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2017-10-03
Meridian City Council Meeting Agenda Tuesday, October 3, 2017 – Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, October 3, 2017 at 6:00 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X__ Genesis Milam __O__ Luke Cavener (Arrived at 6:08pm) X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. 6. Proclamation for Fire Prevention Month 7. Consent Agenda Approved as amended A. Approve Minutes of September 26, 2017 City Council Regular Meeting B. Resolution No. 17-2038: A Resolution Establishing Appointments for Board Members and Alternates to the Valley Regional Transportation Authority. C. Resolution No. 17-2039: Resolution to Approve City Council President's Appointments of City Council Members to Serve as Department Liaisons, Committee Members, Commission Ex-Officio Members and City Area Contacts. CITY COUNCIL REGULAR MEETING AMENDED AGENDA Meridian City Council Meeting Agenda Tuesday, October 3, 2017 – Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. D. The Oaks South Subdivision No. 5 Water Main Easement E. The Oaks South Subdivision No. 5 Sanitary Sewer Easement F. Final Plat for Hill’s Century Farm Subdivision No. 8 (H-2017-0127) by Brighton Investments, LLC located approximately ¼ mile south of E. Amity Road, and 1/2 mile east of S. Eagle Road G. Findings of Fact, Conclusions of Law for Trust Storage (H-2017-0082) by John Day Located Northeast Corner of S. Locust Grove Road and E. Puffin Street H. Professional Services Agreement for Meridian Anti-Drug Coalition Strategic Prevention Framework State Incentive Grant I. Professional Services Agreement for Policy and Advocacy Consultant Services for MADC J. Memorandum of Understanding for MPD Canine Holding Facility with Blackfoot Police Department K. Second Amendment to Subrecipient Agreement Between City of Meridian and Ada County Housing Authority for PY 2016 Community Development Block Grant Funds L. Second Addendum To Purchase Agreement For Fabrication And Installation Of Vinyl Traffic Box Wraps M. Valley Regional Transit FY2018 Cooperative Agreement N. Authorize Purchasing Manager to sign Purchase Order 18-0005 to Goode Motor for Not-to-Exceed amount of $87,862.74. O. Approval of Award of Bid and Agreement to SNF Polydyne, Inc. for the POLYMER CHEMICAL for a Not-To-Exceed amount of $200,000. P. Amended: Approval of Change Order No. 2 to Task Order 10601.G for WRRF Capacity Expansion Services During Construction to Brown & Caldwell. This is a cost neutral change order to move $55,000 from FY18 to FY17 while reducing the FY18 funding by the same $55,000.00. Q. AP Invoices for Payment - $532,086.90 8. Items Moved From the Consent Agenda 9. Community Items/Presentations Meridian City Council Meeting Agenda Tuesday, October 3, 2017 – Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. A. Mayor's Youth Advisory Council Update B. Solid Waste Advisory Committee: Community Recycling Fund Application for Catalpa Leaf Shaped Bench for the 77 acre South Meridian Regional Park Approved 10. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff’s report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public’s comments. No additional public testimony is taken once the public hearing is closed. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Request for Appeal to Board of Adjustment Decision (BOA 2017-04) by Merlin Slyter Decision of board affirmed B. Final Plat for Nursery Subdivision (H-2017-0128) by JLJ, Inc. located at 570 S. Linder Road Approved C. Public Hearing for Brickyard Subdivision (H-2017-0107) by John Carpenter located at 3611 N. Centrepoint Way Approved 1. Request: Development Agreement modification to accommodate the proposed development plan; 2. Request: Preliminary plat consisting of 61 building lots and 4 common lots on 14.27 acres of land in the C-G zoning district; and 3. Request: Conditional use permit for a multi-family development consisting of 215 dwelling units in the C-G zoning district, by John Carpenter. D. Final Plat for Brickyard Subdivision No. 1 (H-2017-0125) by John Carpenter Located approximately 1/3 mile north of E. Ustick Rd. on the east side of N. Centrepoint Way Approved Meridian City Council Meeting Agenda Tuesday, October 3, 2017 – Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. E. Final Plat for Brickyard Subdivision No. 2 (H-2017-0126) by John Carpenter Located approximately 1/3 mile north of E. Ustick Rd. on the east side of N. Centrepoint Way Approved 11. Department Reports A. Planning Division and Legal Department: Connection of county parcel at 1035 E. Fairview to City sewer system; anticipated future development issues B. Agreement for Extension of Domestic Sewer Service Outside Meridian City Limits: 1035 E. Fairview Avenue Approved 12. Future Meeting Topics Adjourned at 7:47pm Meridian City Council October 3, 2017. A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, October 3, 2017, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Ty Palmer, Luke Cavener, Genesis Milam and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Caleb Hood, Sonya Allen, Kyle Radek, Casey Colaianni, David Jone, Andrea Pogue, Pam Orr and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: I would like to go ahead and start tonight's meeting by welcoming all of you that are in attendance. I'm guessing the people in the back are here for credit; right? For your class? Well, good. Well, we hope we won't bore you too much. Okay. But we will. Item 1 is roll call attendance. Mr. Clerk, will you call roll. Item 2: Pledge of Allegiance De Weerd: Okay. Item No. 2 is the Pledge of Allegiance. Tonight we will be led by Troop 130 and I'm going to let them give you instructions on when to rise and all of that, so -- (Pledge of Allegiance recited.) De Weerd: Young men, if I could offer you a City of Meridian pin for leading us in tonight's pledge. Thank you. Item 3: Community Invocation by Darrell Taylor with Ten Mile Christian Church De Weerd: Okay. Item No. 3 is our community invocation. I see Dusty Taylor here with Ten Mile Christian Church. If you will all join us in the community vocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Taylor: Heavenly Father, we thank you for this time set aside just to -- just to say thank you and, Father, also just to -- just to ask that you would be with those that were affected in that horrible shooting in Las Vegas and not only that, the shooting in Kansas, the fire and the victims here in Nampa and, Father, the list goes on. The victims of the hurricanes and earthquake down in Mexico. Father we ask that you would be with the first Meridian City Council October 3, 2017 Page 2 of 36 responders, not only here, but where ever they may be. Father we ask for your watch care over them. Father, keep them safe as they perform their most dangerous duties and, Father, we just ask for their special blessing upon their families and notice when they go out the door that -- that can be a very upsetting time. Ask that you will bless this meeting today with your presence here, Lord, and your wisdom and your grace and we thank -- that you, Father, for all of the men and women that work so hard to make Meridian a great place to live and work. And, Father, throughout this day and throughout the days to come we pray that we may continue to trust in you completely and be a blessing to those that we come into contact with and we thank you in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you for that blessing. Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Under the Consent Agenda, B, the resolution number is 17-2038. C is 17-2039. Item P they put the wrong number in for the change order. It is 55,000 instead of 50,000. And with that I move we approve the amended agenda. Borton: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Item -- Coles: You had one sign up for Item 5, Madam Mayor. De Weerd: Okay. Item 5 is under our public forum. We do have one person that is signed up. Coles: It’s Mr. Merlin Slyter signed up. The description of the topic is the sewer use fee and city code 9-4-24. De Weerd: Okay. Mr. Nary, this is one of the items on our agenda. Nary: Madam Mayor, it's slightly different than the appeal item. I think he wants to talk specifically about the ordinance itself, not the result of the board of adjustment hearing. So, I think it's to raise an issue of concern regarding how the ordinance is currently Meridian City Council October 3, 2017 Page 3 of 36 drafted. Thank you. Mr. Slyter. Sir, if I could, please, ask you to state your name and address for the record. Slyter: Merlin Slyter. 1502 West Balboa in Kuna. De Weerd: Thank you. Slyter: And I own property -- rental property here in Meridian. De Weerd: Thank you so much. Slyter: With regard to that rental property, the City of Meridian does not measure the volume of sewer use by residents directly, but bases their fees for sewer use on the gallons of water used. In the attempt to be fair and not to charge sewer use for water used outside of the home, the city calculates the water use winter average for each household and applies that volume as the maximum sewer volume during the other months. Again, in the attempt to be fair and to protect itself , the city wants to be able to assume higher sewer use in certain situations when sewer -- higher sewer use seems apparent. City code prescribes the use of the city average winter residential water use , which is an average the city has established where the city default CCA is 6,500 gallons as the maximum volume of sewer use when there is a change of occupancy during the winter months. Of course when that happens, when there is a change of occupancy in the winter, the winter average cannot be calculated, since the home -- the time period is interrupted. In a couple of other situations sewer use may well be higher in the summer months than the winter average and the city may want to be able to assume such higher use. If a change -- for instance, if a change of occupancy occurs during the winter months, during the summer, for instance, the city code doesn't prescribe the use of the city the full CCA in that situation. It may seem obvious that new or returning residents would use more sewer, but the city code does not address this. The other situation is a vacant house with no water use in the winter, which remains vacant, but has use -- with no inside water use in the summer, but, then, the lawn is being watered. So, it seems like there might be use. The city still wants to be able to assume there is inside water use and sewer use, but in this situation that is incorrect. However, a plain reading of the city code does protect the interest of the owner of the house, since the prescribed calculation of the winter average, which it was vacant when it was calculated, was zero and that's still the actual sewer use. So, what's the answer for these two situations? A plain reading of city code prescribes using zero as the winter average for sewer use for the months following a vacant winter house. Best interest of the city suggests applying the city default CCA. The city also wants to be respected and to have its laws and rules respected and honored and to be seen as administering its business fairly. In part those purposes are accomplished by being transparent, by allowing its actions to be viewed and reviewed and by having its policy published, accessible and understandable. For the city to take liberty beyond the scope of its own city code and routinely raise the utility fee above what is prescribed in the code is not being transparent. This is allowing a noncodified judgment to be applied by employees whose guidelines may change from time to time and are not available for review. Meridian City Council October 3, 2017 Page 4 of 36 So, specify city fees and possible increases to fees in the city code, instead of allowing the fairness doctrine or unwritten guidelines to authorize such fees or increases. The city retains the right to reduce the fee in special circumstance, especially with fairness calls for it and, of course, since its actions are public, it would only do so when public review would support such a reduction. If the city wants to raise a fee unilaterally and without the authority of the city code, it really needs to be certain of the fairness of that action and have evidence to back itself up. If the evidence and facts prove the city wrong, the city could face worse embarrassment or liability. I also suggest that the average winter residential water use in the city be updated. Instead of 6,500 gallons, the current average is, in fact, 4,600 gallons as presented by the Department of Public Works of the City of Meridian in a public hearing recently. Thank you for attention and impartial review. De Weerd: Thank you, sir. Council, this has been brought to your attention. The desire to have a conversation on a future agenda regarding our process of sewer and water fees and usage. Would that be your interest to put this on a future agenda? Slyter: One additional comment? De Weerd: Yes, sir. Slyter: The language is, essentially, the same since 1985. Public records request by myself showed documents back in 2004, 1987, 1985. It hasn't been changed much since then. It's just been kind of passed on. It's kind of vague. De Weerd: Okay. We appreciate you bringing this up. We are -- we are not going to have a conversation about this, because it's not a posted item, but I guess the question in front of this Council is do they want to see it as a future discussion item on a future agenda. If that is the decision that is made, we will certainly let you know the date of that conversation. Slyter: Yes, ma'am. De Weerd: Because it looks like you have put a lot of time and research into it. So, we thank you for that. Slyter: Yes, ma'am. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: That was a suggestion and it makes great sense. I would certainly want to have Legal and our Public Works Department have a chance to digest the proposed language, Meridian City Council October 3, 2017 Page 5 of 36 discuss how it does or doesn't correct the issues that have been raised and see where that takes us. De Weerd: Okay. Mr. Nary, shall we put this on for the first meeting in November? Nary: Madam Mayor, Member of the Council, I know there is -- there is a process that's ongoing in Public Works currently that involves this particular section of our code . Not this specific one, but the general section of the code and I don't know if there is a timetable that we could have all of that as one discussion. I don't know if we have picked a specific time. We have talked about it a little bit this afternoon and I don't know that we are settled on that, but we can certainly make sure Mr. Slyter has notice when we are going to discuss it, so that way he can be privy to the conversation and what the Council's direction would be from that. But I don't know if it's at the next workshop or the one after that. But I would anticipate talking to Mr. Bolthouse and we would be coming back to Council soon with some recommendations in moving forward on that question. De Weerd: Well, I guess what I'd like to do is put this on our workshop for November -- Nary: Okay. De Weerd: -- for an update. If -- and, then, you can let us know where it is in the process. But I'd rather have it on a date certain. Nary: Great. Item 6: Proclamation for Fire Prevention Month De Weerd: Thank you. Okay. Item No. 6 is a proclamation for Fire Prevention Month and I know we have a special guest here and so if Pam Orr and her special guest will join me at the podium. Well, Sparky, thank you for joining us. What a great surprise to have you with this tonight. This is Fire Prevention Month and so this proclamation will be in honor of that and, then, I'm going to turn this over to Pam Orr, our prevention specialist, to say a few words, to talk about some of the upcoming events, because there are plenty of ways to get involved in and knowing more about how you can prevent fires in your homes and places of work. So, thank you, again, Pam and Sparky, for joining us here. Whereas the City of Meridian is committed to ensuring the safety and security of all those living in and visiting our city and whereas fire is a serious public safety concern , both nationally and locally, and our homes are where we are at greatest risk from fire and whereas the Meridian's first responders are dedicated to reduce the occurrence of home fires and home fire injuries through prevention education measures, such as fire safety center and Project Safe and whereas our residents are responsive to public education measures -- measures such as Public Safety Day and smoke alarm checks where we learn to take personal steps to increase our safety from fire and whereas the 2017 Fire Prevention Month theme is Every Second Counts, Plan Two Ways Out, which effectively serves to remind us all of the simple actions we can take to stay safer from fire. Therefore, I, Mayor Tammy de Weerd, hereby proclaim the month of October 2017 to be Fire Meridian City Council October 3, 2017 Page 6 of 36 Prevention Month in the City of Meridian and I call upon all the people of our community to heed the important safety message of replacing their smoke alarms every ten years and I'm going to turn this over to Pam Orr and, Pam, thank you so much for what you do in our community. I think you have a cadre of volunteers that go out and serve our citizens and spread the word of prevention and helping them in their homes where they can . So, thank you for everything you do. Orr: Well, thank you very much for that. Definitely. So, this month it is a very busy month for us. Sparky and I and a group of our volunteers will be going into the schools . All of the students in all of the schools in Ada West that's in Meridian city will be receiving the message that Every Second Counts, Plan two Ways Out. Homes today are more vulnerable because of the items that we put in those homes. Fires spread so quickly in these homes that having two ways out of every single room is such an important message and, then, planning to practice those two ways out with your families. So, when your children come home and they receive that message, please, please, just go over it with them again and actually plan for them. Smoke alarms are definitely very important. They are the number one defense in your home that you can have to save your life should you have a fire in your home late at night when you're sleeping and so we are doing many, many, many programs. Dominos in town, if you're going to purchase pizza next week, Dominos are selecting random homes to deliver pizzas to and we will be inspecting smoke alarms. If those smoke alarms work you get your pizza for free. If they don't work, we are going back into the homes and we are bringing the ir alarm systems back functional for them. So, it's a win-win all the way. And, then, lastly, this coming Saturday is Public Safety Day. We have joined efforts with the Meridian Police Department and we have an open house at Fire Station No. 1 from 10:00 to 2:00 and where all of these things that we talked about are going to be educated to families and scouts. We have a special thing for you if you come in uniform, we have a lot of activities that the scouts in Meridian can be signed off on different badges. So, thank you very much and, Mayor, thank you again. I appreciate that so much. Item 7: Consent Agenda A. Approve Minutes of September 26, 2017 City Council Regular Meeting B. Resolution No. 17-2038: A Resolution Establishing Appointments for Board Members and Alternates to the Valley Regional Transportation Authority. C. Resolution No. 17-2039: Resolution to Approve City Council President's Appointments of City Council Members to Serve as Department Liaisons, Committee Members, Commission Ex- Officio Members and City Area Contacts. D. The Oaks South Subdivision No. 5 Water Main Easement Meridian City Council October 3, 2017 Page 7 of 36 E. The Oaks South Subdivision No. 5 Sanitary Sewer Easement F. Final Plat for Hill’s Century Farm Subdivision No. 8 (H-2017- 0127) by Brighton Investments, LLC located approximately ¼ mile south of E. Amity Road, and 1/2 mile east of S. Eagle Road G. Findings of Fact, Conclusions of Law for Trust Storage (H- 2017-0082) by John Day Located Northeast Corner of S. Locust Grove Road and E. Puffin Street H. Professional Services Agreement for Meridian Anti-Drug Coalition Strategic Prevention Framework State Incentive Grant I. Professional Services Agreement for Policy and Advocacy Consultant Services for MADC J. Memorandum of Understanding for MPD Canine Holding Facility with Blackfoot Police Department K. Second Amendment to Subrecipient Agreement Between City of Meridian and Ada County Housing Authority for PY 2016 Community Development Block Grant Funds L. Second Addendum To Purchase Agreement For Fabrication And Installation Of Vinyl Traffic Box Wraps M. Valley Regional Transit FY2018 Cooperative Agreement N. Authorize Purchasing Manager to sign Purchase Order 18- 0005 to Goode Motor for Not-to-Exceed amount of $87,862.74. O. Approval of Award of Bid and Agreement to SNF Polydyne, Inc. for the POLYMER CHEMICAL for a Not-To-Exceed amount of $200,000. P. Amended: Approval of Change Order No. 2 to Task Order 10601.G for WRRF Capacity Expansion Services During Construction to Brown & Caldwell. This is a cost neutral change order to move $55,000 from FY18 to FY17 while reducing the FY18 funding by the same $55,000.00. Q. AP 7. Consent Agenda Approved as amended De Weerd: Okay. That was fun. Item 7 is the Consent Agenda. Meridian City Council October 3, 2017 Page 8 of 36 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated earlier, Item 7-B the resolution number is 17-2038. Item 7-C resolution number 17-2039. And Item 7-P has been amended from 50,000 to 55,000. With that I move we approve the Consent Agenda as stated 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 as changed. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 8: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 9: Community Items/Presentations A. Mayor's Youth Advisory Council Update De Weerd: So, will move to Item 9-A under Community Presentations. Tonight we have our first of the year update from our Mayor's Youth Advisory Council Vice- President Collin and come on up. Thank you, Collin, for being here. Freese: Yeah. Of course. Hello, Mayor and City Council Members. I'm here to present to you today the activities of what we have been doing in MYAC over these past couple of months. So, first off, again, my name is Collin Freese and I'm the vice-chair at MYAC. So, I'm just here to discuss what we have been doing. So, first I just want to address like our lovely picture of just our exec council members as we have just got into the -- started out the year. We first started out the year actually with what was called game night at Home Court YMCA and what happened is is we did -- we had a bunch of MYAC members come in and just play games and we try to break the ice with everyone . So, that we can get everyone new, like freshman, sophomore, everyone new to MYAC just involved, knowing that they are important in MYAC and that they matter and it's welcome to every single student at every school. And, then, we had the town hall meeting, which we actually put on. Jodi, who helped set up the whole thing, and, then, us MYACers showed Meridian City Council October 3, 2017 Page 9 of 36 up and helped plan the whole event for speakers who were speaking. We also grabbed questions, so that the questions could be addressed to the candidates who were running. So, that whole event was run by MYAC itself. And, then, we had the Treasure Valley Youth Safety Summit. This was actually a big event for us. There was I think 160 people who showed up from different schools around West Ada. Also from Eagle and so on. And it was crazy just to go there and there are so many students that are impacted by the kindness and just growing together, led by Meridian Police Department. So, what happened was is we were -- we were set into groups of each school and we were sent out and had different jobs and activities to do. Like one had to address bullying and that was a huge one that people were impacted by and the whole focus of it was, you know, to have fun and feel like a kid again, but, at the same time, address real life situations that we face today. And so we had an amazing speaker who spoke upon kindness and how we can bring that back to our schools and students were involved in just wanting to know more and more how they can help out in each school and at the end we had what was called a tool kit and so what we are doing in MYAC is that each school is performing -- say if I put on a suicide prevention run, then, we get points and each school is trying to help out in the community, to help out in the schools, and we are just trying to do it for each individual school and just help out in the community. If it's from a banner all the way to just serving in the community and that was a big take away from it and I thought it was just so amazing to see how many hearts were just impacted by coming to this huge event . And so these are pictures of just students just being impacted by what was going on. And then -- so, the feature events that we have coming up. Next week, Wednesday, is Farmstead Corn Maze. TAC is putting that on. And so we are going to have students - - we want to get more and more MYACers involved in coming together and just socializing and knowing that MYAC isn't just all seriousness, but we are all high school students, we are all here to -- at the same time be serious and take situations seriously. Also to have fun and remember that we are in high school and that we can impact and change the community. And the last thing, obviously, is trunker treat and you guys all know what that is. So -- yeah. So, these are activities that we have been doing and I just can't wait to come back and tell you guys about what we are going to be doing next month. De Weerd: Thank you, Collin. Any questions from Council? I do. How many students have shown up at the first couple of meetings? Freese: I think we had -- let's see. A hundred -- which one are you talking about? When we had the parents come as well or -- De Weerd: Oh, you can average it out. Freese: Okay. Well, the first official one we had two separate meetings and I would say -- I think we had 160 kids register. Is that right, Jodi? Yeah. And so we -- it was a huge add on to what it was from last year and -- and it's actually been staying very constant and so that's great just to see the kids coming back and more and more freshmen coming in, too. Meridian City Council October 3, 2017 Page 10 of 36 De Weerd: Yeah. That has been exciting. So, we have a number of high school students in the audience. What does it take to be a MYAC member? Freese: An attitude just to serve the people around you and serve the community and wanting that ambition and passion to help out. That's pretty much it. Just show up to the meetings and be involved. De Weerd: Thank you. Okay. Council, anything further? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Collin, you touched on something that interested me. This tool kit that you have provided to your colleagues. You indicated that there is a point system. Freese: Uh-huh. Cavener: Can you expand on that a little bit more. How do you earn points and is there a -- is there a competition to do good in our community amongst the schools and, if so, when does that conclude? Freese: Okay. So, the tool kit was presented to us and what it is is there is bronze, silver and gold and bronze is fifty points, silver as a hundred, and gold is 150. The tool kit comes with -- so 50 points -- I believe it's like if one week you put on a PSA throughout your school and you would get that for your team that we set up at the Treasure Valley Safety Summit. So, since I'm in -- from Meridian, I'm in the Meridian group, so that's my team and the more points you get -- whoever has the most points at the end of the year gets a prize, a trophy, and it's pretty much just to celebrate like the passion of helping out in the community that you're doing. De Weerd: So, a lot of that is the focus has been on driver safety, on substances, and on bullying behavior and one of the things that was added this year -- because our executive council thought it was really important that you not just listen and, then, learn through play, but you're able to, then, huddle with your peers afterwards and come up with some action plans that what is specific of concern in those schools and what they want to bring back as ideas to put into action in those schools. So, they will be reaching out to the student councils and other organized groups in those schools to -- to encourage that collaboration and making an impact -- a more focused impact in their schools. So, we are excited to see how that will play out. Each of the executive council members has ownership in the accountability piece in their schools. So do the school resource officers that participated in the discussion and were there as they put together their action plans. So, we are excited to -- to see what happens in our schools and we look forward to hearing a report back at the end of the school year to see how that worked out . Freese: Yeah. I can't wait. Meridian City Council October 3, 2017 Page 11 of 36 De Weerd: Thank you, Collin, for being here. Freese: Yeah. Cavener: Madam Mayor, just a comment, too. I was able to attend the first MYAC meeting and I was really impressed, not just with the students, but the level of engagement from the advisers. I wasn't aware that we had two people from the Meridian Police Department serving as advisers and Megan Larsen from the library district as an adviser and Renee and, of course, Jodi and the Mayor and I just think it's really great to see this level of engagement with our youth and, honestly, I thought the candidate forum was -- was a great event. Well attended, well promoted, and you guys managed it well with the amount of candidates that were there. So, it was really great. You guys are doing a great job. B. Solid Waste Advisory Committee: Community Recycling Fund Application for Catalpa Leaf Shaped Bench for the 77 acre South Meridian Regional Park De Weerd: Thank you for your comments. Okay. Item 9-D is under our Solid Waste Advisory Committee and I see we have Steve, our chair. Thank you for joining us. Cory: Thank you, Madam Mayor, Members of the City Council. I bring you greetings from the Solid Waste Advisory Commission. I am Steve Cory and I'm chairman of the Solid Waste Advisory Commission. I represent SWAC at this time. We are before you asking for approval to use some of the community recycling program funds for a project. SWAC's concept was to have a joint bench project with the Meridian Arts Commission and Meridian Parks Department and we very much appreciate their participation in this activity. This is the first CRFP project south of the interstate and SWAC felt it was time for south Meridian residential recyclers to receive a project. As background, currently the recycling fund stands just over 40,500 dollars and we are in a phase where we are asking for community applications to use those funds, which we will consider and I will be back in front of you if there is any we can recommend to you, but at this time we are requesting authorization -- authorization to use no more than 2,756 dollars for one of the Catalpa leaf-shaped benches for the south regional park and with that I would stand for questions on this request. De Weerd: Thank you, Steve. Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve the spending authority not to exceed 2,756 dollars for the Catalpa leaf-shaped bench for the 77 acre south Meridian regional park. Meridian City Council October 3, 2017 Page 12 of 36 Little Roberts: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Steve, for your service. Cory: Madam Mayor, if I may, I would like to bring some news from the Solid Waste Advisory Committee of the county. De Weerd: You bet. Cory: Okay. First some good news. Having pushed the county a little bit, they did sharpen their pencil and looked at their finances going forward to make sure that they can cover capping and expansion and various other things and they can see that the fees that they are receiving at this point will cover their projected capital projects , so they do not expect to be requesting an increase in fees at the landfill. The second one is quite intense for us. We have been made aware that there is significant pressure on recycled materials markets at this point. That is to say the cardboard, plastic, and so on and there will be a great deal of effort this month to come to grips with how significant it is. The nature of it is just that China has significantly increased their quality requirement for the materials that they will receive for use within China and the quality requirements are nearly unattainable. I guess if you have significant amounts of personnel that are willing to sort through things you might get there, but it's very difficult for automation to accomplish it and as such we are being told that there may need to be some drastic changes to the recycled materials program. I will keep you informed in a very timely manner as this develops, but I just felt that it was necessary for me to give you some warning that we may be here within a month with some significant issues and I would stand for questions about those two items. De Weerd: Thank you. Council, any questions? I guess only that we look forward to hearing follow-up discussion on the recycled program and -- and the comingling. It sounds like it might be at risk. Okay. Cory: Once again thank you. We really very much appreciate your support and we are always available if there is things we can research for you or you want us to consider. Item 10: Action Items Meridian City Council October 3, 2017 Page 13 of 36 A. Request for Appeal to Board of Adjustment Decision (BOA 2017-04) by Merlin Slyter De Weerd: Thank you, Steve. Okay. Under Action Items, Action Item 10-A is a request for appeal to the board of adjustment decision 2017-04 that was brought by Mr. Merlin Slyter. This is a limited appeal, which means that the Council's role is to review the complete record related to Mr. Slyter's case before the board of adjustment, including the transcript from the BOA meeting and the board's decision to determine the following: One, whether or not the city's processing of Mr. Slyter's disputed 2017 sewer use charges was fair and, two, whether the board's decision was supported by the findings of facts based on substantial evidence and conclusions of law that were not clearly erroneous . The City Council may affirm, modify, or overturn the board -- a decision by the board. The Council's decision is final. No new evidence may be presented tonight, but each party will have five minutes to make a brief statement if they so choose. So, I guess, Mr. Slyter, do you wish to make an opening statement about this and , if so, please, join us at the podium. And if you will, please, again, state your name and address for the record. Slyter: Yes. Thank you. Merlin Slyter. 1502 West Balboa Street in Kuna. A rental house here in Meridian. De Weerd: Thank you. And I will just state that you do have five minutes to tell us about your appeal and include what your specific objections might be . Slyter: The board did accept the argument and make an adjustment. However, it was still presumed to be a courtesy and it wasn't a courtesy, it was stipulated by the city code, and I am not satisfied that the city is presuming that it can raise a rate when it doesn't have the authority in its code to do so. Typically, that allows adjustments to be made differently in different circumstances and maybe not fairly across different people , because it isn't specified more clearly how to do that . One statement was made in the -- in justification for setting my sewer use average at the city default CCA that -- well, there had been a history of higher use before, so we really need to protect ourselves against someone using 10,000 gallons. But that very statement goes against your own protocols, because you don't use a previous occupant's history to determine what the current occupants use. But, in fact, that's what was being referred to. So, that just shows that without better guidelines improper judgments can be made. Part two of the appeal is that it's not -- your average is not 6,500 gallons anymore and the code specifies in lower case letters that the city winter -- city winter residential water use is X. It's not a published -- it's not a published item. Standard. It is what the city residential winter resident water use is and as presented by Kyle Radek at the meeting, the -- by Public Works calculations over the last three years, the average is 4,600 gallons, not 6,500 gallons. So, the city is using the wrong standard across the board as a default CCA. Don't have the legal authority to do that I don't think. Item three. The house was vacant over the winter. Winter average calculates mathematically zero. Follow the code -- follow the language of the code, calculate it at zero. There was no change of occupancy. Winter -- the residential water use over the summer inside continue to be zero . My statement to that effect should be sufficient. The burden of proof lays with the city to prove otherwise, Meridian City Council October 3, 2017 Page 14 of 36 because the city code does not specify that you have the right to assume something different. I would say that it's reasonable to assume something different . There is water use at the house now when I'm watering the lawn. You really need to have it in the code to allow you to assume something different. It's not stated that way. It's stated that it would be the winter average. Winter average was zero. It should stay as prescribed by the code. So, this is really just a focal point now for actually my contention that you need to update your code. But my request is that, in fact, my winter average should be applied as my CCA, not the winter average calculated by the city three years ago. And it -- if you, in fact, decide to leave it at the city default CCA, it shouldn't be at 6,500, it should be at 4,600, in specifics. Okay. De Weerd: Thank you, Mr. Slyter. Slyter: Stay here for questions or -- De Weerd: No. I think that now we will hear from the BOA and -- and see what they say and, then, I will open it up for council questions. Thank you so much. Okay. So, Ms. Pogue. You, too, will have five minutes. If you will, please, state your name and position. Pogue: Thank you. Andrea Pogue, deputy city attorney. Mayor, City Council, Mr. Slater asked the board to adjust his winter average to zero and his account to be credited $16.62 for sewer charges, because in his opinion they are not based on the winter averages prescribed by Meridian City Code 9-4-24. The board of adjustment had a hearing that lasted approximately one and a half hours. Upon its conclusion the board decided to credit his account as requested, to reset his winter average to the 6,500 gallon default per Section 9-4-24 and, three, the board waived future sewer usage charges while the property is vacant, provided Mr. Slyter provides -- presents supporting evidence of nonoccupancy to MUBS. Mr. Slyter just expressed the basis for his appeal. So, before us we -- you are asked tonight to review the board's decision. Did he receive a fair process and was the decision based on findings of facts supported by substantial evidence and lawful conclusions of law -- conclusions of law that aren't clearly erroneous. Regarding the process provided Mr. Slyter. The city complied with the notice, scheduling, and process requirements for resolving a dispute before the BOA, as required by Meridian Code Sections 9-4-21, Code Section 2-8-6 and 2-8-7. Regarding the decision, let's review the board's findings of facts -- or at least the majority of them. Mr. Slyter's property was rented in 2016 and had a winter average of 10,000 gallons. It has been vacant since September 29th of 2016 and there was no water usage through March 15 of 2017. In the absence of metered winter water consumption pursuant -- pursuant to Section 9-4-24, the computer is programmed to set the winter average to a default of 6,500 gallons per month as the cap for summer sewer charges. Mr. Slyter queried the utility staff about this average and based on the absence of winter consumption it was administratively reset to 1,000 gallons, which is the minimum a winter average can be set, because zero is not a recognized number for winter average by code , resolution, or historical billing practices. Mr. Slyter testified that but for a handful of times that the toilet may have been flushed while cleaning up the property, all delivered water this summer was applied outside of the home. City water is used to irrigate the property. The board found that the small amount Meridian City Council October 3, 2017 Page 15 of 36 of delivered water supported his testimony. Learning this, staff testified that there is precedence in the case of vacant homes without pressurized irrigation to allow for a sewer adjustment. Staff testified that had Mr. Slyter requested a sewer adjustment on the basis of home vacancy versus his interpretation of code, it would have been granted administratively, provided that he had been able to present some proof of nonoccupancy, such as an Idaho Power bill or a gas bill. Mr. Slyter testified, instead, that his interpretation of the code dictates that a winter average of zero is required, because based on the lack of water usage during the applicable winter four month period and that home vacancy is not specifically listed to receive the default 6,500 gallons. He further reasons that a zero winter average would yield zero sewer use charges during the summer and he, therefore, deserves his write off of his sewer charges. To this staff responded that since the winter average is the max or cap that a person will be charged for summer se wer usage, his interpretation leads to an unacceptable result. That would be free sewer usage. His interpretation would also conflict with Code Section 9-4-1 that users of the sewer system are required to pay for their use and that it would impose an unf air burden on rate payers as a whole. Regarding this section of code staff testified that it allows for flexibility in that the fairest billing practice is to establish a realistic winter average based on the customer's historic usage. However, when no usage is available and the section lists some examples for when that might occur, this code section establishes a winter average of 6,500 gallons, which is the average winter residential water use, unless the current water meter reading is less than 6,500 gallons. In that case the sewer use charge is based on the actual metered water use. De Weerd: Ms. Pogue, your time is up. Pogue: Okay. May I just conclude? De Weerd: Please. Pogue: The board's decision to adjust off the 16.62 was based on the precedence for -- precedence for nonoccupied properties. The decision for the winter average to revert to the default 6,500 gallons was based on Section 9-4-24 and the board's concern that when occupied a winter average of 1,000 gallons would not pick up a change in occupancy in the property in question. The board's decision to allow Mr. Slyter to provide proof to MUBS of continuing nonoccupancy was also based on precedence and did not impute on him a burden that has not otherwise oc curred in similar situations. Therefore, based on this review and your own review of the findings of fact and conclusions of law, this Council may affirm the board's decision. Thank you. De Weerd: Thank you. So, Council, this is your opportunity to ask any questions required of Mr. Slyter or Ms. Pogue regarding, again, making sure that we focus on whether or not the city's processing of Mr. Slyter's disputed 2017 sewer use charges were fair or, two, whether the board's decision was supported by findings of facts based on substantial evidence and conclusions of law that were clearly -- were not clearly erroneous. So, with that I would ask if there are any questions. Meridian City Council October 3, 2017 Page 16 of 36 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I do. I have got a couple for Ms. Pogue if I could. Make you come up here to -- one might just be to clarify. I had heard remarks made in his presentation about the CCA -- the average usage being 4,600 a month, not 65 -- Pogue: And, Councilman Borton, Mayor, Council, currently the code set 6,500 as the default. The basis of his hearing -- the request for his hearing wasn't for the board to decide what the reasonable residential average is in the city, that's not really within the purview of the board of adjustment to decide . That would be a question for the Council. So, that -- that testimony came up during the conversation during that hearing. It wasn't directed to the decision that the board faced regarding Mr. Slyter's sewer use charges. Borton: Okay. Madam Mayor? The reason I ask when I look at the -- the materials that are in the packet for us and you reference 9-4-24 and it speaks to the -- the winter average of 6,500, but if there is a meter rate less than, then, the lower rate is what is utilized. The actual -- Pogue: Correct. Sixty-five hundred is the cap. Borton: Right. Pogue: In other words, if -- if somebody is filling up their pool, it's not going down the sewer and that's recognized. So, whatever that individual's winter average is set at, it would be the cap for what it could be charged. In the case of the decision by the board, the fact that they have reset it to 6,500 gallons, because of the lack of consumption during the winter months, does impact Mr. Slyter, because of their following finding and decision, which was to waive future sewer use charges if he can show proof that the property is vacant and that was based on precedence. So, whether it was 6,500 or 4,600, the fact is as long as that property remains vacant and Mr. Slyter communicates with MUBS and MUBS would prefer that to be an annual adjustment discussion versus a monthly discussion, then, he would have his charges credited. Borton: Madam Mayor? De W eerd: Mr. Borton. Borton: Follow up to that. Help me reconcile the reference in -- and I think the record speaks to a resolution of a base no less than one or a thousand ? Pogue: Correct. Borton: As being the base and, then, the ability to actually go to zero if it's a vacancy. Meridian City Council October 3, 2017 Page 17 of 36 Pogue: Okay. Councilman Borton. I'm going to try and answer that, but if I don't make sense I'm going to defer to Kyle to testify to that. Borton: And I will give you a little -- the scope of the question is not necessarily the -- more the legal what's set forth in the code, do you have the discretion or not to go below the 1,000? Pogue: Okay. Borton: The city. Pogue: So, the last resolution to set out serious charges sets it at one or one thousand, not at zero. So, what that means is that because people -- the city wants people to pay for their sewer use, zero to 999 gallons of delivered water for purposes of calculating the winter average for summer sewer charges, there is -- it doesn't show up. That -- that meter has to turn over to a thousand in order for there to be a registered amount to be charged for water and perhaps for sewer, depending on what the CCA is. Does that make sense? We -- our system is based on the thousand gallon, not on hundreds of gallons. So, we start at 1,000 gallons. Everybody gets zero to 999 for free, essentially, because the meter is going to roll when it hits a thousand and, then, it will just, you know, catch itself up. Borton: So, everybody's charged at least the 1,000 base? Pogue: That's correct. Is that correct? Radek: Madam Mayor, Councilman Borton, I'm not sure that what you just said is correct. Everybody gets charged a base fee and in the case of water the base fee is $5.49 a month and in the case of sewer it's $8.65 a month. What Andrea was just explaining is that since we meter it at thousand gallon intervals, if the user uses 999 gallons the first month of their -- of their count, they will get charged zero for water and zero for sewer. They use 999 the next month, their meter will now be at 1,098 and -- 1,998 and so now they will be charged for 1,000 gallons and, likewise, for the next month, so -- so, they don't have a minimum usage fee, they only have a base fee every month and it's possible if they don't use enough water or sewer they will be charged zero for usage . Does that answer your question? Borton: It does somewhat. And what got me confused is it -- and I apologize for -- for making a mess of it when. The records spoke of the resolution 14-1018 on fees -- Pogue: Correct. Borton: -- the city's minimum charge is one or a thousand, not zero, and I was trying to reconcile that what sounded like a base fee or base usage with the ability for the city to say zero if you can prove that it's vacant. They sounded like they were in conflict, but maybe I have got them sideways. Meridian City Council October 3, 2017 Page 18 of 36 Pogue: When we talk about that the board was willing to waive his sewer use charges based on non-occupancy, that's really different than resetting his winter average at zero. They do not do that. Borton: So -- Madam Mayor. Sorry to belabor this. So, the -- the thousand dollar -- a thousand dollars -- a thousand base is the base and it's not eliminated, you're just saying the decision was to wave it under these unique circumstances . If there is a proof of vacancy. Pogue: Correct. Borton: Right? Pogue: In his situation. Borton: Okay. Pogue: Yes. Borton: Okay. And had that -- Madam Mayor? And had that been the basis of the appeal in the first place -- or the request for adjustment to start this whole thing, that would have been granted. Pogue: Can you clarify that statement? Borton: That's what I recall hearing, that had the request initially come forward with a -- Pogue: Correct. Borton: -- argument that it's vacant and the request for an adjustment is based upon vacancy, that would have been granted by the city, but -- Pogue: Correct. Borton: -- he -- Pogue: Provided he could show proof -- Borton: Sure. Pogue: -- of vacancy in the sense of a power bill that 's de minimis or in this case the board found the small amount of water that was delivered supported his testimony that he was applying the water outside, it wasn't going down the sewer this summer. So, it just seems as though the issue to Mr. Slyter isn't the monetary credit, it's the point that his interpretation of the code is that there can be or should be a winter average of zero Meridian City Council October 3, 2017 Page 19 of 36 and that somehow the city's interpretation not to do that is extending courtesies to him or other people if adjustments occur, that we have been erroneous in -- in applying it the way it's been applied historically in the city and that is historical use 6,500 gallon default or, actually, it's -- that's the intent of MCD 9-4-24. It still gives some flexibility and then -- to how winter use is -- winter averages are established, because there -- there are so many situations that could yield nonconsumption not just during the four months, but throughout the year. Mr. Slyter is correct to observe that and he's correct that it's not all included in the code and that's because the code merely establishes the methodology for set -- in the absence of an actual sewer meter we have to try and establish some fair way of gauging sewer use and so we do that by looking at a winter period where it's charged one for one, for every gallon of water, a gallon for a sewer charge per gallon and, then, over those four months we take the average of water consumption to arrive at the winter average for application for summer sewer use charges. It's confusing and ask questions to understand this, because it -- it is difficult for lay people, as well as for staff. Could the code be written more clearly? That's the subject that will be coming up at the November workshop and I don't think anyone on the city's side would disagree with Mr. Slyter that it could be written better, but the fact that in that code section, while there are examples where nonconsumption may occur during the critical four month period , those are just some illustrative examples. There is not language in that code that limits those situations as being the only ones that get a default of 6,500 gallons set. So, it provides guidance and like most code what happens next is the city applies the code through policy and practice and procedures and that is what has been done and in speaking with the utility building manager, how she applies that code section when it's a period of time which is -- I believe it's April for setting winter averages -- snowbirds come back and there is discussion -- if there is four months of nonconsumption it's set at 6,500. If someone calls in and says oh, wait, I was a snowbird in Arizona, you know, and can give her some show of what their usage was within her administrative discretion she can reset that winter average. That's what Mr. Slyter did on his April bill. He got the -- saw the 6,500 gallon default, called in and queried it, said a little bit about the property being vacant, but I don't think he gave the full story that this was a nonoccupied property for an extensive period of time, because he -- he just went into his interpretation of the code and his interpretation is much more narrow and so he did receive a water -- an adjustment to his winter average as low as it could go, which is a thousand gallons. De Weerd: Okay. Any further questions for Ms. Pogue? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'm not sure if this is for Andrea or not, but I think that this is getting really -- it's a pretty mucky case, because we are talking about code, we are talking in lawyer speak and code speak and I'd like to speak in people talk and layman's terms, because most of us aren't lawyers and we don't write code, but I think that by discussing the code which is what we have on a future agenda, is just making this I think more confusing. I understand what the code is, but what we need to understand today is what the appeal is . So, he -- Meridian City Council October 3, 2017 Page 20 of 36 the house is vacant. You told him you would credit back the money that -- from when he wasn't there and that you would zero out the future sewer if he shows that the house was vacant. So, I'm having a hard time -- because you gave him all that -- understanding what the appeal is, other than changing the code, which is something we are going to talk about in November. Pogue: Council -- Mayor and Council. I would say he appeals that the request for him to give MUBS some supporting document that his property is vacant is burdensome and unfair to him that they -- they are asking him to do something they don't otherwise do and the board received testimony from staff that that is what is requested in similar situations in the past. So, that's one of his issues. His second appeal isn't specifically that the board reverted his winter average to 6,500 gallons, but a twist on that, that it should be 4,600 gallons. So, that's the subject matter that wasn't before the board at all, so it can't be a part of this appeal, because it's a limited appeal. This isn't a new hearing. Milam: So, it's a moot point. Pogue: It's a moot point. Exactly. