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2017-02-28Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Minutes of February 7, 2017 Approve Minutes of February 7, 2017 City Council Regular Meeting MEETING NOTES uw"" APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council February 7, 2017 A meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, February 7, 2017, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Luke Cavener, Ty Palmer and Anne Little Roberts. Members Absent: Genesis Milam. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Caleb Hood, Josh Beach, Warren Stewart, Clint Dolsby, Tracy Basterrechea, Mark Niemeyer, Mike Barton, Keith Watts and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X_ Keith Bird _____ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: Well, I would like to welcome all of you to our City Council meeting. It's always nice to have people join us for our meeting. So, thank you for being here. For the record it is Tuesday, February 7th. It's two minutes after 6:00. We will start with roll call attendance, Mr. 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 David Duron with Meridian First Baptist Church De Weerd: I was just making sure I didn't see him, but we don't see our member for Item No. 3. Item 4: Adoption of the Agenda De Weerd: So, we will move to Item No. 4. Bird: Madam Mayor? Meridian City Council February 7, 2017 Page 2 of 89 De Weerd: Mr. Bird. Bird: On the agenda we have -- everything stays in order. Item 10-A the ordinance number is 17-1721. Item B ordinance number is 17-1722. Item C ordinance number is 17-1723. And we need -- on Item 12 we need to add to the Executive Session item (1)(f) to go along with this (d). With that I move we approve the amended agenda. Borton: Second. De Weerd: So, on the Executive Session we have -- Bird: (d) and (f). De Weerd: -- 74-206(1)(f) and 74-206(1)(d). Correct? Bird: Yes. De Weerd: Okay. I have a motion and a second. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of January 17, 2017 City Council Regular Meeting B. Approve Minutes of January 24, 2017 City Council Regular Meeting C. Findings of Fact, Conclusions of Law for Approval for Firenze Plaza (H-2016-0102) by Sharryn Ann Clark and David L Clark Located at the Northwest Corner of East Amity Road and South Eagle Road D. Findings of Fact, Conclusions of Law for Approval for Borough Subdivision (H-2016-0135) by Scott Noriyuki, Northside Management Located 1288 E. Everest Street E. Development Agreement for Black Cat and Chinden (H-2016-0120) with Pine Street, LLC., located at 6280 N. Black Cat Road, in the NW 1/4 of Section 27, Township 4N., Range 1W Meridian City Council February 7, 2017 Page 3 of 89 F. Development Agreement for Movado Estates (AZ, PP H-2016-0112) with C4 Land, LLC (Owner) and DevCo, LLC (Developer) located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road, in the NE ¼ of Section 21, Township 3 North, Range 1 East (Parcel S1121131500 and S1121141800) G. Modified Development Agreement for Laurel's Townhouses (H-2016-0065) with Northside Management (Developer) and Corey Barton (Owner) located at 2116 S. Accolade Avenue in the northeast ¼ of Section 20, Township 3 North, Range 1 East H. Final Plat for Laurel’s Townhomes (H-2016-0136) by Scott Noriyuki, Northside Management Located 2116 S. Accolade Avenue I. Development Agreement for Linder Road Apartments (H-2016-0111) with S3 Investments, LP located at 1770 N. Linder Road, in the northwest 1/4 of Section 24, Township 3N, Range 1 West (Parcel#: S1224223550) J. Final Plat for Baraya Subdivision No. 2 (H-2017-0002) by Schultz Development, LLC Located 3935 W. Franklin Road K. Final Plat Modification for Shallow Creek (H-2017-0003) by A Team Land Consultants Located Southeast Corner of S. Locust Grove Road and E. Franklin Road L. Olivetree at Spurwing Sanitary Sewer Easement between the City of Meridian and Spurwing Corporation M. Contract for an Easement and Sanitary Sewer Easement from Redtail Communities for Black Cat trunk at Meridian and Victory N. Budget Amendment for FY2017 Grant Carryforward for a Not-to-Exceed Amount of $445,422 O. Budget Amendment for FY2017 Annual Carryforward for a Not-to-Exceed Amount of $14,219,586 P. Approval of Award of Bid and Agreement to GRANITE EXCAVATION, INC. for the “EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT” Meridian City Council February 7, 2017 Page 4 of 89 project for a Not-To-Exceed amount of $425,318.52 Q. Agreement for Professional Services between the City of Meridian and Elite Extrication & Equipment for Maintenance on Fire Department TNT Extrication Equipment R. License Agreement Between the Nampa-Meridian Irrigation District and the City of Meridian Regarding a Multi-Use Pathway Along Five Mile Creek as Part of the Silverstone Roadway Extension S. Irrigation Crossing Agreement with Bureau of Reclamation at the Carlson and Farr Laterals for the South Meridian Sewer Extension De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is nothing further from Council, Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Community Items/Presentations A. Mayor’s Youth Advisory Council Update Meridian City Council February 7, 2017 Page 5 of 89 De Weerd: And I don't see our youth council member here. And so not to say none of you look young enough to be a youth council member, but -- there is a young man in the very back that does. He looks a little too young, though. B. 2017 Storm Event Update / After Action Report De Weerd: We will go ahead and skip to Item 7 -B and ask Chief Niemeyer to present the storm event update. Niemeyer: Madam Mayor, Members of Council, thank you. This is the after action to the storm event that we had here in Meridian. We wanted to provide you with some information and also recognize some folks that we feel should be recognized. I'm going to try and work this through. Hey, there we go. S o, just an overview of the timeline of events. On January 6th the City of Meridian did declare a state of emergency specific to the record snowfall that we were all experiencing. During that weekend of the 7th and 8th immediately following that the initial emergency management team begin work to prepare a plan that could be enacted Monday morning when we all got back to work to meet the objectives that the Mayor had outlined as far as what needs to be mitigated. On January 10th we did implement a full incident management team. Set up a city coordination center. That was up in the fire department administration where we had two rooms working with staff on the daily planning events. Just an overview. 10:00 o'clock every morning we conducted a planning meeting in which we establish the priorities for the next day, the workload that was going to be done, and that included a phone call and conference call to Tim Nicholson, who was our point of contact with ACHD. I'm going to recognize him a little bit later, but I will say this: His interaction with our city and the involvement with our city was second to none and the updates that we were getting from him helped us as we planned the specific events that our staff were going to be involved with and our contractors were going to be involved with. So, I'm going to recognize him here in just a little bit. Also at 2:00 o'clock we did another briefing meeting. We expanded what's called the incident command system where we had very specific objectives and assignments that were given out to key staff members. So, in that planning meeting those folks that were responsible for overseeing that work were given their assignments and the talks that were going to be completed the following day. So, that occurred every -- every day at 2:00 o'clock. The priorities that we had as a group that were identified by the Mayor under the state of emergency declaration was to establish some clear priority pathways and sidewalks. We focused our efforts there around school walk zones. So, we worked in conjunction with the school district to identify where those sidewalks and pathways needed to be cleared to make sure we could get kids to school once they were finally able to get back to school . Coordinate with ACHD to establish clear roadways. Identify priority storm drains and clear if needed. Develop and implement a sandbag distribution plan. Monitor snow loads on buildings and establish a single communication to the public regarding the events and what the work was that the city was involved in. So, an overview of what got Meridian City Council February 7, 2017 Page 6 of 89 done. On our roadways and our roadway division we did contract crews and, then, under the direction and the guidance from ACHD we focused plowing and snow removal in cul-de-sacs. That was an area where ACHD was not able to get to. It's an area that our citizens were concerned about. They weren't able to get out of those cul-de-sacs to get to work, to go seek medical attention if they needed to, and so that's where are contracted work was focused on regarding the roadways. We also used those contractors to assist in what's our priority one and priority two hotline calls and I will get to that here briefly. As far as our storms drains, we worked with Dale Bolthouse and the wastewater treatment plant to monitor the storm drain flooding as we started to see warmer temperatures and that runoff started to occur -- on January 12th we did conduct an all-day exercise to clear priority storm drains away from those manhole covers that, then, lead to our wastewater treatment plant. That -- that exercise involved the Police Department, the Fire Department, Parks Department, Water Department and wastewater treatment plant employees. I think I mentioned this to you the last time I was before you, but in talking to Scott Colaianni we were trying to reminisce about a time in which we have had so many departments and so many employees involved in one singular focus to go out and mitigate something and it was -- it was truly amazing to see everybody come together very quickly to make sure those storms were clear. In our pathways and sidewalks, I can tell you we cleared approximately 71 miles of priority pathways and sidewalks in the work that was done during the time of the state of emergency and, then, sandbags, we did work with ACHD, they went out and brought us sand. We dumped that over at the Public Safety Training Center and, then, we worked with Ada County Emergency Management to get sandbags out here. So, we opened up that sandbag to the public and that was used quite heavily by the public as they needed sandbags for either the flooding of their homes or their property. An example of the maps that we were using to help coordinate the daily activities, this is a map of the sidewalks. You can see the areas in green are the sidewalks that we got done. As we went out and rolled out our daily operations we would identify in red the sidewalks that need to be done for that next day's operational period. So, we had a good visual for the crews that were working of what needed to be done. We also had a really good visual of the work that we were able to get done . This was beneficial if we had somebody say our sidewalk hasn't been cleared, we could verify it on the map whether or not it had. And, again, from a planning standpoint these maps became very beneficial to us. This is another map -- as we were looking at priority storm drains, working with Dale and his staff on where we need to focus our efforts, the initial focus if things did get worse was going to be on the primary trunk systems, I believe, and I could get this wrong, I believe it was the 14 inch and 18 inch trunk systems that would deliver the most floodwater to the wastewater treatment plant. We were able to identify those storm drain routes and, then, where the storm drains were. So, if we had to send out additional crews to clear them we knew exactly where we wanted to send them. Another thing that we recognized early on was to try and establish a single point of communication. Prior to setting up our hotline and our e-mail system for the Meridian City Council February 7, 2017 Page 7 of 89 storm, as you can imagine we had messaging through Facebook , we had messaging through NextDoor. Messaging through phone calls to the Mayor's office. And once we established this single point of contact to the hotline folks were able to get the information they needed and also have a way to get a hold of us and so the message stayed clear. We did have, during that roughly ten days of activity on the hotline , 400 either e-mails or phone calls that came into the hotline or the e-mail system. Out of that we had 20 priority ones. The priority one for us was an immediate threat to life safety. So, we had folks that had to get to doctor's appointments, surgeries. Home healthcare had to get into their home and they were blocked in. And so those were our priority ones that we got taken care of right away. A priority two we had four of them and that was an immediate threat of flooding and so we would go out and assess that to make sure that if we need to clear the storm drain for them we could. Our priority threes were an immediate threat to critical infrastructure. We know that hospitals, clinics, grocery stores during a time of disaster are places were people need to go and so we had six of those that we went out and took care of and, then, we had 370 priority fours and our priority fours were, basically, all other inquiries or concerns. So, you can see the majority of them were -- I have snow in front of my house or I have snow in front of my driveway and that was a lot of people in Meridian and Ada County and so we were able to mitigate some of those. As I mentioned, we did communicate through Facebook, through NextDoor. We set up a very specific storm website, meridiancity.org/storm and is where Kaycee was updating all the information, so it was consistent to the public. We did do press releases. We did do messaging on the storm hotline. So, it was not only a place for people to go to voice their concern, we actually provided them an update on what we were doing that day as far as our work in Meridian and, then, the media stories and interviews regarding our response to the event, Kaycee coordinated that. All right. I need some help. So, finances. An overview of the finances. Council initially approved, as you recall, 25,000 dollars that was increased by 50,000 to a 75,000 dollar allocation on the initial efforts that we had. We did a presentation to you as Council when you allocated up to 200,000 dollars to mitigate the events going on within Meridian. Our expenses to date that we have collected as far as invoices -- and we anticipate there is probably still a couple coming in -- are about 126,797 dollars and the breakdown on that is our labor overtime costs to mitigate was 17,000. Our contracted services was about 67,600. Our equipment rental that used -- we used a lot of that equipment rental on the sidewalks to remove the snow -- was 11,800. Two hundred thirty-seven dollars. We had two nights where we made employees stay late to get the job done. We covered their meals for that. And, then, some miscellaneous equipment, repairs, et cetera, was about 29,696. So, where are we at today? As far as the Ada county state of emergency, I mentioned that to you last time and there has been some e-mails going back and forth. I learned today that the state has approved Ada county's request as far as their disaster declaration. That does make Meridian eligible for some expenses potentially as far as reimbursement goes from the state itself. On the FEMA side, the state has still not declared to FEMA requesting a presidential declaration . They are Meridian City Council February 7, 2017 Page 8 of 89 meeting with FEMA representatives tomorrow. They have asked us as cities and districts in Ada county to provide them some more information. We are in the process of doing that. So, at this point there is no presidential declaration for Idaho, but it is being discussed by the state. Just to give you a brief idea on -- on the FEMA declaration piece, to be eligible for a FEMA declaration we have to have sustained statewide 2.2 million dollars in damages. That's damage done specific to governmental buildings and/or uninsured and so with a lot of folks that had their homes go down and barns go down, most of them were insured. So, that is not a part of the calculation. However, statewide we did reach that 2.2 million dollar threshold for either damage to government buildings or uninsured damage to homeowners or residential owners or commercial owners. The other thing under FEMA -- this falls under what's considered snow removal for FEMA. They only cover a 48 hour period of reimbursement for snow removal. This is much different than you would see in the instance of an earthquake or a tornado where they cover much longer as far as reimbursement of damage. So, those are some limitations that we have with the FEMA declaration if we do get it. So, as far as the after-action, we sat down as a team, once this wound down, and said what did we do well and what do we need to continue to focus on to improve in case this happens again. One thing I want to stress is that I think as Council you should be very proud of the team that came together very quickly without any prior training with one another. When we assembled that command team and also the folks that were out there doing the work, a lot of us haven't done these things together and everybody jumped right in and got the job done . So, with that we mobilized and accomplished a lot very quickly. I would say that we in Meridian, as well as in Ada county were very fortunate with this event. I can't stress that enough. While this was a local disaster, it was mainly a disaster of significant inconvenience. Snow accumulations blocked driveways -- it was a big-time inconvenience. However, for those of us that kind of live in this emergency world every day, our concern -- we started building contingency plans for it -- imagine if you had a 24 hour power outage on top of that inconvenience. That now is posing a significant life safety issue. Or imagine that we did have a building collapse, much like what you saw in Washington County, the Weiser area, and a building coming in on a lot of folks. So, we were literally one more layer away from a very significant event that would have challenged us even more. And on the school specific site as far as an after-action, I think you're all aware of this, there is a question about sidewalks and who cleans them and who maintains them and that's certainly a question that we need to work with our partners on. We saw the recent opinion from the AG and while it is just an opinion, it's out there anyway. And so I think moving f orward that is a question that will need to be answered as we go into next winter. Hopefully not to the level or degree that we did this year, but you never know what we are going to see in the future. As far as city specific moving forward, we did identify that we can do a little bit more disaster training. This was by far -- I have been in the county 20 years. I have been a part of emergency management for a very long time. This was by far the biggest event that tested us, both locally and statewide. We have not seen an incident on this scale that affected so many communities Meridian City Council February 7, 2017 Page 9 of 89 across the state. So, that did bring to light -- we do need to not be complacent on this. We need to stay vigilant on the training so we are always prepared in case this does happen and I can tell you in our -- in our risk mitigation as we have looked at this countywide and the things that we all felt would be of significance to this valley, large accumulations of snow was not on the list. Earthquakes are. Flooding is. Significant wind events are. But none of us thought snow was going to be the one thing that opened our eyes to stay vigilant in our training and our preparedness. One of the things we struggled with was identifying a structural engineer. We did have a snow load division set up to monitor the snow loads on the buildings that we had here in Meridian. We know what the square footage building codes are here. It's 25 pounds per square foot. We were very concerned with the heavy accumulation of snow we were going to start to see roof collapse. Trying to find a structural engineer became very difficult and so that was a challenge for us here in the city that we put in our after - action. Structural engineers are going to be very critical if we ever do have an earthquake, because you will need those folks out there identifying which buildings are safe to go back into and which ones are n't. Develop a state of emergency policy. I think that's very important moving forward that we work through that and identify that. When the Mayor declared a state of emergency a lot of folks said, okay, what does that mean? What do I need to do in my department to make that happen? And so I think developing that policy will be very good moving forward. Establishing a hotline sooner. That hotline was -- did wonders. I know Kaycee and the Mayor were very appreciative of the hotline, because it gave folks a centralized place to go and so if we -- if we have this issue or something similar happen again, getting that hotline set up sooner would be well advised. De Weerd: Chief, I would just add to that. We had citizens calling every single department and reaching out on every single form of social media we have and all of that. So, this -- this hotline really established that single point of contact that people could send the caller to, we could record the information, and -- and I can tell you it was a time saver to each of the staff members, but also it gave great data to our incident command and it gave information to the citizen, because every single day they had an updated message as to what efforts were being planned, what was underway, and anything else they needed to know that had been identified by the incident command. So, in essence, that helped kind of manage expectations of our citizens as well. So, it was very effective. Niemeyer: And along with that, very similar to the hotline is establishing that a common response from all city departments, the Mayor's office, so that you don't have mixed communications out to the public. We have seen this happen very effectively in the wildland setting. When you have a big wildland fire you have a central PIO. You have Town Hall meetings. You have hotlines and you have a website. So, the message is always the same no matter who it's coming from. So, certainly that's a good after-action for us as well. One of the things we learned is get GIS involved sooner. I think all of us are still learning the Meridian City Council February 7, 2017 Page 10 of 89 capabilities of GIS and what that can do for you in a planning situation and once we got Matt Hoffman involved from IT where we could start mapping those sidewalks that have been cleared, start identifying the storm drains in a map layer -- it was very easy to hand somebody a map on the workers' side and say here is the area you need to focus on. Here is specifically where you need to focus on. So, getting GIS involved sooner when we do have a disaster or a near- disaster is very important and I think we need to continue working with the schools to identify those priority pathways and sidewalks. Again, we did work with the school district, but I don't know that they were prepared to give us that answer and so we -- in some cases we kind of determined where the priorities were for the city, but I think we need to continue working with the schools . And, then, improving the messaging regarding public roads and private road. I know Tim's probably going to smile at this one. We had a lot of phone calls saying I haven't seen the plow yet and we simply started asking the question what color is your street sign. Is it green or is it blue? If it's blue it's a private drive, so it's the responsibility of that neighborhood association, that development, whatever that that blue sign is, that's not a public roadway and so telling folks you're not going to see probably an ACHD plow coming through there, while it wasn't easy to tell them -- those folks that, there was a reason why and so that messaging early on I think is very important. I think we also need to continue working to define our role and relationship with Ada County Emergency Management. I think there was some miscommunications there, some missed opportunities for collaboration, and so those roles and responsibilities with -- some of you would recognize this in the past as ACCEM. I know Keith you have been -- Councilman Bird, you have been involved in plenty of that with -- the acronym now is ACEM. It's, essentially, still the same office. It's Doug Hardman's office, and we need to identify those roles and responsibilities. And, then, developing an all hazards resource list to have on hand in case we do have a crisis we have that list or resources we can call upon if we need contracted labor. And, then, lastly, establishing city facilities if we did, as we mentioned, the p ower outage concerned us, because we were getting reports from the National Weather Service of some coming ice and rain and we were very concerned about power lines as a result of that and so having a plan for that by identifying either city facilities and/or schools where we could send people to shelter them in the event that that happened, using the ICS structure and some of the forms within the ICS structure for recordkeeping is very important. As we are seeing with the potential FEMA declaration, those recordkeeping forms become very, very important to FEMA. That's what they want to see. And so we will incorporate that in the future. And, then, also including future disaster emergency management in the new City Council orientation. I talked to a lot of elected officials that we were involved with in communicating some of the stuff going on around the state and one of the challenges is our next disaster may be ten years away and by then we will have new faces on Council, new faces in departments, so incorporating some of that training on the process and what happens when you declare a state of emergency or disaster declaration with the state I think it's a very good idea as well. Meridian City Council February 7, 2017 Page 11 of 89 De Weerd: Well, we hope it is ten years away. Niemeyer: We hope so. So, lastly, I do want to point out some folks that I think we really need to recognize and thank. On the incident management team side, the folks that came together that were working upstairs every day, Mayor Tammy was heavily involved in that, which the priorities that we were working on were the priorities that she wanted to see as far as the city goes. Scott Colaianni came in and helped fill the role of the incident commander, so we rotated days between he and myself and Scott was instrumental. Jaycee Holman and Charlie Butterfield were our planning section piece. They were the ones developing the plans, putting it on paper, and getting that out to folks. And, then, Steve Siddoway, David Jones, Dale Bolthouse, Roger Norberg, Matt Hoffman, Kaycee Emery and Tim Fedrizzi all had a significant role in the work that was being done. With that I also want to say we could not have done that -- no plan is great without folks to do it and so the folks from the parks department, the water department, the wastewater treatment plant, the fire department and the police department all had involvement in mitigating the issues here in Meridian. Lastly -- and I want to -- this is my last slide. So, I do want to bring Tim Nicholson up. Tim, if you would come up and join me. ACHD for us in Meridian was a very good experience. We worked very well together, coordinated efforts together. I think as a city and ACHD we both were under pressure of getting things done and why aren't they being done faster and I understand that. But Tim's cooperation and his involvement -- the phone calls that went back and forth, the e-mails that went back and forth, the text messaging that went back and forth, that level of cooperation for us as a team was a very good experience, very positive experience. So, Tim, if you want to say just a couple words. Put you on the spot. Nicholson: Well, I'd like to echo Chief Niemeyer's sentiments that cooperation between the partner agencies was phenomenal. He and his staff and -- and the group here -- just top notch people to work with. Anytime they had questions for us we were able to answer them. Anytime I had questions for them they were able to answer it. The priority system that Meridian developed in responding to the citizens of -- with your priority one, two, three and four was incredibly valuable for us. We knew that when we got a priority one from the city that that was something that we needed to jump on and we were able to do that and it -- it helped weed out the ones of, you know, yeah, there is some snow at the bottom of my driveway and it -- you know, is it really a priority or not. It really took some pressure off our staff and we are grateful for the effort that the city put forward and the dollars and the commitment that the Council and you, Ms. Mayor, were able to help us through this unnatural event that we had here in the month of January. So, we really appreciate all your help. Thank you. De Weerd: Thank you. Meridian City Council February 7, 2017 Page 12 of 89 Niemeyer: So, that, Madam Mayor and Council, that's the conclusion of our presentation to you. I would certainly stand for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Not a question, Mark. I just -- I think the cooperative between -- the cooperation between Ada County Highway District and the City of Meridian was fantastic. I think all of our employees went far and above the call of duty, especially yours. I think the leadership of Commissioner Woods, Director Wong, and his staff was unreal and I -- no way we could plan for this. I mean we could have trained for 20 years and there is no way you can plan for something like this and the way we took to it -- and I was -- I was very proud of the way our Mayor jumped in right at the start and got things going and the cooperation -- I don't think I have ever seen agencies work so good together and I thank ACHD for what they did and our guys, too. De Weerd: Any other questions or comments from Council? Okay. I do also want to extend my thanks to our Ada County Highway District team and you are partners to us. You maintain and oversee our roads and our sidewalks and -- and I look forward to that conversation. But I know I learned that a cul-de-sac is not necessarily a loop road. It is a road that doesn't connect one road to another major road and I live on a cul-de-sac and I never knew I did. So, the things you learn during these natural disasters. I also had talked to a citizen who was talking about the GIS and we really did learn the importance of the GIS when they were trying to find their storm drain s and they showed ingenuity, because they got onto Google Maps and/or Google Earth and found where that storm water drain was without snow covering it. So, they could see it in their roads. So, it was -- it was pretty awesome not only seeing how the agencies worked together, but also how our citizens worked together. One Sunday church was canceled for many of our places of worship across town and many of those places of worship got together and -- and just fanned out into the neighborhood with their snow shovels and it really showed what a unique area that we live in, because I don't think that is shown in every place . With that said I do have some coins for our ACHD partners. We give these to our -- our employees that show the Meridian Way and we had some of our top customer service employees get together and -- and really develop this program and the coin is to recognize those that show exemplary customer service and I will read you what's on the coin. It is one coin that shows are CARE values of customer service, accountability, respect and excellence and it says providing CARE to a community in a timely, friendly, professional and solution-oriented manner. I can't think of a better definition of the partnership during this major snow event other than that. I know sometimes emotions ran high with -- with those that were calling that really needed help and by working together we did find some solutions and it was Meridian City Council February 7, 2017 Page 13 of 89 responsive and I just want to come and present to you these coins with our thanks. Woods: Thank you very much, Madam Mayor, and Members of the Council. We are truly honored to receive this award I think I would echo all of the assessments that your chief put together and I want to thank you, Councilman Bird, for your comments, too. This was truly a remarkable event and I think what we are doing is we are not wasting any time, we are looking at what we could do better and how we could respond and, you know, I think that's just the character of this community. But it is important to just take a minute to appreciate what took place here over the last 60 days. It was truly remarkable for individuals that never worked together, to come together and do the work that was done and so I think it really is tremendous. I mean there were times individuals in this community were truly afraid and for some legitimate reasons. People with limited ability to obtain healthcare or other necessary services and so, you know, I think everybody didn't lose their cool and we kept our eye on the ball, so to speak, and made sure that we focused on priorities and so now as we go to the assessment of what we could do better, I'm very confident in our staff and the work that our staff did and your staff to come up with some -- some ideas. But we want to make sure we don't forget the sacrifices that were made. We had individuals that worked seven days a week for six to eight weeks in a row and, you know, it was important to us as leaders to be able to have very professional staff, which we are all very fortunate to have and we, ourselves, Mayor de Weerd, you and I were able to communicate on the weekends several times and I know it's not what you had planned. I know it's not what I had planned, but, you know, we were able to do that and be effective and so we really -- really appreciate that. So, as we go forward we have much to discuss. We have spent about 5.6 million dollars so far on snow removal response, compared to a typical year which is 1.8 million. So, it's important policy choices to make and we don't do them in a vacuum, we want to hear from you as we go forward. But, fortunately, our budget hearing is in August -- I think August 27th. So, this may be a distant memory -- at least I hope it is. But thank you very much. We really want to recognize, too, Director Wong, Tim Morgan, Tim Nicholson, they have just done a tremendous job and we really appreciate it. Thank you very much. Bird: Thank you. De Weerd: You, too. Thank you. And, yes, we all learned lessons during this and we look forward to -- to that collaboration. Council, I know that you have had some contact and if you have comments would you, please, share them with the chief and -- and we can collect any of your feedback to also work into the debrief and areas that we can all improve in. So, again, thank you for joining us. We greatly appreciate it and we value our partnership with ACHD. And I think I have said it before to our staff members. They showed exemplary collaboration, leadership. Chief Niemeyer, thank you so much. You -- you have this calm demeanor and even Lieutenant Colaianni does, too. I think you need to not tell Meridian City Council February 7, 2017 Page 14 of 89 him I said that, but it was really -- it was really refreshing and I think built a lot of confidence in -- in the people that we had on the team and to see how you were all working together. I know I have also given Dale a hard time. Talk about wanting to take on an interim acting director position and being thrown into the fire in a number of different ways and I -- I still can recall back -- he was standing in front of you talking about the -- the load that we were treating out at the treatment -- at the treatment plant and I think he walked out the door and -- and got hit with what they were really facing at our wastewater treatment plant . I kind of call it a sewer tsunami, but -- and if it conjures up some really disgusting pictures, I think he might have understated what actually went on. So, this was -- this was something that was happening in all of our departments and we greatly appreciate the -- the heroic actions that many of our employees didn't hesitate to do in performing their jobs. So, heartfelt thanks to all of you. A. Mayor’s Youth Advisory Council Update De Weerd: Yes. And I did see Susannah come in, so we will go back to Item 7-A under our Mayor's Youth Advisory Council update. Thank you, Susannah, for joining us. Bradford: I apologize for being late. I just came straight from work, so -- De Weerd: That's all right. Bradford: My name is Susannah Bradford. I am the vice-chair for MYAC and this is our update for the month of January. We had our legislative breakfast and members of government affairs spoke to local officials here at City Hall about suicide awareness and also promoted our Do The Right movement that is coming up. We had a pretty good turnout there and it was a good experience for our government affairs members. And, then, just last week we had our CPR day at Dutch Bros. We worked with the American Heart Association to teach hands - only CPR at different Dutch Bros locations around the valley and we -- this was also to help support Go Red For Women week and it was a really cool experience to be able to be there and talk to people about CPR. And, then, we had Youth Lobby Day last week, again, with the American Heart Association and we had six MYAC members go down to the capital and spend the day there talking about suicide awareness and working with other youth councils from this area as well, talking to our representatives there. And some upcoming events to keep in mind. We have Ignite Youth on February 27th. So, just in a few weeks. And, then, yesterday we learned about fundraiser opportunities that will be available for us at the Counter and Dickey's and the Counter will be at -- on March 6th and the date for the fundraiser at Dickey's has not been determined yet. Then we have Mad City Money on March 20th and our Do The Right campaign on April 12th, which is a really big event. So, we are hoping to get a lot of awareness about that and get it going. And that's all. Are there any questions? Meridian City Council February 7, 2017 Page 15 of 89 De Weerd: Short and sweet. Council, any questions? Bird: Keep up the great work. Bradford: Thank you. De Weerd: Thank you so much for being here and we always appreciate the updates. Bradford: Thank you. De Weerd: Thank you. We will see you tomorrow. C. FY2016 Audit Report Update De Weerd: Okay. Item 7-C is our audit update. Todd, would you like to introduce Kevin? I think we all know him, but -- Lavoie: I think so. Madam Mayor, Members of Council, again, appreciate the opportunity to present to you the results of the fiscal year 2016 financial audit and I get the joy to give a quick kudo, so I will stand on my soap box for 20 seconds. First kudos I got to give is to Rita Cunningham. She's led this team for years and years. It's another successful audit that she's led the finan ce division in. So, again, huge kudos to her and her team for leading us in the right direction. And, then, we have to give kudos to all the staff members that the city has. Yeah, the Finance Department may ask a lot of you, we may get in a few squabble s, but at the end of the day the hard work that everybody has put in I think -- I'm not going to steal Kevin's thunder, but we had another great audit, so, again, thanks to all the department staff members, thanks to the support from you guys. Again, I won't take his thunder, but Kevin is here to give you the results of the fiscal year 2016 audit. De Weerd: And, Todd, I think before you sit down, you sent out an e-mail with kind of a heads up on the audit findings -- or lack of findings -- the clean audit report -- that you summarized very well the year that -- the transitional year that the Finance Department has had. You and your team have pulled together and stayed focused, even have strengthened many of the different practices and the way we do business here in the city. So, give kudos to the entire team, to your leadership. You stepped in there and didn't miss a beat. So, our thanks to you as well. Lavoie: Thank you very much, Mayor. De Weerd: Welcome. It's always nice seeing you and it's always great to hear that we have a good report ahead. Meridian City Council February 7, 2017 Page 16 of 89 Smith: Thank you, Madam Mayor and Members of the City Council. I'm Kevin Smith, audit partner with Eide Bailly. I'm here to present the results of the audit of the fiscal year September 30th, 2016. And I echo the words that were said by Todd and the one thing I will note also I think in that e -mail he sent was that this was the earliest that we have issued the report. Since we started doing our procedures in January we actually issued the report on January 31st. So, that's a pretty quick turnaround and so a lot of thanks and hard work and dedication from the team here. So, we appreciate the information being ready and available to us. Just a couple things that I will note. First of all, most important, we issued an unmodified or what is referred to as a clean opinion on the financial statements as a whole and keep in mind that is in all material respects. Al so those words are in the report, because we don't test all transactions, but we do use the samples and -- and materiality amounts as we do our testing and we also issue a report on the internal controls and we don't give an opinion on that, but do issue a report that we have looked at internal controls and as part of our process -- audit process we did look at the processes and procedures that are prescribed by -- by City of Meridian and, then, also, you know, how those are being adhered to. So, we take the transactions that, you know, come in and walk those through the system and make sure that all the checks and balances are in place and in good order and we didn't have any comments related to those processes and procedures. A couple things to note in the financial statements themselves. First of all, there was one new pronouncement that -- there were actually two, but one that did have some effect on you and , basically, just disclosure only and it added another page to your financial statement . It seems to add one or two pages every time, but this one was related to your investments and the investments now are required to be reported in the financial statements or in the disclosure at a different level, so there is two different -- or three different levels based on risk of your investments and level one being the least risk and, then, level three being the highest risk and, basically, a level three is an investment that is not observable by you and some of those relate to foreign stock transactions, which you're not permitted to invest in, so -- I mean you have always had, you know, safe investments and all yours are just as level two and that's just because there is an outside company that takes care of those and so they are not observable by management of the -- of the city is the only reason. But those are -- and you can see them disclosed and, basically, most of them in bonds. Also your change in net position was -- was good again this year. You had a significant increase in both your General Fund and your Enterprise Fund, but with that also there are some commitments and most of that fund balance or that net position that has been accumulated over the years is committed for future projects and one you're just subsequent to year-end and it's disclosing back to the financial statements as a subsequent event. There was a significant project that was approved and so the funds have been committed to that -- to that project. Also, you know, we spent some time looking at the budget versus actual and in the back of your financial statement you will also see that there is a revenues exceeded the budget, so you brought in more revenue than was Meridian City Council February 7, 2017 Page 17 of 89 planned and also your expenses were less than budget , which is very good and that's what you -- what you want and some of that is because there is some project -- as specifically this year in Parks and Recreation that were not -- that did not happen that they budgeted for. So, you will see a significant change in that budget to actual. But, other than that, everything is -- is pretty close to what was -- what was planned and with that, you know, in the beginning I did thank, you know, those who participated and helped us -- you know, Todd and Rita specifically, you know, I want to thank them and we appreciate their efforts and, you know, Rita and I have been doing this for a while and we have kind of been in this together for several years and so we appreciate that relationship and what we are able to provide for them and also, you know, during the year we -- I know the audit will start the first of January and we are at the first of February and we have completed. However, you know, there are -- there is a lot of communication during the year and we appreciate that and we welcome that and that's all part of the audit process is they ask questions if there is transactions that they incur that are a little bit different than -- you know, they don't hesitate to call us and we are able to help them with those transactions and we encourage that to continue and so that we know what's going on and if we don't hear from them we are probably going to call them anyway and see how things are going. So, we do appreciate that and we appreciate you and your staff paying attention to the budget and the financial position and the fiscal responsibility that you have and you take it serious. And with that I will open it up to any questions or comments that you may have of me. De Weerd: Thank you, Kevin. