: 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 C. Memorandum Of Agreement For Facility Rental For 8 In 48 Short Play Festival for a Not-to-Exceed Amount of $1,000.00 D. Approval of a Purchase Order #15-0525 for Miscellaneous Desktop and laptop Replacement Personal Computers to Hewlett-Packard in the Not-to-Exceed Amount of $113,346.20 E. Well Site Lease Agreement for Graycliff Estates Subdivision F. Emergency Medical Services Joint Powers Agreement Renewal G. Approval of purchase of Motion Tablets from CDW-Government, LLC. for the Not-To-Exceed amount of $70,638.90 and authorize the Purchase Manager to create and sign the Purchase Order for the Not-to-Exceed amount of $70,638.90. H. FP 15-030 Heritage Grove No. 3 by Green Village Development, Inc. Located North of E. Ustick Road and West Side of N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty- One (31) Single Family Residential Lots and Four (4) Common Lots on 5.36 Acres of Land in the R-15 Zoning District De Weerd: Item 5 is our Consent Agenda. Meridian City Council September 15, 2015 Page 3 of 12 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda. Authorize the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. FP 15-029 Solterra Subdivision No. 2 by C15,LLC Located Near the Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Final Plat Approval Consisting of Forty-Six (46) Single Family Residential Lots and Six (6) Common Lots on Approximately 5.34 Acres in the R-15 Zoning Districts (FP 15-029 replaces FP 15-006 which has been requested to be withdrawn) De Weerd: So, we will move into Item 7 under Action Items. There is -- thank you, Madam Clerk, for including the description about the public hearing process. We will go ahead and ask staff for comments on 7-A. Parsons: Thank you, Madam Mayor, Members of the Council. The first action item on the agenda this evening is the Solterra Subdivision No. 2. This project was before you back in March where you acted on a previous final plat. At that time they were requesting additional buildable lots, 51 to be exact, and in order for them to move forward on this revised plat we are asking that you acknowledge their withdrawal. The applicant has requested withdrawal of the previous final plat and they have submitted a new final plat for your consideration this evening. The previous plat, as I mentioned, had 51 residential lots. To get you oriented here, here is the approved preliminary plat. The first phase has already commenced or recorded and the second phase is primarily the eastern portion of this residential subdivision. So, when this plat was before you in March of this year the applicant was requesting 51 residential lots. Now they are here to have you approve their Meridian City Council September 15, 2015 Page 4 of 12 new final plat that has reduced their lot count from 51 down to 46 and the primary reason is they want to include more attached product within the development and less of the single detached homes. When this project was before you as part of the annexation and the -- or the rezone and the preliminary plat, they had always conveyed that there would be a mix of two residential housing types in this development. I have analyzed the overall density approved with that preliminary plat and compared it to the proposed final plat before you this evening and it is still consistent with the overall preliminary plat. The open space itself is still consistent with the overall open space proposed for the subdivision as well. So, really, the only change this evening between the two subdivisions is the reduction in the number of buildable lots and that is allowed under the UDC that the director can make that finding that you are allowed to reduce the number of buildable lots, as long as you still fall within that density parameter of the UDC and the plat before you does that. The staff has received written testimony from the applicant and they in agreement with all conditions of the final plat. So, there are no outstanding issues for you this evening and we just ask that, again, you acknowledge the withdrawal and approve the final plat as submitted. With that I would stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Is the applicant here? Would you have any comment or are you good with the staff report? Okay. Thank you. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the withdrawal of the previous plat and approve the final plat for Item 7-A. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-A as noted. Any discussion? Okay. Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: TEC 15-004 Shops at Victory by Ken Lenz Located Southeast Corner of S. Eagle Road and E. Victory Road Request: One (1) Year Time Extension on the Conditional Use Permit (CUP-08-011) and Preliminary Plat (PP-08-006) Approved De Weerd: Item 7-B is a public hearing on TEC 15-004. I will open this public hearing with staff comments. Meridian City Council September 15, 2015 Page 5 of 12 Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is the Shops at Victory time extension for the preliminary plat and conditional use permit. The site is located on the southeast corner of Victory and Amity -- or South Eagle Road. This is the fourth time extension proposed by the applicant and the previous one would have expired -- or last time extension approved in September of 2013. The applicant is here to extend their time extension for a one year time period in order to solidify their lease with the Rite-Aid that's proposed for the corner and here is the conceptual plan or the conditional use permit application site plan that was approved with that application. This site is subject to a development agreement that was approved back in 2008. With the previous time extension staff has required that they comply with the current provisions of the UDC. The only new condition that we are recommending to you this evening is as we discussed at your workshop hearing that last week. The planning department is in the process of changing the design manual and also some changes to the UDC and so we wanted to make sure -- based on the timing of this development we wanted to make sure that the applicant would comply with the motion -- any changes to those design standards, we have a condition here that they comply with whatever ordinances are in effect at the time that they submit their application. We received written testimony from the applicant. They are in agreement with that condition and I'd also mention to Council that all of the conditions of the previous time extensions and those that were subject to the conditional use permit, the preliminary plat, and the development agreement still remain in effect for this property. With that I will conclude my presentation and stand for any questions you might have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. De Weerd: Okay. Would the applicant like to comment? Good evening. If you will, please, state your name and address for the record. Huber: Yes. Jeff Huber. White-Leasure Development Company. 8385 West Emerald, Boise. De Weerd: Thank you. Huber: Yes. We would -- we are requesting a time extension. We hope we can -- we have sort of come into this property recently, not since 2008, but we have got a tenant that we are working with and we think we can make this project move forward now if we had just a little more time. De Weerd: Okay. Thank you. Huber: Thank you. De Weerd: Council, any questions? Meridian City Council September 15, 2015 Page 6 of 12 Rountree: Madam Mayor, I have a question either for the applicant or Bill. On the -- is the dwelling and the outbuildings and the infrastructure that used to occupy that site, is it still there, still present? Parsons: Madam Mayor, Members of the Council, I believe that existing residence is on the property. De Weerd: I will ask -- I will refer that question to the applicant. Huber: Yes, it's still there. It's -- we are going to be taking it down as soon as we solidify our lease with Rite-Aid. Rountree: And it's unoccupied? Huber: Yes. Rountree: Okay. Thank you. De Weerd: Mr. Zaremba, did you also have a question? Zaremba: I actually could answer that question as well. And I was just going to comment. The last time this came up that former residence looked like it was able for people to break into it and maybe they were and I commented on that and since then it looks like it's been secured. I understand the eventual point is to take it down, but I drive by there every once in a while for other reasons and have noticed that it does appear to be secure. So, thank you for helping with that. Huber: Okay. Thank you. De Weerd: Thank you. Okay. This is a public hearing. I did have Bob Aldridge sign up in favor of the time extension. Thank you for joining us. It's been quite some time. Aldridge: Madam Mayor, that's been a good thing, so -- I am Bob Aldridge, 3300 Falcon Drive. I'm the property immediately to the southeast of this and I have been here a lot of times on this. I have worked extensively with the prior owners, including doing some land adjustments so they could fit their buildings in. They were very good to work with. Fulfilled all their promises. I have met with the new people that are coming forward with this. I think they are going to be the same. I think they are going to do a good job there and it's something I would love to see moving and going. It's the corner that needs to be brought up to standards. So, I'm very much in favor of proceeding with it. De Weerd: Thank you, Bob. Any questions? This is a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council September 15, 2015 Page 7 of 12 Milam: Seeing none, I move that we close the public hearing on TEC 15-004. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve TEC 15-004 with all staff and applicant comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-B. Madam Clerk, will you call -- yes, Mr. Rountree. Rountree: Discussion? De Weerd: Yes. Rountree: You know, we have talked about these time extensions several times and this is, what, it's fourth or moving towards its fifth. At some point in time it's got to stop and I very much hope and I anticipate that it will develop, but I would hope that the -- we could have a motion or a condition here that it won't happen again and that by the time the end of the extension of this particular plat is done that at least the site is cleaned up, weeds removed, infrastructure removed, made to be buildable and -- or site limited now. So, if the maker of the motion would consider some of those in her motion I would appreciate it. De Weerd: Thank you for the discussion. Anybody else? Milam: So, do I need to start over or just add those to the motion? Rountree: If you want to. It's up to you. Milam: So, I will withdraw the motion on the floor and start over. Bird: Second agrees. De Weerd: Okay. Second agrees. Milam: And I agree with Charlie, too. So, Madam Mayor? Meridian City Council September 15, 2015 Page 8 of 12 De Weerd: Mrs. Milam. Milam: I move that we approve TEC 15-004 with a note that this would be the last time extension approved for this project and that within this year period at least the current condition of the property gets cleaned up, removing infrastructure and any unsightly weeds. Anything else? Bird: Second. De Weerd: I have a motion and a second to extend the -- the time for one year. This seems to be a final extension. Mr. Zaremba. Zaremba: Madam Mayor, I just wanted to review the process a little bit and staff can correct me if I'm wrong, but I believe the first time extension and maybe the second time extension is an administrative approval that doesn't come to the Council, but the reason it comes to the Council on the third and subsequent ones is that it always gives us the opportunity to say no. I am in favor of the motion the way it was made this time, but I just -- I wanted to clarify the process is that on the third and subsequent times the reason it comes to the Council is for the opportunity to say this can't go on. Am I correct about that? Parsons: Close. Madam Mayor, Members of the Council, Councilman Zaremba, the code allows the director to approve one administrative time extension. The remainder -- the subsequent time extensions have to come to Council. So, it's not two. They get one from -- one staff level approval time extension and the rest will have to come -- would have to come to City Council based on our ordinance. Zaremba: I just wanted to clarify the process. Thank you. De Weerd: Well -- and I think as we are talking process, this could still be applied and requested to the currently seated Council, but this would be on the record as suggesting it be the last, so -- any further discussion? Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you. I'm sure Mr. Aldridge hopes that this is the last time he has to do this, too. Item 8: Department Reports Meridian City Council September 15, 2015 Page 9 of 12 A. Mayor's Office: Resolution No. _____________________: A Resolution Re-appointing Matthew Adams to Seat 4, John Nesmith to Seat 5, Spencer Martin to Seat 6 and Seldon S. “Butch” Weedon to Seat 7 of the Meridian Impact Fee Advisory Committee De Weerd: Item 8-A. Council, in front of you is Resolution 15-1088 reappointing three of our members to the Impact Fee Committee. They have been serving on this committee to provide feedback to Council and represent our citizens in regard to appropriate impact fees. They have also committed to meeting more frequently and so it's their -- they continue to be very valuable assets and eager to continue -- well, eager might be a stretch. Willing to continue to serve and would ask for your reappointment of these three individuals. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Resolution 15-1088 reappointing Matthew Adams to Seat 4, John Nesmith to Seat 5, Spencer Martin to Seat 6, and Seldon S. "Butch" Weedon, Seat 7 -- De Weerd: Sorry. I mean four. Milam: -- of the Meridian Impact Fee Advisory Committee. Borton: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion? And I did misstate. There are four. Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Mayor's Office: Resolution No. ______________________: A Resolution Re-Appointing Robert Corrie to Seat 2 and Cheryl Caldwell to Seat 3 of the Meridian Solid Waste Advisory Committee De Weerd: Item 7-B is also a reappointment of two current advisory committee members. Former Mayor Robert Corrie and Cheryl Caldwell. I would ask for your approval of these reappointments for Mayor Corrie and Mrs. Caldwell to serve on the Solid Waste Advisory Committee. Meridian City Council September 15, 2015 Page 10 of 12 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Resolution 15-1089 reappointing Robert Corrie to Seat 2 and Cheryl Caldwell to Seat 3 of the Solid Waste Advisory Committee. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-B. