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2015-11-24C�� VIDIANr ---- CITY COUNCIL REGULAR !I kll'111 11 „f k E Al MEETING AGENDA 1s City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, November 24, 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 O Mayor Tammy de Weerd 2. Pledge of Allegiance led by Tyler Thompson with Boy Scout Troop 148 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Memorandum of Agreement between the City and Meridian Development Corporation for Contribution to Traffic Box Community Art Project for the Not -to -Exceed Amount of $5,127.00 B. Memorandum of Agreement between the City and Meridian Development Corporation for Contribution to 2016 Concerts on Broadway for the Not -to - Exceed Amount of $10,000.00 C. Purchase Order Approval for (2) Pierce Arrow Fire Engines from Hughes Fire Equipment and Authorization for the Purchasing Manager to Sign the Purchase Order for the Not -to -Exceed Amount of $1,017,288.00 D. Development Agreement Southridge Apartments (MDA -15-010) Located on the south side of W. Overland Road, midway between S. Linder Road and S. Ten Mile Road, in the north 1/2 of Section 23, Township 3N., Range 1W. E. Final Order: Stinker Station at Paramount Commercial (H-2015-0012) by CSHQA Located 1410 W. McMillan Road. Request: City Council Review of a Reduced Buffer to Residential Uses from 25 Feet to a Width Ranging from 7 to 11 Feet; and to be Relieved from Conditional Use Permit Condition #1.5 Which Meridian City Council Meeting Agenda Tuesday, November 24, 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. A 7. 91 Requires the Fuel Canopy to Incorporate Materials and Colors Consistent with the Convenience Store/Restaurant 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. Public Hearing for Paramount Subdivision (H-2015-0022) by Brighton Investments, LLC Located Southeast Corner of W. Chinden Boulevard (SH 20/26) and N. Fox Run Way Approved w/ Requested Modifications 1. Request: Modification to the Development Agreement (Inst. #103137116, Amended as Inst. #113083665) for Paramount Subdivision to Include a Conceptual Development Plan for the Subject Property B. Final Plat for Decatur Estates Subdivision No. 1 (H-2015-0027) by 4345 Linder Road, LLC Located 4345 N. Linder Road Approved 1. Request: Final Plat Approval Consisting of Thirty -Five (35) Building Lots and Nine (9) Common Lots on 15.17 Acres of Land in an R-4 Zoning District Department Reports: A. Acceptance of Ada County's Canvass of the Votes for the November 3, 2015 Meridian City Election Approved A Legal Department: Ordinance No. Ordinance of the City of Meridian Repealing and Replace Title 1, Discrimination Prohibited of the Meridian City Code; Providing the Reading Rules; and Providing an Effective Date. Future Meeting Topics An Chapter 15 a Waiver of 9. Executive Session Per Idaho State Code 67-2345 (1)(d)(f): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 6:53 p.m. Meridian City Council Meeting Agenda Tuesday, November 24, 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. Out of Executive Session at 7:24 p.m. Adjourned at 7:24 p.m. Meridian City Council Meeting Agenda Tuesday, November 24, 2015 — Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Changes to Agenda: None Item #6A: Paramount Subdivision - MDA (H-2015.0022) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 53.57 acres of land, is currently zoned C -C and TN -C, and is located on the south side of W. Chinden Blvd., west of N. Meridian Road. History: This site was annexed in 2013 with the Paramount Northeast project; a condition of annexation required the original DA for Paramount Subdivision to be amended to include this property with a conceptual development and associated provisions. Summary of Request: The applicant requests a modification to the existing DA as required. A conceptual development plan is proposed for the portion of the site located at the SEC of W. Chinden Blvd. & N. Fox Run Way; the concept plan does not include the portion of the annexation area at the SWC of Chinden & Fox Run. The concept plan depicts a detailed plan for an assisted living facility on the west end of the site and "future residential" uses on the remainder of the site; the type of residential uses are not specified. A circulation plan is shown that depicts two access points via N. Fox Run Way to the'portion of the site proposed to develop with a assisted living facility & 3 other accesses via Director Street with cross -access between the residential designated areas and the proposed residential care facility. A phased 35 -foot wide landscape buffer and 10 -foot wide multi -use pathway is also depicted along W. Chinden Blvd. with 30 feet for future right-of-way for a total of 70 feet from centerline. Because the proposed concept plan only depicts a general use of "residential" and does not include a site plan of specific type or density of residential use(s), does not incorporate a mix of 3 different land use types with residential densities ranging from 6 to 15 units/acre as required in MU -C designated areas and residential densities ranging from 3 to 8 units/acre in the MDR designated area; and does not include a plan for the land at the SWC of Chinden/Fox Run, staff recommends the DA is modified prior to development of this area to include a more detailed concept plan. This will ensure the site develops in accord with the MU -C and MDR designations. If the site is intended to develop with all residential uses as shown, an amendment to the Comprehensive Plan may be required if a mix of 3 land use types within the overall MU -C area can't be provided. In regard to access, the UDC restricts access to collector streets when access to a local street is available. Local street access is not available to this site (the staff report mistakenly states that W. Director Street to the south is a local street, it's actually a future collector street). Two access points are proposed on the concept plan to the assisted living facility site via N. Fox Run Way, a collector street. Staff recommends only one access is allowed via Fox Run in accord with UDC access standards unless otherwise waived by Council. Because this property is not an original parcel of record as defined by the UDC & therefore is not considered a legal parcel to build upon, staff recommends the property is subdivided prior to any development occurring on the site. The concept plan shows