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm going to take a little privilege here. One of the two smartest things that Ron Anderson and I ever did when we got on board in '98 was -- the first one is to get Bluekoff I think it was then -- and we got a couple young men by the name of Anderson & Smith to come in and do our budgets -- or our audit and, then, we also got Buffington Mohr and McNeal on to do our investment thing going and Mr. Smith has stayed with us for 20 years. Him and Rita and I have been there since the first day and that first one poor old Rita probably put in a lot of hours and maybe got a few gray hairs from it , but you have always done a great job for us and I appreciate that and I appreciate the staff that we have and they have done a great job and thank you very much for all you've done for 20 years . I appreciate it. De Weerd: Any questions from Council? I would echo what Todd told me that it was a very smooth process. Your -- your team was very easy to work with and like you noted in your comments when you first started , this -- this really has been the quickest time -- or turnaround time that we have gotten a report back in Meridian City Council February 7, 2017 Page 18 of 89 front of Council. So, it seems like our two teams work very well together and we greatly appreciate that. So, thank you. And, please, send our thanks to your team. Smith: I will. Okay. De Weerd: Okay. Thank you. Bird: Thank you very much, Kevin. Item 8: Action Items A. Public Hearing for Tree Farm Subdivision (H-2016-0128) by M3 Companies, LLC Located at 4740 W Chinden Blvd. 1. Request: Rezone of a portion of property from R-2 (10.17 acres), R-8 (33.84 acres) R-15 (.24 acres) to R-4 (44.26 acres) and rezone C-C (.27 acres) and R-15 (154 square feet) to R-8 (.3 acres). 2. Request: Preliminary Plat consisting of 161 building lots and 15 common lots on 61.64 acres of land in a proposed R-4 and R-8 zoning district. De Weerd: Okay. We will go ahead and move into our Action Items. Item 8-A is a public hearing for H-2016-0128. I will open this public hearing with staff comments. Beach: Very good, Madam Mayor. As you said, this is an application named Tree Farm Subdivision. It is an application for both a rezone and for a preliminary plat. The subject property consists of 61.64 acres of land. Zoned R-2, R-8, R-15 and C-C that are located at 4740 West Chinden Boulevard. A little bit of history on this property. In 2006 the subject property was annexed as the Tree Farm and was granted approval with R-2, R-8, R-15, C-N and C-C zoning districts. A development agreement was executed upon annexation of the property. There has been several addendums to the DA. In 2007 a third addendum to the DA was approved and recorded that realigned the zoning district boundaries consistent with the approved preliminary plat. In 2010 a development agreement modification was approved that approved the building elevations and a new concept plan that included a tennis facility as an amenity, the common lot contingent on the platting of the property. The Comprehensive Plan future land use map designation for this property are medium density residential and low density residential. So, as I said, the subject property -- the applicant has requested a rezone. The development agreement associated with the property -- the development and the proposed rezoning is generally Meridian City Council February 7, 2017 Page 19 of 89 consistent with the concept plan that was approved with the Tree Farm annexation and is generally consistent with the city's Comprehensive Plan. As part of this application staff is requiring that the applicant enter into a new development agreement for the property and be required to construct one of two off-site street improvements. Staff had required that they either construct the -- move to the plat here so we can see what I'm talking about. Staff had required that the applicant either construct the extension to Bla ck Cat down to Chinden or the off-site remainder of Tree Farm Way that would connect to the existing Tree Farm further -- further to the east. Having said that, prior to the Planning and Zoning Commission we did not have comments from the highway district . We have since received those comments and I have got a couple of bullet points I'd like to read to you in a few minutes as far as what their conditions are for the project. So, as I said, this is the plat. The plat consists of 161 building lots, 15 common lots, on approximately 61.64 acres of land. The R-4 and R-8 zoning districts are appropriate for the proposed development . The gross density for the subdivision is 2.61 dwelling units per acre. The R-8 portion of the project is approximately 15.42 acres of land on the west side of the parcel, which would be these darker brown here and the -- the R-4 portion -- here just a second. Yes. So, R-8 portion of the project is 15.42 acres of land on the west side. The portion consists of 55 single family homes. The approximate gross density for the R-8 portion of the project 3.56 dwelling units per acre, which is well under the allowed density for the R-8 zoning district. Gross density for the R-4 portion of the project, which consists of 106 dwelling units, is the remainder of the lighter yellow on 46.22 acres -- is 2.29 dwelling units per acre, which is also well under the maximum density allowed for the R-4 zoning district. So, in staff -- in staff's report created by staff the applicant was required to make several modifications to -- to that plat, which we have -- we actually have yet to see. One is to add a 20 foot common lot adjacent to the western boundary of lots in the northwest corner of the plat and so there are several -- several questions that staff still had and I believe the applicant can, again, address this, but there has been discussion about the alignment of Black Cat and where that will exactly fall. Having said that, staff did not want to lose the opportunity to get a -- typically along arterial roadways we get a landscape buffer. So, we asked the applicant to modify his plat slightly to include the landscape buffer in this area, as well as to stub a street both to this parcel here on the west side and, then, to the parcel to the south. Development of the site is required to comply with the dimension standards listed in the UDC for both the R-4 and the R-8 zoning districts. There are three common driveways proposed. The applicant is proposing Lots 22 to 24, Block 1, and just to further clarify, this was the original plat submitted with the alignment of Black Cat and it has changed slightly. This is another plat received by the -- from the applicant actually today, which shows a slightly different alignment of Black Cat on that -- on that west side. So, back to the common driveways. There are three common driveways and one of the common driveways are Lot 10 of Block 6 will be used as an emergency access and will have bollards to limit vehicular access to emergency personnel and will have no parking signs, which is -- kind of see my arrow here. This is that common Meridian City Council February 7, 2017 Page 20 of 89 driveway here. So, there is, essentially, two common driveways that will have a bollards in the middle. It's been approved by the Fire Department for meeting their standards. Access to the development will be provided from W est Snow Cherry Street, which is this stub street here on the east side. North Tree Farm Way, a portion of which has been constructed with Spurwing Greens, and the future connection of the North Black Cat Road. The applicant has discussed the extension of North Black Cat Road and North Tree Farm Way with the adjacent property owner and with representatives of the highway district . The application was heard at a January 25th, 2017, ACHD hearing. ACHD's commission came up with the following conditions of approval. This is not the full list, just a few that capture what their -- their intentions were. So, condition one here says: Prior to ACHD's signature on the first final plat, construct the off-site portion of Tree Farm Way between the site and its current terminus as a full 36 foot street section with curb, gutter and sidewalk. So, they -- they opted -- staff's condition was that they choose either/or. The highway district has directed them to construct Tree Farm Way first with the first phase and, then, three here -- I apologize. Four is to ACHD's signature on the final plat that contains the 91st building lot, construct the off-site portion of Black Cat Road from the site to Chinden Boulevard. So, it essentially would require them to do that, but not until they get to that -- to that 91st lot. Moving on the -- the applicant is opposing 6.17 acres or ten percent of open space for the development. The applicant is also proposing to include one amenity and based on the acreage of the plat, the applicant is also required to provide two. The applicant has subsequently applied for and granted alternative compliance for their amenities. So, what they have proposed does -- does meet the code and their alternative compliance request has been approved administratively. Moving on. The elevations submitted by the -- by the applicant look to generally meet the design standards for residential homes within the area, with the exception that rear end/or sides of structures that face North Tree Farm Way and North Black Cat Road shall incorporate articulation through changes in two or more of the following: Modulation, which can include projections, recesses, step backs, pop outs, as well as bays, bandings, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines. Single story structures are exempt from this requirement. So, a number of these are single story that will not have to meet that requirement. But the two story ones will. So, a summary of the Planning and Zoning Commission meeting, which met on January 5th. Mr. Mark Tate, the applicant, was in favor. Drew Eggers was in favor. Tuck Ewing was in favor. And Sam Johnson was in favor. There were none in opposition. The same gentlemen commented. I did not receive any written testimony. I was the presenter and Bill Parsons also commented . Key issues of public testimony were how utilities will be extended to and through this property and extended further to the north across of Phyllis Canal. Coordination -- coordinating the construction of Black Cat on the west property line and determining where the road crosses the Phyllis Canal. Key issues of discussion by the Commission were whether the proposed amenities are sufficient for the development. The applicant will need to go through the alternative compliance process in order to Meridian City Council February 7, 2017 Page 21 of 89 request a change in the amenities required. As I said they have done that. The extension of utilities to the north of this property and the timing of doing so . Insure this project be move forward to City Council without comments from the highway district on Tree Farm Way and Black Cat. We have since received those. The only Commission change to staff's recommendations was 1.1.1.D to read as follows: The applicant shall obtain alternative compliance approval for the amenities prior to approval of the plat for the first phase and, as I said, that -- that's moot, since the applicant has done that. With that the Commission did recommend approval and I will stand for any questions you have. De Weerd: Thank you, Josh. Council, any questions? Bird: Not at this time. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just one. Josh, in the discussions on future crossings of the Phyllis Canal, was there some consensus on where that's going to be? Beach: So, the -- Borton: On the site, obviously. Beach: Sure. So, going back to the plat here. They have done some -- there has been some extensive conversations both with the highway district, as well as both affected property owners and I believe they have come to a decision as to where that will -- will go this -- the revised plan here on the right indicates some further discussion after the highway -- or after the -- the Planning Commission meeting to get to that point and we will have the applicant address that a little bit, but I think they are very close to a final location of where Black Cat will go. I'm not sure the highway district has that fully planned out yet as to how and where that's going to -- to cross, but they have got a general idea and so they are trying to set themselves up so that they ca n get the road there. It needs to turn a little bit further to the west. There is grading there that makes it a little easier to cross the Phyllis at a certain point than it does if you go straight north. I don't know the full details, but I think either Justin or the applicant can address that. Borton: And Madam Mayor? De Weerd: Uh-huh. Borton: Just a quick follow up. The reason I asked that is the added condition on the landscape buffer on that northwest corner to be adjacent all the way along, would seem to signify the -- the crossing location has been set along that Meridian City Council February 7, 2017 Page 22 of 89 west boundary, but if that's not the case I had questions about that added condition on the landscaper buffer. Beach: Yeah. So, some of that is working with the applicant and the adjacent property owner. I think a lot of their discussion has been who is responsible for building the road -- Borton: Right. Beach: -- which part of the road and so they have been working together to determine that and I think as far as staff is concerned we want to make sure that where ever that ends up we are able to get the landscape buffer that we typically require adjacent to a larger home. So, not knowing the full exact location of that, I'm not sure how to write a condition that makes it so that we typically get the typical landscape buffer that we would normally get adjacent to these single family homes. Is that -- Borton: Yeah. Madam Mayor, that's kind of what I was kind of wrestling with. It's chicken or the egg. If you bind them to have to provide that on their property -- Beach: I got -- as part of that discussion was not -- making sure that the property owner to the west -- making sure we know who is responsible for -- Borton: Sure. Beach: -- building what portion of that and who is responsible for building the landscape buffer. Depending on where that happens, that property owner to the west may be responsible for building the landscape buffer on the east side of Black Cat. It just all depends on where it lines up. Borton: Thank you. De Weerd: And a lot of that is not just landscape buffer, but as we found out with the extension of Records, who is going to maintain it and that's been a point of contention as that was never contemplated or probably part of the subdivision plat and, then, the road is built, you have this no man's land between the backs of the fences and the sidewalk and the road and -- and the homeowners never thought it was theirs to maintain and so it -- it's good to have the discussion at this side of it than on the other side of it. If there is nothing further from Council, is the applicant here? Good evening. If you will, please, state your name and address for the record. Tate: Good evening. Mark Tate with the M3 Companies. 1087 West River Street, Boise, Idaho. 83702. Thank you, Josh, for the good staff report there and not to mess up the record, but I do want to commend the city and the folks Meridian City Council February 7, 2017 Page 23 of 89 from ACHD on their wonderful response to Snowmageddon. I thought that was great to see the post-mortem there, so -- De Weerd: Snowmageddon. Tate: As Josh mentioned, this property is located adjacent to what's now known as the Spurwing Greens Subdivision. It's about 61 acres and as he also mentioned, the property is already annexed and zoned with a previous application. So, what we are actually doing here would be considered a down zoning, shrinking the residential A section and entirely getting rid of the R-15 and Community Commercial areas there and going to predominantly an R-4 designation. You will notice on this map there are other pieces that were zoned with the project. Originally I believe it went through in 2004 or 2006. Since, then, it's kind of -- the ownership has been fragmented as it went back to different parties as part of that economic downturn . This is the original concept plan for the Tree Farm community. Some of you are shaking your head, recognizing the project. We are really excited to take on this project. We feel like that's right up our wheelhouse in doing very nice communities, upscale projects, we just have a piece of the whole puzzle, but we feel it's a very nice piece. It borders the rim on the north and Tree Farm Way on the south. You will notice on this map here there was actually two collector roads originally contemplated for the development. One on the north area and one on the south. Subsequent modifications to the development ended up pulling out the northern collector road and I think with our application coming in at a lower density I feel that modification was appropriate and it really wouldn't warrant, with the amount of traffic that we are looking at, the additional collector road. The property is 61 acres. One thing to point out here from an access standpoint is there is a segment of Tree Farm that was never constructed and I'm not sure exactly what happened there, but typically when you do a development you're required to construct at least the adjacent property, a landscape buffer, a half road. None of that was included. The property was developed to a fence line and no landscaping was provided there. It took us a while, but we have worked with some of the adjacent property owners to secure right-of-way and secure agreements for how the right of -- the collector roadways would be oriented in this development. We worked with the -- it's actually now the previous landowner to the east of us. The property was purchased by a church recently and they have plans. Not sure if an application is yet pending, but it will be shortly, I believe, and that is exactly that piece here and Tree Farm Way right here . So, we have, as Josh mentioned, a condition now with Ada County Highway District that we will be building that Tree Farm Way as an offsite cost on our project. There was some discussion with Ada County Highway District, us asking for an increase to the number of units on a portion of Tree Farm Way near the intersection over and above what they typically like to see. Temporarily, just given the fact of how much collector road we are having to build with our first phase. They also looked at the layout here and felt that they didn't want to burden the local streets here. As you notice we have a street stub up here. So, Meridian City Council February 7, 2017 Page 24 of 89 without the Tree Farm Way connection being built there could potentially be a lot of pass-through traffic, so -- and that was actually pointed out by Commissioner Baker and we appreciated that. Just a little bit of information on the project. When Tree Farm Subdivision was built originally you notice a lot of very formal landscaping, grid patterns, very linear and I really like the design of the landscaping. We are going to stay very true to the original design concepts of the community. We have a lot of landscaping featuring a central park, a pond. We have creeks where originally there was ditches running through the project and -- and a lot of open space. The central park features a ramada, kind of a central gathering space for residents. This is a project that we built elsewhere. We are looking to do something similar here next to the pond. On the north side we are going to have a concrete edge with patios , pathways, and a wall border on the north side of the pond where we have the irrigation ditch running through the open space, we plan to open it up and have a pathway along portions of it. This is an example from our Foxtail community down the road where we did that with an irrigation ditch and it's a -- it's a nice community amenity when the water is in there and when it's not it looks -- looks very nice. One interesting thing that we ran into, just kind of a quirk in the city code, we did apply for an alternative compliance regarding amenities. You know, when we designed this community we really looked at Spurwing Greens and who are the buyers in the commun ity. It's predominantly retirees, active adult folks. There are some families, but very few. So, when we designed the project we really felt like open space , high quality, passive landscaping, but as we went up, you know, way above the ten percent minimum to 15 -- actually, something like 17 percent open space, you don't continue to get any additional credit towards that and adding things like , you know, a half-court basketball court or a volleyball pit just wasn't really going to change the community. So, we appreciate staff granting that administrative leave. It's going to be a very nice community, very high end and upscale. Just a little bit about access and connections. Like I mentioned before, we will connect Tree Farm Way out to the signal. The community currently has another -- a private access over to the Spurwing community where residents have a gate code where they can go in and out of the tennis center. We will be extending Black Cat Road out to the south with our 91st unit if development has occurred in that area or constructed it prior to our 91st unit. This is our phasing plan. The first phase is located in the southeast corner. We have broken phases two and three up separately, but it's very likely that we would construct both of those together. Those three phases total 91 -- or 90 units that we would be doing before constructing the road out to the Black Cat. And as Josh pointed out, we have made a -- we are in the -- I would say the process of modifying the Black Cat Road alignment. I have worked with the adjacent property owner to the west and a representative of them Mr. Sam Johnson is here and can actually speak to that. Originally on the left side here you see that Black Cat had a -- had a tighter radius and shifted entirely over onto the western property. We have a right-of- way agreement between ourselves, the property to the west, Mr. Carnahan, who actually owns a four acre in-holding right here and he also owns a three acre piece along Chinden as Black Cat comes out to -- to Chinden there on the east Meridian City Council February 7, 2017 Page 25 of 89 side. We did a right of way agreement where all of us signed on, dedicated the right of way to ACHD prior to it being improved and that really gave everybody a lot of assurance that we know what the roadway system is going to look like. We all have access if we need it. Roads can get built when they need to get built. The neighbor to the west was not necessarily in agreement with the original design north of where they had agreed to dedicate the right of way . They preferred to see it shifted over to the east. While Planning and Zoning and ACHD did not condition us to change the design of that roadway and -- we did continue to work with the property owner there just in the spirit of being a good neighbor and I believe we have come to an agreement that you see here today and to answer the question regarding the design or the location of the crossing, it's difficult to see here without the topography, so I'm going to scroll down. This shows kind of where the slope is located as it comes down to the Phyllis Canal. There is actually a -- kind of a triangle located approximately right here. The original reason that we bowed the road here and shifted it to the other property , while those are two fold, one with the end holding on the property right here, the gentleman also on the property over here , we ended up as part of our agreement shifting the entire road and the entire cost of building that road to our property to -- to satisfy and to be able to get that agreement in place. Not knowing exactly how the connection down across the Phyllis Canal was going to work, we knew that it had to be west of the property line based on the topography here . We did not know exactly how far over it was going to be, so we -- we shifted it probably sooner than the property owner would have liked and that's why you have seen the -- the change to the design there. One thing to note is that the road will be some -- somewhere over in this area, probably not adjacent to our property. While staff has conditioned a 20 foot common area, I was fine with that condition because when you actually look at the topography here it's not a usable area anyway and it's going to be maintained as open space . So, what we -- what we will probably be doing there is actually doing a much greater area than 20 feet all the way across the slope and making it a community lot and, then, limiting it to the top of the rim here, which you see kind of wraps this corner for Lot 47 and 48. I just have two comments on condition one -- Josh already touched on with the requirement to provide the additional amenities. Condition 1.1.3A I believe is also -- could potentially be removed. My other -- my other condition, which I haven't talked to staff about at this point, is actually one of the standard conditions of approval, which requires street signs, sewer, water, fencing, that sort of thing -- everything to be approved in a final plat to be recorded prior to building permits. The reason that I'm here asking for this -- right now at the City of Meridian we are looking at -- at least a two month backlog before city staff can review and approve the plans. Once the staff is able to review them we are looking at about a month-long process. So, we would like to get this project out of the ground as soon as possible. We know that we are going to experience some delays in being able to start the project and we would like to get houses going this year as well and able to -- be able to do that I think we are going to be asking for other jurisdictions -- we kind of call them like a model home permit or something to that effect where a limited number of building permits may be Meridian City Council February 7, 2017 Page 26 of 89 granted prior to final plat recordation. So, by changing condition 2.2.9 to say that all improvements related to public life safety and health shall be completed prior to occupancy, I think that would open up the door to be able to look at building permits prior to final plat recordation. So, I do know that the City Council has granted this previously. I would like the recordation in that as well. With that I would stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none at this time. De Weerd: Thank you. This is a public hearing. Is there anyone who would like to provide testimony? Hi, Drew. If you will, please, state your name and address for the record. Eggers: Yeah. I'm Drew Eggers. 2256 North Waggle Place, Meridian, Idaho, which is a cul-de-sac also. We got by fine. I'm here in support of the applicant. I think they have done a very good job and he asked me to give a little history of the property, because my family has owned it for -- for quite a while. My wife and I have farmed out on Black Cat Road since 1978 and I'm here to give a little history of the project to -- to you and the Council. In 2006 and 2007 my family signed an agreement to sell the whole 140 acre parcel of land to the Tree Farm Development. This land is north of Chinden Boulevard and on sides of Black Cat Road and the Phyllis Canal. In 2008 with -- oh. And at that time it was annexed into the city limits of Meridian and at that -- and, then, in 2008 the economic downturn occurred and our agreement with Tree Farm Development was -- ended and we were kind of in limbo and since 2008 my mother had sold the 60 acres west of Black Cat Road between Chinden and the Phyllis Canal to a new person and she also sold the 60 acres in question here today for the Tree Farm Development to my wife and myself. But now we are entered into an agreement with M3 to develop it and you have seen the plan. As -- as owners we are very favorable of their plan and I think it's a good use of the property. If -- if there is any questions I would answer them and, if not, thank you very much. De Weerd: Thank you, Drew. Council, any questions? Bird: I have none. De Weerd: Thank you. Eggers: Thank you. De Weerd: Oh, I guess I should ask Mr. Clerk if there is a sign-up sheet. Sorry. Coles: There was, but these two were the only ones indicated on the sign -up sheet. Meridian City Council February 7, 2017 Page 27 of 89 De Weerd: Okay. Ewing: Madam Mayor, Council, Tuck Ewing. 1500 El Dorado, Boise. I'm here representing Altec Holdings, LLC. We actually have the property just due north and -- and I think we are certainly in favor of the project , as indicated on the sign- up sheet. I think our indication as presented at the Planning and Zoning meeting is really the utilities and the -- and the -- in this case maybe not the to-and- through, but certainly the ability to get the sewer provided to the north. So, we just wanted to make it a point. I know there has been a little bit of confusion and we have had some conversation with engineering and certainly staff has done a great job at facilitating us to have that ability, but in the past we -- we certainly, through a different entity, did the improvements down the now existing Basco Lane. There was a little bit of confusion on what size force main sewer was provided in that, because, apparently, the record drawings conflicted themselves. So, I took it upon myself -- myself and my father actually went out and pulled the man -- the manhole lid and we have verified that now it is a six inch pressure sewer main coming up Basco versus one of the other plans that showed an eight inch pressurized sewer main coming up Basco. So, with that being said, through some of the correspondence with engineering, we are not sure that for all the properties to the north that one six inch force main will be enough to provide adequate sewer to service all the stuff down below. So, I guess our request right now -- nothing against the applicant or anything, but is -- to make sure that the city is aware of the -- there needs to be adequate force main to service the stuff down below the hill, in addition to what is existing, which is only a six inch force main. I know this applicant -- this application is only a small portion and it certainly doesn't go clear to the Phyllis Canal, which will be addressed in a future application, but I think it's very important to -- to address this in this application, so we don't push it onto the neighbor and, obviously, I believe that in the original Tree Farm application all the stuff in the original Tree Farm was size d to accommodate the stuff down below and I know the stuff coming up the existing Basco was sized to accommodate what that six inch will handle, but I believe it will take additional capacity coming up the future Black Cat. So, we just wanted to make a point of that and make sure Council knows that our request would be to make sure there is something in their portion of the future Black Cat that has provisions for a force main to accommodate the stuff below the hill . So, with that I will stand for any questions. De Weerd: I think you just created questions. Council, any questions? Bird: Not of Tuck. Ewing: Thank you. De Weerd: No. Thank you. Meridian City Council February 7, 2017 Page 28 of 89 Bird: Madam Mayor? De Weerd: I think we created new policies because of the Tree Farm Subdivision originally and this is kind of a new piece of information that we had not been aware of. Either Clint or Warren, the Basco Lane force main that we anticipated serving the -- the north properties, is -- is it reasonable to think that this is going to help make up for that? Has our engineering team really taken a look at that? Dolsby: Madam Mayor, Members of the Council, we did take a look at -- I pulled up some old e-mails from few years ago when we were looking at this and there was some discussions of a six versus an eight inch force main. I also pulled up the drawings a little while ago and it looked like the drawings reflected in eight inch force main was built from the drawings that I pulled up that were dated back in '14. But I don't doubt that Tuck and John probably went out there and, like Tuck said, actually looked at it. I'd like to get the opportunity go out and take a look at it myself to see what actually was built. A six inch force main -- we will definitely see -- if that's what's up there will serve a certain amount of property. It would depend on how dense it develops, really, on the -- on the bottom of that hill where the Ewings have that property and whoever else owns property out there. Of course an eight inch would serve more. Right now the drawings I'm looking at, though, showed an eight inch and I have pulled up some old e-mails that seemed to -- seemed to indicate that may be an eight was built, but I would want to look into it a little more and get back to you on what's actually out there and, then, we could also let you know what a six inch could serve. I mean because it -- there could be a scenario where a six inch might be just fine, if it's not a very dense development down at the bottom of the hill. Bird: Madam Mayor? De Weerd: That was a good political answer. Mr. Bird. Bird: Clint, we -- we spent a lot of money out there redoing sewer and stuff in that development and why -- yeah, I want you to go up there and verify that isn't eight inch, when all the plans are showing eight inch. The engineers evidently thought we needed eight inch and we are going to just sit there and leave it six and, then, we get in trouble, we are out there tearing everybody up to fix it, so I want the answer up front, not -- not later. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: On that point -- so assume it's six, you know, as represented. So, if it is six what would occur within this application to ensure the development north of Meridian City Council February 7, 2017 Page 29 of 89 the Phyllis Canal isn't constrained more than already expected with the way the application is configured now? Stewart: Madam Mayor, Members of the Council, Councilman Borton, typically when these things come in, you know, we go off of what we have in the as-builts. We model these applications using our computer model to -- and the land use planning for the proposed area that a force main is expected to serve. Based on the density that's in our land use plan and our modeling that we do, we size the lines. So, if it needs an eight inch line we would condition that to be accommodated in the developments that would go out that direction . If a six inch will serve it, then, a six inch will serve it, but I think we have a situation here where it may have been modeled as an eight inch line and it sounds like perhaps, for whatever reason, before I think probably either one of our time, it might have ended up being a six. If that's the case we will have to confirm whether or not six is sufficient or whether it needs to be eight and whatever that needs to be to ensure that the properties that are supposed to be served by that can be accommodated. We will make that part of the application requirements. But at this point there is some things that we have to confirm and do some remodeling before we can give you a definitive answer. Borton: Okay. Bird: Madam Mayor? Warren, this application right here really doesn't have anything to do with that six -- whether it's six or eight inch pipe at this time. I mean, this property don't -- that's being developed here don't have anything to do with whether that's a six or an eight inch, is it? Clarify it for me. Stewart: Sorry, we -- if that's the case, then -- and it appears that that might be the case, because Clint was just showing me -- based on the conversation I was thinking there was a connection there. But if that's the case, then, it wouldn't change any of the conditions for this application. Bird: That's what I wanted to clarify. Yeah. Thank you. De Weerd: Kind of what we were hoping to get around. Bird: Yeah. Stewart: Sorry. De Weerd: That's all right. Council, any -- anything further at this point? Is there any further testimony? Okay. Does the applicant have any closing remarks? Tate: Good evening. Mark Tate again. I would just point out regarding some of the testimony here, Conditions 2.21 and 2.22 under the Public Works Department. 2.21 requires that the applicant shall coordinate all water and sewer Meridian City Council February 7, 2017 Page 30 of 89 main size and routing with Public Works Department and execute standard forms of easements for any mains that are required to provide service outside of the public right of way. 2.22 requires per Meridian City Code applicant shall be responsible to install sewer and water mains to and through this development. So, I do believe that we are covered regardless of what staff may find out what's going on out there. But we certainly have those conditions covered here. Do you have any other questions for me? De Weerd: Thank you, Mark. Any further questions for the applicant? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mark, just a quick question. In your earlier testimony you had requested a model home. How many of those were you hoping to receive? Tate: Potentially up to maybe eight. Cavener: Madam Mayor? Can you share with us why -- why that number of eight versus two or 18 or -- Tate: Sure. The way that we do the home building in our subdivisions -- we are not a home builder ourselves, we are a land developer and we sell lots typically to a builder team. Most builders, when they get into a project, would like to start at least two -- usually more. So, it -- I could actually ask for the moon, it would be a much bigger number, but I felt like given the fact that we will likely have four to five home builders in the community, around, you know, eight to ten homes would be a pretty typical start in that. Cavener: All right. Thank you. De Weerd: Okay. Anything further? Tate: And I would just add -- you know, especially in years like this it makes us especially cognizant of -- we do have winters in the -- in Boise. Sometimes you can be out there pouring foundations and building and everything's hunky -dory and, then, you have a year like this and you're, okay, maybe we should try to talk about this up front, knowing that, you know, we won't be able to start out of the gate like we would like to and that we are going to be pushing our development towards winter and that inevitably pushing home building smack dab into the middle of winter, so -- thank you for your consideration. De Weerd: Well, you know, we never have winters like this, so -- Tate: I grew up here. I -- I don't remember getting snow days like these. Meridian City Council February 7, 2017 Page 31 of 89 Bird: Too young. We have had winters like this. De Weerd: Okay. Thank you so much, Mark. Council, any further questions for staff? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for Josh. Josh, I remember a very lengthy Council conversation related to issuing some building permits for, essentially, model homes. If I remember correctly, staff had some reservations about that. I'm just curious -- if my memory is correct, have those reservations changed? And maybe a further question if I may, Madam Mayor, as to how many of these permits we have issued in the past for developments like -- I can recall a few months ago I think we issued four for -- for a development. I just -- eight seemed high to me. Beach: Yes. Council Member Cavener, we -- the project you're referring to is Creason Creek. Bob Unger was the applicant on that project. He actually had four lots -- four legal lots as part of that development, so that's his reasoning for -- I think he requested more than that, but Council settled on four because of the fact that he had four legal parcels and there is some other gentlemen here that have some opinions on this that are more experienced than I am . Having said that, he's only got one lot, so it becomes difficult and there is a lot of potential issues that come up with getting building permits, potentially having folks move in them -- the hiccups that could happen without getting a C of O -- I mean kicking people out of houses and it's just -- there is a lot more liability involved in doing something where we don't have a recorded final plat and having houses built. So, that's -- that's my opinion. Warren has a pretty strong opinion as well on -- on doing things like this and I can let him give you his opinion if you'd like . Cavener: Appreciate that. De Weerd: Warren. Stewart: Madam Mayor, Members of the Council, Councilman Cavener, another one that you may be thinking of is we did one similar to this with The Oaks, where they asked for building permits for model homes ahead of the sewer and water line construction and we relented and let them put in some model homes when we did not have sewer. They also, then, went forward and recorded a plat, sold some lots to some builders. Some builders went out there and they got building permits and went out and started building homes, with the expectation that they would be able to get sewer service and water service and , then, when they got those homes built we said, wait a minute, the sewer and water wasn't Meridian City Council February 7, 2017 Page 32 of 89 done. You weren't -- you weren't even supposed to be able to get permits and it was -- it turned out very badly and there was a lot of anxious moments and scrambling to try and get things done and I would just caution that, you know, we all have the greatest intentions and we hope that things get done nice and smoothly and easily and it all works out wonderful, but things happen and this kind of an approach has never worked out very successfully for us in the past and I -- I just would caution -- allowing homes to be built before we have sewer and water services to those home -- because even during the construction process they -- they need to have water. A lot of times they want to have sewer and it's just turned out difficult and bad in the past. De Weerd: Caleb. Hood: So, yeah, Madam Mayor. If I can be three against the proposed modification. And some of this is just -- let me explain why the condition. It's not my condition, but just being around and -- and I know the fire chief is right across the way, but let's just read the first one. Street signs. For example, Warren already touched on the sanitary sewer and water. Street signs, even before people were living there, people were working out there and there is accidents that happen on job sites. Well, if there is no street signs, there is no way for firetrucks and ambulances to find those people. So, the reason that this condition is the way it is is because street signs, sewer and water -- for life safety reasons. So, that's the first part of that condition there and to get to them. I mean that's the second part, right, that the roads need to be in place so you can drive there and get there before applying for building permits. The other reason why recordation of the final plat -- and Josh mentioned that's important -- is really setbacks and things can change at the county, they can move lot lines around, they can -- additional easements show up and all of a sudden we have issued a building permit and now there is an easement under a house that we have already issued a permit for that the lot line wasn't there before or an easement wasn't there before. So, getting things out of order for us causes some issues, too. And, then, finally what they are really asking to do they already have the ability to do is provide surety for non-life safety things, we already allow that. So, fencing -- some of these other things, they can already bond for those and get going with recordation of the plat and so the change to some of what they are asking to is already allowed by the city engineer to bond for those things that can't be put in, landscaping, whatever due to weather and other -- other reasons. So, really, this is a life safety issue that there is concerns about how this is worded. Anyways, I'm not saying we couldn't maybe tweak the condition, but the proposed change is pretty concerning. De Weerd: Okay. Any further questions from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council February 7, 2017 Page 33 of 89 Borton: It sounds like that would be a conversation that would be had between staff and the applicant to try and see if there is a reasonable solution or afford the applicant the opportunity to hear those valid concerns , acknowledge them, or perhaps come up with a solution or perhaps not. But has that conversation occurred yet? Beach: I guess the quick answer is, no, we hadn't seen this requested change until -- until the hearing tonight. So, there may be something we can -- we could work out, but I'm not -- I'm not sure. It depends on what the applicant is looking to achieve. As far as a comfort level on this specific -- I think you have seen where we are with that, so -- Warren may have some additional information he'd like to share, but some of these things we have to have in place -- Borton: Sure. Josh: -- and we have gotten ourself sideways in the past. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: You haven't had the opportunity to discuss it and the applicant hasn't had a chance to hear your valid concerns and you may or may not agree with them and acknowledge them and that might resolve it and remove the request. But it seems to be appropriate for you two to talk first. I don't see the harm in that. And the applicant perhaps can comment and maybe it's already been resolved through your -- your remarks -- collective remarks. But at least afford them the opportunity. Tate: Mark Tate again for the record and I appreciate the opportunity to come and respond. I do understand staff's concerns, particularly about the life safety items being in place. It was my intent through this change to have all of the life safety improvements in and the final plat recording process. While we can bond for many of those things, it is notoriously taking a long time at the county right now to get those final plats recorded. Oftentimes we have sewer and water out there, a drivable surface, and the final plat is still months away from recording. So, if there is a way that we could meet in the middle . I would also like to point out that this condition was adopted on the Hill and mixed-use projects that recently came before City Council. The same exact condition. So, I figured somebody from staff has already vetted it. That's why it was a new -- new condition to me. So, I believe that I could work with staff to potentially craft some language that the intent may be to allow for building permits prior to final plat given the delay, but I understand that I haven't had those opportunities to speak with the staff directly, but if Council is so inclined, maybe to direct a conversation Meridian City Council February 7, 2017 Page 34 of 89 and not mandate that they make a decision one way or another , that might be beneficial. Thank you. De Weerd: Council, any further information needed? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I only ask the question of staff, if I may, Madam Mayor, because I saw some -- some sidebar conversations going on perhaps about the Hill project. There seemed to be some questions on if that condition existed or did not exist. I just am curious to hear staff's response. Hood: Madam Mayor, Councilman Cavener, so that was a Sonya project, so Josh wasn't part of it, I wasn't here at Council and it doesn't sound like Warren was either, so news to us that this has been approved in the past. So, if I were here I would have said the same thing for -- for that project, too, that it's not a good idea. But just me and, again, it sounds like Warren didn't know about it either. Cavener: Okay. Thank you. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I tend to agree with Warren. I'd like to see the sewer and water in before we start building out there, because I do recall some problems we had out there and it wasn't pretty. But if the developer feels comfortable -- and I don't know why he wouldn't want to get his water and sewer lines in before he starts a building -- building some model homes -- I understand why he wants at least two model home per builder, because, you know, when they pour their foundation they can go to the next one without their crew having to move too far and start framing and, then, move, but I -- I don't know. I kind of tend to degree with Warren that. We have had -- we have had problems when we haven't had the sewer and water put in and we have -- we have built model homes. If we have had -- and it always comes back to be the city's fault. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council February 7, 2017 Page 35 of 89 Borton: I don't disagree with Councilman Bird's comments or staff's concerns and I appreciate them bringing it up, but 2.2.9 as written isn't acceptable and the modification isn't really acceptable and both parties haven't had a chance to sit down to visit about it. There may or may not be a solution, but they are both receptive to having that conversation and at least can learn a little bit more about each other's positions than what you gain in a quick public meeting, then, as to this issue -- and if that affords time for the -- the sewer sizing questions to be answered, those are two potentially narrow focused reasons to continue it two weeks to get some answers on both, we can only have better information and perhaps a better result if we do so. Bird: Is that in the form of a motion? De Weerd: I guess I would ask the applicant if -- since you haven't closed the public hearing on this, if he has comments by delaying it two weeks it pushes it that much further out. So, I'm sure that's going to be what we are going to hear right now. Tate: Mayor, you're absolutely correct. I do understand staff's position and probably my preference would be that if Council is so inclined that you go ahead and just deny my request and I won't have a lot of hard feelings, but -- and perhaps they would be nice enough to meet with me and we can take a look at it on future projects and maybe figure out something that works for everybody and I would prefer to move forward just to get -- get going. De Weerd: Okay. Council, with that said, do I have any further questions or do I have a motion to close the public hearing? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I will move we close the public hearing. Borton: Second. De Weerd: I have a motion and a second to close the public hearin g on Item 8-A. All those in favor say aye. Those opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council February 7, 2017 Page 36 of 89 Borton: I do appreciate the applicant's comments at the end in particular and -- and the Mayor's comments about providing the opportunity to talk about that. We don't like to cause delays if there is any way to avoid it. That is an e xpense to the -- to the applicant, so -- and the acknowledgement of staff's concerns is appreciated as well and so I would move that we approve Item H -2016-0128, with condition 2.2.9 as is written by staff. Cavener: Second. Oh. De Weerd: Motion and a second. You are good with the removal of condition 1.1.3A? Borton: Yeah. Madam Mayor. De Weerd: Which is what staff was comfortable with as well. Borton: Correct. De Weerd: Okay. Borton: And to include the remainder of staff's comments. De Weerd: Okay. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a comment. I think that as we have seen similar requests in the past and I believe that we are going to see more of these types of requests in the future, I would hope maybe Mayor could work with staff and come up with perhaps a compromise solution, if there is one, that exists so that we can be more supportive of the development community in these types of instances and if there is not an instance in which a compromise can be met that maybe that's shared with us as Council so that we don't continually go down the rabbit hole in these each time that they are presented with this. Can we figure out a way to make it work or can we not. If there is some more meeting a binary test I think it would be helpful for me as a Council member. De Weerd: That's fair. Okay. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Meridian City Council February 7, 2017 Page 37 of 89 MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Water and Sewer Services for 175 N. Black Cat Road De Weerd: Thank you all. Item 8-B is under our Public Works and I will turn this over to Warren. Stewart: Thank you, Madam Mayor and Members of the Council. The property owner at 175 North Black Cat Road made a request of the Public Works Department to obtain sewer and water service outside of the City of Meridian and without annexation. You have actually seen this project before. It was a few weeks ago. They came and discussed their overall plans and one thing and another with you and going through an application process with the county. As a part of that we told them at that time they were instructed that they needed to make a specific request of the Public Works Department to review as far as sewer and water connections were concerned. So, they made that formal request by letter. We have reviewed that request and from a Public Works standpoint there is already sewer and water in Black Cat Road lying right in front of these properties. So, there is not a reason from a hydraulic standpoint that this property could not be connected to our sewer and water services and served as long as they installed the appropriate connections and pay the commensurate assessment fees to the city. I know there is other issues at play here, which I think Caleb would like to talk to you about . That's probably after the applicant has their opportunity to come and talk to you , but from the Public Works perspective we reviewed it, Dale has also reviewed that and sent a letter back to the applicant letting them know that we don't have any reasons from a hydrauli c standpoint to oppose this request. De Weerd: Haven't we already considered this request or was that just on land use, Caleb? I -- Nary: Madam Mayor, if I could help on that. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, so this applicant was in front of you before and the only action item for the Council was to direct staff to notify the county that the property was not contiguous. The discussion evolved into this -- I will use Councilman Cavener's word -- rabbit hole discussion about serviceability and future land uses in the Ten Mile area plan and the comprehensive land map and the city's comp plan and we ha d a fairly lengthy discussion about it, but that wasn't a decision point for that night. So, this is the application for the service and whether or not service is, one, serviceable, which is what Warren has talked about and, then, also planning has an opinion on this property in the future and how it impacts that. So, this is really the discussion regarding hooking it up. The other was just notifying the county that it wasn't contiguous at that point in time . Meridian City Council February 7, 2017 Page 38 of 89 De Weerd: Okay. So, my memory wasn't totally off that I thought we talked about this before. Okay. Caleb, would you like to make your remarks before we ask the property owner. Hood: Whatever you would prefer, Madam Mayor. I will maybe just piggyback a little bit, so that just, again, the history for just a second before we talk about the current request. I did send a letter to Ada county in hopes that that would have been enough, you know, stating that this property is not eligible for annexation. That was not enough to get them in the door with the county to apply for what they are applying for now. So, now they are doing the full process and need a letter from the City Council -- a will serve letter, basically, back to the county in order to go through this process of establishing an automobile repair beyond the shop and the -- and the rezone and all those types of things. So, that's kind of, again, a little bit more of the history. What we did before wasn't quite enough for the county and so they are back with a little bit more information and if you recall last time we didn't have a site plan or anything to look at either . So, they have prepared all those things, a landscape plan, a site plan, which I was able to look at and now have some more thoughts and -- and whatnot for you. But I think if you're okay -- I mean if the applicant -- if you want to hear from the applicant and, then, maybe -- I have a couple more things. We can run through a draft agreement if we get that far, so -- De Weerd: Okay. Would the property owner like to comment? Good evening. If you will, please, state your name and address for the record. Riley: Good evening. Penelope Riley. Post Office Box 405, Boise, Idaho. 83701. De Weerd: Thank you. Riley: I want to thank you for your time this evening and to let you know that Mr. and Mrs. Trana are here this evening if you have specific questions for them. We do recognize that our request this evening is somewhat unusual and we appreciate your consideration. I would like to thank staff, especially Caleb. He's been very available. He's reviewed documents and provided us with comments. Mr. and Mrs. Trana, as well as myself, we have reviewed the memo that Caleb prepared and the draft agreement and the Tranas are in agreement with all of the conditions that are included therein. I would like to clarify, though, Mr. and Mrs. Trana have a residence on what will be the future northern parcel and they have septic and well. They'd like to keep their septic and well system until such time as the property is annexed. The point of all of this is the -- is what would be the southern parcel and the location of Trana's Garage. So, the southern parcel would most definitely be hooked up to sewer and water . The garage, which is on the southern parcel, will hook up to the sewer and water services as soon as we have concluded our entitlement activity with Ada county and the garage is under Meridian City Council February 7, 2017 Page 39 of 89 construction should we receive approval. With regard to the agreement that was prepared by your legal department, they agreed to the annexation when the city touches the subject site. Upon annexation they will discontinue the residential use on the future northern parcel. They agree to the cost of construction of connection of the sewer and water services to the southern parcel at this time and the northern parcel when the property is annexed and I have a notary and an agreement with me this evening if that will help things along. Thank you. I'd be happy to answer any questions. De Weerd: Council, any questions? Riley: Thank you, Madam Mayor. De Weerd: Thank you. Okay. Hood: Is it okay, Mayor, if I -- De Weerd: Yes. Hood: -- continue on. I'm not going to -- everyone has done a very succinct job in explaining, but I want to provide a little bit more context into their request, too. So, just to kind of show you how far away they currently are from city limits. It's a substantial distance. I haven't measured it. I could real quick, but it isn't -- they are only two properties away, so what you see in color are -- we can get rid of that. I lost my -- thank you. Two properties away from the city limits. So, once this property goes and -- and the former Kit Kat Club property goes , this property would be eligible for annexation. So, all those city limits are, you know, a quarter of a mile or more away. It's not that far. And, then, from the north they are also just two properties away. So, they would be contiguous from both -- both directions. But as we all know now there are services already in Black Cat Road. This isn't a very typical request. I mean it's -- it's -- this is right in line with the discussions we had last year about enclaves and these properties that are receiving city services, but aren't annexed. The difference here is that I'm comfortable -- so, from a standing -- planning standpoint I worked with legal and I'm comfortable then -- and hearing the applicant say they are in agreement with the draft provisions -- again, the onus is on them. We send them notice when they are eligible, within 60 days they submit an application, and we process it. That takes the burden off of us from tracking, applying, getting legal descriptions, and applying for annexation of the property. So, although not ideal, it does lessen the impact to city staff anyways for what we need to do to babysit something like this that is atypical. I did just want to take a minute to run through and hopefully you all saw that draft agreement and the idea tonight was if you're okay in this situation with hooking up the structure ahead of annexation, that we would bring back a finalized version next week or put it on -- I know it's a workshop next week, so maybe even a Consent Agenda, though, next week or in two weeks or whatever if there are additional changes, but I do want to highlight Meridian City Council February 7, 2017 Page 40 of 89 just a couple of things that the applicant -- and I have already highlighted on page three in particular are the two biggies. Section D, which is at the top of page three of the draft agreement, the annexation application, I'm just going to read it real quick. Within 60 days of receiving written notice from the city that the subject property is eligible for annexation, again, they need to apply at their expense so -- I'm not going to read the whole thing. But they need to also request zoning designations consistent with the future land use map designation on the city's Comprehensive Plan. And, again, when we had this discussion last year, the issue was -- we don't have anything to see. I'm not quite sure how that even fits with the city's future land use map. Is a home and an automobile repair shop consistent with a low density employment designation . And it's -- I will be honest, it's marginal. I won't read you the definition out of the Ten Mile plan, but I think what -- what -- what makes me more comfortable again in this situation is when you look at what's going on longer term around in this area -- so, again, the subject property is here and they are in this low density employment designation. The mixed employment and the industrial designations are right there. So, the garage, being on the back side of the property, kind of transitions to those more industrial uses we were envisioning anyways. So, you could, essentially, you know, float that designation back towards the front a little bit and pick up the garage. Further, there is a lot of available land. I'm going to assume that this home goes away and -- whenever. And, then, again, there is redevelopment opportunities for a good portion of the land there now. So, again, that gives me at least comfort in using little imagination of how this can comply with the designation of the city for, again, the mixed employment designation and it looks for one to three story office-type buildings. But, again, I-L -- the I-L zoning is one of the sample designations called for in the plan, which would be -- it would be a good fit for the automotive repair. So, then, going back to E in agreement -- future development agreement, the other thing that we put in there is that with annexation we would look to enter into a development agreement. So, I mentioned in the memo that the site plan landscape -- the plan is generally consistent with city codes and policies. However, there are some things -- like they aren't proposing to pave their drive aisle and parking lot. Well, that's something that the city -- you have to pave them. So, that's something that I envision when it's annexed as part of the development agreement we say you need to bring this up to city standards in that one and that's, essentially, what we talks about is this future agreement and that city codes will, then, come into effect and you will need to, again, pave and stripe your parking area for this or any other business that -- that may exist at that time. So, just wanted to call attention, excuse me, to those two sections and why I'm more comfortable than I would typically be with the request for services ahead of annexation . Again, not ideal, but it's not the end of the world either and so I guess with that that kind of summarizes what I've done with -- with working with the applicant and I will be honest, there is really nothing in it for the city, but some risk -- you know, a little bit of risk if they don't -- if they change their mind in five years what do we do if they say, you know what, never mind -- already hooked up. You know, putting our cards out there, you know. Not to say that they aren't good and honest Meridian City Council February 7, 2017 Page 41 of 89 people and won't uphold their end of the bargain, but really there is no provision. We probably aren't going to -- we don't -- we aren't going to turn off their water. If they are paying their water bill they are paying their water bill, so there is really no stick if you will for noncompliance. So, that's the only thing that I see that -- but, again, it's not -- not the end of the world. They are consenting to annexation, so if we have to go annex them, they were consenting to it, but just not a lot of pros from the city side. But with that I will end my comments. De Weerd: So, Caleb, though, in talking with them they are aware that when they do annex they would have to -- to step up to city standards and you explained what those -- Hood: Yeah. It's my understanding -- I mean they received the draft agreement last week and just listening to the applicant's comments it seems like they are in agreeance. That’s why I wanted to kind of highlight some of those sections, though, that I think are important for the future when we look to enforce them. I didn't -- didn't mention, but the house -- again, they have -- they have agreed and she stated that -- that the house will be removed in the future at annexation . Residential isn't envisioned in that low density employment. So, that's the reason for -- for that provision. Residential uses. Again, we envision more of an industrial type of feel in this area, so having a home right there long term really is a detriment to other properties developing with industrial, because you got somebody living there. So, we envision these properties largely turning over to industrial in the future. But, again, your question, Mayor, we have not gone through the agreement line item by line item , but it was shared with them last Thursday or Friday and -- and they have had a chance to look at it, so -- De Weerd: So, that's refreshing that -- the proposed use usually is the sticking point. Now, it's the existing use that can be. So, thank you for giving us something different to really chew on. Council -- yes, hold on for just a second. Anything further? Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: Caleb -- and I don't see in the agreement that it contemplates -- does the -- would the applicant have to be in compliance with the city standards within that 60 days or is there a window of time in which they could be compliant ? Hood: Madam Mayor, Councilman Cavener. No. Sixty days is just for the submittal of the applicant. They would go through the process, you know, two, three, four month process to get through there, have the discussion about what, you know, city codes are applicable and have that discussion about how that works. What we didn't do is put all those things in here, because that -- that is a future discussion. Things may change. Our comp plan may change. And Meridian City Council February 7, 2017 Page 42 of 89 maybe in the future a residence is okay at that point in time. So, there -- you know, there may be some things -- or we didn't want to -- in 2017 may not be appropriate in 2022. So, we will kind of cross that bridge when we get there. But right -- as of right now, you know, again, the residence wouldn't work, but we haven't gone into all of those details for the conditions. Cavener: Madam Mayor? Follow up again? De Weerd: Uh-huh. Cavener: So, Caleb, to that point -- and you touched on it earlier. If one of those conditions a year from now, 15 years from now, the applicant says we don't want to -- we don’t want to pave our parking lot, it's too expensive for us to do, what is our -- where are our teeth to make them comply? Hood: I mean I guess I would defer -- I'm trying to play that out in my head a little bit. I mean the other thing is we -- I mean here we say you must sign an agreement, but what about if they even apply, but they don't sign the development agreement? I -- there is too many variables. Again, this is why at the heart of -- it's generally not a good idea to do these types of things; right? I mean they is just so many points can it go bad . So, again, I will defer to legal to answer your question directly. Nary: Madam Mayor, Members of the Council, Councilman Cavener, so a couple of sticking points. The annexation requirement, of course, could only be enforced for them to apply and them to pay. If it's not these property owners, it's someone else and they don't want to pay and they don't want to apply. We had gotten away from that, because we have had that issue come up a number of times and so we haven't been doing that, but most of those very limited ones are purely residential and they are going to remain residential, so it hasn't been quite the same issues. This is a commercial piece, so it's a little different. We could enforce that through a lawsuit of some sort, which would probably cost more than the cost of paying to -- the application fee. So, that's the only real teeth to that particular piece. There is, obviously, going to be some incentive at some point for people to annex. Now, it's been fairly common for this Council and prior councils to not go out and seek these when they become annexable, we will simply wait until they wish to be annexed, because now the incentive is on them and they'd like to do some development, make some money with their property, they have some incentive in which to annex, meet the city's conditions, and require whatever is required, whether it's removing the house or converting the house or whatever that's required. So, that's the other sticking point is that we are going to notice them at the point in time that they could be annexed . That could go through a process that could take some time . The decision point may be they don't really want to and there is nothing they are going to do any different at that point in time and so the city could, then, decline the ability to annex and let it sit there and I think, ultimately, that's the concern from planning is we have Meridian City Council February 7, 2017 Page 43 of 89 talked about these enclaves within the city and when we have been asked at least by the county commissioners to eliminate them as much as possible, I think it's planning's charge and discussion point with the Council and all of you, to not, then, create more and so that's really the issue here is we are -- we will be creating an enclave, potentially, that is surrounded by the city that doesn't wish to comply and doesn't wish to annex, even though they may be annexable and so that's -- that's really the issue. That's -- you know, that's not an issue on a one- time basis, that's a bigger picture question and that's really I think where the concern has been. It's not many times the individual property that's concerning, it's changing that direction or policy and, then, when we, then, start creating these -- and, again, it's not that we haven't provided services outside the city limits, we have. Many times it has been forced by either a failed septic system or by road construction or sewer construction or other things that have affected it and is predominantly residential properties that aren't going to change. This is unusual, because it's a commercial piece of property with a residential component. Does that answer your question? Cavener: That was -- Nary: Okay. De Weerd: Okay. Riley: Thank you, Madam Mayor. Do you need to me tell you who I am again? De Weerd: Just say your name again. Riley: Penelope Riley. De Weerd: Thank you. Riley: Thank you. Maybe I should back up and give you a little bit of history. Mr. and Mrs. Trana's son Mike has Trana's Garage. It's located behind the current residential use on the property. Mike wants to stay in that area, because all of his auto customers live in the area, so the use -- the garage use is not consistent with Ada county code. So, the main reason for doing all of this is to bring Trana's Garage into compliance with Ada county code. Mr. and Mrs. Trana are a hundred percent on board to make this possible for Mike. They're doing what parents do, which is help our children achieve our dreams. So, the reason for this is for Trana's Garage, which will be located -- I'm hopeful that you have seen our site plan for -- and the landscape plan for how this will be done should we receive approval from Ada county. With regard to the paving, apparently Mr. and Mrs. Trana have already looked into paving the driveway and the parking area. So, that I'm assuming will be done as part of the application and just, finally, the hope for Mike Trana, the son, is to have his business here until he is ready to retire. I do understand Legal's concerns and staff's concerns, because this is an Meridian City Council February 7, 2017 Page 44 of 89 unusual circumstance and it's easy to say that things will happen the way we plan them to happen, but I'm pretty confident that Mr. and Mrs. Trana are a hundred percent behind whatever they need to do to make their son's garage comply with Ada county code and allow him to continue his business and grow his business. So, we come here with good intentions today. Are there any questions? Bird: I have none. De Weerd: Council, any further questions? Riley: Thank you. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just a statement. I feel that we -- I would be pretty comfortable with this. Amazing. But I think that when we -- there is -- they are agreeable and they are not -- they are not asking because they have to, their septic system hasn't went bad or their well hasn't went bad, they are -- they are doing it to get in -- to conform with an Ada county deal. They are not contiguous to us, so -- but I feel in the agreement we -- we have got enough light in it that when they do get contiguous we can get it in. I -- I don't know. I just -- I feel comfortable with this. And, then, when they come for annexation that's when we get -- we get them brought up to our standards for annexation. I don't know. I just -- I feel comfortable with it. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I have got a question for the applicant. Sorry to make you run back and forth. While you're coming up, my question is if -- if it was eligible for annexation now what's the plan B to bring it up to the city standards and be annexed and do it as a normal project? Riley: I would assume so. Primarily because, again, the motivation behind all of this is to bring their son's garage into compliance with Canyon county -- or Ada county code, so that he can continue to operate in a place where all of his customers know where to find them. So, I'm assuming that that's correct. Yes. And they are saying yes. Palmer: Madam Mayor, follow up. Meridian City Council February 7, 2017 Page 45 of 89 De Weerd: Uh-huh. Palmer: But if that's the case why not bring it up to what our standards would be if it was eligible for annexation, then, when we get to the point where it is eligible, then, it's simply do the paperwork and we are already there? Riley: And which -- which -- perhaps you could clarify for me, Councilman, what you're specifically referring to. Palmer: And staff would probably have the best answer for that. Hood: Madam Mayor, Councilman, I think -- again, looking at their site plan generally I think it does conform to most of the UDC. What I haven't done is a full-on -- if it were a city application going through our checklist and just verifying all the landscape buffers have the right tree species, spaced to the right distance, and things like that. But generally -- and I, too, hope you all saw the -- you know, the site plan and landscape plan. If not I can -- I can route it around, but that's what I looked at. One of the things that's not addressed in the -- the agreement, but is access, for instance. There is three driveways to an arterial roadway. That's part of the discussion we would have as part of the annexation. Nothing in the agreement says, you know, let's talk about access, because it doesn't make sense. It's still in the county. But when this property does come into the city and there is city limits around it, then, we are going to have to have a discussion about three, four driveways within 200 feet of each other. That doesn't meet city -- so, there are some tweaks that right now really, in my opinion, don't make sense to enforce, because, again, now I have got to envision that that home probably isn't even there. Okay. Well, that driveway does go away. But to put that in an agreement right now doesn't make any sense, because the home is staying, because it's okay right now. So, I don't think they are monumental upgrades at the annexation point. Especially with -- with the comments now that they intend to -- to pave it and stripe the parking area in the county, that was the biggest -- that's why I brought it up. That was the biggest improvement that I saw. There may be some improvements to the landscape buffer along Black Cat, but, again, those can be discussed and we have alternative compliance at the staff level we can kind of work and say, all right, those are maturing, you put them in in 2017, we will give you a little bit there. So, there is nothing really critical. I mean I like where you're going, that way it's -- we aren't punting down and we can have the conversations now, but, again, the implementation just didn't seem appropriate. They are going to stick out like a sore thumb having a 25 foot wide landscape buffer, you know, along -- along Black Cat and one access point, for example. Palmer: Madam Mayor? Meridian City Council February 7, 2017 Page 46 of 89 Hood: But there is not a whole lot that doesn't comply with city code that I can see. Maybe design review, too, for the shop. It's a metal -- metal shop. But, again, sorry to keep rambling, but, again, I envision there being another building or two in front that would screen that in the future. I mean there is a lot of land area between there and the road and with the buffer and those types of things I could see that being mitigated. De Weerd: Mr. Palmer. Palmer: To piggyback on your use of the word monumental, I think that -- that makes me a little bit more comfortable with it, as long as there is nothing monumental that would need to be changed or there would be a -- just a massive expense that would be easier to say, you know what, it's not going to work out, we are not going to -- but -- so, as long as there is nothing that expensive needing to be done at the time of annexation then -- Hood: Madam Mayor, can I just clarify one -- again hypotheticals here. But when they apply for annexation they may also have a ten lot subdivision they are applying for with the building lots that I just told you about. Now -- now all of a sudden we need a landscape buffer along the south and they are going to have to do other improvements. So, I guess this is really envisioning them annexing as is, not annexing with development. Because with development we are going to say, yeah, all the lots and blocks are going to need sewer and pavement. So, that's just -- and I know you understand that, but just on the record there -- there may be substantial improvements, if when they apply for annexation they are also applying for redevelopment. Palmer: Which -- follow up then. Which in that case, then, they would have the incentives to go ahead and do those things, so I think that's appropriate. Riley: Madam Mayor? De Weerd: Yes. Riley: May I add one thing? Mr. and Mrs. Trana understand the future value of that property for commercial development. We had that discussion months ago, because the -- with a Ten Mile plan implementing and becoming a reality at -- adjacent to Black Cat Road and right next to Franklin Road, that's a perfect location for commercial, neighborhood oriented commercial development, offices, dental offices, that kind of thing. So, they understand the future value of the property, that it's not really suitable for residential at that location, nor will -- will it be in the future. Thank you. De Weerd: Thank you. Okay. Council. Bird: Madam Mayor? Meridian City Council February 7, 2017 Page 47 of 89 De Weerd: Mr. Bird. Bird: If nobody has any more questions, I will try to draft a motion here. I move that we approve the water and sewer services to 175 North Black Cat Road and for staff to draw up an agreement with a letter for the applicant to take to Ada county and signed by the Mayor, attested by the Clerk. That's it. De Weerd: Okay. I have a motion. Do I have a second? Palmer: Second. De Weerd: I have a motion and a second. Any discussion from Council? Seeing none, Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, nay; Milam, absent; Cavener, nay; Palmer, yea; Little Roberts, yea. De Weerd: Okay. The ayes have it. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT. Item 9: Department Reports A. Finance: OpenGov Software Update De Weerd: Okay. Item 9-A is under our Finance Department. Mr. Lavoie. He slipped in. Lavoie: I did. Madam Mayor, Members of the Council, again, appreciate your time here tonight and hopefully -- I will try to make this quick for us. But a fun quick. It's exciting stuff. De Weerd: I know we don't want you getting a reputation, Todd. Lavoie: Only a good reputation. All right. Madam Mayor, Members of the Council, again, I appreciate the opportunity to speak to you tonight. First off I want to say thank you, Madam Mayor, Members of the Council, again, for the good words that you presented to the Finance Department regarding the audit. I thank you very much. It's a lot of hard work. We take pride in what we do. I just want to take the opportunity to say thank you ag ain for the good words that you gave us. And with that the -- the good word leads to a software tool that will display our financials to the citizens in a functional software tool for the city that I'm here to present to you. Again, here is tonight's agenda. I'm going to explain to you why we are here. I'm going to explain to you what opengov is. Opengov is a software solution that the City of Meridian has selected. I'm going to give Meridian City Council February 7, 2017 Page 48 of 89 you some common use cases. Describe some of the goals and objectives that we as a city had with this project. And, then, I'm going to take you on a quick tour of the software solution and, then, give you the good news when this product goes live and, then, stand -- or sit for any questions in this case. So, again, why are we here? During fiscal year 2017 we presented to you a budget enhancement request, requesting that the city acquire an open data business transparency solution that will be accessed through the city website. I'm here to announce to you and let you kn ow that we have successfully selected and implemented such solution. You gave us a budget of 15,000 dollars. We found it and negotiated 12,000 on an annual basis for the next three years and , then, you gave us an additional 6,000 dollars for a one-time cost and we came under budget for that as well. So, again, both great achievements there for the budget. Again, we appreciate you giving -- or offering us the opportunity to find a solution and I'm proud to say we have one for you. Hopefully, you guys like it. So, the question is what is opengov? Opengov is a smart government platform that allows us to display our financials in this case in a functional, transparent way. Again, the city selected opengov via a small committee, which actually had Mayor Tammy on it and Joe Borton, they were part of the committee that helped review a handful of different solutions and at the end of the day we , as a committee, selected the company opengov, they are out of northern California. Again, what is opengov. Opengov is -- it's a tool -- it's a software system that allows better insights on the city's revenue expenditures at this point in time. It's a solution that will hopefully build a better relationship between the citizens, the city, the inter-governmental agencies, anybody that we do business with. And the solution itself is going to be a f uture technology that we will be able to utilize for future reporting concepts. We are going to first generalize this tool to report the financials. We can go forward and use this tool to report any matrix that can be measured. So, an example would be crimes per thousand. We could utilize this tool to display that information and communicate that information to our citizens or any inquiry. So, again, a little bit more about what opengov is. Opengov, again, releases our financials in this particular -- I guess solution to the citizens, but, again, it's just the tip of the iceberg for us that we believe we can utilize this tool with. As I explained, we can share information regarding crimes per thousand, response times, park acreage -- again, if it could be measured we can report it. We decided to use financials as the tip of the iceberg here to see how it works and we are here to show and hopefully from this point on we can continue to utilize this software to communicate the information to not only the citizens, but also the internal staff and our intergovernmental partners. As you can see here the opengov solution -- they currently have over 1,400 government partners utilizing their software in 47 different states and they currently have over one trillion dollars that they are analyzing on a daily basis. This software solution that we have selected will allow us to leverage our information with others, so what's in the solution we can access all 1,400 entities utilizing this software package to compare ourselves to like 95,000 populated cities. We can compare ourselves to like park acres per city. Again, if there is data out there we have access to it. We can leverage that data to help us make better I guess choices, Meridian City Council February 7, 2017 Page 49 of 89 more informed decisions, again, the tool is there for us to improve our decision making in the long run. These are just a few examples of the agencies currently using opengov. Part of the 1,400 plus that are currently out there. Again, like I said, the good thing is -- or the great thing is -- let me rephrase that. If the data is out there to be tracked, we have access to it. And pretty wordy here. I apologize about this, but it's common uses, it's following the money, that's where we are going to allow the citizens to tap into our financials, we are going to be transparent -- we are going to be transparent and we are going to communicate that to our citizens and our partners. Again, we can us e the presentation to help us I guess communicate to our stakeholders. We can use this data to help with analyzing, comparing our revenues and expenditures and, then, we can also help isolate and control the way we display information to our internal staf f for financial analysis. Goals for the city. Our primary goal was to humanize -- what we call humanize the financials, make the financials easy to read for the non-financial person, and we believe we have done that with this solution. We wanted to create a central place for questions to be answered and -- answered about the city financials, so they can go to one place, ask the question, we can get the answers back to them about the financials. Then, again, provide a reporting tool for the internal staff. Finance has big dreams for this. We want to utilize this with internal staff to allow them and any user to access their financials on a daily basis without having to know finance mumbo -jumbo. Again I think you will see this displayed here quickly and hopefully you agree that it's more intuitive than a financial reporting system. So, with that we are going to jump on this and take a quick tour of what we call opengov. This is your -- this is our home page and within the home page you will see down at the very bottom there is eight tiles. If you select the Finance tile -- got my fingers crossed. Perfect. It worked. It takes you to the home page. This is our transparency home page. Working with the IT department and Katherine, she has developed this nine tile system. We have very simple questions that we think are appealing to the user. If you want to know the answer to any of those questions you click on that tile and the r eport will show. Again, we will go and do a couple of them. If you want to know who makes the decisions of the Finance Department -- or for the city, click on that tile, as it processes you will see it takes you to a webpage that talks about our budget development process. Again, this is just a process, it's just information and it kind of holds their hands on how we start and finish with the budget and it does go into development -- more wordy development and, then, some documents that support it. So, from there you can, then, go into any of these tiles. We are going to go ahead and jump into city expenses. So, the question is what are the city expenses. Click on the tile. This is opengov platform right now. So, we are now going to the opengov platform. Hopefully this makes m ore sense than the financial reports we use. So, in this case you can see for fiscal year 2016 these are the financials -- audit financials, actuals, displayed in four major category groups. Capital outlay, operating, personnel -- same reports that we give to you. Now, if you want to know, okay, what is personnel expense makeup or what it's made up of, I apologize, you just click on that one part of the pie chart and it brings up the functional patterns of that. So, you may ask, okay, salaries Meridian City Council February 7, 2017 Page 50 of 89 and benefits. Well, what makes up benefits? Well, if you just click on benefits you can see what we are doing here is there is drilling down to the most finite details that we have. So, you can see benefits are made up of set items. We have asked, okay, let's see what's inside FICA. Well, FICA in this case -- in this case is 1.8 million dollars. The question is what makes up this particular item. Well, if you click on that -- and, unfortunately, that's as far as you can go from a GL standpoint, but we have th e ability to change the view. So, let's say I want to see this by department. This is now your department breakdown for every FICA dollar spent here at the city. Again, you keep drilling and drilling into the data -- well, let's look into administration. Well, there is administration. If you want to know what Finance makes up, well, you can, then, go into Finance. So, you can see the details are -- hopefully it's more intuitive than having to know how to run 12 different reports in a financial system. If you just click on the icons, the pie charts, the data, the data will be at your fingertips. So, within the 45,000 we do provide the transactions for every item within the city and, then, the -- the different -- sorry about that. The transactions are available at their fingertips. You have 18 transactions. Transparency at its greatest. That is a quick tour of opengov. If you wanted to see maybe FICA over the last five years, there is FICA over the last five years for the Finance Department. We can go drill into as many details as we so please. We have set up eight different reports for the citizens to access. We will be providing internal staff a separate set of reports, because we want internal staff to be able to use this report system as well. We think it's more intuitive. It's user friendly for anybody to be able to go look at their financials at any time to see what makes up gasoline tax. They can drill into this report and find that information for them , because the formation will have the transactions below and the summary above. And that's the quick tour. Again, I know -- I'm trying to respect everybody's time here. I know it's a late night, but that is opengov in a quick nutshell -- Bird: Looks good. Lavoie: -- and the information that is going to be available to your citizens and any user at the end of the day. Any questions on this before I depart from this, you know, presentation on taking a tour of opengov? Bird: Looks great. Lavoie: So, the question is when does this go live? The great news is we are giving the keys to the Mayor tomorrow. At her State of the City she's going to announce this. We are giving her the keys to the release of the citizens. We will turn on opengov to the citizens tomorrow morning. So, Mayor, you have access to this data starting tomorrow morning. The keys will be delivered to you. So, the grand thing is we are live tomorrow. Again, we are proud of that. We had a goal of making it live tomorrow for the Mayor and we met that. Again, in the future we will be training internal staff to use this to maximize the use of the reporting technology and, again, we are pretty excited about it. We think we Meridian City Council February 7, 2017 Page 51 of 89 have a great tool. We have a great solution not only for Finance, but for the citizens as a transparency tool. It's been on our to do list for eight years. So, I'm happy to finish this project and before I head out I just want to say thanks to the project team. Jenny Fields from Finance, she has done a tremendous job getting the data. She's worked many hours trying to get this done. Katherine in IT, she set up the awesome page for us. All the links. It's awesome looking. David Tiede, Kaycee and Jaycee, they have all been great support and, obviously, our two sponsors, Mayor Tammy and Joe, and we couldn't have gotten here without you. And, then, our opengov team, which is out of San Francisco -- the Bay area. Liz, Monica, and Darrin. They have been awesome with us as well and will continue to be awesome and help us get to where we need to go. I apologize for the quickness. I'm trying to get through this, so you guys can all go home tonight. But that is opengov. Hopefully it looks awesome. Hopefully the citizens -- you guys like it. We are pretty stoked with it. Again, I stand for any questions. De Weerd: I'm thinking it looks better on this monitor. I need a different monitor in my office. Sorry. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Todd, appreciate the fast presentation. I could encourage the members of the Council to really deep dive into opengov. I have been researching this software tool for about a year and was really excited when I was at NLC to find out that they had already been working with th e city. It was a great surprise to hear. Todd, a question and then -- and, then, a comment. You mentioned the keys get turned over to the Mayor tomorrow morning. Am I safe to assume, then, that the public will be able to access this data beginning tomorrow as well or is there a lag period before this -- the information will be made available to the public? De Weerd: We would certainly prefer that it's announced at the State of the City. Cavener: Well, I didn't mean to scoop you, Madam Mayor. Lavoie: Madam Mayor, Luke, the secret is out. The actual door is open now, but if we keep a little secret to ourselves -- is not open until the Mayor releases it. So, the keys are actually -- the car is on. But as between you and I, it's not on yet. Not until the Mayor announces. Bird: After 5:00 o'clock tomorrow. Cavener: Madam Mayor, just as a comment, then, to -- and just a word of caution to the department, to the city, I think this opengov software tool is phenomenal, it's going to be a great benefit to our citizens. I just hope that we Meridian City Council February 7, 2017 Page 52 of 89 don't head down the -- the pathway of trying to purchase every opengov plug in that's out there. I don't want it to be a solution constantly in seek of a problem. I think they have some amazing software tools, but I just would hate to become the spokesperson for every opengov outlook that's out there. De Weerd: Well, certainly you're the keeper of the -- the pocket book and so there is control of the -- the bells and whistles on this car for sure. Cavener: I love hearing that. Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor and Todd, I'm extremely excited. I have been playing with it on some other cities that have it and know that our numbers are going to look much better than some of the other ones that are played with. My question is are there any other cities or entities in the state of Idaho that have it or are we the first? De Weerd: No. Lewiston was the first. Palmer: Lewiston has it? That was my only question. De Weerd: And the only. Bird: We have been the leader in everything. De Weerd: And they have been the only one. So, we will be the second. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I can -- I cannot rave enough about this platform and what the Finance team has led to make this get to this stage. One of the additional elements that this provides -- we keep stressing the word functional. I mean we have always been transparent. All this data and information was always public. It's always out there. It has been cumbersome public records request or drill down into a pdf and it's not functionally transparent. Now the public can actually use our existing financial data themselves. But I think it also tracks, if it doesn't yet, but it can, what type of queries we get from the public. So, we will be able to assess what type of common questions we get from the public, what are they interested in. We can toggle these tiles to try and address those most common questions and concerns, which is exactly what we want to do with our transparency with our financials. So, it's access for the whole community. Meridian City Council February 7, 2017 Page 53 of 89 De Weerd: It will be easier to maneuver and we know that Finance has always been pretty bummed when we get pages visited and no one goes on the financial and so -- because they do watch that. But I do think that this even gives some of the questions and -- and makes it more intuitive to -- to find that information and certainly more transparent to drill down into the details that you really hope to see. So -- Mr. Bird, I'm sorry. Bird: Oh. I think it's fantastic and even a dummy like me can -- I think can look through it. I'm going to enjoy it. Thank you guys for doing it. Borton: Madam Mayor? De, Weerd: Mr. Borton. Borton: To add to the existing level of excitement that precedes the June budget workshop process and our roundtable discussion, this tool will be utilized to help assist in engaging that discussion, understanding past budgets, budget s to actual, and I think it's going to make that interactive June workshop that much more interactive, which is a good thing. De Weerd: Thank you, Todd. Lavoie: Thank you, Madam Mayor. Thank you, Council. De Weerd: And thank you, team. So, Jaycee, can you pass along the -- our thanks and -- so, Todd, to your staff, to IT staff and -- and all those that were involved. I know Kaycee is listening. B. Amended Public Works: Wastewater Recovery Reference Facility (WRRF) Capacity Expansion Project 1. Purchase of Grit Removal Equipment from Hydro International for a Not-To-Exceed amount of $820,730.00 and approval of Purchase Order #17-0191 to Hydro International for a Not-To- Exceed amount of $82,073 and authorize the Purchasing Manager to sign as this procurement is to be paid in 2 fiscal years: $82,073 in FY17 and $738,657 to be paid in FY18. 2. Approval of Task Order 10601.H to CH2M Hill Engineers, Inc. for the “WRRF LIQUID STREAM CAPACITY EXPANSION – PROCESS CONTROL SOFTWARE INTEGRATION” project for the Not-To- Meridian City Council February 7, 2017 Page 54 of 89 Exceed amount of $642,355.00 and approval of Purchase Order #17-0198 to CH2M Hill Engineers, Inc. for a Not-To-Exceed amount of $292,980 and authorize the Purchasing Manager to sign as this procurement is to be paid in 3 fiscal years: $292,980 in FY17, $185,856 to be paid in FY18 and $163,518 to be paid in FY19. De Weerd: Okay. Item 9-B is under our Public Works. Good evening. Thrall: Good evening, Madam Mayor, Members of the Council. My name is Troy Thrall. I'm a Staff Engineer II in the Public Works Department. I have been with the city now for three months. Prior to that I was working at CH2M Hill for about ten years and prior to that I was working at the DEQ state office. De Weerd: Well, great to have you on our team. Thrall: Thank you. I'm the project manager for the wastewater treatment plant headworks expansion project and the item before you tonight is a -- we need approval to issue a purchase order for grit removal equipment in the total amount of 820,730 dollars. The first ten percent would be spent during the current fiscal year with balance to be paid during fiscal year 2018. We have three other equipment packages associated with the project . This grit removal equipment is a sole source procurement and the other equipment was all done through an RFP process and we hope to have those other three packages before you within the next few weeks. So, with that I will stand for questions. De Weerd: Thank you, Troy. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Troy, I'm sure that the PO is just for the 82,073 dollars for this year; right? I mean we are not -- we are not obligating next year's Council for the other, even though it is a full PO. But right now we are just wanting the 82,000; am I not right? Thrall: For the current fiscal year -- I will defer to Keith to answer that question. Watts: That is correct, Councilman Bird. I also wanted to state, too, the -- the sole source that Troy was talking about, that was approved last year. We brought that through Council and ran that through the proper channels, so we a re not asking -- De Weerd: Well, shoot, we were going to blame the new guy. Meridian City Council February 7, 2017 Page 55 of 89 Watts: And the bidder is -- I worked with Legal and the bidder is aware of the -- the payment and the obligation is only for this 82,000. Bird: Okay. I was positive that was the way it was stated there, but I just wanted to make it clarified publicly. Watts: Correct. Bird: Thank you. Thank you, Troy. Do we need a motion, Mayor? De Weerd: Yes, please. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve purchase order 17 -0191 to Hydro International for not to amount of -- not to exceed amount of 82,073 dollars and authorize the Mayor to sign and the -- or the purchasing manager to sign. Little Roberts: Second. De W eerd: I have a motion and a second on Item 9 -A-1. Any discussion? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Thrall: Thank you. De Weerd: Okay. So, did you -- Bird: We have another one, too. Watts: Okay. I will do the next one. This is Task Order 10601. This one is actually for the capacity expansion project and this is for process control software integration. It's also split up into three fiscal years. The task order has that spelled out in it as well. The total amount of the task order is 642,355 with this year for fiscal year '17 is 292,980 and the balance will be split between FY-17 and '18. Or excuse me. '18 and '19. Meridian City Council February 7, 2017 Page 56 of 89 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Keith, was this -- was this project bid out to other consultants or was this something that they have discontinued -- it's a continuation of something that we have already had out there? Watts: This is actually on the master agreement roster, but, yes, they have done some work with CH2M -- Bird: Okay. Watts: -- already and I believe what this is -- off of the agreement, which was a competitive process. Bird: Yes. Okay. Thank you. De Weerd: Keith, can you explain what liquid stream capacity expansion means? Watts: Oh, I'm sure I -- De Weerd: No, I'm just kidding. Bird: We were just kidding you. De Weerd: Since you were presenting -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve purchase order 17-0198 to CH2M Hill Engineers for a not to exceed amount of 292,980 dollars and for the purchasing agent to sign. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9 -B-2. Any discussion from Council? Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Meridian City Council February 7, 2017 Page 57 of 89 MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Works: Project Closeouts De Weerd: Thank you. Item 9-C is under Public Works for project closeouts. Stewart: Madam Mayor, Members of the Council, I know i t's late, so I will try and make this brief, but there is quite a bit of material to go through. Per our purchasing policy the engineering division is here to give a report on the capital projects which we completed in this past year. As in the past each one of the staff who was responsible for the particular project will come up and give you some information on that project and, then, at the end I will take -- or take some time to summarize the performance of the group overall. Okay. That didn't work, so you're going to have to forward it. So, I want to acknowledge the team. I want to acknowledge a couple of the new members that you will hear from. So, Jared Hale is one of the new engineers -- or engineering project managers that we have working for the city. He comes to us from the city of Caldwell. You will get an opportunity to hear from him tonight. You also just got an opportunity to meet Troy. I have to give him kudos. We usually don't send anybody up here to the City Council within the first three months without giving him an opportunity to get introduced, but, Troy, to his credit, wanted to do that. He wanted to get up here and make that presentation, so we said go for it and so he did. But Troy comes to us, as he said, from CH2M Hill. And, then, the rest of the engineering staff you are familiar with and will have an opportunity to hear from them. So, just briefly, the agenda for tonight -- Kyle and his team is going to talk about the water projects that we completed this year and, then, Clint Dolsby and his team will talk about wastewater-related projects. Again, I will take some time to summarize at the end and, then, maybe highlight just a few of the other significant accomplishments that we had for this past year. So, I'm going to just turn the time over the Kyle. De Weerd: Will you, please, state your name and address for the record. Oh. Sorry. Radek: Madam Mayor, Council Members, Kyle Radek. I do live in Meridian. De Weerd: I know. Radek: The first category we are going to talk about is water supply projects and noteworthy in this -- in this list is Well 19 and Well 27 water treatment, which Brent and Dean are going to talk about. Very impactful projects. I'm going to start off with Well 31 control system upgrades. We inherited Well 31 from Meridian Heights and although it has aesthetic water quality challenges, mainly with Manganese, it is a newer well and it's important to keep it available for service if needed. It's the last well to have the controls equipment upgraded to our current standards. The project included design, construction, and Meridian City Council February 7, 2017 Page 58 of 89 programming of a new control panel, including a programmable logic controller and radio and the project also included upgrading the variable frequenc y drive communication to enable Ethernet control, which is the additional work you see there in the design portion. Construction cost 39,000. For a total project cost of 66,000. Now that we have completed the controls upgrades for our well sites we are focusing our efforts on our pressure reducing valves . We have 26 of these valves located in vaults at pressure zone boundaries all around the city. They are very important components of our distribution system , because they separate our pressure zones, so we can serve our customers with optimal water pressure while allowing flow between the zones in case of emergency needs , such as a fire flow. Consequently, it's important for the water operators to be able to monitor and control them. Currently the electronic cabinets are located in the underground vaults themselves where they were originally built. This configuration has worked, but it puts the electronics in what is at best a very moist environment and at worst underwater. Moving electronics cabinets in conjunction with the actual electronics upgrades -- moving the electronics cabinets outside of the vaults will best protect the equipment and improve safety by allowing operators to access the valve information without going into the vault, which anytime we can keep the operators out of the street and -- and above ground it's a good thing. This project included the design, construction, and programming of new control panels, including the programmable logic controllers and radios. It included design of three locations. However, construction at one location was removed from the contract when a property owner would not grant an easement. So, this location will be constructed when that issue is resolved and that is why the additional work in the construction cost shows a negative amount. We, basically, took that site out of the construction contract. And the last PRV control system upgrades or SCADA panel, the title was on this one. This was done by -- by Brent Blake and this is one of our most important locations for a pressure-reducing valve, because it feeds pressure zone one. Pressure zone one has no supply wells at this time and so it is served with domestic flows, as well as fire flows through this PRV as well as three other PRVs and this project design was accomplished for 7,000. The construction was 29,000. For a total of 36,000, with very minor additional work I believe involving the power supply. The next project will be Well 14 upgrades and Max is going to present that. Bird: Kyle, how come in our design -- now, this -- now the last one you had up there, we were looking at about 22 percent -- 23 percent of the total construction cost for design costs, but the other ones -- and go back to the other ones. Look at that, your total contract, the 91 and your -- and your design total was 54. What -- what -- what does this design include? Isn't it -- isn’t it just the design of the plant, the building, and that stuff? Does it include all the electrical, all the pumps for water? Isn't that in the construction or -- clarify it for me, because that -- that just sounds so out of kilter from what costs -- you know, design -- Meridian City Council February 7, 2017 Page 59 of 89 Radek: These -- these control system upgrade projects typically do have a much higher design-to-construction cost ratio. Bird: Okay. Radek: Because they are very small projects, they still require -- in the case of the CRV site, they still require a civil plan , they still require electronic plans and they require specified electronics equipment, build materials, and one line diagrams for the design and another part of the -- of this project included the actual programming of the new controls and one of the things that I believe Warren was going to mention later in the presentation is that a lot of times we put the programming in the construction costs, but in the case of these the programming was done by the designers here as well. That -- and the main reason why this one looks like the design cost so much is because as you -- as you remember I -- I let you know that this design was for three locations and the construction ended up being for two locations. So, we still have a design complete for another location and we just got to get this easement figured out with the property owner. Either that or find a different place to get the power from. Bird: I don't know. It just seems -- Stewart: Madam Mayor? Madam Mayor, Councilman Bird -- and I will talk about this very issue, because I suspected that this would come up and so I have, in summary, when we talk about the projects as a whole, I will try and address this and would be happy to answer any more questions that you might have on this topic, because there is a pretty good explanation for why this occurs. Kyle's touched on most of that, but -- Bird: Okay. Thank you. Jensen: Madam Mayor, Members of the Council, my name is Max Jensen. I was the project manager for the Well 14 -- the building upgrades project. This project consisted of improving the building site, aesthetics, conditions, minor waterline improvements and improving energy efficiencies. The existing old metal siding was replaced with modern-day siding. The front gravel access area was paved and skylights were installed to improve energy efficiencies in the building. The original design contract was for 12.1 thousand. Change orders were, excuse me, 1,000 and the design total was 13.1 thousand. Original construction contract was 74.9 thousand. Change orders were 1.4 thousand and construction total was 76.3 thousand, for a total project cost of 89.4 thousand dollars. De Weerd: Any questions from Council? Thank you. Jensen: All right. Thank you. Meridian City Council February 7, 2017 Page 60 of 89 Blake: Let's see if I get the right button here. Ma dam Mayor, Members of Council, my name is Brent Blake, I was the project manager for the Well 19 treatment facility that's located near the intersection of Ten Mile and Ustick Roads. The purpose of the facility is to remove iron and Manganese from our water that we put through from an on-site well into a tank and it's 140 square foot tank, that's that big blue one there, filled with Pyrolusite media. The design cost of 231,000 dollars. Construction total is 980.2 thousand. Bringing the total construction and design cost to 1.2 million dollars for the whole project. All in all after a two year long project we all -- we now have a facility capable of pumping about 1,600 gpm, that's gallons per minute, to our citizens and of a high quality standard now. De Weerd: Thank you, Brent. Any questions? Do you know what he just said? Bird: I do. De Weerd: Yeah. I think you guys need to get a lot more technical. I know you can. Stacey: Madam Mayor, Members of Council, my name is Dean Stacey, I was project manager for several projects this year and the first one I'm talking about is Well 27 water treatment. Same type of project as Brent Blake just talked to you about. This one is larger. It's a ten foot diameter by 32 foot long tank. We were able to produce 2,300 gallons per minute through the system. High quality water. The project consisted of purchasing the -- the filter tank, constructing a 25 foot by 50 foot long building and associated piping that goes along with that to attach that to the wellhead, as well as the -- the water system. The original design contract was 210,000 dollars. We did have additional work at 64,000 dollars. A good piece of that was to add construction services. The design didn't include the construction services originally. Design total was 274,000. The original construction contract was for 1.29 million and that includes the building, as well as the purchase of the tank, and we did come before Council to get approval for that tank. It was at least 547,000 dollars for the tank itself. We did have 29 -- a little over 29,000 dollars in change orders. That one is -- I'm sure you remember when it closed Ten Mile Road for you guys -- Ten Mile and Franklin here recently. That was to -- it was fun. De Weerd: It was a lot of fun. Thank you, Dean. Great reminder. Stacey: So, the reason for that -- for that road closure and that change order cost was when we first originally got out there, the contractor got started, found out that it was a bigger deal and there was more utilities in the ground than what we thought was there and due to the safety for his -- his workers we had to come back at a later date. We started in May. Had to come back and finally got everything approved to come back in August and worked through that and -- Meridian City Council February 7, 2017 Page 61 of 89 De Weerd: I think that was the week that school started; right? Stacey: It was. It was. I did talk to the school -- school people and they -- they were very happy that we closed the roads for them, but they were flexible, so they didn't really have that much of a problem with it. De Weerd: Well -- and you got it open sooner than you expected. Stacey: Yes. And we are -- right now we are about 99 percent done with the project. We have a few minor tweaks to do, but it is producing water. It is the final water treatment for this zone, which allow the water department to be able to do their unidirectional flushing. So, it helps the water department with our next program, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Can I ask you a dumb question? Tracey: Uh-huh. Bird: Why is the construction manager not in the construction cost, it's in the design cost? Warren? Stewart: Yeah. Madam Mayor, Councilman Bird, this is also something I was going to talk to you about in the summary part of this project, but in any kind of a design of a project there are, essentially, three segments. You have got the conceptual design or piloting part where you're trying to figure out what you're going to build and how you're going to do it. You have the actual design and, then, you have services during construction or SDC's. There is three separate phases. In some very straightforward and easy to -- to envision projects we actually include the services during construction in the task order, along with the final design. If you have got a situation where the design is more complex and you're not really sure what that's going to entail, we prefer not to include services during construction, because it's really a big swag at that point and we often get numbers that are really exaggerated or really high, because consultants are just guessing at what they are going to spend. So, in those types of situations we typically just ask them to prepare a final design fee for us and, then, once the plans and specifications are done we ask them to come back and give us a services during construction dollar amount. Bird: I understand that. Okay. Thank you. Meridian City Council February 7, 2017 Page 62 of 89 Tracey: And this project -- we initiated this project in November of 2014 and we knew we weren't going to be able to build it until 2016, so that was why we held off on those. Bird: I understand that. Thank you. Tracey: The next project they have is, again, on Ten Mile, ACHD projects, Cherry to Ustick. The project was primarily ACHD ran. We -- we relocated some -- realigned utilities, widen the road and part of that project relocated about 20 different locations. We had to adjust our water mains to -- to support the new installation of storm drains from ACHD. And we also extended the reuse line -- I believe it's a 12 inch reuse line. We extended it out towards the golf course to get it further into the subdivision. We originally had a design cost of 11,000 dollars. Again, 2,700 dollars additional work, that was for construction services on this one as well, for a total design of a little over 13,000. Original construction contract was almost 100,000. The additional work of 19,000. Primarily that was for -- we found there was a broken manhole out in the middle of the road towards the end of construction. We had to repair that -- repair the asphalt. We had to adjust additional -- we found some additional water valves that were in there that weren't in the plans. So, total project cost was 132,000 dollars. Also part of the stuff that the engineering division does is water and sewer replacement program. As you know, as water lines and sewer lines age we need to -- we have a priority system, either they are old, we found out that we have breaks in them, we have water intrusion or they just come up on the maintenance cycle that need too much maintenance on it, so we need to replace it. So, that's kind of what our water and sewer replacement program is. A couple of projects we are going to talk about here is the Elm Place, a little cul-de-sac off of Linder, and, then, sewer main on 2nd Street. De Weerd: That was fun, huh? Tracey: It was. Actually, I believe Garrett is going to come talk about 2nd Street. The water line replacement on Elm Street was a pretty short project, 462 feet. It was a small cul-de-sac. One of those systems where it was an undersized, out- of-date four inch water main, so we upgraded that to an eight inch main and installed a new fire hydrant at the end of the cul-de-sac. That was -- that is another reason that we update the cul-de-sacs is to allow the water department to have a better flushing program, so they can flush straight out of the hydrant, as well as better access for the fire -- fire department for fire safety. Original design on this was almost 17,000 dollars. No additional work change orders. Original construction was 109,000 dollars. We saved 400 dollars, because the water lines between the water meters and the houses was good, so we didn't have to replace those pieces. So, we had a total of 126,000 dollars. Next is 2nd Street. De Weerd: See, so far I think Dean's the only one who has saved money. I'm just saying. Meridian City Council February 7, 2017 Page 63 of 89 Nelson: Madam Mayor, Members of Council, Garrett Nelson, staff engineer in the Public Works Department. I'm going to talk to you a little bit tonight about Northwest 2nd Street. This project involved the replacement of 1,250 linear feet of water main and services and also installed 250 linear fee t of new sewer main and sewer services. The original design on this contract was 68,700. We had 6,500 dollars in change orders, for a total design of 75,200. Our original construction cost 478,900. Small amount of additional work was added to that for a total of 484,200 and a total project cost of 559,300 dollars. To complement our water and sewer replacements program we have our water and sewer extensions program. We completed two significant projects within this realm , the Ashford Greens sewer trunk project and water line extension of Amity and Meridian Road from Locust Grove to West Harris Street . I was project manager on the Ashford Greens trunk sewer project. This project included the abandonment of the existing Ashford Greens lift station. This improved the operation of our North Black Cat regional lift station. Part of this project -- the majority of this project included the installation of 3,800 feet of 18 inch sewer trunk line. The picture kind of shows some of the utility conflicts we ru n into, especially when you're 25 plus feet deep in the middle of Black Cat Road. So, this project had an original design of 60,100 dollars. There were 27,100 dollars worth of change orders. Those were related to this project. Started design several years ago, but the funding wasn't approved for construction up until this last fiscal year. So, there is some modifications that had to be made. For total design of 87,200. Our construction original contract, 1.1 million. We had 118,000 dollars worth of change orders. This was related to high ground water and unsuitable material as we were excavating in