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Mayor's Office: Resolution No. __________________: A Resolution Re-Appointing Joely Walters as a Youth Commissioner to the Historical Preservation Commission De Weerd: Item 8-C is a resolution 15-1090. It's a reappointment of Joely Walters. She is on our Historical Preservation Commission. I'm sure Mr. Thomason over there would attest that she is a real asset on HPC and so I am excited to ask for your approval for her reappointment. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 15-1090 appointing Joely Walters to the youth commissioner on the Historic Preservation Commission. Milam: Second. Rountree: Second. De Weerd: I have a motion and a second to approve item 7-C reappointing Joely Walters on our HPC board. Madam Clerk, will you, please, call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. Meridian City Council September 15, 2015 Page 11 of 12 MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics De Weerd: Council, any topics for consideration under Item 9? Bird: I have none. Item 10: Executive Session as Per Idaho Code 74-206(c): (c) To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency. Amended onto the agenda: (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Okay. Thank you. Item 10 is Executive Session. Bird: Madam Mayor? De Weerd: Mr. -- Nary: Madam Mayor, before Mr. Bird makes the motion could you add item (f) -- or sub (f) to that, because we weren't able to get that in the first one. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74-206(1)(c), (1)(f). Rountree: Second. De Weerd: I have a motion and a second to add -- to adjourn into Executive Session per Idaho State Code 74-206 (c) and (f). Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (6:35 p.m. to 7:39 p.m.) De Weerd: Okay. I would entertain a motion to come out of Executive Session. Bird: So moved. Milam: Second. Meridian City Council September 15, 2015 Page 12 of 12 De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Bird: So moved Rountree: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR DE WEERD DATE APPROVED Ut1�,TtiD �{ LG.US ATTEST: ti� ro w City of JAYCE OLMAN, CITY CLE IDIAN�- AHO' �F SEAL, 9 Changes to Agenda: None Item #7A: Solterra Subdivision No. 2 (FP -15-029) Application(s): Final Plat Location: The site is located near the northeast corner of N. Hickory Way and E. Fairview Avenue. History: On March 17, 2015, the applicant received approval of a final plat (file #FP -15-006) to develop fifty-one (51) single family residential lots. The applicant is requesting the withdrawal of the previous application to develop five (5) fewer single family residential lots in order to construct additional single level single family attached homes within the development. With the reduction in lots, staff has evaluated the overall density approved with the preliminary plat and has determined that the proposed reduction still maintains the desired density of the MU -R designation and provides a greater mix of housing envisioned with the approval of the Solterra development. Staff recommends the Council acknowledge the withdrawal request before acting on the subject application. Summary of Request: The applicant has re-applied for final plat approval of 46 building lots and 6 common lots on approximately 5.34 acres of land in an R-15 zoning district. This is the final phase of development for the Solterra Subdivision. The gross density with the revised plat is 8.61 dwelling units to the acre. Open space with this phase is 0.15 acres which totals approximately 2.81 % of the overall open space approved with the preliminary plat. The proposed final plat is found to be in conformance with the approved preliminary plat in accord with the UDC. Written testimony: Jim Conger, Applicant's Representative (in agreement w/ all conditions in the staff report) Staff Recommendation: Approval Outstanding Issue(s) for City Council: None Notes: Item #713: Shops at Victory (TEC -15.004) Application(s): ➢ Time Extension (Preliminary Plat & CUP) Size of property, existing zoning, and location: This site consists of 3.7 acres of land, is currently zoned C -C, and is located at the southeast corner of S. Eagle Road & E. Victory Road. History: The preliminary plat & CUP for this site was approved in 2008; this is the 4th time extension requested by the applicant. Summary of Request: Approval of the subject time extension will allow the applicant to proceed with finalizing the lease agreement with Rite Aid, submit the final plat and obtain the City Engineer's signature on the plat and commence the use as permitted by the CUP. If the subject time extension is not granted, the PP & CUP applications for this property would expire and new applications would need to be submitted for City approval. Written Testimony since Commission Hearing: Jeff Huber (in agreement w/staff report) Staff Recommendation: Approval w/conditions (all previous conditions of approval & current design standards and guidelines) Notes: Meridian City Council Meeting DATE: September 15, 2015 - ITEM NUMBER: 5A PROJECT NUMBER: FP 15-02 ITEM TITLE: Isola Creek Final Order for Approval: 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 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 15, 2015 ITEM NUMBER: 5B PROJECT NUMBER: FP 15-027 ITEM TITLE: Kentucky Villas Final Order for Approval: 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 M0RZ 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 15, 2015 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Memorandum of Agreement Memorandum Of Agreement For Facility Rental For 8 In 48 Short Play Festival for a Not - to -Exceed Amount of $1,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SEN I T TO APPLICANT NOTES INITIALS MEMORANDUM OF AGREEMENT FOR FACILITY RENTAL FOR 8 IN 48 SHORT PLAY FESTIVAL This MEMORANDUM OF AGREEMENT FOR FACILITY RENTAL FOR 8 IN 48 SHORT PLAY FESTIVAL (hereinafter "Agreement") is made this _ day of September, 2015 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), through the duly delegated Meridian Arts Commission, and Treasure Valley Children's Theater, LLC, a limited liability company organized under the laws of the State of Idaho, doing business as Treasure Valley Children's Theater ("TVCT"). Collectively, these three parties shall be referred to herein as "Parties." WHEREAS, the mission of the Meridian Arts Commission is to develop, advance, and nurture all facets of the arts to enhance the quality of life for Meridian residents and its visitors; the mission of TVCT is to be part of a healthy, growing community by producing quality theater arts experiences for youth; and the respective governing bodies of City and TVCT find that these missions complement each other and wish to work together to further the objectives of both; WHEREAS, on September 26, 2015, TVCT, with support from the Meridian Arts Foundation ("MAF") and other community partners, is presenting a short play festival entitled "8 in 48" to perform eight (8) new works, written for young audiences and selected from a national call, which festival will be a fundraiser for MAF's effort to build a performing arts facility in Meridian; WHEREAS, 8 in 48 will be held at United Methodist Church of Meridian, Idaho, Inc., ("MUMC"), located at 235 E. Pine Street, Meridian, Idaho, and City wishes to partner with TVCT by paying to MUMC the fee for rental of the MUMC facility for 8 in 48; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows; 1. TVCT commitment. On September 26, 2015, at 7;30 p.m., at MUMC, TVCT shall present the 8 in 48 short play festival (`Event"), at TVCT's sole expense and discretion. 2. City commitment. Following TVCT's completion of the Event on September 26, 2015, and TVCT's provision to City an invoice from MUMC and a W-9 form completed by MUMC, City shall pay to MUMC facility rental fees in the amount of one thousand dollars ($1,000.00), by check sent to MUMC via U.S. Mail. 3. TVCT performance condition precedent. Performance by TVCT of the commitments set forth in this Agreement shall be a condition precedent to City's obligation to remit payment to MUMC. In the event that TVCT does not fulfill the commitments set forth herein, for any reason, City shall not be obligated to pay the facility rental fees to MUMC as set forth herein, in which case TVCT shall assume responsibility for any and all fees due to MUMC. MEMORANDUM OF AGREEMENT FOR FACILITY RENTAL FOR 8 IN 48 SHORT PLAY FESTrVAL PAGE 1 OF 4 4. Indemnification. TVCT and each and all of TVYT's employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants in the Event or related activities, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by TVCT, or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof, at or in his or her use of MUMC or any lack of maintenance or repair thereon and not caused by or arising out of the tortious. conduct of City. 5. Insurance. TVCT shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting TVCT, TVCT's employees, and TVCT's agents and invitees from all claims for damages to property and bodily injury, including death, which may arise during or in connection with the Event, including auditions, rehearsals, set-up, performance, and tear -down. Such insurance shall name City as additional insured, and shall afford at least five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement. If City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of TVCT or any TVCT employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Event or related activities, TVCT covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. 6. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed via United States mail, addressed as follows: If to TVCT: If to City: Autumn Kersey Hillary Bodnar Treasure Valley Children's Theater City of Meridian P.O. Box 9144 33 East Broadway Ave Boise ID 83707 Meridian ID 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. 7. Assignment. TVCT shall not assign or sublet all or any portion 'of TVCT's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and shall be binding upon the respective organizations, legal representatives, successors, and assigns of the parties. 8. Termination. Grounds for termination of this Agreement shall include: an act or omission MEMORANDUM OF AGREEMENT FOR FACILITY RENTAL FOR 8 IN 48 SHORT PLAY FESTIVAL PAGE 2 OF 4 which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or renders performance impossible; or a change in or occurrence of circumstances that renders performance a detriment to the -public health, safety, or welfare. Either party may terminate this Agreement in whole, or in part, by providing seven (7) days written notice of termination. 9. Acceptance as is. TVCT acknowledges that TVCT has inspected the MUMC premises and does accept the premises as being in good and satisfactory order, condition, and repair, and as being useful for the purpose of presenting the Event. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of the MUMC facility, and TVCT accepts such facility "as is." 10. Acknowledgement of risk. TVCT acknowledges that holding the Event at MUMC may carry a risk of injury, death, and/or property loss or damage, and with that knowledge, TVCT does assume for itself, for TVCT's employees, invitees, guests, agents, volunteers, and any and all persons acting under TVCT's direction and/or authority, any and all risks and hazards of undertaking this activity. TVCT understands and acknowledges that the City of Meridian shall provide no insurance or benefit coverage of any kind for injury, death, and/or property damage that may result in connection with or arising out of activities related to the Event or related use of MUMC. 11. Compliance with laws. In performing the services required hereunder, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 12. Discrimination prohibited. In performing the Services required herein, School shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. 13. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 14. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The parties acknowledge and agree,that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. 15. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 16. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. MEMORANDUM OF AGREEMENT FOR FAcu rrY RENTAL FOR 8 IN 48 SHORT PLAY FESTIVAL PAGE 3 OF 4 17. Approval Required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and TVCT, IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. TREASURE VALLEY CHILDREN'S THEATER, LLC: BY: J-4�a) AutumdKersey, tanager CITY OF MERIDIAN: 'LCD AU 4�0 COST! I r9 ? O A tt� ac . Tammy )Veerd �- y " - �,. IDAHO Mayor SE' Al_. F �F <<he TAE MEMORANDUM OF AGREEMENT FOR FAciLTCY RENTAL FOR 8 IN 48 SHORT PLAY FESTIVAL PAGE 4 OF 4 Meridian City Council Meeting DATE: September 15, 2015 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Approval of Purchase Order Approval of a Purchase Order # 15-0525 for Miscellaneous Desktop and laptop Replacement Personal Computers to Hewlett-Packard in the Not -to -Exceed Amount of $113,346.20 MEETING NOTES In 11* f Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, David Tiede Date: 9-3-2015 Re: September 8t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 8'' City Council Consent Agenda for Council's consideration. Approval of Purchase Order #15--0525 for miscellaneous Desktop and Laptop Replacement PC's to Hewlett-Packard in the Not -To -Exceed amount of $113,346.20. This PO is written against the current NASPO ValuePoint (Formerly WSCA) Master Price Agreement No MNNVP-133 and State of Idaho Contract #PADD 16200017. Recommended Council Action: Approval of Purchase Order #15-0525 to Hewlett-Packard for the Not -To -Exceed amount of $113,346.20 and authorize the Purchasing Manager to sign. Thank you for your consideration. 0 Page 1 CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: HEWLETT-PACKARD 13207 COLLECTIONS CENTER DR. CHICAGO, IL 60693 Description HP ProDesk 600G1 SFF Desktop PC C8T89AV HP EliteBook 840 G2 Notebook PC G8R94AV HP Business Slim Top Load Case H5M91AA HP 5 yr Pickup Rtn Notebook 3YWRTY Base U7869E 9x5 NBD Onsite Accidental Service 5 yr Purchasing Manager: Special Instructions Purchase Order 9/16/2015 Attention: David Tiede Billing Attn: Finance 33 E Broadway Ave Address: Meridian, ID 83642 Shipping City of Meridian Address: IT Department 33 East Broadway, Ste. 304 Meridian, ID 83642 Shipping Method: FOB: Unit I Quantity 38.00 45.00 45.00 26.00 19.00 truck destination Unit Price 974.00 1,409.12 19.00 114.00 479.20 Purchase Order Total: 15-0525 Total 37,012.00 63,410.40 855.00 2,964.00 9,104.80 $113,346.20 Coop Contract PO per Quote 10584907-2 dated 8-1-15 by Natalie Kasza. Contract: State of Idaho(NASPO) PADD 16200017. Big Dea191665052 Reseller: VLCM, Attn: Grant Helt, Salt Lake City 84115. Delivery Date MUST be after October 1 2015. 01-1510-15510 Z . N a a'(0 00 UJ 2 E m LL 'C O C • p app cm w e0i co W Q U Q 0 C w ZO LL W) a n m W B r 2 g v Q 3 a �3 � C p Q o 0 LL0 N m g 0W W V Lu O d m L" U W Q U W) ti r o 0 LA D0o f N 0 O ,Q $ j G! • H O HO d' N d N r .