a phased landscape buffer & multi -use pathway along Chinden Blvd. Staff does not recommend approval of the proposed phasing of these items as shown; typically, sidewalks/pathways are required to be installed with the first phase of development along arterial streets to provide a safe travel area for pedestrians. Staff will evaluate the proposed phasing of these improvements at the time of preliminary plat application; however, will most likely require the multi -use pathway along Chinden Blvd. & N. Meridian Road to W. Director Street to be installed with the first phase of development. Written Testimony since Commission Hearing: Mike Wardle (response to the staff report) Staff Recommendation: Approval per the staff report with a change to DA provision #3 as follows, "A 10 -foot wide multi -use pathway shall be provided within the street buffers along W. Chinden Boulevard, along the west side of N. Meridian Road, and along the north side of W. Director Street within a public use easement in accord with UDC 11 -3H -4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to issuance of any Certificate of Zoning Compliance or, approval of any subsequent land use application for the C -C and TN -C zoned properties." Notes: Item #613: Decatur Estates Subdivision No.1 (H-2015.0027) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 15.17 acres of land, zoned R-4, located at 4345 N. Linder Road on the west side of N. Linder Road, south of W. McMillan Road. Summary of Request: The proposed final plat depicts 35 building lots & 9 common area lots on 15.17 acres of land in the R-4 zoning district. All of the lots proposed in this subdivision are for single-family detached homes & comply with the dimensional standards of the R-4 zoning district. The proposed final plat is in compliance with the approved preliminary plat. Written Testimony since Commission Hearing: Becky McKay, Applicant's Representative (response to the staff report) Staff Recommendation: Approval wlconditions — In response to the applicant's response, staff recommends Site Specific Condition #10 is modified as follows, "Applicant shall be required to connect to the existing 12 -inch water main located in N. Linder Road, and the 8 -inch water mains located within N. Marche Avenue, and N. Penngrove Way, thereby looping the water system into all available locations. The applicant shall also be required to extend an 8 -inch water main to the north boundary of the subdivision in Penngrove Way." Notes: Meridian City Council Meeting DATE: November 23,2015 ITEM NUMBER: 5A PROJECT NUMBER: Consent Agenda ITEM TITLE: Agreement Between the City of Meridian and MDC Memorandum of Agreement between the City and Meridian Development Corporation for Contribution to Traffic Box Community Art Project for the Not -to -Exceed Amount of $5,127.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO TRAFFIC BOX COMMUNITY ART PROJECT This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement") is made this _ day of November, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"), WHEREAS, City and MDC desire that public art will be a component of the Meridian community and to that end, City has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District ("ACHD"), as a benefit to the public; WHEREAS, the Meridian Arts Commission intends to work with artists, ACHD, and MDC �Ct, to install at least six (6) Project wraps in fiscal year 2016; and 3611 Ts, -,-I i90 WHEREAS, MDC is willing to contribute to City five thousand dollars ('$5—,6$6-.0$�toward expenses related to the Project; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. CIT'Y's RESPONSIBILITIES. A. Project wrap installation. Between October 1, 2015 and September 30, 2016, City agrees to invest MDC's contribution in the installation of six (6) Project wraps in the Meridian Urban Renewal Area as part of the Project. The selection of staff and/or vendors for Project shall be made by City. B. Selection of artists, traffic boxes. City shall include MDC in the process of selecting artists and/or artwork for transfer onto the six (6) Project wraps that are the subject of this Agreement. City shall include MDC in the process of selecting the traffic boxes on which the six (6) Project wraps that are the subject of this Agreement are installed; such boxes shall be located within the Meridian Urban Renewal Area. With regard to decisions related to selection of artists, artwork, or specific installation locations, City shall duly consider MDC input and shall make a reasonable effort to come to consensus; however, City shall be responsible for the final decision regarding selection of artists, artwork, or specific installation locations. C. Acknowledgment of sponsorship. If City decides to acknowledge sponsors of wraps installed as part of Project, City shall acknowledge MDC on the six (6) Project wraps that are the subject of this Agreement. MEMORANDUM OF AGREEMENT FOR MDC's 'TRAFFIC Box COMMUNITY ART PROJECT CONTRIBUTION PAGE 1 of 3 MDC is the terminating party, City shall be entitled to receive reimbursement for payments made for services properly performed by Consultant to the date of termination. E. 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. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. F Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of November, 2015, MERIDIAN DEVELOPMENT CORPORATION: By: Attest: Attest: CITY OF MERIDIAN: COu�t(� ®►� o�`u� c r :f Attest: fciiy of 'r/� 4.. D i, k! o ee H 1 n ity Clerk rr'q F. MEMORANDUM OF AGREEMENT FOR MDC's TRAFFIC BOAC COMMUNITY ART PROJECT CONTRIBUTION PAGE 3 OF 3 Meridian City Council Meeting DATE: November 23,2015 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Agreement between the City of Meridian and MDC Memorandum of Agreement between the City and Meridian Development Corporation for Contribution to 2016 Concerts on Broadway for the Not -to - Exceed Amount of $10,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO 2016 CONCERTS ON BROADWAY This MEMORANDUM OF AGREEMENT FOR CONTRIBU'T'ION TO CONCERTS ON BROADWAY ("Agreement") is made this _ day of November, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WHEREAS, City and MDC desire that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts; WHEREAS, in the summer of 2016, the Meridian Arts Commission will present Concerts on Broadway, a series of live, outdoor performances to be held in the Meridian City Hall plaza; and