Black Cat Road. As I said before, we were 25 feet deep and that road had never been excavated to that depth before, so we really didn't know what we were getting into until we did and it was in the late winter, early spring, so you imagine this time of year -- we were fortunate to do it last year and not this year. So, our construction total is 1.2 million. Total project cost of 1.3 million. Bird: Can I ask you a question? Nelson: Absolutely, Councilman Bird. Bird: We redoing these -- I'm sorry, Tammy. Redoing these, do we have as-built drawings from when these were installed this far back? And, if so, how accurate are they? Now -- could I -- I feel they should be accurate. When they are drawn and these are put in, these contractors should be made to have an accurate drawing -- the footage and everything should be right there , so that when you guys go out you're not guessing all the time. I understand if things change 25 feet underneath the ground at times, but these -- these as -- it should be the same as any building. You should be able to go 25 years from now and exactly see how every window is installed in this building by an as built and it should be that way on these and I know that we have improved the as builts -- this one has Meridian City Council February 7, 2017 Page 64 of 89 come on and stuff , but I was just wondering on these older ones is there as builts at all? Nelson: Councilmen Bird, yeah, that's a good question. They are as built drawings of, you know, say on this case the lift station at Ashford Greens and, then, also, of course, the North Black Cat lift station. However, in between we are working in a native area and one thing we don't record on as -built drawings are soil conditions. So, in this case we -- we didn't have an idea. ACHD -- no other utility had excavated to that depth or at all in the middle of that roadway and so it was a little bit of exploration, for lack of a better term -- Bird: And I understand when it comes -- Nelson: -- in that case, so -- but as we complete projects like this we get detailed as-built drawings that will reflect what we discovered and what we install. Bird: Good. Thank you. De Weerd: Was it an indication, though -- because isn't the lift station about a mile or mile and a half in there and -- I mean that thing floated. So, you know what the -- the water level was up north of there. Nelson: Yes. Madam Mayor, we ran into -- it was -- it was a pretty unique situation out there. So, we started construction on the far north end at North Black Cat lift station, which if you're familiar, is on the north side of the creek. We actually started on the south end of the -- or on the south side of the creek, because there was a stub line already in place and, then, we started going south from point for by 1,800 linear feet is where we really ran into the problems. What we discovered is adjacent to that is a -- is a major field drain and, then, there is also an irrigation crossing that comes in and all of that natural groundwater flow trickles through into that field drain and, then, percolates through and into our trench. So, as soon as we passed that field drain and started going further south, we hit really nice sandy cobble soil all the way down to Ashford Greens and we were in good condition. So, it was only the first about 1,800 feet in the roadway. Bird: Thank you. Stewart: Madam Mayor -- De Weerd: Warren. Stewart: -- and Councilman Bird. It's also important -- I think in this case it's important to note that for the vast majority of this 3,800 feet we didn't have any utilities in there previously. The only utilities that were there would have been phone and power and cable -- Meridian City Council February 7, 2017 Page 65 of 89 De Weerd: And they are pretty shallow. Stewart: -- which -- which -- yeah. And we don't have good as-built information for those and even on our own stuff -- the older stuff, Councilman Bird, all it says is there is a water line here. Since we have started to use GIS now to locate stuff, our as-built maps have gotten much better. But if you go back and look at lot -- at a lot of the old as-built information for the city, like the 2nd Street project and some of those projects in old downtown, it's -- it's just -- you might find what they have on the plans, but, then, again, you might not. Bird: They had an employee that kept it in his head for good reason. De Weerd: You never know what you find. Thank you. Bird: Thank you very much. Hale: Madam Mayor, Members of Council, my name is Jared Hale and I was the project manager for the water main extension in Amity and Meridian Road from Locust Grove to Harris Street. We installed a mile of 16 inch water main in Amity from Locust Grove to Meridian Road. About a half a mile of 12 inch water main in Meridian from Amity to Harris Street. And, then, 700 linear feet of water main in Harris Street. In this project we cooperated with West Ada School District on the design and construction of water service and a fire sprinkler line from Mary McPherson Elementary. We stubbed a 16-inch main to the Citadel Storage site. And, then, they will bring it to their property -- to and through. And, then, we will eventually hook that up to our future ground reservoir number four and, then, Biltmore Subdivision No. 3, they will be able to tie onto that 12 inch that we installed in Harris to meet their fire flow standards. The design cost for this project was 69,000. The construction cost was 705,200 dollars. And for a total project cost of 774,300 dollars. Any questions? De Weerd: Any questions? Hale: Thanks. De Weerd: Thank you. Dolsby: Madam Mayor, Members of the Council, Clint Dolsby. I'm here to introduce the wastewater projects. I was also the project manager on the first couple. We completed eight projects at the wastewater treatment plant or the wastewater resource recovery facility, depending on which name you would like to use. First project was the dissolved air flotation thickener recoating project. So, there is a mechanism inside here. We don't have a very good picture that shows the entire mechanism, because it's underneath the water level there. About every ten years the coating on that mechanism needs to be redone, just to Meridian City Council February 7, 2017 Page 66 of 89 extend the life of it and it had been about ten years since we put it in, so it was time to redo the coating of the mechanism on this -- on this thickener. So, original design contract was 12,000. We didn't have any change orders. The original construction contract on this project was about 77,000 with no change orders, with the total project cost of just shy of 89,000 dollars. Next project we completed was the generator load bank installation at the wastewater resource recovery facility. Prior to the completion of this project every time you wanted to test the generators out at the wastewater plant we had to shut the power down to the whole plant, which was a major inconvenience. It's not something you want to do -- ever do out at the plant if you can get away with it. Then we would have to shut the power down again after the test s were completed to turn the plant back on, so to speak. So, we installed this load bank so that we could test these generators offline and not disturb the plant power any more than we actually have to, so -- original design contract for this was just over 12,000 with no change orders and the construction was 61,700 dollars. No change orders as well. For a total project cost of 74,200 dollars. De Weerd: Those two projects -- impressive. No change orders. Additional work. Way to go, Clint. Hale: Madam Mayor, Members of Council, I was the project manager for the pressurized filter of Building B crane. This project we procured and installed a five ton crane and the crane will be used to pull pumps for repair and maintenance and also to be able to replace them. Included in the design cost, we designed a half ton crane for Building A, the pressurized filter building, and so we plan on constructing that in the fiscal year '18. So, the design cost was the 29,300. Construction cost 75,700. For a total project cost of 105,000 dollars. De Weerd: Thank you, Jared. I'm catching this theme. The above ground stays predictable. The below ground not so much. Skoro: Hello. De Weerd: Hi, Emily. Skoro: Madam Mayor, Members of Council. My name is Emily Skoro and I was the project manager for both of digester four, five PLC and, then, PLC two, three and four upgrade projects. Operations relies on PLCs to help run critical processes throughout the plant. The PLC acts as the brain of the system and makes process decisions based off the state of the input device and its programming to get a desired output. The total project cost of the digester four, five PLC was 228.7 thousand dollars. The total project cost for PLC two, three and four was 637.8 thousand dollars. I'm also the project manager on the UV disinfection improvement project. The UV system needed to be expanded to accommodate future flow and load conditions as the city grows. Additional UV capacity was also needed to improve the maintenance of the UV system . By Meridian City Council February 7, 2017 Page 67 of 89 increasing the UV system capacity plant stuff will have the adequately treat peak flows through up to three channels while allowing the fourth channel to be shut down for maintenance activities, increase disinfection capacity will ensure that the required UV dose can be delivered while maintaining compliance of the NPDES permit requirements. During construction it was discovered that there was an engineering error with the design of the Parshall flume and effluent pipe. After this engineering error was discovered, the project engineer redesigned the flume and the effluent pipe and paid for all expen ses associated with the reconstruction efforts. The total product design cost was 441.7 thousand dollars. The total construction cost was 3.5 million dollars, of which 310,000 dollars was paid for by the design engineer. The total project cost is 3.9 million dollars. During the UV construction process it was determined that additional outfall channel scour protection was required. A work change directive was given to the original project contractor for pricing. The price submitted was much higher than anticipated. Therefore, it was decided to wait and rebid the portion of this project at a later date. The project was rebid and the new bid saved the city 100,000 dollars over the previous construction quote. The total construction cost was 63.5 thousand dollars. Thank you. De Weerd: Good job. Bird: Emily? Excuse me, Madam Mayor. Skoro: Councilman. Bird: I see that design team give back 311,000 out of the 441. Skoro: Three hundred and eleven. That was -- ended up in the end being the total cost for the reconstruction efforts. Bird: Okay. So, they give back a hundred and some thousand? Skoro: They gave -- they are going to give back 311. Bird: Oh. Okay. That's what I thought I was reading. Skoro: Yeah. Yes, sir. Bird: That's pretty nice. That's pretty good. Skoro: It was a good thing. Bird: They make a mistake -- Skoro: And they paid for it. They did. They handled it very well. Meridian City Council February 7, 2017 Page 68 of 89 Bird: Good. Thank you. Nelson: Madam Mayor, Members of the Council, Garrett Nelson again. I'm going to speak to you about the South Black Cat pressure sewer commissioning project. This project was the precursor to this year's South Black Cat lift station upgrades project. This project included the installation of air vacuum relief valves on our 18 inch pressure sewer main and pressure testing of that main line, as well as preparation for startup services. The original design contract was 16,900 dollars. We had 2,000 dollars in change orders. For a total of 18,900. Construction 29,300. And a total of 35,100. We had some additional work. We replaced some brackets in the air vac vaults for the existing ten inch pressure sewer main. While they were in there doing the work for the 18 inch pressure sewer main it made sense to do it at the same time. Total project cost 54,000 dollars. Stewart: Madam Mayor, Members of the Council, I will try and summarize some of this in just one slide. So, you will appreciate that. So, to kind of summarize where we are at the end of 2016, we did complete a total of 19 projects. The original contract totals -- and this is something that Councilman Bird asked for, so this is a combination of both the design and construction fees. The original contract totals were a little over ten million -- 10.4 million dollars. The combined cost growth -- in other words, all the change orders both on the design side, on the construction cost side, was about 768,000 dollars. For a final design total of about 11.2 million dollars. If -- and now I want to kind of give you some idea from a -- sort of an industry standard where that performance lies. So, basically, the -- basically, the 768,000 dollars represents the total cost growth for both the design and construction of 6.85 percent. Now, the industry benchmarks say that somewhere between zero and five percent is best standard and between five and ten percent is in the good or acceptable range. Typically as we reported back to you in the past we have always been less than five percent and we have been down in that industry best category. This is the first year that we have had that number over that five percent amount. But I want to remind you that 311,000 of that six -- 768,000 dollars was paid for not by the city, but by a consulting engineer who made the mistake. If you back that number out, the city's portion that we paid for -- we only had a four point -- a four percent cost growth overall on all the projects that we did and that is , again, within that industry best standard. So, I think overall you saw some of the projects had little higher numbers than you would like to see. Some of them had great numbers. But overall the performance of the project management staff has been very good in managing cost growth on these projects. De Weerd: Warren, can you tell me in best practices -- as you have seen -- because of the nature of the work that you're doing with the unknown underground, what typically is that number? Stewart: For us? Meridian City Council February 7, 2017 Page 69 of 89 De Weerd: No. Stewart: Across the -- well, like I said, if you look at cost growth overall in the industry, the numbers that I have seen, we are doing very, very well. I can't remember the statistic offhand, but there was a -- a number that was generated by the National Institute of Traffic Engineering on cost growth overall on -- on public works transportation projects. It was -- it was significantly higher than that. I want to say it's like 20 percent. But it depends on the size of the project. They had it broken down into two segments, under a certain threshold and over a certain threshold. But we perform very, very well. Like very good if you were to compare that number with other municipalities and so forth. I know not too many years ago most of us -- and we will probably send some more of that this year. There is an organization called PSMJ that does training for municipalities on how to manage public works projects. One of the instructors on that, who has -- you know, is quite nationally renowned for the work that he has done and the success that he has had and his wife both. He talks about how he went to work for a drainage district in Arizona, a flood control and drainage district, and he was able to bring that cost growth number to under five percent and how he was -- that was extremely good and he was pretty proud of that accomplishment and we are there and have been for several years. This -- even at four percent, that's one of the higher numbers that we have had over the past five years that we have been keeping track of this. So, I think overall these guys are trying very hard to keep costs at a minimum and they are making sure that we are not, you know, paying for things that we shouldn't be paying for. You hit -- hit it on the head I think, Mayor, when you said it's -- it's much easier to accurately get -- get things right when you can see everything and you know exactly what you're going to encounter. When you start going underground, you're going to run into some unexpected things. You know, somebody's going to say, well, that pipe is here and you get down there and it's a foot higher. Well, if that's where your sewer has to go, that's a problem. But it has to be corrected. So, we run into these kind of things all the time. Soil conditions, like Garrett said, big issue on that one project. We got down to the bottom of that trench, the soil borings, if you just went down through the road, which we did, we went ahead, did the soil borings down the road, they pulled up the material and said, you know, it gravely material, it should be fine. Well, it doesn't tell you how much saturation exists in that material. So, then, when you get down there and you realize how saturated it was, it's just soup. Even though it's gravely material it was just soup. So, it required a lot of extra material be brought in in order to make that work. So, some of these things just cost -- the cost goes -- cost to change. But I think overall we have done a nice job in trying to manage that. De Weerd: Agreed. Stewart: Thank you. One of the other things that I think maybe Councilman Bird was interested in when he asked us to make sure that we include in design cost Meridian City Council February 7, 2017 Page 70 of 89 was this number -- the last number that I have up here on the screen, which is the designing cost. So, if you take into account what the design costs were as a total cost of construction, the average on all of our projects was 18 percent. Industry standards says if you include the conceptual phase of the design, the final design cost, as well as services during construction or SVCs, which I have talked about those three components, that those numbers should fall within 15 to 20 percent of the overall cost of the project. That's the acceptable range. And we are there. But I will tell you that that number, too, is a little bit deceiving, because as Kyle alluded to before on something you brought out, this year you saw a significant number of projects which were SCADA-related and technology- related at the PRVs and well heads and so forth. When we do those projects, they design that work, they hire a contractor who goes out installs all of the equipment and, then, there is a piece of that which is a significant part of construction, which is for a guy to go out there and program all of that so that it talks to each other and we can get that information back to the water department, back to the sewer department on our SCADA system, so we can control it. That component really belongs in the construction phase of the project. It's part of the construction to get that equipment to work. But because it's often performed by a consultant in many cases historically this year we included it in the design costs and it made those design costs look very high as a percentage of the overall construction. In the future we will make sure that that component is spelled out in the scope separately and can be accurately reflected in the construction costs. I took a look at that and tried to make some estimates of how much that would affect this number and I think if we were to back those out and put those into the construction costs, you would find that that number is down around the 15 percent or below, which put us, again, in that industry best area. So, that's just one thing that kind of affected these numbers . It's the first time we had run the numbers and presented this information to you. So, we will try and make sure that we separate those costs a little better in the future and, then, we can more accurately reflect that information to you in the future. Bird: Thank you. Stewart: So, that's kind of the summary on this. I have one more slide where I would like to just kind of talk briefly about some of the things that the staff was involved in that were significant, that I think are important that you guys are aware of that may not fall under capital construction and, hopefully, I can make that work. Yeah. So, there was a few key accomplishments. One of them was the improvements that were made to the well drilling standard s. So, Kyle, as you know, led an effort to try and get an area of drilling concern for the City of Meridian. We didn't quite get there. But what we did get was a commitment from the Department of Water Resources to use the administrative rules that they already have in place to make sure that they required well construction to be more protective of the aquifer that we draw our water f rom. So, I think that was a huge win. He was also able to get a water rights transfer through that will allow us to withdraw the water right from one well in any of the other wells we have Meridian City Council February 7, 2017 Page 71 of 89 throughout the city. Now, that is a significant benefit to us. If we have a well go down we can still utilize that water right. If we have other hardships that may come along it allows us to be able to be flexible in where and how we -- we use those wells to provide the best quality water to our customers at any given time. So, I think that's another significant accomplishment. We also completed and implemented the design standards, which will be a significant help and aid to our consulting engineers in allowing them to be able to submit plans more efficiently and effectively for review and approval to the City of Meridian. We also played a significant role in another successful Public Works Week, which takes a fair amount of time. We also worked on an agreement with Ada County Highway District on our sewer and water line replacement projects. A lot of these are in the old downtown area. A lot of the streets that we put these in are in pretty poor repair and in the past we have gone in there and put these sewer and water lines in and, then, ACHD comes along and says, you know what, instead of just a patch down there, this road is in bad enough shape, you got to replace the entire roadway and it really jacks up the asphalt costs and we don't always -- they don't always tell us that until we get out there and actually doing the construction, they say, you know, the road's falling apart, you're going to have to replace the whole thing, even though that's not what the plan said when we got them approved through them. So, we now have a process whereby we submit all of our projects for the coming year to them early on . They review that to see if that roadway -- and they actually go out and do an evaluation to see if they need to do improvements to the road. If they do we work together on a joint project. Therefore, they pay for the asphalt repair that's outside of our trench that we are installing and it saves the city a bunch of money, because we don't have a bunch of asphalt cost that we didn't -- didn't expect and didn't want to pay for. So, that's significant. It saves the city some money. We also started three multi-year projects that are significant for the city. One of those was the south Meridian sewer main extension down Meridian Road, which is part of the south Meridian annexations. We are making progress. I don't know if you have been out that way, but they were actually mobilizing on Meridian Road this morning as I was coming into work, so they are going to start construction here very soon in -- at the intersection of Victory and -- and Meridian Road and start bringing that sewer up and across the Ridenbaugh Canal. So, it's going to be in some phases, so you will see that segment first and, then, the other phases will follow. But that work is starting. And, then, we also have the capacity upgrades, which you have heard a little bit about, which was a significant three year project and it's going to allow us to continue to grow and to meet our demands for growth, as well meet our NPDES permit requirements and the new headworks project where we are going to upgrade and replace the headworks out at the treatment plant, so that we can accommodate the growth and hopefully that will also allow us to have a little bit more peace of mind in these really rain-snow events and we won't have to be out there until 3:00 in the morning worried about how we are going to keep all the flow going through the plant. Jokingly, the staff -- we joked around that we also were able to successfully, you know, transport our Public Works director to Minot, North Dakota. But I didn't put that on here. That -- I don't know if you Meridian City Council February 7, 2017 Page 72 of 89 would call that an accomplishment or not. But, anyway, we had a little fun with that one. But, anyway, I will leave it with that and stand for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I do have one more question, Warren. Water rights transfer. When -- when we annex property that has a well on it, do we not get the water rights on that if it's a community well or something, even though it might not be a good well or something, don't we get the rights? Stewart: Madam Mayor, Councilman Bird, we don't. Not necessarily. Unless they give them to us. Unless that’s part of an agreement. So, they can keep that well -- the developer, if we wants to, can keep that well and utilize it for irrigation purposes. He can't use it to serve domestic. We restrict that. But he can use it for irrigation purposes or he could sell that water right to anybody. That's -- that's a piece of private property, which we don't acquire just beca use we annexed it. He can sell it or use it in another way. Bird: That's something that we need to get back in the practice of doing as we annex and trying to talk them into that. I remember 15, 16 years ago we did that quite a bit and I -- but we was -- you know, there was a lot more wells out there. Stewart: Right. Bird: And I hate to see a good well used for irrigation when we need potable water. Stewart: Madam Mayor, Members of the Council, Councilman Bird, most of the time the wells that you would acquire as a development property or an irrigation well, are not constructed to DEQ standards, which would make it very difficult for us to use without basically reconstructing the well anyway. Bird: But to have the rights to me is -- is important. De Weerd: Well, I think that every municipality deals with this and I -- I do believe that because of our staff's focus on this we are in a better position than many municipalities are and -- and I appreciate that. Radek: Warren, if I could just make a comment on that. Madam Mayor, Council Members, Councilman Bird, you know, we look at that -- you know, as you all know, we are in a situation in Meridian where we have a bunch of surface water. So, when you have a 40, 80 acre parcel and there is a farmhouse there, there is no -- there is generally no well serving the -- the agriculture, it's -- it's a domestic well -- Meridian City Council February 7, 2017 Page 73 of 89 Bird: Yeah. Radek: -- that never got a water right usually and so -- and we have looked at a couple in the recent -- recent past that have been supplemental irrigation wells and we have discussed that with our water rights attorney Charlie Hunsinger and the supplemental water right usually are what they call stacked water rights and -- and they are not really available just to grab and make into municipal water rights. But as the Mayor kind of alluded to, we are -- we are in very good shape as far as the quantity of water rights we have -- municipal water rights in our portfolio moving forward, so -- Bird: Thank you, Kyle. De Weerd: And I -- and I really think that what's going on in -- in southeast Idaho is -- is concerning to many of the cities down in that area, but I know the speaker of the house is -- is very sympathetic to -- there is a water call that the municipalities have some protection on what happens at that point and it's a discussion in the legislature this year, a pretty deep one. Sorry. Any questions for Warren or the team? Again, thank you so much. We appreciate you staying and spending the evening with us. It's wonderful. Thank you. D. Fire Department: Treasure Valley Cooperative Fire Authority Interagency & Joint Powers Agreement De Weerd: Okay. Item 9-D. We are just rolling along here. The chief is up. I need to go get coffee. Niemeyer: Madam Mayor, Members of Council, thank you. I will -- you will be happy to know I have one slide . This is a presentation of Treasure Valley Cooperative Fire JPA that we have been working on for quite some time. Just an overview. We are certainly not foreign to these type of agreements. 1999, 18 years ago, we had a very similar agreement, almost verbatim in some of its intent, between the City of Meridian, the Meridian fire district and the Nampa fire district. At the time Mayor Corrie signed for the city, Marty Hill signed for the Meridian fire district, and, ironically, Ron Anderson signed for the Nampa fire district. He was the chairman of that commission at the time. Looking at that agreement 18 years ago, the intent was find areas of cooperation. Mutual aid. Automatic aid. Shared equipment. Shared training. So, that was 18 years ago. I don't know why -- I don't know the history of why that -- that eventually faded off into the sunset, but we also have a current example of a very similar also -- almost mirror agreement that's what's before you -- that's before you tonight and that is our EMS Joint Powers Agreement. Much of the language within this JPA mirrors our EMS JPA that we have had in place for the last four years. That Joint Powers Agreement I think we have shown is successful. We standardized protocols. No more arguments. The fire department has reduced its operating Meridian City Council February 7, 2017 Page 74 of 89 budget by 28,000 dollars annually as a part of being a part of that -- that EMS Joint Powers Agreement in Ada county. So, just -- the one side I have to -- to cover this and look to answer questions -- I will need your help there, C.Jay. So, this has been, essentially, a nine month project that we have been working on. This goes back to the fire chiefs getting together -- really saying where can we work together to potentially cut costs to our agencies , while still providing great service to each of our individual communities. We got the mayors involved early on. Mayor de Weerd, myself, Mayor Henry and at the time Chief Malott, as well as Mayor Nancolas and, then, Chief Wendelsdorf met at Olive Garden to discuss some of these concepts. How can we work together to benefit all of our communities, potentially cut cost or keep costs contained at least. Throughout this process we have also involved the attorneys for each one of our jurisdictions, our purchasing agents from each of our jurisdictions, as well as human resources from each of our jurisdictions. So, in a nutshell, to cover it briefly and, then, what I'm doing tonight is presenting this to you. Certainly would love to have approval tonight, but I understand that documents like this require some thought and some -- some review, so I would be happy to come back in two weeks if needed to discuss approval, if that's the direction of Council. And so what it is is a legal document allowing the participating departments that are named in the document to continue collaboration in the following specific -- very specific areas. The first one is joint testing, recruit academy. We did that last year. That was involving the same departments that are before you today in this agreement . That academy and that testing process proved to be very successful. It cut our costs, as opposed to holding a recruit academy on our own. By sharing in the cost of that, ensuring that our resources to make that academy happen. The second item or area of cooperation is centralized fleet maintenance and repair. This is actually an agreement that Council signed two years ago through an interagency agreement where we have centralized that maintenance and repair. That's done by the Star Fire Department. That continues to be the most cost-effective solution that we can find and also provides the best service . They have a certified mechanic that knows how to work on fire engines and so we still continue that today. Mutual and automatic aid. We want to solidify that agreement. That also includes looking in the future and where we are going to be putting future fire stations. The worst thing I can do as a fire chief with an adjoining fire chief is to build a station one mile apart. That doesn't make fiscal sense. It doesn't make response sense. So, collaborating on those things together does make sense. And assure capital improvement processes to include joint station design. This is something we have been discussing a lot lately. We are in the process in the future of going to be building a fire station and so is Caldwell. Architectural design for fire stations -- we really all have the same need. We need bays that are covered and heated. We need living quarters. We need a kitchen. We need a decontamination room. Those things don't change from jurisdiction to jurisdiction. That architectural design cost is typically ten percent of the project. So, if you assume a two million dollar build project, you know what you're paying for architectural desi gn. We believe as chiefs that we can come together and design one station and share in that cost of Meridian City Council February 7, 2017 Page 75 of 89 the architectural work. That is allowed for under the agreement to pursue those type of opportunities. In addition, as you know -- and we have talked about it before -- each one of us are designing fire stations -- or fire engines differently. I believe during the master planning process you heard the -- the folks that coordinated our event -- one was a former chief of Vancouver, Washington. Once they came together and designed a common design on fire engines, they saved 50,000 dollars per fire engine, because they were doing it together. That's a big ticket. Shared software when applicable. There are some software applications out there that do benefit all of us as fire departments that we can share in the cost in as opposed to going out and buying it individually and paying a much higher premium for those -- those type of software applications. I did speak with Dave Tiede about this and he understands that certainly there are some very specific fire department softwares that benefit all of our departments and doing that together does save in the cost. And, then, shared purchasing of equipment and supplies to obtain best pricing and achieve standardization. Best example I can give -- and we have seen this under the joint powers agreement for the EMS side and, in fact, in the budget process last year you approve d such an initiative. If you recall in the EMS Joint Powers Agreement we brought to you last year the approval for shared cost in a quality assurance individual for the entire EMS system. That is something that was required of us to do, but by sharing in the cost has significantly decreased our cost. It did not add the full FTE to the city. This is very similar when we are talking about equipment. There is some specialized equipment that we all need that could be very costly for each one of us to go and obtain, as opposed to sharing in the cost of that and, then, sharing that resource when we need it. And so we believe that there are some benefits there in looking at this specific aspect of the agreement. What it is not. Nowhere in this document -- it's not consolidation. It's not merger. It's not a release of local jurisdiction autonomy or control. I was asked by Councilman Borton -- he got a hold of me -- I had a meeting, so can you explain kind of this executive council language that is in there. As defined in the agreement the executive council is its name. It's simply us as fire chiefs. In the EMS JPA it's called the administrative council. You can really come up with a lot of different names. For us as chiefs that are getting together, if the agreement is signed and saying how do we pursue collaboration . So, that is what executive council means in the agreement. What it doesn't do is usurp any authority I have today under your direction as the Council under the direction of the Mayor. It does not give me any special privilege to spend money we don't have budget ed or to initiate policies that are -- aren't approved through the city or other processes that aren't given to me today under my authority through you and through the Mayor. Specific call out to the budgetary process. There is discussion in this agreement under Section 7.1 of budget, you will find the very similar language, if not exact, in the current EMS Joint Powers Agreement that we -- that we have been a part of. What that budget process -- and I will go back to that piece of equipment that we just discussed. If it's identified that we need a shared piece of equipment, we would develop a budget for that piece of equipment . However, we would still come to you as the authority for Meridian and the budgeting authority and say Meridian City Council February 7, 2017 Page 76 of 89 here is our share of that, is that something you approve or not. So, within the budget language under Section 7.1, it certainly doesn't give us authority to go spend money that has not been approved by the local jurisdiction . So, that process does not change. So, the word budget in there isn't meant to be a new budget with new authority and that usurps the process that -- that we go through every year in our budgeting process. I wanted to try and keep this brief. I know it's a long Council night. But at this point I would certainly entertain questions, comments, feedback, anything to bring back in two weeks if you would like me to come back in two weeks with this. De Weerd: Well, certainly I think it's important that you all look at it, see if there are any questions and -- and get those to the chief. If you want to sit down and have a conversation to better understand it, while it is the same as other joint powers agreements, the devil is always in the details and who is sitting around the table. Not to say we question who is sitting around the table. But I would suggest we put this back on in two weeks and -- and that gives you ample time to -- to really dive into it and see if you do have any additional questions . Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree a hundred percent with you, because I could keep us here until midnight and what I will do, I will get a hold of Mark and we will sit down and -- because I have got -- I have got a lot of questions. I think I can clear -- clear up his 1999 deal, why that went by the wayside. But I think in two weeks would be very good and I will get with Mark and we can have a discussion. Thank you. De Weerd: Okay. Anything further? Okay. Thank you, chief. Bird: Thanks, Mark, for sticking around. E. Parks and Recreation Department: Bainbridge Park Discussion 1. Reimbursement Agreement for Bainbridge Park between Brighton Development Incorporated and City of Meridian for a Not-to-Exceed Amount of $425,000 2. Budget Amendment for Bainbridge Park Construction for a Not-to-Exceed Amount of $577,184 3. Contract Agreement between City of Meridian and The Russell Corporation as Construction Manager for Bainbridge Park for a Not-to-Exceed Amount of $1,432,483 Meridian City Council February 7, 2017 Page 77 of 89 De Weerd: I, Mike. It's nice that you hung around for us. Barton: I wouldn't miss it for the world. Thank you. Hopefully we saved the best for last or last but not least. I'm not sure what it is. Caleb is go ing to queue up a couple of slides and we will just kind of dive right in here and -- so, what we are here to talk about this evening is -- is three parks -- three neighborhood parks and we gave you an update last July and we talked about design and we talked about budget and some of the cost estimates that were coming in and -- and how we budgeted and some of the numbers we used off our -- that we use for our park impact fees and that were set six or seven years ago during our last round of park construction that, obviously, costs have gone up, so we have -- we had contracts that were -- that we have in front of you and also budget numbers, you know, costs from when we open bids and we can just kind of dive -- dive through some of this quickly and -- there we go. Banbridge Park. If you're familiar with this, it's located off Ten Mile Road, North Meridian. It's in the Bainbridge Subdivision. We have gone to, you know, some of this theming stuff and this particular park has amenities for all ages, which we have -- we have tried to have these new parks be multi-generational, so there is something for the whole family to do. The total site is seven and a half acres. Restroom building. Picnic shelter. Playground. Outdoor fitness equipment. Game tables. Basketball courts. So, there really is something for -- for every age group and what -- what I did is I put together kind of a rundown of the -- the cost that we have. We have a contract in front of you this evening -- well, three contracts for the three parks that have a guaranteed maximum price in them and that has -- that has the contingency built into that guaranteed maximum price. It's our goal to deliver the project for less than that -- that price, but that is what the construction manager is telling us that that is what they will do the job for. So, we have pre-construction, architectural and engineering fees, owner provided items, site furnishings, which include game tables, litter receptacles -- on this one there is some gym equipment. There is park signs. There is all those items that the park staff puts together. We assemble and install with scout groups and volunteer projects and, then, own in-house items. So, we have a rundown of our available budget that we have right now. There is a budget amendment that we are asking for approval for for 577,184 and one thing that I would like to point out is that -- and it's the case with -- it's consistent with all these parts -- that we have leveraged a significant partnership and contributions from various people -- to this park in particular and the land was donated by the Brighton Corporation and we put a value of 35,000 dollars an acre on that, which is -- again, we are referring back to our park impact fee study that says that's what land is valued at and that was six or seven years ago and I'm assuming that a finished lot like this would be higher today, but we kind of plug that number in. Brighton Corporation has agreed to donate 425,000 dollars towards the construction of this park and that's one of the items that we are asking for approval for is that reimbursement agreement and , then, the other thing that they have agreed to do is they have agreed to upsize their pressurized irrigation pump system . So, the park is capable of just Meridian City Council February 7, 2017 Page 78 of 89 connecting into the pressure irrigation system for the HOA and we put that value at 150. If we had to install our own pump and wet well and all the apparatus that goes with that -- so, pretty significant contribution. So, as you can see from this that, you know, our costs on this particular park we have -- we have netted out at 213,000 dollars per acre, which is higher than the 142, but it's kind of right on where our estimates said we were going to be and we have done a good job leveraging partnerships. So, what we were seeking approval for tonight is the reimbursement agreement for the Brighton Corporation for 425,000 . We are also asking for approval of the budget amendment from park impact fees for the 577,184 and, then, also approval of the guaranteed maximum price contract from the Russell Corporation to construct the park and with that I will stand for questions. De Weerd: Mike, when you came last summer and -- and talked about the cost estimates that you were given, this is coming in below what you thought, wasn't it? Barton: This one is -- so, Madam Mayor -- great question. So, the estimate that we got last summer was for 1,484,152. Slightly less. De Weerd: Hey. Barton: So -- De Weerd: Below is below, you know. Barton: So the other thing that we tried to do with -- with all three of these parks is -- is kind of leverage timing with, you know, bidding, climate, when every -- all the contractors had their equipment parked and they were frozen out, we put these parks out to bid in the middle of December and opened bids in the middle of January. So, we think we kind of hit the sweet spot where we could get some -- as favorable pricing as we possibly could. De Weerd: Council, any questions? Okay. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move we approve the reimbursement agreement from Bainbridge between Brighton and the City of Meridian for a not to exceed 425,000 and the budget amendment for Bainbridge Park construction not to exceed 577,184 and the contract agreement with a guaranteed not to exceed amount of 1,432,483. Cavener: Second. Meridian City Council February 7, 2017 Page 79 of 89 De Weerd: I have a motion and a second. Any discussion from Council? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Parks and Recreation Department: Reta Huskey Park Discussion 1. Budget Amendment for Reta Huskey Park Construction for a Not-to-Exceed Amount of $103,857 2. Contract Agreement between City of Meridian and Engineered Structures, Inc. as Construction Manager for Reta Huskey Park for a Not-to-Exceed Amount of $1,336,327 Barton: So, the next one is Rita Huskey Park, which is located in the Bellano Creek Subdivision just north of Ustick on Ten Mile Road and -- De Weerd: Across from the sewage treatment plant. Barton: Across from the sewer treatment plant. If you remember, the park layout -- there is three pickleball courts, playground, basketball -- this is the park that has the connected picnic shelter and restroom layout. There is a couple of pieces of fitness equipment, walking trails, and open grass -- again, kind of that multi-generational theme to the park and I have put together the same format with -- that breaks down the cost for us, the guaranteed maximum price. The Creason Tiling works that is material only. Architectural and engineering and, then, those owner provided items, site amenities, site furnishings. So, our available budget is 1,445,593. We are 103,000 dollars 847 short that we are asking approval for a budget amendment and as well as -- as the Bainbridge Park, we have been able to leverage some contributions and partnerships on this one as well and Coleman Homes has donated to the city eight and a half acres, then, we put that value at 35,000 an acre, so you have the 297 number. Nampa- Meridian Irrigation District said that they would use their crews to tile that Creason Lateral to -- they installed almost a thousand feet of 48 inch pipe with their crews and they -- they are almost done. They need to build the boxes and -- and we said -- I have heard prices of 48 inch pipe, labor and material being about 200 dollars a foot, so I valued -- I valued our -- you know, the hundred thousand labor and 74,000 for material is right -- it's less than that, but it's a little Meridian City Council February 7, 2017 Page 80 of 89 conservative, but still I mean it's a significant contribution from Nampa-Meridian Irrigation District. Coleman Homes is also paving a significant amount of pathways in the park. They are connecting the Five Mile Creek pathway from Bridgetower to Ten Mile and, then, they are also building a ten foot, multi-use path from that Five Mile Creek up into the site and they have connected that to Bridgetower through the top of the park. The other thing that Coleman Homes agreed to is they are going to reimburse us 44,000 dollars for -- for the park actual engineering. So, we have 500,000 -- 516,000 dollars worth of partnerships and contributions, which brings our cost per acre down to 182,288. So, with that, we are requesting approval of the budget amendment from park impact fees for 103,857 and, then, approval of the guaranteed maximum price amendment from Engineered Structures, Inc., for the park construction. I will add that with this park right now we -- the city does not own the lot. The final plat is -- has been signed by the city -- I think a week and a half ago and it's been sent to the county for signature on the final plat. So, once we get -- De Weerd: And we just heard there is a big backlog. Barton: Right. We just heard there is a backlog. So, we are thinking that it's been there a week and a half, maybe by the end of the month, but what we -- what we would like to do -- and we go this by Legal and Purchasing -- is approve the contract and, then, wait to give them notice to proceed until we own the lot . The irrigation that we -- we have a donation agreement that's been signed by both Coleman Homes, which is now Toll Brothers and the city. So, all the terms and conditions of the donation have been defined . We are waiting on the signature for the final plan. So, with that I will stand for questions. De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for Legal. It seems interesting. It seems foreign to me. It doesn't mean the city has done in the past -- Nary: Madam Mayor, Members of the Council, Council Member Cavener. Well, we had a discussion about proceeding on property that we don't own. We are not suggesting you proceed on the property you don't own, it's so that you don't have to have another meeting to approve the contract to, then, proceed on the contract. So, our -- we had this discussion, myself and Ted and as well as with Mike, so we aren't really deviating from any other prior practice where we still are proceeding until we own it. We are just -- we are just getting all of the -- agreements done, because we can always cancel the agreement if necessary. If something were to fall through we can always cancel that. Meridian City Council February 7, 2017 Page 81 of 89 De Weerd: Any further questions? Mrs. Little Roberts. Little Roberts: Madam Mayor. I move we approve the budget amendment for Rita Huskey Park construction, not to exceed the amount of 103,300 and -- or excuse me -- 857 and the contract agreement between the city and ESI's construction manager for the park not to exceed 1,336 dollars and -- excuse me -- 333 -- 336 -- okay. I'm tired. 327. But that we wait to proceed until we own the lot. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: There is some energy behind those votes. Barton: Yeah. De Weerd: Okay. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. Parks and Recreation Department: Hillsdale Park Discussion 1. Budget Amendment for Hillsdale Park Construction for a Not-to-Exceed Amount of $280,618 2. Contract Agreement between City of Meridian and The Russell Corporation as Construction Manager for Hillsdale Park for a Not-to-Exceed Amount of $1,551,754 Barton: Getting down to the end here. The next one on the list is Hillsdale Park. This is the one that's next to the future YMCA and Hillsdale Elementary School in south Meridian. It's been a while since you have seen the park design, but it's a little over ten acres. There is a loop walking path with fitness equipment around it. There is a small -- it's not a splash pad, but it's a couple of hoops that kids can run through and activate it and two picnic shelt ers. The John Deere tractor playground that Marty is -- Marty Hill is in love with and some internal circulation with concrete and different site amenities. Agricultural theme to this. Marty's brands up in the shelter and some -- some really cool stuff going on. So, same format with the breakdown, the guaranteed maximum price at preconstruction. Any owner provided site furnishings and, then, we broke out owner -provided Meridian City Council February 7, 2017 Page 82 of 89 trees and that will make sense in the donation area. So, we have an existing budget of 1,449,642. We are asking approval for a budget amendment of 280,618. The contributions and partnerships -- we have a land donation of ten acres from -- it's going to be from the YMCA, but it really came from Marty Hill to begin with. We have -- a tree donation from Jayker Wholesale Nursery for almost 10,000 dollars and if we -- we factored in the park parking lot that we are not going to build, because we are going to utilize the YMCA and the school parking lot. We figured that if we were to build 30 spaces at -- to serve a ten acre park, that we put a value of 4,000 dollars a parking space on that. So, we -- that's how we arrived at that number. So, the contributions and partnerships on this are close to 500,000 -- 479,576, for a cost of 173,000 dollars per acre. De Weerd: Council, any questions? Okay. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move we approve the budget amendment for Hillsdale Park construction for a not to exceed amount of 280,618 and contract agreement between the City of Meridian and Russell Corp for the construction management of Hillsdale Park not to exceed 1,551,754 dollars. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Thank you, Mike. Barton: Thank you very much. De Weerd: Okay. Item 10-A is Ordinance 17-1721. Mr. Clerk, will you, please, read this by title. Item 10: Ordinances A. Ordinance No. 17-1721: An Ordinance (H-2016-0120 Black Cat and Chinden) FOR ANNEXATION OF A PARCEL OF LAND BEING LOT 1, BLOCK 1 OF RAMBO Meridian City Council February 7, 2017 Page 83 of 89 SUBDIVISION AS FILED IN BOOK 63 OF PLATS AT PAGES 6368 AND 6369, RECORDS OF ADA COUNTY, IDAHO AND A PORTION OF THE NW ¼ OF THE NW ¼ OF SECTION 27, ALL LOCATED IN THE NW ¼ OF THE NW ¼ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT “A” AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO L-O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1721: An Ordinance file number H-2016-0120, Black Cat and Chinden, for annexation of a parcel of land being Lot 1, Block 1, of Rambo Subdivision, as filed in Book 63 of Plats at Pages 6368 and 6369, Records of Ada County, Idaho, and a portion of the NW ¼ of the NW ¼ of Section 27, all located in the NW ¼ of the NW ¼ of Section 27, Township 4 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian; establishing and determining the land use zoning classification of said lands from RUT to L-O (Limited Office District) in the Meridian City Code; providing that copies of this Ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and The Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: Thank you. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 17-1721 with suspension of rules. Meridian City Council February 7, 2017 Page 84 of 89 Cavener: Second. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 10-A. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 17-1722: An Ordinance (H-2016-0112 Movado Estates Subdivision) FOR ANNEXATION FOR A PARCEL LOCATED IN THE NE ¼ OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT “A” AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) (58.64 ACRES) AND R-15 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT)(44.05 ACRES) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. De Weerd: Item 10-B is Ordinance 17-1722. Mr. Clerk. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1722: An ordinance file number H-2016-0112, Movado Estates Subdivision, for annexation for a parcel located in the NE ¼ of Section 21, Township 3 North, Range 1 East, Boise meridian, Ada county, Idaho, as described in Attachment “A” and Meridian City Council February 7, 2017 Page 85 of 89 annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian; establishing and determining the land use zoning classification of said lands from RUT to R-8 (Medium Density Residential District) (58.64 acres) and R-15 (Medium High Density Residential District) (44.05 acres) in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: Council, do I have a motion on this item? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 17-1722 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve Item 10-B. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Ordinance No. 17-1723: An Ordinance (H-2016-0111 – Linder Road Apartments) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE NW ¼ OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT “A” AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL) DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA Meridian City Council February 7, 2017 Page 86 of 89 COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. De Weerd: Item 10-C is Ordinance 17-1723. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1723: An Ordinance file number H-2016-0111, Linder Road Apartments, for annexation and rezone of a parcel of land located in the NW ¼ of Section 24, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of said lands from RUT to R-15 (Medium High Density Residential Districts) in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: You have heard Item 10-C read by title. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 17-1723 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve 10 -C. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11: Future Meeting Topics De Weerd: Any items for Item 11? Any items for Item 11? Meridian City Council February 7, 2017 Page 87 of 89 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Madam Mayor, thank you for having members of ACHD here tonight. I think having some feedback from them was insightful. I was hoping that maybe we could invite a representative from ACHD either President Woods or one of the staff members prior to our budget season and maybe prior to theirs to provide an update on the lessons learned that they have discussed in light of this recent storm. There may be some budget impacts for us in future years and I would love to hear what their thoughts are before our budget hearing. De Weerd: I think that would be excellent, because I -- I do think there is additional conversation needed on the sidewalk issue, as you probably read in the article about the enforcement aspect of it, I know our Police Department has concerns and so does our Legal team on the enforcement of -- of shoveling your sidewalk. So, they are -- we have already had some of that discussion and I do think it needs to come back. Cavener: Great. De Weerd: Okay. Cavener: One more thing, Madam Mayor, if I may have a quick moment of privilege. I was able to attend Councilman Ismael Fernandez's funeral last Friday representing the City of Meridian. I had the great pleasure of working with Councilman Fernandez on the VRT board. As a young leader, one who -- he and I had spirited conversations often on opposite sides of many issues . His presence will be lost. I think he is a great representation of what young leaders are and just an encouragement to all of us to wear your seatbelt. He will be missed. De Weerd: You know -- and he had his seatbelt on. Cavener: Madam Mayor, from what I have heard from the insurance company is that the official file -- what was reported in the newspaper that he was wearing a seatbelt, that in all actuality he was not. It's just disheartening to hear. De Weerd: That is. Bird: Do they have any idea why he veered over the center line or anything? I know he wasn't drinking. Cavener: It was not something that I had -- had looked into directly. Meridian City Council February 7, 2017 Page 88 of 89 De Weerd: Well, thank you for representing our city and conveying our -- our condolences. It was a big loss. He has come to several of our MYAC meetings. Huge advocate for the anti-bully type of activities and certainly in prevention activities as it relates to suicide, so I appreciate that. Item 12: Amended Executive Session per Idaho State Code 74-206(1)(f) and 74-206(1)(d); (f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation; (d): To consider records that are exempt from disclosure as provided in chapter 1, Title 74, Idaho Code. De Weerd: Item 12 is our Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before I make the motion, I want to say thank you to two of our Councilmen that went out -- De Weerd: And shoveled. Bird: -- on a distress call from a citizen and shoveled the snow off a sidewalk. Thank you two young guys. De Weerd: Yeah. You young -- young bucks. Bird: And next it snows you can come over to my house. De Weerd: We are going to hire you out, actually. Palmer: Madam Mayor. De Weerd: Mr. Palmer. Palmer: We just felt it was -- given everything that has happened it wasn't -- we didn't want to just send code enforcement. But for Councilman Bird we would. De Weerd: You would send code enforcement? Palmer: Yeah. Yeah. We didn't know the guy's story, just -- just didn't want to have to make a scene, just take care of it and move on. Bird: You did a -- thank you guys anyway. Very nice representation from the Council. Madam Mayor? Meridian City Council February 7, 2017 Page 89 of 89 De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code (1)(d), (1)(f). Borton: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: And we had enthusiastic ayes and maybe reluctant ones. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (10:18 p.m. to 10:58 p.m.) (Proceedings not recorded.) MEETING ADJOURNED AT 10:58 P.M. (AU I "T Wk•]cir_1►71Iif) VAre1M.►L-=1c1 91 ATTEST: LE OF THESE PROCEEDINGS) C. JAS COLff$, CITY CLERK DATE APPROVED /� r7lvuf o / W E jD1AN�. SEAL �'�/ Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Minutes of February 14, 2017 Approve Minutes of February 14, 2017 City Council Workshop Meeting MEETING NOTES ua APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Workshop February 14, 2017 Page 35 of 36 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 5:51 P.M. (AUDIO REC L2D-fNC JaN FILE OF THESE PROCEEDINGS) / a / 7 MAYOR TAMVE WEERD DATE APPROVED ATTEST: 70,RT Of C. JAY LES I Y CLERK� Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Task Order 10614.c Approval of Task Order 10614.c for Professional Services for "Black Cat Trunk Sewer Phase 5 -Construction Services" to J -U -B Engineers, Inc. for the Not -To -Exceed amount of $61,118.00. This Task Order is issued in conjunction with the Master Agreement with J -U -B dated October 3, 2016 MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C.Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Brent Blake, Project Manager Date: 2/22/2017 Re: February 28 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 28 th City Council Consent Agenda for Council’s consideration. Approval of Task Order 10614.c for Professional Services for “Black Cat Trunk Sewer Phase 5-Construction Services” to J-U-B Engineers, Inc. for the Not-To-Exceed amount of $61,118.00. This Task Order is issued in conjunction with the Master Agreement with J-U-B dated October 3, 2016. Recommended Council Action: Approval of Task Order 10614.c to J-U-B Engineers, Inc. for the Not-To-Exceed amount of $61,118.00 and authorize the Purchasing Manager to sign Purchase Order for the Not-to-Exceed amount of $61,118.00. Thank you for your consideration. City of Meridian Purchasing Dept. E IDIA PubIic I DAHO Works Department Moyor Tommy de Weerd Glty Gcuncll llcrnbertr Keith Eird Joe Borton Luhe Covener Geneiit Mllom Anne Little Robertt Ty Polmer TO Mayor'lammy de Weerd Members of the City Council FROM: BRENTBLAKE DATEr February 10,2017 STTBJECT:BLACK CAT SEWER TRUNK.PHASE 5 CONSTRUCTION SERVICES TASK ORDER, ACCORDING TO THE MASTER AGREEMENT WITH JUB ENGINEERS DATED OCTOBER 3,2016, FOR A NOT TO EXCEED AMOUNT OF $61,118.00 RtrQUESTED COUNCIL DATE: February 21,2017 I. RECONIMENDED ACTION A. Move to: 1. Approve the Construction Services Task Order with JUB Engineers. 2. Authorize the Mayor to sign the Task Order. II. DEPARTMENTCONTACTPERSONS Brent Blake, Project Manager Kyle Radek, Asst. City Engineer Warren Stewart, PW Engineering Manager 489-0340 489-0343 489-03s0 III. DESCRIPTION Page I of 3 A. Background A new'l'runk Sewer exlension project is part of the conmitments the City has made to extend services to South Meridian and has a two-year timeframe for completion. This extension of the South Meridian Black Cat Trunk Sewer starts at the intersection of Victory and Meridian Roads and runs south to approxinately 1,600 feet south of Amity Road. Overall, the project encompasses approximately 8,400 lineal feet of 24-inch trunk sewer and 1,500 lineal feet of I2-inch gravity sewer. The termination of this Trunk Sewer will be located approximately a quarter of a mile south of Amity Road to the west of Meridian Road. B. Pronosed Proiect This task order will include bidding and construction services in which JUB Engineers will assist the City. JUB Engineers will respond to technical questions, attend meetings, and prepare addenda during the bidding phase. JUB Engineers will also perform control staking, attend construction meetings as needed, review shop drawings, provide record drawings, and assist with project close-out procedures during the construction phase. IV. IMPACT A. Strateqic Impact: The agreement will allow the City to construct and maintain the above described Sewer Trunk and also provide necessary sewer infrastructure to valued customers. Extension ofthe Sewer Trunk is in direct alignment with the Public Works mission to anticipate, plan, and provide exemplary public services and facilities that support the needs ofa growing community. B. Fiscal Impact: (Sewer Main Extensions 3590-93 505) Cost FY2017 Bidding and Construction Services Total $61.118.00 $61,1 18.00 V. ALTERNATIVES A. The Council could decide to not approve the agreement which may cause problems in the future related to construction schedule, project close-out, record drawings, etc.. VI. TIME CONSTRAINTS Time is ofthe essence with regard to Council's approval of this agreement due to the commitments the City has made to extend services to South Meridian with a two- year completion deadline which staded on January 20,2016. ViI. LIST OF ATTACHME,NTS A. Task Order and esti Approved for Council Agenda: PaEe 2 of 3 t7 documents. TASK ORDER NO. 10614.c Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL. SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND JUB ENGINEERS, INC (ENGINEER) This Task Order is made this day of February 2617 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by (JUB ENGINEERS, INC), hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (category 2C) between the above mentioned parties dated October 3, 2616. The Project Name for this Task Order 16614.c is as follows: CITY OF MERIDIAN BLACK CAT TRUNK SEWER PHASE &CONSTRUCTION SERVICES J -U -B Engineers, Inc. will provide bidding and construction support services as described herein. .SCOPE OF WORK Task 'i — Bidding Services and Construction Services J -U -B will furnish the services specifically limited to the following at a time and materials, not to exceed basis. • Bidding Services o J -U -B will assist the City in responding to technical questions that the City is unable to answer through review of the Contract Documents for City's use in preparation of addenda. o J -U -B will attend a pre-bid meeting to assist in answering bidders' questions and may advise on preparation of any addenda necessary during the bid process. o If requested by the City, J -U -B will review Bidder qualifications and provide a recommendation for contract award. Task Order 10614.c Black Cat Trunk Sewer — Bidding and Construction Services Page 1 of 6 J•U-B Engineers, INC. a Construction Services: J-U-B's project manager/engineer will be available during construction to assist the CITY as described below or specifically requested by the CITY: o Construction Assistance: J-U-B's project manager will be available during construction as requested by the CITY. ltems that will be included in this portion of the task may include: Shop Drawing and Product Data Reviews: J-U-B will review shop drawing and product data submittals for compliance with the design and contract documents. Construction Administration: As requested by the City, J-U-B will assist the City in review of claims, change order and work directive preparation, address questions or RFI's, and other construction ad ministration activities. a a Construction Meetings: At the request of the CITY's PM, J-U-B's project manager will attend construction progress meetings, agency meetings, landowner meetings, etc. o Construction Control Staking: J-U-B shall provide one (1) set of control staking for each phase of the project for the Contractor's reference. The Contractor shall be responsible for protection of the staking and performing independent QA/QC of the control as the work progresses, and if disturbance has occurred. Re-establishment of the control will be performed on an additional time and materials. Control will consist of offset stakes to each manhole & sleeve-end for sewer and centerline & offsets on approximately 50' stations for access roads. Close-out Procedures: J-U-B may conduct a walk through with the City and prepare a tentative punch list to supplement the City's RPR list. o o Record Survey: Upon completion of the work, J-U-B will complete a survey of the work to include the rim elevations of all the manholes installed and will dip each manhole to determine the elevation of the flowline inverts. o Record Drawings: J-U-B will prepare record drawings from drawings received from the Contractor, City's RPR, and J-U-B's record survey information and per the CITY'S Record Drawing Requirements. Task Order 10614.c Black Cat Trunk Sewer - Bidding and Construdion Services J-U-B Engineers, lNC. Page 2 of 6 o Preconstruction Conference: J-U-B will attend the pre-construction conference with the contractor, CITY and agencies. Deliverables a a One (1) paper set of the proposed record drawings to be reviewed by the CITY prior to submitting the final as shown below. Three (3) sets of 22"x34" record drawings. Each sheet will be sealed by a professional engineer with J-U-B standard disclaimer. Two (2) CD's: o One (1) will have the complete set of drawings in PDF format for submittal to DEQ. One (1) will have the complete set of drawings in PDF and AutoCAD format for City use. o Task 2 - Geotechnical Engineering Support Services J-U-B will furnish the services specifically limited to the following at a time and materials, not to exceed basis. J-U-B will provide the CITY with answers to technical questions, submittals, meetings, or site visits as requested. An assumed level of effort is shown on labor-hour estimate. RESPONSIBILITIES & ASSUMPTIONS While preparing our scope of services and fee estimate, we have made the following assumptions: 1. The City will provide the following during the bidding and construction process: a) All bidding and contract documents including, but not limited to, advertisement for bids, bid forms, contacts/agreements, condition of the contract, award, bonding and insurance requirements. b) lncorporate J-U-B's technical specifications and drawings into Bidding and Contract Document using the City's contracting boiler plate to bid the construction of the project. c) Provide all administration to bid the project. d) The CITY will distribute the Bidding and Contract Documents for the construction of the facility. Task Order 106'14.c Black Cat Trunk Sewer - Bidding and Conskuclion SeNic€s J-U-B Engineers, lNC. o Page 3 of 6 e) Following a review of the bids received for the construction of the facility, the CITY will award and execute the Agreement with the successful bidder. f) During construction of the project the City will provide construction engineering, administration and observation services as necessary, unless the City directs J-U-B to provide these as additional services. 2. Project Assumptions: b) Exact locations of utilities are not known and may affect the alignment during construction. c) The Contractor will provide all sewer grades staking as required to construct the project. All grade checking and transferring of lines and grades from the control staking shall be the responsibility of the Contractor. J-U-B will provide initial control survey as described herein. d) The fee estimate is based on an assumed level of effort and construction completion timeframe. Construction support can vary depending on the work execution performance of the CITY's retained contractor, site conditions, weather, etc. e) Limitation of Authority: J-U-B shall not i. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items) without approval from the CITY's PM. .Exceed limitation of J-U-B's authority as set forth in the Task Order and Professional Services Term Agreement. t.Undertake any of the responsibilities of the Contracto(s) or suppliers. Advise on, issue directions relative to, or assume control over any aspect ofthe means, methods, techniques, sequences, or procedures of construction or of the Work, unless such advice or directions are specifically required by the Contract Documents. v. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of the CITY or Contractor. Task Order 10614.c Black Cat Trunk Sewer - Biddinq and Construction Services page 4 of 6 J-U-B Engineers, lNC. IV a) The project will be bid and constructed in two phases with the first phase construction commencing in February 2017. vt.Participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized. vll Accept shop drawings or submittals from anyone other than the CITY. v Authorize the CITY to occupy the Work in whole or in part. tx Act as the construction Contractor's Quality Control manager or superintendent. Approve the suitability of by-passing pumping or dewatering plans, and shoring plans. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by March L2017 andresultinginFinal Designbeingcompletedby April 1.2017. ANTPissued on a different date will change the schedule accordingly. The NolTo-Exceed amount to complete all services listed above for this Task Order 10614.c is sixty-one thousand one hundred eighteen dollars ($61,118.00). No compensation will be paid over the Not-to-Exceed amount without prior written approval by the City in the form of a Change Order. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. Task Order 10614.c Black cat Trunk Sewer - Bidding and Construdion Services J-U-B Engineers, lNC. x COMPENSATION AND COMPLETION SCHEDULE Task Description Compensation 1 Completed as required by CITY's bidding and contract award schedules. Geotechnical Engineering Support Services Completed as required during the construction phase Compensation in Task 1 amount TASK ORDER TOTAL: $61,118.00 Page 5 of 6 Due Date Bidding and Construction Services $61,118.00 2 CITY OF MERIDIAN BY: TAMMY de *A WE, MAYOR Dated:—? z D V )q/ Z_ Attest: c.jAy coLEs, C' Clerk Purchasin ,AppyI B Y 7 KEIT�Ar, Pdn?ofig Manager City Project Manager Brent Blake J -U-8 ENGINEERS, INC. z Oe A BY.,, Dated: ly of IDAHO SEAL a Depa e4t Appr vL BY: ST WA R N STEWART, City Engii neer Dated: Task Order 10614.c Black Cat Trunk Sftw — Bidding and Construction services Page 6 of 6 J -u -B Engineem, INC. CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $61,118 Brent Blake If yes, has policy been purchased? JUB Engineers III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3590 93505 10614.c TASK ORDER 2C RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) Comparable to time and materials of past projects with the same consultant. N/A Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Kyle Radek 2/8/2017 February 23, 2017 I. PROJECT INFORMATION 4/1/2017 N/A $3,500,000 2/7/2017 Public Works Black Cat Sewer Trunk - Phase 5 (Construction Services) V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION This is a Task Order so N/A 10/3/2016 N/A N/A N/A N/A Goodstanding N/A N/A Statement of Revenues and Expenditures Rev City Of lr6lj.dj.rn aDd Exp Report - Sandra - Unposted Tlansactions Included In Report 60 - Ente4rriae Fund - l{ll CoDat uction Ploj.cta L0/l/2016 rt'rougtl 9 /30 /2OL'7 Br.rdget with Amendments Current Year Actual Budget Remaining 3s90 Frorn 93505 Capltal OutIay sewer Lirle Extensi.ons Total CapitaL Outlay 4,514, O24.00 4,5'74,824.OO DEPT EXPENDITURES TOTAL EXPENDITURES 138,2',7 4.24 553,450.24 563, 450.24 563,454 -24 563 454.24 4,5',7 4 824 -04 5'14 824 -00 Date. 2/21/11 10:42:02 AM 5,134,2'74.24 5,138,2'14 -24 s , !3-? ,31L?!_ Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Approval of a Sole Source Purchase for a Flygt 4630 Mixer for the WWTP Replacement Equipment from Utility Management System for the Not -to -Exceed amount $10,723.60 MEETING NOTES u pPPROYED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C.Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Laurelei McVey, Waste Water Superintendent Date: 2-17-17 Re: February 28th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 28th City Council Consent Agenda for Council’s consideration. Approval of a Sole Source Purchase for a Flygt 4630 Mixer for the WWTP Replacement Equipment from Utility Management System for the Not-to-Exceed amount $10,723.60. Recommended Council Action: Approval of Sole Source Procurement upon completion of advertising per Idaho State Statute 67-2808. This purchase is part of the approved 2017 Budget. Thank you for your consideration. City of Meridian Purchasing Dept. a xylem brand Ilark A Sbalr SE Tcrritory }lanagcr xylem Inc ITT Flrgl Products 766 N Sand) I-N Elkhorn WI 5l l2l Cell262227 3163 Please be advised that Utility Management System is the only authorized Sales distributor for Flygt Products manufactured by Xylem Inc. covering the States of Utah, part of Wyoming and Part of Idaho which includes Meridian . UMS staff is properly trained to provide you with the best possible Flygt product engineering available. mark.shaw@ xyleminc.conr February 13,2017 Sole Source Flygt distributor; Thank you for your interest in Flygt Products and Services. Please call if we can be of any further help. Sincerely, rtlqLft A Sfrur Mark A Shaw SE Tenitory Manager Flygt Products Xylem Inc. 262227 3763 r&> E IDIAN PURCHASING AGENT 33 East Broadway Avenue Meridian, lD 83642 Phone: 208-888-4433 Fax: 208-8874813 Date: 111912017 Item or Service: Fl t Mixers Item is available from only one vendor. ltem is one-of-a kind item and is not sold through distributors. Manufacturer is a sole distributor. N Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additionat pages if needed) The Wastewater Resource Recovery Facility is requesting a sole source for Flygt mixers. Theplant currently has 23 Flygt Mixers installed at the facility. Competitively biddin{these mixers openly for alternative brands/types of mixers is impractical and disadvantageou-s for the City. These mixers are critical pieces of equipment that are installed in the secondary treatmentsystem. They have been designed and installed based on Flygt specifications. Allowing another type/brand of mixer would result in several things that are "o"t prohiUitiv" and potentially damaging to the treatment process. 1.) Flygt mixers use specific control systems that have been installed at the facility. If anothermixer were to be installed, new controls would also have to be installed at a cdst each timewe changed out a mixer. 2.) Flygt mixers are installed on specific brackets and mounting systems that have been installedat the facility. lf another.mixer were to be installed, it would-necessitate iat<ing Oown anentire aeration basin and installing new brackets and mounts. This would be"at a substantial ^ . 99st to the City and potentially impact proper operation of the facility. 3 ) Flygt mixers were used in the.h.ydraulic and mixing designs of the facility. lnstalling anothertype of mixer would requlre additional engineeringleffortlo ensure the niixer couta meet . . desigrr.criteria developed for proper operition of i=he facility. 4.) The.city currenfly keeps one spare Flygt mixer on hand, which is able to be direcfly swappedinto the place of any of the 20+. mixers ihat goes down. This is a critical piece of equipmentand the city has deemed keeping an inventory of critical equipment on nlnJis paramount. ran alternative mixer were purchased, a second spare mixei oi tnrt .rmulvpe-would also CITY OF MERIDIAN SOLE SOURCE FORM Sole Source: need to be placed in stock, adding to the cost and storage requirements for the City. The City would still need to maintain a spare Flygt mixer as well to serve as standby for the 20+ remaining mixers. 5.) Flygt mixers are supplied by a single vendor in this area, Utility Management Systems (UMS), so the City is unable to obtain multiple quotes on Flygt mixers. CERTIFICATION: I am aware of the requirements set forth in lhe City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for juslification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that lhis justiflcation for sole source/sole brand meets the City's criteria and is accurate. Lar"elt" Requestor (P rtment Man r Signa re Council Approval Date: Purchasin o Approval: Purchasing Manager SOLE SOURCE/BRAND EXAMPLES. SOLE SOURCE: Only one ('1 ) vendor if there is only one (1) vendor for the personal property to be acquired. For purposes of this definition, only one (1) vendor shall refer to situations where there is only one 1i; source reasonably available and shall include, but not be limited to, the following situations:(i) Where property is required to respond to a life-threatening situation or a situation which is immediately detrimental to the public welfare or property;(ii) Where the compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration; (iii) Where a sole supplier's item is needed for trial use or testing;(iv) The purchase of mass-produced movies, videos, books or other copyrighted materials;(v) The purchase of property for which it is determined there is no functionil equivalent;(vi) The purchase of public utility services; (vii) The purchase of products, merchandise or trademarked goods for resale at a political subdivision facility; or (viii) Where competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. THE FOLLOWING ARE NOT REASONS FOR SOLE SOURCE a) Personal preference for a product or vendor. b) cost, past performance, local presence, delivery etc. These are award criteria to be used in a competitive bid process. c) Specifications that exceed requested performance. city Of uaridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions rncluded In Report 50 - Enterpris€ nrnd 3510 - llli treat-nent Plant Fxom lA/l/2076 Thro[gh 9 /3A /2011 Budget with Current Year Actual Budget Remaining 54000 OPERATING COSTS Equipment & SuppLies Total OPEITATING COSTS 3i, 482- 1L 33, 082. 13 135 000.00 101.917.87 t07,9t1 .8t DEPT EXPENDITURES TOTAL EXPENDITURES :3 082.13 !41,911 .e] 082.73 141,9L-1 .81 Date. 2/3/11 03 r13:5? AU 135,000.00 -- 1i!4p.!o 135,000.00 Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Front End Wheel Loader Approval of Award of Bid and Purchase Order for one (1) Front End Wheel Loader Equipment from Western States Equipment Co. and authorize the Purchasing Manager to sign Purchase Order #17-0207 for a Not -To -Exceed amount of $109,850.00 MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Dennis Teller, Brian Kerr Date: 02/17/2017 Re: February 28TH City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 28th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Purchase Order for one (1) Front End Wheel Loader Equipment from Western States Equipment Co. and authorize the Purchasing Manager to sign Purchase Order #17-0207 for a Not-To-Exceed amount of $109,850.00. Recommended Council Action: Approval of Award of Bid and Purchase Order to Western States Equipment Co. for the Not-To-Exceed amount of $109,850.00 for a new Caterpillar 914M Wheel Loader. Also authorize the Purchasing Manager to sign the Purchase Order. This purchase is part of the approved 2017 Budget. Thank you for your consideration. City of Meridian Purchasing Dept. E IDAH O CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4,133 Vendor Address: WESTERN STATES EQUIPMENT CO PO BOX 3805 SEATTLE, WA 98124-3805 Description Front End Loader w accessory forks Special lnstructions IDIAN Purchase Order 2121t2017 Attention: Brian Kerr Billing Address: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 Shipping Address: City of N,4eridian Water Department 2235 NW 8th Meridian, lD 83646 Shipping Method: FOB: Unil truck destination Quantity Unit Price 1.00 109,850.00 Purchase Order Total 17-0207 Total 109,850.00 $109,850.00 Ea Conf PO per bid WTR-1706-1071s.rb by Western States Equipment Co. dated 2l1gl17 . Aploved by Councit 2l2ttlTNolto-Exceed $1 09,850.00 60-3420-94400-1 0715.rb Case Mgmt 55859 Purchasing Manager:_ BID RESULTS Si g n e d Pu b l i c A g e n c y C l a u s e X X X X X O Attest: Western States VENDOR NC Machinery Wheeler Cat Opened by: $114,240.00 $109,850.00 BID AMOUNT $125,974.00 DUE DATE & TIME: February 13, 2017 2:30 BID NUMBER: WTR-1706-10715.rb BID NAME: Front End Wheel Loader City Of Meridian Statement of Revenues and Expen,lrrr{res - Rev and Exp Report - Sandra - UirE -'d Transactions Included In Report 60 - Enterplise Eund 3{20 - wat6! - Distribution Ftott la /l/2016 Through 9/30/2017 Budget with Current Year ActuaI Budget Remaining 94400 DF:PT EXPENDTTI]RES TOTAL EXPENDITURES Capitaf Outlay Capital - Equipment Total capj.tal Outlay 120,000.00 9,361 .40 9,361 .44 9,361 .40 110, 632.6q 110, 632.6! 