-r W H m kD � "I t4 ; yr v� M � a �fl lALn Ln LA m Vi Ln LnL2 Ln u � t a ' o `o 0 0 0 0 0 — E � LI) Ln � ,< a o E m i 0 0 0 0 0 c, O O N .-qLn m O N OJ N rn m v M o 12 a c V> +4 <n 4A - u p a a ,y � N � O (U v a a a) 1- C C6 E OLL s N m q VN Lp 3 o C m ; &! o a Z c r N m (0 • ' LU u m L 0 ° ° O 0 o ++ CL W � a '� N LUp CL 0010 Hu rn I Q v a-. *o Q �a W ao (na?S 2 CO > c o t„ c lL 0.' •Ln 2 C x u _Y Q N m N @ m y � _ m g�060 R p "m a 0 N s LU 3 c '0 g 0 O O Co c 0 �'' ®o in U- z J - (ULL O O Q N N CL Z 40- a) o v E a ya'A it }M• W >- . o co v, a + ai d {i Z LL. ami Y O v x a O E a R Z` a o Nr p ami Ln i p CO H ns LU a w m E c 03 x x rn c.' u a - Z d Z v E r w m N W s� p m O 0 a D C� d .-� N m a Ln Z o Page 1 of 3 i n v e n t ONLINE PRICE QUOTATION Quote Number: 10597490 Quote Name: Meridian 4G FINAL Options Today's Date: 9/10/2015 8:10:59 PM Quote Created Date: 8/11/2015 8:40:45 PM Created By: ghelt@vlcmtech.com Contract: WSCA/NASPO (B27164) Product availability and product discontinuation are subject to change without notice. The prices in this quotation are valid for 30 days from quote date above. Please include the quote number and contract from this quote on the corresponding purchase order. items/description part no Configurable - HP EliteBook 840 G2 Base Notebook PC w/Intel i7-56000/DSC Graphics G8R94AV Product Config Notes Included For Ultrabook Configuration Select - Ultrabook labels + (Win7 OS, Win7DG32, Win7DG64 or Win8 OS + Touch Panel) + WLAN_Intel + CAM + (non SED SSD or (non SED HDD + FlashCache)) + 50Whr battery HP EliteBook 840 G2 Notebook PC with G8R94AV Intel i7-56000 (2.6GHz w/Turbo, 41VIB L3 Cache) Processor, with Radeon R7 M260X (1 GB) Graphis Windows 7 Professional 64 G8S60AV#ABA Genuine Windows 7 Logo VM939AV Processor Included 5th Generation Intel@ Core TM i7 56000 (2.6 GHz, 4 MB cache, 2 cores)' Up to 3.2 GHz with Intel Turbo Boost Technology Intel Core i7 vPro Label GON62AV Ultrabook Qualified - Required if J1U29AV {[(Win7OS, Win7DG32, Win7DG64) OR [(Win81 OS) AND (TouchlD)]} AND (SSD) AND (WLAN_Intel) is selected XU979AV Special pricing identifier: 91665052 contract your unit price unit price qty ext price $2,647.09 $1,409.12 1 $1,409.12 file:///C:/temp/Laptop.htm 9/10/2015 9x5 Next Business Day On -Site Coverage for Notebooks w/ Accidental Damage Protection Service, 5 yrs HP CO06XL Long Life Notebook Battery E7U23UT HP Business Slim Top Load Case H5M91AA HP 5y Pickup Rtn Notebook 3ywty CPU Base SVC HP 5y Pickup Rtn Notebook 3ywty CPU U7869E SVC Page 3 of 3 $219.00 $219.00 1 $219.00 $31.59 $19.00 1 $19.00 $143.20 $114.00 1 $114.00 SubTotal :$2,240.32 Total : $2,240.32 The terms and conditions of the WSCA/NASPO will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply. To access the HP Public Sector Online Store where this quote was created, go to: httD://aem.compag.com/gemstore/entcy.asp?SiteID=1 3535 * HP is not liable for pricing errors. If you place an order for a product that was incorrectly priced, we will cancel your order and credit you for any charges. In the event that we inadvertently ship an order based on a pricing error, we will issue a revised invoice to you for the correct price and contact you to obtain your authorization for the additional charge, or assist you with return of the product. If the pricing error results in an overcharge to you, HP will credit your account for the amount overcharged. * This quotation may contain open market products which are sold in accordance with HP's Standard Terms and Conditions. HP makes no representation regarding the TAA status for open market products. Third party items that may be included in this quote are covered under the terms of the manufacturer warranty, not the HP warranty. * Please contact HP Public Sector Sales with any questions or for additional information: K12 Education: 800-888-3224 Higher Education: 877-480-4433 State Local Govt: 888-202-4682 Federal Govt: 800-727-5472 Fax: 800-825-2329 Returns: 800-888-3224 * For detailed warranty information, please go to www.hp.com/go/specificwarrantyinfo. Sales taxes added where applicable. Freight is FOB Destination. file:///C:/temp/Laptop.htm 9/10/2015 Page 2 of 3 Estar Label - If any (MSOS) is selected, then MISC eStar label (XU979AV) must be selected Intel® vPro Technology Enabled - if J4C29AV (WLAN_Intel) AND (MSOS, FreeDOS)] are selected - MUST select this sku 14 -inch LED FHD UWVA enabled for J2J43AV Webcam (1920x1080) Touchscreen Integrated HD Webcam G8S70AV Video/graphics Included AMD RadeonTm R7 M260X (1GB) Graphics 8 GB 1600 MHz DDR3 SDRAM (2D) G8T01AV 256 GB TLC SATA-III SSD - Not K8X84AV available if (FLASH) is selected Mini Card Included Not selecting Mini Card SSD as on optional Internal Storage device No Flash Cache G8S67AV Back -lit DualPoint Keyboard G8S94AV#ABA Intel 7265 802.11 a/b/g/n/ac (2x2) + G8S40AV Bluetooth 4.0 Near Field Communication G8S99AV HP It4211 LTE HSPA+ EVDO w/GPS G8S43AV Foxconn NA -1-S3 - WWAN_LTE, Acadia No Service Provider AMER K1 U14AV Integrated Fingerprint Reader G8S86AV 65 Watt Smart nPFC AC Adapter G8S14AV Power Cord - 1.0 Meters G8T07AV#ABA Destination Country Kit Localization G8S93AV#ABA HP 3 -Cell (50Whr) Polymer/Prismatic G8S20AV Long life Battery 3/3/0 Warranty G8S90AV#ABA Warranty 3 YR Battery Documentation- B3M72AV - Required if (BATT3yr) and (WARR3yrUS) is selected DIB HP UltraSlim Docking Station D9Y19AV#ABA Note: Included Additional accessories added from categories below will ship and invoice separately. UM236E $479.20 $479.20 1 $479.20 file:///C:/temp/Laptop.htm 9/10/2015 Page 1 of 2 Ire vremk ONLINE PRICE QUOTATION Quote Number: 10633642 Quote Name: 600 g1 city of Meridian Today's Date: 9/10/2015 8:10:00 PM Quote Created Date : 9/10/2015 8:09:33 PM Created By: ghelt@vicmtech.com Contract: WSCA/NASPO (B27164) Product availability and product discontinuation are subject to change without notice. The prices in this quotation are valid for 30 days from quote date above. Please include the quote number and contract from this quote on the corresponding purchase order. items/description part no -Configurable- HP ProDesk 600 G1 Small Base Form Factor Desktop PC - C8T89AV HP ProDesk 600 G1 Small Form Factor C8T89AV Desktop PC Windows 7 Professional 64-bit C7T43AV#ABA Intel@ Core TM i7-4790 3.6G 8M HD 4600 G9Z74AV CPU ENERGY STAR@ label Included None XL531AV Chipset Included Intel@ Q85 Express Chipset C8T86AV#ABA HP ProDesk 600 SFF STD Chassis C8T81AV 8GB DDR3-1600 DIMM (2x4GB) RAM C8T67AV 256GB SATA 2.5 SSD K8E64AV SuperMulti DVDRW Optical Drive C8U15AV Graphics Included No Item Selected Integrated Network Included Intel@ 1217LM Gigabit Network Connection HP USB Standard Keyboard EON05AV#ABA HP USB Mouse C8N39AV HP SFF Chassis Tower Stand XL531AV Single Unit (SFF) Packaging C8N61AV HP ProDesk 600 Country Kit (Includes a C8T86AV#ABA Quick Setup & Getting Started manual in English and a country -specific power cord) 5/5/5 SFF Warranty C8T54AV#ABA Special pricing identifier: 91665052 contract your unit price unit price qty ext price $1,535.43 $974.00 1 $974.00 file:///C:/temp/Desktop.htm 9/10/2015 Thin USB Powered Speakers Page 2 of 2 D9J19AA $23.49 $15.00 1 $15.00 SubTotal : $989.00 Total : $989.00 The terms and conditions of the WSCA/NASPO will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply. To access the HP Public Sector Online Store where this quote was created, go to: http://gem.compaq.com/gemstore/entry.asD?SitelD=13535 HP is not liable for pricing errors. If you place an order for a product that was incorrectly priced, we will cancel your order and credit you for any charges. In the event that we inadvertently ship an order based on a pricing error, we will issue a revised invoice to you for the correct price and contact you to obtain your authorization for the additional charge, or assist you with return of the product. If the pricing error results in an overcharge to you, HP will credit your account for the amount overcharged. This quotation may contain open market products which are sold in accordance with HP's Standard Terms and Conditions. HP makes no representation regarding the TAA status for open market products. Third party items that may be included in this quote are covered under the terms of the manufacturer warranty, not the HP warranty. * Please contact HP Public Sector Sales with any questions or for additional information: K12 Education: 800-888-3224 Higher Education: 877-480-4433 State Local Govt: 888-202-4682 Federal Govt: 800-727-5472 Fax: 800-825-2329 Returns: 800-888-3224 * For detailed warranty information, please go to www.hp.com/go/specificwarrantyinfo. Sales taxes added where applicable. Freight is FOB Destination. file:///C:/temp/Desktop.htm 9/10/2015 That's fine. Can't necessarily anticipate increase i n cost. Meridian City Council Meeting DATE: September 15, 2015 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Well Site Lease Agreement Well Site Lease Agreement for Graycliff Estates Subdivision 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 2015-086405 BOISE IDAHO Pgs=15 LISA BATT 09/17/2015 11:12 AM 1 MERIDIAN CITY NO FEE IIIIIIII'II I'llll'I"II"III II I III��IIII' I" I I'I' 00146129201500864050160152 WELL SITE LEASE AGREEMENT THIS WELL SITE LEASE AGREEMENT ("Lease") is made and entered into this✓ day of 2015, by and between STAR DEVELOPMENT, Inc., an Idaho corporation and its successors and assigns, hereinafter referred to as the "Lessor," and THE CITY OF MERIDIAN, IDAHO, hereinafter referred to as the "Lessee" or "City." RECITALS Lessor is developing the Graycliff Estates Subdivision (the "Subdivision") within the City and has applied to the City for plat approval for the Subdivision. The City will provide water service for the Subdivision, and proposes to construct and operate a municipal groundwater well and related facilities ("Municipal Well") within the Graycliff Estates Subdivision that will be owned and operated by the City as part of its municipal water supply system to provide water to the Subdivision and to other areas within the City's municipal service area. The City intends to apply to the Idaho Department of Water Resources ("Department") for authorization to use the Municipal Well as a point of diversion for the City's water rights. To facilitate the City's application to the Department, Lessor and the City wish to enter into this Lease granting the City the rights of access and use and for well construction as described herein until such time as the Graycliff Estates Subdivision plat is approved with a dedicated municipal well lot and other easements or rights-of- way reasonably necessary or appropriate for operation and maintenance of the Municipal Well and diversion and distribution of water therefrom. Graycliff Estates Well Site Lease Agreement -1 F Lessor is willing to designate a well site lot on an approved plat for the Graycliff Estates Subdivision for the City to construct, operate and maintain the Municipal Well in the location depicted and described on Exhibits A-1 and A-2 hereto, AGREEMENT Lessor, for and in consideration of the above recitals, and the benefits, covenants and agreements hereinafter mentioned on the part and behalf of the said Lessee to be paid, kept and performed, does by these presents grant, demise and lease unto the said Lessee, and Lessee does by these presents hire, rent and lease from Lessor, that certain real property located on the following described real property, to wit: See Exhibits "A-1" and "A-2" (map of site & legal description) attached hereto and, by this reference, incorporated herein as if set forth in full (the "Leased Premises"). TO HAVE AND TO HOLD said Leased Premises, together with the appurtenances, privileges, rights and easements thereto belonging, and subject to all rights, easements, and encumbrances of record, unto the said Lessee for the rent and upon the terms and conditions as follows: 1. RENT: Lessor and Lessee hereby waive monetary rent and agree that the mutual benefits provided herein constitute adequate consideration for this Lease. The mutual benefits include but are not limited to Lessee's ability to begin drilling a well in advance of platting and Lessor having the benefit of water service sooner that would otherwise be available. Graycliff Estates Well Site Lease Agreement - 2 2. TERM: This Lease shall be for the term of ten (10) years, commencing on July 1, 2015, and terminating on June 30, 2025 (the "Lease Term"), unless extended or earlier terminated as provided herein. 3. USE OF LEASED PREMISES: Lessee covenants and agrees that the Leased Premises shall be used for a Municipal Well site, including pumping station and the construction thereof, and shall not be used for any other purpose or purposes without the prior written consent of Lessor. 4. LEASE EXTENSION: Unless this Lease is terminated prior to the end of the Lease Term as provided herein, then this Lease shall automatically renew for additional one-year terms, not to exceed five (5) additional years, unless otherwise agreed to in writing by the parties. 5. LEASE TERMINATION: The parties agree that, notwithstanding the Lease Term provided above, this Lease shall earlier terminate when: 1) a municipal well lot in the location of the Leased Premises and a Meridian City Well Wastewater Discharge Pipe Easement extending from the municipal well lot to the drain have been designated on the final subdivision plat as approved by the City; and 2) the City has completed a producing Municipal Well on the Leased Premises; at which time the parties will record a Notice of Termination of this Lease. 6. MAINTENANCE: The Leased Premises is bare ground. During the term of this Lease, Lessee shall, at Lessee's sole cost and expense, maintain the Leased Premises in as good condition as the same is in at the time Lessee shall take possession of the Leased Premises, reasonable wear, tear and damage by the elements excepted, subject to Lessee's obligation to control noxious weeds, and upon termination of this Lease in any manner, Lessee shall surrender said Leased Premises to Lessor in such condition. 