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Andrea, you -- in your presentation you indicated that MUBS has the ability to verify that there is low water usage; is that accurate? I recall you saying that the person who is here providing testimony for us today had said, hey, I haven't used any water on this property, the house has been vacant, and that we were able to look and say, yeah, that's right, there hasn't been a lot of water usage. Pogue: Councilman Cavener, Mayor, Council, I -- I believe what occurred at the hearing was that he stated his water was going on the lawn. He -- the board recognized that they had to decide whether they believed him or not . Because of the small amount of water that he was -- that had been delivered -- I mean his bills have been extremely low this summer -- they drew a finding of fact or -- that the -- that the metered water delivery supported his testimony. In other words, it didn't seem like that was enough water to be used inside and outside. It was for, you know, his lawn. So, they just found that. Now, you know, I think Karie Glenn or Kyle Radek could say they can -- they can tell if there is low water use or high water use, but that's not the city's job to monitor people's use. So, that wasn't what the discussion was about during the hearing. They may have that capability, but they don't do that in this case they. They were just looking at the billing records. De Weerd: Any other questions? Okay. Any questions for Mr. Slyter? Cavener: Madam Mayor? It looks like Mr. Slyter may have had a comment that he wanted to make and I wanted to give him the opportunity to be able to do that . Meridian City Council October 3, 2017 Page 21 of 36 De Weerd: If you will wait until you get to the microphone before you speak. Slyter: I'm sorry. Councilman Borton, you made reference to -- apparently to a section of city code that specified a unit one as a minimum. Where is that? Borton: Madam Mayor. Excuse me. It 's referenced to the record in the findings. It -- it speaks to a resolution 14-1018 billing rates and fees. The city's minimum charge is one or one thousand, not zero. Can you give some context around the discussion about why it's not -- Slyter: Is that -- is that part of the ordinance where 9-4-24 was established? I'm not familiar with the -- Borton: I would probably -- I would have to defer to legal counsel on the source of that. It's just in the record, so I just -- Slyter: Say that again. The code section was ordinance -- Borton: It's a -- Madam Mayor? It's referenced as Resolution 14-1018. Slyter: Thank you, sir. De Weerd: Do you need further -- do you need clarification? No. Slyter: I -- just in comment, I would take issue with some of the -- the characterizations that the city -- that the Mayor made in trying to express my position in her words isn't quite the right way to do it, but protocol for the meeting required it. De Weerd: Council, any questions? Okay. Thank you. Milam: Madam Mayor? De Weerd: Mr. Slyter. Milam: Sorry. De Weerd: We do have a question. Ms. Milam. Milam: Madam Mayor. It's the same question, but I would refer it to you, but maybe to clarify what the appeal is for, other than changing the code. You don't want -- so, is it correct that you just don't want to show a power bill to prove that the residence was vacant? Slyter: I think -- I would want the city to abide the language of its own code, which is that the calculation in the code as prescribed in 9-4-24 specifies the mathematical formula Meridian City Council October 3, 2017 Page 22 of 36 and zero is just as valid a number as one and I don't know that -- I don't recognize -- I didn't see -- I don't have reference to the setting of one as a minimum versus zero. I don't -- it's not in the city code. Not in Section 9-4-24. So, actually, it should be set at zero unless your code is changed to allow you to presume something different . Yes, they made the adjustment. That is effectively what needs to be done. So, it's more a focal point for hoping that you address the wider concern. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: And, sir, we are going to address the larger concern and I appreciate that you brought that to us. Slyter: This part isn't -- Milam: Okay. Because in my mind I'm thinking if they actually adjust it to a thousand, as opposed to what they did, you would be paying more. Slyter: It would have been easier on me. If it would have been I wouldn't have gone through all this stuff. That's right. Milam: But, then, we wouldn’t be reviewing the code. Slyter: Right. Milam: So thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Mr. Slyter, sorry. And I'm probably just going to restate her question in a way that maybe makes sense in my brain, so that I make sure I have got it understood as well. So, what you're looking for is to have the -- the winter average of zero applied to the summer months, whether or not the home was occupied, because that's your interpretation of our code. Slyter: No. No. The city saw use -- water use going through the meter. They asked -- they asked the question. They don't have the authority to make a change. They have a -- all the right to say, hey, this doesn't seem right. I say it's vacant. That's all the -- that's all the discussion should be. I don't think that's right from your perspective either, because that puts you in a bad situation. But that's the way your code reads. So, yes, it should be set to zero in my situation. That's what my appeal focuses on. My CCA should be set at zero, because that is what is prescribed by your code. Reasonably you shouldn't -- you should be able to assume use if there is you, even though the house had zero usage Meridian City Council October 3, 2017 Page 23 of 36 over the winter. Reasonably. Your code doesn't allow that. I talked with two attorneys before coming here and one said, yeah, courts look pretty closely at the actual language and reasonably interpret. The second said, well, most judges will allow a city to do -- interpret its code however they want -- however they want, as long as it's reasonable, which obviates this entire appeal. If the city wants to just leave it the way it is, they can. A judge isn't going to overturn it. It's reasonable. You're trying to do reasonable things. But you're not being clear and transparent to the people that read the code . It doesn't make sense when you do what you do when they look at the code. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yes. I didn't want to comment on the board's decision, because I was part of that, but I didn't know if Council Member Borton wanted an answer to the resolution and what that reference of one was in relation to, because I have the resolution in front of me. So, the resolution was approved by the City Council on September 16th of 2014 and this was in regards to billing rates for both sewer and water, both the base rate as Kyle stated earlier, as well as the consumption rate and it does presume a consumption of a minimum of one unit of water as what the rate would be and it 's identified in here. I think what Ms. Pogue was talking about is the unique circumstance where there was no consumption of water in relation to sewer usage. But this resolution does -- does contemplate a minimum of one. There was no zero in this calculation. It's a minimum of one and as was previously stated, the one through 999 gallons of water consumption is charged at the base rate only for that -- that level of consumption once it -- once it passes 1,000 gallons, then, a consumption charge is charged per thousand gallons at a time . So, I just wanted to answer that particular part of your question if that's what you needed. De Weerd: Mr. Slyter, thank you again for joining us. Council, any other questions for the appellant or the city? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't have a question, but a comment. I appreciate the thoroughness of the process that's gone on before today's hearing. It's not necessarily -- even though we might want to have it like a do over, a new trial so to speak, a new opportunity for a hearing, because we don't see this very often and it's -- you brought up some very interesting points that, obviously, have piqued the interest of the Mayor and the Council, but the scope of today's hearing is somewhat more narrow and it's not necessarily an opportunity to re-litigate and rehash the record of the facts , but in review of the record that we all have, I, myself, don't see anything that -- that is evidence of a process that is unfair or has been unfairly applied. It appears that the conclusions of the board of adjustment is supported by the record and evidence that's before us and it doesn't appear that it's clearly erroneous. It's not a clearly erroneous application of city code. I think Meridian City Council October 3, 2017 Page 24 of 36 what's happened and what we are left with -- I'm not inclined to vote to alter the decision of the board of adjustment, but I think you've done a great service to the city in pointing out opportunities -- if nothing else to provide additional clarity within our code , so even though it's fairly applied and the application is supported by evidence , our residents and users are able to easily understand it and maneuver around it and to comprehend what the city is trying to do within its language and our Legal Department is probably already well aware of opportunities to clarify that, but that's, obviously, for another day as well. But I think that's a great value. So, in light of the narrow scope that the Mayor outlined for today's hearing, I'm inclined to affirm the decision of the board of adjustment on today's appeal and, then, work with -- have our legal staff work on opportunities this case has provided us to make things more clear in the future. Bird: Is that a motion? Borton: It's comment at this point, unless there is any other comment. De Weerd: Any other comment? I would entertain a motion then. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Based upon the record before us and in light of today's hearing, I would move that we affirm the decision of the board of adjustment with regards to Merlin Slyter's appeal. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Slyter, thank you for your time tonight and for bringing -- highlighting a place that we can really add some greater clarity and -- we find those things every now and then. So, thank you for bringing this to our attention. And thank you to staff. We appreciate your time as well. B. Final Plat for Nursery Subdivision (H-2017-0128) by JLJ, Inc. located at 570 S. Linder Road De Weerd: Okay. Item 10-B is final plat for H-2017-0128. Meridian City Council October 3, 2017 Page 25 of 36 Allen: Thank you, Madam Mayor, Members of the Council. The first application before you tonight is a request for a final plat. This site consists of 5.45 acres of land, zoned R- 8, located at 570 South Linder Road. The proposed plat depicts 29 building lots and two common other lots on 5.45 acres of land in an R-8 zoning district. Staff has reviewed the proposed final plat for consistency with a preliminary plat and the dimensional standards of the R-8 district and found it to be in compliance and in substantial conformance as required. No written testimony has been submitted on this application and staff is recommending approval per the conditions of Exhibit B. Staff will stand for any questions. De Weerd: Thank you, Sonya. Council, any questions? Bird: Not at this time. De Weerd: Okay. Does the applicant have any comment? Thank you. Council, this is a final plat. If there is no further information needed, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2017-0129 with applicant and staff comments. Milam: 0128? De Weerd: 0128. Yes. Milam: Second. De Weerd: I have a motion and a second to approve Item 10-B. If there is no discussion, Mr. Clerk, will you call role. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing for Brickyard Subdivision (H-2017-0107) by John Carpenter located at 3611 N. Centrepoint Way 1. Request: Development Agreement modification to accommodate the proposed development plan; Meridian City Council October 3, 2017 Page 26 of 36 2. Request: Preliminary plat consisting of 61 building lots and 4 common lots on 14.27 acres of land in the C-G zoning district; and 3. Request: Conditional use permit for a multi-family development consisting of 215 dwelling units in the C-G zoning district, by John Carpenter. De Weerd: Item 10-C is a public hearing for H-2017-0107. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. It doesn't appear my map is coming through on the vicinity map for some reason . The next applications before you are a request for a development agreement modification, a preliminary plat, and a conditional use permit. This site consists of 14.27 acres of land. It's zoned C-G and located approximately a third of a mile north of East Ustick Road and west of North Eagle Road. This is just to the -- is the Kohl's shopping center and just to the north of that development area that's part of that commercial strip. This property was annexed in 2003 with a development agreement that has been subsequently amended a couple of times . The Comprehensive Plan future land you map designation for this site is mixed use regional. The applicant requests a modification to the existing development agreement to change the development plan for the northern portion of the Centrepoint development from a self-service storage facility, which is shown on the bottom site plan here, commercial and multi-family residential uses, which is shown on the east side of Centrepoint Drive. They are proposing to change it to mostly multi-family residential with some vertically integrated residential. A preliminary plat is proposed consisting of 61 building lots and four common lots on 14.27 acres of land in the C-G zoning district. This is a resubdivision of Lots 9 through 11, Block 1, and Lots 16 and 19 through 26, Block 2, Centrepoint Subdivision No. 2. The plat proposed to develop in four phases with the first two developing at the same time. Access is proposed to the residential uses via Centrepoint Way and that is the street running through the center of the property here. It is designated as a collector street. Two driveways are proposed on the west side of Centrepoint and three driveways are proposed on the east side. A driveway access for the parking lot at the community center and swimming pool is also proposed on the west side and that is right here. Because the UDC limits access points to collector streets, Council approval of the proposed accesses is required. There are also two accesses to the east-west driveway to Eagle Road at the south boundary of the site. And this is the -- if you can see where my pointer is here, the private drive that runs out to Eagle Road. A conditional use permit is requested for a multi-family residential development consisting of 215 dwelling units on 13.06 acres of land in the C-G zoning district. The units are proposed to be configured as four-plex townhomes, with each unit having an upstairs and a downstairs. Private usable open space, common area and parking is provided in accord with UDC standards. A six foot tall vinyl privacy fence is proposed along the north and east boundaries of the site. A few building types in various color schemes are proposed for the four-plex structures within the development, consisting of two story units, three story units, and three story with two story units on each end. Lots along the west Meridian City Council October 3, 2017 Page 27 of 36 boundary are proposed to be all two story four-plexes to preserve view corridors of the adjacent development and provide a transition to the three story structures. The architectural character of the structures are required to comply with the design standards listed in the City of Meridian architectural standards manual and this map shows the red dots. Those units are all going to be two stories. The Commission did recommend approval of these applications. Jonathan Seel and James Doolin, applicant's representatives, testified in favor of the application. No one testified in opposition. Irene Schrier commented. And written testimony was received from James Doolin, the applicant's representative. Key issues of discussion were the concern regarding traffic impact on Ustick and Eagle Roads. Desire for traffic calming for the driveway along the west boundary of the site. And the effective of the proposed development on property values. Key issues of discussion by the Commission was the phasing of the amenities within the development and the adequacy of parking for the commercial uses associated with the vertically integrated residential uses. Commission changes to the staff recommendation are as follows: At the request of the applicant the five foot tall metal view fence depicted on the landscape plan along the east boundary of the site is proposed to be changed to a six foot tall vinyl privacy fence and the splash pad plastic contour benches and a public art should be removed as proposed amenities, as they were not intended to be included as amenities in the final plans. And, secondly, include a condition that requires speed bumps to be constructed within the driveway along the west property boundary for traffic calming. And, lastly, modify condition number 1.2.4 in Exhibit B to allow the swimming pool, clubhouse, shelter and playground to be constructed with phases one and two prior to issuance of any certificate of occupancy within the development. The only outstanding issue for Council tonight is the applicant is requesting Council approval of a waiver to UDC 11-3A-3 where proposed access is via the collector street. That's North Centrepoint Way. Written testimony since the Commission hearing has been received from John Carpenter, the applicant's representative, in agreement with the Commission recommendation. The applicant did wish to go into detail with you regarding the site amenities, the open space, and the off-street parking. So, he will provide more details on that. Staff will stand for any questions. De Weerd: Council, any questions at this time? Bird: I have none. De Weerd: Okay. Would the applicant like to make comment. Good evening. If you will, please, state your name and address for the record. Seel: Yes. Good evening, Madam Mayor, Council Members. My name is Jonathan Seel. 2906 Haven, Eagle. Sonya, if you can go to the overview slide for me, please. Allen: I'm not sure -- this one? Okay. You're welcome to control it there, too, Jonathan. Seel: Well -- Allen: But if you would like me to switch I certainly can for you. Meridian City Council October 3, 2017 Page 28 of 36 Seel: -- yeah, I was -- let's see. Bear with us here. There we go. First off I think Sonya did a very nice job of giving you the details on this, but what I'd like to do is just highlight some things that I think are important on this project. With respect to the design highlights, as I mentioned we have had to vertically integrate the buildings along the -- the south perimeter. In other words, just north of Hobby Lobby. When we met with staff a while ago they were very optimistic I think -- or very pleased about the vertically integrated buildings. They like the concept of it. I think it's gotten a lot of appeal with the commercial and the retail. It has highly planted landscape buffers. Again, we have incorporated a lot of that. There is very walkable connections in there between that and also Champion Park Subdivision. There is a good land use transition between Centrepoint's commercial use to the south and Champion Park Subdivision, which is a single family to the west. There is 4.25 acres of open space, whereas the city code only requires 1.73. Then the other thing is all exterior and landscaping are managed by an HOA association and I think this is a very important point. There is a document that's very specific about control. At the time that -- that these buildings are sold there is a fund paid in, a maintenance fee, and there is a monthly maintenance fee. This literally covers, for lack of a better word, all the maintenance for the exterior of this project. The only thing it doesn't address is the interior of these four-plexes. That is the paving, that's the driveways, that's the buildings, that's the landscaping, that's the street, the sidewalks, the common areas, the amenities. Why I think that's important is -- I know you probably have heard times where people will have rentals and there is an absentee landlord. This you absolutely are sure that -- whether it's six months after it's done, three years, four years -- as you're driving through you're not going to look and say, well, there is a guy he must live out of state, because he doesn't see the condition of his property. The condition that will be -- the condition or the standards for maintenance of this project will be equal or potentially superior to any of the other subdivisions within Meridian. I think that's an asset to the community. The next one is the amenity. So, I don't know if, Sonya, we are -- as far as the amenities go -- in other words, as far as the amenities, we have the clubhouse, we have the urban plaza, which is over in the southeast near the vertically integrated. Again, we have the pathways throughout this, without -- without the development. We have the walking trails. We have a swimming pool, which is 20 by 40. A children's play structure area. An open soccer area and open grass -- grass area. A dog park. And also two -- two shelters. So, again, I think there is a wide variety of amenities here that can encourage people to stay within this project , in other words, instead of traveling out of it. As far as parking goes, if you look at that, we have got 594 total parking spaces, which is 2.77 spaces per unit. The requirement is two. There is 164 extra parking spaces beyond what's required within code. There is 48 bike parking spaces, 26 are only required. Within the vertically integrated there is one parking space per unit and one space for 500 commercial. So, there is 47 parking spaces -- there is 48. I guess the thing that I'm trying to say in kind of going through the amenities and stuff is I think Mr. Doolin, the applicant, has not tried to meet city code or requirements, he's exceeded it, and I think that speaks to the quality of the development and the quality of the developer. So, I think those are -- those are important aspects. So, with closing I think this is an excellent project. I think one of the things that I think is important here is that this actually offers the city a third option for housing. If you think about it right now, pretty well within a few Meridian City Council October 3, 2017 Page 29 of 36 exceptions you have got your single family home that you can rent or you can buy. You have got your apartment project that you can live in, which may be a two or three story, four story thing. So, those are your primary options. This offers, essentially, a -- almost what I would call a single family structure. If it wasn't -- if it wasn't attached it would be. The maintenance is taking care of it and you have the flexibility of still being able to rent it. So, I think it brings a third option to the city and I think it's an asset to it. So, with that I will stand for any questions that you might have. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Jonathan, I heard the word townhouse. So, that I understand this clearly, will each individual unit be sold and individually owned or as a four -plex? Seel: Mayor, Council W oman Milam, it will be as a four-plex. So, I think of it mentally and so maybe that's not as a townhouse, but it's four units, so it's a four-plex. But each one of those will be sold individually as a four-plex, so -- De Weerd: So, they will be sold as a four-plex instead of condominiumizing the -- the spaces in -- Seel: Madam Mayor, that is correct. Yes. De Weerd: Okay. Any other questions for the applicant? De Weerd: Okay. Thank you, Jonathan. Seel: Okay. Thank you very much. De Weerd: This is a public hearing. Coles: The only other sign-up, Madam Mayor, was James Doolin, the applicant. De Weerd: Okay. This is a public hearing. Is there anyone who wishes to provide testimony on this application? Radek: Madam Mayor, I know this is a little unusual, but I -- in my review of this, it kind of snuck up on me that I missed one thing on the review and I want to ask the applicant if they will -- can you go back to the map there . In the design standards the -- there is a requirement to make a second connection to the water system if it's reasonable and in my analysis of this I modeled it and I -- I just missed it. Right now the only water connection to this whole entire thing is coming from -- on that Centrepoint -- Centrepoint water main. So, my request -- the applicant would be -- would you -- it looks like there is a couple opportunities to make a water main connection to the existing water main in that Meridian City Council October 3, 2017 Page 30 of 36 private drive on the south. It looks like you're talking about 80 feet or something like that. So, is that something the applicant will -- will consider to do? Okay. Thank you. De Weerd: I know the public record doesn't capture shaking of the head or -- you know better, Jonathan. Doolin: My name is James Doolin. My address 4685 South Highland Drive, Salt Lake City, Utah. Madam Mayor and Council Members, our answer is, yes, we will add the second -- we will add the secondary connection to the waterline. De Weerd: Thank you. We appreciate that. Is there anything else you would like to add? Doolin: No. I guess I will add one thing. We came with that project a few months ago, presented it in front of you. You guys asked us, hey, we like your project, just find a better location. At that time that project had some challenges. There was an existing development agreement capped the amount of multi-family units. At that meeting I wish I had this project in my back pocket, but we are here today, we think it would be a great addition to the city. We ask that you guys approve it. De Weerd: Thank you. We appreciate that. Okay. Is there any further testimony on this application? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing none, I move we close the public hearing on H-2017-0107. Borton: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2017-0107 and to include all staff and applicant comments. Borton: Second. De Weerd: I have a motion and a second to approve Item 10 -C. Any discussion? Borton: Madam Mayor? Meridian City Council October 3, 2017 Page 31 of 36 De Weerd: Mr. Borton. Borton: Does the motion include the access points to the collector? Bird: Yes. Borton: Okay. De Weerd: And the inclusion of the water -- Bird: Water main and all that. De Weerd: Okay. Are we missing something, Sonya? Allen: Did you already address the access -- the waiver for access to the collector street? Okay. Thank you. De Weerd: Okay. Anything further? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a comment. I think that over the past few weeks and months I think the question about multi-family has come up a lot. I know it's come a lot with constituents reaching out to me and I just wanted to say to the applicant this is -- we need more of this in Meridian. This is well built, well designed, right location, multi-family. It's going to serve our community both large and small. Thanks for bringing the project to our community. De Weerd: I guess what I would add to it is -- is the consideration of condominiumizing as well. Certainly from our aging population I hear from residents that want to own, but they don't want to maintain a yard and they would like to have the kind of amenities that -- that this development is offering with that ownership opportunity, so -- and we don't see those. So, at some point we hope that that's something that the market can bring. I know it's one of those scary unknowns and it's a little bit more complicated, but we appreciate you coming back and finding a more -- an adequate site for this type of project. Anything further from Council? If not, Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council October 3, 2017 Page 32 of 36 D. Final Plat for Brickyard Subdivision No. 1 (H-2017-0125) by John Carpenter Located approximately 1/3 mile north of E. Ustick Rd. on the east side of N. Centrepoint Way De Weerd: Item 10-D is a final plat for H-2017-0125. Allen: Madam Mayor, Councilmen, the next application is a request for a final plat for the first phase of Brickyard Subdivision, the preliminary plat you just approved. This site consists of 5.44 acres of land, zoned C-G, located at 30 -- excuse me -- 3611 North Centrepoint Way. The proposed final plat depicts 30 building lots and one common lot on 5.44 acres of land in a C-G zoning district. Development is required to comply with the dimensional standards of the C-G zoning district. Staff has reviewed the proposed final plat for consistency with a preliminary plat and dimensional standards of the C-G district and found it to be in compliance and in substantial confo rmance with the preliminary plat as required. Written testimony has been received from John Carpenter, the applicant's representative, in agreement with the staff report. Staff is recommending approval with the conditions in Exhibit B. Staff will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Does the applicant have anything to add? Please state your name and address for the record. Seel: Jonathan Seel. 2906 Haven, Eagle. We are agreement with the staff report and ask that you approve the final plat. De Weerd: Thank you. Council, hearing no further questions, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the final plat on H-2017-0125 and to include staff and applicant comments. Borton: Second. De Weerd: I have a motion and a second to approve Item 10-D. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Meridian City Council October 3, 2017 Page 33 of 36 MOTION CARRIED: ALL AYES. E. Final Plat for Brickyard Subdivision No. 2 (H-2017-0126) by John Carpenter Located approximately 1/3 mile north of E. Ustick Rd. on the east side of N. Centrepoint Way De Weerd: Item 10-E is final plat for H-2017-0126. Allen: Madam Mayor, Members of the Council, the next final plat is the second phase of development of Brickyard Subdivision. This site consists of 1.88 acres of land, zoned C- G, located at 3611 North Centrepoint Way. The proposed final plat -- I guess I better get on the right one here. The proposed final plat depicts eight building lots and one common lot on 1.88 acres of land in a C-G zoning district. Staff has reviewed the proposed final plat for consistency with a preliminary plat and the dimensional standards of the C-G district and found it to be in compliance and in substantial conformance with the preliminary plat as required. Written testimony has been received from John Carpenter, the applicant's representative, in agreement with the staff report. Staff will stand for any questions. Staff is recommending approval. De Weerd: Thank you. Council, any questions for staff? Any comment from the applicant? You know, you don't have to comment. Seel: I'm sure you don't want me to shake my head again. I get yelled at. Bird: Yeah. Seel: Jonathan Seel. 2906 Haven. We are in agreement with the staff report and ask that you approve the final plat for Brickyard Sub No. 2. De Weerd: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve H-2017-0126 with all staff and applicant comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 10 -E. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. Meridian City Council October 3, 2017 Page 34 of 36 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Department Reports A. Planning Division and Legal Department: Connection of county parcel at 1035 E. Fairview to City sewer system; anticipated future development issues De Weerd: Item 11-A is under our Planning Division and Legal Department. I guess I will ask Mr. Nary for an update. Nary: Thank you, Madam Mayor, Members of the Council. We have a very simple eight page agreement that only took two months to get back to you. We do have an agreement before you that's been signed by the property owner in relation to the property at 1035 East Fairview. All of you are familiar with that. We have worked out a lot of the details. The only addition I would add -- what we have done is try to create both the hookup agreement now, with the conditions that Council required for future annexation. We did draft a proposed preliminary draft, a development agreement, because that's part of the annexation process. We are all aware that the direction was that the existing billboard that's on the property would remain under the conditions in our code . There is one change from what's in your packet. There is an Exhibit B that's listed in your packet and the Exhibit B that you have says provisionally approved site plan. Cross-access to be required prior to occupancy. That was exhibit page -- an early iteration of this agreement. We have replaced that now. The current one just says provisionally approved site plan. The site plan is still the same. The issue of cross-access is not before you today. We have discussed that for our future discussion at the annexation stage on whether or not that would work or be practical and that will be part of that public hearing at that process, but it isn't part of today. We are ready to move forward. I don't know if planning has anything else. Mr. Clark is here representing his client if there is any questions about this agreement, but I think we have got it to where all parties are satisfied it meets the intent and desire of the Council's direction from July 25th. De Weerd: Any questions from Council? Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I move we approve the agreement on the property at 1035 East Fairview. B. Agreement for Extension of Domestic Sewer Service Outside Meridian City Limits: 1035 E. Fairview Avenue Meridian City Council October 3, 2017 Page 35 of 36 De Weerd: Okay. Item 11-B is the agreement for the item that Mr. Nary just discussed. I have a motion. Do I have a second? Cavener: Second. Little Roberts: Second. De Weerd: I have all kinds of seconds. Any discussion? Seeings how everyone seconded it, probably not. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 12: Future Meeting Topics De Weerd: Council, any items under Item 12, as Future Meeting Topics? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think we have already discussed the -- coming back and looking at the ordinance on the water and sewer modeling and stuff that we need to get straight and which I know Public Works and legal can work on that. That's something we need to get taken care -- the sooner the better, but we want to make sure that we -- we got to remember that we when set these fees and stuff that we are not just looking at today, you have got to look at what's coming in the future and what these fees have got to cover. So, you know, it's -- it's something that is tough and for the 20 years I have been here we have -- these water and sewer fees have always been something and we have struggled with at times and other times we haven't. Sometimes we have done it right, sometimes we have done it wrong, but I think we definitely need to look at that ordinance and make sure that we get it so that as Council Woman Milam said, something us layman can read that we don't have to have a jurist doctorate to understand what's on it. De Weerd: Or an engineering degree. Between the two it's kind of scary; right? Point taken. We will make sure that an update, if not the full discussion, is on the workshop in November and that's November 14th. And I'm sure that next -- next week during the workshop we have the annual update from Public Works. They might even touch on it there. So, with that I do have a couple of upcoming events. Final -- the final Kleiner Park Live is Thursday night from 5:30 to 8:30, featuring B -- B Town Hitmen Retreads. We will have the Public Safety Day on Saturday, the 7th, as Pam Orr mentioned. That is from 7:00 -- or 10:00 a.m. to 2:00 p.m. at Fire Station No. 1. Coffee with the Mayor next Meridian City Council October 3, 2017 Page 36 of 36 Tuesday on the 10th from 8:00 to 9:30 at one of our newer restaurants, the Flame Broiler. And, finally, for those interested in football, we have got the local rivalry from Meridian versus Mountain View on Friday, the 6th at Mountain View. Kick off at 7:00 p.m. So, with that said, if there is nothing further, I would entertain a motion to adjourn. Milam: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMM DE WEERD DATE APPROVED ATTEST: C. JArf COLEA. UTY CLERK �QO�PSED AUGUST, 2 City of " IDIAN�- IDAHO �2� SEAL �� Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN -IN SHEET Date: October 3, 2017 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name Provide Description of Discussion Topic j r C� r / �� /9 5'-e 1.(% `e f 6CS Q_ r ., 1502 W. Balboa St. Kuna,ID 83634 October 3, 2017 Re: Account #44400300-01 at 3940 S. McGuire St., Meridian City Council City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 Dear Member of the City Council: The City of Meridian does not measure the volume of sewer use by residents directly, but bases the sewer use on the gallons of water used as determined by the water meter readings. In the attempt to be fair and not charge sewer use for water used outside the home which does not go down the sewer, the City calculates a water use winter average from about November 15 to the following March 15 for each household, and applies that volume as a maximum sewer volume during the other months. Again in the attempt to be fair, and to protect itself and honestly rate -paying users, the City wants to be able to assume higher sewer use on accounts in certain situations where higher sewer use seems apparent or likely. For such liberty to be granted to a Utility to raise fees without direct measure of the service used, such action should be done carefully, with proper authority, and be done uniformly according to prescribed guidelines. City Code does prescribe the application of the average winter residential water use in the city—described within City Code 9-4-24 as being 6,500 gallons (and which I will call the `City default CCA')—as the maximum volume of sewer use to be billed, when there is a change of occupancy between November 15 and March 15. Of course, when there is a change of occupancy during this time period, the winter average cannot be calculated for the incoming occupants. So, in these cases, the sewer use is assumed and set at the City default CCA. In at least two other situations, sewer use may well be higher in the summer months than the Winter Average, and the City may want to be able to assume such higher use. 1) If a change of occupancy occurs outside of the period between November 15 and the following March 15,.e.g., after March 15, City Code does not expressly prescribe the application of the City default CCA for sewer use volume. However, since a new utility account is usually established for new residents, and no account history back to the winter would exist for the new residents, it usually would be reasonable to apply the City default CCA. However, the situation may not be a change of occupancy on paper (as in new rental tenants'or new owners), but may be current residents who were absent, and who returned after March 15. The City then must make a couple of assumptions: that the people were absent and are now at home, and that instead of zero water use inside in the winter and also now in the summer and that all of the water use is outside, that actually inside water use is happening. And then the City must translate those assumptions into higher charges without the authority of plain, direct language of the City Code. 2) The other situation creates the same risk of unbilled sewer use for the City. City Code does not prescribe the application, or assumption, of the City default CCA when a Winter Average has been properly calculated and when there has been no change of occupancy. But, on the other hand, the City is not always notified when a change of occupancy occurs. As in the example above with absent owners who returned, the City is probably only measuring the fluctuating water use. The City wants to protect against not getting proper notice of a change of occupancy. A vacant rental house in the winter may start registering water use in the summer, so the City wants to assume, and has in practice assumed, that sewer use is occurring. For this example, however, the situation is that the lawn is being watered, and the house is still vacant. Possibly the City should assume that a change of occupancy has occurred, Amer all, the City should act in the best interests of all of the residents of the city, and protect against unscrupulous individuals. However, a plain reading of the City Code protects the interests of the owner of the vacant rental house here, since the prescribed calculation of the Winter Average, which was zero, is still the actual sewer use, and is therefore appropriate, So, what is the answer for these two situations? City Code prescribes using zero as the Winter Average for sewer use for the following months. "Gest interests of the City" suggests applying the City default CCA. The City also wants to be respected, to have its laws and rules respected and honored, and to be seen as administering its business fairly. In part, those purposes are accomplished by being transparent, by allowing its actions to be viewed and reviewed, and by having its policies published, accessible, and understandable. For the City to take liberty beyond the scope of its own City Code and routinely raise a utility fee above what is prescribed in the Code is not: being transparent. ► his is allowing a non -codified judgment to be applied by employees, whose guidelines may change from time to time and are not available for review. The suggestion is rade here that assuming the sewer is ;being used when rater use is measured in the summer, even though the winter use was zero, is reasonable. For the sake of mutual respect, by the City toward users, and by users toward the C'itj� the City should state its intention—iia City Code—that sewer use will he assumed during the summer months when water use is measured and when the Winter Average was calculated at less than 1,000 gallons per month. The City should also clarify that a change of occupancy at any time of the year will trigger the application of the City default CCA, This may be stating the obvious, but if is also clearly stating its intention, which respects the utility user, rather than raising a utility fee throra h a hidden guideline< Common practice by the City, as has been described, is also to review and adjust sewer use fees when other highly unusual water use patterns are measured. The suggestion is also made here that the City put users on notice, in City Code, that such review occurs. That can build confidence within the city's users as a whole, that the City is attempting to oversee and curtail unscrupulous activity. Doing so also offers respect to the users, by clearly stating the City's intention, and gives written authority to a non -codified, but reasonable, fee increase. A suggested revision to .Section 9-4-24 of City Code follows, with changed passages in an altered color, 9-4-24: WASTEWATER USER FEES ANIS ASSESSMENT FEES: V� The monthly sewer user rates for sanitary sewer service in the city are based on gallons of water used as determined by the water meter readings. residential homeowners` sanitary sewer user charges will be rased on, the actual water recorded for monthly water meter readings during the period of the year from approximately November 15 to the following March 15, For the following, eight (8) month period, the average monthly reading for the period of November 15 to the following March 15, termed the "winter average", shall be the basis for the monthly sewer user charge. However, if the actual water use recorded for any billing period between March 15 and November 15 is less than the preceding "winter average", the sewer user charge will be based on the actual water use, AISo,provided, however, tf t 1e wintei <ivf'I' �'' IS (:Fil(uh,-;i(d helo-v' 1.000 « all€ ns, of if <i hil?hly untimi d arse paitein is nrrc r ;ured. or where there is a new owner, a new occupancy, ora change in occupancy, such as in the case of sale of'newresidence construction or sales of existing residences, ai Emy hinc. dilrint� the Veal, duriiil) 'the period between November 15 and March 15, the sewer user charge shall be based on the average winter residential water use in the city which is six thousand five hundred (6,500) gallons per month unless the current water meter reading is Less than six thousand five hundred (6,500) gallons, J11 this case, the sewer user charge will be based on actual metered water use, 'I'll(- v"111r(1 residenfial v,v tte, rI ;e In dle cite will he used in place of the tvetagc ` 1.11161 the ciirreni occ,�up nis e.rt�ibhsh thein owl, ��JI31tc3` m/e r'lge . Guidell ics "vhnt I`.� considered �a hitrhly irmisti'll w11wl U'11'e pattern G,vdl be el -J blislied w)d puhl ished hyo 1he l'uldic V"Lor jar; l )qri,-tllwj4 p( -r fodjcally. All other users such as commercial Ze and industrial shall be based on their monthly water consumption. The user charges may be reviewed annually. The user charge system is based on the following: Why specify city fees and possible increases to fees in the City Code, instead of allowing a "fairness doctrine" and/or unwritten guidelines to "authorize" such fees or increases? The City has the right to reduce a fee in a special circumstance, and would usually be respected for doing so, when fairness calls for it. And, of course, since its actions are public, it would only do so when public review would likely support the reduction. When the City wants to raise a fee unilaterally, and without the authority of City Code, it again needs to be certain of the fairness of the action, and have evidence to back itself up. It still risks anger and resentment, however, until the action is explained, and if the evidence proves the City wrong, the City could face worse embarrassment or liability. As an adjunct to the above suggested changes in wording and stated policies in the City Code, a measured standard within this Code section also needs to be updated. Section 9-4-24 of Meridian City Code states that "average winter residential water use in the city ... is six thousand five hundred (6,500) gallons per month". Apparently this is or was an average value calculated from actually measured residential water use in Meridian, as stated. However, as determined recently by the Department of Public Works, and presented in a Public Hearing, the most recent three-year average of winter residential water use in the city is four thousand six hundred (4,600) gallons per month. The value given in the Code section currently is of an unknown age, possibly from fifteen years ago. Request is made here to update the value to the more recently measured amount. Thank you for your attention, and fair and impartial review. Sincerely yours, Merlin Slyter - 3_ Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Fire Prevention Month Proclamation 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 Proclamation Fire Prevention Month WHEREAS, the City of Meridian is committed to ensuring the safety and security of all those living in and visiting our city; and WHEREAS, fire is a serious public safety concern both nationally and locally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, Meridian’s first responders are dedicated to reduce the occurrence of home fires and home fire injuries through prevention education; and WHEREAS, Meridian’s residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, the 2017 Fire Prevention Month theme, “Every Second counts; plan 2 ways out!” Effectively serves to remind us all of the simple actions we can take to stay safer from fire. THEREFORE, I Tammy de Weerd, Mayor of the City of Meridian do hereby proclaim October, 2017 as Fire Prevention Month throughout this city and call upon the people in our community to heed the important safety message of replacing their smoke alarms every ten years. Dated this 3rd of October 2017 ______________________________ Tammy de Weerd, Mayor Keith Bird, City Council Genesis Milam, City Council Joe Borton, City Council Ty Palmer, City Council Luke Cavener, City Council Anne Little Roberts, City Council Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 26, 2017 City Council Regular Meeting MEETING NOTES 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council September 26, 2017 Page 10 of 10 Cavener: Second. De Weerd: All in favor say aye. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: I would entertain a motion to adjourn. Bird: So moved. Little Roberts: Second. De Weerd: All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:28 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10, 3 ,?J7 MAYOR TA�r DE WEERD DATE APPROVED C. Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 7B PROJECT NUMBER: I1111MV1r11111IR4 Resolution No. 0— �k)3 A Resolution Establishing Appointments for Board Members and Alternates to the Valley Regional Transportation Authority. 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 -b 3 R CITY OF MERIDIAN RESOLUTION NO. 1-77 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR BOARD MEMBERS AND ALTERNATES TO THE VALLEY REGIONAL TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian by the passage of Resolution No. 04-446 on October 19, 2004 designated representatives to serve as primary and alternates for the Valley Regional Transportation Authority; and WHEREAS, due to changes of members of the City Council and staff warranted the need to change the designated primary and alternate representatives; and WHEREAS, Idaho Code §40-2106(3) states board members shall be appointed by resolution of the appointment agency; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Idaho Code §40-2106, that the following persons be appointed to the Valley Regional Transportation Authority Board: Councilmember Luke Cavener as a primary representative Councilmember Genesis Milam as a primary representative Planning Manager C. Caleb Hood as an alternative representative Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 3 day of October, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this -1 day of October, 2017. APPROVED: 'm Wily of � ATTEST: yoayor Ta de Weerd ODA" O By: - SEA C. y Colu, City Clerk r��^ RESOLUTION FOR VALLEY REGIONAL TRANSPORTATION AUTHORITY BOARD REPRESENTATIVES - 1 of I Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Resolution No. /-7- 2b3 Resolution to Approve City Council President's Appointments of City Council Members to Serve as Department Liaisons, Committee Members, Commission Ex -Officio Members and City Area Contacts. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 17 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING CITY COUNCIL PRESIDENT'S APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS DEPARTMENT LIAISONS, COMMITTEE MEMBERS, COMMISSION EX -OFFICIO MEMBERS, AND CITY AREA CONTACTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Meridian City Code section 1-7-6(A), the president of the City Council is to appoint a city council member to be council liaison of each of the City departments, and at the City Council meeting on October 3, 2017, City Council President Keith Bird did make such appointments, as set forth in Exhibit,4 hereto; WHEREAS, City Council members are authorized to represent the City of Meridian at, or attend on behalf of the City of Meridian, the meetings of various interagency boards, committees, and initiatives, including the Community Planning Association of Southwest Idaho, the Ada County Air Quality Board, the Meridian Rural Fire District Board, Meridian Development Corporation, Allumbaugh House Joint Powers Entity, Ada City -County Emergency Management Executive Council, and Valley Regional Transit Board; WHEREAS, pursuant to Meridian City Code section 2-1-1(C)(9), each commission shall include a City Council member to serve in an ex -officio, non-voting capacity, and at the City Council meeting on October 3, 2017, City Council President Keith Bird did make such appointments, as set forth in Exhibit A hereto; WHEREAS, in order to facilitate timely public service, there are designated five City areas, and at the City Council meeting on October 3, 2017, City Council President Keith Bird did delegate to each City Council member primary responsibility for responding to citizen inquiries originating from that City area, as set forth in Exhibits A and B hereto; and WHEREAS, by this resolution, the City Council of the City of Meridian seeks to effectuate and memorialize these appointments; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council members appointed by City Council President Bird to serve as liaisons to the respective departments, as set forth in Exhibit A hereto, shall fulfill the duties of such function as enumerated in Meridian City Code section 1-7-6(B). Section 2. That the City Council members appointed by City Council President Bird to serve as ex -officio members of the respective commissions, as set forth in Exhibit A hereto, shall fulfill the duties of such function as enumerated in Meridian City Code section 2-1-1(C)(9). RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE 1 OF 4 Section 3. That the City Council members appointed by City Council President Bird to serve as contact persons for the respective City areas, as set forth in Exhibits A and B hereto, shall have primary responsibility for responding to citizen inquiries originating from those respective City areas. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 3 day of October, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this 3 day of. October, 2017. Vr� Chy or �w E IDIANI,_ `11IOAHO SEAL ATTEST: '"'the 7REAo� By: C. CColes, City Clerk APPROVED: r Tamm eerd RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE 2 OF 4 RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE 3 OF 4 EXHIBIT A CITY COUNCIL MEMBER APPOINTMENTS Seat Council Member Department Liaison Appointment Committee and Commission Appointment City Area Designation 1 Anne Little Roberts alittleroberts@meridiancity.org c: 208-861-4799 Police Historic Preservation Commission, ex officio Ada County Air Quality Board 3 2 Joe Borton jborton@meridiancity.org h: 208-288-2630 c: 208-870-3764 Mayor, Clerk, Finance, IT Allumbaugh House (alternate) COMPASS (alternate) ACEM (alternate) 1 3 Ty Palmer typalmer@meridiancity.org c: 208-954-6432 Fire Community Development Meridian Rural Fire District Board EMS JPA (alternate) 4 4 Keith Bird kbird@meridiancity.org h: 208-888-2108 c: 208-860-7757 Parks Meridian Development Corporation Parks & Recreation Commission, ex officio 5 Genesis Milam gmilam@meridiancity.org c: 208-371-6009 Legal, HR Arts Commission, ex officio Solid Waste Advisory Commission, ex officio VRT Board 2 6 Luke Cavener lcavener@meridiancity.org c: 208-695-4536 Public Works VRT Board Transportation Commission, ex officio 5 RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE 4 OF 4 EXHIBIT B CITY AREAS Meridian City Council Meeting DATE: October 3, 2017 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: The Oaks South Subdivision No. 5 Water Main Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 7D DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-094720 BOISE IDAHO Pgs=7 HEATHER LUTHER 10/05/2017 12:53 PM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS INDENTURE, made this 6th day ofseptember20 17 between New Oaks LLC the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a 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 time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a 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, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE steal I 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 Main 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 lawfttl right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRA R: Coles an Real Estate Management LLC, Manager by Noelle Gambill, Manager 1116 S Vista Avenue, #471, Boise ID 83705 Address STATE OF ID ) : ss. County of Ada ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared and , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ASL (((3'':.��c..c���ci. ll C—A' C <- r a pCLK Y�c� 11��2c5 UYy� t �� (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement REV. 08/15/16.doc QRANTEE: CITY OF MERIDIAN Tammy e cry,, ayor Xtt& by C. ay Coles, City Clerk ? / Approved By City Council On; /0/``"`.3 l STATE OF IDAHO, ) : ss County of Ada ) On this 3 nd_ day of 04,o , 20 1 -7- , before me, the undersigned, a Notary Public in and for said State, personally appeared 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. [N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written, LhaxLny NOTARY PUBLIC FOR IDAHO Residing at: . Commission Expires; 3 • a.S - oa ?V Q • '•1,`9 OF 19 •�� �•�MR00* Water Main Easement REV. 08/I5/16.doe CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of,�'o�-�an�,(]a. ) r On &;, p-\-- (p , k!�j before me,e Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JENNIFER R. DUNN NotaryPublic- California 7 Santa Barbara County i Commission N 2198521 My Comm. Expires May 21, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu^�, Signatur of �Nota��Public� Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F] Other: Signer Is Representing: •u •ei •m •v •ei •ti •ei •dti •d •d •v 'ei •d •v -v •v •✓ 'd •ri •ei -ei •v •� .