120,00_0_.0r0 110,532.60 9,361 .44 110 632.60 DaLet l/24/7-1 11r09:40 AM 120,000.00 Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Approval of Purchase Order for Fire Engine Extrication Tools Award of Bid and Approval of Purchase Order for Fire Engine Extrication Tools from L.N. Curtis & Sons for a Not -to -Exceed amount of $71,280.00 and authorize the Purchasing Manager to sign Purchase Order # 17-0212 for the Not -to -Exceed amount of $71,280.00 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  Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: David Jones, Deputy Chief Operations Date: 02/17/2017 Re: February 28th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 28th City Council Consent Agenda for Council’s consideration. Award of Bid and Approval of Purchase Order for Fire Engine Extrication Tools from L.N. Curtis & Sons for a Not-to-Exceed amount of $71,280.00 and authorize the Purchasing Manager to sign Purchase Order #17-0212 for the Not-to-Exceed amount of $71,280.00. Recommended Council Action: Approval of Award of Bid and Purchase Order to L.N. Curtis & Sons for the Not-To-Exceed amount of $71,280.00 for four (4) Electro-Hydraulic Spreaders, four (4) Electro-Hydraulic Cutters and four (4) 110v Adapters. Also authorize the Purchasing Manager to sign the Purchase Order. This purchase is part of the approved 2017 Budget. Thank you for your consideration. City of Meridian Purchasing Dept. E IDAH O CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: L.N. CURTIS AND SONS CURTIS BLUE LINE CURTIS TOOLS FOR HEROES DEPr 34921 PO BOX 39000 sAN FRANCTSCO, CA 94ffi"ri01;on Cutter, Spreader, 110v Adapter Cutter, Spreader, 110v Adapter Cutter, Spreader, 110v Adapter Cutter, Spreader, 110v Adapter Special lnstructions PUrChaSe Order 2t28t2o17 Attention: David Jones IDIAN 17-O212 Billing Address: Shipping Add ress: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 City of l\,4eridian Fire Dept. 33 E. Broadway Ave, Ste.2'10 Meridian, lD 83642 17 ,820.00 17,820.O0 17,820.00 17 ,820.OO 17,820.00 17,820.00 17,820.00 17 ,820.00 $71,280.00 Total LS LS LS 1.00 1.00 1.00 1.00 Purchase Order Total Conf PO per bid FD-1718-10732 by L.N. Curtis & Sons dated 2tgt17. Council approved 2lZBt17 Not-to-Exceed g21,280.00 CaseMgmt 55728 0'l -2211-94400-10732 $1 7,820.00 o't-2213-g44oo-10732 $'l ,Bzd.oo ot-zz.i-gtqqao4o73z $17,a2o.no o 1 -221 5-94 40O -'t 07 32 g I 7,820.00 Purchasing Manager:_ Shipping Method: truck FOB: destination ] Unit Quantity Unit Price ] E IDIA I t3 rx, !-.' &BID RESULTS BID NAME: Fire En ine Extrication Tool lacement OUE DATE & TIME: Feb 16,2017 2i30 BID NUMBER: FO-17 18-'107 32 VENDOR o,BID AMOUNT 6 +a *Xr',^u-\dd'n/ /-A)('trrtts Y.Snt ? 4l,LgO fui-oa -r'h +:3sD 60r "/{l/ara*q> F-oat:o*t/78 t, 4&-;/1nu-o3at0)tCt*'*tDi.n50e 6o*' oo"n'oo!'-&/ry''n- city of u€lid1arr Statement of Revenues and Expenr oles - Rev and Exp Report - Sandra - U\rr^ted Transactions Included In Report 01 - cenelal tund 2211 - Ei-re Station *1 F:.o 10/7/2076 Through 9/30/2017 Budget with Actuaf Budget Remaining 94400 Capital Outlay Capital - Equipment Totaf Capitaf outfay 3 5, 0 00-0 4, 3L0-00._04- 0.00 35. 000. 0 4 35,000.040 DEPT EXPENDITURES TOTAL EXPENDITURES 35,000.04 35,000.04 0.00 35,000.04 Dat.t 12/21/16 12:21t19 pM 1s,900.04 city Of usridian Stalement of Revenues and Expen\rdres - Rev ancl Exp Repolt - Sandra - U\,rsted Transactions Included In Report 01 - G€neral nrnd 2213 - Fire gtation *3 From !0/1/20L6 Through 9/30 /2017 Capitai. Outlay Cap-ita1 - Equipment Tota.l. Capita] Outfay 3s, 000_!L 3s.00L!4 Budget with Cu!rent Year Actual q. 0L 0.0q 3s,000.Q| 35, 000. 0l 94400 DEPT EXPENDITURES TOTAL EXPENDITURES 35,000,04 4gs 04 Date: t2/21/16 t2121t35 ptl Budget Remaininq 3s, 000 . 04 35,000.04 11.00 0-00 City Of uelidian Statement of Revenues and Expen\-ares - Rev and Exp Report - Sandra - U\rdted Transactions Included In Report 01 - G€n€ral Eund 221{ - Ei!€ Station *4 Frorl l0/1/2016 Through 9/3 0 /2 017 Budget \rith Current Year ActuaI Budget Remaining 94400 DEPT EXPENDITURES TOTAL EXPENDTTURES -2!, Q!!41- Capital Outlay capital - Equipment Total Capital Outlay 20, 000- 04 _ l0r Q00.04 q.o0 0. 00 20,000-!L 20.000.0L 0 .00 20,000.04 20,000.04 0.00 20,000.04 Date: 12/2t/16 12:2r:50 pM Cj.ty Of uerj.dian Statement of Revenues aod Expen\-,ires - Rev and Exp Repo!! - Sandra - U\bsted Transactions Included In Report 0I - C€n€ral nrhd 2215 - !.i!€ gtatioa li5 Eton La/7/2A16 Thra.uq}, 9 /30,/2a11 Budget with Current Year Actual Budget Remaining 94400 DEPT EXPENDITURES TOTAL EXPENDITURES Capital Outfay Capital - Equipment Total Capitaf Outfay __20,00o-oL 20,000.04 0.00 20. 000= 0{ 20, 999 ,9 L 20,000.04 20,000.04 0.00 __?_0/!9.04 Datet 12/2r/t6 l2:23.04 PM -- 29r!!0101 Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Task Order with McCall Studios Task Order with McCall Studios, LLC For Public Art Bench Concept Designs for an Amount Not -to -Exceed $500 MEETING NOTES &f APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TASK ORDER for PARK PUBLIC ART BENCH CONCEPT DESIGNS This TASK ORDER for PUBLIC ART BENCH CONCEPT DESIGNS ("Task Order") is made this 2 V day ofEeb tY,-2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Ken McCall, on behalf of McCall Studios LLC, a limited liability company organized under the laws of the state of Idaho ("Artist"). WHEREAS, on August 9, 2016, City and Artist entered into a Master Agreement for Professional Services: Park Identities Public Art Roster ("August 9, 2016 Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultation, design, fabrication, and installation, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; WHEREAS, Artist has specialized experience and creative expertise in designing artistic, functional, durable park benches, and City is interested in considering concept designs of such benches for possible installation at the South Meridian Regional Park, in Meridian ("Park"); NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Bench designs. Artist shall prepare concept designs depicting six (6) different, surface -mounted park benches, suitable for seating, each of which are to incorporate the following design elements: 1. Depiction of tree branches and leaves on seat and/or frame, depicting the following species: swamp white oak, common hackberry, lacebark elm, Chanticleer pear, western catalpa and mountain ash; 2. Seat comprised of recycled steel and recycled plastic lumber; and 3. Space for acknowledgment of sponsors. B. Fabrication price sheet. Artist shall prepare a detailed price sheet describing the cost to City for Artist to fabricate each bench. II. COMPENSATION. A. Total amount. The total payment to Artist for goods and services provided under this Task Order shall be five hundred dollars ($500.00). This amount shall constitute full compensation for any and all services, travel, transportation, materials, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist. B. Method of payment. Following delivery of the Artist of goods and services provided under this Task Order, Artist shall provide to City an invoice for services provided, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. PROFESSIONAL SERVICES TASK ORDER — PUBLIC ART BENCHES CONCEPT DESIGNS PAGE I of 2 III. TIME OF PERFORMANCE. A. Timeline. Artist shall deliver to the Parks Superintendent all goods and services contemplated by this Task Order by 5:00 p.m. on Wednesday, March 21, 2017. B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. IV. GENERAL PROVISIONS. A. August 9, 2016 Master Agreement applies. All provisions of the August 9, 2016 Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. B. Limited edition. Artist warrants and represents that the concept designs provided pursuant to this Agreement have never heretofore been designed, fabricated, installed, created, published, or copied and that Artist is the sole creator and owner of all rights in such designs. C. Fabrication not included. Artist acknowledges and agrees that this Task Order imparts no commitment by City to contract with Artist for fabrication or installation of the benches depicted in concept designs provided pursuant to this Task Order. Further, this Task Order vests no exclusive right in Artist to fabricate or install the benches depicted in concept designs provided pursuant to this Task Order. City may cause the benches depicted by Artist in concept designs provided pursuant to this Task Order by Artist or by another contractor. D. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving the Task Order. Execution of this Task Order by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Task Order on the Effective Date first written above. ARTIST: 'Ken McCall) Malla6e�-r, McCall Studios LLC pRATI �GQVP `do m I`�IV f� 104ho .test: Tammy de CV/erd, Mayor ��� L ,�'` Clay Col(Y, City Clerk o`rhe TREASURE�P� PROFESSIONAL SERVICES TASK ORDER — PUBLIC R ENCHES CONCEPT DESIGNS PAGE 2 Of 2 Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: " 51 PROJECT NUMBER: ITEM TITLE: Water Main Easement Golden Grove Subdivision Heartland Townhomes Property Management, LLC Water Main Easement MEETING NOTES rte✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-018171 BOISE IDAHO Pgs=5 HEATHER LUTHER 03/01/2017 04:33 PM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS INDENTURE, made this "' S day of. . 20 j between 1�ta.�f'a„d 'jd wnhop is �rp{a,! the patties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada LGG County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from tinne to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property; (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever, IT IS. EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, thatafter malting repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, Water Maui Easement REV. 08/15/16•doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS signatures the dela'Ia^d "T0V" h0 S'y-a GRANTOR: -Pres� /hp)°+ -j �� n Secretary Address STATE OF IDAHO ) . ss. County of Ada ) 'the said parties of the first part have hereunto subscribed their first herein above written. On this day of ~t � rA, 20 1 -7 , before me, the undersigned, a Notary Public in and for said State, personal6 appeared Too A- hg n4 $r and known or identified to me to be the Presidenit and Scrxe�, respectively, of the c that executed the within instrument, and acknowledged to me that such p"5eratinn e ecuted the same. earAPA» ( v n1 r 9'i j IN WITNESS WHEREOF, I have -hereunto set my hand and affixed my official seal the day and year first above written. L ®®® NOTARY PUBLIC FOR IDAHO {-� ® Residing at: 1.5 0 i V Vj(0)T.4 Commission Expires: m ,YF,er,enL REV. 08/15/16.doc ".-V 0 OF jOP�Q. /N nov r GRANTEE: CITY OF MERIDIAN 1 Tammy de Weerd, a or J /1-C,S Attest y C.Ja oles, City Clerk Approved By City Council On: ar STATE OF IDAHO, ) ss County of Ada )h On this,:�(Sd y of� Cir 20 before me, the undersigned, a Notary Public in and for said State, personally a peared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) •'St`s',--�"�-�i•, NOTARY PUBJ4C FOR IDAHO d ;� Al.. Residing at: (ni�P�J�— ,ol t��; - � Commission Expires: � `y-�- Water Main Easement REV. 08/15/16.doe Jokk Sawtooth Land 5urveymg, LLC MEO-07-I'l P: (208) 398-8104 F: (208) 398-8105 LanJSuvryicq LLC 2030 5. Washington Ave., Emmett, ID 83G 17 February 3, 2017 Golden Grove Subdivision City of Meridian Water Legal Description BASIS OF BEARINGS for this description is North 0037'07" East, between the aluminum cap marking the southwest corner of Section 28 and the aluminum cap marking the S1/16 comer common to Sections 28 and 29, both in T. 3 N., R. 1 E., B.M. A parcel of land located in the SW1/4 of the SWI/4 of Section 28, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found aluminum cap marking the southwest corner of Section 28; Thence North 89015'17" East, coincident with the southerly boundary of said SWI/4 of the SW1/4 of Section 28, a distance of 1330.29 feet; Thence North 0133'00" East, coincident with the easterly boundary of said SWI/4 of the SWI/4 of Section 28, a distance of 822.09 feet to the POINT OF BEGINNING; Thence North 89127'00" West, 121.65 feet; Thence North 8013'41" West, 16.01 feet to the beginning of a tangent curve; Thence 4.21 feet along the are of said curve to the right, with a central angle of 3007'58", a radius of 77.00 feet, subtended by a chord bearing North 6039'42" West, 4.21 feet; Thence South 89027'00" East, 124.63 feet to said easterly boundary of the SW1/4 of the SWI/4 of Section 28; Thence South 0133'00" West, 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 0.06 acres more or less. Carl Porter, PLS End Description p�A- LA �GENS�. a 14��1 AZ � OF gyp. RC POR'% MV �n u4 n m r� C) i Wrn R:m Zyrn rnM y �v S. EAGLE ROAD N 0°37'07" E BASIS OF BEARINGS N 1° W C1 B=E S 0033'00"W 20.00' un m m µ N 1° W C1 B=E S 0033'00"W 20.00' Meridian City Council Meeting DATE: February 28, 2017 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Hillsdale Park Access & Parking Easement MEETING NOTES U6�Cq � Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS R E C O R D I N G R E Q U E S T E D B Y A N D W H E N R E C O R D E D R E T U R N T O . C i t y o f M e r i d i a n A t t e n t i o n : C i t y C l e r k 3 3 E a s t B r o a d w a y A v e n u e M e r i d i a n , I D $ 3 6 4 2 ( S p a c e A b o v e f o r R e c o r d e r ’ s U s e ) A C C E S S A N D P A R K I N G E A S E M E N T T h i s A c c e s s a n d P a r k i n g E a s e m e n t i s m a d e e f f e c t i v e t h i s _ _ _ _ d a y o f _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2 0 1 7 , b y a n d b e t w e e n t h e J o i n t S c h o o l D i s t r i c t N o . 2 , d o i n g b u s i n e s s a s W e s t A d a S c h o o l D i s t r i c t , a n I d a h o s c h o o l d i s t r i c t a n d b o d y p o l i t i c a n d c o r p o r a t e o f t h e S t a t e o f I d a h o ( “ G r a n t o r ” ) , a n d t h e C i t y o f M e r i d i a n , a n I d a h o m u n i c i p a l c o r p o r a t i o n ( “ G r a n t e e ” ) . T h e G r a n t o r a n d G r a n t e e m a y b e c o l l e c t i v e l y r e f e r r e d t o a s t h e p a r t i e s . R E C I T A L S : W H E R E A S , G r a n t o r i s t h e o w n e r o f t h a t c e r t a i n p r o p e r t y l o c a t e d i n t h e C i t y o f M e r i d i a n k n o w n a s H i l i s d a l e E l e m e n t a r y S c h o o l , a s m o r e f u l l y d e s c r i b e d i n E x h i b i t A , w h i c h e x h i b i t i s a t t a c h e d h e r e t o a n d i n c o r p o r a t e d h e r e i n ( “ G r a n t o r ’ s P r o p e r t y ” ) ; W H E R E A S , G r a n t e e i s t h e o w n e r o f t h a t c e r t a i n p r o p e r t y l o c a t e d i n t h e C i t y o f M e r i d i a n k n o w n a s t h e H i l i s d a l e P a r k a s m o r e f u l l y d e s c r i b e d i n E x h i b i t B , w h i c h e x h i b i t i s a t t a c h e d h e r e t o a n d i n c o r p o r a t e d h e r e i n ( “ G r a n t e e ’ s P r o p e r t y ” ) ; W H E R E A S , G r a n t o r i n t e n d s t o u t i l i z e p o r t i o n s o f H i l i s d a l e P a r k f o r s t u d e n t e d u c a t i o n a n d r e c r e a t i o n p u r p o s e s ; W H E R E A S , G r a n t e e w i l l b e p r o v i d i n g p r e s s u r i z e d i r r i g a t i o n t o c e r t a i n l a n d s c a p i n g a t H i l i s d a l e E l e m e n t a r y a t n o c o s t t o G r a n t o r ; W H E R E A S , G r a n t o r d e s i r e s t o g r a n t a n d G r a n t e e d e s i r e s t o r e c e i v e a n e a s e m e n t f o r i n g r e s s a n d e g r e s s a c r o s s t h e G r a n t o r ’ s p r o p e r t y a s d e p i c t e d o n E x h i b i t C u n d e r t h e t e r m s a n d c o n d i t i o n s o u t l i n e d h e r e a f t e r . A G R E E M E N T : N O W , T H E R E F O R E , f o r g o o d a n d v a l u a b l e c o n s i d e r a t i o n , t h e r e c e i p t a n d s u f f i c i e n c y o f w h i c h a r e h e r e b y a c k n o w l e d g e d , t h e p a r t i e s h e r e b y a g r e e a s f o l l o w s : A C C E S S A N D P A R K I N G E A S E M E N T - 1 1 . G r a n t . G r a n t o r h e r e b y g r a n t s a n o n - e x c l u s i v e p e r p e t u a l a c c e s s e a s e m e n t o v e r , o n , a c r o s s , a n d t h r o u g h a p o r t i o n o f G r a n t o r ’ s P r o p e r t y f o r i n g r e s s , e g r e s s , a n d p a r k i n g i n t h e l o c a t i o n d e p i c t e d o n E x h i b i t C ( “ E a s e m e n t ” ) . G r a n t o r r e s e r v e s t h e r i g h t t o l i m i t G r a n t e e a c c e s s t o d u r i n g c e r t a i n h o u r s a n d i n c e r t a i n a r e a s t h r o u g h t h e u s e o f p a r k i n g u s e s i g n a g e a n d o t h e r m e a n s i n g r a n t o r ’ s s o l e d i s c r e t i o n . 2 . P u r p o s e o f E a s e m e n t . T h e E a s e m e n t s h a l l b e u s e d f o r i n g r e s s a n d e g r e s s d u r i n g t h e h o u r s o f o p e r a t i o n o f H i l i s d a l e P a r k f o r p e d e s t r i a n t r a v e l , v e h i c u l a r t r a v e l , a n d v e h i c l e p a r k i n g i n m a r k e d a r e a s . 3 . B i n d i n g o n S u c c e s s o r s . T h i s E a s e m e n t s h a l l b e r e c o r d e d i n t h e o f f i c i a l r e c o r d s o f A d a C o u n t y , I d a h o , a n d s h a l l b e b i n d i n g o n t h e h e i r s , s u c c e s s o r s , a d m i n i s t r a t o r s , e x e c u t o r s a n d a s s i g n s o f a l l p a r t i e s h e r e t o a n d s h a l l r u n w i t h t h e l a n d . 4 . C o u n t e r p a r t s . T h i s E a s e m e n t m a y b e e x e c u t e d i n c o u n t e r p a r t s , e a c h p a r t b e i n g c o n s i d e r e d a n o r i g i n a l d o c u m e n t , a l l p a r t s b e i n g b u t o n e d o c u m e n t . 5 . I n d e m n i f i c a t i o n . T o t h e e x t e n t a l l o w e d b y l a w , t h e G r a n t e e a g r e e s t o i n d e m n i f y , d e f e n d a n d h o l d t h e G r a n t o r , a n d i t s s u c c e s s o r s , a s s i g n s , a n d a g e n t s h a r m l e s s f r o m a n y a n d a l l c l a i m s , l i a b i l i t y , l o s s e s , c o s t s , c h a r g e s , o r e x p e n s e t h a t a r i s e f r o m G r a n t e e ’ s u s e o r u s e b y G r a n t e e ’ s r e s p e c t i v e c u s t o m e r s , a g e n t s , i n v i t e e s , o r r e p r e s e n t a t i v e s o f t h e E a s e m e n t . 6 . R e m e d i e s . I n t h e e v e n t o f a b r e a c h h e r e u n d e r b y a n y p a r t y , t h e n o n - b r e a c h i n g p a r t y s h a l l h a v e a l l r e m e d i e s a v a i l a b l e a t l a w o r i n e q u i t y , i n c l u d i n g t h e a v a i l a b i l i t y o f i n j u n c t i v e r e l i e f . I n a n y s u i t , a c t i o n o r a p p e a l t h e r e f r o m t o e n f o r c e o r i n t e r p r e t t h i s E a s e m e n t , t h e p r e v a i l i n g p a r t y s h a l l b e e n t i t l e d t o r e c o v e r i t s c o s t s i n c u r r e d t h e r e i n , i n c l u d i n g r e a s o n a b l e a t t o r n e y s ’ f e e s a n d d i s b u r s e m e n t s . 7 . R e l o c a t i o n R e s e r v a t i o n . G r a n t o r h e r e b y r e s e r v e s t h e r i g h t t o r e l o c a t e t h e E a s e m e n t u p o n t h e G r a n t o r ’ s P r o p e r t y e i t h e r b e f o r e o r a f t e r a n y r e d e s i g n o r r e d e v e l o p m e n t o f t h e G r a n t o r ’ s P r o p e r t y , u p o n t h i r t y d a y s ’ p r i o r w r i t t e n n o t i c e t o G r a n t e e . T h e p a r t i e s t h e n a g r e e t o e x e c u t e , d e l i v e r a n d r e c o r d a n a m e n d m e n t t o t h i s d o c u m e n t t o e v i d e n c e t h e r e l o c a t i o n . 8 . E a s e m e n t O b s t r u c t i o n s . N o f e n c e o r o t h e r b a r r i e r s h a l l b e e r e c t e d o r p e r m i t t e d w i t h i n o r a c r o s s t h e E a s e m e n t w h i c h w o u l d p r e v e n t o r o b s t r u c t t h e p a s s a g e o f p e d e s t r i a n o r v e h i c u l a r t r a v e l ; p r o v i d e d , h o w e v e r , t h a t t h e f o r e g o i n g s h a l l n o t p r o h i b i t ( i ) t h e t e m p o r a r y e r e c t i o n o f b a r r i c a d e s w h i c h a r e r e a s o n a b l y n e c e s s a r y f o r s e c u r i t y a n d l o r s a f e t y p u r p o s e s i n c o n n e c t i o n w i t h t h e c o n s t r u c t i o n , r e c o n s t r u c t i o n , r e p a i r a n d m a i n t e n a n c e o f i m p r o v e m e n t s , i n c l u d i n g t h e E a s e m e n t , o n t h e G r a n t o r ’ s P r o p e r t y , i t b e i n g a g r e e d b y t h e p a r t i e s h o w e v e r , t h a t a l l s u c h w o r k s h a l l b e c o n d u c t e d i n t h e m o s t e x p e d i t i o u s m a n n e r r e a s o n a b l y p o s s i b l e t o m i n i m i z e t h e i n t e r f e r e n c e w i t h t h e u s e o f t h e E a s e m e n t b y G r a n t o r , a n d s u c h w o r k s h a l l b e d i l i g e n t l y p r o s e c u t e d t o c o m p l e t i o n , o r ( i i ) t h e c o n s t r u c t i o n o f l i m i t e d c u r b i n g o r o t h e r f o r m s o f t r a f f i c c o n t r o l s a l o n g t h e o u t e r p e r i m e t e r o f t h e E a s e m e n t . 9 . N o t i c e s . A l l n o t i c e s , d e m a n d s a n d r e q u e s t s r e q u i r e d o r d e s i r e d t o b e g i v e n u n d e r t h i s A g r e e m e n t m u s t b e i n w r i t i n g a n d s h a l l b e d e e m e d t o h a v e b e e n g i v e n a s o f t h e d a t e s u c h w r i t i n g i s ( i ) d e l i v e r e d t o t h e p a r t y i n t e n d e d , ( i i ) d e l i v e r e d t o t h e t h e n c u r r e n t a d d r e s s o f t h e p a r t y A C C E S S A N D P A R K I N G E A S E M E N T - 2 i n t e n d e d , o r ( i i i ) r e j e c t e d a t t h e t h e n c u r r e n t a d d r e s s o f t h e p a r t y i n t e n d e d , p r o v i d e d s u c h w r i t i n g w a s s e n t p r e p a i d . T h e i n i t i a l a d d r e s s o f t h e s i g n a t o r i e s h e r e t o i s : G r a n t e e : C i t y o f M e r i d i a n 3 3 E a s t B r o a d w a y A v e n u e M e r i d i a n , I D 8 3 6 4 2 G r a n t o r : J o i n t S c h o o l D i s t r i c t N o . 2 1 3 0 3 E . C e n t r a l D r i v e M e r i d i a n , I D $ 3 6 4 2 U p o n a t l e a s t t e n ( 1 0 ) d a y s ’ p r i o r w r i t t e n n o t i c e , e a c h p a r t y s h a l l h a v e t h e r i g h t t o c h a n g e i t s a d d r e s s t o a n y o t h e r a d d r e s s w i t h i n t h e U n i t e d S t a t e s o f A m e r i c a . [ e n d o f t e x t ; s i g n a t u r e p a g e f o l l o w s ] A C C E S S A N D P A R K I N G E A S E M E N T - 3 I N W I T N E S S W H E R E O F , t h e u n d e r s i g n e d h a v e c a u s e d t h i s E a s e m e n t t o b e e x e c u t e d t h e d a y a n d y e a r f i r s t w r i t t e n a b o v e . S T A T E O F I D A H O ) ) s s : G R A N T O R : J O I N T S C H O O L D I S T R I C T N O . 2 L U D r . M a f y A n n R a n e l l s , S u p e r i n t e n d e n t C o u n t y o f _ _ _ _ _ _ _ _ _ ) I H E R E B Y C E R T I F Y t h a t o n t h i s / 5 d a y o f , 2 0 1 7 b e f o r e t h e u n d e r s i g n e d , a N o t a r y P u b l i c i n t h e S t a t e o f I d a h o , p e r s o n a l l y a p p e a r e d M a f j A n n R a n e l l s , p r o v e n t o m e t o b e t h e p e r s o n w h o e x e c u t e d t h e s a i d i n s t r u m e n t w h o e x e c u t e d t h e i n s t r u m e n t o n b e h a l f o f J o i n t S c h o o l D i s t r i c t N o . 2 , a n d a c k n o w l e d g e d t o m e t h a t J o i n t S c h o o l D i s t r i c t N o . 2 e x e c u t e d t h e s a m e . I N W I T N E S S W H E R E O F , I h a v e h e r e u n t o s e t m y h a n d a n d a f f i x e d m y o f f i c i a l s e a l , t h e d a y a n d y e a r i n t h i s c e r t i f i c a t e f i r s t a b o v e w r i t t e n . C c 4 N o t a r y P u b l i c f o r I d a h o R e s i d i n g a t ( 2 2 e - , , I d a h o M y C o m m i s s i o n E x p i r e s : 4 A C C E S S A N D P A R K I N G E A S E M E N T - 4 G R A N T E E : C I T Y O f M E R I D I A N : B Y : _ _ _ _ _ _ _ _ _ _ _ _ T a m m y d e W e e r d , M a y o r A t t e s t : J a y c e e I . H o l m a n , C i t y C l e r k S T A T E O F I D A H O ) s s C o u n t y o f A d a ) I H E R E B Y C E R T I F Y t h a t o n t h i s _ _ _ _ _ _ d a y o f _ _ _ _ _ _ _ _ _ _ _ _ _ , 2 0 1 7 b e f o r e t h e u n d e r s i g n e d , p e r s o n a l l y a p p e a r e d T a m m y d e W e e r d a n d C . J a y C o l e s , k n o w n o r i d e n t i f i e d t o m e t o b e t h e M a y o r a n d C i t y C l e r k , r e s p e c t i v e l y , o f t h e C i t y o f M e r i d i a n , w h o e x e c u t e d t h e i n s t r u m e n t o n b e h a l f o f t h e C i t y o f M e r i d i a n , a n d a c k n o w l e d g e d t o m e t h a t t h e C i t y o f M e r i d i a n e x e c u t e d t h e s a m e . I N W I T N E S S W H E R E O F , I h a v e h e r e u n t o s e t m y h a n d a n d a f f i x e d m y o f f i c i a l s e a l t h e d a y a n d y e a r i n t h i s c e r t i f i c a t e f i r s t a b o v e w r i t t e n . N o t a r y P u b l i c f o r I d a h o R e s i d i n g a t _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , I d a h o M y C o m m i s s i o n E x p i r e s : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A C C E S S A N D P A R K I N G E A S E M E N T - 5 E X H I B I T A ( G r a n t o r ’ s P r o p e r t y L e g a l D e s c r i p t i o n ) P a r c e l 4 , R e c o r d o f S u r v e y N o . 1 0 2 1 5 i n t h e l a n d r e c o r d s o f A d a C o u n t y I d a h o A C C E S S A N D P A R K I N G E A S E M E N T - 6 E X H I B I T B ( G r a n t e e ’ s P r o p e r t y ) A p a r c e l o f l a n d s i t u a t e d i n a p o r t i o n o f t h e E a s t 1 / 2 o f t h e N o r t h w e s t 1 / 4 o f S e c t i o n 3 3 , T o w n s h i p 3 N o r t h , R a n g e 1 E a s t , B o i s e M e r i d i a n , C i t y o f M e r i d i a n , A d a C o u n t y , I d a h o , a n d b e i n g m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s : C o m m e n c i n g a t a f o u n d a l u m i n u m c a p m a r k i n g t h e N o r t h w e s t c o r n e r o f s a i d S e c t i o n 3 3 , t h e n c e f o l l o w i n g t h e n o r t h e r l y l i n e o f t h e N o r t h w e s t 1 / 4 o f s a i d S e c t i o n 3 3 , S 8 9 1 5 ’ 2 2 ” E a d i s t a n c e o f 2 , 6 6 0 . 6 2 f e e t t o a f o u n d b r a s s c a p m a r k i n g t h e N o r t h 1 / 4 c o r n e r o f s a i d S e c t i o n 3 3 ; T h e n c e l e a v i n g s a i d n o r t h e r l y l i n e a n d f o l l o w i n g t h e e a s t e r l y l i n e o f s a i d N o r t h w e s t 1 / 4 , S O 0 ° 1 9 ’ 0 9 ” W a d i s t a n c e o f 7 3 6 . 8 3 f e e t t o a f o u n d 5 / 8 - i n c h r e b a r ; T h e n c e l e a v i n g s a i d e a s t e r l y l i n e , N 8 9 4 6 ’ 0 3 ” W a d i s t a n c e o f 6 4 7 . 4 0 f e e t t o a p o i n t a n d b e i n g t h e P O I N T O F B E G I N N I N G . T h e n c e S 0 0 1 3 ’ 5 7 ” W a d i s t a n c e o f 7 1 . 9 2 f e e t t o a p o i n t ; T h e n c e N 8 9 ° 4 6 ’ O l ” W a d i s t a n c e o f 2 7 . 0 0 f e e t t o a p o i n t ; T h e n c e S 0 0 1 3 ’ 5 9 ” W a d i s t a n c e o f 1 0 5 . 5 0 f e e t t o a p o i n t ; T h e n c e S 8 9 M 6 ’ O l ” E a d i s t a n c e o f 2 3 . 5 0 f e e t t o a p o i n t ; T h e n c e 3 9 . 7 2 f e e t a l o n g t h e a r c o f a n o n - t a n g e n t c u r v e t o t h e l e f t , s a i d c u r v e h a v i n g a r a d i u s o f 6 5 . 0 0 f e e t , a d e l t a a n g l e o f 3 5 ° 0 0 ’ 3 2 ” , a c h o r d b e a r i n g o f 5 3 8 ° 4 2 ’ 2 6 ” E a n d a c h o r d d i s t a n c e o f 3 9 . 1 0 f e e t t o a p o i n t ; T h e n c e 9 2 . 6 4 f e e t a l o n g t h e a r c o f a n o n - t a n g e n t c u r v e t o t h e r i g h t , s a i d c u r v e h a v i n g a r a d i u s o f 2 5 8 . 5 0 f e e t , a d e l t a a n g l e o f 2 0 ° 3 2 ’ O l ” , a c h o r d b e a r i n g o f S 4 7 0 8 ’ 3 9 ” W a n d a c h o r d d i s t a n c e o f 9 2 . 1 5 f e e t t o a p o i n t ; T h e n c e 3 1 0 . 0 9 f e e t a l o n g t h e a r c o f a n o n - t a n g e n t c u r v e t o t h e r i g h t , s a i d c u r v e h a v i n g a r a d i u s o f 1 5 5 . 5 0 f e e t , a d e l t a a n g l e o f 1 1 4 ° 1 5 ’ 2 9 ” , a c h o r d b e a r i n g o f S 0 0 3 2 ’ 5 2 ” E a n d a c h o r d d i s t a n c e o f 2 6 1 . 2 1 f e e t t o a p o i n t ; T h e n c e 2 5 8 . 7 7 f e e t a l o n g t h e a r c o f a r e v e r s e c u r v e t o t h e l e f t , s a i d c u r v e h a v i n g a r a d i u s o f 1 5 9 . 5 0 f e e t , a d e l t a a n g l e o f 9 2 5 7 ’ 2 3 ” , a c h o r d b e a r i n g o f S 1 0 O 6 ’ 1 1 ” W a n d a c h o r d d i s t a n c e o f 2 3 1 . 3 1 f e e t t o a f o u n d 5 / 8 - i n c h r e b a r ; T h e n c e 9 9 . 6 0 f e e t a l o n g t h e a r c o f a n o n - t a n g e n t c u r v e t o t h e r i g h t , s a i d c u r v e h a v i n g a r a d i u s o f 5 2 . 1 6 f e e t , a d e l t a a n g l e o f 1 0 9 2 3 ’ 4 7 ” , a c h o r d b e a r i n g o f 5 7 1 ° 5 1 ’ 0 7 ” E a n d a c h o r d d i s t a n c e o f 8 5 . 1 4 f e e t t o a f o u n d 5 / 8 - i n c h r e b a r ; T h e n c e 5 6 6 ° 0 4 ’ 3 7 ” W a d i s t a n c e o f 4 6 . 4 1 f e e t t o a f o u n d 5 / 8 - i n c h r e b a r ; T h e n c e 1 5 9 . 3 9 f e e t a l o n g t h e a r c o f a c i r c u l a r c u r v e t o t h e l e f t , s a i d c u r v e h a v i n g a r a d i u s o f 9 6 . 0 0 f e e t , a d e l t a a n g l e o f 9 5 0 7 ’ 4 6 ” , a c h o r d b e a r i n g o f 5 1 6 ° 5 3 ’ 4 6 ” W a n d a c h o r d d i s t a n c e o f 1 4 1 . 7 0 f e e t t o a f o u n d 5 / 8 - i n c h r e b a r ; T h e n c e 5 3 0 ° 4 0 ’ 0 7 ” E a d i s t a n c e o f 4 3 . 2 9 f e e t t o a f o u n d b r a s s p l u g o n t h e n o r t h e r l y r i g h t - o f - w a y l i n e o f E . H i g h l a n d e r D r . ; A C C E S S A N D P A R K I N G E A S E M E N T - 7 T h e n c e f o l l o w i n g s a i d n o r t h e r l y r i g h t - o f - w a y l i n e , 4 8 . 0 $ f e e t a l o n g t h e a r c o t a c i r c u l a r c u r v e t o t h e l e f t , s a i d c u r v e h a v i n g a r a d i u s o f 6 8 1 . 5 0 f e e t , a d e l t a a n g l e o f 0 4 ° 0 2 ’ 3 2 ” , a c h o r d b e a r i n g o f 5 5 4 ° 4 2 ’ l l ” W a n d a c h o r d d i s t a n c e o f 4 8 . 0 7 f e e t t o a f o u n d b r a s s p l u g o n t h e s u b d i v i s i o n b o u n d a r y o f H i l l ’ s C e n t u r y F a r m S u b d i v i s i o n P h a s e 2 ; T h e n c e l e a v i n g s a i d n o r t h e r l y r i g h t - o f - w a y l i n e a n d f o l l o w i n g s a i d s u b d i v i s i o n b o u n d a r y t h e f o l l o w i n g c o u r s e s : 1 . N 3 3 2 5 ’ O 0 ” W a d i s t a n c e o f 2 0 . 0 5 f e e t t o a f o u n d 5 / 8 - i n c h r e b a r ; 2 . 2 5 9 . 8 1 f e e t a l o n g t h e a r c o f a c i r c u l a r c u r v e t o t h e l e f t , s a i d c u r v e h a v i n g a r a d i u s o f 3 4 5 . 0 0 f e e t , a d e l t a a n g l e o f 4 3 0 8 ’ 5 5 ” , a c h o r d b e a r i n g o f N 6 7 ° 5 3 ’ 2 7 ” W a n d a c h o r d d i s t a n c e o f 2 5 3 . 7 2 f e e t t o a f o u n d S / B - i n c h r e b a r ; 3 . N 8 9 2 7 ’ 5 4 W a d i s t a n c e o f 9 8 . 1 9 f e e t t o a f o u n d 5 / 8 - i n c h r e b a r ; 4 . N 0 0 ° 3 2 ’ O G ” E a d i s t a n c e o f 3 0 7 . 6 7 f e e t t o a f o u n d 5 / 8 - i n c h r e b a r ; 5 . N 8 9 ° 2 7 ’ 5 2 ” W a d i s t a n c e o f 6 6 . 9 0 f e e t t o a f o u n d 5 / 8 - i n c h r e b a r ; T h e n c e l e a v i n g s a i d s u b d i v i s i o n b o u n d a r y , N 0 0 ° 1 6 ’ l l ” E a d i s t a n c e o f 5 8 6 . 1 1 f e e t t o a f o u n d 5 / 8 - i n c h r e b a r ; T h e n c e S 8 9 ° 4 6 ’ 0 3 ” E a d i s t a n c e o f 5 1 0 . 8 1 f e e t t o t h e P O I N T O F B E G I N N I N G . S a i d p a r c e l c o n t a i n s 9 . 5 3 6 a c r e s , m o r e o r l e s s , a n d i s s u b j e c t t o a l l e x i s t i n g e a s e m e n t s a n d / o r r i g h t s - o f - w a y o f r e c o r d o r i m p l i e d . A C C E S S A N D P A R K I N G E A S E M E N T - 8 E X H I B I T C ( E a s e m e n t D e p i c t i o n ) L I I H I L L S D A L E P A R K 0 M E R I D I A N I D S C H E M A T I C P L A N A C C E S S A N D P A R K I N G E A S E M E N T - 9 Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Meridian Arts Commission Annual Report 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 ANNUAL UPDATE - 2016 SINCE 2008 LESLIE MAULDINCHAIR ARTS commissioners Say hello to your MICHELLE GLAZEVICE CHAIR / MERIDIAN ART WEEK LIAISON STEPHANIE BARNES DAIRY DAYS ART SHOW LIAISONBONNIE GRIFFITHINITIAL POINT GALLERY LIAISON TAYLOR FARMERYOUTH PROGRAMS LIAISON CLAUDIA WEATHERMON VOLUNTEER/SPONSOR LIAISON GRETCHEN CASEROTTI photo credit: Meridian Library PERFORMING ARTS LIAISONELLEN DeANGELISPUBLIC ART LIAISONMARY JENSENCONCERTS ON BROADWAY LIAISON INITIAL POINT GALLERY In addition to all of our wonderful commissioners, the Meridian Arts Commission couldn't see the same success that we do without the help of many volunteers and community advocates. Thank you to all of those people who have helped us throughout the past year(s) and to those who participated in our initiatives. More than 100 volunteer hours went in to maintaining the gallery. Over 500 people signed our visitor log. More than 160 artists had art on display. 2 0 1 6   Display cases will be in use each month Credenza added for new storage space Multiple artists featured each month Traditional and contemporary works 2 01 7   Building a robust experience for patrons and artists alike WEST ADA'S "FRAMED" In 2016 arts commissioners, Ellen DeAngelis and Michelle Glaze and MAC's Council liaison, Genesis Milam, went to West Ada's 2016 Art Show "Framed," representing MAC as a jury to select winners for each elementary, middle, and high school divisions. Elementary: Payton Shaffer, "Statue of Liberty" Middle: Sariah Means, "Homeless Man" High: Ashlynn Jammerman, "Self Portrait" (previous slide)   MERIDIAN SYMPHONY ORCHESTRA RISING STARS, 10TH ANNIVERSARY We supported two young artists who went on to play for MSO's Rising Stars concert. This was MSO's tenth year hosting the young artist competition. Our contribution to MSO went toward the young artists' supplies including music aquisition and rental fees. Anna Kathleen Black, 17, performed Sibelius’ “Violin Concerto,” first movement, on violin.   Fernando Antonio Perez, 15, performed Carl Reineke’s “Ballade” for flute.Fernando also opened for one of the Concerts on Broadway shows in 2016. (Photo on previous page from Meridian Symphony Orchestra website.) TREASURE VALLEY  YOUTH THEATER MAC continued to support productions through the Treasure Valley Youth Theater; "Aladdin Jr." and "How to Eat Like a Child (and Other Ways to Avoid Becoming a Grown Up)."  We also supported a production by Treasure Valley Commonwealth; "Taming of the Shrew." Both organizations held multiple public performances for these productions.  TVYT was awarded funds from "100+ People Who Care Ada County" and they are looking for more community support to stay located near downtown Meridian. O UR P AR T N ERS C O N T I N U E T O G R O W Treasure Valley Youth Theater is looking to relocate DAIRY DAYS ART SHOW  JUNE 25, 2016 Meridian Dairy Board asked MAC to host an art show in the park in conjunction with Dairy Days Nearly 30 artists participated in our first Dairy Days Art Show All expenses reimbursed by the Dairy Board The most negative feedback that we received was that people wanted to see more artists, which is great to hear!  CONCERTS ON BROADWAY  JUNE - SEPTEMBER, 2016 Four Concerts in 2016    Soul Patch, new to COB    High Street Band     Precious Byrd, new to COB    Kevin Kirk & Onomatopoeia    AND BONUS Sally Tibbs Food Trucks were at three of the four concerts    One late cancellation that    we couldn’t fill No rain outs, but wind and cool weather impacted the attendance at the first concert Parks staff added recycling bins for our patrons to use and they came out to help us address electrical issues often  First time partnership with a local arts organization to provide Production Management services: WineGlass Arts Development  Their professional individuals increased the value of the productions and will continue to improve the overall series as it grows M O V I N G O N U P MERIDIAN ART WEEK  SEPTEMBER 5-9, 2016 MDC continued to ask about a potential 2016 art walk Shelly Houston  shared an idea called “World Art Drop Day”  Lois Chattin, Renaissance High School, asked MAC to host a chalk art competition.   “Meridian Art Week” was born MAC received a lot of encouragement from Mayor Tammy and local businesses V I S ION & ACT I O N Partners: West Ada School District, Meridian Arts Foundation, & the Meridian Downtown Business Association Generally well received for its first year, but with a team of people interested in working with MAC next year  Advertised in the Meridian Press and Boise Weekly, and also printed handouts from Modern Printers.     Even with these efforts,      many people said that          there needed to be more      advertising PUBLIC ART “Out on the Town” by Daniel Borup was well loved during the public input period for a public art installation at Fairview and Main Installed on City Hall’s plaza during Meridian Art Week. We have seen a lot of interaction with the statue Danielle Foushee agreement was terminated MAC provided options to MDC and Council. MDC supported the option to commission another piece that was a finalist for the RFP for the project  CJR Design accommodated our time frame and budget  Installed “Native Grasses” at the corner of Fairview and Main in late September   Park Identities Public Art Roster established! First project under the artist master agreements is Heroes Park: awarded to Ken McCall COMMUNITY CHAMPIONS MAC has seen a lot of wonderful enthusiasm from members of the community this year. These people are business owners, students, and artists. Some of these people were referenced earlier, and there are too many to list in full, but we are happy to see the arts community growing stronger year after year.  One citizen of note is Andrew Clifford, who you met in late 2015. As of spring 2016 Andrew's art was wrapped on the traffic box at the corner of Fairview and Locust Grove.  OPEN HOUSE ON MAY 3, 2019 thank you for another year of support! Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 8A PROJECT NUMBER: H-2017-0004 ITEM TITLE: Movado Estates Subdivision No. 1 Final Plat for Movado Estates Subdivision No. 1 (H-2017-0004) by DevCo, LLC Located at South Side of E. Overland Road, Between S. Topaz Way and S. Cloverdale Road MEETING NOTES Clol,itil\, t� r- 7/ /7 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: February 28, 2017 ITEM NUMBER: 8B PROJECT NUMBER: H-2017-0005 ITEM TITLE: Final Plat for Movado Estates Subdivision No. 2 (H-2017-0005) by DevCo, LLC Located South Side of E. Overland Road, Between S. Topaz Way and S. Cloverdale Road MEETING NOTES �,✓ N m o -cl i 71 X �7 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 __________________________________________________________________________ Ph: 208.887.2211  www.meridiancity.org  Fax 208.887.1297 Rev: 01/2011 Community Development Department MEMORANDUM February 27, 2017 To: Mayor Tammy de Weerd City Council Members From: Bruce Freckleton, Development Services Manager Re: Fee Waiver Request – Meridian YMCA In his letter dated December 12, 2016, Scott Curtis, Senior Vice President of the Treasure Valley Family YMCA, requested a waiver of fees associated with the proposed new YMCA to be co - located at the Hillsdale Elementary School in southeast Meridian (see attached). The following information outlines the applicable fees for a project of this type. If a waiver is granted, it would have a negative result in the ability of the General Fund or Enterprise Fund to pay for approved FY’17 expenditures: Planning Division Fees: Planning Division fees have already been paid. Fee Item Actual Fee Cert. of Zoning Compliance $453.00 Administrative Design Review $173.00 Alternative Compliance (Refunded 12/20/2016) $0.00 Sub-Total $625.00 Land Development Division Fees: Land Development Division fees have already been paid. Fee Item Est. Fee Public Works Plan Review Fees $568.80 Public Works Inspection Fees $981.18 Public Works Pre-Treatment Plan Review Fee $75.00 Sub-Total $1,624.98 Public Works Dept. Fees: The Public Works Department Fees historically have never been waived. Fee Item Actual Fee Sanitary Sewer Assessment $40,413.24 Water Assessment $14,462.09 Water Meter(s) – Two 2” Meters $1,372.00 Sub-Total $56,247.33 Impact Fees: The Impact Fees historically have never been waived. Fee Item Est. Fee Police Impact Fee $4,095.00 Fire Impact Fee $16,965.00 Sub-Total $21,060.00 Building Division Fees: The below permit costs are based on actual bids. Fee Item Est. Permit Cost % / $ to City (Soft Cost) % / $ Paid by City To Independent Contractors (Hard Cost) Commercial Permit Fee $65,831.72 85% / $55,956.96 15% / $9,874.76 Commercial Plan Check Fee $42,790.62 85% / $36,372.03 15% / $6,418.59 Fire Plan Review Fee $19,749.52 27% / $5,332.37 73% / $14,417.15 Electrical Permit Fee $5,280.06 30% / $1,584.02 70% / $3,696.04 Mechanical Permit Fee $6,924.50 40% / $2,769.80 60% / $4,154.70 Plumbing Permit Fee $5,482.22 40% / $2,192.89 60% / $3,289.33 Fire Sprinkler/Alarm Permit Fee *Unknown 27% / *Unknown 73% / *Unknown Sub-Total $104,208.07 $41,850.57 *Fire Sprinkler/Alarm permits are based off # of Heads/Devices. This information is not available at this time. Proposed Total $104,208.07 the FOR YOUTH DEVELOPMENT° FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY December 12, 2016 Dear Mayor Tammy and Meridian City Council, We are very excited that our joint project in South Meridian is progressing and we can all celebrate this partnership that will do so much for the community. I am writing to ask you to consider waiving or reducing certain fees as a part of our development applications to the city. As you know, the spirit of this partnership has been one where all of the partners are helping each other and in many cases taking on costs which may be incurred by others. It would help our project significantly if you would consider waiving or reducing the indirect fees for our applications. As you know, the YMCA is fully supportive of the park development. This includes our construction of the parking areas and curbing for the park. An additional contribution to the partnership has included the YMCA being the recipient of the property donations from Brighton Corporation and the Hill family. We have served this role at the request of you and the other partners, serving as a temporary holding place until design details could be finished and the partners were prepared and willing to receive the acreage they needed. During this time, the YMCA is required to pay property tax for the acreage that we are eventually donating to the city. Thank you for your consideration in this matter. We look forward to continuing to partner with you at The Hill and in many other ways. Thanks, Scott Cu is Senior ice President TREASURE VALLEY FAMILY YMCA - ASSOCIATION SERVICES 1 177 W State Street, Boise, Idaho 83702 P 208 344 5501 F 208 331 0018 YMCATVIDAHO.ORG The Ye So Much More`" Meridian City Council Meeting g p DATE: February 28, 2017 ITEM NUMBER: -,8C PROJECT NUMBER: H-2017-0006 ITEM TITLE: Handy Wholesale Products Public Hearing for Handy Wholesale Products (H-2017-0006) by Lawson Design Located 710 E. King Street 1. Request: Vacate the Twenty (20) Foot Wide Public Utility, Drainage and Irrigation Easement on the North Boundary of Lot 17, Block 2, Meridian Business Park Subdivision MEETING NOTES � APPROY[74 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Changes to Agenda: The applicant has requested items 8A and 8B (Movado Estates No. 1 and No. 2) be continued until March 7th so the applicant can modify the plats to address staff comments. Item #8D: Handy Wholesale Products (H-2017-0006) Application(s): Vacation Size of property, existing zoning, and location: This site consists of 2.24 acres, zoned I-L and is located at 710 E. King Street. History of Previous Actions: 1. In 1995, the 20-foot wide PUDI easement was platted as part of the Meridian Business Park Subdivision. 