7. TEMPORARY CONSTRUCTION EASEMENT AND EASEMENT FOR OVERFLOW FLUSH LINE FROM MUNICIPAL WELL TO DRAIN. Lessor also grants to Lessee during the Lease Term Graycliff Estates Well Site Lease Agreement - 3 a temporary construction easement over and across the subdivision in a location to be mutually agreed upon by the parties and as may be reasonably necessary for the City to access the Leased Premises via Harris Street with well drilling and completion equipment to construct the Municipal Well and equipment to construct an overflow flush line from the Municipal Well. , andLessor shall designate on the subdivision final plat a permanent, twenty -foot -wide, non-exclusive easement over and across the subdivision in the location depicted and described in Exhibits "B-1" and "B-2" hereto ("City Well Wastewater Discharge Pipe Easement") for installation, operation and maintenance of the overflow flush line. 8. ALTERATIONS AND IMPROVEMENTS: Lessee shall have the right to make alterations and improvements to the Leased Premises by the construction of the Municipal Well thereon and the addition of such other improvements consistent with ongoing operation and maintenance of the Municipal Well and the diversion and distribution of groundwater therefrom. Lessee shall maintain all such alterations and improvements made by Lessee in a neat and orderly condition and consistent with all Covenants, Conditions and Restrictions ("CC&Rs") and all design guidelines applicable to the Leased Premises. Except as otherwise agreed by Lessor and Lessee by separate written agreement, upon the termination of this Lease, the Municipal Well and related improvements as shall have been added or made by Lessee shall not revert to the Lessor, and shall not become a part of the Leased Premises. Lessee's construction, and subsequent operation, maintenance, repair, replacement, removal or abandonment of the Municipal Well and other improvements shall comply with all CC&Rs, all design guidelines applicable to the Leased Premises and all requirements and standards of the Department for construction, operation and/or abandonment of ground water wells. Prior to construction of the Municipal Well, Lessee shall obtain design approval from the subdivision architectural control committee utilizing the procedure set forth in the CC&Rs, which approval shall not be unreasonably withheld. If Lessor does not yet have recorded CCRs or duly adopted design guidelines in place when Lessee is prepared to construct the Municipal Well and Graycliff Estates Well Site Lease Agreement - 4 associated improvements on the Leased Premises, Lessee agrees to submit to Lessor Lessee's design plans and specifications for all above ground improvements intended to be constructed on the Leased Premises for review and approval by Lessor or Lessor's designee. Lessor will promptly process and approve Lessee's design plans and specifications, provided they: 1) are not inconsistent with the overall community and aesthetic concepts for the Graycliff Estates Subdivision; and 2) incorporate appropriate considerations for screening, buffering, signage, landscaping, dimensions, setbacks, and adjacent residential and pedestrian uses as contemplated by Lessor's submitted development plan and application for plat approval and/or required by Lessee's conditions and standards of approval of same. 9. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state and federal laws, rules, regulations and ordinances governing its use of the Leased Premises and Municipal Well and to do all things necessary to stay in compliance with the same. 10. UTILITIES: It is expressly agreed that, during the full term of this Lease, Lessee shall furnish and promptly pay for any utilities required for the Leased Premises and improvements at Lessee's own cost and expense. 11. TAXES AND ASSESSMENTS: Lessee shall pay all real estate taxes and other assessments of any kind levied against the Leased Premises during the term of this Lease as the same become due. 12. ASSIGNMENT OR SUBLEASING: Lessee shall not assign this Lease nor sublet to any other lessee the Leased Premises or any portion thereof, without Lessor's prior written consent; provided, however, such consent shall not be unreasonably withheld by Lessor. 13. LABOR CONTRACTS AND EMPLOYEES: The parties expressly covenant and agree that all labor contracts and employment agreements with employees or contractors providing services or materials to or construction upon the Leased Premises shall be made directly with Lessee and that all such Graycliff Estates Well Site Lease Agreement - 5 employees and contractors shall be deemed solely the employees or contractors of Lessee and in no way employees or contractors of Lessor. Lessee covenants and agrees to keep the Leased Premises free and clear of any claims, including but not limited to mechanics or materialmen's liens, and to indemnify and hold harmless Lessor of and from any liability for any acts of employees of Lessee or any acts of persons working for Lessee under a labor contract. 14. WASTE PROHIBITED: Lessee shall not commit any waste or damage to the Leased Premises nor permit any waste or damage to be done thereto. 15. LIABILITY: Lessor shall not be liable for any injury or damage which may be sustained by any person or property of the Lessee or any other person or persons resulting from the condition of the Leased Premises or any part thereof, or from the street or subsurface, or from any other source or cause whatsoever, nor shall the Lessor be liable for any defect, latent or otherwise, in the Municipal Well or structures erected on the Leased Premises, and Lessee agrees to defend, indemnify and hold harmless Lessor from all such liability to the extent allowed by law. 16. LIABILITY INSURANCE: Lessee shall maintain a comprehensive liability insurance policy covering the above -demised premises during the term of this Lease with a responsible insurance company, all at the sole cost and expense of Lessee, in the names and for the benefit of Lessee and Lessor as co - insureds in the sum of $500,000.00 single -limit coverage. 17. FIRE AND EXTENDED COVERAGE INSURANCE: Lessee shall maintain fire and extended coverage on the Municipal Well and other improvements to the Leased Premises and Lessor shall be under no obligation to maintain any fire or extended coverage insurance thereon. 18. CONDEMNATION: If the entire Leased Premises, or a substantial part thereof, are condemned or taken by purchase in lieu thereof, then this Lease shall terminate as of the time possession is taken. Graycliff Estates Well Site Lease Agreement - 6 19. LESSOR'S RESTRICTIONS: Lessor further covenants and agrees that it will not construct, or allow to be constructed, any subsurface waste water or stormwater disposal facilities within 125 feet of the boundaries of the Leased Premises. 20. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of each and every one of the conditions of this Lease are expressly made the essence of this Lease. If Lessee defaults n the keeping, performing or observing of any of the covenants and agreements herein contained and such default shall remain uncured for a period of thirty (30) days after written notice shall have been sent by certified or registered mail to Lessee as hereinafter provided, then in such event the Lessor may, at Lessor's election, either in law or equity, seek specific performance of this Lease or may declare said term and Lease forfeited and terminated and may re-enter the Leased Premises to repossess and enjoy the same as in their first estate, and the effect of such default shall in itself, at the election of Lessor, without further notice or demand constitute a forfeiture and termination of this Lease, and if thereafter the Lessee shall fail to surrender possession of the Leased Premises to Lessor, the Lessee shall be deemed guilty of an unlawful and forcible detention of the Leased Premises, If Lessee shall abandon or vacate the Leased Premises, or if this Lease be terminated for default of any of the covenants and agreements herein contained, Lessee hereby agrees to pay all reasonable expenses incurred by Lessor in obtaining possession of the Leased Premises from Lessee, including reasonable legal expenses and attorney's fees, and to pay such other expenses as the Lessor may incur in putting the Leased Premises in good order and condition as herein provided, and also to pay all other reasonable and necessary expenses or commissions paid by Lessor in re-leasing the Leased Premises. In the event of notification of default by Lessor to Lessee and Lessee does in fact cure such default, then and in that event Lessee shall pay, in addition to all arrearages as existing under the notice of default, the reasonable attorneys' fees incurred by Lessor in determination of the default and the notification to the defaulting Lessee. Graycliff Estates Well Site Lease Agreement - 7 21, INDEMNIFICATION: During the term of this Lease (and thereafter, for incidents occurring during any term of this Lease), to the extent allowed by law, Lessee shall indemnify, defend and hold harmless Lessor against any and all claims, liabilities, damages, expenses (including reasonable attorney fees), judgments, proceedings and causes of action of any nature arising from: (i) injury to or death of any person, or damage to or loss of any property occurring on, in or around the Leased Premises; or (ii) growing out of or connected with the use, condition or occupancy of the Leased Premises; or (iii) losses resulting from a breach of this provision of this Lease. This obligation to indemnify shall be limited to the acts or omissions of Lessee or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitor and not caused by the negligence or other wrongful act of omission of Lessor, or Lessor's officers, employees, or servants. Lessee's obligation to indemnify shall survive the satisfaction of this Lease. 22. ATTORNEY'S FEES: In the event an action is brought to enforce any of the terms or provisions of this Lease, or enforce forfeiture thereof for default thereof by either of the parties hereto, the prevailing party in such action or collection shall be entitled to recover from the other party its reasonable attorney's fee and costs, together with such other costs as may be authorized by law, 23. NOTICES: All notices required to be given to each of the parties hereto under the terms of this Lease shall be given by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at the following address: Lessor: Star Development, Inc. P. 0. Box 518 Meridian, ID 83642 Lessee: City of Meridian 33 E. Broadway Meridian, ID 83642 Graycliff Estates Well Site Lease Agreement - 8 or to such other address as may be designated by writing delivered to the other party. All notices given by certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 24, REPRESENTATIONS: It is understood and agreed by and between the parties hereto that there are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any character excepting those set forth in this Lease. 25. BINDING EFFECT: The provisions and stipulations hereof shall inure to the benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto, 26. SITUS: This Lease is established and accepted by the Lessee under the laws of the State of Idaho, and all questions concerning its validity, construction and administration shall be determined under such laws. 27. HEADINGS: The bolded paragraph headings are for convenience only and are not a part of this Lease and shall not be used in interpreting or construing this Lease agreement. 28. SEVERABILITY: If any portion or portions of this Lease shall be, for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties hereto. Graycliff Estates Well Site Lease Agreement - 9 IN WITNESS WHEREOF, Lessor and Lessee do execute this Lease effective the day and year first above written. "Lessor" STAR DEVELOPMENT, Inc. .20 Allen Lee Centers, Director STATE OF IDAHO ss. County of Ada ) ,� ff� On this L day ofP*v-, 2015, before me, the undersigned, a Notary Public in and for said State, personally Mppeared A. Lee Centers, known or identified to me to be the Director of Star Development, Inc., who subscribed said Star Development, Inc.'s name to the foregoing instrument and acknowledged to me that he executed the sarA in said corporation's name. (SEAL) ,C°�tA'j" 13Fry"n�r:ft•.� 1'..P lib � y. pita a R m 0- V) Graycliff Estates Well Site Lease Agreement -10 NOTTY PUBLIC FO IDAYO RESI ING AT. f MY COMMISSION EXPI ES: "Lessee" CITY OF MERIDIAN, IDAHO OV ,XIF.D Au�,usTBy:. � CO�� tio, �y City of E IDIAN�6 ANO rFo SEA � E rF �Q. q o�.�he TRE A9000 STATE OF IDAHO ) ) ss. County of Ada ) On this �S- day of 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee 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. ,9999. (SEAI,j►•c1CA_Jp'•® NOTARY PUB IC FOR IDAHO ®4-�,�•'®TArj►' ; RESIDING AT: U MY COMMISSION EXPIRES: Q030 • O• •0900•• Graycliff Estates Well Site Lease Agreement -11 EXHIBIT "A-1" FA a / �14a�� / "'� a (9 9 A /ten �O / Np / :.A N N 0 � � N N n a o c o o rn P -I W rn iso M v o m � ul CD N 0 SCALE 1"=100' DWG.DATE 06/16/15 PROD. No. 140529 SHEET 1 OF 1 140529—WELL.DWG bkb 0 0 I Z 0 & MERIDIAN ROAD ' 7 � O r � G i to ;A W � Nv m �rn E---------- m '° � s -------------- I O I � I O � 2 Z Zm m I �i _�w N i5 I 0 �s ! W BASIS OF BEARING N 00'25'47" E 2642.94CA 1� I PROPOSED WELL LOT GRAYCLIFF ESTATES SUBDIVISION LOCATED IN THE SE 1/4 OF SECTION 25, T.3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO E'NGINEERING SOLUTIONS 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 EXHIBIT "A-2" June 16, 2015 Description for Proposed Well Lot Proposed Graycliff Estates Subdivision A parcel located in the SE % of Section 25, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the northeast corner of the SE Y4 (E'/ corner) of said Section 25, from which a Brass Cap monument marking the northeast corner of said Section 25 bears North 00°25'47" East a distance of 2642.94 feet; Thence North 89029'05" West along the northerly boundary of said SE % a distance of 1320.30 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of Meridian Heights No. 3 Subdivision as shown in Book 62 of Plats on Pages 6274 and 6275, Records of Ada County, Idaho, also being the northeast corner of the NW % of the SE % of said Section 25; Thence along the northerly boundary of said NW % of the SE % North 89023'56" West a distance of 765.81 feet to a point on a curve being the POINT OF BEGINNING; Thence leaving said boundary 119.82 feet along the arc of a non -tangent curve to the left, said curve having a radius of 425.00 feet, a delta angle of 16009'10", and a long chord bearing South 54027'08" West a distance of 119.42 feet to a point of tangency; Thence South 46022'33" West a distance of 67.36 feet to a point of curvature; Thence 56.20 feet along the arc of a curve to the right, said curve having a radius of 675.00 feet, a delta angle of 04°46'14", and a long chord bearing South 48045'40" West a distance of 56.19 feet; Thence North 51 °4445" West a distance of 253.58 feet to a point on the northerly boundary of the NW %of the SE Y4 of Section 25; Thence along said northerly boundary South 89023'56" East a distance of 387.33 feet to the POINT OF BEGINNING. This parcel contains 0.66 acres, more or less. `oNp,L LANas 11118 10IV Of 0- ON W NP 140529-WELL.docx PR y d � 0 _ C Z�00< FN moi of EXHIBIT "B-1" N 00'27'25' E 20.00' 'P� Q — N03 co t�G C% rn � O V \ `" = N G 00 N co 11> m° 2 �o 1!o m Z � m js N y, � cn O 2 ! g N �o .W N N _ Ln _ BASIS OF BEARING _ Ln -P, S. MERIDIAN RUAD N 00'25'47" E 2642.94' wok I a► I SCALE 1=100' EfGINEERING DWG.DATE 07/30/15 PROPOSED WELL OVERFLOW EASEMENT PROD. NO. 140529 GRAYCLIFF ESTATES SUBDIVISION SOLUTIONS SHEET 1 OF 1 LOCATED IN THE SE 1 4 OF SECTION 25, T.3N., R.M., B.M. 1029 N. AN, IDAHO ST., STE. 100 MERIDIAN, IDAHO 83642 140529 -WELL EASE.DWG bkb MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941 EXHIBIT "B-2" September 