� . •v •v . •d •a •d •v -v •ti •v •v •d •d •ei •ei '� •ar •er •^� '� 1 • National NotaryAssociation - www,Nati• • • • ill A'(1-800-876-6827)91 CJU J U 11 O A7WAY vF�ICe"w CROUP N J-U-B ENGINEERS, INC. Xh'ri The Maks South Subdivision Offsite Water Lime Description Project Number 10-16-114 Apr1111, 2017 A strip of land within a portion of Parcel "A", as shown on Record of Survey No. 10627, recorded September 12, 2016 as Instrument No. 2016-085818, records of Ada County, Idaho, situated in the North 1/2 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 8916'50" West, 2635.27 feet; Thence along the north boundary of said Section 33, North 89°16'50" West, 1516,64 feet to the northeast corner of said Parcel "A"; Thence along the east boundary of Parcel "A" the following three courses and distances: South 00943'10" West, 488.98 feet; South 08027'38" West, 27.26 feet to the POINT OF BEGINNING; South 08°27'38" West, 20.13 feet; Thence leaving said east boundary, North 88°07'20" West, 21.22 feet; Thence North 76°52'20" West, 147.99 feet; Thence North 89°26'57" West, 944.94 feet to the west boundary of the Northwest 1/4 of Section 33; Thence along said west boundary, North 00°32'37" East, 20.00 feet; Thence leaving said west boundary, South 89°26'57" East, 917.11 feet; OF Page 1 of 2?c a 250 S. Beechwood Avenue, Suite 201, Boise, IA 83709 p 208-376-7330 r 208-323-9336 1v www.jub.com (-J-UGATEWAY I IJ CQfvlPtlPlil:`.i F.= ( LANGGON �'; I MAPPIIIG GROUP 11M J-U-B ENGINEERS, INC. Thence North 00°43'26" East, 483.79 feet to the north boundary of the Northwest 1/4 of Section 33; Thence along said north boundary, South 89°16'50" East, 20.00 feet; Thence leaving said north boundary, South 00043'26" West, 483.73 feet; Thence South 89026'57" East, 10.04 feet; Thence South 76052'20" East, 148.22 feet; Thence South 88°07'20" East, 21.55 feet to the POINT OF BEGINNING. Said strip of land contains 31,986 square feet or 0.73 acres, more or less. End of Description. v'�l ('1A 11779 0 �a4 Mc0P� Page 2 of 2 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 it, www.jub.com Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: The Oaks South Subdivision No. 5 Sanitary Sewer Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-094719 BOISE IDAHO Pgs=5 HEATHER LUTHER 10/05/2017 12:52 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT THIS INDENTURE, made this > day of X" , 20..L-7etween NQW Daly S , , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line 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 sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. 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. 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 Sewer Main Easement REV, 08/15/16 . described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: „ ) No00'-s / President Yy1� tr lA Address m Secre ry STATE OF IDAHO ) ) ss County of Ada ) On this J.q4jA— day of AJC'„ COA 60,V, 20 before me, the undersigned, a Notary Public in and for said St a , personally appeared nyWVLb ✓f .evvia,h and own or identified to me to be the President and cretary, respectively, f the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist ab946&®itten. (SEAL ® o NOT RY PUBLIC FOR IDAHO �B0� Re iding at: Commission Expires: 3,-,2-& --2-D Sewer Main Easer;l �� a �° ®��® REV. 08/15!16 GRANTEE; CITY OF MERIDIAN Tammye e ayor Att� by dfay Coles, City Cleric C�WEECuvof w IDAND k'JDJAN�— \00,. SEAL Approved By City Council On; /0/ �/ 4�9rl STATE OF IDAHO ) ss County of Ada ) On this r� day of k v- , 20 -L -L, before me, the undersigned, allotary Public in and for said State, personally appeared TAMMY DE WEERD and C.JAY COLES known to me to be the Mayor and City Cleric, 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, ot"M NOTARY PU13LIC FR ID O Residing at; al nn AQ, A&DIL Commission Expires: d Sewer Main Easement REV. 08/15/16 r r J•U•B ENGINEERS, INC. J�u-a CONIPANIFS „% VI'161' 1 The Oaks South Subdivision No. 5 City of Meridian -Sanitary Sewer Easement Project Number 10-16-114 September 8, 2017 TH[ OATEW" LANOOON�,( MAPPING GROUP -INC. A parcel of land situated in the Northeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 89°16'50" West, 2635,34 feet; Thence South 72°37'04" West, 688.76 feet to the POINT OF BEGINNING; Thence South 00043'10" West, 20.00 feet; Thence North 89°16'50" West, 15.00 feet; Thence North 00°43'10" East, 20.00 feet; Thence South 89°16'50" East, 15.00 feet to the POINT OF BEGINNING. Said parcel contains 300 square feet, more or less. End of Description, 1a LLAi GiST��j 1 �7 0 t� J Of Page 1 of 1 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 2 208-376-7330 f 208-323-9336 iv www,jub.com (-4 0 CA co z W 0) (0 Z 0 Izi CN4 to (-4 0 CA co Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 7F PROJECT NUMBER: ITEM TITLE: Final Plat for Hill's Century Farm Subdivision No. 8 (H-2017-0127) by Brighton Investments, LLC located approximately 'Amile south of E. Amity Road, and 1/2 mile east of S. Eagle Road MEETING NOTES [YI 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: October 3, 2017 ITEM NUMBER: 7G PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law for Trust Storage (H-2017- 0082) by John Day Located Northeast Corner of S. Locust Grove Road and E. Puffin Street MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Combined Preliminary/Final Plat Consisting of Two (2) Building Lots on 9.28 Acres of Land in the C-C Zoning District and Conditional Use Permit to Develop a Self-service Storage Facility for Trust Storage, by John Day. Case No(s). H-2017-0082 For the City Council Hearing Date of: September 19, 2017 (Findings on October 3, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0082 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 19, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a combined preliminary/final plat and conditional use permit is hereby approved per the provisions in the Staff Report for the hearing date of September 19, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Combined Preliminary/Final Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0082 - 2 - determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 19, 2017 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0082 - 3 - By action of the City Council at its regular meeting held on the day of 06+ k r 2017. COUNCIL PRESIDENT KEITH BIRD VQTED1 COUNCIL VICE PRESIDENT JOE BORTON VOTED /U'0G COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED \ COUNCIL MEMBER TY PALMER VOTED—4 COUNCIL MEMBER LUKE CAVENER VOTED %e� COUNCIL MEMBER GENESIS MILAM VOTED /epi MAYOR TAMMY de. WEERD VOTED (TIE BREAKER) Mayor Tammy Weerd Q`Q0RPI eu AUG�iS Attest: v° c'lry or 0�4E jpjAIV 4 Z IDAHO C.f,ay Coldd SEAL City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By0,�OjjjrU Dated: City Clerk's Office i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0082 - 4 - EXHIBIT A STAFF REPORT HEARING DATE: September 19, 2017 TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Trust Storage – PFP, CUP (H-2017-0082) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, John Day, has submitted an application for a combined preliminary and final plat (PFP) consisting of two (2) building lots and a conditional use permit for a self-service storage facility on 9.28 acres of land in the C-C zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PFP and CUP applications based on the Findings of Fact and Conclusions of Law in Exhibit C of this report. The Meridian Planning & Zoning Commission heard these items on July 20 and August 3, 2017. At the public hearing, the Commission voted to recommend approval of the subject PFP and CUP requests. a. Summary of Commission Public Hearing: i. In favor: John Day, Kathy Wlodarczylk, Sharron Manvel, Reta Chatten and Glenn Shell (sign up as neutral) ii. In opposition: None iii. Commenting: None iv. Written testimony: Lisa Baird v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Design of the structures and appropriate building materials ii. Screening materials and the height of the screen wall iii. Landscaping along the perimeter of the facility. d. Commission Change(s) to Staff Recommendation: i. Condition 1.1.4 – Commission struck bullet #1 and #2; and modified bullet #3 because the applicant submitted a revised landscape plan that addressed these items. ii. Condition 1.1.6 – Commission modified this condition to coincide with the revised elevations and include additional verbiage requiring compliance with the ASM and the site and structure standards set forth in UDC 11-3A-19. iii. Condition 1.1.7 – Commission struck bullet #1 and #3; and modified bullet #2 to specify the screen wall along the perimeter of the complex be 8 feet in height and designed to complement the design of the facility. e. Outstanding Issue(s) for City Council: i. None Trust Storage – PFP, CUP (H-2017-0082) PAGE 1 EXHIBIT A The Meridian City Council heard these items on September 19, 2017. At the public hearing, the Council approved the subject PFP and CUP request. a. Summary of City Council Public Hearing: i. In favor: John Day ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation ii. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0082, as presented in the staff report for the hearing date of September 19, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0082, as presented during the hearing on September 19, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0082 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the northeast corner of S. Locust Grove Road and E. Puffin Street in the NW ¼ of Section 20, Township 3 North, Range 1 East. (Parcel No S1120223310) B. Applicant: John Day, Slichter/Ugrin Architecture 415 S. 13th St. Boise, ID 83702 C. Owner: TS South Meridian, LLC 1865 E. Sendoro Lane Boise, ID 83712 D. Representative: John Day, Slichter/Ugrin Architecture 415 S. 13th St. Boise, ID 83702 Trust Storage – PFP, CUP (H-2017-0082) PAGE 2 EXHIBIT A E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a combined preliminary/final plat and a conditional use permit. A public hearing is required before the Planning and Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 30, 2017 (Commission); August 18, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: June 22, 2017 (Commission); August 10, 2017 (City Council) D. Applicant posted notice on site(s) on: July 10, 2017 (Commission), September 8, 2017 (Council) VI. LAND USE A. Existing Land Use(s): The site consists of a single undeveloped vacant lot, zoned C-C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: C-store, fuel facility and carwash, zoned C-C South: LDS Church, zoned R-8 East: Multi-family residential and Mountain View High School, zoned L-O and R-4 West: Assisted living facility and single family residential, zoned L-O and R-4 C. History of Previous Actions: • In 2000, this property received annexation and zoning (AZ-00-004) approval of 16.119 acres of land with a C-N zoning district (Ordinance No. 882). • In 2010, a rezone (RZ-10-006) from the C-N zone to the C-C zone and a preliminary plat (PP-10-006) consisting of five (5) building lots was approved for the Somerton Subdivision. A development agreement was required with the rezone of the property and recorded as instrument #111037071. The subject property is a remnant parcel leftover from the approval of the previous preliminary plat. The developer at the time failed to process any time extensions with the City and the previous plat has since expired. D. Utilities: 1. Location of sewer: The city currently owns and maintains sewer mains directly adjacent to the proposed development. 2. Location of water: The city currently owns and maintains water mains directly adjacent to the proposed development. 3. Issues or concerns: The applicant shall be responsible for the installation of additional water mains through to the project to provide for fire protection. D. Physical Features: 1. Canals/Ditches Irrigation: There is an existing irrigation facility (Hunter Lateral) is tiled along the east boundary of the property contained within a 20-foot wide easement. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. Trust Storage – PFP, CUP (H-2017-0082) PAGE 3 EXHIBIT A VII. COMPREHENSIVE PLAN The subject property is currently designated “Commercial” on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 21), commercial designated areas: provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. The applicant is proposing to subdivide the property to develop a majority of this site with a self- service storage facility (Lot 2, Block 1) consisting of approximately 162,687 square feet. The other lot (Lot 1, Block 1) will remain vacant and develop at a later date. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. • “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Parking lot landscaping is required to be provided with development of this property in accord with UDC 11-3B-8C. • Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (3.05.02A). The City has adopted a design manual to address compatibility between land uses. The applicant is proposing a commercial development adjacent to an established residential development and other commercial establishments. Specifically, the applicant is proposing to develop the site with fourteen (14) storage buildings, including an attached office. The primary building materials proposed for these structures is metal siding with a mix of colors and patterns. Many of the surrounding buildings in the area use stucco, wood, stone wainscot and earth tone colors. The Architectural Standards Manual (ASM) emphasizes a mix of materials and variations in roof and wall planes along public spaces and public streets. Because this facility is on a highly visible corridor and surrounded by high quality development, staff is of the opinion the applicant should elevate the design of the facility and use building materials that complement the adjacent developments. The site must comply with the design standards set forth in UDC 11-3A-19 and the guidelines in the ASM. • Maintain integrity of neighborhoods to preserve values and ambiance of areas (3.05.02). If the applicant complies with the design guidelines outlined in the ASM, UDC design standards and specific use standards, staff is of the opinion the proposed use should maintain the integrity of the neighborhood. • Restrict private curb cuts and access points on collectors and arterial streets (3.06.02D). One access point has been provided from a shared driveway via S. Locust Grove and one access is provided to E. Puffin Street. No other access is proposed or approved with the subject application. Trust Storage – PFP, CUP (H-2017-0082) PAGE 4 EXHIBIT A • Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.) (3.06.02F). The subject property abuts S. Locust Grove Road and E. Puffin Street. The UDC requires a minimum 25-foot landscape buffer adjacent to S. Locust Grove and a 10-foot landscape buffer along E. Puffin Street in accord with UDC 11-3-7C. • Plan for a variety of commercial and retail opportunities within the Impact Area (3.05.01J). This area of Meridian is lacking a self-service storage facility to serve the multiple single family and multi-family developments in the area. • Protect existing residential properties from incompatible land use development on adjacent parcels (3.06.01F) On the east boundary, there is an existing multi-family development. Although zoned L-O, the applicant is still responsible for constructing a 25-foot wide landscape buffer between the storage facility and the existing residential development. The plans as submitted comply with the buffer width requirement however, the number of plantings are not depicted in accord with UDC standards. With CZC submittal, the applicant shall provide a 25-foot wide landscape buffer along the east boundary that meets or exceeds the standards specified in UDC 11-3B-9C. • Ensure development provides safe routes and access to schools, parks and other community gathering places (3.07.02N). The applicant is responsible for constructing a 5-foot wide detached sidewalk along S. Locust Grove Road and a 5-foot wide attached sidewalk along E. Puffin Street in accord with UDC 11-3A-17. For the above reasons, staff believes the proposed development is consistent with the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the C-C zoning district. The proposed self-service storage facility requires conditional use permit (CUP) approval in the C-C zoning district. Compliance with the specific use standards listed in UDC 11-4-3-34 for the use is also required. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-C zoning district. D. Landscaping 1. UDC 11-3B-8C regulates the parking lot standards of the development code (see section 9 below for further analysis). 2. UDC 11-3B-9C regulates the landscape buffers adjacent to residential land uses. 3. Width of street buffer(s): 25 feet along Locust Grove Road and 10 feet along Puffin Street. E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 500 square feet of gross floor area Trust Storage – PFP, CUP (H-2017-0082) PAGE 5 EXHIBIT A of the proposed office building. F. Self-Service Uses: UDC 11-3A-16 lists the specific requirements for self-service uses (see section 9 below for further analysis). G. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: PRELIMINARY/FINAL PLAT (PFP): A combined preliminary and final plat is proposed consisting of two (2) building lots on 9.28 acres of land in the C-C zoning district (see Exhibits A.2 and A.3). Lot 2, Block 1 is proposed to develop with a self-service facility and the other lot is slated for development at a future date. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district and found the plat in compliance with those standards with the exception of provide the required 25-foot wide landscape buffer along the west boundary and the 10-foot landscape buffer on the south boundary. The proposed plat must be revised to depict the required landscape buffer widths prior to signature on the final plat. Access: Access to this development was provided with the first phase of the previous development formerly known as Somerton Subdivision. Reciprocal cross access is also in place to serve both lots and there is an existing a full access on to S. Locust Grove and E. Puffin Street. Landscaping: A 25-foot wide street buffer is required to be provided along S. Locust Grove Road (arterial) and a 10-foot wide landscape buffer (local) is required along E. Puffin Street, as set forth in UDC Table 11-2B-3; these buffers must be on a common lot or on a permanent dedicated buffer depicted on the plat. Landscaping within the street buffer should be provided in accord with the standards listed in UDC 11-3B-7C. The landscaping shown on the landscape plan complies with these standards, except for the required landscape buffer across Lot 1, Block 1. Further the unimproved Locust Grove right-of-way adjacent to Lot 2, Block 1must also be landscaped in accord with UDC 11-3B-7C.5 (see Exhibit A.4). Prior to signature on the final plat the applicant must revise the landscape plan to incorporate the 25-foot wide landscape buffer on Lot1 and include details for landscaping the unimproved right-of-way along the frontage of Lot 2. Fencing: No fencing is depicted on the landscape plan for this site. Any proposed fencing should comply with the standards listed in UDC 11-3A-7. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A 5-foot wide attached sidewalk is required to be constructed along E. Puffin Street and a 5-foot detached sidewalk is required along S. Locust Grove Road. Currently, an existing 7-foot wide attached sidewalk exists along the frontage of Lot 1, Block 2. Since this a newer sidewalk, staff is not requiring that the sidewalk be replaced to meet current development standards. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Trust Storage – PFP, CUP (H-2017-0082) PAGE 6 EXHIBIT A Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. CUP: Self-Service Storage Facilities: The specific use standards for the self-service storage facility listed in UDC 11-4-3-34 apply to development of this site as follows: A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self- service storage facility is specifically prohibited. The applicant must comply with this requirement. B. On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Section 11-3E temporary use requirements of this Title. The applicant must comply with this requirement. C. The distance between structures shall be a minimum of twenty-five feet (25’). All of the proposed storage buildings must meet or exceed the 25-foot distance requirement. The drive aisles between buildings A and B and B and C do not comply with this requirement. Further, there are areas within the portion of the storage facility located on the east side of the north/south drive aisle that also does not comply with this standard. The site plan submitted with the CZC application must include 25-feet of separation between all structures per the specific use standards. D. The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chain-link shall not be allowed as fencing material. The applicant for the most part has designed the site so the perimeter storage buildings screen the facility from public view. However, there are areas along or near Puffin Street that staff believes may be visible without having specific details. Staff recommends that the applicant fully enclose the area along the south boundary of Puffin Street between Buildings A and C; area between Building E and F and F and G; and the entire area adjacent to the proposed parking area H with a solid fence or wall that complements the design of the facility. Further, the secondary access gate between Buildings D and E should be constructed of a solid material to impede visibility into the site. E. If abutting a residential district, the facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m. NA. The project does not abut a residential district as defined by the UDC in Chapter 1. The adjacent apartments are zoned L-O. F. A minimum twenty five foot (25’) wide landscape buffer shall be provided where the facility abuts a residential use, unless a greater buffer width is required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9C of this title. The submitted plan depicts the required 25-foot wide landscape buffer however the number of plantings do not touch at maturity as required by UDC 11-3A-9C. The applicant should revise the landscape plan to include a 25-foot wide buffer that allows the required vegetation to touch at maturity. G. If the use is unattended, the standards in accord with Section 11-3A-16 self-service uses of this Title shall also apply. (See standards from UDC 11-3A-16 below). H. The facility shall have a second means of access for emergency purposes. One access point has been provided from a shared driveway via S. Locust Grove Road and E. Puffin Street. On the submitted plans, the secondary access is provided in the northeast corner of the site between Buildings D and E in accord with UDC standards. Trust Storage – PFP, CUP (H-2017-0082) PAGE 7 EXHIBIT A I. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. Outdoor storage is not proposed or approved for this site. All items must be stored within an enclosed storage unit. The applicant has depicted some internal parking area within the proposed secure facility east of the north/south drive aisle. At the public hearing staff recommends the applicant clarify for the Commission the intended purpose of this parking area. J. The site shall not be used as vehicle wrecking or junkyard as herein defined. The applicant shall comply with this requirement. K. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000’) from a hospital. The applicant is not proposing to store any hazardous material on the site. The applicant shall comply with this requirement. Self-Service Uses: The proposed use of the property is for a self-service storage facility. UDC 11-3A-16 requires all unattended self-service uses to comply with the following requirements: A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low-impact security lighting. The proposed development is located on a prominent corridor and should be highly visible from abutting streets. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. N/A. C. Landscape shrubbery shall be limited to no more than three feet (3’) in height between entrances and financial transaction areas and the public street. N/A Site Plan: Staff has reviewed the site plan (Exhibit A.5) submitted with this application. The following items should to be revised on the site plan submitted with the Certificate of Zoning Compliance application: • Provide a bike rack detail on the plans submitted with the certificate of zoning compliance application. The bike rack shall be located as close to the main entrance in accord with UDC 11-3C-5C. • Because the storage facility is bisected by a commercial drive aisle, staff recommends that the applicant incorporates traffic calming where the two internal drive aisles intersect or provide speed bumps in the north/south drive aisle. Landscaping: Staff has reviewed the landscape plan (Exhibit A.4) submitted with this application. Staff recommends the following items be revised on the landscape plan submitted with the Certificate of Zoning Compliance application: • Construct a 25-foot wide landscape buffer adjacent to S. Locust Grove Road on Lots 1 and 2, Block 1 in accord with UDC 11-3B-7C. The unimproved right-of-way adjacent to Lot 2 must also be landscaped in accord with UDC 11-3B-7C.5. • Construct a 10-foot wide landscape buffer adjacent to E. Puffin Street in accord with UDC 11-3B-7C. • Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. The landscape buffer on the on the east side of the north/south drive aisle and the north side of Building D must include 1 tree per every 35 linear feet per UDC 11-3B-8C. Trust Storage – PFP, CUP (H-2017-0082) PAGE 8 EXHIBIT A • Construct a 25-foot wide landscape buffer along the east boundary in accord with UDC 11- 3B-9C. Parking: Per UDC 11-3C-6B, in commercial districts, one off-street parking space is required per 500 square feet of gross floor area for the proposed office building. Based on the total square footage of office (667 s.f.), one (1) parking stall is required; four (4) spaces are proposed on the submitted site plan in accord with UDC standards. Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 vehicle spaces, in compliance with the standards listed in UDC 11-3C-5C. The submitted site plan does not depict the required bike rack. Building Elevations: The proposed development is required to comply with the design standards set forth in UDC 11-3A-19 and the ASM. The applicant has submitted renderings (Exhibit A.6) that demonstrate how the site will be viewed from the public streets. The primary building materials is metal siding presented in multiple colors and variations in the pattern. As currently designed the proposed elevations do not comply with the design standards. The ASM encourages that the buildings provide variations in wall planes and roof heights and a mix of building materials to avoid long segments of blank walls. Further, the proposed storage facility is also adjacent to several other commercial developments that have higher quality architecture than the proposed storage facility. Staff recommends that the applicant use similar color palette and building materials as the adjacent commercial so that it complements the surrounding developments consistent with the policies contained in the Comprehensive Plan and the ASM. NOTE: This requirement applies to the perimeter buildings only. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the self- service storage facility. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the ASM. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit C. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat (dated: June 7, 2017) 3. Final Plat (dated: May 30, 2017) 4. Landscape Plan (dated: May 24 August 1, 2017) (REVISED) 5. Proposed Site Plan (dated: May 24, 2017) (REVISED) 6. Proposed Elevations (dated: June, 2017) (REVISED) B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Ada County Highway District 7. Parks Department Trust Storage – PFP, CUP (H-2017-0082) PAGE 9 EXHIBIT A C. Required Findings from Unified Development Code Trust Storage – PFP, CUP (H-2017-0082) PAGE 10 EXHIBIT A Exhibit A.1: Vicinity/Zoning Map Trust Storage – PFP, CUP (H-2017-0082) PAGE 11 EXHIBIT A Exhibit A.2: Preliminary Plat (dated: June 7, 2017) Trust Storage – PFP, CUP (H-2017-0082) PAGE 12 EXHIBIT A Exhibit A.3: Final Plat (dated: May 30, 2017) Trust Storage – PFP, CUP (H-2017-0082) PAGE 13 EXHIBIT A Exhibit A.4: Landscape Plan (dated: May 24 August 1, 2017) (REVISED) Trust Storage – PFP, CUP (H-2017-0082) PAGE 14 EXHIBIT A 5. Proposed Site Plan (dated: May 24, 2017) (REVISED) Trust Storage – PFP, CUP (H-2017-0082) PAGE 15 EXHIBIT A 6. Proposed Elevations (dated: June, 2017) (REVISED) Trust Storage – PFP, CUP (H-2017-0082) PAGE 16 EXHIBIT A B. Agency Comments/Conditions 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 Development of the site shall substantially comply with the preliminary and final plat included in Exhibit A, the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual, and the conditions in this report. 1.1.2 The preliminary plat included in Exhibit A.2, dated June 7, 2017, is approved as submitted. 1.1.3 The final plat included in Exhibit A.3, dated May 30, 2017, shall be revised as follows: a. Graphically depict a permanent dedicated 25-foot wide street buffer along S. Locust Grove Road and a 10-foot wide street buffer along E. Puffin Street in accord with UDC 11-3B- 7C.2b. b. Add a note to the face of the plat that references the recorded development agreement (Instrument #111037071). c. The plat shall be recorded prior to applying for a building permit. d. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized, as well as the signatures of the Ada County Highway District and the Central District Health Department. 1.1.4 The landscape plan included in Exhibit A.4, dated May 24 August 2, 2017, shall be revised as follows is approved with the following comments: • Construct a 25-foot wide landscape buffer adjacent to S. Locust Grove Road on Lots 1 and 2, Block 1 in accord with UDC 11-3B-7C. The unimproved right-of-way adjacent to Lot 2 must also be landscaped in accord with UDC 11-3B-7C.5. • Construct a 10-foot wide landscape buffer adjacent to E. Puffin Street in accord with UDC 11-3B-7C. • Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. The landscape buffer on the on the east side of the north/south drive aisle and the north side of Building D must include 1 tree per every 35 linear feet per UDC 11-3B-8C. • Construct a 25-foot wide landscape buffer along the east boundary in accord with UDC 11- 3B-9C; the required vegetation must touch at maturity. 1.1.5 The site plan included in Exhibit A.5, dated May 24, 2017, shall be revised as follows: • Provide a bike rack detail on the plans submitted with the certificate of zoning compliance application. The bike rack shall be located as close to the main entrance in accord with UDC 11-3C-5C. • Because the storage facility is bisected by a commercial drive aisle, the applicant shall incorporate traffic calming where the two internal drive aisles intersect or provide speed bumps in the north/south drive aisle. 1.1.6 The elevations included in Exhibit A.6, dated June, 2017, are not approved as submitted and must comply with the ASM and site and structure design standards set forth in UDC 11-3A-19. The primary building materials is metal siding presented in multiple colors and variations in the pattern. As currently designed the proposed elevations do not comply with the design standards. Trust Storage – PFP, CUP (H-2017-0082) PAGE 17 EXHIBIT A The ASM encourages that the building provide variations in roof and wall planes and a mix of building materials to avoid long segments of blank walls along public street and public spaces. Further, the proposed storage facility is also adjacent to several other commercial developments that have higher quality architecture than the proposed storage facility. The applicant shall use similar color palette and building materials as the adjacent commercial developments to break-up the blank wall segments so that it complements the surrounding developments consistent with the policies contained in the Comprehensive Plan and the ASM. 1.1.7 Development of the site shall comply with the specific use standards listed in UDC 11-4-3-34 “Storage Facility, Self-Service;” and the standards for unattended self-service uses listed in UDC 11-3A-16. • The site plan submitted with the CZC application must include 25-feet of separation between all structures. • The applicant shall fully enclose the area along the south boundary of Puffin Street between Buildings A and C; the area between Building E and F and F and G; and the entire area adjacent to the proposed parking area H with an 8-foot solid fence or wall that complements the design of the facility. The secondary access gate between Buildings D and E should be constructed of a solid material to impede visibility into the site. • The applicant has depicted some internal parking area within the proposed secure facility east of the north/south drive aisle. At the public hearing, the applicant shall clarify for the Commission the intended purpose of this parking area. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C-C zoning district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. The existing 7-foot attached sidewalk is allowed to remain abutting Lot 1, Block 1. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. Trust Storage – PFP, CUP (H-2017-0082) PAGE 18 EXHIBIT A 1.2.13 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Architectural Standards Manual. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.15 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.16 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.2.17 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application for all future structures proposed on the site from the Planning Division, prior to submittal of any building permit applications. 1.4.3 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years of the approval of this combined preliminary/final plat; or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.5 The applicant shall obtain the City Engineer's signature on a final plat within two years of the approval of this combined preliminary/final plat as set forth in UDC 11-6B-7A. 1.4.6 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.7 The applicant shall pay any applicable impact fees prior to the issuance of a building permit. Trust Storage – PFP, CUP (H-2017-0082) PAGE 19 EXHIBIT A 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 The city currently owns and maintains sanitary sewer and water mains directly adjacent to the proposed development. The applicant shall be responsible for the establishment of service connections for the office facility, and for the abandonment of any existing service lines that will not be utilized. The applicant shall also be responsible for the installation of additional water mains through to the project to provide for fire protection. Any dead end water mains shall terminate with a fire hydrant. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at Trust Storage – PFP, CUP (H-2017-0082) PAGE 20 EXHIBIT A (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash Trust Storage – PFP, CUP (H-2017-0082) PAGE 21 EXHIBIT A deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comment on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. REPUBLIC SERVICES 5.1 No comments were received from Republic Services on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 1. Construct 5-foot wide concrete sidewalk abutting the site where it does not currently exist. The sidewalk should be located 41-feet from centerline on Locust Grove Road. Provide a permanent right-of-way easement for detached sidewalks located outside of the dedicated right-of-way 2. Dedicate right-of-way on Locust Grove Road at the site’s north property line to total 54-feet from centerline, tapering to 49-feet from centerline. 3. Widen the pavement on Locust Grove Road to a minimum of 17-feet from centerline plus a 3- foot gravel shoulder adjacent to the site where it does not already exist. 4. Replace any deteriorated or deficient curb, gutter or sidewalk abutting the site. 5. Obtain approval from the ACHD pavement cut committee for all cuts made to Locust Grove Road. 6. Construct 5-foot wide concrete sidewalk along Puffin Street abutting the site. 7. Construct a 20-foot wide curb cut type driveway on Puffin Street at the eastern property line to serve as an irrigation access road for Hunter Lateral. Pave the driveway its full width and a minimum of 30-feet into the site. 8. Provided a minimum of 50-feet from the near edge of the intersection and a turnaround for all gated access points to Puffin Street and Locust Grove Road. 9. Locust Grove Road is classified as a minor arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat Trust Storage – PFP, CUP (H-2017-0082) PAGE 22 EXHIBIT A 10. Payment of impacts fees are due prior to issuance of a building permit. 11. Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 1. All proposed irrigation facilities shall be located outside of the ACHD right -of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Trust Storage – PFP, CUP (H-2017-0082) PAGE 23 EXHIBIT A C. Required Findings from Unified Development Code 1. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regards to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. The Council considered all public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff and Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any significant natural, scenic or historic features that exist on this site. 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dim Council finds that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the C-C zoning district and self-service storage facility specific Trust Storage – PFP, CUP (H-2017-0082) PAGE 24 EXHIBIT A use standards if the submitted plans are amended as recommended by staff and the Commission. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed self-service facility in the C-C zone meets the objectives of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that the proposed self-service storage facility is compatible with other uses in the general area and will not adversely change the character of the area if the applicant complies with the site and the design modifications recommended by staff and the Commission. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council recognizes the fact that traffic and noise will increase with the approval of this development; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Trust Storage – PFP, CUP (H-2017-0082) PAGE 21 EXHIBIT A The Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The he Council referenced all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff and the Commission are unaware. Trust Storage – PFP, CUP (H-2017-0082) PAGE 22 Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 7H PROJECT NUMBER: ITEM TITLE: Professional Services Agreement for Meridian Anti -Drug Coalition Strategic Prevention Framework State Incentive Grant MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR MERIDIAN ANTI-DRUG COALITION STRATEGIC PREVENTION FRAMEWORK STATE INCENTIVE GRANT (SPF/SIG) PROGRAM EVALUATION SERVICES This AGREEMENT FOR PROFESSIONAL SERVICES is made this 1st day of July , 2017 ("Effective Date"), and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Bethany Gadzinski, an individual (Contractor"). WHEREAS, City, by and through the Meridian Anti -Drug Coalition ("MADC"), has received a Strategic Prevention Framework State Incentive Grant ("SPF/SIG") from the Idaho Office of Drug Policy; WHEREAS, MADC has invested SPF/SIG monies in programs that seek to reduce substance abuse among youth and adults by addressing the factors in our community that increase the risk of substance abuse and promoting the factors that minimize the risk of substance abuse; WHEREAS, the SPF/SIG requires evaluation of the outcomes of such programming, and Contractor is specially trained, experienced, and competent to provide, and has agreed to provide, such evaluation services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: I. TERMS AND CONDITIONS A. Scope of Services. 1. Contractor shall perform and furnish to City, upon execution of this Agreement, services described as attached hereto as Exhibit A. 2. Contractor shall provide services and work under this Agreement consistent with the SPF/SIG requirements and any other applicable standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. Contractor represents and warrants that she will perform her work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. B. Consideration. City shall pay Contractor for services rendered in the form of a firm fixed amount, divided into monthly payments, through the completion and delivery of evaluation of SPF/SIG programs and surveys throughout the grant year. The amount paid by City to Contractor under this Agreement shall not exceed seven thousand, five hundred dollars ($7,500.00). To receive payment, Contractor shall provide a written, itemized invoice to the Meridian Police Department certifying Contractor's delivery of the specified evaluation PROFESSIONAL SERVICES AGREEMENT - EVALUATION OF MADC PROGRAM PAGE I Of 8 work. Following verification of such delivery and conformance by the Meridian Police Department, City shall pay Contractor within thirty (30) days of receipt of such invoice. Contractor shall submit the final invoice to City no later than thirty (30) days after the expiration or termination of this Agreement. Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including, but not limited to: meals, lodging, or transportation. Further, without limitation, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. C. Time of performance. 1. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on May 1, 2018, unless earlier terminated or mutually extended by separate written agreement. 2. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. D. Independent contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee or agent of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. E. Indemnification and insurance. 1. Contractor shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses and other costs including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Contractor and/or Contractor's officers, employs, agents, representatives and/or subcontractors and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property and not caused by or arising out of the tortious conduct of City or its employees. PROFESSIONAL SERVICES. AGREEMENT—EVALUATION OF MADC PROGRAM PAGE 2 of 8 2. Contractor shall not be required by this Agreement to obtain worker's compensation insurance because she is acting as a sole practitioner; however, should Contractor, in the course of work related to this Agreement, employ any person, Contractor shall notify City and shall obtain Worker's Compensation Insurance in the statutory limits as required by law. C. Notices. Any and all notices, invoices, and/or reports required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: Kendall Nagy Bethany Gadzinski Meridian Police Department 2633 West Piazza Drive 1401 E. Watertower Street Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. D. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. E. Assignment. It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate, sell, or subcontract any of her rights or obligations under this Agreement except upon the prior express written consent of City. F. Discrimination prohibited. In performing the services required hereunder, Contractor shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. G. Reports and information. At such times and in such forms as City may require, there shall be furnished to City such statements, records, reports, data and information as City may request pertaining to matters covered by this Agreement. H. Audits and inspections. At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor shall permit City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. I. Publication, reproduction and use of material. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other PROFESSIONAL SERVICES AGREEMENT— EVALUATION OF MADC PROGRAM PAGE 3 of 8 country. City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. J. Compliance with laws. In performing the scope of services required hereunder, Contractor shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments. K. Termination: 1. Grounds for termination of this Agreement shall include, but shall not be limited to: a. Any act or omission by Contractor and/or her officers, employees, or agents, by which Contractor fails to fulfill in a timely and proper manner her obligations under this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract. b. A determination by the Meridian City Council that termination of this Agreement is in the best interest of City. c. An act or omission by either party which breaches any term of this Agreement. d. An act of nature, loss of grant funding, or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. e. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Either party may terminate this Agreement by providing written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A seven (7) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon mailing of written notice of termination. 3. In the event of any termination of this Agreement for any reason and/or by either party, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreement shall become City's property, and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, not to exceed the maximum amount set forth herein. 4. Notwithstanding the above or any other provision of this Agreement, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contractor, and City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount of damages due City from Contractor is determined. This provision shall survive the termination of this agreement and shall not relieve Contractor of her liability to City for damages. L. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part PROFESSIONAL SERVICES AGREEMENT —EVALUATION OF MADC PROGRAM PAGE 4 of 8 of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. M. Advice of attorney. Each patty warrants and represents that in executing this Agreement, it has received independent legal advice from its respective attorney and/or has received the opportunity to seek such advice. N. Non -waiver. Failure of either party to promptly enforce the strict performative of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either patty becomes entitled to the benefit thereof, notwithstanding delay in enforcement. O. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. P. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. Q. Approval required. This Agreement shall not become effective or binding until approved by the governing body of City. CONTRACTOR: BY: CITY OF MERIDIAN: BY: Tammy de6 11 rd, Mayor �Wily of w E IDIAN*r. IDAHO 11/ SEAL Attest; °�rhf C. Jay oles, Uy Cleric PROFESSIONAL SERVICEs AGREEMENT—EVALUATION of MADC'PROGRAM PAGES Of 8 EXHIBIT A SCOPE OF SERVICES E. EVALUATION El. Tool The type of data that will be collected to measure the effectiveness of the strategies and activities of the 12 Month Coalition Action Plan. The project evaluation for MADC is broken down into Coalition Process Evaluation and Program/Objective Outcome Evaluation. Outcome data is collected utilizing already existing surveys/data tools and measures changes in the usage and perception of participants that is consistent with the goals of the project. The environmental scan of existing policies, community attitudes, behaviors, perceptions to identify gaps in the current prevention system in Meridian is completed yearly and will be continually updated to provide current data that MADC can base changes in our yearly action plan on. Coalition Process data is collected utilizing key informant interviews, brief individual telephone interviews/group interviews or written surveys, attendance lists, meeting minutes, and bi-yearly Kaizen assessments. The sole purpose of the project evaluation is to answer two questions: (1) Are the efforts of MADC reducing substance abuse among youth and, over time, among adults and (2) are the efforts of MADC establishing and strengthening collaboration among our communities, private nonprofit agencies, and federal, state, local, and tribal governments to support the efforts of our coalition to prevent and reduce substance abuse among youth. Evaluating our Environmental Change Strategies: Environmental change strategies have specific advantages over strategies that focus exclusively on the individual. Because they target a much broader audience, they have the potential to produce widespread changes in behavior at the population -level. When implemented effectively, they can create shifts in both individual attitudes and community norms that can have long-term, substantial effects: a more cost-effective solution. Ideally, the most effective prevention approaches, such as those described in our action plan, are those that include a blend of environmental strategies that align with and reinforce prevention strategies directed at individuals. But evaluating the success of environmental change strategies can be challenging; it requires a shift in thinking—from the individual as the unit of analysis to the population. We have selected the CDC developed CHANGE tool to conduct our evaluation of the environmental change strategies we deploy. Our Process Evaluation: Our process evaluation looks at how well we are developing as a coalition. It helps us determine the degree to which members are actively involved in all aspects of the coalition. Our methods for collecting process data include interviews and bi-annual coalition process assessments utilizing the Kaizen assessment tool. Outcome Evaluation: Our outcome evaluation measures the results of the program's we support, determining whether a program or strategy produced the desired changes it intended to achieve. We utilize the following tools in evaluating program outcomes: ➢ DFC Support Program Evaluation of Core Measures Survey PROFESSIONAL SERVICES AGREEMENT— EVALUATION OF MADC PROGRAM PAGE 6 of 8 ➢ MADC Community Assessment— as part of MADC's Drug Free Communities grant, a city level environmental scan is conducted every other year. ➢ IDHS Region 4 assessment —this assessment is conducted by Idaho's Single State Authority each year to determine prevention program funding ➢ Drug Take Back Survey — This is a voluntary survey given to community members dropping off their prescription medications at the twice annual DEA sponsored Take -Back event. ➢ Local school incident report data ➢ Local police data How the coalition will measure and analyze the data collected. The evaluation methodology framework will be a Community -Based Participatory model (CBPR). This model was chosen because it fully includes stakeholders. Most methodologies that use stakeholder input have an advisory committee who "blesses" the evaluation. In CBPR, stakeholders actually help design and interpret the evaluation. The CBPR is particularly appropriate for the community coalition movement. Participants in the CBPR are co -collaborators with the professional evaluator. The Kellogg Foundation defines CBPR as a collaborative approach to research that equitably involves all partners in the research process and recognizes the unique strengths that each brings. CBPR begins with a research topic of importance to the community, has the aim of combining knowledge with action and achieving social change to improve health outcomes and eliminate health disparities. Because the Coalition understands we do not have all the experience and capability needed to lead and update a CBPR evaluation for our local needs and coalition process assessment, both the outcome and process evaluation will be led by contracted evaluator Bethany Gadzinski. As the former States Single State Authority Director for Substance Abuse Prevention and Treatment, Ms. Gadzinski has access to a multitude of State, Regional and local data bases. Ms. Gadzinski has been collecting, analyzing and reporting local and State project evaluation data for the past 12 years. Ms. Gadzinski, will collect all data from individual programs. Each program will assign unique identifiers to preserve program participant confidentiality; the identity of program participants cannot be determined by any of the records or notations retained on file. Participation is strictly voluntary. Program participants will always be informed of the purpose of the evaluation and will be advised that their participation or lack thereof does not affect program eligibility or participation. When necessary, data collection will be conducted in the native language of the client. In addition, data reports will segregate data by cultural factors including age, gender, sexual orientation, race and ethnicity to address culturally appropriate data collection issues and compare data to the aggregate client population. Data changes will be tracked and reported using an Access data base that can be interfaced with SPSS software. The data will be used at two levels. First, it will be used as a means of evaluating coalition project activities. The data can provide information needed to either focus or redirect activities at the community level. Second, the data will be an additional input for the evaluation team. Members of the team can use the data to more closely evaluate the Meridian community. Additionally, the evaluation team will use the data to refine its assessment of needs and gaps. E2. Barriers Describe, citing specific examples, barriers and challenges to data collection and evaluation and your plans to overcome them. PROFESSIONAL SERVICES AGREEMENT — EVALUATION OF MADC PROGRAM PAGE 7 of 8 Anticipating and handling potential barriers to the success of our evaluation is an important component in the evaluation process. A number of factors may influence the direction and/or success of our evaluation. Listed below are categories of factors that may influence our evaluation. Funding. Funding is typically the barrier most frequently experienced when conducting a comprehensive evaluation of a program. Evaluation requires substantial resources, and program coordinators frequently place higher priority on meeting service needs than on evaluation. Funding agencies contribute to this situation if they require evaluation without specifying the level at which it is to be done or do not allocate adequate resources for both service delivery and evaluation. To overcome this barrier we have requested the maximum amount of local evaluation funding allowed under this grant — 9%. Evaluation expertise. Contracting with an external evaluator requires a greater commitment of program funds but provides access to a higher level of expertise than is likely to be found among program coordinators or staff. To overcome this barrier we have selected to contract with an experienced local evaluator. Interference with program/school activities. There is a concern that the time required for evaluation activities adds to the workload of the person collecting the data and, in the case of the student survey, adds to an already overloaded school year. We plan to overcome this barrier by continuing the long standing dialogue with the school system and using only one, short and concise evaluation tool for prevention programs. PROFESSIONAL SERVICES AGREEMENT—EVALUATION OF MADC PROGRAM PAGE 8 of 8 Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 71 PROJECT NUMBER: ITEM TITLE: Professional Services Agreement for Policy and Advocacy Consultant Services for MADC MEETING NOTES F Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR POLICY AND ADVOCACY CONSULTANT SERVICES FOR MERIDIAN ANTI-DRUG COALITION �o G�- This FIRST AMENTMENT TO PROFESSIONAL SERVICES AGREEMENT FOR POLICY AND ADVOCACY CONSULTANT SERVICES FOR MERIDIAN ANTI-DRUG COALITION is made this < day of Sej�efnber, 2017 ("Effective Date"), and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Monte Stiles, LLC, a limited liability company organized under the laws of the state of Idaho ("Contractor"). WHEREAS, on June 23, 2015, City, by and through the Meridian Anti -Drug Coalition ("MADC"), and Contractor entered into a Professional Services Agreement for Policy and Advocacy Consultant Services for Meridian Anti -Drug Coalition ("June 23, 2015 Agreement"), regarding services provided pursuant to a Strategic Prevention Framework State Incentive Grant ("SPF/SIG") from the Idaho Office of Drug Policy; and WHEREAS, the Idaho Office of Drug Policy's fiscal year ends on June 30, 2018; NOW, THEREFORE, in consideration of the mutual promises, covenants, terins and conditions contained hereinafter and in the June 23, 2015 Agreement, the parties agree as follows: I. Provision modified — Consideration. Section I.B.2 of the June 23, 2015 Agreement shall be amended to read as follows: 2. To receive payment for services rendered, Contractor shall provide a written, itemized' invoice to the Meridian Police Department certifying Contractor's completion of the specified work. Following verification of such delivery and conformance by the Meridian Police Department, City shall pay Contractor within thirty (30) days of receipt of such invoice. Contractor shall submit the final invoice to City no later than thirty (30) daysrip or to the expiration or termination of this Agreement. II. Provision modified — Time of performance. Section I.C.l of the June 23, 2015 Agreement shall be amended to read as follows: 1. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on June 30, 2018, unless earlier terminated or mutually extended by separate written agreement. III. All other provisions in effect. Except as expressly modified by this First Amendment or other duly executed addenda, all provisions of the June 24, 2014 Agreement shall remain in full force and effect. No other understanding, whether oral FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT —POLICY/ADVOCACY CONSULTATION PAGE 1 of 2 I, or written, shall be deemed to enlarge, limit or otherwise affect the operation of the June 23, 2015 Agreement or this First. Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written, CJ tiles, ity Clerk FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT -- POLICY/ADVOCACY CONSULTATION PAGE 2 of 2 S AGREEMENT R PLICY AND PROFESSIONAL SERVICES FOR MERIDIAN ANTI-DRUG COALITION ADVOCACY CONSULTANT SER This PROFESSIONAL SERVICES AGREEMENT FOR POLICY AND ADVOCACY CONSULTANT SERVICES FOR MERIDIAN ANTI-DRUG COALITION is made this�k-13 day of _T , Y., Q 2015 ("Effective Date"), and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Monte Stiles, LLC, a limited liability company organized under the laws of the state of Idaho ("Contractor"). WHEREAS, City, by and through the Meridian Anti -Drug Coalition ("MADC"), has received a Strategic Prevention Framework State Incentive Grant ("SPF/SIG") from the Idaho Office of Drug Policy; WHEREAS, MADC has invested SPFISIG monies in programs that seek to reduce substance abuse among youth and adults by, among other things, advocating for local and state policy and legislative changes to address substance abuse prevention, community drug education and treatment; WHEREAS, Contractor is specially trained, experienced, and competent to provide, and has agreed to provide, services related to developing advocacy strategies and leading MADC in strategic thinking to empower MADC to effect such change; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: I. TERMS AND CONDITIONS A. Scope of Services. 1. Contractor shall perform and furnish to City, on behalf of MADC, at least ten (t 0) hours of work monthly, or as requested by MADC, to include the following services: a. Serve as a speaker, Trainer, facilitator, and/or panel member for community drug education events, including training at monthly coalition meetings, b. Research and track local and national developments, policies, and legislation that impact or may impact substance abuse prevention, education, and treatment. c. Identify relevant voter initiatives and legislative proposals, and effectively describe to MADC the concerns of drug prevention to which they relate. d. Provide technical assistance and training to assist MADC membership, community partners and others in organizing advocacy efforts related to substance abuse prevention and treatment. e. Communicate relevant information to MADC membership, through email messages, memos, and trainings. f. Provide expertise and experience regarding effective community drug education programs. g. Provide information for the MADC website, and social media, to include relevant PROFESSIONAL SERVICES AGREEMENT-POLICY/ADVOCACY CONSULTATION PAGE 1 Of 6 facts and resources relating to substance abuse prevention, education and treatment. h. Provide information to MADC membership and the general public regarding drug trends. i. Prepare and/or identify documents that can be used by coalition members to educate the community. j. Represent MADC at local, state and national conferences. 2. Contractor shall provide services and work under this Agreement consistent with the SPF/SIG requirements and any other applicable standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. Contractor represents and warrants that he will perform all work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. B. Consideration. 1. City shall pay Contractor for services rendered in the amount of one hundred and twenty-five dollars per hour ($125/hour), and for travel expenses up to five thousand dollars ($5,000) annually. Payment to Contractor under this Agreement shall not exceed fifteen thousand dollars ($15,000) annually. 2. To receive payment for services rendered, Contractor shall provide a written, itemized invoice to the Meridian Police Department certifying Contractor's completion of the specified work. Following verification of such delivery and conformance by the Meridian Police Department, City shall pay Contractor within thirty (30) days of receipt of such invoice. Contractor shall submit the final invoice to City no later than thirty (30) days after the expiration or termination of this Agreement. 3. City shall reimburse Contractor for travel expenses where such travel is related to services rendered under this Agreement, including, but not limited to, costs related to Contractor's event registration fees, air or ground travel, baggage check or carry -on fees, tips, ground transportation, rental car, lodging, and meals. City shall not pay for travel upgrades, phone calls, internet usage, entertainment, alcoholic beverages, laundry services, valet, banking or ATM fees, or expenses paid on behalf of others, including family members. All travel must be pre -approved by City and must be undertaken via the most economical means practical. Following approved travel, Contractor shall submit an invoice, with an itemized travel expense report and receipts, to the Meridian Police Department within fourteen (14) days of travel. Following verification of such delivery and conformance by the Meridian Police Department, City shall pay Contractor within thirty (30) days of receipt of such invoice. Contractor shall submit the final invoice to City no later than thirty (30) days after the expiration or termination of this Agreement. PROFESSIONAL SERVICfts AGItEFMENT—PoiICI'/ADVOCACY CONSULTATION PAGE 2 of 6 4. Contractor shall not be entitled to receive from City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement. Further, without limitation, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. C. Time of performance. 1. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on July 31, 2018, unless earlier terminated or mutually extended by separate written agreement. 2. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. D. Independent contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee or agent of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. E. Indemnification and insurance. 1. Contractor shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses and other costs including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Contractor and/or Contractor's officers, employs, agents, representatives and/or subcontractors and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property and not caused by or arising out of the tortious conduct of City or its employees. 2. Contractor shall not be required by this Agreement to obtain worker's compensation insurance because Contractor is acting as a sole practitioner; however, should Contractor, in the course of work related to this Agreement, employ any person, Contractor shall notify City and shall obtain Worker's Compensation Insurance in the statutory limits as required by law. PROFESSIONAL SERVICES AGREF.MNN'I'— POLICY/ADVOCACY CONSULTATION PAGE 3 of 6 C. Notices. Any and all notices, invoices, and/or reports required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows; Lt. Scott Colaiazuli Monte Stiles, LLC Meridian Police Department 3671 Daisy Way 1401 E. Watertower Street Boise, Idaho 83709 Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. D. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. E. Assignment. It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate, sell, or subcontract any of Contractor's rights or obligations under this Agreement except upon the prior express written consent of City. F. Discrimination prohibited. in performing the services required hereunder, Contractor shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. G. Reports and information. At such times and in such forms as City may require, there shall be furnished to City such statements, records, reports, data and information as City may request pertaining to matters covered by this Agreement. H. Audits and inspections. At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor shall permit City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. t. Publication, reproduction and use of material. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. PROFESSIONAL SERVICES AGREEMENT — POLICY/ADVOCACY CONSULTATION PAGE 4 of 6 J. Compliance with laws. In performing the scope of services required hereunder, Contractor shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments. K. Termination: 1. Grounds for termination of this Agreement shall include, but shall not be limited to: a. Any act or omission by Contractor and/or Contractor's officers, employees, or agents, by which Contractor fails to fulfill in a timely and proper manner Contractor's obligations under this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract. b. A determination by the Meridian City Council that termination of this Agreement is in the best interest of City. c. An act or omission by either party which breaches any term of this Agreement. d. An act of nature, loss of grant funding, or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. e. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Either party may terminate this Agreement by providing written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A seven (7) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon mailing of written notice of termination. 3. In the event of any, termination of this Agreement for any reason and/or by either party, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreement shall become City's property, and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, not to exceed the maximum amount set forth herein. 4. Notwithstanding the above or any other provision of this Agreement, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contractor, and City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount of damages due City from Contractor is determined. This provision shall survive the termination of this agreement and shall not relieve Contractor of liability to City for damages. L. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. PROFESSIONAL SERVICES AGREEMENT— POLICY/ADVOCACY CONSULTATION PAGE 5 of 6 M. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its respective attorney and/or has received the opportunity to seek such advice. N. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. O. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. P. Non -Appropriation. Contractor acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event of termination for non -appropriation of funds, Contractor shall be paid fees and expenses earned up to the date of such termination. Q. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. R. Approval required. This Agreement shall not become effective or binding until approved by the governing body of City. CONTRACTOR: BY: onte Stiles CITY OF MERIDIAN: MM PROCESSIONAL SERVICES AGREEMENT - POLIWADVOCACY CONSULTATION PAGE 6 of 6 Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Memorandum of Understanding for MPD Canine Holding Facility with Blackfoot Police Department MEETING NOTES 01 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS SEP -14-2017 03:10PM FROM-BLACKFOOT POLICE 208-782-0411 T-923 P-002/007 F-763 INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING FOR USE OF MERIDIAN POLICE DEPARTMENT CANINE HOLDING FACILITY This INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING FOR USE OF THE MERIDIAN POLICE DEPARTMENT CANINE HOLDING FACTLITY is made this 9�q day of A,is% -,20-12—, by and between the City of Meridian, Idaho and Iar__i� oGa o1�cc zoo.! .rr., AME OF OVERNMtNCALAGENCY a governmental agency, for the purpose of establishing the mutLwly-understood and agreed rights, responsibilities, and conditions of such govermnental agency's temporary use of the Meridian Police Department Canine Holding Facility. I. RECITALS WHEREAS, the City of Meridian owns and operates the Meridian Police Department Canine Holding Facility for the boarding and care of police dogs; and WHEREAS, the above-mentioned governmental agency has requested that the City of Meridian allow law enforcement officers employed by such agency to use the Meridian Police Department Canine Holding Facility for the boarding and care of its police dog(s) on a temporary basis; and WHEREAS, the City of Meridian has deemed it to be in the interest of its K-9 program to make the Meridian Police Department Canine Holding Facility available to other law enforcement agencies on a temporary basis, without charge and as space allows, so as to foster a spirit of cooperation and support of law enforcement K-9 programs throughout the state of Idaho and elsewhere; NOW THEREFORE, in consideration of the recitals set forth above, and the mutual terms, conditions, and covenants contained herein, the parties agree as follows. IT, DEVINITIONS As used herein, these words shall be defined as follows: A. CITY: The City of Meridian, Idaho, municipal subdivision of the State of Idaho. B. EIFFECTIVE DATE: The date upon which the respective governing bodies of the Parties hereto effectuate this MOU by a duly authorized signatory. C. FACILITY: The Meridian Police Department Canine Holding Facility, owned by the City of Meridian and operated by the Meridian Police Department, and located at 1401 East Watertower Ave., Meridian, Idaho. D. GUEST: The governing board of the governmental agency signatory to this MOU who seeks to temporarily utilize the Facility for temporary boarding of its police dog(s), and each and all of such governing board's agents, elected or appointed officials, employees, volunteers, and/or officers who enter City premises for any purpose, including but not limited to: delivering police dog(s) to and/or removing police dog(s) from Facility; visiting, exercising, MOU VATN GUEST AGENCY FOR USE OF MPD CANTNE FACLUTY PAGL' T OF 6 SEP -14-2017 03:10PM FROM-BLACKFOOT POLICE 208-782-0411 T-923 P.003/007 F-783 feeding, watering, checking on, or caring for Guest's police dog(s) boarded at Facility; and/or entering or touring Facility for informational or educational purposes. E. MOU: The instant Intergovernmental Memorandum of Understanding for Use of Meridian Police Department Canine Holding Facility. F. MPD: The Meridian Police Department of the City of Meridian, Idaho. G. POLICE Doc: A canine owned, trained, and/or utilized by governmental law enforcement agencies for law enforcement purposes, including, but not limited to, patrol, apprehension, search, rescue, explosive, and drug detection. III. MPD's COMMITMENTS A. Reservation of space. MPD shall process requests for temporary boarding and use of the Facility in the order such requests are received. Upon Guest's verbal or written request to MPD for the use of the Facility, and so long as Facility space and MPD staffing resources are available, MPD shall reserve and allow the use of the Facility for the date(s), time($), law enforcement officer(s), and police dog(s) as requested. B_ Temporary access to Facility. The Facility is locked and secured at all times, and access thereto is limited. Pursuant to the terms of this MOU, MPD will provide to Guest means of access to the Facility during the scheduled temporary use of the Facility. C. Facility control and maintenance. At all times, the Facility shall remain under the authority and control of MPD. Decisions regarding staffing, climate control, sanitation, maintenance, and access shall be made solely by MPD. MPD shall meet practicable standards of safety, security, and habitability. D. Boarding, Though Guest shall be required to check on a boarded police dog at the Facility at least twice daily, in Guest's absence and as authorized in advance, designated MPD canine law enforcement officers will feed, water, and exercise a boarded police dog, according to written instructions provided by Guest. E. Obtain necessary veterinary care. If a boarded police dog appears to be ill, injured, or exhibiting any other behavior that would reasonably suggest the dog may need medical treatment, MPD shall seek necessary veterinary examination and on behalf of Guest shall authorize and procure any treatment, surgery, medication, quarantine, or hospitalization that may be prescribed to treat the dog. IV. GUEST'S COMMI-'MI;NTS A. Procedures. Guest shall follow MPD procedures, policies, and protocols regarding use of the Facility at all times. B. Access. Guest's authority to access MPD and/or Facility shall be limited to the duration and Scope of each scheduled temporary use. Upon Guest's departure from Facility, following each and every scheduled temporary use of Facility, Guest shall return to City any and all MOU WITH GUEST AGENCY fop, USE Or MPD CANINE FACILITY PAGE 2 of 6 SEP -14-2017 03:11PM FROM-BLACKFOOT POLICE 208-782-0411 T-923 P.004/007 F-763 temporary badge(s), key(s), prox card(s), and/or other means of access to Facility. Guest's authority to access Facility is specific to the person(s) enumerated for each scheduled temporary use and shall be nontransferable. Guest shall not share access codes, badges, keys, prox cards and/or other means of access to Facility with any other person without City's prior written consent. Guest shall notify City immediately upon Guest's discovery of any loss, theft, or destruction of any code, badge, key, prox card, granted to Guest by MPD. C. Twice daily presence at Facility. Guest shall ensure that its law enforcement officer physically appears at Facility at least twice on each and every day that Guest's police dog is boarded at the Facility, for the purpose of feeding, watering, and exercising the boarded police dog, unless alternative advance arrangements have been authorized by MPD for designated MPD canine law enforcement officers to feed, water, and exercise the boarded police dog, according to written instructions provided by Guest, D. Health certification. Guest shall comply with all MPD canine health certification requirements as to all boarded police dogs. MPD may cancel a boarding reservation with no prior notice to Guest if Guest's police dog is infected with or has been exposed to rabies, parvovirus, distemper, kennel cough, or other infectious disease or illness within a thirty (30) day period prior to boarding at the Facility. E. Veterinary care authorized. Guest shall, and hereby does, authorize MPD to seek veterinary services, including examination, treatment, surgery, medication, quarantine, or hospitalization that may be necessary to treat the dog. Guest shall reimburse the City of Meridian, the treating veterinarian(s), and/or other service provider(s) for any and all costs related to veterinary care provided. F. Insurance. City shall not provide insurance or benefit coverage of any kind to cover loss, theft, injury, illness, death, or damage to Guest's police dog, agents, employees, or other person or property. Insurance of Guest, Guest's police dog(s), property, and/or interests shall be the sole responsibility of Guest. Guest shall obtain all necessary insurance as may be required in order to protect Guest's insurable interests as may be related to use of the Facility by Guest, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the police dog(s) to be boarded at the Facility. Guest shall bear any and all known and unknown risks of and actual, loss, theft, and/or damage related to use of the Facility by Guest. City may seek reimbursement from Guest for any damage to the Facility caused by Guest and/or Guest's police dog that exceeds reasonable wear and tear. V. GENERAL PROVISIONS A. Assumption of risk. Guest acknowledges that use of the Facility may carry risks of injury to, death of, damage to, and/or loss of Guest's police dog, or to other persons or dogs, some of which risks are unknown, and Guest hereby accepts and assumes all known and unknown risks and hazards related to Guest's use of the Facility. B. Indemnification. In consideration of permission from the City of Meridian to enter and use the Facility, Guest hereby agrees to indemnify, defend, and save and hold harmless the City of Meridian, its employees, agents, officers, volunteers, and guests from and against any and MOU WITH GUEST AGENCY FOR USE OF MPD CANINI: FACILITY PAGC 3 OF 6 SEP -14-2017 03:11PM FROM-BLACKFOOT POLICE 208-782-0411 T-923 P-005/007 F-763 all demands, suits, actions, claims, losses, judgments, damages, expenses, or costs, whether or not meritorious, including, without limitation, attorneys' or other professional fees, in conjunction with any injury, death, or damage to Guest's police dog boarded at Facility, to other police dogs boarded at Facility, and to other persons or property, arising out of, relating to, or caused or incurred by Guest and/or Guest's police dog, except for those resulting solely from the tortious conduct of City or City's agents or employees. C. Release of liability. Guest forever waives and releases, on behalf of the Guest and the agents, employees, heirs, executors, administrators, assigns, and/or personal representatives thereof, any and all claims and/or rights for damages that Guest or such other persons or entities now have or may have hereafter have against the City of Meridian and/or its employees, agents, officials, officers, volunteers, and guests, suffered in connection with or arising out of the use of the Facility. D. Term of MOU. Unless earlier terminated by either Party or modified in writing by both Parties, this MOU and all terms and conditions hereof shall be in effect for a term of one (1) year from the Effective Date, and shall renew automatically on an annual basis. E. Termination for cause. If City determines that Guest has failed to comply with any term or condition of this MOU, violated any covenant, agreement, and/or stipulation of this MOU, or engaged in any other act of misconduct in the performance of this MOU; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this MOU; the other Parry shall have the right to terminate this MOU by giving written notice to the defaulting parry of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this MOU shall be terminated upon mailing of written notice of such termination by the terminating party in the manner established herein. This provision shall not impede the right of City to immediately eject Guest or Guest's police dog(s) from the Facility, and/or bar Guest or Guest's police dog(s) from further use of Facility, with no prior notice to Guest, where such ejection and/or bar is deemed by City to be in the best interest of City and/or MPD. Guest shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this MOU or by other cause precipitated by Guest and/or Guest's police dog(s). This provision shall survive the termination of this MOU. F. Termination without cause. Either party may terminate this MOU for any reason at any time by giving at least seven (7) days written notice to the other party in the matter established herein. G. Non -waiver. A waiver of any breach or default of any provision of this MOU shall not be construed as a waiver of a breach of the same or any other provision hereof. H. Relationship of Parties. It is the express intention of the parties hereto that Guest is, and at all times relevant hereunder shall be, an independent parry and not an employee, agent, joint venturer, or partner of City. Nothing in this MOU shall be interpreted or construed as creating or establishing the relationship of employer and employee between City and Guest or between City and any official, agent, or employee of Guest. MOU WITH GUEST AGENCY FOR USE of MPD CANINE FACILITY PAGE 4 OF 6 SEP -14-2017 03:11PM FROM-BLACKFOOT POLICE 208-782-0411 T-923 P.006/007 F-763 I. Compliance with laws. In the performance of this MOU, Guest shall comply with any and all applicable federal, state, and local laws. J. Entire agreement. This MOU constitutes the entire understanding between the Parties. This MOU supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this MOU may not be enlarged, modified or altered except upon written addendum signed by both parties hereto. K. MOU governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this MOU. Venue shall be in the courts of Ada County, Idaho. L. Advice of Attorney. Each party warrants and represents that in executing this MOU, it has received independent legal advice from its respective attorney and/or has received the opportunity to seek such advice. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this MOU is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this MOU shall not be affected. O. Successors and assigns. Except as otherwise specifically established herein, all of the terms, provisions, covenants and conditions of this MOU shall inure to the benefit of, and shall be binding upon, each parry and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this MOU, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Guest: Name: fib. G d ps��e.1 i Title: Pn�rc�\ �o l /%-q lnc..c�lc� Address: Ccn% A; Phone: E-mail: Cites Jeff Lavey, Chief of Police City of Meridian Police Department 1401 E. Watertower Ave. Meridian, Idaho 83642 (208) 888-6678 jlavey@meridiarlcity.org MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 5 OF 6 SEP -14-2017 03,12PM FROM-BLACKFOOT POLICE 208-.782-0411 T-923 P-007/007 F-763 Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. (. Approval required. This N40U shall not become effective until approved by the respective governing bodies of both the City of Meridian and Guest. IN WITNESS WHEREOF, the parties shall cause this MOU to be executed by their duly authorized officers to be effective as of the day and year first above written. GUEST: Signature Print nam Title: Date: CITN BY: Attest MOU WITH GUEST AGENCY FOR USE OP MPD CANINE FACILITY O�QDaPTED AUGUST v r �City of w EIDIAN& -1 11DAHO SEAL 4/ PACE 6 or 6 Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 7K PROJECT NUMBER: ITEM TITLE: Second Amendment to Subrecipient Agreement Between City of Meridian and Ada County Housing Authority for PY 2016 Community Development Block Grant Funds MEETING NOTES 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS SECOND AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ADA COUNTY HOUSING AUTHORITY FOR PY 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This SECOND AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ADA COUNTY HOUSING AUTHORITY FOR PY 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS is entered into this _,& day of September, 2017 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Ada County Housing Authority, a non-profit corporation established under the laws of the state of Idaho ("Subrecipient"). WHEREAS, on March 1, 2017, City and Subrecipient entered into a Subrecipient Agreement Between City of Meridian and Ada County Housing Authority for PY2016 Community Development Block Grant Funds ("March 1, 2017 Agreement"), a cooperative agreement for the investment of Community Development Block Grant ("CDBG") funds from Program Year 2016 (PY16); and WHEREAS, Subrecipient needs more time to complete the activities funded by CDBG funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties contained herein and in the March 1, 2017 Agreement, the Parties agree as follows: I. Provision modified — Activities. Section LA of the March 1, 2017 Agreement shall be amended to read as follows: A. A. Activities. Subrecipient shall use City's PY16 CDBG funds in the amount of thirty five thousand dollars ($35,000) to provide direct homeownership assistance to help low/moderate income ("LMI") persons purchase homes. Specifically, Subrecipient shall undertake the following activities: 1. Subsidize mortgage principal amounts; 2. Pay any or all of the reasonable closing costs; and 3. Pay up to 50% of the down payment required by the mortgagee. II. Provision modified — Budget. Section II.B.I of the March 1, 2017 Agreement shall be amended to read as follows: 1. Budget. Subrecipient agrees that it shall use City's PY16 CDBG funds in the amount of thirty five thousand dollars ($35,000) to provide direct homeownership assistance to LMI persons. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. III.Provision modified — Draw Requests. Section II.C.5 of the March 1, 2017 Agreement shall be amended to read as follows: C. Draw Requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $35,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be SECOND AMENDMENT TO PY16 SUBRECIPIENT AGREEMENT- ADA COUNTY HOUSING AUTHORITY PAGE 1 OF 2 submitted as needed, but no more than one per month and in coordination with the CDBG Administrator. Draw requests shall include the following; draw request form; progress report; beneficiary income eligibility docutnentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than March 15, 2018 unless otherwise agreed in writing. IV. All other provisions in effect. Except as expressly modified by this Second Amendment or other duly executed addenda, all provisions of the March 1, 2017 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the March 1, 2017 Agreement or this Second Amendment thereto. IN WITNESS WHERE, OF, the parties shall cause this Second Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Ada County Housing Authority By: beanna Watson, Executive Director CITY: City of Meridian By: Tammy eerd, Mayor Cit of W C-�►'1 E i IDIgN� i 41AI m SEAL Attest: 0 the TREASV�� Qy Jay CcUs, City Clerk SECOND AMENDMENT TO PY16 SUBRECIPIENT AGRmMENT ---ADA COUNTY HOUSING AUTHORITY PAGE 2 Or 2 Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Second Addendum To Purchase Agreement For Fabrication And Installation Of Vinyl Traffic Box Wraps MEETING NOTES rte✓ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS SECOND ADDENDUM TO PURCHASE AGRE EMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS This SECOND ADDENDUM TO PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS ("First Addendum") is made this day of October., 2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Bryant Ideas of Idaho, a general corporation registered with the State of Idaho, whose address is 149 S, Adkins Way, Meridian, Idaho ("Vendor"), WHEREAS, City and Vendor entered into a Purchase Agreement for Fabrication and Installation of Vinyl Traffic Box Wraps on July 215 2015 ("July 21, 2015 Agreement"); and t WHEREAS, the City desires to continue utilizing Vendor's services for traffic box vinyl wrap fabrication and installation, under the terms set forth in the July 21, 2015 Agreement; NOW, I ITIEREFORE, 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: 1. Tri Rm. The term of the July 21, 2015 Agreement shall be extended through July 20, 2018, 11. jum, 21, 2015 AGREEWNT FULLY IN EFj F.CT. The intent and effect of this Second Addendum is to extend th-e term of the July 21, 2015 Agreement. Except as expressly set, forth herein-, this Addendum does not other -wise modify or alter any term or condition of the July 21, 2015 Agreement in any way. The July 21, 2015 Agreement remains in Rill effect, and all terms and conditions thereof are incorporated in this First Addendum as though fully set forth herein, IN WITNESS WHEREOF, the panics hereto have executed this Agreement on the day of October, 2017. H61ly Tchoski, President Bryant Ideas of Idaho, Inc. 0?1p,TE0 AUQ 01�), 0 'jQ00' 0 CITY OF MERIDIAN: V City of 4r ID IAD IDAHO Tammy d cid,N[ayor SEAL st: C.ay Cols City.lone SECOND ADDENDUM TO PURCHASE AGRFENIENT FOR FABRICATION AND INSTALLATION OF VINYLTRAFFic Box WRAPS PAGE 1 of I Meridian City Council Meeting DATE: October 3, 2017 ITEM TITLE: ITEM NUMBER: 7M PROJECT NUMBER: Valley Regional Transit FY2018 Cooperative Agreement MEETING NOTES F Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND CITY OF MERIDIAN FOR ANNUAL ASSESSMENT AND SERVICE CONTRIBUTION TPIS COOPERATIVE AGREEMENT ("Agreement') is entered into this L- day of 20/7 by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code ("VRT"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("Member") RECITALS a. VRT is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter 21, Title 40, Idaho Code, and as a result of November 3, 1998 public referendum. VRT provides publicly funded or publicly subsidized transportation services and programs in Ada and Canyon Counties. b. Member is a municipal corporation authorized under Chapter I, Title 50, Idaho Code. C. Idaho Code § 40-2109(7) provides that VRT may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or authority of said agencies. d. Idaho Code § 40-2110 provides that counties, cities, highway districts and other governmental entities in the region may enter into cooperative agreements with the regional public transportation authority in order to contribute funds from any source in recognition of costs of the authority. e. There are two primary programs which VRT budgets and funds each year. First, VRT budgets and establishes annual assessments for its regular and special members, with assessments for its regular members calculated pursuant to a population based formula, and assessments for its special members calculated pursuant to a negotiated amount. Second, VRT budgets and establishes service contribution requirements to support the operation of motor bus services within the Nampa Urbanized Area and the Boise Urbanized Area. f VRT has budgeted $210,938 for Member to contribute for its annual assessment and service contribution; Member has budgeted the same amount for its VRT annual assessment and service contribution. g. Service contributions support the following modes: 1) Nampa Express Service (Routes 40): Operates between Nampa and Boise making a limited number of designated stops in, Nampa, Meridian, and Boise. The service operates Monday thru Page 1 of 4 Friday from 5:20 A.M. to 6:30 P.M. The service generally utilizes 40' buses with 38 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 2) Nampa Limited Stop Service (Route 42): Operates between Nampa and Boise making several designated stops in Nampa, Meridian, and Boise. The service operates Monday thru Friday from 6:30 A.M. to 7:30 P.M. The service generally utilizes 28 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 3) Additional Meridian service is composed of Harvest Transit Service and supportive transportation services for Meridian seniors and citizens with disabilities utilizing Dial -A -Ride. VRT will bill the City of Meridian for up to $69,000 and $16,000 for the two services, respectively. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Section 1. Term This Agreement shall be in effect from the I" day of October, 2017, and will terminate on the 30'" day of September, 2018, unless earlier terminated pursuant the mutual written agreement of the parties hereto. Section 2. Purpose The purpose of this Agreement is: (a) For Member to pay annual assessment and a service contribution to VRT for Fiscal Year 2018 in the amount of $125,938 in contribution to the costs of VRT and in support of transportation services within the Boise Urbanized Area and the Nampa Urbanized Area. (b) For Member to pay for additional transportation services within the City of Meridian to support the Older Adults and Persons with Disabilities Program. The costs of these additional services will include up to $69,000 for Harvest Transit Service and $16,000 for Senior Transportation — Dial -A -Ride. (c) For VRT to use said annual assessment for costs budgeted under its regional planning and program administration, and to use said service contribution for costs budgeted under its regional operating plan. Section 3. Compliance VRT, in using said assessment and service contributions, shall comply with all conditions required by applicable federal, state and local laws and regulations, and shall maintain, in accordance with generally accepted accounting practices and principles, records and books of account regarding said dues and operating costs. Section 4. Payment (a) Member shall pay its annual assessment and service contribution up to the aforesaid amount of $210,938 for dues, service contribution and the fixed portion additional supportive Page 2 of 4 transportation within 30 days of invoice to VRT at the following address, unless Member is notified in writing by VRT of a new address: Valley Regional Transit 700 NE 2nd St Suite 100 Meridian, Idaho 83642 (b) Member's address, for the purpose of notice or correspondence, unless VRT is notified in writing by Member of a new address, is as follows: City of Meridian 33 E. Broadway Meridian, Idaho 83642 Section 5. Miscellaneous (a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body, and is fully vested with the authority to bind such party in all respects. (b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties, and shall survive the severed provisions. (c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between VRT and Member concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. (d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. (e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. (f) This Agreement shall be binding on the parties hereto, and their successors and assigns Section 6. Indemnification To the extent permissible by law, VRT shall indemnify, defend, protect and hold harmless Member, and it's officers, agents and employees, from and against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever (collectively, "Claims") arising out of or incident to this Agreement, and any renewal or extension thereof, and arising out of or caused by the negligent or intentional acts or omissions of VRT, it's officers, agents and employees, regardless of where the injury, death, or damage may occur, except to the extent any such Claims arise out of or are caused by the negligent or intentional act or omission of Member or it's officers, agents and employees. Member shall give to VRT reasonable notice of any such Claims. VRT shall notify Member of the counsel to be Page 3 of 4 used in carrying out its obligations hereunder. Member must state any reasonable objection that it may have regarding the use of said counsel. The provisions of this section shall be deemed to be a separate contract between the parties and shall survive the expiration or any default, termination or forfeiture of this Agreement, and any renewal or extension thereof. Notwithstanding anything to the contrary in the foregoing, Member's right to indemnification pursuant to the foregoing shall be limited to indemnification for such Claims for which Member incurs actual liability or expense. The foregoing indemnification includes, without limitation, any Claim arising out of or caused by the noncompliance of any services, programs, or activities provided by VRT under this Agreement with all applicable federal, state, and local statutes, regulations, and requirements, including, but not limited to, the Americans with Disabilities Act (ADA). Notwithstanding anything to the contrary in the foregoing, (i) no employee or officer of VRT shall be personally liable to Member under this Agreement, (ii) with respect to third party Claims, both VRT and Member expressly reserve any and all of the privileges and immunities available to them, if any, under Idaho law, and (iii) the agreement of VRT to hold harmless or indemnify Member shall be limited to, and be payable only from, VRT's available insurance or self-insurance coverage for liability assumed by contract available as a pail of its general liability insurance program." EXECUTED and effective as of the date first above written. Valley Regional Transit: City of Meridian: ICelli Badesheim Tammy de Executive Director Mayor Page 4 of 4 Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 7N PROJECT NUMBER: ITEM TITLE: Authorize Purchasing Manager to sign Purchase Order 18-0005 to Goode Motor for Not -to -Exceed amount of $87,862.74. 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: Stacey Pechin, Project Manager – Police Date: 09/28/2017 Re: October 3 rd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 3 rd City Council Consent Agenda for Council’s consideration. Authorize Purchasing Manager to sign Purchase Order 18-0005 to Goode Motor for Not-to-Exceed amount of $87,862.74. Recommended Council Action: Authorize Purchasing Manager to sign Purchase Order 18-0005 to Goode Motor for Not-to-Exceed amount of $87,862.74. 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: GOODE MOTOR FORD, LLC PO. BOX 130 'I096 E, MAIN ST. BURLEY ID 83318 Oescription 2018 Ford Utility Police lnterceptor ltem# F-'l'15 Options State Admin Fee Purchase Order Attention: StaceyPechin IDIAN 101112017 18-0005 Billing Address: Shipping Address: Shipping Method: FOB: Unit Attn: Finance 33 E Broadway Ave Meridian, lD 83642 N4eridian City Police Dept. 1401 Watertower [4eridian, lD 83642 truck destination Quantity Unit Price 26,750.00 2,176.00 361.58 Total a a a E E E 3.00 3.00 3.00 80,250.00 6,528.00 1 ,O84.7 4 $87,862.74 Special lnstructlons 2018ford Utility Police Interceptor x3 per State Contract ,fS8pO16200401 Not_to-Exceed g87,862.74 01-2110_94i00 Case Mgmt57909 Purchase Order Total: Purchasing Manager:_ Goode Motor Ford, LLC 1096 E. Main Street, Burley, Idaho, 833182045 Office: 208-878-5611 Customer Proposal Prepared by: Ron Folkinga Office: (208)420-535-4 Email: ron.folkinga@goodemotor.com Date: 09/13/2017 Vehicle: 2018 Police Interceptor Utility Base AWD 1 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: Ron Folkinga Date: 09/13/2017 Goode Motor Ford, LLC 1096 E. Main Street, Burley, Idaho, 833182045 Office: 208-878-5611 2018 Police Interceptor Utility, Sport Utility AWD Base(K8A) Price Level: 815 Code Description Invoice Base Vehicle K8A Base Vehicle Price (K8A)$31,189.00 Packages 500A Order Code 500A N/C Includes: - Engine: 3.7L V6 Ti-VCT FFV - Transmission: 6-Speed Automatic - 3.65 Axle Ratio - GVWR: 6,300 lbs - Tires: P245/55R18 AS BSW - Wheels: 18" x 8" 5-Spoke Painted Black Steel Includes center caps and full size spare. - Radio: MyFord AM/FM/CD/MP3 Capable Includes clock, 6 speakers and 4.2" color LCD screen center-stack Smart Display. Powertrain 99R Engine: 3.7L V6 Ti-VCT FFV Included 44C Transmission: 6-Speed Automatic Included STDAX 3.65 Axle Ratio Included STDGV GVWR: 6,300 lbs Included Wheels & Tires STDTR Tires: P245/55R18 AS BSW Included STDWL Wheels: 18" x 8" 5-Spoke Painted Black Steel Included Includes center caps and full size spare. Seats & Seat Trim F Unique HD Cloth Front Bucket Seats w/Cloth Rear Included Includes driver 6-way power track (fore/aft.up/down, tilt with manual recline, 2-way manual lumbar, passenger 2-way manual track (fore/aft. with manual recline) and built-in steel intrusion plates in both front seatbacks. Other Options 113WB 113" Wheelbase STD PAINT Monotone Paint Application STD STDRD Radio: MyFord AM/FM/CD/MP3 Capable Included Includes clock, 6 speakers and 4.2" color LCD screen center-stack Smart Display. 65U Interior Upgrade Package $371.00 Selected Options 2 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: Ron Folkinga Date: 09/13/2017 Goode Motor Ford, LLC 1096 E. Main Street, Burley, Idaho, 833182045 Office: 208-878-5611 2018 Police Interceptor Utility, Sport Utility AWD Base(K8A) Price Level: 815 Code Description Invoice Includes: - 1st & 2nd Row Carpet Floor Covering Includes front and rear floor mats. - Unique HD Cloth Front Bucket Seats w/Cloth Rear Includes driver 6-way power track (fore/aft.up/down, tilt with manual recline, 2-way manual lumbar, passenger 2-way manual track (fore/aft. with manual recline) and built-in steel intrusion plates in both front seatbacks. - Center Floor Console Less Shifter Includes unique police console finish plate, console top plate - finish 3 (including 2 cup holders). - Front Console Plate Delete 66A Front Headlamp Lighting Solution $809.00 Recommend using Cargo Wiring Uplift Package (67G) or Ultimate Wiring Package (67U). Includes base LED low beam/incandescent (halogen) high beam headlamp with high beam wig- wag function and (2) white rectangular LED side warning lights. Wiring and LED lights included. Controller not included. Includes: - Grille LED Lights, Siren & Speaker Pre-Wiring 153 Front License Plate Bracket N/C 43D Dark Car Feature $19.00 Courtesy lamps disabled when any door is opened. 60A Grille LED Lights, Siren & Speaker Pre-Wiring Included 51R Driver Only LED Spot Lamp (Unity)$375.00 87R Rear View Camera N/C Note: This option would replace the camera that comes standard in the 4" center stack area. Camera can only be displayed in the 4" center stack (standard) OR the rear view mirror (87R). Includes: - Electrochromic Rear View Mirror Video is displayed in rear view mirror. 53M SYNC Basic (Voice-Activated Communications System) $280.00 Includes single USB port and single auxiliary audio input jack. 18D Global Lock / Unlock Feature N/C Door-panel switches will lock/unlock all doors and rear liftgate. Eliminates overhead console liftgate unlock switch and 45-second timer. Also eliminates the blue liftgate release button if ordered with Remote Keyless. 16C 1st & 2nd Row Carpet Floor Covering Included Includes front and rear floor mats. 85D Front Console Plate Delete Included 55F Remote Keyless Entry Key Fob w/o Key Pad $322.00 Does not include PATS. Includes 4-key fobs. Key fobs are not fobbed alike when ordered with Keyed-Alike. 16D Badge Delete N/C Deletes the Police Interceptor badging on rear liftgate and the Interceptor badging on front hood (EcoBoost). Interior Colors Selected Options (cont'd) 3 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: Ron Folkinga Date: 09/13/2017 Goode Motor Ford, LLC 1096 E. Main Street, Burley, Idaho, 833182045 Office: 208-878-5611 2018 Police Interceptor Utility, Sport Utility AWD Base(K8A) Price Level: 815 Code Description Invoice FW_01 Charcoal Black N/C Primary Colors G1_01 Shadow Black N/C SUBTOTAL $33,365.00 FDAF Assessment $0.00 Fuel Charge $39.80 Destination Charge $945.00 TOTAL $34,349.80 Selected Options (cont'd) 4 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: Ron Folkinga Date: 09/13/2017 Goode Motor Ford, LLC 1096 E. Main Street, Burley, Idaho, 833182045 Office: 208-878-5611 2018 Police Interceptor Utility, Sport Utility AWD Base(K8A) Price Level: 815 Pricing - Single Vehicle INVOICE Vehicle Pricing Base Vehicle Price $31,189.00 Options & Colors $2,176.00 Upfitting $0.00 Fuel Charge $39.80 FDAF Assessment $0.00 Destination Charge $945.00 Subtotal $34,349.80 Pre-Tax Adjustments Description Government Price Concession -$4,000.00 Goode Motor Discount -$1,423.80 State Acquisition Fee 1.25%$361.58 Total $29,287.58 Customer Signature Acceptance Date 5 city Of l.!6!idian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - unposted Transactions Included In ReporE 0X - c€neral Elnd 2110 - Po].ice Addin trar, 1A /1/2071 Through 9/30/2018 Budge! with Ac tua l Budget Remaining Budget Remalnrng Capita] Outlay Capital - Vehictes Totaf Capital Out]ay 0.00 0 .00 432a 439 .8A 432, 439 .80 00s 0 0:! I00 100 94100 DEPT EXPENDITURF]S TOTAL EXPEND]TURES 432, 439 .80 432,439.80 0. 00 0. 0(l 432,439.84 432,439.8A 100.00'i 100.00t Dat.:9/21/t1 04 :2 9: 42 pM 432,439 .80 4321439.80 Z Q w W 2 LL •O U U a 0 Q W LL W o v W v¢°ate v r ¢ z L C FD Q N N L Q XX O0 0 W W Q j F LL > a m w M M In U o N i00 C/) M y0 G co Q 0 -- m LU a Q O M H O 0'O w w o wp 00> � v V CV • °J co 00 W r- co IC � t • U a) H3 fH fA 6? fA fA EA fA fA EA o_ T v IU WIC S O •� 0) W^ • ` N ../, O, Z LU Y. • • 0 (n _ . Q Z O 00 U) cM • O W li 0 . N C C 00 9 Y C E w N E j a v o z g m a ao 0 o KU O W O z W F0 L C o M m 2 Q N a > - w O W W Y o LL EL C a i v .> 5 @ ` a w E a N O O c LU p m C a a) Y Z w O M • 0 L O M C C ¢ m z a z � N � 0 J � U N • L > > a 0 a 0 0 00 N T N � ¢ o a OO_ Q > N � • 0 O � � l0 `O ¢ 0 LL d a L L p 3 3 0 a) ooE d .� • C7 v o 'v, a m LU ¢ aY LU C U C U C N Z z Q 0 C O QU Z • a N p U f d o F U w w oLLI y LL 3 ac W c ..) 0 U O R R p a) L a. cn o Z 3 2-fr E EA} ET! *i5 ":! =i:6' *; i =3J !" di 8 E 8 E g. 8 a t-l(\ L -* E 2 N $ = I I Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 70 PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement to SNF Polydyne, Inc. for the POLYMER CHEMICAL for a Not -To -Exceed amount of $200,000. MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Laurelei McVey/PM Date: 09/13/2017 Re: September 19 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 19 th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to SNF Polydyne, Inc. for the POLYMER CHEMICAL for a Not-To-Exceed amount of $200,000. Recommended Council Action: Award of Bid and Approval of Agreement to SNF POLYDYNE, INC. for the Not-To-Exceed amount of $200,000 as well as authorize Purchasing Manager to sign the Purchase Order for the Not-to- Exceed amount of $200,000. Thank you for your consideration. City of Meridian Purchasing Dept. 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 N/A N/A N/A N/A Unknown N/A N/A I. PROJECT INFORMATION 9/7/2017 12/31/2017 N/A FY18 9/13/2017 PW-Wastewater FY18 Polymer V. BASIS OF AWARD 9/1/2017 September 8, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION September 13, 2017 N/A VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Laurelei McVey 9/13/2017 VII. TASK ORDER SELECTION (Project Manager to Complete) N/A Award based on Low Bid Highest Ranked Vendor Selected $200,000 Laurelei McVey If yes, has policy been purchased? SNF Polydyne III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3510 52015 10373.a TASK ORDER RFP / RFQ BID AGREEMENT FOR SUPPLIES / EQUIPMENT PROCURMENT INTRODUCTION WHEREAS, the Supplier is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Equipment / Supply Specifications & Requirements: Whereas, POLYMER CHEMCIAL the City has a need for services involving the procurement of ;and 1.1 SUPPLIER shall supply the equipment and/or supplies to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the document titled "Supply Specifications & Requirements,, a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 The Supplier shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Supplier represents and wairants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made POLYMER FY18 page 1 of 14 THIS AGREEMENT FOR EQUIPMENT / SUPPLTES PROCUREMENT is madethis 1 st of October, 2017 , and entered into by and between the City of [\/eridian, a municipal corporation organized under the laws of the State of ldaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, ldaho 83642, and SNF Polvdvne , hereinafter referred to as "SUPPLIER", whose business address is pO Box 279 Riceboro, GA 31323. or contained in any proposal submitted by the Supplier and any reports or opinions prepared or issued as part of the work performed by the Supplier under this Agreement, Supplier makes no other warranties, either express or implied, as part of this Agreement. 2. Consideration 2.1 The Supplier shall be compensated on a per pound basis (Not- To-Exceed $200,000) as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Supplier shall provide the City with a detailed monthly statement detailing all deliveries for the month, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Supplier under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Supplier. 2.3 Except as expressly provided in this Agreement, Supplier shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Supplier shall not be entitled by virtue of this Agreement to consideration in the form of ove(ime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30,2021 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 The City reseryes the right to extend the Agreement based on the terms and conditions of the lnvitation for Bid Document and specifications for up to four (4) years from the date of expiration, provided such extension is mutually agreeable to both the City and the Supplier. 3.3 Should Supplier default in the performance of this Agreement or materially breach any of its provisions, City, at City,s option, may terminate this Agreement by giving written notification to Supplier. POLYMER FY18 page 2 of 14 3.4 Should City fail to pay Supplier all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Supplier, at the Supplier's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.5 This Agreement shall terminate automatically on the occurrence of any of the following events: a) Bankruptcy of insolvency of either party; b) Sale of Supplier's business; or c) Death of Supplier 1. Termination: 4.1 lf, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. SUPPLIER may terminate this agreement at any time by giving at least sixty (60) days notice to ClTy. 4.2 ln the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by SUPPLIER under this Agreement shall, at the option of the CITY, become its property, and SUPPLIER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of seloff until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 2. lndependentSupplier: page 3 of 14 5.'1 ln all matters pertaining to this agreement, SUppLIER shall be acting as an independent supplier, and neither SUppLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of ClTy. Except as expressly provided in Attachment A, Supplier has no authority or responsibility to exercise any rights or power vested in the City and POLYMER FY18 therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Supplier, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent suppliers and not as employees of the City. 5.3 Supplier shall determine the method, details and means of performing the work and services to be provided by Supplier under this Agreement. Supplier shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Supplier in fulfillment of this Agreement. lf in the performance of this Agreement any third persons are employed by Supplier, such persons shall be entirely and exclusively under the direction and supervision and control of the Supplier. 3. lndemnification and lnsurance: 6.1 SUPPLIER shall indemnify and save and hold harmless ClTy from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if ClTy becomes liable for an amount in excess of the insurance limits, herein provided, SUPPLIER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys'fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Supplier or S upplier's officers, employs, agents, representatives or subcontractors POLYMER FY18 page 4 of 14 and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. SUPPLIER shall provide CITY with a Certificate of lnsurance, or other proof of insurance evidencing SUPPLIER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Supplier begins performance of it's obligations under this Agreement. ln the event the insurance minimums are changed, SUPPLIER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, ldaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Supplier shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Supplier's lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Supplier's insurance and shall not contribute with Supplier's insurance except as to the extent of City's negligence. 6.4 The Supplier's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 7 Notices: Any and all notices required to be given by either of the parties hereto, unless otherurrise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: POLYMER FY18 page 5 of 14 City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, ldaho 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys'fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. Assignment: lt is expressly agreed and understood by the parties hereto, that SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. o 10 11. 12. 13. Reports and lnformation: Discrimination Prohibited: ln performing the Work required herein, SUPPLIER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13.1 At such times and in such forms as the ClTy may require, there shall be furnished to the CITY such statements, records, reports, data and POLYMER FYl8 page 6 of 14 SNF Polvdvne Attn: Rebecca Beaslev 1 Chemical Plant Rd. Riceboro, GA 31323 Phone(800) 848-7659 Email PolvBidDpt@snfhc.com 14. 15 to 17. 19 information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Supplier shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of SUPPLIER'S records with respect to all matters covered by this Agreement. SUPPLIER shall permit the ClTy to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The ClTy shall have unrestricted authority to publish, disclose and otheruise use, in whole or in part, any reports, data or other materials prepared under this Agreement. Compliance with Laws: ln performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. Quantities: The quantity listed in Exhibit A are estimates only, based upon current known requirements, and not a guarantee to purchase and are subject to increase or decrease within the contract period. Any increase or decrease will be governed by the same terms and conditions of this Agreement. Construction and Severability: lf any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequeni default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to POLYMER FY18 page 7 of 14 18. 