WHEREAS, MDC is willing to contribute to City ten thousand dollars ($10,000.00) toward expenses related to the presentation of the Concerts on Broadway series; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. CITY'S RESPONSIBII.IM-S. A. Concert production. Between May 31, 2016 and September 30, 2016, City agrees to present four (4) free outdoor concerts at Meridian City Hall plaza as part of the 2016 Concerts on Broadway series. Such concerts will include live musical performance, and may include an opening act, food vendor(s), amplified sound, and limited chair seating. The selection of staff and/or vendors for Concerts on Broadway shall be made by City. B. Publicity. City shall publicize the 2016 Concerts on Broadway series, which publicity may include distribution of information via written and broadcast media, social and online media, e-mail, posters, and a banner displayed at Meridian City Hall. Decisions regarding the time, place, and manner of such publicity shall be made by City. C. Acknowledgment of sponsorship. Though the amount contributed by MDC would typically allow MDC to be acknowledged as a title sponsor of the 2016 Concerts on Broadway series, MDC's desire is to be acknowledged as a Tier 1 sponsor (or like designation). As such, MDC shall be entitled to recognition as "sponsored by," be recognized and allowed an opportunity to address the audience during intermission at all concerts, set up a display table and banner at one (1) concert, and have the MDC logo printed on all event marketing materials where sponsors' logos are printed. D. Invoice MDC. City shall provide one (1) invoice to MDC by April 1, 2016, in the amount of ten thousand dollars ($10,000.00), and City shall use such amount for the payment of expenses rotated to the production of Concerts on Broadway, which expenses shall include MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 1 OF 3 payment for performance artist booking, sound system rental, chair rental, and publicity. II. MDC's RESPONSIBILITIES. A. Reimbursement. Within thirty (30) days of receipt of City's invoice, MDC shall provide payment to City in the amount of ten thousand dollars ($10,000.00). B. Logo. MDC shall provide City with a copy of its logo, in digital format, for use on marketing materials as described herein. C. Appropriation, Notwithstanding anything in this Agreement to the contrary, MDC's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent upon appropriations being made by the MDC governing board for such purpose. The officer or administrator charged with the responsibility of preparing MDC's Fiscal Year 2016 budget shalt include in the proposed budget the amount noted herein, which will be duly considered by the Board along with the other proposed expenditures for Fiscal Year 2016. III. GEi NERAL TIC, RMS. A. Term. This Agreement begins immediately upon execution and shall remain in effect through September 30, 2016. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian MDC: Meridian Development Corporation Arts & Culture Specialist Ashley Squyres, Administrator 33 E. Broadway Avenue 33 E. Broadway Avenue Meridian ID 83642 Meridian 1D83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. D. Termination, Either party may terminate this Agreement in whole, or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of this Agreement is not in the parties' best interest, by providing thirty (30) days written notice. If MDC is the terminating party, City shall be entitled to receive reimbursement for payments made for services properly performed by City to the date of termination. If City is the terminating party, MDC shall be entitled to reimbursement for a pro -rata share of MDC's contribution for any concerts that have not been presented at the time of termination, i.e., MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 2 OF 3 In $2,500 per concert. City's decision to cancel or reschedule a concert due to inclement weather or other unforeseen event on the day of such scheduled concert shall not constitute termination or breach, and MDC shall not be entitled to pro -rata or other reimbursement in such circumstance, E. Indemnification. To the fullest extent permitted by law and by Article VIII, section 4 of the Idaho Constitution, City agrees to indemnify, defend, and hold harmless MDC and its officers, agents, consultants, and employees from and against any and all liability, claims, losses, actions, or judgments, costs and fees, including any costs and attorney's fees incurred therein, for damages, losses, or injury to entities, persons or property for any act, error, or omission arising out of or in any way connected with the activities and programs described herein and/or the activities of City and its officers, employees, contractors, or agents related to or connected with this Agreement. F. 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, The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of November, 2015. MERIDIAN DEVELOPMENT CORPORATION: Attes SIGNATURE SIGNATURE BY (PRINT NAME, TITLE) BY (PRINT NAME, TITLE) CITY OF MERIDIAN: Attest: — :�f City of cee AolmaiiCity Clerk ��a ! eon 10 1 SEAL FST �`H h, IP.Ef.5�0 . MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 3 OF 3 Meridian City Council Meeting DATE: November 23,2015 ITEM NUMBER: 5C PROJECT NUMBER: consent Agenda ITEM TITLE: Approval for (2) Pierce Arrow Fire Engines from hughes Fire Equipment Purchase Order Approval for (2) Pierce Arrow Fire Engines from Hughes Fire Equipment and Authorization for the Purchasing Manager to Sign the Purchase Order for the Not -to -Exceed Amount of $1,017,288.