1, 2015 Description for Proposed Well Overflow Easement Proposed Graycliff Estates Subdivision An easement located in the South %2 of Section 25, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the northeast corner of the SE % (E % corner) of said Section 25, from which a Brass Cap monument marking the northeast corner of said Section 25 bears North 00025'47" East a distance of 2642.94 feet; Thence North 89°29'05" West along the northerly boundary of said SE % a distance of 1320.30 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of Meridian Heights No. 3 Subdivision as shown in Book 62 of Plats on Pages 6274 and 6275, Records of Ada County, Idaho, also being the northeast corner of the NW % of the SE % of said Section 25; Thence along the northerly boundary of said NW % of the SE % North 89°23'56" West a distance of 1153.22 feet to the POINT OF BEGINNING; Thence leaving said boundary South 5104445" East a distance of 32.74 feet; Thence North 89°23'56" West a distance of 193.36 feet to a point on the westerly boundary of the NW % of the SE % of said Section 25; Thence along said westerly boundary North 0002725" East a distance of 20.00 feet to the Center % corner of said Section 25; Thence along the northerly boundary of the NW % of the SE % of said Section 25 South 89023'56" East, 167.47 feet to the POINT OF BEGINNING. This easement contains 3,608 s.f., more or less. O 111(OL18 X ! TF 0 F r0ONw.NP 140529 -well ovfl.docx Meridian City Council Meeting DATE: September 15, 2015 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Emergency Medical Services Emergency Medical Services Joint Powers Agreement Renewal MEETING NOTES -fes�� a d S Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 9�1/W EEK JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY Establishing the Ada County -City EMS System ("ACCESS") This Joint Powers Agreement (the "Agreement") is entered into by and between Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, North Ada County Fire and Rescue District, and Star Joint Fire Protection District, and is effective as of the last date of execution of this Agreement. RECITALS; PURPOSES; AUTHORITY Purpose. The Purpose of this Agreement is to establish the Ada County -City EMS System (the "System") and Joint Powers Board appointed by the respective Parties authorized to operate and manage the joint, coordinated, and unified provision and maintenance of pre- hospital, emergency and non -emergency medical services, including medical transport, rescue, and extrication services, within all county, city, emergency medical services district, and fire district jurisdictions within the System Area in order to provide certainty, consistency and economy in the management and delivery of EMS services. 1. Sections 67-2326 through 67-2333, Idaho Code, provide that public agencies may enter into agreements with one another for joint or cooperative action which includes, but is not limited to, joint use, ownership, and/or operation agreements and interagency contracts for service, activity or undertakings. This Agreement is, and shall be construed as, a joint powers agreement enacted pursuant to Sections 67-2326 through 67-2333, Idaho Code. 2. Fire Districts have authority under Sections 31-1430 and 31-1417, Idaho Code, to enter into intra -agency and mutual aid agreements. 3. The Ada County Board of Commissioners, in its capacity as the governing board of the Ada County Emergency Medical Services District ("ACEMS District") pursuant to Chapter 39, Title 31, Idaho Code, provides emergency medical services in Ada County. ACEMS District currently holds an Advanced Life Support Level I EMS transport license issued by the state of Idaho. 4. The Parties to this Agreement have various levels of EMS licenses issued by the state of Idaho. Each Party shall be responsible to maintain such EMS license. Subject to Board approval nothing in this Agreement shall prevent a Party from obtaining a higher level of licensing. 5. The governing boards of the Parties have determined that it is in the best interests of each Party and their taxpayers and for the persons residing and found within their respective boundaries, to create the System. Now, for and in consideration of the mutual covenants and promises herein set forth, and JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE I for other good and valuable consideration hereby acknowledged by the Parties to this Agreement as having been received, the Parties hereby mutually promise, covenant and agree as follows: AGREEMENT ARTICLE I DEFINITIONS When used herein, the following words shall have the attendant meaning: 1.1 "ACEMS District" means the Ada County Emergency Medical Services District, a Party to this Agreement. 1.2 "Ada County -City EMS System" means the Ada County -City EMS System as herein created and may sometimes be referred to as the "System" or "ACCESS." 1.3 "Ambulance" means any privately or publicly owned motor vehicle or nautical vessel, authorized to provide service in the System, used for, or intended to be used for, the transportation of sick or injured persons who may need medical attention during transport. This may include dual or multipurpose vehicles. 1.4 "Ambulance Service" means an agency, licensed to operate within the System, with the intent to provide personnel and equipment for medical treatment at an emergency scene, during transportation or during transfer of persons experiencing physiological or psychological illness or injury who may need medical attention during transport. 1.5 "Default" means any violation, failure to perform, or breach of any covenant, agreement, term or condition of this Agreement. 1.6 "Emergency Medical Services" or "EMS" means the system utilized in responding to a perceived individual need for immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. 1.7 "Joint Powers Board" means the System Joint Powers Board, ("Board"), formed pursuant to this Agreement, which is authorized to administer this Agreement on behalf of the Parties. 1.8 "Parties" means Ada County, the cities and districts that have executed this Agreement. 1.9 "Inclusive Area Party Agencies" means Public Agencies that are Parties to this Agreement whose boundaries include area only within Ada County, state of Idaho. 1.10 "Non -Inclusive Area Party Agencies" means Public Agencies that are Parties to this Agreement whose boundaries include area within Ada County and within Canyon County, or any other neighboring county to Ada County, state of Idaho. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 2 1.11 "Non -transport Service" means an agency with associated apparatus and personnel licensed to operate within the System, operated with the intent to provide personnel or equipment for medical stabilization at an emergency scene, but not intended to be the service that will actually transport sick or injured persons. 1.12 "Public Agency" means any city or political subdivision of this state, including, but not limited to emergency medical service districts; fire districts; cities; and any other government subdivision of the state of Idaho, including any agency of the state of Idaho holding a current EMS license and providing EMS within or contiguous to the boundaries of Ada County. 1.13 "System Area" means all the geographic area within the boundaries of the "Inclusive Area Party Agencies" and those designated areas for inclusion within the System which are also within the boundaries of the "Non -Inclusive Area Party Agencies." 1.13.1 The "System Area" may be modified, upon consent of all Parties, to include area within an adjoining county; 1.13.2 The "System Area" may be modified, upon consent of all Parties, to exclude area within Ada County upon the condition the area excluded will then be subject to a like "System" in an adjoining County. ARTICLE II THE ADA COUNTY -CITY EMS SYSTEM (SYSTEM) 2.1 Establishment of the System. There is hereby established the Ada County -City EMS System, The System shall be created for the express purpose of providing for joint management, provision, operation, and maintenance of pre -hospital emergency and non- emergency medical services, including medical transport, rescue, and extrication services, within the System Area. The System shall exist as a joint exercise of the authority to provide EMS services by all the Parties to this Agreement, and shall be administered by a Joint Powers Board as provided in Article IV of this Agreement. The System, through the Joint Powers Board, Administrative Committee, and the Medical Directorate, shall establish standards and provide for the coordinated management, provision and maintenance of pre -hospital, emergency, and non -emergency medical services, including medical transport, rescue, and extrication services, within the System Area. 2.2 Scope of Services and Operation. The System shall coordinate the management, provision, operation and maintenance of pre -hospital, emergency, and non -emergency medical services, including medical transport, rescue, and extrication services within the System Area. The Parties shall respond to 9-1-1 and other calls necessitating the services of the System within the System Area. By this Agreement, the Parties agree to cooperatively exercise their respective powers within the System Area in a manner consistent with this Agreement. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY— PAGE 3 ARTICLE III PARTIES, DURATION, AMENDMENT, WITHDRAWAL AND TERMINATION 3.1 Parties to this Agreement. The Parties to this Agreement are Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, North Ada County Fire and Rescue District, and Star Joint Fire Protection District, Each Party intends to and does by this Agreement contract with each other Party and any other Agencies as may later be added. Additional Parties may be added by resolution of the Board and amendment of this Agreement. Each Party agrees that the removal of any Party from this Agreement does not affect this Agreement with respect to each remaining Party. 3.2 Duration/Annual Renewal. This Agreement shall continue in force and effect from its Execution Date through September 30, 2013. Thereafter this Agreement may be renewed for successive one (1) year terms. Renewal terms shall be effective from October 1 through September 30 of each successive calendar year. A Party may renew this Agreement by providing written notice to all other Parties. 3.3 Amendment. This Agreement may be amended only by written agreement of the Parties. 3.4 Withdrawal. 3.4.1 No Party shall withdraw from this Agreement unless it demonstrates one or more of the following circumstances: 3.4.1.1 The withdrawing Party is insolvent or otherwise financially unable to carry out its obligations under this Agreement; 3.4.1.2 A court has determined that it is unlawful for the Party to continue to perform under or be Party to this Agreement; 3.4.1.3 A material breach of any term of this Agreement has occurred; or 3.4.1.4 Two or more Parties, after signing, consolidate services and wish to combine their representation under this Agreement as part of said consolidation. 3.4.2 Notice of withdrawal must be provided to the Parties no less than sixty (60) days before the effective date of withdrawal. However, a withdrawal shall not be effective if the condition or conditions giving rise to the withdrawal are cured to the reasonable satisfaction of the withdrawing Party within sixty (60) days after the date of notice of withdrawal is provided. 3.4.3 Withdrawing Party to Cease EMS Services In Service Area. Each Party agrees, as a special consideration to each other Party, that in the event they withdraw from this Agreement, either by voluntarily withdrawing or for cause by JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 4 default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Department of Health and Welfare Bureau of EMS as that license authorizes EMS services in the System Area by that Party. In the event a withdrawing Party fails to cease to provide EMS services in the System Area, the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. 3.5 Complaints. The authority to investigate a complaint against a Party may be conducted by the Administrative Committee or by the Board, when involving cause for termination. Member/s of the Party or Parties who are the subject of the complaint cannot vote on motions to proceed with the investigation or matters related to the conduct or financing of the investigation. Each Party shall cooperate with any investigation of complaints regarding performance of services governed under this Agreement. 3.5.1 Complaints involving personnel of a Party are to be treated as described in Section 8.5.3 of this Agreement. 3.6 Party Termination. 3.6.1 For Cause. A Party may be terminated from this Agreement by action of the Board for cause in the event they are in default of this Agreement. Prior to termination of a Party the Board shall conduct a hearing to determine if there is a default of this Agreement that has not been cured by the defaulting Party. The following procedures shall be met: 3.6.1.1 The Board shall provide to the defaulting Party fourteen (14) days written notice of a hearing to show cause. 3.6.1.2 The notice shall specify the reasons for the default and the intention to terminate the Party as a Party to this Agreement. 3.6.1.3 In the event the default is cured within the fourteen (14) days and before the commencement of the scheduled hearing before the Board, the Board shall so note on the record of the proceedings and the hearing shall then be concluded. 3.6.1.4 In the event the default is not cured, the Board shall, upon conclusion of their deliberation, issue findings of fact and conclusions of law and order of decision within thirty (30) days of the date of the hearing. 3.6.1.5 A Board member representing a Party that the Board is considering terminating shall recuse himself/herself from voting on the termination and all proceedings involved in the matter of termination. 3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY PAGE 5 this subsection shall not constitute a termination of the entire Agreement, and the remaining Parties shall continue to perform under this Agreement for the remainder of the contract term. 3.6.3 Terminated Party to Cease EMS Services In Service Area, Each Party agrees, as a special consideration to each other Party, that in the event they are terminated from this Agreement, either by voluntarily withdrawing or for cause by default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Idaho Department of Health and Welfare EMS Bureau as that license authorizes the provision of EMS services in the System Area by that Party. In the event a terminated Party fails to cease to provide EMS services in the System Area, the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. ARTICLE IV ADMINISTRATION OF THE ADA COUNTY -CITY EMS SYSTEM JOINT POWERS BOARD 4.1 Establishment of the Joint Powers Board; Membership; Officers. 