20. 21 aa z.) 24. 25. be a modification of the terms of this Agreement unless this Agreement is modified as provided above. Advice of Attorney: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attorney's or the opportunity to seek such advice. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. Order of Precedence: The order or precedence shall be this contract agreement, the lnvitation for Bid document, and successful bid document Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of ldaho, and the ordinances of the City of Meridian. Public Records: Pursuant to ldaho Code Section g-33S, et seq., information or documents received from the Supplier may be open to public inspection and copying unless exempt from disclosure. The Supplier shall clearly designate individual documents as ,'exempt', on each page of such documents and shall indicate the basis for such exemption. The City will not accept the marking of an entire document as exempt. ln addition, the City will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Supplier shall indemnify and defend the City against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Supplier,s failure to designate individual documents as exempt. The Supplier's failure to designate as exempt any document or portion of a document that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any such release. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. POLYI\4ER FY18 page 8 of 14 CITY OF MERIDIAN �v i � r���l f�®� 1.�_.�.�......� ...err ..... -Y-�dERD, MAYOR Dated:—/ -o Gv � Attest: 2 City u( °w CAVI E IDIAN�- IDAHO SEAL CJ CO C CLERK _ ZT Approved as to Content BY:°; KEITH W.;Xff, PU "WING MANAGER Dated: 2/-// // % Approved as to Form CITY ATTORNEY POLYMER FY18 page 9 of 14 POL.YDYNE INC. Department Approval NAME: LAURELEI MCVEY TITLE: Dir PLl1`Y DIRECTOR UTILITY OPS Dated: Attachment A Supply Specifications & Requirements The City of Meridian referred to herein as the City, will accept bids for a one-year supply (extendable for up to three additional years) of liquid emulsion polymer that will be used to condition municipal wastewater sludge for dewatering in an Andritz D5LC30CHp High Solids Decanter centrifuge. The polymer vendor awarded the contract is referred to herein as the Bidder. Polymer furnished shall meet the specified terms and condition herein: Polvmer a. The polymer shall be the following, or an approved equal in quality and performance: Minimum Sludge Cake Solids: 1 7.0%, with volatile solids content of 60 to 70% Ivlinimum Solids Recovery: 98.5% Note: Centrate Total Suspended Solids Concentration must be less than 300 mg/L. b. The successful bidder shall demonstrate compliance with the performance requirements herein. c. Polymer must dissolve easily and completely in potable water within 10 minutes, in concentrations up to 0.5% by weight. d. The polymer price shall be "per pound- polymer'' delivered. The bid price shall also include the cost of container return services. Polymer concentration shall not be less than 33%. The bid must also contain the weight of polymer per US gallon. This information will be used to calculate cost based on liquid quantity of polymer. f Deliverv of Polvmer Polymer shall be delivered by the Bidder to the city of Meridian wastewater Treatment Facility: 3401 N Ten Mile Road, Meridian, ldaho 83646. POLYMER FY18 page 10 of 14 All shipping and delivery charges shall be paid by the Bidder and shall be included in the bid price. The City of Meridian intends to place orders on a quarterly basis. lt is estimated that each order will be enough to achieve approximately 350 dry tons of biosolids. g. The bid shall be based on shipments of one-ton containers (Tote-Bin, IBC). The amount of polymer required is estimated to be equivalent to the amount needed to achieve 1,2O0 lo 1 ,500 dry tons of biosolids per year. h. ln no event shall polymer delivery take longer than five business days from winning bidder's receipt of City's polymer order. i. Deliveries shall be made between B:30 a.m. and 4:30 p.m., Monday through Friday, excluding holidays. j The winning bidder shall make available to the City laboratory services to select the optimum polymer for the sludge generated throughout the year. k. The winning bidder shall provide assistance in optimizing the settings on the city's polymer blending/mixing units when required. The bid prices shall include the cost of up to three evaluations at the City's treatment plant during the year. l. The winning bidder shall promptly provide personnel necessary to assist in the proper application of their product. m. The prices in the winning bidder's bid shall be fixed for each twelve month term of the Contract. n. Polymer shall perform as stated in the lnvitation for Bid during the entire term of the Contract and failure to comply will be just cause for City's termination of the Contract. o. substitute products will not be allowed unless they can be demonstrated to perform as equal to or better than the specified polymers, prior to delivery and accepted by the city, at the specified performance requirements, for the same or lower real cost. p. Due to the large number of polymers available and the complexity of applications, thecity reserves the right to purchase test quantities of poiymei to continue testing (beyond the full scale test) for the most economical application and delay award until a clear winner is determined. q. The city reserves the right to discontinue the use of the dewatering centrifuge (and associated polymer purchase) and to employ alternate methods of sludge conditioning, dewatering, and/or disposal. r. The city reseryes the right to purchase alternate polymer from the winning bidder, should an alternate polymer better meet the City's needs. POLYMER FY18 page 11 of 14 S It is the Bidder's responsibility to visit the site and conduct on-site (bench-scale) testing of products to select the best product for evaluation. The Bidder will also be responsible for knowing the type of polymer make-up equipment at the site to ensure theirproduct is compatible with the existing feed equipment. Each vendor will be allowed one day of bench testing at the wastewater Treatment Plant (WWTP) prior to full scale trials. contact the ww superintendent (Laurelei McVey) by email to arrange for bench testing at lmcvey@meridiancity.org. All bench-scale testing will begin on June'12th, 2017 and must be completed by June 23'o, 2017. Vendors will be responsible for providing their own bench test equipment and staff. City will only provide sludge for testing. t After the bid opening the city will contact bidders to arrange for the full scale testing of the proposed polymers. The Bidder will supply, at no charge to the City, a one-day gupply (8 hours of runtime) of polymer to treat approximately 60,000 gallons of sludge fora full-scale performance evaluation. The polymersupplied forfull scaletesting must be the polymer that is used in determining the bid price. Full scale testing will begin on July 10th, 2o1l and conclude by August 3'd, 2017. lt isthe responsibility of all Bidders submitting bids to have productJon-site for testingpurposes no laterthan Spm on July grh ,2017. Any product received afierthis date may not be considered. Bidders will be allowed one day (no more than g hours) to set-up and test their polymer during full scale operation. No adjustments will be allowed to the centrifug" oth", than polymer dose during the set-up/testing period. Following the max-imum g hour set-up/testing period, or when bidder declares they arJready, full scale evaluation shall begin (this may be the next day). The centrifuge shail be started in automatic mode and ran for a period of not less than threJ hours. city staffwill measure polymer usage and centrifuge performance hourly for at leu"i thr""hours. During the evaluation period No adjustments to any equipment will beallowed. Any adjustments to any equipment during this period may be deemedimmediate grounds for dismissal of the product. only products that meet or exceed the minimum requirements set forth in thisdocument, as demonstrated in the full-scale performance evaluations and specifiedherein, will be considered for award. Due to the time it will take to complete the fullscale testing, award of the supply contract may not occur until 4-6 weeks after bidopening. POLYMER FY18 page 12 of 14 u. By submitting a product for testing, the Bidder acknowledges that it is able to supply this product, at the same performance quality and manufacturing specifications, at the volume necessary to fulfill the terms/length of the annual contract. Lab samples will be checked against future deliveries of product to ensure performance-based standards. The Bidder will be required to produce, at the City's request, retained samples of product batches delivered. An MSDS sheet must accompany each shipment and a certificate of analysis stating the total solids, bulk viscosity, and dilute viscosity. The City reserves the right to conduct lab analysis on each load delivered to verify the certificate of analysis. v. ln the event the Bidder discontinues manufacturing the product supplied, or changes the manufacturing process, it is the Bidder's responsibility to inform the City of these changes and to supply, at no additional cost to the City, a product with equal or superior performance than the product previously supplied at no more than the annual contract price. w. ln the event of a drop in performance without a notification of change by the Bidder and wlth no significant changes in plant process, the sludge/polymer interaction will be documented and compared with the original sludge/polymer interaction. lt will be the Bidder's responsibility to remove any polymer whose performance or specifications are deemed substandard by the city. Failure to do so may result in termination of the annual contract. POLYMER FY18 page 13 of 14 Attachment B PAYMENT SCHEDULE Travel expenses will be paid at no more than the city of Meridian's Travel and Expense Reimbursement Policy. TASK DESCRIPTION AMOUNT / LB A Clarifloc WE-1667 Cationic Emulsion Polymer (includes delivery & container return service) 840 POLYMER FY18 page 14 of 14 Si g n e d Ad d e n d u m 1 Bi d B o n d X X X O O O X X X X X X X X O NOTE: UNOFFICIAL RESULTS. ALL VENDORS WILL PARTICIAPTE IN FULL SCALE TESTING JULY 10TH THROUGH AUGUST 3RD. NO AWARD WILL BE MADE UNTIL FULL SCALE TESTING IS COMPLETE. FINAL BID RESULTS WILL BE POSTED AFTER COMPLETION OF FULL SCALE TESTING. Attest: Karen Wooddell $66.08 DUE DATE & TIME: June 28, 2017 2:30 BID NUMBER: PW-1740-10373.a BID NAME: Polymer FY18 Est. Total Cost to achive 1 Ton of dry bio solids Est. # of Pounds of Polymer to achieve 1 ton of dry bio solids NO BID Price per pound of Polymer 59$1.12 $1.26 $0.84 (No Bid Bond) NON-RESPONSIVE Opened by: Sandra Ramirez NALCO Water VENDOR BASF CORP Univar USA Kemira Chemicals, Inc. SNF Polydyne UNOFFICIAL BID RESULTS DUE DATE & TIME: June 28, 2017 2:30 BID NUMBER: PW-1740-10373.a OFFICIAL FULL SCALE TESTING RESULTS July 27, 2017 Wastewater Treatment Plant 3401 N TenMile Rd Meridian, ID Si g n e d Me t F u l l S c a l e Te s t Re q u i r e m e n t s X N X Y X Y O N X Y 74.43 NO BID FINAL RESULTS BID NUMBER: PW-1740-10373.a BID NAME: POLYMER FY18 Total Cost to achieve 1 ton of dry biosolids Number of pounds of polymer to achieve 1 ton of dry biosolidsVENDOR UNIVAR USA BASF $93.78 Price per pound of polymer Non-Responsive 65.4 $1.26 NALCO Water KEMIRA SNF Polydyne Certified by Meridian City Lab $73.25 58.7$0.84 $1.12 $49.31 CERTIFICATE OF LIABILITY INSURANCE 917t2017 THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICAIE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSUREO, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endors€ment. A statement on this certiticate does not confer rights to the certificate holder in lieu of such ondorsement(s). Phone No.: {212) 488-0200 Fax No.: (212)488-0220 Frenkel & Company 350 Hudson Street - 4rh Floor New York, NY 10014 INSUR AFFOROING COVERAGE INSURER A: A G SPECIALTY iNSUFANCE COIIIPANY 26883 iNSUFEO INSURER B COI\,1I\,IERCE & INDUSTRY INSURANCE COI!'IPANY 19410 One Chemical Planl Road PO Box 250 Rrceboro GA 31323 INSURER C TRUMBULL INSURANCE COMPANY 27120 INSURER D: INSURER El INSURER F COVERAGES CERTIFICATE NUMBER:REVISION NUMBER THIS IS TO CERTIFY II.]AT THE POLICIES OF INSURANCE LISTEO BELOW HAVE EEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTAND NG ANY REQUIREMENT. TERIV OR CONDITION OF ANY CONTRACT OR OTHER DOCUI\,4ENT WITH RESPECT TO WHICH THIS CERTIF]CATE I\,4AY BE ISSUED OR IVAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIEEO HEREIN IS SUBJECT TO ALL lHE TERMS EXCLUSIONS AN D CONDITIONS OF SUCH POLICIES LII\,1ITS SHOWN I\4AY HAVE BEEN REDUCED BY PAID CLAIIVS. I L[VltTS x COMMERCIAL G€N€RAL LIABILITY CLAIMS MAOE -X OCCUR GEN L AGGRECATE L M TAPPLIES PER POLICY PROLrEcr Loc OIHER: X EG14362834 1213112416 12t31t2417 EACB OCCURRENCE o NTEO MED EXP $1,000,000 s500,000 $25,000 $1,000,000 $2,000,000 $2,000,000 $ B AUTOMOB]LE LIABILITY X ALL OW\ED AUTOS I]IR€OAUTOS SCHEOULEO AUTOS NON'oV!IJEO AUTOS X X X cA4691818 12131t2416 12/31t2417 BOOILY INJURY (Perpe.son) BODILY INJURY (Per a@de.r) PROPERTYDAMAGE $1,000,000 S s s s UMBREILA LIAE EXCESSLIAB X occrJR CLA MS MADE EGU18403155 12t3112016 12l3'1120'17 EACH OCCURRENCE $5,000.000 X $5,000,000 DEO RETENTION$ C WoRKERS COitPEISAiON ANO EMPLOYERS' LIABIIITY ANY PROPRIETOfu PARTNER,€XECIJTIVE OFFICER/MEMAER EXCLUO€O? DESCRIPTTON OF OPEttATTONS bettu 1owNR30600 12t3112016 12t3112017 X E L EACH AC'IDENT E L OLSEASE. EA€MPLOYEE E L O SEASE. POL CY LIM]-I $1,000,000 $1,000,000 $1,000,000 oEsc RIPTION OF OPERATIoNS / LOCATIONS / vEHIcLES (AcORD 1ol, Addltaonal Remarks Schedule, may be an.ched lf more space ts rcqutred) City of Meridian is included as Additional lnsured lvhere required b witten conkacl as respects to liabilily arising oul Named lnsuaed per terms and conditions of the referenced polices. 30 DAY CANCELLATION CLAUSE INCLUDED of the operations oa !ryork performed by the CERTIFICATE HOLDER CANCELLATION SHOULO ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONCily of Meridian 33 E Broadway Ave, Ste 106 Meridian. lD 83642 AUTIrcRI2EO REPRESENIAIIVE .,.-. :l-_ 7l'1'*;a_ I . .z-L.-,* @ 1988-2014 ACO The ACORD name and logo are registerod marks ofACORD D CORPORATION. All rights reserved A acoRD 25 (2014/01) .q,<:Rrf PERSONAL &ADVINJURY GENERAL AGGREGATE $ I Sfate of ldaho CERTTFICATE OF REGISTRATION OF POLYDYNE INC. File Number C 21S106 I' LAWERENCE DENNEY, secretary of state of the state of rdaho, hereby certify that an application for Foreign Registration statement, duly executed pursuant to the provisions of the ldaho uniform Business organization code, has been received in this office and is found to conform to law. ACOORDINGLY and by virtue of the authority vested in me by raw, r issue this certificate of Registration to transact business in this state and attach hereto a duplicate of the application for such certificate. Dated: September 20, 2017 SECRETARY OF STATE By Office of the Secretary of State 202 FOREIGN REGISTRATION STATEMENT TiUe 30, Chapter 21, tdaho Code Filing fee: $100 typed, $120 not typed Complete and submlt the form ln dupficate. 20liSEp Z0 pH 2t06 "8?iiftl ldt'bu', 3. l. The name ofthe enlity is Pol yne lnc The name which it shall use in ldaho is;Polydyne lnc select the type of entity you wlsh to register: (Enler€ name here or v;l you are required to adopt an alt€anato naote) E Business Corporation E Nonproft Corporation E Limited Liabitity partnership fl Limited Liabitity company E other: E General Partnership E General Cooperalive Association E Limited Partnership (tnctuding a timited liabitity limited partnership D Statutory Trust, Business Trust, or Common-law Buslness Trusl (Use Jurisdiction of lher' only ifyo!r foreign enfty lyPe is lat llsled above. and enler lhe type he.e. 4 fornation:Delaware 5. The address of its princlpal office is: 1 Chemical Plant Road {Provide lhe domoslic h,dsdidlon enllly l./as lonned) , Riceboro, GA 31323 (Streel Address) (lUaillng Address. if different) 6 The address of iis domesti. principar office (if required by the rav,/s ot the.iurisdicrion offormation) is: (SlreelAddress) (Malllng Add.€ss, It difisront) 7 The mailing address to which corespondence should be addressed, if different from item s, is: (Addrsss) 8. Name and street address of registered agent in ldaho: National Registered , lnc. 921 S Orchard Street - Suite G , Boise, lD 83705 {Addless) 9. The name, capacity, and mailing address of at least one governor: Peter Nichols President 1 Chemical Plant Road, Riceboro, cA 31323 (Name) Mark Schlag (Capacily) VP Finance (Address) 1 Chemical Plant Road, Riceboro, GA 31323 (Name)(Capacily)(Address) M,l Typed Name Mark Sc Capacity ID;.HO SECRET',AY OP STATE u9/2o/2OL7 n5:Do trX: PREPAID C!:227OZA BH:1603787 1e 100-00 = 100.00 rOR EEG ST #2 lG ?0.80 = 20-00 EXPEDITE tr *3aI B. VP Finance, Treasurer & Asst. Secretary LL|SLUo Signature: Delaware Page 1 The First State I, JEEEREY W. Bt LIoCK| SECREUaRy o? STATE Ot THE STAEE O! DEIA'I,.!IE. W flEREBT CERTII.:T 'POLYDY,.;IE TNC,' ZS W'Y TNCARPOR:A,II1.D I]NDER TEE I;AWS OE TEE STATE OE DEI;,JiTARE E}ID TS IIT @OD S1IjANDING AND HAS A IEAI, CORPOR:A,]E EXISTENCE SO !:ER E.s rEE RECORDS OE TEIS OEEICE SEor,, AS OE TXE TNEMTIETE DAT OF 9EPTEIIBER, A.D. 2077. AIID T N EEREBY EI,RTEER CERTZW TEAT TXE ANA'I,7I.L REP@rS I'IVE BEEN ?IIED TO DATE. AIID I DO EEREIBY FURTE* CER"rt"iT TEAT TM s;AZD 'POLYDYNE INC." ms .IIvcoRpoRtrED oN TEE TnEIliIy-trRS! DAy Op AAGIC/ST, A.D. 7gg5, AIID Z DO EEREBY rI'RTEER CERTIr], ITEAT T'E.ERAIICETSE IjAXriS EAW EEEN I)ATD TO DA?E. 2535524 8300 sR$ 20175244808 Authentication: 203256393 Date: 09-2G17You may verifythis certjficate online at corp.delawaae.tov/authver.shtml Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 7P PROJECT NUMBER: ITEM TITLE: Approval of Change Order No. 2 to Task Order 10601.G for WRRF Capacity Expansion Services During Construction to Brown & Caldwell. This is a cost neutral change order to move $5 4, 00 from FYI to FYI while reducing the FYI funding by the same $50,400.00. 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.J Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Emily Skoro Date: 9/28/17 Re: October 3 rd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 3 rd City Council Consent Agenda for Council’s consideration. Approval of Change Order No. 2 to Task Order 10601.G for WRRF Capacity Expansion Services During Construction to Brown & Caldwell. This is a cost neutral change order to move $50,000 from FY18 to FY17 while reducing the FY18 funding by the same $50,000.00. Recommended Council Action: Approval of Task Order Change Order No. 2 to Brown & Caldwell for the Not-To-Exceed amount of $50,000. Thank you for your consideration. City of Meridian Purchasing Dept. EIDIAN- Public IDAHO Works Department TO: Keith Watts FROM: Emily Skoro Staff Engineer II DATE: 9/11/2017 Mayor Tammy de Weerd City Council Members# Charlie Rountree Keith Bird loe Barton Luke Coverer Genesis Milam David Zaremba SUBJECT: WRRF LIQUID STREAM CAPACITY EXPANSION CONSTRUCTION PROJECT CHANGE ORDER #2 WITH BROWN AND CALDWELL FOR A NOT TO EXCEED AMOUNT OF $55,000.00. I. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II 489-0356 Clint Dolsby, Assistant to City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Interim PW Director 985-1257 Il. DESCRIPTION A. Background Council approved the Liquid Stream Capacity Expansion Construction project that was recently bid on November 4, 2016. Engineering services during construction are required during the construction phase of the project. B. Proposed Project Consultant requested funding in the amount of $55,000.00 to be moved from FY18 to FYI due to the unexpected high level of effort to review construction phase submittals and respond to construction contractor RFIs. The construction phase of this project extends during three fiscal years. Consultant estimated budget based on number of submittals and RFIs per fiscal year. Actual number of submittals and RFIs has exceeded estimate for fiscal year 2017. There will be no net increase to the overall task order. Page I of 3 III. IMPACT A. Fiscal Impacts The project is under the WRRF Capacity Upgrades enhancement. The proposed or planned budget value is currently $44,479,699.00 for FY 15, 16, 17, 18, and 19. The enhancement value for FY17 is $11,335,000. Project Costs for Brown and Caldwell: - - ------ - I- - --------- -- ------ ---- I ---- Account Code / Codes --------------------- -- Costs -Fiscal-Year-2-0-17 Engineering Services During ! 60-3590-96151 $491,259.00 Construction -- -- - - - - FY16 - - -�- -- : ----- -- ----------------g--;----------------- Engineering Services During - ---------- ---------------- $45,000.00 Construction CO 41 3590-96151 $11,335,000.00 —------------- --------- -------- Engineering Services During ---------- ----------------- -------------- ---- $55,000.00 Construction CO #2 ----- FY19-Proposed/Planned ------------------ ------------- 3590-96151 Total$591,259.00 ---------------- -------------------- j Fiscal Year 2018 ----- -- - $44,479,699.00 --- -----------------------------------'----- Engineering Services During -----------------------87- 60-3590-96151 $4,569.0-0 Construction --- - ----- -- --- --- - -- --- ---- -.- ----------------- -- ----- ---------------- -- --------- ----- Total -4 .-_-- ----- ------ ---..- - - ------------- - $487,569.00 - -- - - -- ------------- Fiscal Year 2019 --- - -- -- ------------- --1 - - ---------- - ---- ----------------------------------- Engineering Services During ----- ------------- - - 60-3590-96151 -------------- $384,407.00 Construction ' -------------------- ---------------- --- ----- ------ -------- - ----------------- - - ------ --------Total ; -- -------------- $384,407.00 ------- -- - _- --- - - ---------- - ---------------------- ---- -- --- Total Project Cost -- ---- ------------- --- -- - ------ ---------------- $1,463,235.00 ---------------- ----- Project Funding ------ --------------------------- Fiscal Year --- - ------------------------------- Account Code / Codes ----------- -- FY15 3590-96151 $444, 699.00 -- -- - - - - FY16 - - -�- - - --------- - - 3590-96151 - - $2,900,000.00 FY17 3590-96151 $11,335,000.00 - M--- - ------------ --- ------------------------- FY18 -- ---------------------..------' 3590-96151 $20, 000, 000.00 ----- FY19-Proposed/Planned ------------------ ------------- 3590-96151 - - $9, 800, 000.00 ------- ---- -- - - _---- Total Funding -- - $44,479,699.00 B. Alternatives The City could choose not to approve the change order and not move forward with the project. Page 2 of 3 C. Time Constraints Because time is of the essence, not moving forward with this construction contract may impact the City's ability to accommodate future growth and ability to meet the proposed effluent targets in the NPDES permit. Departmental Approval: �W.5 Page 3 of 3 c{/"y}- CHANGE ORDER CHANGE ORDER NO PROJECT NO 10601.G CHANGE ORDER C)ATE:911112017 EFFECTIVE DATE 9120/2017 CONT Brown and Caldwell WRRF Capacity Expars ion S€Mces During ConstruclionPROJECT: Tha contractor is harabydlrected to make th. rofloHlng changes ftom the contrrct Documanr3 rnd prans. Deacripllon o, addltlonsl work (arach additonatpag6s ll neoded) Additional engine6ring enort in revi€w of construction phase submittals and Iesponse to conslruction oontractor RFls in fiscal year2017. WHO REOUESTED THE CHANGE Contractortrtr city WHY IS THE CHANGE NECESSARY C'h** dl th.t ,pply E Untoresoen / Hidden Conditions E Error wilh ths Plans and/or Specmcations Explanation: cantraclor requested ,unding in the amount of $55,000.00 to be moved lrom FY18 to Fy17 due to lhe unexpected high lev6l ofetfort to revisw construction phas€ submitlals and r€spond to construction contractor FlFls. Tho construclion pha.6e oi this project extends during three tiscalyears. contractor estimated budget based on numbor of submittats and HFls peri'tscaly;a;. Actuat number ol submittals aM RFls has exceeded estimate tor fiscal!€ar 2017. There willbe no net increasB to lhe tasi order. I Scope Change E Other - dd6c/,be be,ow BEASON FOR CHANGE ORDER BIDDING ADDITIONAL WORKvs. E The work is in the area of the original conlracl and a con lict whh the on-site conlractor is probable and would make coordination ol work difficult and bidding unreasonable. E Time is ot the essence and bidding would require the contractor to stop work and the City r,vould tace costly standby tees therefore making bidding disadvantageous fl Emergency Work to correcl unsafe conditions. E Other - d€scrDe berow Explanatlon: {.n ch.d .ddhJonl p.e.6 t, m.d.d) Contractor has approved Task Order lor Bnlire project duration (30 months . January 2017 through April 2019). Funding wlll be shitted between fiscal ygar astimates to cover actualcost6. Check all thdt apply Page 1 of 2 CITY OF MERIOIAN 33 EAST BROADWAY MER|D|AN, rO 83642 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $1,463,235.00 Original Contract Times: 271 days Net changes from previous Change Orders Net changes form previous Change Orders (calendar days) No. 1 to No. 1 No. to No. Hole change order numbers hate $0.00 We change order numbers here 0 days Enter Wulf amounto enote Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $0.00 0 days er Met amount e f pampa aet Total Change (Increase / decrease) to date: Total Days (Increase /decrease) to date: (calendar days) $0.00 0 days New Contract Price with all Approved Change Orders: New Contract Times with all Approved Change Orders: (calendardays) $1,463,235.00 271 days APPROVED: (City Purchasing &tanager) AG ED: (Contractor) By: Keith Watts Date: �� 7 Date: r RECOM�MENDED: (City Project Manager) DATE APPROVED-BY COUNCIL (if required) fD-" / By; NO SIGNATURE REQUIRED Date:Oq l DATE / Purchasing Use Only dgetAvailable (Attach Report) l=S G P64 1 —1 - dget Information: Budget FY / Amendment: �— to Submitted to Clerk for Agenda: 1 Approval Date. rchase Order No.I " Z -Q Date Issued: qZZ ell 7 Page 2 of 2 dtft IDIAN Purchase Order Attention: Emily Skoro 9128t2017 17 -0420 CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: Billing Address: Shipping Address: Attn: Finance 33 E Broadway Ave Nleridian, lD 83642 33 E Broadway Ave. Ste. 200 Meridian, lO 83642 BROWN & CALDWELL PO BOX 45208 SAN FRANCISCO, CA 94145-0208 Description Purchasing Manager: Special lnstructions Shipping Method: FOB: Unit Dollar Contractor Destination Pre-Paid Quantity 50000.00 Unit Price 1 .00 Total Purchase Order Total 50.000.00 s50,000.00 Change Order 2 to Task Order 10601 .G - No increase in contract amount - lncreasing the FY17 spending while decreasing FY18 by same amount. Not-To-Exceed $50,000.00 60-3590-96151-10601.G Case #57925 IDAHO Change Order 1 to TO '1060'l.G WRRF Liquid Stream Capacity Expansion ... IAN CITY OF MERIDIAN Pu.chasing Deparlrnent 33 E BROAOWAY AVE, STE 106 MERIDIAN, ID 83A+2 TEL: (208) 489{417 FAX (208) 8874813 @ CIIY OF MERIDIAN Public Works 8t8t2017 IS BUOGET AMENDMENT REQUIRED? No GASE MANAGEMENT T.ICKET NO. TBD iiULiGES I EU VENDOR Brown and Caldwell AVAILABLE BUDG ET AMOUNT $s5 000.00 Purchase Requisition PURCHASE OROER NI]MBER IIUSI APPE,AR ON ALL INVOICES PACKNG SLtPS, CARTONS ANO CORRESPONOENCE RELAIEOIOIHIS ORDER Emi Skoro Emi Skoro g Construction FY17-CO #2ty Expansion Services DurinPROJECT NAME: WRRF Capaci WRRF Capacity Expangiollservi ces During Construction FY17-1 1 $55.000.00 rrU 3590 96151 10601 $ 55,000.00 $ $ $ $ $ $ $ $ s $55 000.00 auTlroRtrEo co0NctL gori/rruRE It Gqln d) NOTES: Council Approval Date: ACCOUNTING CODES TOTAL AMOUNT IIIII I IIIII Quantity and Pricin PART NUMBER / DESCRIPTION / COMMITMENT NAME / TASK ORDER / CONTRACT / PROJECT DESCRIPTION DEPT CODE EXPENSE OR PROJECT / GLACCOUNT # COMMITMENT # DATE OF REOUEST Description of QTY UNIT UNIT PRICE FUND I rl I -_---r--- I =I City Of l.Lri.dian Detailed Statement of Revenues and Expenditur:es - Rev and Exp Report - Keith 3590 - wY Construction Plojecta 50 - Ent€rpEi.o Eurd Eron\ 10/1/2016'thtcr)qh 9 /3A /2A11 Budge! wi!h Curlent Year Actual Buclget Remaining Percent of Budget Remaining 9 515 1 10 501 10501.a 10501.d 10601. e 10601. F Capital Outlay PreDesj.gn of Capitaf Projects llRRE Capaclty Expansion WRRF Capacity Expansion - Design WRRF Capacity Expansion - Construction WRRF Capacity Exp -Construction Staking WRRF Liquid Streah Capacity Expansion -Special Inspections ERRE Liquid Stream Cap. Expansion - Svcrs DuEing Const. L2,6't2,542.08 0 .00 0 .00 0.00 0. 00 36,090.43 169,530.08 10,750, 099.98 16,500.00 333, 107.00 12,636,451.65 (169, 530. 08 ) (10,?50,099.98) (16,500.00) (333,107.00) 99.'72$ 0 .00r 0.00$ 0.00* 0. 00t 10601.c 10601.H WRRE Cap. Exp. Process Control Softrare Integlation !.00 0 .00 536,259.0A 308,516.00 (536.259,00) (308,516.00) 0.00r 0.00r Total Capitaf Out]ay TOTAL EXPENDlTURES _.12,512.,1!2.-98 12,612,542 .aA 72,154,142.49 422 439.59 1224 _t-?..,_t:q._l_q?.,3 e _.t22Jj)2.:.4.72* Date: 9/2A/\',1 10:30 | 37 Al,t Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 7Q PROJECT NUMBER: ITEM TITLE: AP Invoices for Payment - $532,086.90 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ADA COUNTY PROSECUTOR DR17-260, 15% of $160.00 from Pistol Sale, CR# 30251 9/25/17 24.00 01 General Fund ADVANCE AUTO PARTS 7-way trailer light plug for #6 trailer - qty 1 9.19 01 General Fund ADVANCE AUTO PARTS oil for equipment - qty 12 47.88 01 General Fund ALERT ALL CORP 220/6,000 grab bags, 205 packs of 50 stickers, pub ed 2,210.00 01 General Fund AMERICAN PLANNING ASSOCIATION--ID CHAPTER FY18-10/1/2017-9/30/2018 P&Z mbrshp-Idaho Chapter-members: R 130.00 01 General Fund AMERIGAS 220/Propane for generator, St. 5 176.48 01 General Fund ANIXIS Password Policy Enforcer 500 User Perpetual License, Upgrade 890.00 01 General Fund ASSOC OF IDAHO CITIES AIC Membership Dues - 10/1/17-9/30/18, 2/3 GF & 1/3 EF 25,626.96 01 General Fund AUTOMATIC RAIN CO DBA HORIZON weedeater heads - qty 2 61.86 01 General Fund BATTERIES PLUS Batteries for Patrol Equipment - 2 Pks of 96 Each 53.76 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Checkd Pole & Light Fixture for Bees on Pole 40485C 90.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Checked Connections in Pole 4992B, 9/6/17 90.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Found No Power To J-Box for Pole 41487C 90.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replace Glass Lens on Pole# 41179C, 9/6/17 144.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replace Lamp & Photo Cell on Pole 40835C, 9/6/17 94.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replace Lamp, Ballast, & Photo Cell on Pole# 41152C 196.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replace Lamp, Ballast, Photo Cell on Pole 51553C 196.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replace Photo Cell on Pole# 29455C, 9/6/17 40.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced 2 Lamps & 2 Photo Cells on Pole 28992C 189.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Fuse Holder, Fuse, & J-Box for Pole 30453B 311.20 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Hand Hole Cover on Pole 40814C, 9/18/17 101.40 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Lamp & Ballast on Pole 201C, 9/12/17 196.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Lamp on Pole 3700B, 9/18/17 99.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Lamp, Ballast, & Photo Cell on Pole 40552C 236.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Lamp, Ballast, Photo Cell on Pole 29959C 196.50 Date: 9/28/17 10:31:57 AM Page: 1 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Lamp, Ballast, Photo Cell on Pole 40678C 196.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Lmp, Ballst, Photo Cell, Fuse Pole 40383C 303.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Parts on Poles 40053C & 40052C 582.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Photo Cell on Pole 40995C, 9/6/17 40.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Photo Cell on Pole 41224C, 9/18/17 40.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Photo Cells on Poles 40386C & 40384C 80.00 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.17-0253 softball umpire services 9/18-9/22/17 - qty 50 games 1,377.51 01 General Fund BOUNDTREE MEDICAL 220/2 cylindar clamps, 4 quick connects, 2 splints, 2 oxy re 1,467.50 01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial, St. 1, cleaner, detergent, brushes, towels 359.97 01 General Fund BRADY INDUSTRIES, LLC.220/Truck Wash - Qty 2 240.00 01 General Fund BRADY INDUSTRIES, LLC.220/Truck Wash, qty 2 240.00 01 General Fund BRADY INDUSTRIES, LLC.220/Truckwash - Qty 2 120.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Alignment for Unit #143 59.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck 31 blower motor repair - license C20103 689.23 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Air Filter Replacement for Unit# 21 72.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 122 70.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 139 60.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 16 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 31 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit #140 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Rear Brake Pads & Rotors for Unit# 525 361.21 01 General Fund BSN SPORTS, INC.basketballs & volleyballs - qty 8 345.79 01 General Fund BSN SPORTS, INC.softballs - qty 6 dozen 268.31 01 General Fund CABLE ONE 112461900, Cable Service City Hall, 9/16/17-10/15/17 36.75 01 General Fund CANYON HONDA Clutch Lever for Unit # 522 19.12 01 General Fund CDW GOVERNMENT Cradlepnt 350 M2M Gateway VZW NoWifi 900.00 01 General Fund CDW GOVERNMENT Cradlepnt ECM Prime 1 yr, 9/7/17-9/6/18 105.00 01 General Fund CINTAS FIRST AID & SAFETY Fill medical cab in breakroom, Triple antiboitic oint 16.08 01 General Fund CINTAS FIRST AID & SAFETY Re Stock First Aid Kits for PD 307.71 01 General Fund CITY EXPLAINED INC Renewal CommunityViz 5.1 Tech Support for Government/Non-Pro 675.00 01 General Fund COLUMBIA ELECTRIC SUPPLY electrical box for sprinkler wires at Storey Park - qty 1 268.89 01 General Fund COLUMBIA ELECTRIC SUPPLY part for Storey Park two-wire conversion - qty 1 20.45 01 General Fund COMPOST WEST, INC compost for Storey Bark Park - qty 40 760.00 Date: 9/28/17 10:31:57 AM Page: 2 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund COMPUNET WADVULTRA-PX-21 (1) Year Advantage Ultra Service Plan for (1 4,763.54 01 General Fund D & B SUPPLY 220/electrical tape & rope for training 17.49 01 General Fund DONE RITE TREE CO.removal of Elm tree for Five Mile Creek Pathway - qty 1 900.00 01 General Fund FASTENAL COMPANY bolts for ADA picnic tables - qty 125 6.57 01 General Fund FASTENAL COMPANY restroom door hardware for all parks - qty 20 9.00 01 General Fund FASTENAL COMPANY zip-ties for Parks Shop - qty 100 2.05 01 General Fund FLAGPOLE FARM US, Idaho, POW/MIA flags for all parks - qty 36 3,734.80 01 General Fund GOODYEAR COMMERCIAL TIRE & SERVICE CENTER 220/MF037, 4 new tires 2,257.44 01 General Fund GOODYEAR COMMERCIAL TIRE & SERVICE CENTER 220/T-31 MF021, Tire Switch 113.50 01 General Fund H.D. FOWLER COMPANY irrigation parts for downtown trees - qty 400 398.00 01 General Fund H.D. FOWLER COMPANY PVC pipe for Lanark Parks Shop - qty 200 41.40 01 General Fund H.D. FOWLER COMPANY Storey Park two-wire grounding rod clamp - qty 2 5.44 01 General Fund H.D. FOWLER COMPANY Storey two-wire grounding rods - qty 4 73.04 01 General Fund HAEMKER GENERAL CONTRACTING Refund, C-MISC-2017-0013, Overpayment of Permit 140.89 01 General Fund HOME DEPOT CREDIT SERVICES 220/PVC 40 Pipe for fitness equip construction 27.82 01 General Fund HOME DEPOT CREDIT SERVICES Spray Paint for PD Bldg Handrail - Qty 2 7.74 01 General Fund I.C.R.M.P.ICRMP Insurance Premium, 10/1/17-9/30/18, 1st Payment 114,221.73 01 General Fund I.C.R.M.P.Refund for Issuance of Check in Error, Check Should Have Gon 573.50 01 General Fund IDAHO TRANSPORTATION DEPARTMENT New Exempt License Plate Registration for 2017 Trailer 23.00 01 General Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas September 2017 708.15 01 General Fund JAYKER WHOLESALE NURSERY Pine tree for Storey Park x 1; Maple trees for downtown x 2 700.00 01 General Fund JONES & BARTLETT LEARNING LLC 220/Training Books, 10 Fire Dept Safety 757.12 01 General Fund JOSHUA SHACKELFORD Expense Report, J. Shackelford, Honor Guard for Funeral, Mod 127.50 01 General Fund K9TACTICALGEAR.COM K9 Training Equipment - Elec Collar, Leashes, Muzzles - Qty9 610.99 01 General Fund KQXR, SJOT, KRVB, KTHI Block Party Radio Spots on 94.9 The River 8/28/17-9/9/17 710.00 01 General Fund KQXR, SJOT, KRVB, KTHI Block Party Radio Spots on J105 Idaho's Rock 8/28/17-9/9/17 790.00 01 General Fund L.N. CURTIS AND SONS 220/2 Aluminum Gate Valves 470.88 01 General Fund L.N. CURTIS AND SONS 220/2 double head adj hydrant spanner wrenches 107.07 01 General Fund L.N. CURTIS AND SONS 220/6 pr wildland tactical pants, stock 899.80 Date: 9/28/17 10:31:57 AM Page: 3 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund LAWN CO MAINTENANCE sprinkler repairs at various sites 706.33 01 General Fund LCA ARCHITECTS 17-0383, Courts Needs Assessment, Services 8/1/17-8/31/17 4,440.00 01 General Fund LEA ELECTRIC, LLC.220/Repair lighting at St. 1, under counter & logistics shed 149.34 01 General Fund LEVEL 3 COMMUNICATIONS, LLC.Level 3 Communications Telephone, Sept 2017, 268238-5 1,054.13 01 General Fund MERIDIAN CHAMBER of COMMERCE Lunch, C. Mulvihill, Chamber Luncheon, 9/19/17 15.00 01 General Fund MERIDIAN VETERINARY CLINIC Exam & Meds for K9 Wyatt 71.24 01 General Fund MICHAEL NETHERTON Expense Report, M. Netherton, Honor Guard for Funeral, Modes 127.50 01 General Fund MOORE & ELIA, LLP Courthouse matter 675.00 01 General Fund MOORE, SMITH, BUXTON & TURCKE Union Arbitration 2,180.00 01 General Fund NAPA AUTO PARTS 220/2 sets wiper blades for MF006, Air31 15.40 01 General Fund NAPA AUTO PARTS 220/E-31 ground lights, MF019 26.70 01 General Fund NAPA AUTO PARTS 220/Jumper cables for MF035 - qty 1 39.99 01 General Fund NAPA AUTO PARTS 220/Oil Dry, All stations 330.22 01 General Fund NAPA AUTO PARTS 220/WD40 qty3, Trans Fluid qty 3, Station 1 26.04 01 General Fund NATIONAL LAW ENFORCEMENT SUPPLY Evidence Drug Test Kits - Qty 30 621.29 01 General Fund NATIONAL LAW ENFORCEMENT SUPPLY Evidence Drug Test Kits - Qty 6 149.69 01 General Fund NESMITH BROTHERS TOWING Towed to Auction, Unit #8 Didn't Run 50.00 01 General Fund NESMITH BROTHERS TOWING Towed Unit #143 for Fuel Pump Repair 50.00 01 General Fund NORTHWEST HARDSCAPE SPECIALTIES brick leveling downtown 6,583.20 01 General Fund OFFICE DEPOT, INC.Laminated Twin-Pocket Folders - Qty 2 Boxes 82.78 01 General Fund OFFICE DEPOT, INC.Name Badge Labels - Qty 1 Box 29.19 01 General Fund OFFICE DEPOT, INC.USB, clips, markers, pens, mouse, rubber cement x 10 91.96 01 General Fund OFFICE TEAM Temp J. Hale w/e 9/1/17, 37 Hrs, Records Retention Project 677.47 01 General Fund OFFICE TEAM Temp J. Hale w/e 9/15/17, 39 Hrs, Records Retention Project 714.09 01 General Fund OFFICE VALUE - MERIDIAN Business Card Paper & Pens for PD - Qty 7 128.04 01 General Fund OFFICE VALUE - MERIDIAN Markers,Paper, Envelopes, Paperclips, Pens, Wipes, USBs 506.66 01 General Fund OVERHEAD DOOR COMPANY 220/repair solenoid garage door, st. 5 159.20 01 General Fund OXARC, INC.220/Medical oxygen, qty 1 12.40 01 General Fund PACIFIC BACKFLOW backflow preventor repairs at Tully Park 597.19 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for transfer tank 3 227.25 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for transfer tank 9; unleaded for truck/equip 398.97 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for transfer tank; unleaded for fleet truck 15 301.67 01 General Fund PAUL'S MERIDIAN STINKER Fuel for Ford Fusion, Lic# C18641 27.98 Date: 9/28/17 10:31:57 AM Page: 4 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for equipment 38.35 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 14 18.65 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 5 90.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded for equipment; super unleaded for fleet truck 18 84.12 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for equipment 13.15 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 11 111.06 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 14 58.90 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 18 82.14 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 2 74.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 4 80.50 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for Heroes Park equipment 109.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for recreation van 22.70 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for truck 15; diesel for transfer tank 290.14 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for truck 4; diesel for skidsteer 50.23 01 General Fund PEACEKEEPTER PRODUCTS INTERNATIONAL Peacekeeper Batons & Holsters for Patrol - Qty 99 6,820.53 01 General Fund REPCO MARKETING, INC.Life Loc Mouthpieces for Breathalizer - Qty 500 193.50 01 General Fund SAFE RESTRAINTS INC WRAP Restraint System including buckles, harness, straps, ba 1,362.12 01 General Fund SILVER CREEK Storey Park Tucor delivery freight 24.00 01 General Fund SOUTHERN COMPUTER WAREHOUSE Asus VA325H 31.5 LED LCD Monitor 1,967.20 01 General Fund SPECIALTY CONSTRUCTION SUPPLY 220/20 Traffic cones & bases for driver's course 520.00 01 General Fund STALLS AND STRIPES INC Storey Park sealcoating & striping 2,744.40 01 General Fund SYNCB/AMAZON 220/30 Leadership Books, From Buddy to Boss 1,917.30 01 General Fund SYNCB/AMAZON 220/5 Leadership books 92.73 01 General Fund SYNCB/AMAZON 220/9 Leadership books 166.77 01 General Fund SYNCB/AMAZON 220/Pub Ed Supplies, Puzzles,fire trucks,books,toys 302.33 01 General Fund SYNCB/AMAZON Cell phone case for Max Jensen 26.99 01 General Fund SYNCB/AMAZON Gaffer Tape - Qty 1 24.88 01 General Fund SYNCB/AMAZON metal form holders for adult sports - qty 10 369.90 01 General Fund TABATHA ANDERSON Traffic Box Wrap Award for Artwork Titled 'Tabatha Anderson' 50.00 01 General Fund TATES RENTS (GENERAL OFFICE)fuel cap for hedge trimmer - qty 1 6.15 01 General Fund TATES RENTS (GENERAL OFFICE)Gene Kleiner Day chair rentals 9/16-9/18/17 283.60 01 General Fund TATES RENTS (GENERAL OFFICE)generator rentals for 2017 Block Party 9/9/17 189.99 01 General Fund TATES RENTS (GENERAL OFFICE)tents & stage rentals for 2017 Block Party 9/9-9/11/17 1,211.37 01 General Fund THE UPS STORE Postage for Evidence 43.41 01 General Fund THE UPS STORE Postage to mail Evidence to lab 18.00 01 General Fund THE UPS STORE Postage to Return SWAT Belts 28.44 Date: 9/28/17 10:31:57 AM Page: 5 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund THE UPS STORE Postage to send Evidence to Lab 85.22 01 General Fund UNIFORMS 2 GEAR Officer Simon Cargo Pants Replaced, Damaged on Duty 82.50 01 General Fund UNIFORMS 2 GEAR Patches on New Motors Jacket for J. Simon - Qy 8 45.98 01 General Fund UNIFORMS 2 GEAR Shirt with Patches for S. Garza's SRO Duty - Qty 1 80.70 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 742047228-00001 Parks HPN Modems FY17, 8/2/17-9/1/17 142.06 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00001 Data, 8/21/17-9/20/17 1,144.50 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00002 Cellphones - 8/21/17-9/20/17 7,295.19 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00003 Mobile Devices - 8/21/17-9/20/17 179.70 01 General Fund WEIDNER & ASSOCIATES 220/12 streamlight flashlights & batteries for new recruits 1,239.25 01 General Fund WEIDNER & ASSOCIATES 220/Credit invoice #115003 (35.75) 01 General Fund WEIDNER & ASSOCIATES 220/Handle for Gate Valve, never received, credit to follow 35.75 01 General Fund WEIDNER & ASSOCIATES 220/PPE 24 Safety Vests 603.21 01 General Fund WW GRAINGER, INC 220/Batteries & light bulbs for St. 1 77.65 01 General Fund XEROX CORPORATION - PASADENA Xerox 7845 base fee 08/2017; click fee 8/11-9/15/17 629.14 01 General Fund ZAMZOW'S, INC Collar for K9 Unit 9.49 Total 01 General Fund 227,322.18 07 Impact Fund BRIGHT IDEAS LIGHTING COMPANY time lapse camera adjustments-R Huskey, K Bird, Hillsdale 150.00 07 Impact Fund D & B SUPPLY lag bolts for Reta Huskey Park bench - qty 63 1.73 07 Impact Fund KREIZENBECK, LLC 17-0416, 77 Acre Park Pre-Const Services Through 9/10/17 48,000.00 07 Impact Fund SILVER CREEK 5000 series Sam sprinklers for Hillsdale Park - qty 40 355.12 07 Impact Fund SILVER CREEK saddle & drain for Keith Bird Legacy Park - qty 5 139.98 07 Impact Fund VICTORY GREENS 10 feet of sod for Hillsdale Park 2.70 Total 07 Impact Fund 48,649.53 60 Enterprise Fund ARNOLD MACHINERY CO New seat & seat belts to replace old seat & seat belts on 183.81 60 Enterprise Fund ASSOC OF IDAHO CITIES AIC Membership Dues - 10/1/17-9/30/18, 2/3 GF & 1/3 EF 12,622.24 60 Enterprise Fund BHS SPECIALTY CHEMICALS 17-0142 Ferric Chloride 8,156.70 Date: 9/28/17 10:31:57 AM Page: 6 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund BHS SPECIALTY CHEMICALS Chemical to clean tertiary filters 58.00 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0122, Disconnect Notices 9/11/17 800.68 60 Enterprise Fund BOISE RIGGING SUPPLY Lifting eyebolts 35.06 60 Enterprise Fund BRENT BLAKE Per Diem, B. Blake, Intermountain AWWA Conference, Sun Valle 189.00 60 Enterprise Fund BROWN & CALDWELL 16-0248, 17-0343, WRRF Headworks Upgrade/Odor-Final Invoice 37,964.19 60 Enterprise Fund CARRIER CORP Maintenance service agreement for Lab chiller 376.50 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0256,five Mile Trunk/Water Rep. service 7/1-7/31/17 2,386.60 60 Enterprise Fund CLARICE BUTTERFIELD Refund, 0470000403, Wat/Sew/Trash, 1299 W Hitchcock St, Cust 33.74 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Parts to install wiring from generator to IO in PLC cabinet 170.56 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Parts to repair generator 1, generator bldg 5.45 60 Enterprise Fund COMPLIANCE SOLUTIONS & CONTRACTING Manhole N12-581 & O12-285 repairs at Franklin & Meridian 7,467.50 60 Enterprise Fund CONCRETE CONSTRUCTION SUPPLY,Mag Float, Round Trowel Qty 2 86.95 60 Enterprise Fund CSS GROUP Digline Translore Monthly Service Fee 8/1 to 8/31/17 Qty 971 185.00 60 Enterprise Fund CUES Camera cable to replace broken cable 7,762.38 60 Enterprise Fund D & B SUPPLY 1 1/4 Open End Wrench Qty 1 29.99 60 Enterprise Fund D & B SUPPLY Credit for Duplicate Invoice #38219-2017 (50.97) 60 Enterprise Fund D & B SUPPLY HItch Extender, Male Hose Mender, Lock & Hitch Pin Qty 27 50.76 60 Enterprise Fund D & B SUPPLY Safety boots for Karen Wolford 42.30 60 Enterprise Fund D & B SUPPLY Safety boots for Kathi Buttars 84.99 60 Enterprise Fund DAVE EVANS CONSTRUCTION Refund, Surety-WAR-2015-0041, Heron Village Apt, Warranty Su 25,240.00 60 Enterprise Fund DC ENGINEERING 17-0405,Meridian WWTP Primary Elect.System, Serv Thru 9/15/1 31,250.00 60 Enterprise Fund DC ENGINEERING Water Scada Maint. Well Sites 12&24 Modem Pro 598.75 60 Enterprise Fund DJW PROPERTY MANAGEMENT Refund, 1820019801, Wat/Sew/Trash, 2860 N Villere Ln, DJW Pr 49.76 60 Enterprise Fund DONALD & GAIL LANE Refund, 1616363204, Wat/Sew/Trash, 147 W Sedgewick Dr, Custo 35.74 60 Enterprise Fund E.H. WACHS COMPANY HC-100 Com Module Replacement Qty 1 178.09 60 Enterprise Fund E.H. WACHS COMPANY HC-100 Rechargeable Battery Replacement Qty1 212.06 60 Enterprise Fund ERIC & ZORNITZA JOHNSON Refund, 1522160402, Wat/Sew/Trash, 1661 W Bearden Ct, Custom 157.82 Date: 9/28/17 10:31:57 AM Page: 7 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Replacement of Cradle Point Antenna & Install C13732 148.00 60 Enterprise Fund FASTENAL COMPANY 5/8-11 Brass FHN/Nuts, Drop Cloth Qty 232 313.77 60 Enterprise Fund FERGUSON ENTERPRISES INC.Mueller Short Leg Brass Meter Setter Qty 16 3,965.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Pipe to install water service to lab grounds irrigation 137.51 60 Enterprise Fund FISHER SCIENTIFIC Air filters (trace metals)351.28 60 Enterprise Fund FISHER SCIENTIFIC Composite sampler tubing 1,191.36 60 Enterprise Fund FORSGREN ASSOCIATES, INC.17-0230, N Penngrove Way Main Water, Serv Thru 8/25/17-Final 1,865.75 60 Enterprise Fund GLASS DOCTOR Labor for windshield replacement on Pretreatment truck 274.54 60 Enterprise Fund H.D. FOWLER COMPANY 90 Degree Elbow Qty 8 30.96 60 Enterprise Fund I.C.R.M.P.ICRMP Insurance Premium, 10/1/17-9/30/18, 1st Payment 38,073.91 60 Enterprise Fund IDAHO DEPT ENVIRONMENT QUALITY Registration, 4 Employees, WW Filament Class, Boise ID, 10/3 1,540.00 60 Enterprise Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas September 2017 2,011.83 60 Enterprise Fund JACK HENRY & ASSOCIATES INC Bank Fees, August 2017 641.33 60 Enterprise Fund JIM & DONNA DISHON Refund, 6600015903, Wat/Sew/Trash, 6514 N Lonicera Way, Auto 44.77 60 Enterprise Fund JOHN TAYLOR Refund, 2403050405, Wat/Sew/Trash, 834 N Tall Pine Pl, Title 59.31 60 Enterprise Fund KTURBO USA, INC.Kturbo metal frame air filters - qty 30 1,785.00 60 Enterprise Fund L2 EXCAVATION, LLC.17-0312, 17-0379, Sewer main Rep., E Williams, Retainage-Fin 4,369.94 60 Enterprise Fund LISA SIKORSKI Refund, 3030601202, Wat/Sew/Trash, 1075 S Spoonbill Ave, Tit 144.23 60 Enterprise Fund LOOKOUT INVESTMENTS LLC.Refund, 1733371003, Wat/Sew/Trash, Customer Paid After Closi 33.74 60 Enterprise Fund LUIS & JOY LANDALUCE Refund, 2251026204, Wat/Sew/Trash, 532 E Broadway Ave, Credi 63.73 60 Enterprise Fund MOTION INDUSTRIES, INC Bearings to repair tertiary filter 3, tertiary filter bldg 1 153.06 60 Enterprise Fund MOTION INDUSTRIES, INC Tapered roller bearing - qty 2 215.23 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Antiseptic wipe, adhesive bandage & knuckle bandage 31.73 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Drill bits, clamps, air hammer, impact wrench, air hammer 1,248.04 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Fuse for generator 1, generator blg 10.09 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Hand railing 263.36 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Saw blades 177.08 60 Enterprise Fund MYFLEETCENTER.COM Oil Change C19983 53.59 Date: 9/28/17 10:31:57 AM Page: 8 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund NAMPA-MERIDIAN IRRIGATION DIST ACHD Water/Sewer Main Rep.Pine Ave Meridian Rd 9/13/17 175.00 60 Enterprise Fund NAPA AUTO PARTS Mini sylvania 259 automotive light bulb w/wedge - qty 10 6.80 60 Enterprise Fund NAPA AUTO PARTS Returned pry bar & 7pc wrench set - qty 2 (298.99) 60 Enterprise Fund NAPA AUTO PARTS Wd-40 Spray Qty 12 71.88 60 Enterprise Fund NELSON, GARRICK Per Diem, G. Nelson, Intermountain AWWA Conference, Sun Vall 189.00 60 Enterprise Fund OFFICE DEPOT, INC.2 toner cartridges for Dales printer 299.44 60 Enterprise Fund OFFICE DEPOT, INC.Staples, Correction Tape, Toner - Qty 3 103.85 60 Enterprise Fund OFFICE VALUE - MERIDIAN AA Batteries, Copy Paper, Post it, Binder clips Qty 9 66.53 60 Enterprise Fund OFFICE VALUE - MERIDIAN Certificate Covers - Qty 1 PK 10.99 60 Enterprise Fund OFFICE VALUE - MERIDIAN Copier paper, pens, file folders, staples, binder clips,610.81 60 Enterprise Fund OFFICE VALUE - MERIDIAN Copy Paper & Certificate Holders - Qty 6 101.14 60 Enterprise Fund OFFICE VALUE - MERIDIAN Copy paper - Qty 2 Cases 77.98 60 Enterprise Fund OFFICE VALUE - MERIDIAN Credit for wrong paper ordered - Qty 2, Orig Inv# 110186-0 (43.18) 60 Enterprise Fund OFFICE VALUE - MERIDIAN Hanging File Organizer Qty 1 8.89 60 Enterprise Fund OFFICE VALUE - MERIDIAN Planners, calendars, markers, copier paper 255.28 60 Enterprise Fund OXARC, INC.Citric acid granules 295.00 60 Enterprise Fund PARK PLACE PROPERTY MANAGEMENT Refund, 2595110302, Wat/Sew/Trash, 992 N Casa Loma Ave, Park 186.27 60 Enterprise Fund RACHAEL L. DAVIS Refund, 2403007805, Wat/Sew/Trash, 2222 W Jayton Dr, Custome 55.30 60 Enterprise Fund RIVERSIDE, INC.Baldor motor 1,920.34 60 Enterprise Fund ROBERTSON SUPPLY, INC.Repair Head Kit SD-M-2-PV Qty 2 2,394.00 60 Enterprise Fund SANDRA KASUMOVIC Refund, 1526020903, Wat/Sew/Trash, 2305 W Fieldstream Dr, Cu 46.47 60 Enterprise Fund SHARON JADYCKI Refund, 1840010802, Wat/Sew/Trash, 2667 E Apricot Dr, Custom 50.52 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Premix Concrete 80lbs Bags Qty 42 205.80 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Parts to install new water service to Lab grounds 10.96 60 Enterprise Fund SYNCB/AMAZON EMT Medic Bag Qty 1 84.60 60 Enterprise Fund TC SALES & SERVICE 17-0396 submersible chopper pumps - qty 3 38,046.00 60 Enterprise Fund THE UPS STORE Shipping for NPDES testing-twice per year event 331.48 60 Enterprise Fund TIMOTHY J. & JOLYN R. RASMUSSEN Refund, 0390026803, Wat/Sew/Trash, 5412 N Vercelli Way, Cust 72.05 60 Enterprise Fund TIMOTHY K. & MARY MILLER Refund, 3750021803, Wat/Sew/Trash, 2942 S Alfani Way, Custom 89.47 60 Enterprise Fund ULINE, INC.Parts to install bed rail system on Maintenance service 301.20 Date: 9/28/17 10:31:57 AM Page: 9 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund UNITED OIL Diesel fuel 1,315.29 60 Enterprise Fund UNITED OIL Oil 1,017.60 60 Enterprise Fund USA BLUEBOOK Hi-vis safety vest-size med & ashcroft liquid filled dial 149.06 60 Enterprise Fund USA BLUEBOOK Lens Wipes, Inverted Spray Paint Qty 6 190.86 60 Enterprise Fund USA BLUEBOOK Road runner ice melt 1,239.90 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00001 Data, 8/21/17-9/20/17 861.76 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00002 Cellphones - 8/21/17-9/20/17 2,252.00 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00003 Mobile Devices - 8/21/17-9/20/17 536.01 60 Enterprise Fund WESTECH Mixer parts for stock 1,228.92 60 Enterprise Fund WESTERN STATES AUTOMATION, LLC Rotok adapter to repair actuator valve, influent to tank 2, 449.14 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor & parts for semi-annual generator inspection on GEN#1 1,584.91 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor & parts for semi-annual generator inspection on GEN#2 1,398.48 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor & parts for semi-annual generator inspection on GEN#3 640.09 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor & parts for semi-annual generator inspection on GEN#4 640.09 60 Enterprise Fund WW GRAINGER, INC Hig cap pleated filters 106.32 60 Enterprise Fund WW GRAINGER, INC High cap pleated filters - Qty 12 59.28 60 Enterprise Fund WW GRAINGER, INC Trace metals sampler parts 915.44 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741285 monthly copier lease for Aug 2017 plus 243.37 Total 60 Enterprise Fund 256,115.19 Report Total 532,086.90 Date: 9/28/17 10:31:57 AM Page: 10 Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Mayor's Youth Advisory Council Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS October 3, 2017 Meridian Mayor’s Youth Advisory Council Update Collin Freese MYAC Updates Game Night at Homecourt ★TAC event lead by Jake Chambers ★Played bonding games ★MYAC’ers socialized and broke the ice Town Hall Meeting ★MYAC lead event ★Lead questions and timing for speakers ★Setup and teardown Treasure Valley Youth Safety Summit ★135 Students from different schools bonded together ★Inspirational Speakers ★Team bonding games ★Kindness can brighten anyones day Future Events Wednesday, October 11th 6PM -9PM Thursday, October 29th 6PM -9PM Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Solid Waste Advisory Committee: Community Recycling Fund Application for Catalpa Leaf Shaped Bench for the 77 acre South Meridian Regional Park MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City of Meridian Community Recycling Fund Application -S' AC SPONSORED .I+VIS PROJECT APPLICATION— This application is to be completed by individuals and organizations applying for funding from the City of Meridian Comunw-dty Recycling Program Fund (CRFP). This application must be completed in its entirety. Please use additional sheets of paper if necessary. Applicant's Name (individual, organization, company): Meridian Solid Waste Advisory Commission (SWAG) Address: 33 E. Broadway Ave.. Meridian. ID 83642 Co -Contact Names and Title: SWAC contact: Steve Cory: 208-608-853,3• stevecory-".com Staff contact: Mike Barton. Park Superintendent: 489-1561: mbarton(anieridiancitv.org I.- Describe the community recycling project you wouldlike to have supported. Provide as much detail as possible including any drawings. designs, and other infornration that help to fully explain the project: Purchase and install. in time for the 2018 grand opening.of Phasc One of the 77 acre South Meridian Reaional Park. one Catalpa leaf -shaped bench made from steel and recycled decking material. along with CRFP„sJ,-nage, for the ]rubric's use and eniovment. (SEE attached Exhibit A). 