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Mark Niemeyer Date: 11-19-2015 Re: November 24, 2015 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 24th City Council Consent Agenda for Council's consideration. Purchase of (2) Pierce Arrow Fire Engines from Hughes Fire Equipment and authorization for the Purchasing Manager to sign the purchase order for the Not -To - Exceed amount of $1,017,288.00 Recommended Council Action: Approval of purchase of (2) Pierce Arrow Fire Engines from Hughes Fire Equipment for the Not -To -Exceed amount of $1,017,288.00 and authorize the Purchase Manager to sign the Purchase Order. This purchase is being made from the HGACBuy contract (a cooperative contract) that has been reviewed and approved by Legal. Thank you for your consideration. • Page 1 HGACBuyCONTRACT PRICING WORKSHEET For MOTOR VEHICLES Only Contract No.: FS 12-13 Date Prepared: j 11/18/2015 This Work.s/ieei i$prepared by Contractor antigivei'r to Eitel User. f o �'� is issued, both docurizents 'N-WST be foxed to H=GAC @ 7 3-993-048. Therefore please type or print legibly.. Buying City of Meridian, ID Agency: i Contractor: ;Pierce Manufacturing, Inc. t ContactI Person: 'Perry Palmer Pre ared '£ uy: :Dean Stock Phone: =208-888-1234 Phone: '541-747-0072 Fax: Fax: .541-747-0073 Email:ppalmer(a)-meridiancity.org Email: dstock(5)hughesfire.com Product Code: LiC05 jPierce Saber, 4 -Door, Full -Tilt, Aluminum Cab, Aluminum Body, Single Azle, 1250 GPM Pump, Mid - Description: !Mounted Pumper A. Product Item Base Unit Price Per Contractor's H -GAC Contract: 1 316,530.00 B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) Description Cost Description Cost i 3 j 's i t £ Subtotal From Additional Sheet(s): $ 132,540.00 Subtotal B: j 132,540.00 C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Description Cost Description Cost Subtotal From Additional Sheet(s): $ 81,005.50 Subtotal C: 81,005.50 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit: Price plus Published Options (A+B). For this transaction the percentage is: 18.04% D. Total Cost Before Any Applicable Trade4n / Other Allowances / Discounts (A+B+C) Quantity Ordered: X Subtotal of A + B + C: 530,075.50 = Subtotal D: 1,060,151.00 E. H -GAC Order Processing Charge (Amount Per Current Policy) Subtotal E:2,000.00 F. Trade -Ins / Other Allowances / Special Discounts / Freight / Installation Description Cost Description Cost Delivery 9,000.00 Performance Bond I 2,892.00 Prepayment Discounts ! (56,755.00) Subtotal F: (44,863.00) Delivery Date:' G. Total Purchase Price (D+E+ 1,1,017,288=00E: Pride Published Unpublli§h d bons 112 1 Tire Chains 3704 116 1 EX225 17" Front Disc Brakes 1057 202 1 Aluminum Wheels, front 1751 203 1 Aluminum Wheels, Rear Single Axle 2701 205 1 Electric Windows 871 208 1 Intercom System (up to 6 position, 2 with radio, 6 headsets non -wireless) 5562 210 4 Upgrade SCBA Bracket to Hands Free 2596 211 1 Camera System, Sides and rear with monitor 1817 653533 1 Camera, Pierce, 7" LCD, Rear Camera Only -976.41 212 1 Raised roof, custom cab 1903 214 1 Q213 Siren 3547 215 1 Safety System 8574 226 1 Air Horns with 2 foot switches 1389 308 1 Pierce Husky 3, Single Agent (5) discharges 11466 313 1 Foam Cell 20 Gallons 1331 401 1 Add Front Suction Inlet 4-6" 6147 402 1 Add Front Bumper Line (including hose tray & cover) 2886 403 1 Add 19" Extended Steel Painted Bumper 2346 410 1 Add Large Diameter Side Discharge 5" with 4" valve 3997 411 1 Add Mechanical Seal to Pump 749 418 1 Hose Reel, above pump w/ 150' Hose 3125 420 1 Increase Pump from 1250 to 1500 gpm 5014 425 1 Provide (2) Speedlays w/ Tray's IPO Crosslay with Rollers 6229 427 11 Airhorn at activation pump panel 156 429 1 Extenda-gun 18" 3620 459 19 Mate Flex in Enclosed Compartments Per Shelf 2223 463 5 Slide -out floor tray 3560 464 4 Adjustable slide -out tray 3156 466 1 Traffic Directing light bar 1435 477 1 Auto -eject 20 amp 458 480 1 Kussmaul pump plus 1200 charger 2256 482 1 LED under cab/body lighting (8) 1791 483 1 12 volt LED Brow light 1762 485 2 12 volt LED Pole light (per light) 3828 487 2 SCBA Cylinder storage in fender panel triple (each) 1584 970 1 Add Electric / Hydraulic Ladder Rack 8782 972 1 Add Top Pump Control 6888 973 1 Full Height - Depth Compartments 5800 978 1 LED Emergency Light Package 6479 649754 1 Enforcer Chassis 8606.54 648332 1 JCab, Enforcer, 7010 10543.64 648354 1 Frame Liner, Internal "C", 9.38" x 3.13" x.25", Saber FR/Enf, 27" Qval 3030.69 610885 1 Engine, DDC DD13, 470 hp, 1650 Ib -ft, W/OBD, EPA 2016, Enforce 24972.41 642582 1 Trans, Allison 5th Gen, 4000 EVS P, ImpNelNel SLT/DCF/SFR/Enf, w/Prognostics 12041.06 606589 1 Compt, Storage, 12.75 W x 24 H x 15 D, (1) Ea Side C/C,Single Pan,70" SFR/Enf 1295.21 631717 1 Cabinet, EMS, Rear Facing, DS, 24.50 W x 44 H x 26.75 D, Roll, Ext Acc, SFR/Enf 3360.94 631701 1 JCabinet, EMS, Rear Facing, PS, 24.50 W x 44 H x 26.75 D, Roll, Ext Acc, SFR/Enf 3360.94 618879 1 Seat, Forward Facing C/C, Center, (2) Bostrom 450, Safety, SCBA, Saber FR/Enf 1403.16 681766 1 Tailboard, 16" Deep, Full Width, Extended Substructure, Angled Corners 1207.45 4012 1 Scuffplate, S/S, Inside Each Compt Door 1793.07 659095 1 Pegboard, 3/16" Alum, Rear Wall Compt, w/Track 1579.15 14713 1 Troughs, H.S.H., Side of Hydraulic Ladder Rack 2000, (2) 1303.62 538495 1 lController, Pressure - Fire Commander II, DDEC Engines 2142.17 48644 1 Swivel, Smooth Chrome, 6.00" Front Inlet 1638.24 4940 1 Outlet, Left Side, 2.50" 1805.56 4995 1 Outlet, Rear, 2.50" 1898.06 Base Bid $ 316,530.00 Published Options $ 132,540.00 Total Published Options $ 449,070.00 Unpublished Options $ 81,005.50 18.04% Total Options Wo HGAC Fee $ 530,075.50 Meridian City Council Meeting DATE: November 23,2015 ITEM NUMBER: 5D PROJECT NUMBER: Consent Agenda ITEM TITLE: Development Agreement Southridge Apartments Development Agreement Southridge Apartments (MDA -15-010) Located on the south side of W. Overland Road, midway between S. Linder Road and S. Ten Mile Road, in the north 1/2 of Section 23, Township 3N., Range 1W. 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 2015-112096 BOISE IDAHO Pgs=7 VICTORIA BAILEY 12/09/2015 02:55 PM MERIDIAN CITY NO FEE • 11111111111111 111111111111111111111111111 1111 111 00173366201501120960070070 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Southridge Farm LLC, Owner/Developer 3. Corey Barton Homes, Inc., Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this \ day of De ce_mdev , 2015, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue,Meridian,Idaho 83642 and Southridge Farm LLC,("OWNER/DEVELOPER"), whose address is 209 W. Main Street,Boise,Idaho 83702 and Corey Barton Homes,Inc., ("OWNER/ DEVELOPER") whose address is 1977 E. Overland Road, Meridian, Idaho 83642. RECITALS A. CITY and OWNER/DEVELOPERS entered into that certain Development Agreement that was recorded on December 7,2011 in the real property records of Ada County as Instrument No. 111099621 ("DEVELOPMENT AGREEMENT")on the parcel of property as described in Exhibit A, attached hereto. B. CITY and OWNER/DEVELOPERS now desire to amend the Development Agreement,which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW,THEREFORE,in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developers shall develop the Property in accordance with the following special conditions: ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 15-010-SOUTHRIDGE APARTMENTS Page 1 of 6 1. Development of the site shall substantially comply with the conceptual site plan included in Exhibit A (as attached), the design standards listed in UDC 11-3A-19 and the guidelines contained in the City of Meridian Design Manual or any updated version thereof in effect at the time of development. 