4.1.1 Establishment of the Board. There is hereby established the Joint Powers Board of the System. The Joint Powers Board shall serve as the governing board of the System and operate the System on behalf of the Parties. 4.1.2 Joint Powers Board Membership. The Ada County -City EMS System shall be governed by the Board whose membership shall consist of one (1) elected official representing each Party, and a total of two (2) elected officials of the ACEMS District/Ada County Board of Commissioners. 4.1.2.1 Each Party shall also designate an alternate elected official to serve in the absence of their designated Board member. 4.1.2.2 Each Party's appointee shall be given the authority to vote on all matters before the Board with the exception of financial decisions requiring the appropriation and/or expenditure of funds by the Party. 4.1.3 Officers. Annually in January the Joint Powers Board shall appoint a chairman, vice chainnan, and secretary whose primary responsibilities are as follows: 4.1.3.1 The Chairman shall be a member of the Board and shall conduct all meetings of the Board and execute all contracts and resolutions on behalf of and as authorized by the Board and any other duties assigned by the Board; and 4.1.3.2 The Vice Chairman shall be a member of the Board and shall carry out JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 6 the functions of the Chairman in the absence of the Chairman and any other duties assigned by the Board; and 4.1.3.3 The Secretary may or may not be a member of the Board and shall be responsible for posting agenda notices and preparation of minutes of the Board and for maintaining the records of the Board and any other duties assigned by the Board; and 4.1.3.4 These officers shall have no powers or duties except as provided in this Agreement. 4.2 Powers, Duties and Operations of the Joint Powers Board. 4.2.1 Powers. Pursuant to Section 67-2328, Idaho Code, the Board is responsible to operate and manage the System. In order to accomplish the Purpose of this Agreement, the Joint Powers Board shall have, in addition to other powers provided herein, the authority to adopt procedures for its operation as well as to adopt standards for the coordinated management, provision, operation and maintenance of pre -hospital, emergency, and non -emergency medical services, including medical transport, rescue, and extrication services, within the System Area. The Board shall have discretionary powers to manage and conduct the business and affairs of the Ada County -City EMS System. However, the governing board of a Party shall approve any action that will financially obligate that Party. The discretionary powers shall include, but not be limited to, the following: 4.2.1.1 Receive recommendations from the Administrative Committee and the Medical Directorate; 4.2.1.2 Approve procedures for the operation, meeting, and other administrative matters of the Board and the System; 4.2.1.3 Approve the Standard Operating Procedures for the System. However, any standards approved regarding qualifications for holding a position shall provide an exemption for any personnel of any Party who at the effective date of this Agreement holds such a position unless contrary to law; 4.2.1.4 Adopt medical protocols and other matters related to the Medical Directorate; 4.2.1.5 Approve response standards, including policies regarding dispatch responses; 4.2.1.6 Provide recommendations to a Party's respective governing body regarding the Party's agency licensure levels within the System; JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 7 4.2.1.7 Recommend for approval, as set forth in section 4.4 of this Agreement, a budget and financial plan as well as subsequent funding, including joint purchasing of property; 4.2.1.8 Approve the allocation of resources, including stationing of personnel and vehicles; 4.2.1.9 Adopt a training and education plan for Iicensed personnel; 4.2.1.10 Approve the deployment plan of EMS equipment; 4.2.1.11 Recommend that the Board acquire, hold, and dispose of real and personal property jointly owned by and used in the System; 4.2.1.12 Deal with other matters necessary and convenient in furtherance of the Purpose of this Agreement; 4.2.1.13 Identify matters that require approval of the Parties' governing boards; 4.2.1.14 Comply with the Idaho Open Meetings laws; 4.2.1.15 Operate on a fiscal year from October 1 through September 30; and 4.2.1.16 Adopt, administer and implement EMS standards, protocols and procedures. If EMS standards, protocols and procedures adopted by the Board impose higher standards than are required by any state statute or rule the standards and procedures adopted by the Board shall apply to the Parties to the extent allowed by law in the System Area. 4.2.2 As required by law, the Board shall report to the Idaho Department of Health and Welfare EMS Bureau any findings of Agency violation of state EMS laws or rules which occurred within the System Area. 4.2.3 Resolutions and Board procedures shall be compiled and organized according to subject and maintained by the Joint Powers Board, which shall provide each Party with a copy of all resolutions and procedures. 4.2.4 The approval of the governing board of each Party is required for any matter approved by the Joint Powers Board that includes financial contribution by a Party, including the purchase of real property and personal property. 4.3 Meetings, decisions, and communication, The Board shall adopt rules of procedure for the conduct of their meetings that are consistent with the provisions of this Agreement. 4.3.1 The Board shall meet regularly to confer and carry out the business of the Board and the System in the following manner: JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY PAGE 8 4.3.1.1 For all meetings of the Board fifty percent (50%) plus one (1) of the members of the full Board shall constitute a quorum for the purposes of conducting business. 4.3.1.2 All motions, resolutions, and actions of approval on any matter by the Board require a unanimous vote of the Board members present. 4.3.1.1.1 In regards to matters before the Board that only involve a combined licensure as provided in Article V of this Agreement, only the Board members of Parties that have combined their licenses may vote. 4.3.1.3 The Board must provide at least fourteen (14) days advance written notice to all Parties when considering all matters requiring a vote of the Board members. 4.3.1.4 Only Board members, or their alternates, shall have voting privileges. 4.3.1.5 In the event a Party's Board member or designated alternate fails to attend three (3) consecutive meetings or fails to attend more than one- half of the meetings of the Board within a calendar year, notice of absence shall be sent to the offending Party which notice shall be withdrawn if the offending Party's Board member appears at the next regularly scheduled meeting and shows good cause for the absences and presents a commitment to regular attendance in the future. In the event the offending Party does not appear and show good cause then the same shall constitute a material breach of the terms of this Agreement and the offending Party will be subject to termination provisions of Section 3.6 of this Agreement and the notice of absence shall stand as a notice of default. 4.3.2 The Board shall provide to the governing boards of the Parties to this Agreement a written annual report concerning the status of the System, at a date set in the procedures of the Board, but in no event not less than once per year. This report shall include all matters the Joint Powers Board determines are relevant to the operation of the System and any matter that may be required by the State EMS Bureau or by state or federal law. 4.4 Finances. On or before March I of each year, the Board shall propose an Ada County - City EMS System Budget (the `Budget") for approval by the ACEMS District Board. 4.4.1 The Budget shall include vehicle license registration fees designated for and remitted to the ACEMS District for that fiscal year. The Budget may also include contribution payments to the System by the Parties to this Agreement. Commencing in the fourth renewal year of this Agreement, the Budget shall also include property tax funds contributed for that fiscal year by the ACEMS District Board pursuant to Chapter 39, Title 31, Idaho Code, JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 9 4.4.2 The Budget shall identify anticipated expenditures for the System up to the amount included in the Budget in Section 4.4.1. The expenditures in the Budget shall be developed in accordance with the statutory purpose that the vehicle license registration fees be used for the provision of EMS services within the ACEMS District, Further, commencing in the fourth renewal year of this Agreement, the expenditures in the Budget shall be developed in accordance with the statutory purpose that the property tax funds levied by the ACEMS District shall be used for the provision of ambulance service within Ada County. 4.4.3 A division for the System shall be established within the ACEMS District Budget, which shall include income line items and expenditure Iine items as allocated by the ACEMS District Board. The income line items shall include, if applicable: (1) vehicle license registration fees as described in Section 4.4.1 above; (2) contribution payments from the Parties; and (3) tax funds being contributed by the ACEMS District for System expenditures as described in Section 4.4.1 above. The expenditure line items shall include, if applicable: (1) personnel expenses; (2) capital expenses; and (3) operating expenses. 4.4.4 If the Budget includes contribution payments by Parties other than the ACEMS District, then on or before March 1, the Board shall submit the Budget to each Party's governing board for the appropriation of any contribution payment by that Party. 4.4.5 The Parties shall set their own budgets in a timely manner with consideration to the Budget as proposed by the Board. 4.4.6 If the Board fails to submit a Budget to the ACEMS District Board for approval, then the Parties shall set their own budgets. 4.4.7 Capital investments requiring additional expenditures will be funded through extra appropriations as proposed by the Board, subject to approval by each Party's governing board. 4.5 Joint Purchasing. Pursuant to Section 67-2807, Idaho Code, the Board, subject to approval of the Parties' governing boards as required by other provisions of this Agreement, may authorize joint purchasing of any real or personal property consistent with the laws of the state of Idaho. Prior to the Board approving any joint purchase, the Board shall identify by resolution the plan for distribution and/or ownership of property jointly owned by the Parties upon the withdrawal or termination of a Party. 4.6 Agreements with other Medical Service Providers. The Board may enter into agreements with medical service providers other than those that are Parties to this Agreement in order to provide for EMS services and/or to provide mutual aid to the System or any medical service provider. Such agreements may be with public or private agencies and may incorporate any of the terms and conditions contained herein and any other terms and conditions the Parties may deem appropriate. Such agreements shall not authorize a medical service provider to directly compete with any Party to this Agreement for the provision of EMS services, nor shall such agreement extend any voting rights to JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY —PAGE 10 any Party to this Agreement for the provision of EMS service, nor shall such agreement extend any voting rights to the Party with whom the agreement is made. ARTICLE V LICENSURE 5.1 Inclusive Licensure. The Parties hereby agree to maintain their state -issued EMS licenses and operate in accordance with the laws of the state of Idaho and associated regulations of the Idaho Department of Health and Welfare. 5.2 Establishment of the Ada County -City EMS System. The Board shall, together with the Parties' governing boards, comply with Idaho Code §§ 53-501-510, "The Assumed Business Names Act of 1997" to conduct the business of the System under the name and style of Ada County -City EMS System. 5.3 Combined Licensure. Any of the Parties to this Agreement may agree to combine their state -issued EMS licenses and to operate under one EMS license as provided by the laws of the state of Idaho and regulations of and as authorized by the state of Idaho Department of Health and Welfare Bureau of EMS. 5.4 Transition Process. Those Parties agreeing to combine their state -issued EMS licenses will do all things necessary to accomplish the transition of combining their EMS licenses and to begin and continue operating lawfully under the Ada County -City EMS System, 5.5 Creation of a DBA. When any of the Parties to this Agreement agree to combine their state -issued EMS licenses and operate under the EMS license of the Ada County -City EMS System the Board, with all Board members eligible to vote, will establish a DBA, which will hold the EMS license for the participating Parties. ARTICLE VI ADMINISTRATIVE COMMITTEE 6.1 Establishment of the System Administrative Committee. There is hereby established an Ada County EMS System Administrative Committee, The Administrative Committee shall serve to make recommendations to the Board. 6.1.1 Administrative Committee Membership. Voting members of the Administrative Committee shall consist of a chief administrative official from each Party. In addition, non-voting members may be invited to participate including, but not limited to: a representative from the Ada County Emergency Communications Center, representatives from hospitals located within the System, representatives from the Medical Directorate, and other EMS or health care agencies with a shared interest in emergency medical services. All actions regarding a recommendation to the Board shall require a two-thirds (2/3) JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 1 I majority vote of all voting Administrative Committee members present. Each Party shall designate an alternate member who, in the absence of their Administrative Committee member, shall have the right to a proxy vote on all matters presented for a vote. 6.1.2 Administrative Committee Ex -officio Membership. Any legal entity or person who is providing EMS Services in the System Area under a current license issued by the EMS Bureau, either as air medical services, ambulance services, and/or non -transport services, may apply for membership on the Administrative Committee as an Ex -officio member with rights to participate in the meetings subject to the rule of the chairman, without the right to vote and without a right to participate in or attend any executive session matter or on any agenda item involving personnel or a claim of default of a Party. 