2. Describe how this project will benefit the community.- Citizens ommunity:Citizens of South Meridian are recvclers like so many of Meridian's citizens. however. all... of the previously awarded CRFP funds have gone to projects -north of 1-84. For the first time. this project, if approved,,will„promote the €r€a€ly benefits of recycling and the CRFP _by. adding a public hark amenity (bench seating) for the general public's use a€rd enioyment as Bart of„Phase One of 77 acre South Meridian Regional Park. The bench will be paid for with revenue generated exclusively from the City's curbside rec yclin� program and have promotional simnage to that effect. The bench will be made from recycl_e_d€materials and have an educational theme celebrating nature and the environment. The Fund will a y for one bench in the shal2e of a Catall2a leaf that will be patt of a group of benches celebrating various. native leaves/trees to which the Parks Department and. the Meridian Arts COrninission are also „contributing funds. The Parks Department is .in charge of the tinning of the ordering and installinc of the benches pricr to the park's grand opening; 3. Describe the recycled materials to be used including manufacturers information if applicable. Bench is to be made from steel and recvcled decking material. SWAC's CRFP Project Application for "Catalpa Leaf” Bench 4. Funding Request: The CRFP Fund balance as of August 23.2017: $39.9$6.53. Total funds requested: $2,756.00; Total estimated cost of project: $2,756.00. Any unused funds will be returned to the CRFP. 5. Describe how the community recycling funds will be used, the schedule for the project, and how the snatching contribution will be determined if applicable: The Parks Department is planning to purchase and install several benches in the shape of native leaves/trees to celebrate nature and the environment as part of Phase One of the new 77 acre South Meridian Regional Park scheduled to open in the fall of 201 S. The benches will be part of a planned educational nature walk. The benches are to be made of steel and recycled decking material. SWAG reguests that Cily Council apaLQve the funding of one of these benches (shape of a Catalpa leaf} from the Community Recygling Fund, with the appropriate signage to be affixed to the bench. If this application is approved, in other words, the Parks Dept. will be reimbursed for one (1) bench from CRFP funds. The bench installation is to occur in time for the Phase One grand opening of the park. Describe the signage or other method of recognition that will be used to acknowledge the Community Recycling Fund, (plaque, standing sign, etc), and the location. Submit a drawing or design for the proposed signage to be used. The Parks Department has a template for the CRFP signage which has been apDroved and used on previously CRFP funded and installed benches. (See attached Exhibit B). Signature of Contact Person` DateC��f (We must have a signature to proces our request) EXHIBIT B PROPOSED SIGNAGE Signage would be designed to look like the Parks and Recreation Pathway signs and could include the following language, albeit edited. FUNDING FOR THIS BENCH AT SOUTH MERIDIAN REGIONAL PARK WAS PROVIDED BY THE MERIDIAN COMM -UNITY RECYCLING FUND. Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: Request for Appeal to Board of Adjustment Decision (BOA 2017- 04) by Merlin Slyter 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 E IDINA.0-1.1R1- IDAHO CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts Notice of Hearing for Limited Appeal of Board of Adjustment Decision 2017-04 NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on October 3, 2017 for the purpose of reviewing and considering the matter set forth in the Request for Limited Appeal of BOA Decision 2017-04 filed by Mr. Merlin Slyter. Each party to the appeal may make a brief statement to the City Council. No new evidence shall be presented; the City Council shall decide the matter upon consideration of the record of hearing before the Board of Adjustment. The public, though welcome, shall not be invited to submit testimony. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED September 22, 2017 C JAY C LL S - CITY CLERK FILE NUMBER BOA 2017-04 City of s SEa+ Jy 4 •F. City Clerk's Office 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 Fax 208-888-4218 www.meridiancity.org A. I I11110M.111 1114 lix)(11 =I113MI IF W! I ItV 01111 DWI Notice of Appeal Foran C?3- Re! (304 7-o'-7-0 Pursuant to Title 2, Chapter 7, Section 7, of the City Code, there is a limited right of review by the City Council to customers who receive adverse decisions by the Board of Adjustment and believe that the decision was not based upon substantial evidence and/or erroneous statements of law. This Notice of Appeal form and a cash or check deposit in the amount determined by the board of Adjustment to be due and payable east he filed with the Meridian City Clerk's Office within three (3) working days of the conclusion of the hearing when the adverse decision was rendered or your right to appeal will be waived. Hearant's Name: IV1e'r h;" Sly I-egr Account Number: 4414 0 0 -506--C)( Account Address: 3 4 4 0 S. Me G- L,6m 5? Z Telephone number: 0$3--4i -L1:: (3 n Email ddress mp fi,Aq, a {rco7 !n:le,60 , c,w, Mailing Address if Different from above Address: Advisor or Other Legal Representative: Address: Telephone Number: Names of Other Interested or Involved Persons: Address: Telephone number: 45-02 W . -&-(G_,ou, Si-. ZrA k. (33&3 Email Address: Email Address: Statement of the Basis for this Appeal Including the Amount in Dispute and the Hearant's Specific Objections to the Board of Adjustment's Decision and Findings of Fact and / Conclyyusions of Law (use the back of this form if more space is needed): e,,,, -,-rz( tLiT%G/, Date Subtrn c d r r Signature /4 The City Clerk shall schedule this appeal for hearing before the City Council within thirty (30) days and provide notice of such hearing to the Hearant and to all known interested or involved parties. 1) A non -codified City billing procedure was applied to my account which differed from standard City practice. This is an uneven and unfair dealing with my account, contrary with the stated intention by the City "to provide fair billing to customers for water and sewer services". 2) As well, a standard within City Code is no longer valid, and was used in the decision by the Board of Adjustment. 3) Further, raising the CCA, or "winter average", from zero in my situation to any higher billed volume is not authorized by the language, as written, in City Code, which would therefore place the burden on the City to prove higher sewer use. TO CONTINUE, WITH MORE DETAIL I thought back through the dialogue at the meeting, and realized that a, or the, primary reason for my request for hearing by the City of Meridian Board of Adjustment (Board) was not satisfied. 1) Common City practice has been to adjust the CCA downward on an account when the user demonstrates to Utilities Billing and/or to Public Works that a lower use is actual and correct. The final decision by the Board, however, was to default the sewer use to the (higher) "average winter residential water use in the city" of 6,500 gallons. 1A) When adjusted lower, the CCA is maintained automatically until a change of occupancy occurs, instead of requiring monthly, or occasional, verification by the user. For the best of intentions, to protect the City against large, unbilled usage, the Board decided to reset the CCA to a high, default volume, contrary to the demonstrated low, or zero, volume use. One reasoning that was given was that the history on the account, referring to a previous tenant, showed the propensity of using 10,000 gallons monthly. However, and again, common practice by the City has been to not use a prior account's history to influence the projected billings on the current account for the residence. 2) Section 9-4-24 of Meridian City Code states that "average winter residential water use in the city ... is six thousand five hundred (6,500) gallons per month". Note that the words in the quotation are not capitalized, indicating that this standard is not a particular, named item from some published source. Thus the standard should, in fact, be the average winter residential water use in the city. As presented at the Board of Adjustment Hearing, the standard given in current City Code is of an unknown age, set likely fifteen years ago, and the most recent three-year average is four thousand six hundred (4,600) gallons per month. 3) Simple mathematical calculation of the "winter average", or CCA, on my account over the 2016-2017 winter was zero. No change of occupancy occurred during the winter months to invalidate the calculation. Billing for sewer use in the months following, as prescribed by City Code, therefore should be zero, until a change of occupancy occurs. It may be reasonable for the City to send notice expressing concern and ask if zero sewer use is correct when water use is thereafter measured, but a reasonable explanation by the owner/user should suffice to keep the CCA at zero. Since the City is not authorized by City Code in this situation to unilaterally raise the CCA, and since my explanation of vacancy at the residence is a reasonable explanation of zero use, the burden to prove sewer use lies with the City, not the other way around. A fair monetary adjustment was decided upon and offered by the Board. However, additional burdensome procedures were placed upon me, uneven handling of my situation compared to common City practice, and common City practice not authorized by City Code cause me to challenge the decision of the Board. I hope to retain the monetary adjustment decided upon by the Board, but more importantly, I hope the City Council will clarify, expand, and correct City Code to direct (and properly authorize) City departments to more uniformly and fairly administer City business. Merlin Slyter 208-922-9130 Re: Appeal of BOA 2017-04 3940 S. McGuire St. Meridian, Idaho 83642 E IDIAN- CITY OF MERIDIAN BOARD OF ADJUSTMENT BOA 2017-04; Hearing Date: September 6, 2017 DECISION OF THE BOARD OF ADJUSTMENT AND FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF DECISION Name of Hearant: Merlin Slyter Account Number: 44400300-01 Account Address: 3940 McGuire Street, Meridian, ID Mailing Address: 1502 W. Balboa Street, Kuna, ID 83634 Name of Presiding Board Members: 1) WilliamNary (2) Tom Sauer (3) Dale Bolthouse City Attorney Citizen -Chair Public Works Director Name, Address, and Phone Number of Person(s) Presenting Testimony on Hearant's Behalf: Merlin Slyter, 1502 W. Balboa Street, Kuna, Idaho 83634 Name and Position of Person(s) Appearing for the City of Meridian: Karie Glenn, Meridian Utility Billing Supervisor; Kyle Radek, Assistant City Engineer, Andrea Pogue, Deputy City Attorney Written Materials Submitted in Support of the City's Position: The bound exhibit packet submitted by the City of Meridian. List Names of Others in Attendance and any Written Materials Reviewed/Submitted: The letter submitted with the Hearant's Request for Hearing and a supplemental letter dated September 6, 2017 were entered into the record and reviewed by the Board. Brief Description of the Dispute Including the Amount at Issue: The Hearant asserts that his sewer use charge during 8 -month period following March 15 is not being based on the winter average as prescribed by Meridian City Code, section 9-4-24." Decision of the Board of Adjustment: It is the decision of the Board that the Hearant receives the following adjustment: 1) Billing adjustment for sewer charges currently on the account (credit back $16.62h 2) Revert the CCA back to 6500 gallon default; and 3) Future sewer usage charges can be waived while the property is vacant. Findings of Facts upon which the Decision is Based: The Hearant testified that the property was rented in 2016, but has been vacant since September 29 2016. There was no water usage upon which to calculate a winter average (CCA) from November 15, 2016 to March 15, 2017 for the 2017 summer season. A default CCA of 6,500 alglons (the cap for summer sewer charges) was set pursuant to MCC 9-4-24. The Hearant queried the Utility staff regarding his CCA and it was reset to 1,000. The Hearant believing that the City incorrectly calculated his CCA requested this hearing. The Hearant further testified that, but for a handful of Decision of the Board of Adjustment and Findings of Fact and Conclusions of Law in Support of Deci sic n—Slyter Page 1 of 2 times that the toilet mgy have been flushed while cleaning u , all delivered water this summer was applied outside of the home. City water is used to irrigate this property. The meter readings for delivered water support the Hearant's testimony. Public Works staff testified that there is precedence in the case of vacant homes without pressurized irrigation to allow for a sewer adiustment The Hearant has received sewer user charges in the amount of $16.62 this summer. The City staff testified that had the Hearant requested a sewer adjustment on the basis of home vacancy that it would have been granted administratively. The Hearant testified instead that a sewer adjustment is required because according to his reading of MCC 9-4-24. his CCA should have been set to zero since there was no water usage during the winter month period from November 15 to the following March 15 last year. Based upon the Hearant's interpretation a zero CCA would then yield zero sewer user charges during the summer season including in his case, a sewer adjustment for what's been billed thus far. Staff pointed out that er Resolution 14 -1018 -Billie Rates & Fees. the City's minimum charge is "1' (or 1,000) not "zero." Public Warks staff also testified that the City's goal is to provide fair billing to customers for water and sewer services. The question the winter average seeks to answer is "what is the customer's non -nal sewer usage when they occupy the residence," not "what is the customer's normal sewer usage when the residence is vacant." The fairest billing practice is to establish a realistic winter average based on the customer's historic usage however, when no usage is available MCC 9-4-24 establishes the CCA of 6500 which is the average winter residential water use in the city unless the current water meter reading is less than 6,500 gallons. In that case the sewer user charge is based on actual metered water use. The Hearant testified that is a misinterpretation of the section because home vacancy is not specifically listed to receive the default CCA of 6500 gallons in the absence of winter usage unlike "new owner, anew occupancy, or a change in occupancy" are specifically listed. Staff testified to the effect that the Hearant's interpretation is overly narrow and yields a result (free sewer usage) that contradicts the basic premise that users should be fairly charged for services received. Conclusions of Law Supporting the Decision including City Code or other Authority: MCC 9-4-24 states: "The monthly sewer user rates for sanitary.sewer service in the ct are based on gallons of water used as determined by the water meter readings. Residential homeowners' sanitary sewer user charges will be based on the actual water recorded for monthly water meter readings during the period of the year froze. approximately November 15 to the following March 15. For the following eight (8) month period, the average month) readingeading for the period of November 15 to the following March 15, termed the "winter average", shall be the basis for the monthly sew user charge. However, if the actual water use recorded for gny billing period between March 15 and November 15 is less than the preceding "winter average", the sewer user charge will be based on the actual water use. Also, provided, however, where there is a new owner, a new occupancy, or a change in occupancy, such as in the case of sale or new residence construction or sales of existing residences, between November 15 and March 15, the sewer user charge shall be based on the average winter residential water use in the city which is six thousand five hundred(6,529)-gallons per month unless the current water meter reading is less than six thousand five hundred (6,_500) gallons. In this case, the sewer user charge will be based on actual metered water use..." After reviewing all the evidence submitted including the Hearant's letters. the contents of the bound exhibit packet submitted by the City of Meridian including, but not limited to, MCC Title 9-4: 1, 21.23. and 24, Resolution 14-1018, the Public Works Dept.'s memo on Sewer Billing for Residential Accounts with no Winter Usage, the account billing history, and all testimony_ presented at the hearing, as well as the findings of fact made, the Board concludes as a matter of law that the intent of MCC 9-4-24 is to give direction how sewer user charges are to be calculated generally, not Decision of the Board of Adjustment and Findings of Fact and Conclusions of Law in Support of Decision —Slyter Page 2 of 2 exhaustively. The Board concludes as a matter of law that MCC 9-4-24 does not set out a finite list of circumstances when the default CCA of 6,500 gallons is to be applied. To interpret this section as narrowly as proposed by the Hearant would be to allow some sewer users free service to the detriment of all rate payers. This contradicts the goal of the City to bill fairly and equitably for water and sewer services. However, on the basis that the Hearant's property was vacant and uses City water to irrigate, the Board directs that the Hearant is entitled to receive a billing adjustment for sewer usageges currently on the account (credit of $16.62) and that future sewer usage charges can be waived while the property is vacant. The CCA set for the Hearant's 2017 summer season should revert to the default CCA of 6,500 gallons per MCC 9-1-24.This decision is based upon the evidence submitted, testimony received, and the findings of fact and conclusions of law as Rt,gtP,Ci . Yes/No Did the Board of Adjustment orally present this decision to the Hearant prior to the conclusion of the Hearing? Yes/No Did the Board of Adjustment orally inform the Hearant of the Right to Appeal the Board of Adjustment and give instructions as to how to proceed? Signature Al rming this Decision: ale olthouse Public Works Director Decision of the Board of Adjustment and Findings of Fact and Conclusions of Law in Support of Decision—Slyter Page 3 of 2 z Board of Adjustment Request for Hearing: Merlin Slyter Ettember 6, 2017 t City of Meridian Board of Adjustment Request for Hearing Merlin Slyter September, 2017 City of Meridian Exhibit List - BOA 2017-04 1 Request for Hearing 2 Notice of Hearing and Certificate of Service 3 Summary of Property; Meridian Utility Billing Records 4 Meridian City Resolution 14-1018 — Water and Sewer Billing Rates & Fees 5 MCC Code Title 9 Sections with narrative from Public Works Department 6 Meridian Utility Billing Water and Sewer Questions & Answers Sheet 7 Notice of Appeal; Form 01 RF CR T VR s AUG' L1 9 201? C VL E IDIANV CiTYOFC f6 ave CITY OYMEWWW BOARD OF ADJUSTMENTJSTMENT Request for Hearing Farm Pursuant to Title 2, Chapter 7, Section 6, of the City Code, an authorized water and/or sewer user may request a hearing before the Board of Adjustment regarding any dispute, appeal, or objection related to his/her account, billing statement, and/or permit including, but not limited to, non-payment and shut-off of water service (pretermination hearing), assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by Title 9 of the City Code regarding water and sewer use and service. You have the right to be represented and/or accompanied by an advisor or other legal representative at the Hearing, Please complete and return this form to the Meridian City Clerk's Office if you wish to request a Hearing before the Board of Adjustment, HeArant's Name: 1, 5 Account Number: yy q 0 0 3 00 / Account Address: Vic% 1f /J S /'i9 c Cy ti +SAV Z',lc,-4(2 Telephone number: 2.08-92-7-Y/36 Email Address: ,We.^ccsc`-.&e (WV J ec) ?, Mailing Address if Different from above na f<< C2 Address: Advisor or Other Legal Representative: 411,14 Address: I' Telephone Number: Email Address: Names of Other Interested or Involved Persons: Address: Telephone number: Email Address: Brief Description of the cu e r' u&.L- C -f1z utn"1 g•-ina g n ne r ,' o d `14,w lh 5 Dispute or Objection: a r^ /5- sq< 1<`e rod. e._A;u-M -Zyq- attach paper if more space required) Date Submitted: AIL4 its Zo / Signature: The City Clerk will mail a Notice Of Hearing listing the date, time, and place this matter will be heard by the Board of Adjustment to the Hearant and to all known interested or involved parties in addition to the general notice provisions of the Idaho open meeting laws, ION 1502 W. Balboa St, Kuna,ID 83634 August 7, 2017 Re: Account #44400300-01 at 3940 S. McGuire St., Meridian City of Meridian 33 E. Broadway Ave„ Suite 106 Meridian, Idaho 83642 Dear City of Meridian: The Utility Billing Department is not following City Code and is overcharging on Sewer Use charge in one certain circumstance, and on my account. I find the Code section clear enough, and follow the language of Section 9-4-24.A.1 for the "minimum sewer charge" to City Council Resolution 14-1018, to determine that my sewer -related bill for under 1000 gallons of use to be the base rate of $8.65 plus the EPA fee of $3.75. The Utility Dept„ however, is also charging me a Use Fee for the same volume as the Water Usage, which in this case was 3000 gallons. In fact, statement has been made that I could be charged the average -for -the -city water use volume of 6500 gallons, since "a winter average has not been established". Points are raised by the City's Legal Dept. that other considerations are involved, that infrastructure costs must be paid, that the billing software does not recognize zero usage for the sewer (when there Is water usage measured), However, the City Code is clear, and my review shows that the writers did note their intention to cover infrastructure costs, as well as growth needs, within the fees as proposed and published when the Rate Schedule was updated 09/20/2014, Meridian City Code section 9-4-24 states: Residential homeowners' sanitary sewer user charges will be based on the actual water recorded for monthly water meter readings during the period of the year from approximately November 15 to the following March 15. For the following eight (8) month period, the average monthly reading for the period of November 15 to the following March 15, termed the "winter average", shall be the basis for the monthly sewer user charge. Zero gallons of use was established as the winter average on my account, as shown on the attached statements, This is a straight -forward and valid mathematical computation, and is prescribed by the above City Code section. The following sub -section 9-4-24.A.1 leads to Resolution 14-1018, and its included Exhibit A, Monthly Billing/Usage Chart -2014 [the current Rate Chart], In the top four lines of the Rate Chart, the Sewer Billing Rates Base Fee and Use Charge are defined as $8.65 and $5.54 respectively. (See Note 1 below.) A minimum charge, per se, is not set, but is described within the immediately following examples. The instructio6s read, "By using the chart below ... locat[e] the total gallons of water and sewer you use each month and add[] the totals in the New Rate" columns and the "Compliance Fee" column together". For any use from 1 to 999 gallons, the New Rafe is $8.65 and the Compliance Fee is $3.75. The only possible or logical row in the example from which to determine the fee for zero gallons use is that first row, not the second row, 03 I expect that my situation represents a rather small subset of utility users. Nonetheless the City Code clearly states that the winter average shall be the basis for sewer charges when it is established. I suppose that the City could and should bring action if it feels and has evidence that a user has manipulated the Code for an unfairly low fee. The default calculation, however, should be straightforward math. Note 1: In the current Rate Chart, which is the go -to document for water and sewer rates, the dollar charges are given without referencing a water volume unit of measure. While the water volume unit of measure can be inferred from the examples, examples are illustrative and for clarification, and should not be needed to, in fact, define the "Rate". "Rate" is necessarily one unit per other unit, and the unit(s) of measure should be stated at the initial statement of the Billing/Usage Chart, Note 2: In my home's area of service, water and sewer are billed in 100 -gallon increments. I understand that Meridian's system and technology also allows for that level of measure. Creating a winter average from four months usage using a unit of measure of 1000 gallons, necessarily generates a valid quarter -unit, or 250 -gallon, reading. Had I used even up to a total of 3000 gallons over the four winter months, I would have stayed on the first row of the Rate Chart example. This logic further invalidates the City's current argument, and points to the value of using the greater precision available. Thank you for your fair and impartial consideration, and prompt reply. Sincerely yours,! Merlin Slyter Encls: Meridian Adjustment Request Form City of Meridian Board of Adjustment Request for Hearing Form my billing account statements (six) ADJUSTMENT REQUEST FORM Completing this form, requests a review of your utility account only, it does not promise, imply or guarantee that an adjustment will be granted. It can take 2-4 weeks for a decision determination. You are still required to pay your bill on your regular due data Ifyou need to make arrangements, please contact our office. Customer Name: Account Number: iAddress: 3% Yo S Ae' 6 u i`, SY-, . //FL r /V'A" T1 0:56 4 z Customer Contact #: `Z67 8 `- ? x --Z-- t/ /3 c9 Date Submitted: --u `7 - 0 / Date the leak was found: a7 -05'- Date y5`- Date the leak was fixed: 62 IDENTIAI, OWNER COMMERCIAL RENTER YES NO Did you have the Water Department check your meter for a leak? 1\116 If there is a leak, do you know where the leak is located? Is the leak repaired? Ifyes, please attach any receipts from the repair. Ifyou know where the leak was located, please describe below. Adjustments will not be considered until the leak has been repaired, f! hlj,5 S e vrx ndi i <4 secvQ Lr c2 ncz of cwv -f 9.00 ('Z'ro) 4e6c, Ci% d ,J t LL 4 W/`04 i j- ' s4,11 4- J (7 c t Tcri J Ln crn '7 y its r t, s -e r hu A&— sx '. tJCS-a ` t%7 -Q-- t' ac ray z S°`tra9 / /1e A rz r c l/ops , e.) k,' 4. voll` 0 6?v Please send your request 6 email to y or mail to: City of Meridian, Utility Billing * 33 E Broadway Ave, Suite 106 * Meridian, ID 83642 iF P, 'Ir - t . -7 S-, 04 I City of Meridian - Utility Billing Contact information Is available on theWEIDIAN''- back of your statement For Phone Payment Call 1-844-756-3743 I D AFI 0 Statement No: 430710 Billing Account Account Detail Account Summary Date: 07/05/2017 Water Base Fee 5. 49 Water Usage S. 70 Previous Charges 35.74 Account: 44400300-01 Sewer Base Fee 8. 65 Payments - Thank yowl 35.74 Winter Average 16, 62 Adjustments 0,00 Period: 06/06/17 to 07/05/17 TraEPA sh Service 11. Fee 3. 97 Past Due Balance 0.00 Bill To: Slyter, Merlin Cart Service 1. 06 Current Charges 58.06DisposalService4, 76 Cart/Container Tax 0. 06 Past Due Balance 0.00 Location: 3940 S Mcguire St Current Charges 58. 06 Current Balance 58.06 Current Charges Due: 07/20/2017 Go Mobile to Pay Online! Use your mobile device to scan this QR code, then f follow the link, and select iae4-1q Pay My Utility Bill. 7-11-17 -S" 12-.-, fa9ill iwal, d t 7-11-t -7 IZ, z 7 r" rZ .'// fit. 14 A A,(-- fo Meter fieadings Annual Usage by Mon Year Over Year Usage Comparison Date Reading -124'sofgals Date Usa a Usage Days Avg/Day, Current: 06/20/17 274 20 06/20/17 3000 33 90 Previous: 05/18/17 271 1z 06/20/16 24000 33 727 Difference: 3 Water Usage: 3000 (3x1000) o 5-,9.06,, Z Sewer Usage: 3000 (CCA) N N m 9 5 N m 9" 9 Meter ID: 77170375 0 0 0 0 a o o o Reading pates Meter readings are in 1000's Usage is measured in 1000's of gallons of water Usage divided by Usage Days equals Avg per Day Is- xei9bor od planning to celebrate National Night Out, Tuesday August 1st 2017? Register at: meridiancity.org/nnoregistration for a visit from Meridian Police, Fire and elected officials. Contact Stephany Galbreaith, Crime Prevention Specialist Please detach and return this remittance with your payment. Please make checks payable to City of Meridian. 26928 Meridian Utility Billing 33 E Broadway Ave, Suite 106 Meridian, ID 83642-2619 4440030001005806003574005806 SLYTER, MERLIN 1502 W BALBOA ST KUNA ID 83634-2970 05 5-91j Statement No.: 430710 Account No.: 44400300-01 Statement Date: 07/05/2017 Current Charges Due: 07/20/2017 Current Charges: 58.06 Past Due Balance 0.00 Total Amount Due: 58.0 City Of Meridian PO Box 670 CALDWELL, ID 83606-0670 100030-0011030 1.9 PIAASA rhP.fk thR hnY if Ahnva address Is InwrrAnt Provids nnrmnflnnn flit rnvBrsA side of thio rAMlttanf:A WIE IDIAN IDAHO 6llling Account Date: (04/05/2017 Account: 44400300-01 Period: 03/06/17 to 04/05/17 Bill To: Slyter, Merlin Locat' 3940 ulre Go Mobile to Pay Online! Use your mobile device to Qr ''- scan this QR code, then,` follow the link, and select Pay My Utility Bill. 0 Meter Readings Cab Reading Current: 03/20/17 271 Previous: 02/21/17 271 Difference: 0 Water Usage: 0 Sewer Usage: 0 Meter ID: 77170375 Meter readings are In 10001. W City of Meridian - Utility Billing Contact information Is available on the back of your statement For Phone Payment Call 1-844-756-3743 Statement No: 315661 Account Detail 315661 Account Summary 44400300-01 Water Base Fee Sewer Base Fee 5, 49 8 65 previous Charges 35.74 EPA Fee 3.75 Payments - Thankyoul 35.74 Trash Service 11. 97 Adjustments 0.00 Cart Service 1. 06 past Due Balance 0.00DisposalService4. 76 Cart/Container Tax 0, 06 Current Charges 35,74CurrentCharges35.74 Past Due Balance Current Balance 35.74 Current Charges Due: 04/20/201 Annual Usage by Month 1Qag0's of gals 20 1s oZ 8 1 1 11 11 m m m m m m m m W 0 t- r- 77 m N m o N ai o m w m w N o Reading Dates Usage is measured In 1000's of gallons of water 0 Year Over Year Usage Comparlson( Date Usage Usage Days Ayq/Day 03/18/16 600027 divided 28 214 SPRING IS IN THE AIR Beginning with your May billing, the sewer charges will reflect the "Credit Calc Average" that is being estab- lished for your account, This calculation uses your winter water average to set a maximum consumption for your sewer charges during the Spring, Summer and Fall. Should you have additional questions regarding this process, please visit our website at www, meridiancity.org\utility_billing or call us at 888-4439 Please detach and return this remittance with your payment, Please make checks payable to City of Meridian. ss=e IIIIInIYlll llll'IhGl n Meridian Utility Billing 33 E Broadway Ave, Suite 106 Meridian, ID 83642-2619 4440030001003574003574003574 SLYTER, MERLIN 1502 W BALBOA ST KUNA ID 83634-2970 Statement No.: 315661 Account No.: 44400300-01 Statement Date: Current Charges Due:r 04/2 012017 Current Charges: 35.74 Past Due Balance 0.00 Total Amount Due: 35.7 City Of Meridian PO Box 670 CALDWELL, ID 83606-0670 0984840011528 0 N 00 ((D 0 00 \ l< 0` 0) 0 M. 0 M C m c a rr 7•Q33 M co (!) O O 7c iLl a 0 50 8 W _ NCCD L ` G CO W N . NM< O m ,4 Cl o D r0* N Cq 0 O ` n M n o (D o o C wRIM, w 0 K C() Q U 0 o'°'w-VCD D 0 roID @ (D < D CO tiO NSIM Cm c + N O V! 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O o omgm v 0 g 9o aQ. N O O 00 O p O (i P, 0 (D 0 c)dc-)--im(0gCID@0)@ oma rt0 N (D (mmol n Q n' ( D ( D (D d D (D (D m JI O •A -' --' W W CTi 4 O-lo(D-40)41 4 D)0)0)-4QIU1(0 p n n n nnD --u C= c -1 c m 03 (Dr- hm Q 5 0 ((] OCD U/ o (DON N C o C w N_ N a N (W11W W rnoornO d) l~ A N O (D W 010 o 0 D O" O -h W z o h 3 0 O_ IN C N 0 C N A<i w.l * (D 03 o w Vp (D W Oil Notice of Hearin NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Board of Adjustment of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 3;00 p.m. on September 6, 2017 for the purpose of reviewing and considering the matter set forth in the Request for Hearing filed by Merlin Slyter. Any and all interested persons shall be heard at said public hearing, although the public, though welcome, shall not be invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials should be submitted to the City Clerk prior to the commencement of the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED August 25, 2017 C.JAY COLE, } CITY CLERK 4Go r h'w City or 11131 A N ?'f I mio a, S'nL 4 f` a rhr TfiE tC; CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 25th day of August, 2017 I caused a true and correct copy of the foregoing NOTICE OF SPECIAL HEARING FOR THE BOARD OF ADJUSTMENT ON SEPTEMBER 6, 2017 to be served by the method(s) indicated below, and addressed to the following: MERLIN SLYTER 1502 W. Balboa St. Kuna, ID 83634 x) U.S. Mail, Postage Prepaid Hand Delivered Facsimile C. Coles, C' Clerk So A>5 nu usrr City of jEI171 IANC It? 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W P. Ql O N 0NAWm0 •P N m 00N 03 NrD D Nn N oC D om rD m mm v n O Dm rDm Q-:EIDIS jjN-=- 014 City of Meridian - Utility Billing Contact information is available on the back of your statement For Phone Payment Call 1-844-756-3743 Statement No: 220348 Billing Account Account Detail Account No.: Account Summary Statement Date: Date: 01/05/2017 Water Base Fee Sewer Base Fee 5. 49 8. 65 Previous Charges 35.74 Past Due Balance EPA Fee 3. 75 Payments - Thank you! 35.74 Account: 44400300-01 Trash Service 11. 97 Adjustments 0.00 Period: 12/06/16 to 01/05/17 Cart Service Disposal Service 1. 06 4. 76 Past Due Balance 0.00 Bill To: Slyter, Merlin Cart/Container Tax 0. 06 Current Charges 35.74 Current Charges 35. 74 Past Due Balance 0.00 Location: 3940 S Mcguire St Current Balance 35.74 Current Charges Due: 01/20/2017 Go Mobile to Pay Online! Use your mobile device to scan this QR code, then;i,. follow the link, and select i ,' Pay My Utility Bill. Meter Readings Annual Usage by Month Year Over Year Usage Comparison Date Reading IgV'sofgals Date Usage Usage Days Avg/Day Current: 12/19/16 271 20 12/19/16 0 31 Previous: 11/18/16 271 16 12/18/15 12000 31 387 12 Difference: 0 s Water Usage: 0 0 Sewer Usage: 0 5 5 5 5 Meter ID: 77170375 ? o 0 0 c, a o 0 0 0 a Reading Dates Meter readings are in 1000's Usage is measured In 1000's of gallons of water Usage divided by Usage Days equals Avg per Day Payments received/posted to the account as of 11:30pm 1/1/17 are reflected in this billing. Have you confirmed your account number recently? There are several reasons why your account number may have changed... The account number is for a specific property and owner. If you sell your home, if a sale falls through or as a renter if you move from one location to another; the ac- count number that you would use to make a payment will change. Please use the account number listed on this document when submitting payment. Please detach and return this remittance with your payment. Please make checks payable to City of Meridian. bszw a4R4 4 0 0i3 0i 0in A1Nr Meridian Utility Billing 33 E Broadway Ave, Suite 106 Meridian, ID 83642-2619 4440030001003574003574003574 SLYTER, MERLIN 1502 W BALBOA ST KUNA ID 83634-2970 Statement No.: 220348 Account No.: 44400300-01 Statement Date: 01/05/2017 Current Charges Due: 01/20/2017 Current Charges: 35.74 Past Due Balance 0.00 Total Amount Due: 35.74 City Of Meridian PO Box 670 CALDWELL, ID 83606-0670 096264-0011394 Please check the box ff above address is incorrect. Provide corrections on reverse side of this remittance 015 City of Meridian - Utility Billing Contact information is available on the back of your statement For Phone Payment Call 1-844-756-3743 Statement No: 251944 lling Account Account Detail Annual Usage by Month Account Summary Date Readin 05/2017 Water Base Fee Sewer Base Fee 5.49 8. 65 Previous Charges 35.74FAccountt.: EPA Fee 3. 75 Payments -Thank you! 35.74 400300-01 Trash Service 1 1 . 97 Adjustments 0.00 Period: 01/06/17 to 02/05/17 Cart Service Disposal Service 1. 06 4. 76 Past Due Balance 0.00 Bill To: Slyter, Merlin Cart/Container Tax 0. 06 Current Charges 35.74 Current Charges 35. 74 Past Due Balance 0.00 Location: 3940 S Mcguire St Reading Dates Usage is measured In 1000's of gallons of water Current Balance 35.74 Current Charges Due: 02/20/2017 Go Mobile to Pay Onlinel Use your mobile device to scan this QR code, then '. follow the link, and select 1-3 Pay My Utility Bill. Meter Readings 251944 Annual Usage by Month Year Over Year Usage Comparison Date Readin Ig0'0'sofgals Date Usa e Usage Days Avg/Day 02/20/2017 Current Charges: 35.74 Past Due Balance Current: 01/18/17 271 20 35.74 01/18/17 0 30 Previous: 12/19/16 271 t6 01/21/16 14000 34 411 Difference: 0 12 8 Water Usage: 0 0 Sewer Usage: 0 N 9 9 9 MeterlD: 77170375 000000000 ao Meter readings are in 1000's Reading Dates Usage is measured In 1000's of gallons of water Usage divided by Usage Days equals Avg per Day Please detach and return this remittance with your payment. Please make checks payable to City of Meridian. ss,a y4 A4 0 ug0i 0r 0 w.0 Meridian Utility Billing 33 E Broadway Ave, Suite 106 Meridian, ID 83642-2619 4440030001003574003574003574 SLYTER, MERLIN 1502 W BALBOA ST KUNA ID 83634-2970 Statement No.: 251944 Account No.: 44400300-01 Statement Date: 02/05/2017 Current Charges Due: 02/20/2017 Current Charges: 35.74 Past Due Balance 0.00 Total Amount Due: 35.74 City Of Meridian PO Box 670 CALDWELL, ID 83606-0670 097068-0011371 Please check the box if above address is incorrect. Provide corrections on reverse side of this remittance C> f1E IDIAN f 016 City of Meridian - Utility Billing Contact information is available on the back of your statement For Phone Payment Call 1-844-756-3743 Statement No: 283620 Billing Account Account Detail Annual Usage by Month Account Summary Date Readin Date: 03/05/2017 Water Base Fee Sewer Base Fee 5. 49 8. 65 Previous Charges 35.74 Past Due Balance EPA Fee 3. 75 Pa menu Thank ou! Y Y 35.74 Account: 44400300-01 Trash Service 11.97 Adjustments 0.00 12 6 Cart Service 1. 06 Past Due Balance 0.00 Period: 02/06/17 to 03/05/17 Disposal Service 4. 76 N ' N Bill To: Slyter, Merlin Cart/Container Tax 0. 06 Current Charges 35.74 Meter readings are in 1000's Current Charges 35.74 Past Due Balance 0.00 Location: 3940 S Mcguire St Current Balance 35.74 Current Charges Due: 03/20/2017 Go Mobile to Pay Online! Use your mobile device to scan this QR code, then Tillfollowthelink, and select Pay My Utility Bill. Q Meter Readings 283620 Annual Usage by Month Year Over Year Usage Comparison \ Date Readin 1g200'sofgals Date Usage Usage Days Avg/DaV 03/20/2017 Current Charges: 35.74 Past Due Balance Current: 02/21/17 271 20 35.74 02/21/17 0 34 Previous: 01/18/17 271P t6 02/19/16 8000 29 275 Difference: 0 12 6 Water Usage: 0 0 m m m m co o co co co co m n n_ Sewer Usage: 0 N ' N Meter ID: 77170375 0000a000 ra so Meter readings are in 1000's Reading Dates Usage is measured in 1000's of gallons of water Usage divided by Usage Days equals Avg per Day Please detach and return this remittance with your payment. Please make checks payable to City of Meridian. os,o 4 IIIIIIIIV391f 0PN 0 1 A Meridian Utility Billing 33 E Broadway Ave, Suite 106 Meridian, ID 83642-2619 4440030001003574003574003574 SLYTER, MERLIN 1502 W BALBOA ST KUNA ID 83634-2970 Statement No.: 283620 Account No.: 44400300-01 Statement Date: 03/05/2017 Current Charges Due: 03/20/2017 Current Charges: 35.74 Past Due Balance 0.00 Total Amount Due: 35.74 City Of Meridian PO Box 670 CALDWELL, ID 83606-0670 097733-0011374 Please check the box if above address is incorrect. Provide corrections on reverse side of this remittance C dlEIDIANi' 017 City of Meridian - Utility Billing Contact information is available on the back of your statement For Phone Payment Call 1-844-756-3743 Statement No: 315661 Billing Account ' Account Detail Account No.: Account Summary Statement Date: 04/05/2017 Water Base Fee 5. 49 Previous Charges 35,74 Date: 04/05/2017 Sewer Base Fee 8. 65 3. 75 Payments - Thank youlY 35.74 Account: 44400300-01 EPA Fee Trash Service 11. 97 Adjustments 0.00 Cart Service 1. 06 Past Due Balance 0.00 Period: 03/06/17 to 04/05/17 Disposal Service 4. 76 B!II To: Slyter, Merlin Cart/Container Tax 0. 06 Current Charges 35.74 Current Charges 35. 74 Past Due Balance 0.00 Location: 3940 S Mcguire St Current Balance 35.74 Current Charges Due: 04/20/2017 Go Mobile to Pay Online! Use your mobile device to scan this QR code, then ` follow the link, and select is Pay My Utility Bill. Meter Readings Annual Usage by Month Year Over Year Usage Comparison Date Readin i%o's of gals Date Usa e Usage Days Avg/Da Current: 03/20/17 271 20 03/20/17 0 27 Previous: 02/21/17271 to 03/18/16 6000 28 214 tz " " Difference: 0 a Water Usage: 0 0 Sewer Usage: 0 Meter ID: 77170375 a a Reading Dates Meter readings are in 1000's Usage is measured in 1000's of gallons of water Usage divided by Usage Days equals Avg per Day SPRING IS IN THE AIR Beginning with your May billing, the sewer charges will reflect the "Credit Calc Average" that is being estab- lished for your account. This calculation uses your winter water average to set a maximum consumption for your sewer charges during the Spring, Summer and Fall. Should you have additional questions regarding this rocess, please visit our website at www. meridiancity.org\utility_billing or call us at 888-4439 Please detach and return this remittance with your payment. Please make checks payable to City of Meridian. fie I 4 III4 YI0 3IIWVI I 1 Meridian Utility Billing 33 E Broadway Ave, Suite 106 Meridian, ID 83642-2619 4440030001003574003574003574 SLYTER, MERLIN 1502 W BALBOA ST KUNA ID 83634-2970 Statement No.: 315661 Account No.: 44400300-01 Statement Date: 04/05/2017 Current Charges Due: 04/20/2017 Current Charges: 35.74 Past Due Balance 0.00 Total Amount Due: 35.74 City Of Meridian PO Box 670 CALDWELL, ID 83606-0670 098454-0011528 Please check the box if above address is incorrect. Provide corrections on reverse side of this remittance M*** --IE IDIAN Location: 3940 S Mcguire St Go Mobile to Pay Online! Use your mobile device to scan this QR code, then follow the link, and select iV'eC Pay My Utility Bill. 0 Meter Readings Billing Account Date: 08/05/2017 Account: 44400300-01 Period: 7/6/2017 to 8/5/2017 Bill To: Slyter, Merlin Location: 3940 S Mcguire St Go Mobile to Pay Online! Use your mobile device to scan this QR code, then follow the link, and select iV'eC Pay My Utility Bill. 0 Meter Readings 463370 Account Summary Date Reading ilii' Current: 7/19/2017 280 18 Previous: 6/20/2017 274 14 10 Difference: 6 s Water Usage: 6000 (6x1000) o Sewer Usage: 1000 (CCA) Trash Service Meter ID: 77170375 Meter readings are in 1000's Current Charges 018 City of Meridian - Utility Billing Contact information is available on the back of your statement For Phone Payment Ca// 1-844-756-3743 Statement No: 463370 Account Detail 463370 Account Summary Water Base Fee 5. 49 Previous Charges 58.06 Water Usage Sewer Base Fee 11. 40 8. 65 Payments - Thank you! y 41.44 Winter Average 5. 54 Adjustments 11.08 EPA Fee 3. 75 Past Due Balance 5.54 Trash Service 11. 97 Cart Service Disposal Service 1. 06 4. 76 Current Charges 52.68 Cart/Container Tax 0, 06 Past Due Balance 5.54 Current Charges 52. 68 Current Balance 58.22 Current Charges Due: 08/20/2017 Past Due Deadline: 08/22/2017 Annual Usage by Month Year Over Year Usage Comparison \ talsDate UsagevUsageDaysA/Da 7/19/2017 6000 29 206 7/20/2016 22000 30 733 Reading Dates sage is measured in 10oo's of gallons of water Usage divided Please detach and return this remittance with your payment. Please make checks payable to City of Meridian. 26928 Meridian Utility Billing 33 E Broadway Ave, Suite 106 Meridian, ID 83642-2619 4440030001005268005806005822 SLYTER, MERLIN 1502 W BALBOA ST KUNA ID 83634-2970 IW4IIII4 m0 III ViV 0lll Statement No.: 463370 Account No.: 44400300-01 Statement Date: 08/05/2017 Current Charges Due: 08/20/2017 Past Due Deadline: 08/22/2017 Current Charges: 52.68 Past Due Balance 5.54 Total Amount Due: 58.2 City Of Meridian PO Box 670 CALDWELL, ID 83606-0670 101388-0011637 Please check the box if above address is incorrect. Provide corrections on reverse side of this remittance I] j Add/Edit Meter Information -- Webpage Dialog 66 gat x 1000 12 tial x i00oi 1I Close () Update Meter 0 Change -out Multiplexer (g) Install Multiplexer ; -- -- Meter id 77170375 Meter -I IPERL 3 4 Size 0.75 rs P:arn flaw t3enerali Registers] ALAR Readings tufntenan<e 4ctiviisteSertceLocations Log CusiomQata I:ant alGeneral. 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Registers; APti4R Readings Putaintenancei Activitiesi SepAce Ldcations Logi Custom Dat s Readings 15 of411tenas Lanz Pre,ious 23ilext P ]El Reading Date-[ Durai'on 33 days LM 07120t2016 12.00:anaf `06E2GLM 249 gal x 1000 j 227 x 1000 22Gal x 1000= 24 ,I, 1000 LM 9da3ys 33 days 16 12,01am gal Lam 15 gat x 1000; E051182 0 16 1200:am 203 gal x 1000; 10 oaP x 1000• 28 days 10412GQ916 1 OO:ana 193 gal x 1000 183 gal 1000; 10 gat x 1000 6 nal x. io00 33 days 28 daysrm10i`,8f 016 12:00 12:110: ,1: gaP x 100077lx100123days Q; 0211912016 01 211201 1 00.631 169 gal x 1000 155 gal x 1000 14 gaP x 1tt00; 12 gal x 1000( 34 days 31 days ani 120812015 12 0o.ant 11(1,!'"it6 12O :ant 143gal XI6001 60alxIgo 0` 211 days 137 gal x 1000 7 oat x 10 0 0 31 days 0911 t24151.00:at61 130galXI000i f aalx1000 29 days Oc^I20f20 t_`• 12 o0:art 116 gat x 1000 to ctal x t000` 30 days 07/21t29 151209'ar' 9 gaPx1000} 201 Gal x 1000 33 daysy_ 06118t2015 12.00:arn 78 gal x 1000 12 al Y 10603' 28 days j 03i27120t51200.am Add/Edit Meter Information -- Weinpage Dialog 5 Close ti) Update Meter; 0 Change -out Multiplexer (0) Install Multiplexer Meter Id77170375 = Meter Type IPERL 3t4 Size 4.751n General Registers AMR Readingsl iftaintenancel dies, Service Locations _ Log Custom Dataf J a..::.a 'i 7 i f d4..ifamc -.. Previous 1 C1 66 gat x 1000 12 tial x i00oi 30 days m Lan: j 54 gal x 1000 5 gal x too 0i 34 days.l P:arn 49 gal x 1000 3 gal X100 27 days, I:ant 46 gal x. 1000; 7 gal x 1000` 29 days,' Lanz 39 gal x 1000 _ 12 Gal x logo 33 days LM 27 -gal x 1000 6 gal x 1000, 30 days,} LM 21 gaI x 1000. 69-3i x 1000 33 days;! Lam 15 gat x 1000; 5 ga[ x logo] 25 days,i i an l0 gat x 1000; 10 gag x logo, 26 days„ am 0 gat x 1000, 0 Gal x 10001 6 days',; Cot' f 020 ro M 1 7 SOLUTION NO. CITY OF MERIDIAN BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING WATER AND SEWER BILLING RATES AND FEES; AUTHORIZING THE MERIDIAN PUBLIC WORKS DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-131 IA, on September 9, 2014, the City Council of Meridian held a hearing on the adoption of the proposed water and sewer billing rates and fees, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed water and sewer billing rates and fees; and WHEREAS, the City Council desires to review the water and sewer billing rates and fees twice a year for the first two years and annually each year thereafter. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the water and sewer billing rates and fees, as set forth in Exhibit A hereto, are hereby adopted. Section 2. The Meridian City Council will review the water and sewer billing rates and fees twice a year for the first two Years and annually each year thereafter. Section 3. That the City of Meridian Public Works Department is hereby authorized to implement and carry out the collection of said rates and fees. Section 4. That this Resolution shall be in full force and effect on September 20, 2014 to be reflected on the October 20, 2014 billing statements of the City of Meridian Utility Billing Department. ADOPTED by the City Council of the City of Meridian, Idaho this 16"' day of September, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this 16"' day of September, 2014. FA tity Clerk'.-, ADOPTION OF WATER AND SEWER Tammy de Weerd, Mayor AND FEES PAGE I 021 M, V- r •CL O c m0 c c C: O9AE 81 ' Etl on O :N , T E co 0 d Y = cr d yE gm o CO W Cp ECi 3 C 41d O CY' a 3' S O C L C6 cli vii es a ecogo 62 060% 21 w 00 n: —,10 a) a n N oo m co N " M CD .d. 9 Hi: cfl 6.3,; 61 a Ef3 M N O rnrn:. R tMD d0' Q Ci : of .4o In cry H & 64 fie. 669CND rn;rn rn rn rn rn rn rn rn rn rn am rn-rn rn rn It in (0 r': co O: o OO OO: 0 0 0 OO . 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H} fA 69 FF3 bFi' ffl m rn m m m m'm m m'm m rn m m m m'm m m m m'm m m m m m mm m mmmmmmmmmmmm" m m m 2 m m m m rn m rn m rn rn m m m m m m' a) m m rn m m a) m m o> m m m rn m m m d ((j (0 h+ : 00 q O CV RV' 4C6 L gc6 O N o V' i : (O n o m' O , -7 N S' ':P.: It ' It V'.. (f) : (o U.) Lr) (o ' to Co to In to (P(0 ca: co (0: (0 co Ca to n n n 024 R C 0 0- O S T : ii + 06 m a :. r N c4 ([) tp h :. tti Vf a r N ri " a' H :. w 1+ a rn O tt 024 025 A. Declaration Of Policy: 1. It is hereby declared that the city owns and operates both a municipal water system and a municipal wastewater system. It is the policy of the city to operate the sewer system and the water system in conjunction, one with the other, for the mutual benefit of the residents of the city. 2. Additionally, due to the integral nature of the requirement of water to operate the sewer system, violation of the sewer provisions may require termination of water service and to efficiently enforce these sewer provisions, such water termination is specifically authorized and is the policy of the city. 0 1. To charge and collect service charges or fees upon all lots, lands, property and premises served or benefited by the' sewersystem of the city, which system and facilities consist generally of all pipelines, conduits, catch basins, manholes, cleanouts, sewer mains, intercepting sewers, outfall sewers, lift stations, pumps, structures, mechanical equipment and facilities for the treatment and disposal of sewage or sewage byproducts; 2. To provide for industrial cost recovery from all industrial users; and 3. To provide for the control, use and administration of the installation of private sewage disposal systems where a public sanitary sewer is not available. (Ord. 04-1105, 10-5-2004) 026 If the user or owner disputes a sewer connection fee or monthly user charge, the user or owner may request a hearing before the board of adjustment pursuant to the procedures set forth in title 2, chapter 3 of this code pertaining to the board of adjustment in order that the parcel being subject to sewer connection, charge, periodic user charge, or other fees as provided for in section 9-4-23 of this chapter be appraised and assessed by the board of adjustment for the purpose of establishing the equivalent connection rating, the sewer connection charge, the inspection fee, the monthly service charge or other fees to be charged or assessed to and against such property. In making such appraisement and assessment, there shall be taken into consideration the area of land being served and the amount of flow (Q), the biochemical oxygen demand (BOD), the suspended solids SS) and any other pertinent components of the wastes that the user is contributing to the system so as to establish, as nearly as possible, the rate, charge or fee for each property on the same relative basis as is imposed upon like property and uses within the city that has or will receive the sewer service. This procedure may also be used to determine the initial charges set forth herein or to change or modify the initial charges. (Ord. 10-1469, 12-21-2010, eff. 12-27-2010) 027 A. System Of Charges Established: There is hereby established a system of assessment fees, user charges, permit, review and inspection fees, periodic service charges and other fees for the use of, and for service rendered by the sewer works of the city. The rates, charges and fees provided by this chapter are hereby levied and assessed against each lot, parcel of land, building or property having any connection with the sanitary sewer works of the city or otherwise discharging sanitary sewage, industrial wastewater or other liquids directly into the sanitary sewer works of the city. The rates, charges and fees shall be billed to and paid by the owner of each lot, parcel of land, building or property served by the sewer system. B. Properties Subject To Charges: It specifically enacted that all property in the city to which a public sewer is available and is required to connect to the sewer as required in section 9-4-8 of this chapter, but is not used by the owner or occupier of said parcel of land, is still subject to user charges under the provisions of this chapter. (Ord. 04-1105, 10-5-2004) 028 ResidentialSewerBillingfor • Winter Usage Relevant Code: W r _ v1111111 The monthly sewer user rates for sanitary sewer service in the city are based on gallons of water used as determined by the water meter readings. Residential homeowners' sanitary sewer user charges will be based on the actual water recorded for monthly water meter readings during the period of the year from approximately November 15 to the following March 15. For the following eight (8) month period, the average monthly reading for the period of November 15 to the following March 15, termed the "winter average", shall be the basis for the monthly sewer user charge. However, if the actual water use recorded for any billing period between March 15 and November 15 is less than the preceding "winter average", the sewer user charge will be based on the actual water use. Also, provided, however, where there is a new owner, a new occupancy, or a change in orrunancv. such as in the case of sale or new residence construction or sales of existing gallons. In this case, the sewer user charge will be based on actual metered water use. All other users such as commercial and industrial shall be based on their monthly water consumption. The user charges may be reviewed annually. The user charge system is based on the following: Code Application: The City's goal is to provide fair billing to customers for water and sewer services. More specifically, the Public Works Department, through Utility Billing, follows policies and procedures to ensure that, to the extent practicable, customers are billed for services that they have received. One of those policies is directed by Meridian City Code. Chapter 4 section 9-4-24 explains that a "Winter Average" will be calculated based on water usage generally between November 15 and March 15. (It is assumed that water usage during this period is all indoors and therefore will all go down the sewer.) The calculated "Winter Average" then becomes the basis for the monthly sewer charge for the remainder of the year. What that means is the Winter Average will be assumed to be the maximum indoor water consumption by the customer. Any water metered to the customer above the calculated Winter Average is assumed to be outside use and will not be used to calculate sewer charges for sewer use. Further, if the customer usage is below the Winter Average, then they are only charged for sewer corresponding to the water usage. For example, if a customer's Winter Average was set to 5,000 gallons, but they only used 1,000 gallons of water in a given billing cycle, they would pay for 1,000 gallons of sewer. If the same customer had no water use in a billing cycle, they would pay for 0 gallons of sewer. Sometimes, there is no information available with which to calculate a Winter Average. In cases of new customers, or as in the code "a new owner, new occupancy, or change in occupancy" the City code directs to set the Winter Average at 6,500 gallons. This amount is based on average historic winter consumption for residential accounts. It is also the City's practice, however, to adjust that number if the customer can provide any information that indicates it should be different. 