2. All future development shall comply with the dimensional standards for the R- 15 zoning district contained in UDC Table 11-2A-7 and the TN-R zoning district contained in UDC Table 11-2D-6 as applicable. 3. The developer shall comply with all ACHD conditions of approval associated with development of this site. 4. An easement recorded on 10/02/09 as instrument#109112713 grants cross- access to Parcel No. 51223120727—the 4.8 acre parcel to the east of the subject property. 5. Prior to development of the third phase of the project, a modification to the development agreement is required to update the conceptual site plan to include a development plan for this area. 6. The 30 foot wide road right-of-way easement known as Old Thorn Lane that runs through this site and provides access to the Rice property(parcel #S1223131250)shall be protected and preserved throughout the construction process and after; or, an alternative access route shall be provided with the appropriate instrument. 7. The road right-of-way easement for Old Thorn Lane shall be vacated at such time as the easement has either been relocated or is no longer needed. 2. That Owner/Developers agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer,or their assigns,heirs,or successor shall not meet the conditions of this Addendum,and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs,successors,assigns and personal representatives,including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developers of the Property,each subsequent owner and any other person(s)acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 15-010—SOUTHRIDGE APARTMENTS Page 2 of 6 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developers and City relative to the subject matter herein,and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 15-010—SOUTHRJDGE APARTMENTS Page 3 of 6 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER• SOUTHRIDGE F• ' y: OWNER/DEVELOPER: COREY BARTON HOMES, , y: 11111 CITY OF ME : DI4111, I _ . . ��u+�7L'n 4 U°&s, Attest: ' G J i iminimmok i2V Lam\ � � �, Z 'IIIA Nk— � ivRHp Jaycee L. 7.11F111,11rallUlerk �F SEAL T�9 ''h•7REa9C&ESP`. ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 15-010—SOUTHRIDGE APARTMENTS Page 4 of 6 , a STATE OF IDAHO ) ) ss. County of Ada ) On this I i.4"` day of NOVe.wb— ,2015,before me,the undersigned,a Notary Public in and for said State, personally appeared Core Fra•-A"u✓l known or identified to me to be the /1/lAna5 ef- of South ridge Farms LLC,the person who executed the instrument on behalf of said Idaho company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �g K 1-------'" G . Notary Public for Idaho ° aa Residing at: Me,,,.�PA i T � lG/0 My commission expires: -)--t)5-(L • rEOFww' •• STATE OF IDAHO ) ) ss. County of Ada ) On this 18 4' day of /s./o v er o-er ,2015,before me,the undersigned,a Notary Public in and for said State, personally appeared C 0 r known or identified to me to be the Presid-e vt" of Corey Barton Homes, Inc., the person who executed the instrument on behalf of said Idaho corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ®arm.....f, KOC.•® Q . , . Notary Public for Idaho Residing at: 0 Ci loR, TS My commission expires: b-vs-k. pL - 'c+ •'. 47E OF\ ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 15-010—SOUTHRIDGE APARTMENTS Page 5 of 6 STATE OF IDAHO ) : ss County of Ada ) On this 1 day of ,>ec N , 2015 bee or me, Notary Public, personally appeared Tammy de Weerd and J^tyt ve L.Ilolman,-l�noown or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. t.e_hAtc. (SEAL) •. �':=•'=-� U VV N • �. ' Notary Public r Idah • ?+ ; Residing at: ( roe e__ D • • '4' 'r• Commission expires: E3 - -/ • .*��••••••••.` • . .•• ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 15-010—SGUTHRIDGE APARTMENTS Page 6 of 6 Exhibit A Proposed Conceptual Development Plan(dated: August 28, 2015) ihiikanolites a 4hk� Yl.. ww :.z+x sew w..s � t �. A { p.I' r DASHED 4miE recATEs YE1CPME1i1 AGRrcM fl attilitlAlkif 1 u 4i !14 : R r Southd .. a a Southridge Apartments—MDA 15-010 Meridian City Council Meeting DATE: November 23,2015 ITEM NUMBER: 5E PROJECT NUMBER: Consent Agenda ITEM TITLE: Final Order: Stinker Station at Paramount Commercial Final Order: Stinker Station at Paramount Commercial (H-2015-0012) by CSHQA Located 1410 W. McMillan Road. Request: City Council Review of a Reduced Buffer to Residential Uses from 25 Feet to a Width Ranging from 7 to 11 Feet; and to be Relieved from Conditional Use Permit Condition #1.5 Which 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 No v e m b e r 2 4 , 2 0 1 5 No v e m b e r 2 4 , 2 0 1 5 No v e m b e r 2 4 , 2 0 1 5 No v e m b e r 2 4 , 2 0 1 5 It e m # 6 A : P a r a m o u n t S u b d i v i s i o n – D e v e l o p m e n t A g r e e m e nt M o d i f i c a t i o n Ex i s t i n g D A B o u n d a r y : W D i r e c t o r S t W H e s t o n D r E R i o N B o o t h A v e n e r A v e W C a i n e S t N K e a t o n A v e MitchumAve ahamAve P eppardAveNR i N D e m i l l e A v e N C h a n n i n g W a y Pr o p o s e d A r e a t o b e I n c l u d e d i n D A : Pr o p o s e d M o d i f i c a t i o n s t o t h e D e v e l o p m e n t A g r e e m e n t In c l u d e t h e f o l l o w i n g p r o v i s i o n s i n t h e a m e n d e d d e v el o p m e n t a g r e e m e n t a s r e q u i r e d b y C i t y C o u n c i l w i t h A Z - 1 3 - 0 0 5 : 1. D i r e c t a c c e s s t o W . C h i n d e n B o u l e v a r d a n d N . M e r i di a n R o a d i s p r o h i b i t e d i n a c c o r d w i t h U D C 1 1 - 3 A - 3 an d 1 1 - 3 H - 4 B . 2. A m i n i m u m 3 5 - f o o t w i d e s t r e e t b u f f e r i s r e q u i r e d al o n g W . C h i n d e n B o u l e v a r d , a n e n t r y w a y c o r r i d o r , o n t h e C - C a n d T N - C z o n e d p r o p e r t i e s a n d s h a l l b e la n d s c a p e d i n a c c o r d w i t h t h e s t a n d a r d s l i s t e d i n U DC 1 1 - 3 B - 7 C . 