6.1.3 Officers. Annually, in January, the Administrative Committee shall appoint a chairman, vice chairman, and secretary whose primary responsibilities are as follows: 6.1.3.1 The Chairman shall be a member of the Administrative Committee and shall conduct all meetings of the Administrative Committee, and shall act as the spokesperson for the Administrative Committee when presenting to the Board. 6.1.3.2 The Vice Chairman shall be a member of the Administrative Committee and shall carry out the functions of the Chairman in the absence of the Chairman and any other duties assigned by the Administrative Committee. 6.1.3.3 The Secretary may or may not be a member of the Administrative Committee and shall be responsible for posting agenda notices and preparation of minutes of the Administrative Committee. The agenda for each meeting shall be sent to the members fourteen (14) days before the meeting date. 6.1.3.4 These officers shall have no powers or duties except as provided in this Agreement or conferred by the Board. 6.2. Purpose. The purpose of the Administrative Committee is to provide operational expertise as outlined in the Administrative Committee procedures and to make recommendations to the Board. The Administrative Committee will meet at least bi- monthly, but may meet more often depending on need. 6.3. Responsibility. The Administrative Committee responsibilities shall include, but are not limited to, the following: 6.3.1 Development, maintenance, and annual review of the Ada County -City EMS JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 12 System Operation and Finance Plan to include, but not limited to: System deployment plan, System staffing levels and licensure levels, current and future funding needs, capital improvement plan, determination of System performance levels, assuring a quality management program, development of a System training and education plan, and other functions not specifically identified but intended to meet the requirements for the safe and efficient operation of the EMS System. 6.3.1.1 Review and update annually any change in System configuration. 6.3.1.2 Prepare, in accordance with the provisions of this subsection, any reports, Standard Operating Procedures, Quality Improvement Plan, Quality Assurance Plan or budget recommendation to submit to the Board for approval prior to publication and implementation. 6.3.1.3 Provide for the coordination, planning, and provision of transport and non -transport EMS services between the Parties, which may include air medical service within the System Area. Ensure that EMS services are rendered in a timely and cost effective manner, at an optimal level of care. The Administrative Committee shall consider the current EMS standards, existing EMS service capabilities, trends, desired goals, and future EMS service capabilities for each planning component with due consideration of the limited funds available to provide such services. 6.3.1.4 The Administrative Committee shall consider, along with its accompanying maps, charts and reports, the following components and criteria: 6.3.1.4.1 The current emergency medical services system structure and performance; 6.3.1.4.2 Emergency medical services resources and capability throughout the System, to include licensees, employees, contractors, volunteers, and any demonstrated need for change; 6.3.1.4.3 Population and other pertinent demographics within the EMS System, including analyses of hospital services and past, present, and future trends in population and characteristics such as age, mortality, insurance and revenue to support EMS within the System Area; 6.3.1.4.4 Other EMS factors, including but not limited to response time standards, medical standards of care, required staffing, EMS equipment and facilities standards within the System Area, EMS System deployment plans, mutual aid agreements, competency management strategy, JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 13 compensation/reimbursement plan, and data collection plan; 6.3.1.4.5 Recommended performance standards that are currently recognized under national, state and local standards and guidelines; and 6.3.1.4.6 Private EMS provider's services and capabilities within the Service Area. 6.3.2 Develop, maintain and monitor EMS performance criteria by the Parties and any Medical Service Providers under contract pursuant to Section 4.6 of this Agreement. 6.3.3 Receive communications, review and make recommendations to the Board regarding any ongoing operational and/or planning and/or funding issues in order to coordinate EMS service and resources, transport and non -transport and air medical service, within the System Area. 6.3.4 Conduct EMS services informational meetings and consult with public officials and agencies, the medical community, the public, and civic, educational, professional, or other organizations. 6.3.5 Other duties as may be assigned by the Board. ARTICLE VII SYSTEM MEDICAL DIRECTORATE 7.1 Establishment of the System Medical Directorate; Standards and Procedures. There is hereby established a System Medical Directorate. The Medical Directorate composition shall be two (2) qualified physicians as recommended by the Administrative Committee and appointed by the Board. The Medical Directorate members shall appoint a chairman, who shall set the agenda and preside over the meetings, serve as the spokesman for the System Medical Directorate, and serve as an ex -officio member of the Administrative Committee. The Board shall adopt administrative guidelines and procedures concerning the conduct and the responsibilities of the System Medical Directorate. 7.2 Purpose of the System Medical Directorate, The System Medical Directorate executes the duties and functions in accordance with the laws of the state of Idaho, the Rules and Regulations of tine Idaho EMS Physicians' Commission, the state of Idaho EMS Bureau, and any other rules or regulations concerning emergency medical services. 7.3 Authority. Decisions pertaining to medical oversight rendered by the System Medical Directorate shall be binding upon the Parties, unless otherwise specifically noted within this Agreement. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 14 7.4 Responsibility. The Ada County -City EMS System Medical Directorate shall have and exercise the following duties: 7.4.1 Be responsible for the clinical management and medical oversight of the Parties' EMS services within the System Area and for compliance with the rules and regulations of the Idaho EMS Physicians' Commission, rules and regulations of the State of Idaho EMS Bureau and any associated rules and regulations concerning emergency medical services; 7.4.2 Determine the content of the System's Medical Supervision Plan; 7.4.3 Assess clinical ramifications of field operating procedures; 7.4.4 Evaluate the prospective clinical effects of administrative and operating proposals; 7.4.5 Establish the scope of practice of EMS personnel functioning within the System as required by the rules of the EMS Physician Commission and/or performance requirements as set forth by the System; and 7.4.6 Identify opportunities for improving the quality of medical care delivered to patients in the out of hospital setting within the System Area. 7.5 Meetings. The System Medical Directorate shall meet at least bi-monthly and at the call of the chairman. All meetings shall be conducted and noticed in accordance with the Idaho Open Meeting Laws, Sections 67-2342 through 67-2345, Idaho Code and any meeting rules adopted by the Board. A majority of the System Medical Directorate shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power. Each member of the System Medical Directorate may cast one vote during decision-making. ARTICLE VIII OTHER OBLIGATIONS OF THE PARTIES 8.1 Compliance with EMS Standards. Each Party shall at all times comply with standards established by the laws of the state of Idaho and associated regulations, as well as any other applicable federal law and/or regulation. 8.2 Agreement, Standards, Resolutions and Procedures Binding. The Board has the authority to cooperatively exercise the powers of each Party in furtherance of the purposes of this Agreement and the operations of the System to the extent conferred by this Agreement, and to the extent allowed by governing law. 8.2.1 Each Party agrees to be bound by this Agreement, its amendments, and by the resolutions and procedures adopted by the Board within the powers granted to it by this Agreement. 8,2.2 Each Party further agrees to do all things necessary and lawful to accomplish the purpose of this Agreement, including adoption of any ordinance or resolution JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 15 necessary to authorize the Party to perform under this Agreement. 8.3 Insurance. Each Party shall maintain a plan of insurance or self-insurance for comprehensive liability in compliance with the Idaho Tort Claims Act, Title 6, Chapter 9, Idaho Code. 8.4 Billing and Collection. Each Party is responsible for arranging the billing and collection of fees charged for the services it provides. 8.5 Individual Operation of the Parties; Allocation of Resources According to Standards Adopted by Board; Furnishing of Equipment. The Board will establish procedures and standards as well as specific direction for allocation of resources and personnel within the System as well as other subjects as provided herein. Except as provided by the System by action of the Board, each Party will provide its own equipment and supplies on its vehicles, for its personnel, payroll, and its stations. All Parties will retain control over those matters not related to the System or this Agreement, which may include, but is not limited to: budgeting, personnel decisions, equipment, offices, payroll, day-to-day operations and other related matters not impairing the operation of the System or functioning of the Board. 8.5.1 Personnel. This Agreement does not create a separate legal entity and therefore the Board shall have no authority to employ personnel directly. Personnel additions and reductions are matters entirely under the authority of the Party employing the personnel. The Board shall not take any action which is intended to terminate the employment of any employee, who is employed by a Party on the effective date of this Agreement. 8.5.2 Party Compliance with laws governing Personnel. Each Party is responsible for their compliance, in the performance of any services under this Agreement, with Idaho Code. Section 67-5901 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000, et seq., as amended by the Civil Rights Act of 1991, the American with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seg, as amended by the American with Disabilities Act Amendments of 2008, the Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq, the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq. 8.5.3 Party to Investigate Complaints. Each Party is responsible to investigate complaints referred from the Board, the Administrative Committee, or the Medical Directorate made by or against the Party's employees concerning matters related to their performance of services governed under this Agreement. This does not require a Party to report the results of any investigation. Each Party retains control of its personal property, personnel records, reports, and other documents for purposes of resolution or remediation of complaints. 8.6 Medical Supplies. Each Party shall provide necessary medical supplies for their personnel and equipment to operate within the System. Upon direction from the Board, JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 16 the Parties shall endeavor to engage in joint purchasing of medical supplies in order to realize cost savings. 8.7 Indemnification. Each Party covenants and agrees with the other Parties to indemnify, defend, and hold harmless each other Party, their officers, agents, and employees, from and against all claims, losses, actions, or judgments for damages or injury to persons or property arising from or connected to the acts and/or activities of it and/or its agents, employees, or representatives pursuant to and under the terms of this Agreement to the extent allowed by law. ARTICLE IX ADMINISTRATIVE SERVICES PROVIDED BY ADA COUNTY 9.1 Management of Funds and Administrative Support. The ACEMS District shall provide for the day-to-day management of the System funds as proposed by the Board through the policies and procedures established by the ACEMS District. The ACEMS District shall also provide administrative support for the Board. 9.2 Financial Advice. Ada County may make available a financial manager to the System from time to time in order to monitor the System's financial situation and to consult with the Board concerning the same. The Board may seek their own financial manager as needed. 9.3 Legal Counsel. The Parties agree to make their respective legal counsel available for use by the Board, subject to a mutual agreement between the Party and the Board regarding the legal services to be provided and payment for those services. 9.4 Ambulance Service. The ACEMS District shall continue to provide ambulance service through its ambulance taxing district within the boundaries of the District. 9.5 Medical Supervision. The ACEMS District shall provide for a minimum of one Medical Director for the System Medical Directorate. ARTICLE X NOTICE 10.1 All notices provided for in this Agreement are to be sent to the Secretary who shall provide said notice to each Party. 10.2 Each Party shall designate in writing to the Secretary their address for the receipt of official notices. 10.3 The effective date of notice given pursuant to this Agreement shall be three (3) days after the date of posting with the U.S. Postal Service of notice sent to the Secretary or upon the day of notice sent by facsimile or e-mail to the Secretary. 10.4 Secretary Notice Duties. The Secretary shall: JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 17 10.4.1 Receive from the Party(s) and distribute to all Parties the following: 10.4.1.2 Notices provided for in this Agreement; and 10.4.1.3 The minutes and all official actions of the Joint Powers Board. 10.4.2 Keep a current registry of the correct legal name and address of all Parties to this Agreement, each Board member, and each alternate. 10.4.3 Process notices of withdrawal and termination as provided in Article 11I, Sections 3.4 and 3.6 herein and proposals for amendment of this Agreement as provided in Article III, Section 3.3 and Article XI herein. ARTICLE XI AMENDMENT PROVISIONS This Agreement may only be amended in accordance with the following process: 11.1 An amendment may be proposed by a Party and/or by the Board. 11.2 A proposed amendment must be in writing and must include strikethrough of any language to be deleted and underline of any new language of the proposed amendment. Any proposed amendment will be considered an amendment to the entire Agreement and must be submitted in that fashion. 