029 In the case of a customer who changes their occupancy by moving out of their house for the winter months, then moves back in for the summer, there is such a situation where there is no information available to calculate a Winter Average. The question the Winter Average seeks to answer is "what is the customer's normal sewer usage when they occupy the residence", not "what is the customer's normal sewer usage when the residence is vacant". The fairest billing practice in this case would be to establish a realistic Winter Average based on the customers historic usage. As a practical matter, most customers in Meridian rely on surface water for irrigation and usage doesn't increase drastically in summer. An inaccurate Winter Average would not affect such customers since they only pay sewer fees on water that is used up to the Winter Average. One strict interpretation of one part of the Code is that if the winter usage was zero, that should be the Winter Average applied to the account for the remainder of the year. If we apply this interpretation of the calculation and use of the Winter Average, it would mean that customers who have no water usage during the winter months would not have to pay for sewer use for the entire remainder of the year, regardless of how much sewage they discharge into Meridian's system for collection and treatment. It is unlikely that the effect- that customers are not paying for services they are receiving- is the intent of the code. It would also not be fair to other rate payers who would be burdened with paying for more than their share of the costs for collecting and treating sewage beyond their use. This interpretation is also not supported by the code text that discusses changes in occupancy. Q: What are the charges for water, and sewer? A: Water Rate: $1.90 per 1000 gallons plus $5.49 administration fee. Sewer Rate: $5.54 per 1000 gallons plus $8.65 administration fee. During the course of the year, customers will see two separate billing methods take place. Winter — (December, January, February, March bills) The meter read for water is used for the consumption charge for sewer - If the water meter reads 4,000, then the sewer will charge 4,000 as well) 030 Springy summer and fall — (Remainder of the Year) The meter read for water is used for water only and the consumption charge for sewer is calculated by the computer using the set point established for your account based on your winter water consumption. The set point establishes a maximum level of consumption for the sewer portion of your bill. If the water meter reads 4,000, the sewer consumption billed could be the same or lower depending on the set point for your account) New Homeowners Sewer Rate: All new owners that moved in during the winter months (December - March) will be given a summer average based on the use of 6,500 gallons per month. The summer average applies to the sewer only, as the water charge is always based on actual water usage. New Renters Sewer Rate: All new renters that move during the year will be given a summer average based on the use of 6,500 gallons per month. The summer average applies to the sewer only, as the water charge is always based on actual water usage. What is an EPA Fee? A: Due to regulatory compliance mandates being issued through the EPA. City of Meridian, Public Works Department determined that there would be additional funds needed through users of the system in order to cover the anticipated expenses of such mandates. City Council approved the request for a water, and sewer rate increase as well as an EPA flat rate fee. The EPA Fee has been implemented effective 9/20/14 and is scheduled to sunset in 10 years or 120 billing cycles. A: On average 80-100 gallons of water per day is used per person for kitchen, laundry, bathing, toilets, watering plants and animals, and other day to day living needs. What if I ..rfor my . A: Your summer sewer average will be based on 6,500 gallons until you have occupied the home during the winter months to establish an average or you are able provide your winter months usage from your previous location in order to receive an accurately calculated average. 031 Q: What if 1 discover a leak or receive a letter telling me the City has discovered a leak at my residence? To apply for an adjustment If you discover a leak you may apply for an adjustment to your sewer billing. A: ` y 1 -1 c t(, go to Departments, down to Utility Billing, and select "Request an visit our website at acrec count", This is an online form and will bevenen regards to lost water. d by the City Of IdUnfortunately, the adjustment on ian via email for my typically processing. Please note that adjustments are NOT typ Y g r may not have gone into the home as planned, it is a resource that was delivered to the property. wits Y C: Does the City do adjustments to accounts for pools, car washing, etc.9 n toilets that are running A: We do not adjust for topping off pools or spas, car washing, indoor plant watering, shutting off after use. The majority of users will haveavera e for your sewer rate. not enter the sewer eaters, orandnotshg system; this has been adjusted for through the summer g anent that said usage has We do- adjust sewer charges foorternt sed thesewer system; when t isfapp re rinklers, water water ted there Ree water ps n impacted the airs need to be completed, before an adjustment will be considered. What happens when my account becomes delinquent? A: When your account becomes delinquent You will have received two billing statements and a delinquentThedelinquentrenniner business the day before the scheduled shut off day to avoid ermini tion of reminder notice which is mailed to you 10 to 12 days before the scheduled shut off ady. 6noticewillaskforpaymentbycloseofservices. However, you may pay your bill on shut off day and if the payment is posteourwaterwillnotbeshutoffandyouwillnotbebilledthe $30.00 turn on fee. Weourhomeyourservice. person reaches y and make ever effort to avoid terminating yY post payments every hour on shut off day hone system to free at 844 -756 - our automated p also pay for free at our web sitePaymentsonshutoffdaycanbemadethefolloVisawing and ways: by t hand corner. You will need your account3743. This payment option accepts debit cardr UtilityIty Bill inariigh Card. You mayacall your last name) for any of at ;`S f ti „ by hitting the pay y our bill this is typicallynsyoumayusethelefthand side of the screen andearsony number and the first 4 letters of your name as it app ou ou will need to provide themthesepaymentoptions. On our website there are two opot your account for y Y a is not saved. You may do express pay this is designed to allow anyone to pay Y ess a on your account. No need to call us and tell' fiusot at id anppayment ayment as with your account number, and last name, information that is entered into exp the pyour also enter as a returning user, a payyouetourtransaction confirmation number usingany of t using our systems feel free to callbeenmade, when y g Ymethodswereceivedtheconfirmation as well. If you encounter any problems us and we will be happy to assist you. Suite 106, Meridian, ID 83642. We also take payments in our office at City Hall — Utility Billing 33 E Broadway he is received is $30.00. InMondaythroughFriday8:00 a.m. to 5:00 P.M. We on after payment is debit card, money orders Our hours are Mon Y our services turned backVisaorMastercard. The fee for having ymostcasethisisbilledonyournextUtility Bill statement. In some cases we are required to collect the $30.0 turn on fee before the services are reconnected. Why does the City turn delinquent water accounts offs n uenc . Delinquent accounts increase The City has determined that this is the least costly way to control deli q Y or everyone. Attempting to contact each customer individually is too time and the cost of service f Y costly to be effective. ridian regulate a landlord's allocation of utility charge to individual tenants based onDoesMe either sub -metering or Ratio Utility Billing Systems? 032 A: The City of Meridian does not govern the rental/lease agreements between landlord and tenants. The City of Meridian does have several situations that involve RUBS; apartment complexes, trailer parks and other multi tenant structures both residential and commercial. Sub -Metering would also be allowed provided that it does not pose a backflow contamination problem , Meters are placed in the service line after the City of Meridian's water Meter, City of Meridian will NOT be the billing agent for sub meters, property owner maintains responsibility for the service line and any equipment installed therein. 033 Notice of Appeal In the event of an adverse ruling and prior to the conclusion of the hearing, the Hearant is to be informed of the following right to appeal the decision to City Council: 1. The Hearant may appeal the Board's decision by filing a completed Notice of Appeal form with the City Clerk's office within three (3) working days from the conclusion of the hearing. The form may be obtained from the City Clerk's office. 2. A cash or check deposit in the amount determined by the Board to be due and owing shall be submitted with the Notice of Appeal form. 3. Upon receipt of a completed timely Notice of Appeal, the Clerk will schedule the appeal hearing before City Council within thirty (30) days. The Hearant will receive timely notice of the date set for the appeal as will ass known interested or involved parties. 4. At the appeal hearing, the Hearant may make a brief statement to the City Council, but no new evidence may be submitted. 5. City Council will decide the matter after reviewing the entire record. 6. City Council may affirm, overturn, or modify the Board's decision only where City Council finds that the Board's findings of fact are not based on substantial evidence or the conclusions of law are erroneous. 7. The decision of City Council is final. 034 lERI- u CITY IAN BOARD OF UST Notice of Appeal Form Pursuant to Title 2, Chapter 7, Section 7, of the City Code, there is a limited right of review by the City Council to customers who receive adverse decisions by the Board of Adjustment and believe that the decision was not based upon substantial evidence and/or erroneous statements of law. This Notice Appeal formm rda cash or check deposit in tr • amount determined by the Board of Adjustment r be due and payable must be filed with the Meridiawl City Clerk's Office v.ithin threr working days of o n , a of u hearing when the adverse .r? ci r ; d eor ;r ? _r right to appeal will be waived. Hearant's Name: Account Number: Account Address: Telephone number: Mailing Address if Different from above Address: Email Address: Representative: Address: Telephone Number: Email Address: Names of Other Interested or Involved Persons: Address: Telephone number: Email Address: r fri W(11 -13-11W The City Clerk shall schedule this appeal for hearing before the City Council within thirty (30) days and provide notice of such hearing to the Hearant and to all known interested or involved parties. 1502 W. Balboa St. Kuna,ID 83634 September 6, 2017 Re: Account #44400300-01 at 3940 S. McGuire St., Meridian Thank you for the response from the Public Works Department in section 5 of the City of Meridian's (City's) packet of materials preparatory for this Hearing. I appreciate that the intent of the City's Code, and of the Public Works Department, is "to provide fair billing to customers for water and sewer services". I further appreciate that the Code's intent is to effectively not allow "customers [to not pay] for services that they are receiving", nor to burden other rate payers "with paying for more than their share of the costs for collecting Arid treating sewage beyond their use". Some statements by City personnel, however, lead me to wonder if the adjustments to sewer use to override the winter average" (as defined in City Code section 9-4-24)—specifically to increase the sewer use charge—when a Winter Average has been established, are being done fairly or properly (two distinct questions). I would propose several simple scenarios, and ask what sewer use would be billed. See attached BOA 2017-04 Attachment 1. My letter to address this hearing continues on the next page. City of Meridian t 6 0 6 2i 33 E. Broadway Ave. Cly y OgMeridian, Idaho 83642 CITY CLERKS1C Dear City of Meridian: Thank you for the response from the Public Works Department in section 5 of the City of Meridian's (City's) packet of materials preparatory for this Hearing. I appreciate that the intent of the City's Code, and of the Public Works Department, is "to provide fair billing to customers for water and sewer services". I further appreciate that the Code's intent is to effectively not allow "customers [to not pay] for services that they are receiving", nor to burden other rate payers "with paying for more than their share of the costs for collecting Arid treating sewage beyond their use". Some statements by City personnel, however, lead me to wonder if the adjustments to sewer use to override the winter average" (as defined in City Code section 9-4-24)—specifically to increase the sewer use charge—when a Winter Average has been established, are being done fairly or properly (two distinct questions). I would propose several simple scenarios, and ask what sewer use would be billed. See attached BOA 2017-04 Attachment 1. My letter to address this hearing continues on the next page. FAIR? e.g. evenly iudged in varying situations? The statement was made to me that the Winter Average cannot be zero—that if the Winter Average is [auto-] calculated at zero, then the city average winter residential water use of 6500 gallons is applied, because "a winter average has not been established". This leads me to believe that in varying scenarios where the resident(s) is not home for a portion of the winter, but the Winter Average does not calculate at zero, that the City may allow an inappropriately low Winter Average to be used. If all, or nearly all, of the scenarios on Attachment 1 are not flagged and adjusted (billed volume increased), the City is providing services and resources for which it is not being paid, in each such scenario at a significant level. In each example, the city would be losing as much as, or a much higher amount, than it apparently believes it may lose in my situation. That begs the question of whether my account has been unfairly targeted and adjusted, contrary to "the City's goal [of providing] fair billing to customers for water and sewer services". If all, or nearly all, of the scenarios are flagged and reviewed and/or adjusted, then at least the adjustment away from and above the Winter Average volume for sewer use is being applied evenly or fairly, at least within the context of these examples compared to the City's presumption of my situation. Then the question is approached of whether the adjustment is proper, in the first place. PROPER? Relying on City Code section 9-4-24 as written, strong argument can be made that if a "change of occupancy. (to include all variations described in City Code) occurs after March 15 up to November 15, the prior Winter Average will be used (until a new Winter Average is established), even from the prior occupants' account history. As written, the only time a change of occupancy triggers the application of the city average winter residential water use is when the change of occupancy occurs between November 15 and March 15. The opposing argument would state that the new occupants, who moved in, in May for example, started with zero history, that a Winter Average cannot exist for them at this residence, and that by default, the alternatively stipulated measure, the city average, however obscurely defined, must apply. I would reply that the prior occupants' history carries forward to the account of the new occupants (or to the owner) quite readily. (At the residence in question, I paid the prior occupants' bill, which had been allowed to accumulate by the City to a roughly three-month unpaid balance, which I was told by the City is not in accordance with the City's own policy.) Nonetheless, relying on a prior occupants' usage history for a Winter Average would not align with the City's—and most users'—goal of "fair billing". Any judge in a court worth his salt, however, would certainly instruct the City to clarify its language: to wit, ... "where there is a "change of occupancy ..." at any time during the year, especially during the period between November 15 and March 15, the sewer user charge shall be based on the average winter residential water use in the city ... The city average winter residential water use or the lower actual metered water use will be applied for the sewer user charge until the current occupants establish a Winter Average." Now the argument progresses. Presume that a "change of occupancy" occurred during the "summer" months, and a Winter Average was established. (Note that no change in occupancy occurred during the period from November 15 to March 15 in my situation.) Does the City have the authority to adjust the Winter Average—to increase the billed sewer use from zero or some other low volume upwards to 6500 gallons, to 1000 gallons, or to some other figure, for me or for any other user? Consider some other user. Consider the user described by the narrative commentary in the City's document packet for this Hearing, where a Winter Average of zero is established. Presumably then, the residents return after March 15, as from a winter home in the south, and use water and sewer services during the summer months. The residence experiences a "change of occupancy", since the residents returned, but the "change of occupancy" did not occur in the trigger period of November 15 to March 15, and the residents have account history with the recently established Winter Average. As Section 9-4-24 is written, No, the City does not have the authority to increase the sewer use from zero. This effect, indeed, is not likely the intent of the City Code, but neither the Utilities Billing Office nor the Public Works Department have the authority to rewrite City Code. If the users are acting with any intent to defraud, or intentionally scheduling their residence locations specifically to evade sewer bills, the City could easily challenge the users, though the burden of proof would lie with the City. The City might also simply assert its intention to apply the increase and do so, and the users may not challenge the action knowing its fairness. However, the City does not have the authority to raise the sewer use volume, and risks liability when it does so, especially when the result is, in fact, unfair and/or unwarranted, and the City is challenged by the user. Now re -consider my point from above on clarifying the language in Section 9-4-24 and widening the time frame to the entire year for which a "change of occupancy" applies. With a "change of occupancy" on paper (as with new tenants in a rental or with new owners), the City almost always generates a new utility account, and new occupants who arrive in the "summer months" start fresh with no Winter Average (presuming the conclusion of the paragraph above). If the change of occupancy" is applied also to an account with absent residents who return after the winter, applying the change of occupancy" trigger to the entire year invalidates the (recent) Winter Average. (It may well have been the intent of the writer of the Code to include extended absences from a residence, as well as on -paper -changes -of - occupancy in the meaning of the "changes of occupancy", but without applying the clause to the entire year, its ability to close this loophole is lost. Also see Note 1 below.) 'The burden would still lie with the City to monitor and flag the account by its low or fluctuating winter water use and to prove the "change of occupancy". New City Code could stipulate that certain prescribed (and significant) fluctuations of water use or no use of water could trigger the assumption of a "change of occupancy". Then after notice from the City, the burden would lie with the user to prove otherwise. Without any such changes in the City Code, for the City to increase the billed sewer use above the honestly and straightforwardly established Winter Average for a residence is unsupported. Note 1. 1 return again to the narrative by the Public Works Department in this Hearing packet. The final paragraph worries that applying a zero Winter Average during the summer is unfair, because the resident can discharge untold amounts into the sewer without paying any sewer use fees. If the "change of occupancy" trigger is applied during the entire year, this worry is undone. The resident who returns after the winter triggers the change clause, as noted before. Any resident who actually is resident in the home through the winter and yet has no water use such as to establish a zero Winter Average, 1) is highly unlikely to exist, and 2) is he/she does exist, should be the purview of the Department of Health and Welfare and/or any landlord. The only possible scenarios that I can imagine are that the resident is using/stealing someone else's water, or has frozen pipes and is hauling water. Again cue in the Sheriff and/or the landlord and/or the Department of Health and Welfare. RETURN TO THE FAIRNESS QUESTION On the page BOA 2017-04 Attachment 1, scenarios one through four may represent families or individual residents who return from a vacation mid -winter. Scenario 5 may represent a single parent who brings home a new baby. Scenario 6 may represent a family on vacation with one family member staying home, and with the family returning mid -winter. For each scenario on the page, my suggested explanations are realistic possibilities that could be assumed by the City to be a "change of occupancy". As it is written now, Code 9-4-24 allows the City to adjust the billed sewer use above the Winter Average for a "change of occupancy" during these winter months. Would the City flag, review, and/or adjust accounts with these types of history? If only zero Winter Average accounts are flagged for review and possible change, many other situations could be under -billed, and zero Winter Average accounts would be unfairly targeted. Any account targeted for change from the Winter Average should have the opportunity to challenge the finding. Then there is the scenario of a household with steady water use through the Winter Average months, of—for instance -4000 gallons monthly. Another family joins the household in May. It maybe crowded, but the billed sewer use does not rise. Or, and it maybe more common, college students come home in the summer. Water and sewer use go up, but the sewer bill does not. These situations maybe impossible to allow for and properly bill. I would also be loathe to grant the City additional power or authority to so closely oversee my household as to catch these situations. Measuring the water use, flagging and review of unusual patterns, notice by the city to the user, and dialogue to answer the unusual pattern may be the only recourse. Recognizing that such situations may not be properly billed admits the fact that this billing structure relies, to a degree, on trust and fairness. If the City anticipates that these scenarios may exist, and that such a household's sewer bill does not go up because the City does not flag the unusual use pattern and the household stays silent, when I speak up and demonstrate that my sewer use is low or zero, and then the City does not trust my story and decides to apply a non -codified judgment to increase my bill with no evidence to support the increase, the City is acting unfairly, and improperly. If a non -codified rule is being applied fairly, no one may object. Or, if the rule is not being applied to some individuals who would be more greatly burdened by the rule (and others not more greatly burdened do not know of the non - application of the rule to those other rate -payers because of over -arching privacy rules), no one is likely to object. Problems arise when the rule is not applied fairly, or worse, when and if administrators so apply the rule as to change the intent of the Code to benefit some more narrow purpose. Having the rule, and the manner of application of the rule, in writing—"codified"—in the publications of the managing jurisdiction enables all parties affected to review the rule, and holds the managing jurisdiction accountable for its management. Now consider my situation and my use, in particular. The "change of occupancy" occurred September 25 or 26, and officially with the City of Meridian on September 29, 2016, at which time the tenants left, and the account reverted to myself, the owner, with no occupants in the residence. No "change of occupancy" occurred between November 15 and March 15. Therefore, a Winter Average was properly and honestly established between about November 15 and March 15 (actually November 18, 2016, and March 20, 2017). No "change of occupancy" has occurred since. The home has been, and is currently vacant. By the arguments presented previously, the City has no authority by City Code Section 9- 4-24 or by any other City Code proffered to me, to raise the billed sewer use volume above the established Winter Average. Further, I restate the City's own position: "the City's goal is to provide fair billing to customers for water and sewer services", and I paraphrase, "It would also not be fair to other rate payers ... [to] be burdened with paying for more than their share of the costs for collecting and treating sewage beyond their use." If the City believes that I am taking advantage of the Winter Average to unfairly pay a lower sewer use fee, I ask the City to state its case and to provide the evidence. Thank you for providing this forum for appeal. Please consider these issues impartially and fairly. Sincerely yours, Merlin L. Slyter 208-922-9130 Meridian Board of Adjustment Hearing September 6, 2017. Meeting of the Meridian Board of Adjustment of September 6, 2017, called to order at 3:00 p.m. Present: Bill Nary, Tom Sauer, Dale Bolthouse, C.Jay Coles, Andrea Pogue, Maria Edwards, Karie Glenn, Kyle Radek and Merlin Slyter. Coles: All right. I'm going to call to order the Board of Adjustment hearing. It's 3:00 o'clock. This is a hearing for Merlin Slyter. I'm going to do a quick roll call of our commissioners. We have got Commissioner Nary. Commissioner Sauer. And Commissioner Bolthouse. And Commissioner Sauer is our chairman of the Board of Adjustment, so I'm going to turn it over to you. Sauer: Okay. May I call you Merlin? Slyter: Yes, sir. Sauer: Okay. Merlin, you can go right ahead and explain to us what you're requesting and we will just take it from there. Slyter: Okay. There is a couple different ways that I could proceed. I typed up another letter that gives my points. I think it might be worthwhile simply to challenge the status quo with questions and reading through what is on the books. So, if we look at section at Code 9-4-24 -- Sauer: Uh-huh. And that will be in here. There is a tab for that -- I think what you're looking for. Slyter: Yeah. 9-4-1 I don't think there is any issue. 9 -4-21, 9-4-23, again, no issue. 9- 4-24. Monthly sewer user rates for sanitary sewer service in the city are based on gallons of water used as determined by the water meter readings. Residential homeowners and sanitary sewer user charges will be based on the actual water reported from monthly water meter readings during the period of the year from approximately November 15th to the following March 15th. For the following eight month period the average monthly reading for the period of November 15th to the -- I skipped a line. Residential homeowners sanitary sewer use charge will be based on the actual water recorded from monthly water meter readings during the period of a year from approximately November 15 to March 15. So, the winter. For the following eight month period the average monthly reading for the period of November 15th to the following March 15th, termed the winter average, shall be the basis for the monthly sewer use charge. However, if the actual water use recorded for any billing period in the summer months, March 15 to November 15, is less than that winter average, the proceding winter average, the sewer use charges will be based on the actual water use. Also provided, however, where there is a new owner, a new occupancy, or a change in occupancy, such as in the case of a sale -- and Meridian Board of Adjustment September 6, 2017 Page 2 of 37 there is a typo right there -- or new residence -- of new residence construction or sales of existing residences between November 15th and March 15th during that winter month period, the sewer use charge shall be based on the average winter residential water use in the city, which is 6,500 gallons per month, unless the current water meter reading is less than that 6,500 gallon amount. In this case the sewer user charge will be based on the actual metered water use. And, then, it goes on to commercial and industrial. So, first question. Did I establish a winter average? Sauer: Let me ask you this: How long have you -- is this your home? Slyter: Yes. Sauer: Do you live there? Slyter: No. Sauer: Do you rent it out? Slyter: It is a rental house. Sauer: Okay. How long have you had this property? Slyter: Since 2009. Sauer: Okay. Slyter: 2013? Person: 2014. Slyter: 2013. 2013. Sauer: Okay. Has there ever been a year usage? Slyter: I think we -- I really want to deal with the particulars of the law and the code first. Sauer: Okay. Slyter: If I may. Sauer: Sure. Nary: Mr. Chair. I guess -- Sauer: Yes. Meridian Board of Adjustment September 6, 2017 Page 3 of 37 Nary: -- Mr. Slyter, this is your opportunity to tell us whatever you want to tell us on why you -- or what you're asking and then -- then we can ask some questions and you don't get to question the other people. They get to testify and tell us their side, too, and we will ask the questions. So, if you have questions you need -- from them, just let us know what they are, so we can be sure they get answered for you. But this is your opportunity to tell us. So, it's not a dialogue we are having, this is a hearing. So, tell us whatever you want to tell us and your interpretation of the code or what you think we should do and why. This is kind of your chance to do that. Slyter: Okay. Well, it is -- it is self evident and I just wanted to get you to tie yourself up in knots, because if you read the code as it's written you can't do what you're doing. Sauer: Okay. And I guess I'm not clear on what they are doing. Slyter: Okay. I established a winter average at the home. There was no change of occupancy during the period between November 15th and March 15th. I gave notice to the city that the tenants were leaving as of September 29th. I think they left a couple days before that. The change to my account name I think was on September 29th. So, at that point the tenants had moved out. Been there from when I got -- pretty much from when I got the property, so -- and there hasn't been a change in -- change of occupancy since that point, September 29th, so -- Nary: And that's for which year? Are you referring to this year? Slyter: 2016. Nary: 2016. Okay. Got you. Slyter: Last year. And just before this time frame begins that is referenced in 9-4-24 where if there is a change of an occupancy the default rate goes to 6,500. Okay. It didn't happen during that period of time. It happened before that period of time. So, the winter average that would necessarily, then, be established based on the usage through that period of time each month was zero. Winter average is a mathematical calculation, zero plus zero plus zero plus zero, divided by four is zero. Sauer: Okay. Let me stop you one second. Did you have something you wanted to explain? Glenn: I was just going to say page 13 was referenced -- the usage and the time frame he's talking about. Person: This one here. Sauer: Okay. She's referring to this -- Slyter: Yes. Meridian Board of Adjustment September 6, 2017 Page 4 of 37 Sauer: And that appears to be correct. Summary of (unintelligible). Slyter: And that appears to be correct in the chart there. Sauer: Uh-huh. Slyter: So, mathematical computation says the winter average is zero. There was no change of occupancy between November 15th and March 15th, nor after that, although that's not pertinent. So, the winter average is the basis for the sewer charge in the month following that winter month. Period. And it, essentially, comes down to, okay, you say -- or the protocol is it's a zero average -- we can't have a zero average. We have got to change it. Okay. You don't have the authority to change it, one. You don't have any evidence that there has been use inside the home, two. So, you have no basis to make a change. Now, your common practice has been to change winter averages, because presumably people use water. Well, you don't have the -- the code to allow you to do that in this case. You don't have the evidence to back up the fact that it has been done -- that water has been used inside the home . You can't do it. It's that simple. And there is a whole bunch of other arguments that we can go through and I can -- I guess start through the beginning of the due letter and -- let's see. This is the original I think. So, I can give you a copy. Bolthouse: Merlin, may I ask you a question? Slyter: Yes. Bolthouse: Do you irrigate with water -- city water? Slyter: I do. Everybody in that subdivision does. Bolthouse: It was only annexed by the city in -- Glenn: This was Meridian Heights. '14 or '15. Slyter: '14 I think. I think that's when the assessment came through for 4,000 dollars. Bolthouse: So, everybody in the neighborhood there -- Slyter: Yeah. And -- Bolthouse: -- their only option is city water irrigation? Slyter: Nobody's put in anything else yet. Sauer: Merlin, can I ask you a -- let me interrupt you one second. Meridian Board of Adjustment September 6, 2017 Page 5 of 37 Slyter: Here is another couple of copies. Coles: How many copies did you bring? Slyter: Just three. One for myself and -- Coles: I think I will make a few copies. Sauer: Okay. Your recollection did he ever establish a winter calc? Glenn: For 2016 and '17 -- Sauer: No. Was there -- no. Was there ever a winter calc. Glenn: Oh, was there ever a winter calc. Sauer: Ever. Glenn: Yeah. There has been previous -- previous winter calcs. Sauer: Okay. And so, then, when they changed the code to the 6,500, he had one established before that? Glenn: No. The -- what -- what has triggered this, I believe, is the home was vacant for this -- this particular winter the home was vacant. So, the literal interpretation of code is that his winter average would be zero. Practice has been that when the winter average, quote, unquote, calculates at zero, because the property is vacant -- vacant to usage isn't usage to create a -- you can't have -- practice has been you can't have an average of zero, because there was no consumption to average. So, when that happens practice has been to default to 6,500, unless we can show some other usage -- a valid usage. Sauer: Okay. But if -- Glenn: Practice has been zero consumption is not usage, therefore, there is nothing to average. Sauer: But if -- isn't there something written in here -- and I thought I read it -- that if it is zero -- that, first of all, what Merlin read was if the actual water use for the period is less than the preceding winter average, the sewer use charge will be based on the actual water use. So, if the actual water use is zero -- Radek: It doesn’t matter -- Glenn: For that month. Sauer: Why would you have 6,500? Meridian Board of Adjustment September 6, 2017 Page 6 of 37 Slyter: That's correct. That's correct. If I had -- okay. So, I established a zero winter average and the following two months I continue to have zero, I was charged zero. I wasn't charged (unintelligible). Sauer: Okay. Slyter: That was correct. Not until I started using water outside on the lawn and the water was measured as being used did the sewer use go up and it would have gone up to 6,500 -- Glenn: Correct. Slyter: -- it would have gone up to 6,500 had I used that much on the lawn. It went up to whatever my actual water use was. Glenn: The credit calc average does not establish a baseline or a minimum charge, it establishes a maximum charge. Sauer: Oh. Okay. Radek: And in his case I think a thousand? Slyter: No. It was 3,000. Glenn: It was three. Radek: three thousand? So, you got charged for 3,000 gallons of sewer regardless of how much you used to water the lawn. Slyter: Correct. Radek: Yeah. So, you probably used a little more than 3,000 to water the lawn; right? Slyter: Well, that’s what was measured in -- Sauer: In July he uses three. On August 6 and September 7th is what this -- Radek: And you got charged for three. Slyter: That's right. Nary: Yeah. So, let me try and understand, because the one thing I heard you say -- are you saying there is no consumption of water in the home that is going down the sewer? Radek: Is it still vacant? Meridian Board of Adjustment September 6, 2017 Page 7 of 37 Slyter: It is still vacant. Sauer: That's the question I would have. Nary: So, the only water you are using on this property at the time being right now is on the lawn. Sauer: Yeah. None of it goes through the sewer. Slyter: That's correct. Sauer: Okay. Slyter; I could, in fact, use up to 999 gallons in the house going down the sewer and still have a zero -- abide by your rules. Unintelligible). Slyter: For each month in the summertime. Each month in the summertime I could do that. Bolthouse: But it accumulates -- Nary: I disagree with -- Slyter: No. No. No. It wouldn't. Bolthouse: Yeah, it does. Your meter -- Slyter: No, it wouldn't. Bolthouse: Your meter would accumulate and count. Slyter: If you -- if you're doing that over the wintertime it would, but the sewer -- okay. Here is your scenario and this is part of the problems of your using thousand gallon units instead of hundred gallon units, but in the -- in May I would have say 999 gallons of water use, I would be charged -- wouldn't be charged anything for water. That water reading would roll over to the next month and, then, I would have probably 1,900 gallons in the next month, you would still fall back to the winter average, which was zero, and, in fact, if you look at your examples chart I only used the 999 gallons each year and the sewer isn't based off of -- well, okay, it would -- it would roll -- okay. I see. Bolthouse: So, what would happen -- if you used 999 gallons -- Slyter: Okay. Yeah. You're right. Meridian Board of Adjustment September 6, 2017 Page 8 of 37 Bolthouse: Your meter reading -- Slyter; I stand corrected. I stand corrected. Bolthouse: And you would not be paid. Correct. When you started consumption over a thousand, now you're going to get a reading on your second month of one thousand gallons -- Radek: Or more. Slyter: I stand corrected. But it would -- under your code it would still only -- you would still only be authorized to charge me for zero because of the water -- winter average. Radek: Your winter average -- Nary: Why don't we just pause for one second, because it appears to me what you're argument is -- and I disagree with your interpretation of the code. I think you're wrong. I don't think the code reads the way you say it is. The code is very clear in my opinion. I have to look at it like a court would look at it. Slyter: Uh-huh. Nary: Okay. So, if you do look at 9-4-1, the first thing it tells you is that all lots in the city that benefit by this sewer collection system have to pay for it. So, everything that you're talking about has to gear towards somebody pays for it. That's why zero cannot be a number. Someone has to pay something for the units of use. So, I disagree with your interpretation, because everyone has to pay -- a court is going to look at it and say what does this tell us, because you cannot have an absurd result. So, you cannot come out with a result that would be zero, because you already know everyone has to pay. So, I look at this and say the first method of calculation is the winter average. But if the winter average isn't correct or doesn't exist, like in this situation, and you have other circumstances, there are other circumstances that are not exclusive to the ones that are identified here. They are examples of other methodologies on how to come to that 6,500 or actual use and so the actual use is the best denominator to say that's the best one in favor of the customer, because it's what they are actually using. But what I'm hearing you saying is I may have actual use of whatever it is on the lawn, but I haven't used one drop of your sewer. Is that -- is that your position? Slyter: It is. Nary: Okay. Is there any way for us to measure that? Slyter: You have the burden of proving otherwise. Nary: No. You don't. You have to abide by this. Sorry. Meridian Board of Adjustment September 6, 2017 Page 9 of 37 Slyter: Yeah. Nary: You do. Not the city. You have to abide by this method that exits. Slyter: I say that my water use is on the lawn, that I had no sewer use. That -- I think I would defer to your argument over the course of the summer -- until I thought it again -- and for this purpose it will work. Over the course of the summer months I would have up to 999 gallons before it would trigger any change in the winter average. Nary: Sir, I think that's where you're mistaken. The winter average is no longer an issue. The issue is actual use. If your testimony is that you have no occupants in the home, no one resides there, no one flushes the toilet, no one goes in there and washes their hands, no one enters the home and uses any water inside the home, then, that's what we are asking today. That -- that's testimony. Slyter: That is my testimony. Nary: Then this board has to decide if we agree with you or we don't. Slyter: Well, it's -- it is a wider question than that, though. Nary: But I don't believe it is. Slyter: That is my position. Nary: I understand. I just don't agree with your position. I think our code is very specific. Slyter: And I have not used -- Nary: The burden is upon you. Slyter: I have not used any water in the home and if I make the statement that the water is outside -- used outside, there was no water inside, you would have the burden to prove otherwise. I -- there isn't a way -- you don't put the burden on other homes where people come home for the summer and use higher water to prove that no one came home in the summer. If they have higher water use, you're just going by the water use. Nary: But I'm talking about the code. The code says you have to pay for it, unless you can prove otherwise. You have to prove otherwise, not the city. Slyter: And you're referring to the sewer. Nary: Correct. That's why there is this other language. It says -- Slyter: My testimony to you says there is no water going down the sewer. Meridian Board of Adjustment September 6, 2017 Page 10 of 37 Nary: Okay. And that's fine. And that's what we are asking. That's okay. Radek: Can I just throw out an example? And I think it follows what you're -- you're going after, Bill. So, we have had billing adjustment requests that have said the house was vacant from this time to this time and the only usage was on the lawn and we have requested electrical bills or gas bills or something -- something to show it really was vacant, to back up that - and we have provided adjustments for that. Glenn: On monthly statements, not the credit calc average. Correct. Radek: It has nothing to do with the credit calc average. It just basically says, hey, just like you're saying, all the water went on the lawn just to keep the lawn green and here is my proof that there was nobody living in this house. Slyter: Why -- why is the winter average of zero not a valid calculation? It is a mathematical calculation. This prescribes a mathematical formula. Nary: This code Section 9-4-1 makes it very specific. Every lot in the city has to pay. Slyter: And I do pay. Nary: Right. Slyter; I pay two fees. I pay the base fee. That is what I'm obligated to pay. It says further -- 9-4-1 that you have to pay -- where is it? 9-4-23 I think it is. Yeah. Unintelligible) property subject to change (unintelligible) owner in the city to which a public sewer is available and is required to connect to the sewer and required, but is not used by the owner, is still subject to user charges. Nary: Correct. Slyter: And I'm paying user charges. I'm paying -- and when you look at the user rate schedule I am paying the 8.68 -- and 8.68, 8.65, and the EPA figure 3.75. Glenn: (Unintelligible). Sauer: Is that what they talk about -- let me just ask you. Is that what you talked about as an administrative fee -- Unintelligible) . Person: It's a base and a usage. Nary: And I would agree with you. But, again, the code section is very specific and this the way a court would look at it. The court presumes that the legislative body that passed Meridian Board of Adjustment September 6, 2017 Page 11 of 37 the ordinance knows all of these work together and, therefore, they would not pass an ordinance or a statute that would have a result that makes no sense with the rest of the statute. So, it says everyone pays a usage -- or a base fee and everyone pays a usage fee. The method to calculate the usage fee -- Slyter: It doesn't stipulate that. It doesn't separate out the base fee and user fee. Nary: I think it does. Slyter: It does not. Nary: It's a fee. This is the cost of the system. Slyter: It says the package of fees. Nary: Correct. So, it does. So, what I'm saying is there is a method on how the base fees were established and approved by the City Council and there is a methodology in this 9-4-24 in how the usage fee is calculated and my reading of it is it begins with the winter average. That's correct. But if the winter average isn't satisfactory, if it's zero, or if there isn't one -- Slyter: That's a judgment -- that's a judgment call. It's not valid. Nary: Exactly. That's exactly what courts do all the time. Please stop interrupting me and let me finish. Slyter: Yes, sir. Nary: Okay. Courts do that all the time. They make judgments based on what the words in the statue mean and I read it to say the winter average is the first thing you use. If there is no winter average, which there isn't, then, your method is actual use. That's what you do. You look if there is a change in occupancy, there is a change in ownership, there is a change in the property. If your position is no one occupied that home and no one has dropped one drop of water in your sewer system, therefore, I shouldn't pay a usage fee for sewer, then, we have a method in which to address that. Show us something to show that no one is occupying the home. But the burden is on you, sir, not us. This ordinance is very specific. You have to pay unless you can establish that there was no usage in the home. Slyter: Look at Exhibit A, Monthly Billing Usage Chart 2014, which is the rate schedule, below are the two rate components that make up your monthly utility bill, excluding trash service. By using the chart below you can see how the rate increase, which was enacted back in 2014, will affect your monthly bill by locating the total gallons of water and sewer you use each month and adding the totals in the new rate columns and the compliance fee column together. Your water and sewer gallon usage can be found on your monthly utility bill. So, when you look under the quantity of one to 999, you see only the base fee Meridian Board of Adjustment September 6, 2017 Page 12 of 37 and the compliance fee. You don't see any usage fee. So, zero means you aren't charged for usage. The winter average was established at zero. That is a valid figure, especially when the argument is made the house is vacant, there was no one there, there wasn't anyone using the water. It's a valid figure. It's the winter average based on it being vacant. It's still vacant. The only possible use would be for using the toilet when people are working there, which might have happened two or three times since they moved out -- Nary: Okay. Slyter: -- over -- and that's -- but that would fall under that first line of one to 999 gallons. Nary: Okay. Slyter: Zero. Right? Nary: You could. Slyter: Okay. Where was I? Sauer: Let me ask Dale something. Dale, what is this line one to 999 for if the meter doesn't add up until you hit a thousand? How does that work? Bolthouse: The city bills in thousand gallon increments. Sauer: Right. Bolthouse: Okay. So, a meter reads more -- a higher resolution than thousand gallons, but it truncates and bills to the thousand gallons. So, it's basically saying -- Radek: Until you use it. Bolthouse: -- until you use a thousand gallons there is no identified usage from a billing purpose. Sauer: Right. Bolthouse: Until it triggers over. So, one thousand and one gallons to one thousand and 99 gallons -- one thousand nine nine nine, it's still only one thousand gallons. Sauer: Right. Bolthouse: It always truncates at about -- in three decimals and it averages or truncates down. So, that's what -- that's what that intention is. I can't tell you about the one -- Meridian Board of Adjustment September 6, 2017 Page 13 of 37 Sauer: So, if the meter doesn't roll, they are just talking about this charge here, this five dollar and something -- Bolthouse: For a given month, if there is less than a thousand gallons consumed, as identified by the meter, there is no usage fee applied. Sauer: Just an administrative charge. Bolthouse: Well, I wouldn't -- Unintelligible). Bolthouse: Because what -- the two components that you have here are basically fixed and variable cost. Sauer: Uh-huh. Bolthouse: Based it's in theory to cover fixed costs of a half billion dollar distribution system -- Sauer: Uh-huh. Bolthouse: And your variable costs are those to operate a water system of 23 wells, 30 employees, treatment facilities and all the other things that go into, you know -- Sauer: Uh-huh. Slyter: Chemical treatment. Bolthouse: -- providing -- chemical treatments -- he understands those. So, it's fixed cost and variable costs is a rough definition. Nary: So, the chart itself, which is established by the City Council shows a minimum of one. Slyer: Yeah. There was no zero. I have wondered about that. Nary: So, one is the base -- the most minimum charge we can charge. Now, as Dale said, you don't get charged for that anyway. Here I think there already is an existing method to address your concern. If you can show that the house is vacant -- but you have already just admitted on the record that people have been in the house flushing the toilets and -- so, I don't know what to believe when you say none ten minutes ago and some two minutes ago. But if you want to establish through them that there is a -- there is the power bill, here is the gas bill, whatever, that shows no one occupied that home -- it sounds like we have addressed that before and we (unintelligible). Meridian Board of Adjustment September 6, 2017 Page 14 of 37 Bolthouse: May I ask a question? So, on the August billing that's in the packet here behind this rate sheet, what has -- what has transpired there? It looks like -- the previous the last previous -- Nary: Which page are you -- Bolthouse: I'm sorry. It's page 18. Nary: Okay. Bolthouse: Sorry. So, now all of a sudden it looks like there is a -- there is a calc average of a thousand. What -- what transpired there? There was an adjustment to the bill? Glenn: We actually did -- because the winter -- because our CCA process -- again practice, the four months of winter there was absolutely no consumption, so we defaulted at the 6,500. When the first bill came out -- Slyter: Which isn't in your packet. Glenn: Yeah. I don't think it's -- Slyter: It was part of my submission. Bolthouse: So, following -- so, that would be like your April billing. Glenn: Right. Bolthouse: And it was zero. Glenn: Correct. Slyter: And that would be a previous page. It should be in my submission in the first section. Glenn: I think it was -- yeah. (Unintelligible). So, when his first read came out -- it's page -- Bolthouse: There was no -- there was no April and May billing -- Glenn: Right. Correct. Bolthouse: -- in here. But your -- Glenn: Basically -- Bolthouse: -- your graph shows it's zero. Meridian Board of Adjustment September 6, 2017 Page 15 of 37 Slyter: Yeah. Bolthouse: And I assume we paid -- and I assume we paid base rate, compliance fee, no usage fee. Slyter: I did not take a usage fee. I approached -- I approached the billing office and I said why is there 3,000 on here, there wasn't any usage and was told that it -- well, it would have gone up into 6,500 if you had used that much and -- and I argued my point and they were willing to adjust it to 1,000 and I said I'm not satisfied with that. There was zero usage. But they kept the 1,000 as the default overriding amount in place of zero, instead of 6,500. Bolthouse: So, in this case you used 6,000 gallons -- Sauer: Of water is what it's saying. Slyter: Yes. Why wouldn't it 6,000 sewer. Unintelligible) Glenn: If you look at page five -- Sauer: They did manually reset the CCA -- Glenn: Yes. Sauer: -- from 6,500 to -- from 6.5 to one. Glenn: So, page five in July we had gone through the winter, we did our CCA calculation. We set it at 6,500 and, then, once the company started using water this was the first bill that came out with consumption, because the CCA was set a 6,500 it charged the 3,000 for water and 3,000 for sewer and that's when Mr. Slyter approached and said, okay, got it. I understand, the house in vacant. I can't set the CCA at zero. If I set the CCA at zero it automatically defaults to 6,500, because in our world there is no such thing as zero. So, we had set it to one -- Slyter: Before -- pretty much before I started my appeal, kind of -- Glenn: Correct. Slyter: And, then, when I started my appeal they didn't change it back. Glenn: Correct. Yeah. We haven't -- we haven't said, okay, forget get it, we are going back to 6,500, because you're arguing -- I mean we are trying to work through the process, so -- Meridian Board of Adjustment September 6, 2017 Page 16 of 37 Nary: Let me understand from Kyle's point earlier, because maybe I missed it. So, you said you have had a situation where people came in to prove that they didn't use -- the house is vacant. Have you had a situation where people who came in to show the house the assumption was that even a thousand gallons. I don't know how it would show that, but I'm just asking. Or did they just come in and say the house was vacant, here is my Idaho Power bill? Radek: Yeah. And it's only happened I think once or maybe twice. Nary: And what did you do? Radek: And I -- we looked at the power bills and said, yeah, I believe you and we said so we are not going to charge you for any sewer during that time. They might have flushed the toilet -- yeah. Sauer: Usage. Radek: Yeah. Usage. Nary: It's a minimal amount potentially, like Mr. Slyter spoke of, probably wouldn't get over a thousand gallons. Radek: Right. If they really did flush the toilet like five times. I mean it was this house on the corner with the alien. Nary: Okay. Sauer: To the country or to the world? Nary: It has an alien an sculpture on it. Radek: It has an alien sculpture that used to be a tree. Bolthouse: So, it's possible or there is -- there is precedent where there has been an adjustment where the house remains vacant and usage is demonstrated to be external -- Radek: Yes. Because he was trying to fix the place up to get -- you know, to say sell it or whatever and -- yeah. And they showed up by other means -- Sauer: If somebody is trying to do that, though, they are going to use a certain amount of electricity. Is there -- Radek: Yeah. So, you know, you got -- it's a judgment call, you know, it's -- well, you show me what you got. Meridian Board of Adjustment September 6, 2017 Page 17 of 37 Sauer: Previous year -- Radek: -- electrical, gas, I don't know, something else. Maybe the phone was cut off. You don't have phone service in a home anymore. Something. Cable. I don't know. Bolthouse: So, can I ask what happens, then? So, in a situation like that how do we know when the house becomes occupied ? Sauer: Typically from landlord's perspective they're going to want to get it out of their name. I'm not going to -- Radek: And, then, there will be new account owner from Karie's end. Glenn: It does -- that situation does depend on the landlords. Person: But certainly that would show -- Glenn: Third-party billing is -- third party billing is optional. Person: If they did set up new account in a new name that would show. Slyter: That would show as a change. I understand that. Nary: I would imagine on the rare circumstance that the owner of the house allowed a family member or something to live there and didn't tell us, there might be a period of time where that would happen. But generally if it was being used as a rental property they are going to have other means that (unintelligible) that, so -- Glenn: I do believe that Mr. Slyter does put the accounts in his renter's name. Slyter: What I have done most recently with -- with Rose Circle, I kept it in my name. I kept the account in my name. I notified you of a change of occupancy, so that there would be a date marking the change, because there is an unrelated, but I think pertinent situation at this property when the tenants moved out the city was undergoing its change over in software and it let the tenants get three months behind on their water bill. I got to pay that. It's not supposed to go three months. So, the city helped make the situation a little worse for me by not calling them to account. So, I can't let the account stay in their name anymore and make sure they pay the water before they pay the rent. So, the