3. A 1 0 - f o o t w i d e m u l t i - u s e p a t h w a y s h a l l b e p r o v i d e d w i t h i n t h e s t r e e t b u f f e r s a l o n g W . C h i n d e n B o u l e v a rd , a l o n g t h e w e s t s i d e o f N . M e r i d i a n R o a d , a n d al o n g t h e n o r t h s i d e o f W . D i r e c t o r S t r e e t w i t h i n a pu b l i c u s e e a s e m e n t i n a c c o r d w i t h U D C 1 1 - 3 H - 4 C . 4 . Th e p u b l i c u s e e a s e m e n t s h a l l b e s u b m i t t e d t o t h e Ci t y , a p p r o v e d b y C i t y C o u n c i l a n d r e c o r d e d p r i o r t o i s s u a n c e o f a n y C e r t i f i c a t e o f Z o n i n g C o m p l i a n c e or , a p p r o v a l o f a n y s u b s e q u e n t l a n d u s e a p p l i c a t i o n fo r t h e C - C a n d T N - C z o n e d p r o p e r t i e s . 4. R i g h t - o f - w a y ( R O W ) s h a l l b e d e d i c a t e d i n t h e a m o u nt r e q u i r e d b y t h e I d a h o T r a n s p o r t a t i o n D e p a r t m e n t fo r t h e e x p a n s i o n o f W . C h i n d e n B o u l e v a r d w i t h de v e l o p m e n t o f t h e C - C a n d T N - C z o n e d p r o p e r t i e s a d ja c e n t t o C h i n d e n B o u l e v a r d . In c l u d e t h e f o l l o w i n g a d d i t i o n a l p r o v i s i o n s i n t h e am e n d e d d e v e l o p m e n t a g r e e m e n t , a s r e c o m m e n d e d b y s t af f : 5. T h e p r o p e r t y s h a l l b e s u b d i v i d e d p r i o r t o s u b m i t t al o f a C e r t i f i c a t e o f Z o n i n g C o m p l i a n c e a p p l i c a t i o n o r i s s u a n c e o f a b u i l d i n g p e r m i t ( a s a p p l i c a b l e ) for any de v e l o p m e n t o n t h e s i t e . 6. O n l y o n e a c c e s s v i a N . F o x R u n W a y , a c o l l e c t o r s tr e e t , i s a l l o w e d f o r t h e p r o p e r t y a t t h e s o u t h e a s t c o r n e r o f W . C h i n d e n B l v d . a n d N . F o x R u n W a y , n o r th of W . D i r e c t o r S t r e e t . 7. D e v e l o p m e n t o f t h e p r o p e r t y a t t h e s o u t h e a s t c o r n er o f W . C h i n d e n B l v d . a n d N . F o x R u n W a y w h e r e t h e a s s i s t e d l i v i n g f a c i l i t y i s p r o p o s e d s h a l l b e ge n e r a l l y c o n s i s t e n t w i t h t h e c o n c e p t p l a n s h o w n i n E x h i b i t A . 4 . 8. A m o d i f i c a t i o n o f t h e d e v e l o p m e n t a g r e e m e n t i s r e qu i r e d t o i n c l u d e a c o n c e p t u a l d e v e l o p m e n t p l a n f o r t h e T N - C a n d C - C z o n e d p r o p e r t y l o c a t e d a t t h e so u t h w e s t c o r n e r o f W . C h i n d e n B l v d . a n d N . M e r i d i a n R o a d a n d a t t h e s o u t h w e s t c o r n e r o f W . C h i n d e n B l vd . a n d N . F o x R u n W a y p r i o r t o s u b m i t t a l o f a Ce r t i f i c a t e o f Z o n i n g C o m p l i a n c e a p p l i c a t i o n ( i f r e qu i r e d ) or is s u a n c e o f a n y b u i l d i n g p e r m i t s . 9. T h e c o n c e p t p l a n ( s ) s h o u l d i n c l u d e a s i t e p l a n s h ow i n g a c c e s s a n d c i r c u l a t i o n ; a m i x o f a t l e a s t 3 l an d u s e t y p e s ; a n d r e s i d e n t i a l d e n s i t i e s r a n g i n g f r om 6 to 15 u n i t s / a c r e i n t h e M U - C d e s i g n a t e d a r e a a n d 3 t o 8 u n i t s / a c r e i n t h e M D R d e s i g n a t e d a r e a a s r e q u i r e d i n t h e C o m p r e h e n s i v e P l a n ( p g s . 2 7 - 2 8 a n d p g . 20 r e s p e c t i v e l y ) . Co n c e p t u a l D e v e l o p m e n t P l a n C- C C- C TN - C R1 W D i r e c t o r S t W H e s t o n D r N B o o t h A v e N K e a t o n A v e N M i t c h u m A v e N P e p p a r d A v e m i l l e A v e N C h a n n i n g W a y W D i r e c t o r S t W H e s t o n D r o t h A v e W C a i n e S t e ve ve e A v e N C h a n n i n g W a y MU - C MD R Zo n i n g : FL U M : It e m # 6 B : D e c a t u r E s t a t e s Su b d i v i s i o n N o . 1 – F i n a l P l a t It e m # 6 B : D e c a t u r E s t a t e s S u b d i v i s i o n N o . 1 Final Plat Pr e l i m i n a r y P l a t Meridian City Council Meeting DATE: November 23,2015 ITEM NUMBER: PROJECT NUMBER: (H-2015-0022) ITEM TITLE: Public Hearing for Paramount Subdivision Request: Modification to the Development Agreement (Inst. #103137116, Amended as Inst. #113083665) for Paramount Subdivision to Include a Conceptual Development Plan for the Subject Property 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 1 2 3 4 5 6 7 8 9 QUESTIONS and DISCUSSION Paramount NE Conceptual Development Plan August 2015 10 11 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE November 24, 2015 ITEM # 6A1 Project Number: H-2015-0022 Project Name: Paramount Subdivision (MDA) PLEASE PRINT NAME FOR AGAINST NEUTRAL] vit-un -D6v('(- v 1' 4_A;L== l< l_ CITY CLEERKS OF RCE: Meridian City Council Meeting DATE: November 23,2015 ITEM NUMBER: 6B PROJECT NUMBER: (H-2015-0027) ITEM TITLE: Final Plat for Decatur Estates Subdivision No.1 Request: Final Plat Approval Consisting of Thirty -Five (35) Building Lots and Nine (9) Common Lots on 15.17 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: November 23,2015 ITEM NUMBER: 7A PROJECT NUMBER: Department Reports ITEM TITLE: Acceptance of Ada County's Canvass of the Votes for the November 3, 2015 Meridian City Election 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: November 23,2015 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Legal Department: Ordinance Legal Department: Ordinance No. : An Ordinance of the City of Meridian Repealing and Replace Title 1, Chapter 15 Discrimination Prohibited of the Meridian City Code; Providing a Waiver of the Reading Rules; and Providing an Effective Date. MEETING NOTES e?