11.3 A proposed amendment shall contain a Statement of Purpose, which shall include a statement of how the Parties will be affected by the amendment; the Party to contact for information; and the amended Agreement text. 11.4 The proposing Party shall also prepare and submit to the Secretary a Restated and Amended Agreement form for service by the Secretary in the event the proposed amendment is approved. 11.5 The proposed amendment text, Statement of Purpose and a Restated and Amended Agreement form shall be served upon the Secretary by the proponent Party or Board, as the case may be. 11.6 The Secretary shall determine if the Proposed Amendment is in compliance with this Article and shall advise the proponent Party in the event it is not. 11.7 If the amendment proposal is in compliance with this Article, the proposed amendment shall be served and submitted to the Parties to this Agreement by the Secretary. 11.8 All Parties' approval is required for the approval of an amendment to this Agreement. 11.9 Parties must submit their approval, or their disapproval with reasoning, in accordance with service of notice as provided in this Agreement and within sixty (60) days of the JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY --- PAGE 18 date of the cover notice from the Secretary. 11.10 The Secretary shall tally the approvals and or disapprovals within a reasonable time, or in the case of no response, then soon after the sixty (60) day period for response. The amended Agreement shall be effective after all Parties have duly signed. 11.11 The Secretary shall then give notice to the Parties of the results, and in the event the amendment passes, the Secretary shall also include with notice to die Parties the Restated and Amended Agreement. ARTICLE XII MISCELLANEOUS PROVISIONS 12.1 This Agreement shall not relieve any Party of any obligation or responsibility imposed upon it by law, 12.2 Severability in Case of Partial Invalidity. if any portion of this Agreement is determined to be invalid or unenforceable as a matter of law, such invalidity or lack of enforcement shall be limited to such portion, and shall not affect any other portions or provisions, which shall be given the fullest effect permitted by law. In the event that it should ever be determined by a tribunal having appropriate jurisdiction that this Agreement is illegal or unenforceable as a matter of law, this Agreement shall be deemed to be null and void, from its inception, and the Parties hereto shall be relieved of any further performance under the terms of this Agreement. 12.3 Governing Law. This Agreement shall be governed by the laws of the State of Idaho. 12.4 No Third Party Beneficiaries. Each Party to this Agreement intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of any person or legal entity other than the Parties hereto. 12.5 Counterparts and Process to Become a Party. This Agreement will be executed and delivered in counterparts, one for each Party, and at such time as the governing board of an agency intent upon joining adopts the necessary resolution authorizing the execution of the counterpart and a written notice thereof, including a copy of the resolution or other authorizing act of its governing board is provided to die Secretary, this Agreement shall then be in full force and effect to such Parties and shall have the force and effect of an original, and copies of the signature pages of all counterparts shall be provided to all Parties to this Agreement by the Secretary. 12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 12.7 Attorney Fees. If in the event judicial action of any kind is necessary to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover from the non - JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 19 prevailing Party its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules of Civil Procedure. 12.8 Entire Agreement. This is the entire agreement between the Parties and may be modified only as provided herein. Board of a County Commissioners By: aviA f ase, dommissioner B Rick Yzaguirr-ommissioner ATTEST: Christopher D. Rich, Ada County Clerk Board of the Ada Count-, Emergency Medical Services District By; Dfi d L, asecGottimissioner By: 0 Rick ATTEST: Christopher D. Rich, Ada County Clerk I. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 20 l;y Cy/ 1csip, Date: City of B Ise ate: 42 / v of Meridian Rural Fire District North Ada County Fire & Rescue District Star Join—f Fire Protection trict Date: a Date; L D Date: Date: f b -- z 3 — / t-1 JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 21 Meridian City Council Meeting DATE: September 15, 2015 ITEM NUMBER: 5G ITEM TITLE: Approval of Purchase Motion Tablets Approval of purchase of Motion Tablets from CDW-Government, LLC. for the Not -To - Exceed amount of $70,638.90 and authorize the Purchase Manager to create and sign the Purchase Order for the Not -to -Exceed amount of $70,638.90. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Dave Tiede Date: 9-10-2015 Re: September 15, 2015 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June W' City Council Consent Agenda for Council's consideration. Approval of purchase of Motion Tablets from CDW-Government, LLC. for the Not -To - Exceed amount of $70,638.90 and authorize the Purchase Manager to sign the Purchase Order for the Not -to -Exceed amount of $70,638.90. Recommended Council Action: Approval of purchase of Motion Tablets and associated warranties and accessories from CDW Government, LLC for the Not -To -Exceed amount of $70,638.90 and authorize the Purchase Manager to sign the Purchase Order. This purchase is being made per Bid # IT -16-10547. This purchase is part of the approved 2016 Budget. Thank you for your consideration. • Page 1 O M N tCl O N a` .o d R d N W I-- W Cl) D uiQ J � W z z m 0 m � m PUOG Pie "' co pauBig ar 0 F -O (ib 0 11 0 LU W m Q j O z D z D z fn m W > Meridian City Council Meeting DATE: September 15, 2015 ITEM NUMBER: 5H PROJECT NUMBER: FP 15-030 ITEM TITLE: Heritage Grove FP 15-030 Heritage Grove No. 3 by Green Village Development, Inc. Located North of E. Ustick Road and West Side of N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty -One (31) Single Family Residential Lots and Four (4) Common Lots on 5.36 Acres of Land in the R-15 Zoning District MEETING NOTES Af4t lIl � vul 'y Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 15, 2015 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items moved from consent agenda 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 15, 2015 ITEM NUMBER: 7A PROJECT NUMBER: FP 15-029 ITEM TITLE: Solterra Subdivision FP 15-029 Solterra Subdivision No. 2 by C 15,LLC Located Near the Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Final Plat Approval Consisting of Forty - Six (46) Single Family Residential Lots and Six (6) Common Lots on Approximately 5.34 Acres in the R-15 Zoning Districts (FP 15-029 replaces FP 15-006 which has been requested to be withdrawn) MEETING NOTES Community Item/Presentation Pct 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 15, 2015 ITEM NUMBER: 7B PROJECT NUMBER: TEC 15-004 ITEM TITLE: Shops at Victory Public Hearing: TEC 15-004 Shops at Victory by Ken Lenz Located Southeast Corner of S. Eagle Road and E. Victory Road Request: One (1) Year Time Extension on the Conditional Use Permit (CUP -08-01 1) and Preliminary Plat (PP -08-006) Approved MEETING NOTES AIR NO N -Ir ,N u w c Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE September 15, 2015 ITEM # Project Number: TEC 15-004 Project Name: Shops at Victory PLEASE PRINT NAME FOR AGAINST NEUTRAL ��_9 (a �7 X CITY LE CITY CLERKS OFFICE Meridian City Council Meeting DATE: September 15, 2015 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Resolution Impact Fee Mayor's Office: Resolution No. 1C, - `CO : A Resolution Re -appointing Matthew Adams fo Seat 4, John Nesmith fo Seat 5, Spencer Martin fo Seat 6 and Seldon S. "Butch" Weedon fo Seat 7 of the Meridian Impacf Fee Advisory Committee 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. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING MATTHEW ADAMS TO SEAT 4, JOHN NESMITH TO SEAT 5, SPENCER MARTIN TO SEAT 6 AND SELDON S. "BUTCH" WEEDOM TO SEAT 7 OF THE MERIDIAN IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 06- 1255, on September 5, 2006, amending Title 10, Chapter 7 to the Meridian City Code and thereby created the Meridian Impact Fee Advisory Committee; and WHEREAS, that action further established its members and terms of their appointments; and WHEREAS, on October 2, 2012 by Resolution no. 12-877, Mayor De Weerd designated Matthew Adams to fill Seat 4 of the Impact Fee Advisory Committee, with a term to expire September 30, 2015; and WHEREAS, on January 13, 2015 by Resolution no. 15-1044, Mayor De Weerd designated John Nesmith to fill Seat 5of the Impact Fee Advisory Committee, with a term to expire September 30, 2015; and WHEREAS, on October 2, 2012 by Resolution no. 12-877, Mayor De Weerd designated Spencer Martin to fill Seat 6 of the Impact Fee Advisory Committee, with a term to expire September 30, 2015; and WHEREAS, on June 3, 2014 by Resolution no. 14-997, Mayor De Weerd designated Seldon S. "Butch" Weedon to fill Seat 7 of the Impact Fee Advisory Committee, with a term to expire September 30, 2015; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of the City of Meridian to re -appoint Matthew Adams to Seat 4, John Nesmith to Seat 5, Spencer Martin to Seat 6 and Seldon S. "Butch" Weedon to Seat 7 of the Impact Fee Advisory Committee. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That John Nesmith is hereby appointed to Seat 5 of the Meridian Impact Fee Advisory Committee for the remainder of the term to run through September 30, 2018. RESOLUTION FOR RE -APPOINTMENT OF MATTHEW ADAMS, JOHN NESMITH, SPENCER MARTIN AND SELDON S. `BUTCH" WEEDON - MERIDIAN IMPACT FEE ADVISORY COMMITTEE — I of 2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 6 day of September, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this \S day of September, 2015. Mayor Tq�fiiy de Weerd oreJ1,f�SEEDAU�;- Y$G `rATTEST: so w City of BAN By a IDAHO Jaycee olman, City Clerk `�F SEAL RESOLUTION FOR RE -APPOINTMENT OF MATTHEW ADAMS, JOHN NESMITH, SPENCER MARTIN AND SELDON S. "BUTCH" WEEDON - MERIDIAN IMPACT FEE ADVISORY COMMITTEE - 2 of 2 Meridian City Council Meeting DATE: September 15, 2015 ITEM NUMBER: 8B PROJECT NUMBER: ITEM TITLE: Meridian Solid Waste Advisory Mayor's Office: Resolution No. J ( M A Resolution Re -Appointing Robert Corrie to Seat 2 and Cheryl Caldwell to Seat 3 of the Meridian Solid Waste Advisory Committee MEETING NOTES P', 1P " H _g riui "Up 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. i BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN RE -APPOINTING ROBERT CORRIE TO SEAT 2 AND CHERYL CALDWELL TO SEAT 3 OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 6 establishes the Meridian Solid Waste Advisory Commission, its members and terms of their appointments; and WHEREAS, Robert Corrie was appointed in October of 2010 to Seat 2 with a term to expire on September 30, 2012 and re -appointed to Seat 2 on September 11, 2012 by Resolution No. 12-869 with a term to expire September 30, 2015; WHEREAS, Cheryl Caldwell was appointed in February of 2012 to Seat 3 with a term to expire on September 30, 2012 and re -appointed to Seat 3 on September 11, 2012 by Resolution No. 12-869 with a term to expire September 30, 2015; WHEREAS, Robert Corrie may be reappointed to Seat 2 to a term of 3 years to expire September 30, 2018, and Cheryl Caldwell may be reappointed to Seat 3 to a term of 3 years to expire September 30, 2018; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective reappointment of Commissioners Robert Corrie and Cheryl Caldwell as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Robert Corrie shall be reappointed to Seat 2 of the Meridian Solid Waste Advisory Commission, which term shall run through September 30, 2018. Section 2. That, effective immediately, Cheryl Caldwell shall be reappointed to Seat 3 of the Meridian Solid Waste Advisory Commission, which term shall run through September 30, 2018. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Resolution Re -Appointing Corrie and Caldwell - Solid Waste Advisory Commission — Page 1 of 2 ATTF ADOPTED by the City Council of the City of Meridian, Idaho, this`S day of , 2015. APPROVED by the Mayor of the City of Meridian, Idaho, thisday of 2015. APPROVED: Ma a de Weerd Resolution Re -Appointing Corrie and Caldwell - Solid Waste Advisory Commission — Page 2 of 2 Meridian City Council Meeting DATE: September 15, 2015 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: Resolution Youth Commissioner Mayor's Office: Resolution No. 14� -I Og U : A Resolution Re -Appointing Joely Walters as a Youth Commissioner to the Historical Preservation Commission MEETING NOTES Igug E i� RUUD Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1510 CITY OF MERIDIAN RESOLUTION NO. 0 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, RE -APPOINTING JOELY WALTERS AS YOUTH COMMISSIONER TO THE HISTORICAL PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 1 establishes the Historical Preservation Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to historical preservation within the City, and to that end Meridian City Code § 2-1-3(B) states that a youth member may be appointed to the Historical Preservation Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of Joely Walters to the Historical Preservation Commission to be in the best interest of the Historical Preservation Commission and the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-1-3(B), Joely Walters is hereby re- appointed to the Historical Preservation Commission, for a term to expire on August 31, 2016. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of September, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this day of September, 2015. OV Mayor Ta de eerd ATTEST: `$ W City of t �13inr a N By: FonHa J ay dle-e L. WIran, City irk SEAL TRFAS�CO JOELY WALTERS -YOUTH COMMISSIONER APPOINTMENT FOR HISTORICAL PRESERVATION COMMISSION- PAGE I OF I Meridian City Council Meeting DATE: September 15, 2015 ITEM NUMBER: 9 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 15, 2015 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Executive Session Executive Session as Per Idaho Code 74-206(c): (c) To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency 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 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 5 , 2 0 1 5 Se p t e m b e r 1 5 , 2 0 1 5 Se p t e m b e r 1 5 , 2 0 1 5 Se p t e m b e r 1 5 , 2 0 1 5 It e m # 7 A : S o l t e r r a Su b d i v i s i o n N o . 2 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 It e m # 7 B : S h o p s a t V i c t o r y – Pr e l i m i n a r y P l a t & C o n d i t i o n a l Us e P e r m i t T i m e E x t e n s i o n Ap p r o v e d P r e l i m i n a r y P l a t A p p r o v e d C o n c e p t u a l S i t e P lan