2. Recently, a certificate of zoning compliance (A-2016-0366) was approved to construct a 22,240 square foot truck service bay (2,080 sq. ft.) and warehouse addition (20,160 sq. ft.) to the existing 6,000 square foot building. Summary of Request: The applicant requests approval to vacate the 20-foot wide public utility, drainage and irrigation easement platted along the north boundary of Lot 17, Block 2 of Meridian Business Park Subdivision. The applicant is vacating the easement and obtained approval to construct a new 20,160 square warehouse addition that spans the property line, existing easement and encroaches into the rail corridor. In order to obtain a building permit, the easement must be vacated. All public utilities (Idaho Power, Century Link, Cable One, Intermountain Gas) have given consent to relinquish their easements. NMID submitted a letter stating they have no facilities within the easement area. The Planning Division has also received an email from the Railroad Representative allowing the construction of the addition into the railroad corridor. Staff recommends approval of vacating the easements as proposed. Written Testimony: None Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0006, as presented in the staff report for the hearing date of February 28, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0006, as presented during the hearing on February 28, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: February 28, 2017 Item # Project Number: H-2017-0006 Project Name: Handy Wholesale products Please print your name For Against Neutral Do you wish to testify (Y/N) CITY or- r C 1 C E,-. 'p City Council Meeting February 28, 2017 Item #8D: Handy Wholesale Products -Zoning & Aerial Maps Approved Site Plan Easement Proposed to be Vacated 2540 S. Del Rey Lane Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Fall Creek Subdivision No. 2 Request for Reimbursement Agreement for Infrastructure Enhancement - Fall Creek Subdivision No. 2 MEETING NOTES yc,cmw — /�/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 Request for Reimbursement Agreement for Infrastructure Enhancement per MCC 8-6-5 Basis of Recommendation for Denial of Request Opportunity to have adjacent properties reimburse was missed. Request for RAIE received (8/11/16), after the approvals of adjacent properties in Southridge Sub. Not eligible for reimbursement per MCC 8-6-5 language, wherein any eligible infrastructure is above and beyond what is required in the Public Works Infrastructure Master Plans. The Master Planned main is 12-inch in diameter, and the installed main is 12-inch in diameter. 2008 2013 2014 2014 Southridge Sub. Fall Creek Sub. Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Community Development Community Development: Pending Ada County Development Application Response 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 February 23, 2017 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Ada County Development Application – Contractor’s Yard February 28, 2017 City Council Agenda Item City Staff received a transmittal from Ada County Development Services (attached.) The property owner at 2540 S. Del Ray Lane is proposing to establish a contractor’s yard on 5.1 acres. This property is located within Meridian’s AOCI and is contiguous to existing city limits (see attached map.) This property is designated “Low Density Residential” on the City’s Future Land Use Map. Contractor’s Yards are not permitted in any residential district of the City. This property is eligible for annexation into Meridian. Staff seeks Council direction on commenting to the County on this application. Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Community Development: 2017 Transportation Priorities MEETING NOTES /td 0 f tr-,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 Memo To: Mayor and City Council From: Caleb Hood, Planning Division Manager Date: 2/16/2017 Re: 2017 Transportation Project Priorities Annually, the City prepares a list of transportation priorities for the Ada County Highway District (ACHD) to consider in their programming and budget process. The ACHD recently sent a letter to the City requesting priority projects for them to consider in their 2018-2022 Integrated Five-Year Work Plan (IFYWP.) ACHD is requesting all project requests be submitted no later than March 17, 2017. During their January 9th and February 6th meetings, the Meridian Transportation Commission (TC) discussed priorities for 2017. The City’s final 2016 priority list was used as a starting point for the 2017 list. Roadways, Intersection and Community Program projects were moved up, down, onto, and off of the 2016 list. On the attached spreadsheet, the first column shows the proposed 2017 rank, and the second column shows the 2016 rank. During the February 21st, City Council meeting, Staff will briefly explain ACHD’s programming process (essentially our top 15 projects matter; see attached ACHD Combined Prioritization Spreadsheet for an overview of how ACHD scores projects) and will run through the proposed priorities, in hopes the Mayor and City Council will endorse and send to ACHD before the March 17th deadline. NOTE: Attached is a map that depicts the location of the draft roads/intersection priorities as shown on the spreadsheet (also attached). Attachments: 2017 Combined Roadways & Intersections Priorities Map (DRAFT) Draft 2017 Roadways & Intersections Priorities Draft 2017 Community Programs Priorities ACHD Combined Prioritization Spreadsheet DRAFT Cover Letter DRAFT February 24, 2017 Paul Woods Commission President Ada County Highway District 3775 Adams Street Garden City, ID 83714 Dear Commissioner Woods: We appreciate the opportunity to submit the attached lists of transportation projects for consideration in the ACHD 2018-2022 Integrated Five-Year Work Plan (IFYWP). The City strongly believes the attached prioritized lists are not a wish-list of niceties but rather an identification of Meridian’s most-needed transportation system projects. As we continue to see development both north and south of I-84, this list is our attempt to hold true to previous IFYWP submissions from the City and identify areas where investments, both immediate and long-term, can have a meaningful impact. The City is thankful for ACHD staff attendance at both the Meridian Transportation Commission and City Council meetings, for the questions they have answered, and for generally assisting the City as we navigate through your programming process. With this assistance the City has been able to develop a greater understanding of all the work that goes into programming and budgeting for roadway, intersection and Community Program projects. While we understand that congestion, safety and ultimately cost-benefit dominate the process, the City’s priorities also reflect areas of our community where we are currently experiencing and anticipate eminent growth. For 2017, our priority lists represent the technical merits, the reality of where roadway and intersection projects are needed today, and in the near future, as well as an effort to complete corridors and not necessarily a mile-by-mile approach to road improvements. A couple of key projects we’d like to highlight this year: Pine Avenue, Locust Grove to Meridian Road and Idaho Avenue. These key corridors are currently under-built, but once reconstructed will help motorists, pedestrians, and cyclists. The Pine/Emerald corridor has been recognized by ACHD as the primary east-west bicycle connection in Ada County and ACHD has invested, or plans to invest, in several critical projects throughout this corridor (Pine/Linder Intersection, Cloverdale/Pine Intersection, Emerald, Orchard to Americana and Pine, New Have Cove to Rotan to name several) which increases its attractiveness an alternative route to Fairview and Franklin roads. This segment of Pine in Meridian represents one of the final pieces of the Pine/Emerald corridor that does not have sidewalks and bike lanes completed or planned in the near future. In addition to its regional significance this project also has direct impacts on access into the City of Meridian’s Downtown and it connects directly to the City’s growing pathway network. We appreciate the District allocating resources to design this project and look forward to its construction beginning in FY2018. Idaho Avenue, between Main and E. 2nd Street was chosen by our community for a Lighter, Quicker, Cheaper installation this past year. Temporary improvements like re-striping and the addition of decking and planters have helped establish a sense of place in this downtown block and positively affected adjacent business and property owners. Thank you for working with us to allow Idaho Avenue to be “right-sized.” This year, we’re asking ACHD to take the next step on Idaho Avenue by beginning to program funds to design and eventually reconstruct the roadway with wider sidewalks and narrower travel lanes, between Meridian Road and E. 3rd Street (3 blocks.) This is one of two City applications for Economic Development projects. Please communicate with Caleb Hood, 884-5533, with any questions or issue that may arise regarding the City’s lists of priority projects. Thank you for your time and consideration of our priority requests. Sincerely, Tammy de Weerd Mayor Attachments Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Community Development: US 20/26 Corridor Study Environmental Assessment Overview 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 Mayor’s Office 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 Fax 208-884-8116 www.meridiancity.org February 28, 2017 Adam Rush Public Involvement Coordinator Idaho Transportation Department 3311 W. State Street Boise, ID 83707-1129 Dear Mr. Rush: The City of Meridian has reviewed the Environmental Assessment (EA) for the US 20/26 Corridor Study, I-84 to Eagle Road, and respectfully submits this letter. Efficient movement of commuters, goods, and services into and through this area is currently hampered due to the current lane configuration of US 20/26 (Chinden Boulevard). The City of Meridian has been actively working to ensure traffic concerns for the area are addressed more immediately, specifically the widening of Chinden to accommodate the current traveling public in a way that meets the safety, mobility, as well as the economic development needs of all. The City is generally supportive of the Corridor Study and the associated EA; our number one priority is obtaining immediate capacity improvements to the corridor. Unfortunately, many improvements called for in the Corridor Study are decades away. We support ITD in the development of a short and long-term phasing plan for widening the travel lanes and intersections along this corridor, but more needs to be done sooner. After the EA is approved, we encourage ITD to identify funding sources and begin programming and making additional improvements to the corridor as soon as possible. We appreciate the vision the ITD Board has shown in the past by maximizing transportation investments that bring about economic opportunities and long-term viability. Improving the US 20/26 corridor will spur development of underutilized lands and provide public-private partnership opportunities. But the benefits from the project will not be Meridian’s alone; benefits of this project will be felt regionally and beyond. Chinden Boulevard is a critical mobility corridor in our region and the State of Idaho and both of our agencies have a vested interest in its function. It is important to our region to Adam Rush Page 2 have an efficient, effective, and integrated roadway network to transport goods and services. We applaud the efforts of ITD, to look for funding opportunities that address the transportation improvements necessary to realize economic growth and long term viability of our region and the State of Idaho. Sincerely, Tammy de Weerd Keith Bird Joe Borton Mayor City Council President Council Vice President Luke Cavener Genesis Milam Ty Palmer Council Member Council Member Council Member cc: Greg Vitley, ITD Environmental Engineer Marc Danley, District 3 Project Manager Amy Revis, District 3 Engineer ITD Board Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 9D PROJECT NUMBER: ITEM TITLE: Award of Bid #PKS-1720-10736 Finance: Discussion and Approval of Award of Bid #PKS-1720-10736 and approval to purchase one (1) Wide Area Mower from RMT Equipment and authorize the Purchasing Manager to sign Purchase Order # 17-0213 for the Not -to -Exceed amount $67,880.00 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 Page 1 Memo To: C.Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Jeremy Aldrich; Roger Norberg Date: 2/16/17 Re: February 28th City Council Department Report The Purchasing Department respectfully requests that the following item be placed on the February 28th City Council Agenda under Department Report . Approval of Award of Bid #PKS-1720-10736 and approval to purchase one (1) Wide Area Mower from RMT Equipment and authorize the Purchasing Manager to sign Purchase Order #17-0213 for the Not-to-Exceed amount $67,880.00.The bid was advertised on the City’s Purchasing website as well as the local city paper, Meridian Press for two consecutive weeks starting February 3rd . Only one vendor responded by the Due Date of February 15, 2017. The Purchasing Department researched all vendors / dealers capable to bid (see attached) and there were four others that had the opportunity to bid on the equipment but did not do so. Recommended Council Action: Approval of award of the Bid Wide Area Mower for the Not-To-Exceed amount of $67,880.00, and authorize the Purchasing Manager to sign Purchase Order . This purchase is part of the approved 2017 Budget. Thank you for your consideration. . City of Meridian Purchasing Dept. d{,IDIAN IDAH O CITY OF MERIDIAN 33 EAST BROADWAY AVE. ME,RIDIAN, ID 83642 (208) 888-4433 Vendor Address: RMT EQUIPMENT PO BOX 57246 SALT LAKE CITY UT 84157 Purchase Order Attention: JeremyAldrich 212812017 17-0213 Description Billing Address: Shipping Address: Shipping Method FOB: Dollar Attn: Finance 33 E Broadway Ave Meridian, lD 83642 City of lveridian Parks Department 1700 E. Lanark St. Meridian, lD 83642 Total Jacobsen Wide Area Mower HR700 Purchasing Manager: Special lnstructions truck destination 67880.00 1.00 Purchase Order Total 67,880.00 $67,880.00 Conf PO per bid PKS-1 720-10736 byRMT Equipmenl dated 2t13117 . Approved by Counc 2t2gt17 Notto-Exceed $67,880.00Case Mgmt 56094. 01 -5210-94400-'10736 Unit Quantity I Unit Price FindaDealer-Jacobsen Page 1 of2 Find a Dealer Your search has returned the followrng result Rl.lT Equipment 4225 South 500 west Sart Lake city, UT 84123 Phone: (801) 261-2r00 Fax: (801)262-9740 ftincipal Contact: B.edt Bonham, Br.ndon Bonham Parts Manager: Bret ttather Seruice Manager: rraft Shimett E-mail I bran.lon@rmt€qulp.rE.t.com lu.l@.mtequlpment.com website: $rww. rmtcqu lpment.6o.n Vlew Google Map RMT Equipment Boise. IO 83709 Phone: (208) 362 2714 Fax: (208) 362-2383 View Google Map RMT Equipmerrt 3113 East Marn St. Lewiston. IO 83501 Phoner (208) 743 4571 Fa\.: (2OA) 743 4572 Vlew Google Map RlilT Equipment 935 NW Corporate Center Orive Troutdale, OR 97060 Phon€r 503 667 5000 Fax:503-567-5002 vlew Google lilap RMT Equipmert 1595 Bishop Rd. Chehalis, WA 98532 Phone: (160) 748 3110 http ://www jacobsen.com/dealer-locator?p:2&c: 1 46 &= 1 &y :0 211512017 E IDIAN IDAHO BID NAME: Wide Area Mower DUE DATE & TIME: February 15,2017 2:30 BID NUMBER: PKS-1720-10736 VENDOR 6 BID AMOUNT Opened by Altud- (/r- tttex: ffi,Hl,,wrLt.- RIIAf Eorriomvnt X .rl -o-i BBr->IIIIIIIIII II ^% city Of Meridian Statement of Revenues and ExpenoJres - Rev and Exp Report - Sandra - ULdted Transactions Included In Report 01 - G€neral Fund 5210 - Parks Maiatenance Diviaion Erom 10/1/2016 Th,rongh, 9/3A/2071 Budget with Cr.rrrent Year Actual Budge I Remalnrng 94400 capita.L outlay Capita.l. - Equipment Total capital Outlay 0.00 _ ,0. 0L ,- 82,100- 0L 82, 500. 00 I2-l8 Q- 8 L a2 500.00 DEPT EXPENDITURES TOTAL EXPENDITURES 82 5C0.0!0.00 82,500.00 e2 500. 00 0.00 82, 500 . 00 DaLe. I/23/11 12t11t2I Pl4 Meridian City Council Meeting DATE: February 28, 2017 ITEM TITLE: Fire Department ITEM NUMBER: PROJECT NUMBER: 9E Fire Department: Amendment of Ada County -City Emergency Medical Services System (ACCESS) Joint Powers Agreement to incorporate terms of parties' shared use of ESO reporting software for report writing and records storage and management 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: February 28, 2017 ITEM NUMBER: 9F PROJECT NUMBER: ITEM TITLE: Amended Joint Powers Agreement Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County Establishing the Ada County -City EMS System ("ACCESS") MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMFNT No.D 1 RESTATED AND AMENDED 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 1 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. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 1 1/26/17 Now, for and in consideration of the mutual covenants and promises herein set forth, and 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 1/26/17 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 1/26/17 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 JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 4 1/26/17 withdraw 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 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. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 5 1/26/17 3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to 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 chairman, 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 JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 6 1126/17 4.1.3.2 The Vice Chairman shall be a member of the Board and shall carry out 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 JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 7 1/26/17 regarding the Party's agency licensure levels within the System; 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 licensed 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 1/26/17 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 1 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 1/26/17 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 line 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 JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 10 1/26/17 for the provision of EMS services, nor shall such agreement extend any voting rights to 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 0.1 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 JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 11 1/26/17 regarding a recommendation to the Board shall require a two-thirds (2/3) 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: JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 12 vz6fi7 6.3.1 Development, maintenance, and annual review of the Ada County -City EMS 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 JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 13 1/26/17 agreements, competency management strategy, 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 the 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 1/26/17 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 JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 15 1/26/17 purpose of this Agreement, including adoption of any ordinance or resolution 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 seq. 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 JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 16 1/26/17 personnel and equipment to operate within the System. Upon direction from the Board, 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. 8.8 Shared Use of ESO Reporting Software. The Parties, with the exception of Kuna Rural Fire District, hereby adopt the attached Appendix A to this Agreement, for the purpose of establishing terms and conditions of the shared use of ESO Reporting Software for report writing and records storage and management. 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 JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 17 1/26/17 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: 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 III, 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. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 18 1/26/17 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 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 the 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 the 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. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 19 1/26/17 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 - 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 Ft -ADA COUNTY COMMISSIONERS: By: David L. Case, Commissioner e By: Jim Tibbs, Commissioner r By: .l L^%. Rick Visser, Commis' e Z /� Attest: Christopher Rich, Ada County Clerk BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: L bn�c 'avis dL. 'Case, Commissioner By: Jim Tibbs, Commissioner Rick Visser, Commissoneerr/ f Attest: CH i stopher Rich, Ada County Clerk CITY OF BOISE: Attest: David Bieter, Mayor Lynda Lowry, City Clerk JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 20 1/26/17 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 - 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 ADA COUNTY COMMISSIONERS: By: Jim Tibbs, Commissioner By: David L. Case, Commissioner By: Rick Visser, Commissioner Attest: Christopher Rich, Ada County Clerk BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: L-12 IU0 Jim Tibbs, Commissioner David L. Case, Commissioner Rick Visser, Commissioner Attest: Christopher Rich, Ada County Clerk CITY OF BOISE: R 2/28/17 Attest: 2/28/17 Davi Bieter, ayor L nda Lowry, City Clerk JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIV PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 20; 1/26/17 CITY OF MERIDIAN: V y� a� ttest: Tam rd, Mayor C.ay Cols City Clerk �VRE VAI�r STAR PROTECTION DISTRICT: Jared Moyle, Board Chairma.'n EAGLE FIRE PROTECTION DISTRICT: Gary Stillwell, Board Chairman KUNA RURAL FIRE PROTECTION DISTRICT M.G. Bud Beatty Jr., Board, Chairman NORTH. ADA FIRE & RESCUE'. DISTRICT: Margaret Dimmick, Commission Chair JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 21 U26/Y7 CITY OF MERIDIAN: Attest: Tammy de Weerd, Mayor STAR FIRE PROTECTION DISTRICT: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Gary Stillwell, Board Chairman KUNA RURAL FIRE PROTECTION DISTRICT M.G. Bud Beatty Jr., Board Chairman NORTH ADA FIRE & RESCUE DISTRICT: Margaret Dimmick, Commission Chair C.Jay Coles, City Clerk JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 21 1126(» CITY OF MERIDIAN: Attest: Tammy de Weerd, Mayor STAR FIRE PROTECTION DISTRICT: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: ji-110AWMAW M4&k 101 MWA. KUNA RURAL FIRE PROTECTION DISTRICT M.G. Bud Beatty Jr., Board Chairman NORTH ADA FIRE & RESCUE DISTRICT: Margaret Dim -nick, Commission Chair C.Jay Coles, City Clerk JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 21 1/26/17 CITY OF MERIDIAN: Attest; _ Tammy de Weerd, Mayor C.Jay Coles, City Clerk STAR FIRE PROTECTION DISTRICT: Jared Moyle, Board Chairman EAGLE FIRE PROTEC'T'ION DISTRICT: Gary Stillwell, Board Chairman KUNG RURAL FIRE PROTECTION DISTRICT M.G. Bud Beatty Jr., Board Cha' n NORTH ADA FIRE & RESCUE DISTRICT: Margaret Dimmick, Commission Chair JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL. SERVICES IN ADA COUNTY — PAGE 21 1126117 CITY OF MERIDIAN: Attest: Tammy de Weerd, Mayor STAR FIRE PROTECTION DISTRICT: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Gary Stillwell, Board Chairman KUNA RURAL FIRE PROTECTION DISTRICT M.G. Bud Beatty Jr., Board Chairman NORTH ADA COUNTY FIRE & RESCUE DISTRICT: Mar ar Dimmick, Commission Chair C.Jay Coles, City Clerk JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 21 1/26/17 APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE This APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE ("Appendix A"), is made pursuant to Article VIII, § 8.8 of the Agreement, by and between the parties to the Agreement, with the exception of Kuna Rural Fire District. The parties to this Appendix A may each be referenced separately in this Appendix as "Party" or collectively as "Parties." WHEREAS, the Kuna Rural Fire District shall remain a party to the Agreement as if it had not been amended by the addition of this Appendix A; the Kuna Rural Fire District is not, however, a party to this Appendix A, and it is the intention and agreement of each Party hereto that the Kuna Rural Fire District shall be exempt from all provisions of this Appendix A; WHEREAS, the Parties have determined that it is in the best interest of their respective jurisdictions to use ESO Reporting Software ("ESO") for report writing and records storage and management; WHEREAS, it is the Parties' desire to provide to each other mutual access to ESO's functions and information stored therein in order to achieve economy of public resources, better coordinate public safety and emergency responses, undertake local and regional analyses and planning efforts, and work cooperatively to fulfill public service and governmental functions; WHEREAS, the records created and stored in ESO are public records, as that term is defined in Idaho Code section 74-101(13), and are therefore subject to the Idaho Public Records Act, including the requirements of and exemptions from disclosure enumerated therein; WHEREAS, to the extent that the information contained in ESO is Protected Health Information ("PHI") as that term is defined in the Health Insurance Portability and Accountability Act ("HIPAA"), 42 U.S.C. §§ 201 et seq., such information is exempt from public disclosure under the HIPAA Privacy Rule promulgated by the U.S. Department of Health and Human Services, 45 C.F.R. §§ 164.508(a)(1) and (c), and Idaho Code § 74-104(1); and WHEREAS, under Idaho Conservation League, Inc. v. Idaho State Department of Agriculture, 143 Idaho 366 (2006) and Idaho Code section 74-102(13), a record prepared, owned, used or retained by a governmental entity remains the record of that entity, notwithstanding delegation of that agency's custodial duties as to such record, nor the location or format in which the record is stored; WHEREAS, where two or more Parties respond to an incident, each responding fire department or district may prepare an Electronic Health Report ("EHR") specific to each patient, Ada County Paramedics may prepare an EHR specific to each patient, and ESO will merge both EHRs into one consolidated EHR; further, each responding fire department or district may prepare a National Fire Incident Report System Report ("NFIRS Report") specific to that incident, and ESO will merge both NFIRS into one record; NOW, THEREFORE, subject to the limitations of the Agreement and this Appendix A APPENDIX A: ESO REPORTING SOFTWARE PAGE I OF 5 and in order to meet the objectives described above, the Parties hereby agree as follows: I. STATEMENT OF PURPOSE (AGREEMENT, ARTICLE XI). This Appendix A is proposed by the Board as an addendum to the Agreement. The purpose of this Appendix A is to establish the terms and conditions of the Parties' use of ESO for creating and storing records of individual and joint responses to medical and fire emergencies; to coordinate a uniform approach and response to requests for records stored in ESO; to delegate to Ada County Paramedics ("ACP") custodial responsibility for EHRs stored in ESO, which responsibility shall include, without limitation, responding to requests for such records in accordance with the Idaho Public Records Act, and records retention and destruction in accordance with the Parties' respective retention schedules. II. PUBLIC RECORDS REQUESTS A. Requests for EHRs. The following provisions shall apply to requests and/or subpoenas duces tecum for EHRs stored in ESO. 1. Delegation of Custodial Duties. As to EHRs stored in ESO, the Parties hereby delegate to ACP their respective custodial duties, including, without limitation, the duty to timely respond to a request for such records pursuant to subpoena or Idaho Code section 74-102; to manage such records; and to protect PHI from improper disclosure pursuant to HIPAA. 2. Designation of Records Custodians. Each Party shall designate a Records Custodian, and shall notify the Secretary of same. The Secretary shall keep a current registry of the Parties' respective Records Custodians, to include their names, addresses, e-mail addresses, and phone numbers. 3. Process. Whenever any Party receives a request for an EHR, the Party receiving such request shall, by 5:00 p.m. of the first business day on which the request is received, forward such request to ACP Records Custodian, and shall notify the requestor that the second Party is the custodian of the record requested, and that the request has been referred to the second Party for response. ACP shall process and respond to all requests for EHRs on behalf of the agency forwarding such request. In so doing, ACP shall observe all requirements of the Idaho Public Records Act, HIPAA, and ACP's Records Release Policy, Designated Records Set Policy, and HIPAA Policy. 4. Fees. Pursuant to Idaho Code section 74-102(10), the Board of Ada County Commissioners may adopt, and ACP may assess, fees for labor, materials, and legal review related to the preparation of responses to requests for EHR. Each Party to this Appendix A shall adopt by reference the most current fee schedule established by the Board of Ada County Commissioners as it relates to EHRs stored in ESO. ACP shall notify the parties of any and all proposed and final changes to such fees. 5. Petition. In the event that a requestor files a petition pursuant to Idaho Code section 74-115 contesting ACP's decision to release or deny a record stored in ESO pursuant APPENDIX A: ESO REPORTING SOFTWARE PAGE 2 OF 5 to the delegation of authority to ACP provided herein, the following provisions shall apply. a. Record of incident that included ACP. Where the responsive records at issue are related to an incident to which ACP responded, in whole or in part, Ada County shall defend such decision in district court and in any and all subsequent appeals. Ada County shall be responsible for all expenses related to such petition or any ruling or order related thereto, including attorney fees, costs, penalties, or sanctions. Where a petitioner joins a party other than ACP, the joined party shall be responsible for its own appearance and all expenses related thereto. b. Record of incident that did not include ACP. Where the responsive records at issue are related to an incident to which ACP did not respond at all, ACP shall, by 5:00 p.m. of the first business day on which the petition is served, forward such petition to the agency or agencies that did respond to the incident. The agencies that did respond to the incident shall move to join the petition and shall stipulate to dismissal of the petition as to ACP. B. Requests for NFIRS Reports. The following provisions shall apply to public records requests and/or subpoenas duces tecum for NFIRS reports stored in ESO. Custodial duties; delegation to co -responders. Pursuant to Idaho Code sections 74- 101(3) and (13), each Party is the sole custodian of all NFIRS Reports that it prepares and/or stores in ESO. Where two or more parties respond to one incident and the NFIRS Reports they separately prepare and/or store in ESO are merged into one record, both parties are co -custodians of the merged record. To the extent that such merged records contain information prepared by multiple Parties, as to such merged records, the Parties hereby delegate to each other their respective custodial duties. 2. Response to request for agency's own NFIRS Report. Where a Party receives a request for a NFIRS report prepared by that Party, and that Party is the only Party that prepared the requested NFIRS Report, that Party shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. 3. Response to request for another agency's NFIRS Report. When a Party receives a request for a NFIRS Report prepared by a second Party, and the second Party is the only Party that prepared the requested NFIRS Report, the Party receiving such request shall, by 5:00 p.m. of the first business day on which the request is received, forward the request to the second Party's Records Custodian. The Party that originally received such request shall notify the requestor that the second Party is the custodian of the record requested, and that the request has been referred to the second Party for response. The second Party shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. APPENDIX A: ESO REPORTING SOFTWARE PAGE 3 OF 5 4. Response to request for merged NFIRS Report. When a Party receives a request for a NFIRS Report that contains information prepared both by that Party and by a second or additional Party or Parties, and such information is merged into one record by ESO, the Party receiving such request shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation. The Party receiving such request need not notify the additional Party or Parties that such request was received, except that the Party receiving the request for such NFIRS Report shall, by 5:00 p.m. of the first business day on which the request is received, notify the Records Custodian of all Parties whose information is contained in the NFIRS Report where such NFIRS Report refers to or contains information related to the following circumstances ("Extraordinary Circumstances"): a. One or more casualties; b. A fire investigation; c. An intentional fire; d. Hazardous materials; e. Property loss or costs estimated at $10,000 or more; and/or f. Other circumstances under which, in the discretion of the Party receiving the request, consultation between the Parties would promote the safety, welfare, or best interest of either Party, citizens involved in the 'incident described in the NFIRS report, or the public. In the event that a requested NFIRS Report describes Extraordinary Circumstances, the Parties shall work together to prepare a response that is acceptable to both Parties. In the event that the Parties cannot come to consensus prior to the deadline for release of a NFIRS Report describing Extraordinary Circumstances, the Party that originally received the request shall consider the input of all other Parties, and shall provide a response to the requestor that accommodates such input as the Party that originally received the request deems practicable. In any event, as to NFIRS Reports that do and do not pertain to Extraordinary Circumstances, the Party that originally received the request shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. 5. Principles of response. In order to provide uniform responses to public records requests, the Parties to this First Addendum hereby agree that: a. Absent statutory exemption, NFIRS Reports stored in ESO shall be presumed to be subject to disclosure upon request, including, without limitation: incident reports; investigative reports and photographs; addresses and phone numbers, including location and involved persons; and responding crew member names and positions. b. Prior to disclosing a record which contains both PHI and information subject to disclosure, the responding agency shall redact all PHI pursuant to Idaho Code section 74-104(1), which provides that PHI is exempt from disclosure pursuant to 45 C.F.R. §§ 164.502(a) and 164.512(a)(1), promulgated by the United States Department of Health and Human Services, pursuant to 42 U.S.C. § 264(b), APPENDIX A: ESO REPORTING SOFTWARE PAGE 4 OF 5 unless disclosure is appropriate pursuant to ACP's HIPAA Policy, a copy of which is attached hereto as Exhibit A. c. It is acknowledged and agreed that information related to "Extraordinary Circumstances," as enumerated above, may be subject to particular statutory standards of review and/or redaction. d. The exemption for law enforcement records set forth in Idaho Code section 74- 124(1) shall not be presumed to apply to NFIRS Reports, unless the report pertains to a suspected commission of a fire -related crime (arson, false alarm, fireworks, explosives, malicious injury to property, concealment, etc.) in which case the responding Party may be acting as a law enforcement officer for purposes of this exemption. e. Pursuant to Idaho Code section 74-103(4), any denial of a request for NFIRS Report information requires consultation with legal counsel of the Party responding to the request. Requested records may contain information that is both exempt and nonexempt from disclosure. Pursuant to Idaho Code section 74-112, such information must be separated and disclosed accordingly. III. RETENTION OF RECORDS IN ESO. A. Retention of Records. A record stored in ESO shall be retained not less than nineteen (19) years from the date of its creation. Pursuant to Idaho Code § § 31-871(1)(b) and (2)(d) and 50-907(2)(e), such records shall be classified as "semipermanent" records and destroyed pursuant to resolution by the Ada County Board of Commissioners, and the corresponding city council(s) or fire district board of commissioners. B. Records retention schedule. Each Party shall incorporate into its records retention schedule a listing of records stored in ESO, with the following classifications and retentionperiods: Record Classification -Semipermanent Retention period Records containing PII Nineteen (19) years NFIRS incident and casualty reports Semipermanent 'nineteen (19) years Investigative reports Semi ermanent Nineteen (19) rears Photographs Semipermanent Nineteen (19) Public records requests Semipermanent Six (6) years APPENDIX A: ESO REPORTING SOFTWARE PAGE 5 OF 5 Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 9G PROJECT NUMBER: ITEM TITLE: Clerk's Office Clerk's Office: Proposed Updates to Clerk's Office Fee Schedule 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 PROPOSED UPDATE TO CITY CLERK’S OFFICE FEE SCHEDULE FEE TYPE CURRENT FEE AMOUNT PROPOSED FEE AMOUNT Beer license – retail $50.00 $50.00 Beer license – by the drink $200.00 $200.00 Wine license – retail $200.00 $200.00 Wine license – by the drink $200.00 $200.00 Liquor license – by the drink $562.50 $562.50 Alcohol catering permit $20.00 $20.00 Liquor/beer/wine license transfer $100.00 $100.00 Citizen’s Use Permit $50.00 $50.00 Fireworks Display Permit $125.00 $125.00 Retail Sales of Non-Aerial Common Fireworks Permit $25.00 $25.00 Temporary Use Permit – Special Event/Outdoor Market (in a park) $150.00 $150.00 Temporary Use Permit – Special Event/Outdoor Market (not in a park) $85.00 $85.00 Temporary Use Permit – Promotional Sales Unit $65.00 $65.00 Temporary Use Permit – Temporary Sales Unit $65.00 $65.00 Temporary Use Permit – Subdivision Model Home/Real Estate Sales Office $65.00 $65.00 Temporary Use Permit – Temporary Indoor Event $100.00 $100.00 Mobile Sales Unit License* $82.50 $82.50 Pawnbroker License without Precious Metal Dealer Endorsement – Renewal $30.00 $30.00 Pawnbroker License without Precious Metal Dealer Endorsement – New* $72.50 $71.50 Pawnbroker License with Precious Metal Dealer Endorsement – Renewal $30.00 $30.00 Pawnbroker License with Precious Metal Dealer Endorsement – New* $72.50 $71.50 Precious Metal Dealer License – New* $72.50 $71.50 Precious Metal Dealer License – Renewal $30.00 $30.00 Paper copies of public record information 0-100 pgs: $0 101+ pages: $0.10/page 0-100 pgs: $0 101+ pages: $0.10/page Attorney labor to redact nonpublic records Up to 2 hrs: $0 Hours 3+: $29.56/hour Up to 2 hrs: $0 Hours 3+: $60.00/hour Other labor to respond to public records request Up to 2 hrs: $0 Hours 3+: $24.00/hour Up to 2 hrs: $0 Hours 3+: $30.00/hour CD or DVD with public record information $1.00 each $1.00 each Thumb drive with public record information $7.50 each [Remove fee] Insufficient funds (NSF) check fee $20.00 $20.00 Dairy Days Art Show Vendor fee N/A $20.00 * Includes $41.50 ISP background check fee Meridian City Council Meeting DATE: February 28, 2017 ITEM NUMBER: 10 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: February 28, 2017 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Executive Session per Idaho State Code 74-206(a): To Consider Hiring a Public Officer, Employee, Staff Member or Individual Agent, Wherein the Respective Qualities of Individuals Are to be Evaluated in Order to Fill a Particular Vacancy or Need. This Paragraph Does Not Apply To Filling A Vacancy In An Elective Office Or Deliberations About Staffing Needs In General 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