� �� �#j Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 1, CHAPTER 15 OF THE MERIDIAN CITY CODE, PROHIBITING DISCRIMINATION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian seeks to provide an environment in which all persons are afforded equal opportunities for employment, and to that end has determined that, in addition to the existing protections enumerated by law, discrimination on the basis of sexual orientation and gender identity should be addressed by the City's nondiscrimination policy; WHEREAS, the City Council finds that the contributions of all citizens are essential to our community's growth, vitality, and prosperity, and discrimination in the workplace on the basis of sexual orientation or gender identity is detrimental to such social and economic progress; WHEREAS, it is hereby declared to be the policy of the City of Meridian to foster the employment of individuals in accordance with their abilities, and proactively avoid sexual orientation and gender identity discrimination in the employment context; and WHEREAS, the prohibitions against discriminatory acts as established in this ordinance are intended to supplement state and federal civil rights law prohibiting discrimination in the employment context, as provided under state or federal law, including, without limitation, race, color, religious creed, ancestry, age, sex, national origin, and/or disability; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 15 is repealed and replaced to read as follows: Chapter 15 DISCRIMINATION PROHIBITED 1-15-1: NONDISCRIMINATION ON BASIS OF GENDER IDENTITY OR SEXUAL ORIENTATION: A. Purpose and Declaration of Policy: It is hereby declared to be the policy of the City of Meridian that, in addition to civil rights protections afforded by state and federal anti -discrimination laws: 1. Every prospective or current City employee should experience equal employment opportunity and workplace rights, irrespective of his or her sexual orientation or gender identity; and 2. Every individual in our community should have the equal opportunity to enjoy City -sponsored programming, irrespective of his or her sexual orientation or gender identity. This ordinance shall be construed and applied in a manner consistent with First Amendment jurisprudence, including that regarding the freedoms of speech, association, and exercise of religion. MERIDIAN CITY CODE TITLE 1, CHAPTER 15 - DISCRIMINATION PROHIBITED PAGE 1 OF 3 B. Definitions: As used in this chapter, the following definitions shall apply: 1. Discriminate: Any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial or other differentiation in the treatment of a person. 2. Gender identity: A person's sense or expression as male or female, regardless of biological sex at birth. 3. Sexual orientation: A person's actual or perceived homosexuality, heterosexuality and/or bisexuality. C. City of Meridian Employment: In addition to protections already afforded by federal and state law, with regard to current or future hiring, termination, compensation, transfer, promotion, or discipline, the City of Meridian shall not discriminate against any qualified person or employee on the basis of such person or employee's gender identity or sexual orientation. This provision shall not be interpreted to require, to grant, or to accord any preferential treatment to any person because of that person's gender identity or sexual orientation. D. City -Sponsored Programs, Events, and Activities: In addition to protections already afforded by federal and state law, with regard to participation in and benefits of any City sponsored program, event, facility, or activity, the City of Meridian shall not discriminate against any qualified person on the basis of such person's gender identity or sexual orientation. This provision shall not be interpreted to require, to grant, or to accord any preferential treatment to any person because of that person's gender identity or sexual orientation. 1-15-2: NONDISCRIMINATION ON BASIS OF DISABILITY: A. Accessibility to City Programs: It is the policy of the City that all programs and activities shall be accessible to, and usable by, qualified persons with disabilities. B. Evaluation of City Programs: The City shall undertake an evaluation, conducted in consultation with citizen groups involving persons with disabilities, of its programs, policies, procedures and facilities in order to determine those areas where discrimination on the basis of disability may occur. C. Revisions and Modifications: The City shall, upon completion of said evaluation, make such revisions, modifications, or other changes so as to fully comply with the letter and intent of section 504 of the Rehabilitation Act of 1973. D. Transition Plan: Further, the City shall, where building modifications are required, develop and implement a transition plan for the timely elimination of structural barriers to citizens with disabilities. 1-15-3: FAIR HOUSING: A. City Assistance; File Complaint: With available resources, the City will assist all persons who feel they have been discriminated against because of race, color, religion, sex, national origin, disability, or familial status to seek equity under Federal and State laws by filing a complaint with MERIDIAN CITY CODE TrrLE 1, CHAPTER 15 -.DISCRIMINATION PROHIBITED PAGE 2 OF 3 the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division. B. Publicize Notice to Real Estate Owner and Developers: The City shall publicize this Section and through this publicity shall cause owners of real estate, developers and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law and amendments and any applicable state or local laws or ordinances. C. Implementation of Program: Said programs will at a minimum include, but not be limited to: 1. Printing and publicizing of this policy and other applicable fair housing information through local media and community contacts; 2. Distribution of posters, flyers and any other means which will bring to the attention of those affected, the knowledge of their respective responsibilities and rights concerning equal opportunity in housing; 3. Prepare an analysis of impediments to fair housing choice and actions to mitigate such impediments. Section 2. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. 2015. PASSED by the City Council of the City of Meridian, Idaho, this day of November, APPROVED by the Mayor of the City of Meridian, Idaho, this day of November, 2015. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk MERIDIAN CITY CODE TITLE 1, CHAPTER 15 - DISCRIMINATION PROHIBITED PAGE 3 OF 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 15 - AN ORDINANCE REPEALING AND REPLACING TITLE 1, CHAPTER 15 OF THE MERIDIAN CITY CODE, PROHIBITING DISCRIMINATION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 15 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 15- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50- 901A (3). DATED this day of November, 2015. William. L.M. Nary City Attorney MERIDIAN CITY CODE TITLE 1, CHAPTER 15- DISCRIMINATION PROHIBITED - ORDINANCE SUMMARY CITY OF MERIDIAN ORDINANCE NO. CITY CLERKS OF BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 1, CHAPTER 15, SECTIONS 1-3 OF THE MERIDIAN CITY CODE, REGARDING ADMINISTRATION, DISCRIMINATION PROHIBITED; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian seeks to nurture a culture in which all persons are afforded equal opportunities for employment, and to that end has determined that, in addition to the existing protections enumerated by law, discrimination on the basis of sexual orientation and gender identity/expression should be addressed by the City's nondiscrimination policy; WHEREAS, the City Council finds that the contributions of all citizens are essential to our community's growth, vitality, and prosperity, and discrimination in the workplace on the basis of sexual orientation or gender identity is detrimental to such social and economic progress; WHEREAS, it is hereby declared to be the policy of the City of Meridian to foster the employment of individuals in accordance with their abilities, and proactively avoid sexual orientation and gender identity discrimination in the employment context; WHEREAS, the prohibitions against discriminatory acts as established in this ordinance are intended to supplement state and federal civil rights law prohibiting discrimination in the employment context, as provided under state or federal law, including, without limitation, race, color, religious creed, ancestry, age, sex, national origin, and/or disability; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 15, Section 1 is repealed and replaced to read as follows: TITLE 1 ADMINISTRATION Chapter 15 DISCRIMINATION PROHIBITED 1-15-1: NONDISCRIMINATION ON BASIS OF GENDER IDENTITY OR SEXUAL ORIENTATION: A. Purpose and Declaration of Policy: It is hereby declared to be the policy of the City of Meridian that, in addition to civil rights protections afforded by state and federal anti- discrimination laws: 1. Every prospective or current City employee should experience equal employment opportunity and workplace rights, irrespective of his or her sexual orientation or gender identity; and 2. Every individual in our community should have the equal opportunity to enjoy City - sponsored programming, irrespective of his or her sexual orientation or gender identity. This ordinance shall be construed and applied in a manner consistent with First Amendment jurisprudence, including that regarding the freedoms of speech, association, and exercise of religion. B. Definitions: As used in this chapter, the following definitions shall apply: 1. Discriminate: Any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial or other differentiation in the treatment of a person. 2. Gender identity: A person's sense or expression as male or female, regardless of biological sex at birth. 3. Sexual orientation: A person's actual or perceived homosexuality, heterosexuality and/or bisexuality. C. City of Meridian Employment: In addition to protections already afforded by federal and state law, with regard to current or future hiring, termination, compensation, transfer, promotion, or discipline, the City of Meridian shall not discriminate against any qualified person or employee on the basis of such person or employee's gender identity or sexual orientation. This provision shall not be interpreted to require, to grant, or to accord any preferential treatment to any person because of that person's gender identity or sexual orientation. D. City -Sponsored Programs, Events, and Activities: In addition to protections already afforded by federal and state law, with regard to participation in and benefits of any City sponsored program, event, facility, or activity, the City of Meridian shall not discriminate against any qualified person on the basis of such person's gender identity or sexual orientation. This provision shall not be interpreted to require, to grant, or to accord any preferential treatment to any person because of that person's gender identity or sexual orientation. 1-15-2: NONDISCRIMINATION ON BASIS OF DISABILITY: A. Accessibility to City Programs: It is the policy of the City that all programs and activities shall be accessible to, and usable by, qualified persons with disabilities. B. Evaluation of City Programs: The City shall undertake an evaluation, conducted in consultation with citizen groups involving persons with disabilities, of its programs, policies, procedures and facilities in order to determine those areas where discrimination on the basis of disability may occur. C. Revisions and Modifications: The City shall, upon completion of said evaluation, make such revisions, modifications, or other changes so as to fully comply with the letter and intent of section 504 of the Rehabilitation Act of 1973. D. Transition Plan: Further, the City shall, where building modifications are required, develop and implement a transition plan for the timely elimination of structural barriers to citizens with disabilities. 1-15-3: FAIR HOUSING: A. City Assistance; File Complaint: With available resources, the City will assist all persons who feel they have been discriminated against because of race, color, religion, sex, national origin, disability, or familial status to seek equity under Federal and State laws by filing a complaint with the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division. B. Publicize Notice to Real Estate Owner and Developers: The City shall publicize this Section and through this publicity shall cause owners of real estate, developers and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law and amendments and any applicable state or local laws or ordinances. C. Implementation of Program: Said programs will at a minimum include, but not be limited to: 1. Printing and publicizing of this policy and other applicable fair housing information through local media and community contacts; 2. Distribution of posters, flyers and any other means which will bring to the attention of those affected, the knowledge of their respective responsibilities and rights concerning equal opportunity in housing; 3. Prepare an analysis of impediments to fair housing choice and actions to mitigate such impediments. Meridian City Council Meeting DATE: November 23,2015 ITEM NUMBER: PROJECT NUMBER: Future Meeting Topics ITEM TITLE: Executive Session Per Idaho State Code 67-2345 Executive Session Per Idaho State Code 67-2345 (1)(d)(f): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation 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