city has made the life a little bit more difficult and so, in fact, the history of the account does carry from owner to owner -- or from occupant to occupant. I think it is -- I totally disagree with your position and I don't -- I don't think that -- in particular I think you could help yourself in this paragraph. The change of occupancy triggers the 6,500 gallon use, according to this paragraph only if the change of occupancy occurs between -- in the winter months. Nary: And I don't agree with that. I think that is (unintelligible) -- Meridian Board of Adjustment September 6, 2017 Page 18 of 37 Slyter: What is -- Nary: -- exclusive (unintelligible). Slyter: This is the city code. It describes the winter average and it says specifically that where there is the new owner and a change of occupancy between November 15th and March 15th, the sewer use charge will be based on the winter average. I think any judge in a court would agree that the purpose is -- if you have someone move in during the summer they are going to set up a new account, they are not going to have a winter average, because they don't have history. They are going to -- they are going to see the intent there that it carries across. But that's not what it says. If, in fact, you had that trigger effect or -- apply to the whole year, where you have a change of occupancy, just as a generic term, occur anytime during the year, then, you get the 6,500 gallon use. That would cover the proposed loophole that the Public Works writer mentioned on the next page, page 29, where you have people that are going maybe south for the winter and they come back. Well, you don't have a record of a change of occupancy. You have a change of use, because there was no use in the wintertime and there is use in the summertime, so it appears there is a change of occupancy. You don't have record of one and according to this it doesn't really matter, because the change of occupancy didn't happen between November 15th and March 15th, it happened to come back -- come back sometime after March 15th. But if you had that change of occupancy trigger apply to the whole year, then, in fact, when you say, hey, you're here now, you weren't there and you came back in May, but we are still going to charge you for the sewer, because you're sewer using and it's going down the sewer, they, again, then, would have to prove otherwise, as opposed to, no, we didn't -- we didn't have a change of occupancy in the winter, we didn't trigger the 6,500 gallon use. Nary: And I don't read it that way. I'm sorry. I just don't. I disagree with you. We don't have to agree. I think those are examples of other methods to calculate the rate. Slyter: Examples -- Nary: They are specific that those are the only methods in which to calculate the rate. Radek: Even if somebody changes occupancy in August you got to start from something. Nary: Right. So, I think it's -- I think it's an example and I understand why you may read it differently and I'm not saying you're wrong, I'm just saying our -- our responsibility is to interpret it as we see it and I disagree with you. I think those are merely examples. They could have said -- they said such as, they could have said including, but not limited to. It could be within that time period. It could be a change in occupancy at any point in time. It could be a change in use at any point in time. I think those are merely examples to help drive the conversation on how do we calculate a fair rate for the occupant or the property to pay, because everybody has to pay. 9-4-1, everybody pays. So, again, we can agree to disagree and that's fine, but I think all we are talking about at this point -- it's not this, Meridian Board of Adjustment September 6, 2017 Page 19 of 37 but whether any of it went down the sewer and if you can establish to Public Works Department that it's not an occupied home, at most it's incidental use internally, it's not a thousand gallons, all of -- most all or most of it is going on the lawn or external to the property, then, they can adjust it. Slyter: And that's pretty easy to do. That wasn't my primary purpose in coming here. Nary: I understand. Slyter: The primary purpose in coming here is that this -- this paragraph is written very poorly and I think a judge in any court would agree with that. It needs to be much clearer. The -- it doesn't say anything about this being an example. This is the only place where winter average is defined and the only time that the 6,500 gallon figure is applied is described in this paragraph. The only times -- I think one or two different situations. It's in this paragraph. This isn't an example paragraph. This is the definition paragraph. Nary: The second part after the also are examples of other (unintelligible) to come up. So, honestly, at this point, sir, I don't think that argument about this code, in my opinion, is relevant. The only thing relevant in your position is that none of it went down the sewer and if you can establish that, then, the Public Works Department, they can adjust it. How we interpret this has no relevance today to what your issue is. Your issue is you're not using the sewer. Sauer: So, what adjustment exactly are you looking for? If you can prove, you know, what -- Slyter: There should be no sewer use charge. Sauer: And you had one. Person: $5.54 per month per month. Three months ago. Unintelligible). Slyter: But the city is -- is not acting appropriately. The city is not acting properly in making an adjustment when it doesn't have the language in here that allows the Public Works Department to change according to measured fluctuations or other -- other parameters or other variations in use. It doesn't have that allowance in the code. Nary: But they have done it. They have allowed it. They allow exactly what you're asking. If you come in and show proof that the house is vacant, they can, then, adjust it. Slyter: Well, it's -- Nary: And that's to your credit. That's to your benefit. Meridian Board of Adjustment September 6, 2017 Page 20 of 37 Slyter: Yes, it is, and it's entirely with the city's purview and -- and ability to make adjustments against their own benefit. They don't have the -- the authority to make charge to apply charges more than what is established in code. They have the right to ask for less or say, yes, we will accept less. Anybody has that right in a business transaction, say, yes, I will accept less. But nobody has the right to unilaterally say you have to pay me more outside of the terms of the contract. Nary: Correct. I don't disagree with -- Slyter: And that's -- and that's what the city is doing. Nary: That's your interpretation. That isn't mine. I don't know what these other gentlemen think, but I disagree with you. I think this established the limits. I think they have the ability to adjust it down. I think these are merely examples of reasons you would consider alternative methods of assessing what the fee is and if you could show the house is vacant, this interpretation of this code section makes no difference any longer. Slyter: If someone is in the south from -- where -- Nary: We are not talking about theoretical people. We are talking about yours. Slyter: From November 1st to April 1st and, then, come back on May 1st, they do not trigger a change of occupancy within that time frame and there isn't any proper adjustment from the winter average. Nary: That's not the issue before this board today. That's not your issue at all. It's not relevant. A court is not going to consider a theory. You're only talking about how we read it. I told you how I read it. I don't know how these two guys read it. But my view is if you can show that this house is vacant and show its vacant, they will adjust it. Bolthouse: I -- I'm a little concerned about the adjustment of the CCA based on what I see here, as opposed to the adjustment of a bill based off the fact of a nonoccupant property. Nary: Right. Bolthouse: So, that concerns me a little bit, because I -- how are we going to know when there is suddenly a nonconsumptive use of some kind occurring there, where it is sending, you know, volume to the waste treatment plant -- Slyter: Can I address that again? Bolthouse: -- and I don't know -- I don't know how -- I don't know how we would catch that and pick up on it and change it and now you have a thousand CCA loaded in there, that can be -- that's problematic for me. Meridian Board of Adjustment September 6, 2017 Page 21 of 37 Slyter: Can I address that in a theoretical situation? I think it's page three of that most recent handout that I offered. It's part of my letter near the bottom -- or at the bottom. What about the scenario of a household that's -- here is sort of what you were asking. Of a household with steady water use through the winter months of let's say 4,000 gallons. Another family moves into the household in May. It might be crowded, but the billed sewer use doesn't rise. There wasn't a change of occupancy reported. Unless you're monitoring the account you aren't going to -- and flagging it if it doesn't pop up on you and they are using more water and more water is going down the sewer or another common situation, college students that come home in the summertime, how are you -- without -- without this codified and without this directed, it's going to be up to individuals who watch the computer flags to say, hey, there is a lot of fluctuation in this and, then, for their individual judgments to come into play. So, water and sewer use -- these situations may be impossible to allow for and properly bill. I would be rather loathe to grant the city additional power and authority to -- to watch the household, other than just be monitoring the water use. I mean with cameras? No. Just you're monitoring the water use. Measuring the water use, you flag and review unusual patterns, you notice -- you send notice if you think there is something wrong or something unusual there and, then, there needs to be dialogue between the city and the users when there is some unusual pattern and I think you just said -- in your statement you recognize that said situations was -- may occur. It may not be billed properly. Nary: But you're not overbilled. I mean the reality is I would (unintelligible) -- Slyter: Hold on. Hold on. No. Hold on, please. You're interrupting me now. Just a moment. Recognizing that such situations may occur and probably do occur and the city may be underbilling and situations may occur where they are overbilling if someone leaves the home. So, it can go both ways. So, we do recognize that a certain amount of this falls on trust and fairness. Fairness and each party has to trust the other. There has to be accountability. There has to be some measure of a way to prove your case if you think I'm using more than I should and it's going down the sewer, some way for me to prove otherwise. If the city anticipates that these scenarios may exist and that such a household sewer bill doesn't go up, simply because the city didn't flag that particular unusual pattern and, of course, the household is going to stay silent, why is it fair when I speak up and demonstrate that my sewer use is low or zero and you have answered this part -- that the city doesn't adjust -- trust my story and adjust the -- I don't have -- you can't apply a noncodified judgment uniformly and fairly unless you really listen to the dialogue and trust the other party. Nary: Are you done? Slyter: Yes,, sir. Nary: Okay. So, I recognize -- and I have sat on this board for a long time -- that there are better ways and different ways that water system and sewer systems operate and in my opinion, as a lay person -- I'm not an engineer -- that if you could actually sewer the sewer -- or -- Meridian Board of Adjustment September 6, 2017 Page 22 of 37 Radek: Meter the sewer. Nary: -- meter the sewer, that's your most accurate method of knowing how much sewer you're actually using. Barring that, which I don't know if that's done. It probably is done some place, but it's not done here -- baring that, then, there has to be a business decision and how are we best going to do that and the credit calc average or the winter average is -- has been a method that the city has felt is a fair way to do it. You are correct, if you have your family come and visit you all winter and they are here for three months and the usage is high, it may impact your credit calc average. If you have kids that come home in the summer and aren't there in the winter, that could go the other way. I recognize there are not infallible methods of this. But the way I read this code is that it is trying to provide that level of flexibility on how these are charged. The winter average is the first method and the preferred method on how your sewer is -- is rated, how the fee is assessed. But if that isn't reasonable or fair, like you're saying, and there needs to be something else, well, we have a lot of flexibility in this code to do that. Could we write it a little bit more or write a little bit more -- we always can and I tell you lawyers like writing lots of code and that's fine, but I think there is enough in here that allows for the flexibility that you're asking. So, this isn't the board's responsibility or job today to interpret this code for everybody, it's to assess this individual situation and what your request is and as I said -- and nothing's changed from what I said 20 minutes ago, there is a method for you to prove that your house is vacant. If you can provide that, they can review it, they are going to have to do some trust on their part to say, well, it looks -- you're right, this is unintelligible) had to do before and if that's the case they will adjust your bill. Slyter: This option wasn't ever offered -- Nary: And that's why we have this board. Slyter: Well, it shouldn't have go to this board to have that offered. I presented a fairly simple, reasonable explanation. It should have been -- it shouldn't have had to go beyond that initial conversation that if the house is vacant, there isn't any use, there wasn't any use then, there isn't any use now, it should go to zero. The conversation shouldn't have had to go any further than that. If she wanted documentation or if the -- the department, the powers that be, wanted documentation and they wanted, then, the copies of the -- of the utility that would seem reasonable. It wasn't asked. It wasn't proposed. So, if it -- if it has happened in the past, great. It should be part of the necessary protocol and not have to escalate to this level before that's asked. Nary: I don't disagree with you. Radek: It sounds like maybe there is confusion about the issue. Nary: Right. And, Mr. Slyter, to be fair -- and in looking at this issue and all the material that has been provided, I think that there was miscommunication and the city can own just as much of that, too. But I think as we -- we got really focused on -- from everything Meridian Board of Adjustment September 6, 2017 Page 23 of 37 I have read here, on whether the credit calc average could be zero or not zero and, like I said, after listening to you for five minutes I don't think that's the issue at aIl. I think the issue is the house isn't being used and, therefore, no sewer is getting, therefore that's the reason we should make an adjustment and if there is a method to do that, then, we should do that. So, I apologize that there was miscommunication by anybody, but -- but we are here now. I think that's a fair result. I think that is reasonable and I think the code supports that ability to be that flexible. Slyter: I think the code is -- doesn't have that -- doesn't offer that flexibility. I think the -- the utilities billing office has offered that flexibility on its own, maybe in keeping with the intent of city code as a whole. This particular paragraph does not offer that flexibility. Nary: That's why lawyers disagree all the time. Slyter: And you didn't -- do you acknowledge the one little tiny typo that I pointed out? Nary: The one that says of instead of for? Slyter: It says or instead of of. Nary: That happens all the time. Slyter: It's misreadable. Nary: Those are called scrivener's errors. Those are really not significant. Slyter: But apart from that it's -- it's -- it does not offer the flexibility that you're describing. Nary: And I believe it does. I believe it does. We can talk about actual usage, having determined actual usage is not specific or tied to one means or (unintelligible). Therefore, to determine actual use is like what Kyle proposed saying show us something showing the house was vacant, would, then, go back to how we determine what actual usage is and that's (unintelligible). Sauer: I need to ask you -- now, my understanding is -- from what I have been hearing is this 1,662 is the amount in question. Slyter: No. They did refund -- how much? Ten or 11 -- Glenn: We -- actually, we did do it -- we changed his CCA from 650 -- the 6.5 to one, so we have adjusted it down. So, what is the question is, basically, the 1,662 -- well, I guess because his September bill probably was -- just hit the mailbox or will be hitting the mailbox, it's right now on the account it's 554 times two. So, ten -- 1,108. Person: Times three or four, probably. Meridian Board of Adjustment September 6, 2017 Page 24 of 37 Glenn: Yeah. Five fifty-four times three now. So, it would be 662 -- or 1,662. Sauer: So, even though their water usage -- Radek: The winter average is keeping it from being billed out of sewer. Glenn: The winter -- the CCA is currently set at one. It was set at 6,500. But when we did talk -- and we determined that the house was vacant, we agreed 6,500 was out of line. We reduced the CCA down to one. So, 1,000. And that's the 554. Sauer: And you think it should be zero. Slyter: Yes. Nary: Or at least less than 1,000. So, there wouldn't be a charge for it. There wouldn't be a charge -- additional charge for usage if it's less than a thousand. Glenn: (Unintelligible). Slyter: But that would be less than a thousand on water. Unintelligible). Nary: I don't know if this is going to get recorded very well if everybody talks at the same time. If everybody talks at the same time there is no record of this at all. So, I think what the chairman just asked is that is it's still showing usage of water and I think what I guess we have established I think in the discussion is that what Mr. Slyter is saying is that all of that usage or a majority of it, a significant amount of that, however you want to categorize it, has been used external to the home and, therefore, is not going into the sewer and so what we have discussed is providing some level of proof that the house is vacant and, then, the department can adjust the sewer charge back to zero if there is no usage of water internally that's -- that they are comfortable wouldn't exceed the 999. Because up until 999 you don't get charged a usage fee for sewer anyway. So, if they are comfortable with that I think the code provides a level of flexibility to allow that ability (unintelligible) to show us that and, then, they can adjust that down. Sauer: But one question I would have is you said you had workers there working and that may be using the toilet or something. Slyter: Well, that was a theoretical situation. Sauer: Oh, that was theoretical? That's not actual? Slyter: It was theoretical and I would guess that if I had flushed it would have been me. If I have it would have been no more than three times since they moved out in September. Meridian Board of Adjustment September 6, 2017 Page 25 of 37 Sauer: For three months, four months? Slyter: No. For -- since September 29th. Sauer: This -- Slyter: Last September 29th. Sauer: Last September 29th. Slyter: We had a -- yeah, we are still in early September -- last September. Nary: So, I mean -- Slyter; And typically I haven't had the time to do much work there. I haven't spent much time -- much time there since then and my -- my theoretical posit was to point out that I could have used up to 999 gallons and it could roll over. Nary: Correct. I agree with that. Slyter: And so three or to five flushings isn't going to meet that. Sauer: Right. You hope. Unintelligible). Nary: Based on this -- Slyter: So, you mentioned that things had been adjusted before? Why didn't it happen this time? I mean have you been part of that, Karie? Sauer: I think that the problem was that the issue discussed was the winter average and not -- not -- Slyter: And I appeal that principle before -- maybe before they had the (unintelligible). Radek: So, I think -- I think that just the -- the argument went in a different direction and I just thought of this, actually, last night, because I thought, well, maybe the guy is saying the house still isn't occupied. So, I didn't get that out of that information either. And so if it house still isn't occupied and it's been vacant this whole time, well, that's a whole other thing. That could -- we could just do a billion adjustments. Nary: And this -- this seems to -- again, as the lay person on this board -- I mean this appears to be consistent with what Mr. Slyter is saying, I mean the last large amount was in October of '16, which is still in the fall. When they are still probably doing exterior, if they are still using water -- Meridian Board of Adjustment September 6, 2017 Page 26 of 37 Slyter: Well, look at the reading dates when that -- on that. Nary: Right. And, then, it goes down and, then, zero, and, then, it doesn't come again until the summer months. So, it seems consistent with what he's saying that the house wasn't being used, isn't -- vacant, and that it's used primarily external and six to seven thousand on external is not an unreasonable amount from my experience. So, I mean I don't have any reason to disagree with whether or not -- Slyter: I had one -- one day where the sprinkler ran -- malfunctioned -- the timer malfunctioned. It ran for about five hours outside. Person: So, maybe that's where the 7,000 came from -- the 6,000. It's not material really. Slyter: What kind of proof would you guys need? Sauer: What further documentation would you want? Radek: I think electrical bills is where I would start. Slyter: What else have you had provided beside electrical bills. Radek: Like I say, this happened -- this happened one or maybe two times and -- Nary: Well, the electric seems most logical, because, again, you have a -- you have a -- kind of base rate you can refer to and (unintelligible) sand how it works. So, again, if you have a fairly small electrical bill and you have this minimal amount of water usage it tends to marry up that it makes sense -- Radek: Does the house have air conditioning? Slyter: Uh-huh. Radek: You can tell if somebody is in there or not. Unintelligible). Nary: To be honest -- and, again, I don't what these other two gentlemen think. I, personally, based on just the way this usage is and how we have seen these before, I don't know that you need to provide us anything else for this adjustment. Now, going forward in the future if the house remains vacant for another six to eight -- a year or whatever, that may need to be the conversation about showing it's still vacant, but I'm perfectly satisfied to adjust the math. I don't know that I need to see your power bill or your power bill today. Sauer: Dale? Meridian Board of Adjustment September 6, 2017 Page 27 of 37 Nary: Dale is over here. Bolthouse: I -- I think I could accept that as well, with some means of knowing if and when there is an occupancy change, that it's somehow -- if this rate goes -- so, if your next month it goes to 20, is that -- Radek: You're still going to be charged for a thousand. Bolthouse: -- excessive use of water or do we now have 13,000 gallons going down the sewer. How do I know that? Slyter: And I agree that there needs to be dialogue on -- on you having a way to verify that. Bolthouse: Yeah. Somehow I just would want to -- Slyter: You -- you allow me to keep it in my name. It is definitely in my interest to keep in my name when new tenants move in, because I'm going to have to pay their unpaid balance if they move out without it paid. So, you know -- I mean there is a good business reason for me not to put it in their name, that I can assure that they pay it before they pay the rent. I don't have to give the utilities billing office notice that they have moved in. Maybe you should have it in the code that I am responsible for doing that. Bolthouse: We don't have to adjust the CCA down to a thousand and my recommendation is that it goes to 6,500 per the established average and we adjust it for a nonoccupancy circumstance, so your bill will show a higher -- well -- Radek: You're going to pay more for the year which it's unoccupied. Bolthouse: So, you're going to pay more for these months, but your adjustment is going to be larger and it will still offset it to zero would be my preference. Glenn: So, the charges would go out at 6,500, but we would adjust them off? Bolthouse: You would adjust it -- sewer usage to zero if -- as long as we are continuing to be vacant and unoccupied. Slyter: And you would be requiring monthly proof or (unintelligible) of that? Sauer: It's not in the code to do that. Slyter: I think there needs to be dialogue and code adjustments for what you're -- what you're suggesting. Meridian Board of Adjustment September 6, 2017 Page 28 of 37 Nary: Yeah. Again, I don't agree with that. I think the code says it's credit calc average. If there isn't a credit calc average, then, it's 6,500. If the property -- or the tenant or property owner thinks it should be based on something other than that 6,500 -- so based on actually use, then, it is incumbent on them to do that, however they want to do that and there is methods that we have established through policy and practice on how to do that. So, I think the code does say it. Could we write it different? Sure, we could write it different. But the code does say winter average, 6,500, actual use. So, Dale is not wrong in saying -- if we say instead of 6,500 -- and if you think that's wrong, because it's not occupied, then, you need a come show us why we can adjust it and, then, that goes through the normal adjustment process that we have. Slyter: Well, again, the winter average of zero is valid. It is a standard mathematical computation and it is a valid number. Zero is just as real a number as one is a real number. They are both in the mathematical world and when you -- when you support that by saying the house is vacant, zero is a very reasonable number and when the house stays vacant zero as a CCA or winter average is a valid number. Can you -- can you change the code and say if it is low or if we flag it as unusual we can require you to document it? Yes, you can change the code to say that and, then, you could require the user to provide that on a monthly basis or otherwise. I can provide this information to you. I don't think you have the right to require it, because this doesn't stipulate that. In this case the winter -- in this case the winter average is zero. The winter average is applied now, because there hasn't been an occupancy change, so I shouldn't have to document it. I'm making the assertion it's vacant, which is reasonable and it's backed up by all of the records that you do have. But we are just going around in circles, because we are saying that we are going to -- I can provide that information going forward to -- that's a pretty good point. Keep it at 6,500 and except a variance from that on a monthly basis or until there is a change. But, again, the city needs to have a good mechanism to assure itself when there is a change and you have pointed out you don't have that. I'm not the person to tell you how to do that, but -- Radek: That’s why we would not adjust it from 6,500. Person: Correct. Radek: And you would be forced to pay the bill for what -- however many months before you did a billing adjustment. Slyter: I think that keeps the impetus to you to initiate that correction -- Person: (Unintelligible). Slyter: -- which I think puts -- I think that demonstrates a trust -- Person: (Unintelligible) what about that? Slyter: I didn't hear what he said. Meridian Board of Adjustment September 6, 2017 Page 29 of 37 Radek: I just said it's a little onerous to do a billing adjustment every month, but -- well, our preference, of course, would be once you get a renter let's do a billing adjustment for the time that you -- it was vacant. Nary: And that's where I guess maybe I differ slightly. I don't know that you have to do it every month. I think if there is a method that you can agree on to establish actual use the code supports that. You can determine his actual use is not 6 ,500, his actual us is less than a thousand. Okay. I don't want to argue about zero anymore. We have done that for an hour. Less than a thousand. Because there is no additional user cost for that. So, if there is a method in which you could show that, that it's still vacant, we can make that adjustment, we can adjust it. I don't know that we have to -- I think the code says actual use can be a calculation and there is a way to do it. So, if the comfort level is that I understand Dale's concern is how do we know when it changes? How are we going to know and I think we live with that every day anyway. We have this happen around town -- I'm sure that happens occasionally anyway. So, to me it's like for the time being what we are being asked to adjust today I'm comfortable with Mr. Slyter's testimony that the house is vacant looking at this and willing to adjust to 16 dollars or whatever it is that we need to adjust. I think going forward you could work with them and establish if it's going to be zero and how are they going to know when it changes and if at some point we have some way to go verify that through reading the meter, that's a departmental decision on how that gets done. But I think for today we don't have to follow -- well, the problem -- we have to answer this question and the code supports doing that. Sauer: You know, this one sentence here, the fairest billing practice in this case would be to establish a realistic winter average based on the customer's historic usage and I think that's your case based on your historic usage and right now, going back to 6,500 and personally I think your responsibility would be to call the billing department and say still unoccupied, we need to adjust this much, until you get a renter. Slyter: Okay. You would okay. And that's the city's purview to make it a requirement on the customer. Sauer: Yes. Slyter: I think it would need to be in the code, though, to do that, because -- Sauer: Because I would have to ask somebody like the law department. Unintelligible). Nary: I don't think it's required for you to provide -- I think it's required if you're charging 6,500 and if you think that's wrong and actually use is different, then, you can bring that forward. Meridian Board of Adjustment September 6, 2017 Page 30 of 37 Slyter: Other than the fact that the winter average that is properly calculated for this account is zero. Nary: Yes. We have agreed to disagree about that for the last hour. Slyter: And it wouldn't change until I notify you of a change of occupancy or you show that there is a change of occupancy. Nary: I think the city -- based on the way the code is drafted, sir, the city could presume all of that usage on your property isn't going down the sewer and not outside. It's accepting your word that it's going outside and down the sewer and that's what we are talking about. But the reality is as I think the code would allow us to charge you for all of it as a sewer usage. But I agree there needs to be some flexibility. I think it exists. We don't have to agree about it. I'm saying I think it does. I don't think a code change is necessary. I'm not saying a code change couldn't be looked at. Slyter: And I -- I'm not going to decide between you two and him on whether that needs to be done on a monthly notice to the city or not. It's not me to make that call. It's up to you. Nary: My personally thing is I don't think you have to do it monthly. I think (unintelligible). I think if I offered you a one, instead of 6,500 was more to your favor than the 6,500 and, then, you could choose whether having (unintelligible). Slyter: Having -- having to pay the 6,500 and, then, waiting for the reimbursement is, again, cumbersome. But that's not for me to decide, as long as it -- you accept a review, you accept feedback and you make an adjustment if it's appropriate. Sauer: So, you're saying, Bill, leave it a thousand, the way they have it now? Nary: I think the -- I think the thousand is a compromise that's allowed under the code. I think it's fair and if you think it's unfair you can provide the proof to -- to adjust that. It's less onerous to you than the 6,500. I don't know how long the process would take, so -- Slyter: They don't -- they don't have the mechanism, according to Karie, to keep in at zero. Nary: Correct. Sauer: It defaults out. So, it's either going to be an adjustment of 554 a month or whatever -- some other -- Unintelligible). Meridian Board of Adjustment September 6, 2017 Page 31 of 37 Nary: The 6,500, in my opinion, protects the city if the usage is higher than an unoccupied home really is. The one protects you -- if it truly is only being used outside and we are adjusting the -- the unit of one per month, it is less onerous to you. Slyter: In this situation if you are willing to leave it at one I can either request an adjustment monthly or I can request an adjustment when I get the tenants, that's -- it doesn't matter a whole lot to me. It would come out the same and a small amount of money. Again, I would hope that the city can come up with a good way to assure themselves that there was a change of occupancy. Right now (unintelligible) a new account for the landlords notice to you. I would suggest that you put it in the code that there be a penalty if a change of occupancy isn't -- especially a change of occupancy on paper if notice isn't given to the city. And when I say on paper, it means a change of tenancy or a change of ownership. There are changes of occupancy that are not on paper, an extra family moves in the house. Well, that's a little more of a grey area, but at least the change of occupancy on paper should be -- notice should be given to you guys and you could put a penalty clause in there that says if we don't get it, you know, there is this. Bolthouse: The 2016 record is also available to view. The CCA was 10,000 as established at that time. Slyter: I advised the tenants that -- Bolthouse: So, there was -- I mean there is -- the potential to consume and consume very high -- Slyter: That was not this big a family. It shouldn't be that much. Bolthouse: -- is -- is there as well. So, that's what I -- that's what was just saying, Bill, default to the average that was established. Still do the adjustment or we are going to be, you know -- you know, taking Mr. Slyter's word and looking at the billing and saying, okay, hey, it spikes -- you see a spike, there needs to be a conversation about it. Some of those kind of things. Nary: And like I said, either -- I mean I think either way -- Bolthouse: No more key steps -- or, you know, key strokes to adjust at five dollars then there is 20 dollars; right? So, that's what I would -- but -- Slyter; Is that something that would be decided right here and now with three board members. Bolthouse: I would say yes. Slyter: Okay. Well, you have the floor on that, then, I guess. Meridian Board of Adjustment September 6, 2017 Page 32 of 37 Sauer: I -- personally I like what Dale just said about using the 6,500 and, then, adjusting down as needed, simply, like he said, because the 2016 record and that was your last tenant. But, then, again, I think 6,500 is a very high number for me. I mean is that -- that's the city average? Is that where they came up with that? Glenn: It is the number that we use. It is the number that's currently listed in code. Sauer: You came up with that from that -- Radek: I can comment on that. Sauer: Did you came up with anything? Radek: I talked to Mr. Slyter last night. You know, the question came up -- because we had been talking about the 6,500 quite a bit the last few days -- Sauer: Well, I mean for me and my wife there is just the two of us, it's an extremely high number. Radek: Right. Sauer: You were very conservative. Radek: You would be surprised, though, there is people that live two people in a house that -- Sauer: Oh, I have seen it. Radek: -- that are your generation that use a heck of a lot of water. Sauer: Yeah. Oh, yeah. Person: I think (unintelligible) demonstrates that. Nary: Watering the lawn is six. Person: Uh-huh. Nary: So, using that is not -- Bolthouse: But you wouldn't give 6,500 because your wintertime consumption is probably substantially -- Radek: The 6,500 number came probably -- I'm guessing 15 years ago, because I have been here 11 years and it hasn't been looked at since I have been here and per capita Meridian Board of Adjustment September 6, 2017 Page 33 of 37 use continues to go down every year. Just plumbing -- plumbing fixtures, people are more conservative -- Bolthouse: And pressurized irrigation. Radek: And the more people -- the more we get -- the more people get on pressurized irrigation, so -- Bolthouse: So, I had my people that I have working on the current master plan look at 2014 to '16 billing records for December through March. Current residential, December through March average is 4,600 gallons for the month. So, it -- it -- we should consider maybe revising that 6,500 number, so -- but, then, again, if you're on pressurization irrigation, that 6,500 number doesn't really hurt you at all, because your use doesn't change in the summertime. Sauer: Right. Bolthouse: So -- Slyter: My question posed to Kyle in the evening -- afternoon was, okay, show me where that 6,500 value came from. It's referenced and it affects a heck of a lot of people. Radek: Right. Slyter: It needs to be a valid number and you should be able to reference where it came from and it was kind of guesswork on when and where it might have come from and that's not really good. I mean it would presumably affect my bill without this hearing -- without this and it's not a valid number. Radek: Well, it was valid when it was come up with I'm pretty sure. And saying that it's not a valid number now -- I don't know. Because, you know, two people in a house can use 10,000 gallons. Slyter: If they are wasteful. Radek: Yeah. Slyter: But it it's labeled as the city average -- Radek: Yeah. And there -- in this paragraph I'm not sure -- okay. Based on the average winter residential use in the city. Yeah. But that is a definition in and of itself, you know. Nary: My only concern is adjusting -- I guess I kind of like where Dale was at. I don't have an adjustment if we are going to pay from actual use, so if we want to talk about the individual property here. Because I think we can do that. I think we can do it based of Meridian Board of Adjustment September 6, 2017 Page 34 of 37 6,500, because the code states that. I don't think we can pick a different number just on a random -- Sauer: Well, not for this -- not for this instance. No. Nary: Right. So, I think we have to -- I think we can decide today to adjust your bill. I think we can direct the utility to either set it at a one that was previously discussed or set it for 6,500 as that and the one is based on what would appear to be the actually usage of the property. But I don't think we get -- I don't think we have a third option. I think it's either -- it's either one of those two things. It's either at one or at 6,500 and the adjustment requirement is on you. Radek: And the question whether we need to change our code is totally -- Nary: That's a totally different discussion for a different day. Sauer: Dale, would you like to make a proposal? Motion? Bolthouse: I can -- I can do that. I guess my -- my proposal is that we adjust the -- or credit the usage based on the -- Sauer: For sewer. Bolthouse: For sewer usage based on the fact that there is a nonoccupancy and would continue to consider that on a month-to-month basis with conversation with Mr. Slyter regarding occupancy and my preference would be to revert the CCA adjustment back to the 6,500, unless we have a different basis for calculating that and I'm not aware that I have seen anything that would suggest that. Sauer: Does that some reasonable, Bill? Nary: It does. I mean I think the code speaks to that. I have no issue with that. Person: Okay. Does that sound reasonable -- was it stated reasonably enough? Person: I have got a motion. Do we have a second to that? Nary: Second. Person: And second. Okay. So, Commissioner Mr. Nary? Nary: Aye. Person: Commissioner Sauer? Sauer: Aye. Meridian Board of Adjustment September 6, 2017 Page 35 of 37 Person: Commissioner Bolthouse. Bolthouse: Aye. Person: Okay. Radek: Provide the adjustment; right? Provide the adjustment for the sewer use for the 16.62. It's set the winter average at 6,500. Sauer: Yes. Radek: Provide for billing adjustments for future. That's what I heard. Nary: Yes. Radek: And if you want to wait until you get a tenant so we can do it all at once that would be easier for us. Slyter: I think you're now maybe more motivated, though, to -- Radek: Well, we are motivated every month -- Slyter: To do it every month -- Radek: Or every two months or whatever. Sauer: Okay. Have you seen the last two pages of your packet? Slyter: Notice of appeal. Sauer: Yes. (Unintelligible) is there and the notice of appeal -- do you need me to read it to you? And I can. Slyter: No, sir. Sauer: Are you sure? Because we are recording your response. Slyter: Go ahead. Sauer: No, I haven't been -- that's why I'm asking. Slyter: Put it in your record. That would be fine. Sauer: Okay. In the event of an adverse ruling and prior to the conclusion of the hearing, the hearant is to be informed of the following right to appeal the decision to City Council. Meridian Board of Adjustment September 6, 2017 Page 36 of 37 One, that hearant may appeal the board's decision by filing a completed notice of appeal form with the city clerk's office within there working days from the conclusion of the hearing. The form may be obtained from the city clerk's office, which you have one with you. A cash or a check deposit in the amount determined by the board to be due and owing shall be submitted with the notice of appeal form. Three. Upon receipt of a completed timely notice of appeal, the clerk will schedule the appeal hearing before City Council within 30 days. The hearant will receive timely notice of the date set for the appeal, as well as -- I think that's supposed to be as -- known interested or involved parties. Four. At the appeal hearing the hearant may make a brief statement to the City Council, but no new evidence may be submitted. Five. City Council will decide the matter after reviewing the entire record. Six. City Council may affirm, overturn, or modify the board's decision only where City Council finds that the board's findings of fact are not based on substantial evidence or their conclusions of law are erroneous . Seven. The decision of City Council is final. So, you have three business working days to file the appeal if you wish to. Slyter: That would go to the City Council? Sauer: Yes. Slyter: What fee is described in Item 2 is being discussed? Sauer: I don't believe there is any amount, because we are adjusting yours downward. Is that correct? Nary: That’s the way I would read it. Glenn: In the past it has been -- the account having an owing balance. To bring it -- Slyter: It's not referring to a fee for the process? Sauer: Correct. Nary: No. Slyter: So, it's not clear. Sauer: Okay. Slyter: Okay. And, then, just a comment on Item 7. Within the confines of keeping the issue at this level, yes, the decision of the City Council would be final. Sauer: Yes. And I just read that to you, because I haven't been doing it in the past and -- Slyter: People have said that -- Meridian Board of Adjustment September 6, 2017 Page 37 of 37 Sauer: No. No. I just -- Slyter: Oh. Okay. Sauer: -- thought I needed to read it. I haven't read it in a long time. Slyter: Thank you for that. I understand what it's offering. Sauer: Okay. Very good. I believe we are done. Does anybody have any other comments? We are good? Okay. You stand adjourned. MEETING ADJOURNED AT P.M. AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED DATE APPROVED ATTEST: C. JAY COLES - CITY CLERK Meridian City Council Meeting DATE: October 3, 2017 ITEM TITLE: Nursery Subdivision ITEM NUMBER: 10B PROJECT NUMBER: H-2017-0128 Final Plat for Nursery Subdivision (H-2017-0128) by JLJ, Inc. located at 570 S. Linder Road MEETING NOTES mtiii '1 6mC 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: None Item #10B: Nursery Subdivision (H-2017-0128) Application(s): Final Plat Size of property, existing zoning, and location: This site consists of 5.45 acres of land, zoned R-8, located at 570 South Linder Road. Summary of Request: The proposed final plat depicts 29 building lots & 2 common/other lot on 5.45 acres of land in an R-8 zoning district. Development is required to comply with the dimensional standards of the R-8 zoning district. Staff has reviewed the proposed final plat for consistency with the preliminary plat and dimensional standards of the R-8 district and found it to be in compliance and in substantial conformance with the preliminary plat as required. Written Testimony: None Staff Recommendation: Approval w/conditions in Exhibit B Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0128, as presented in the staff report for the hearing date of October 3, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0128, as presented during the hearing on October 3, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0128 to the hearing date of October 3, 2017 for the following reason(s): (You should state specific reason(s) for continuance.) Item #10C: Brickyard Subdivision – MDA, PP, CUP (H-2017-0107) Application(s): Development Agreement Modification Preliminary Plat Conditional Use Permit Size of property, existing zoning, and location: This site consists of 14.27 acres of land, zoned C-G, located approximately 1/3 of a mile north of E. Ustick Rd. & west of N. Eagle Rd. History: This property was annexed in 2003 with a DA that has been subsequently amended a couple of times. Comprehensive Plan FLUM Designation: MU-R Summary of Request: The applicant requests a modification to the existing DA to change the development plan for the northern portion of the Centrepoint development from a self-service storage facility, commercial and MFR uses to mostly MFR with some vertically integrated residential. A preliminary plat is proposed consisting of 61 building lots & 4 common lots on 14.27 acres of land in the C-G zoning district. This is a re-subdivision of Lots 9-11, Block 1 & Lots 16, 19-26, Block 2, Centrepoint Subdivision No. 2. The plat is proposed to develop in 4 phases with the first 2 developing at the same time. Access is proposed to the residential units via Centrepoint Way, a collector street, with 2 driveways on the west side of Centrepoint & 3 driveways on the east side. A driveway access for the parking lot at the community center/swimming pool is also proposed on the west side. Because the UDC limits access points to collector streets, Council approval of the proposed accesses is required. There are also two accesses to the east/west driveway to Eagle Road at the south boundary of the site. A CUP is requested for a MFR development consisting of 215 dwelling units on 13.06 acres of land in the C-G zoning district. The units are proposed to be configured as 4-plex townhomes with each unit having an upstairs & a downstairs. Private usable open space and common area is provided in accord with UDC standards. A minimum of 1.73 acres of qualified open space is required; a total of 4.25 acres is proposed. Site amenities are proposed consisting of a 20’ x 20’ fabric sail shelter, a 16’ x 20’ dual slope pavilion, a 1,750 square foot fenced dog park, a 2,400 square foot open space/urban plaza for the vertically integrated units, a children’s play structure, a 20’ x 40’ outdoor swimming pool, a clubhouse with a covered patio, a 50’ x 100’ grassy open area, a soccer/sports field, picnic tables, and park benches. Staff feels the open space & site amenities proposed are appropriate for the proposed development. Off-street parking is proposed in excess of UDC standards – a minimum of 430 parking spaces are required (1/2 of them being covered); a total of 594 spaces are proposed consisting of 254 garage spaces, 254 driveway spaces & 86 guest spaces. Eight additional spaces are proposed for the community center/swimming pool. A 6’ tall vinyl privacy fence is proposed along the north & east boundaries of the site. Two building types in various color schemes are proposed for the 4-plex structures within the development consisting of 2-story units, 3-story units, and 3-story with 2-story units on each end. Buildings along the west boundary are proposed to be all 2-story 4-plexes to preserve view corridors of the adjacent development and provide a transition to the 3-story structures. The architectural character of the structures are required to comply with the standards listed in the City of Meridian Architectural Standards Manual. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Jonathan Seel, James Doolin ii. In opposition: None iii. Commenting: Irene Shrier iv. Written testimony: James Doolin, Applicant’s Representative v. Key Issue(s): Concern regarding traffic impact on Ustick & Eagle Roads; desire for traffic calming for the driveway along the west boundary of the site; and effect of proposed development on property values. Key Issue(s) of Discussion by Commission: i. The phasing of amenities for the development; ii. The adequacy of parking for the commercial uses associated with the vertically integrated residential units. Commission Change(s) to Staff Recommendation: i. At the request of the applicant, the 5’ tall metal view fence depicted on the landscape plan along the east boundary of the site is proposed to be changed to a 6’ tall vinyl privacy fence; and the splash pad, plastic contour benches and public art should be removed as proposed amenities as they were not intended to be included as amenities in the final plans. ii. Include a condition that requires speed bumps to be constructed within the driveway along the west property boundary for traffic calming. iii. Modify condition #1.2.4 in Exhibit B to allow the swimming pool, clubhouse, shelter and playground to be constructed with Phases 1 and 2 prior to issuance of any Certificate of Occupancy within the development. Outstanding Issue(s) for City Council: i. The applicant requests Council approval of a waiver to UDC 11-3A-3 for the proposed accesses via the collector street (i.e. N. Centrepoint Way). Written Testimony since Commission Hearing: John Carpenter, Applicant’s Representative (in agreement w/Commission recommendation) Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0107, as presented in the staff report for the hearing date of October 3, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0107, as presented during the hearing on October 3, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0107 to the hearing date of October 3, 2017 for the following reason(s): (You should state specific reason(s) for continuance.) Item #10D: Brickyard Subdivision No. 1 - FP (H-2017-0125) Application(s): Final Plat Size of property, existing zoning, and location: This site consists of 5.44 acres of land, zoned C-G, and is located at 3611 N. Centrepoint Way. Summary of Request: The proposed final plat depicts 30 building lots & 1 common/other lot on 5.44 acres of land in a C-G zoning district. Development is required to comply with the dimensional standards of the C-G zoning district. Staff has reviewed the proposed final plat for consistency with the preliminary plat and dimensional standards of the C-G district and found it to be in compliance and in substantial conformance with the preliminary plat as required. Written Testimony since Commission Hearing: John Carpenter, Applicant’s Representative – In agreement w/staff report Staff Recommendation: Approval w/conditions in Exhibit B Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0125, as presented in the staff report for the hearing date of October 3, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0125, as presented during the hearing on October 3, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0125 to the hearing date of October 3, 2017 for the following reason(s): (You should state specific reason(s) for continuance.) Item #10E: Brickyard Subdivision No. 2 - FP (H-2017-0126) Application(s): Final Plat Size of property, existing zoning, and location: This site consists of 1.88 acres of land, zoned C-G, located at 3611 N. Centrepoint Way. Summary of Request: The proposed final plat depicts 8 building lots & 1 common/other lot on 1.88 acres of land in a C-G zoning district. Staff has reviewed the proposed final plat for consistency with the preliminary plat and dimensional standards of the C-G district and found it to be in compliance and in substantial conformance with the preliminary plat as required. Written Testimony: John Carpenter, Applicant’s Representative – In agreement w/staff report Staff Recommendation: Approval w/conditions Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0126, as presented in the staff report for the hearing date of October 3, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0126, as presented during the hearing on October 3, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0126 to the hearing date of October 3, 2017 for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting October 3, 2017 Item #10B: Nursery Subdivision Zoning Map Preliminary Plat Final Plat Landscape Plan Conceptual Elevations Item #10C: Brickyard Subdivision Vicinity/Zoning Map Concept Plan Included in 2006 Development Agreement Family Center (Indoor Recreation), Multi-Family & Commercial Concept Plan Included in 2016 Amended Development Agreement for N.W. Corner (Self-Service Storage Facility) Proposed Site Plan & Phasing Plan Proposed Preliminary Plat Proposed Landscape Plan Site Amenities Building Elevations Buildings restricted to 2-stories in height Vertically Integrated Residential Item #10D: Brickyard Subdivision No. 1 Zoning Map ÚÚd ÚÚd L-O RUT R-8 R-8 R1 R-8 RUTD/DA R-8 R-8 C-N R-8 R-2 L-O R1 R-15 RUT R-8 RUT RUT R-8 RUT R1 R-2 R-4 R-4 C-C R-4 R1 R-2 RUT L-O RUT RUT R-15 RUT R-40 C-N R-8 R-2 RUT R1 L-O R-2 C-G R-8 R-4 R1 RUT R-4 RUT R-15 R1 C-C R-15 N L O C U S T G R O V E R D N E A G L E R D E USTICK RD E GREEN HAVEN ST E JASMINE LN E GRANGER DR N S H A R O N A V E E ARCH DR E H E R I T AGE PARK LN N L E S L I E WA Y N P A N K R A T Z W A Y ESTAR DR E COUGAR CREEK D R E K A M AY D R E MEADOWGRASS ST E RINGNECK ST E WAINWRIGHT DR E PICARD S T E L O B ELIA ST E CHALLIS ST E NAKANO DR N T R O X E L W A Y E VAN OKER ST E B O U R B O N L N E SUMMERHEIGHTS D R E BOWMAN ST E PICARDLN N J U S T I N P L N D E V L I N A V E N D E V L I N W A Y E SUMMERPLACE CT N VE R A D O AV E N S U M M E R F I E L D WAY E CHEMISE ST E SPEARFISH D R E CHALLIS DR E CHANDLER ST E C H I M E R E DR E RACE CT N S U M M E R S I D E W A Y N D E V L I N A V E E RACE ST N C A F F E R T Y W A Y E S U MM ER DAWNDR E S U M M E R R I DGE DR N HA W K I N S AV E N C H I A N T I W A Y N R E C O R D S A V E E CHEMISE DR N N E I T H AV E E MILFORD ST N B E T U L A A V E N B R I G H T A N G E L A V E N C A M A S C R E E K W A Y E LEIGH FIELD DREHERITAGE PARK ST N S P A N G L E D R E CONNER S T E SUMMER DAWN ST E KAMAY CT E SHARPTAIL ST E SUMMER D A W N DR E CHIMERE DR N D A S H W O O D PL N C H A N C E R Y PL E C O N K L I N D R E G A R B E R D R E SATTERFIELD S T N S H E E P H O R N A V E N R O S E P O I N T A V E E SEVILLE LN E G R A N A D IL L O D R N S H E E P H O R N A V E E TECATE LN E MODELO LN N S U M M E R S I D E L N N S U M M E R P A R K A V E N L A N C E R A V E N W I N G A T E L N N D U A N E D R N P E T T Y W A Y N V I L L E R E L N E OMERA ST E WIGLEDR E PARADISELN EFREEDOM LN E LESLIE DR N C E N T R E P O I N T W A Y EGRANGER AVE N B R O O K S B U R G W A Y N S H A R O N A V E N G R E N A DIE R W A Y N C A J U N L N N D I X O N A V E N C H E L M S F O R D A V E N S U M M E R C R E S T W A Y N D I X O N A V E N L A P I S A V E N L E S L I E W A Y N L E S L I E W A Y E SUMMERCOVEDR N LA N C E R AV E ESUMMERFALLS DR N J U S T I N A V E N LIN W O O D W A Y N P A T R I O T C I R N L A W S O N P L E S T A R L N E STAR LN N L E B L A N C W A Y N RO G U E R I V E R W A Y 4N1E31 4N1E32 4N1E33 3N1E06 3N1E05 3N1E04 North Slough -ENSR Survey Shavrer Lateral Nourse Lateral South Slough Milk Lateral Final Plat Landscape Plan Item #10E: Brickyard Subdivision No. 2 Vicinity Map ÚÚd ÚÚd L-O RUT R-8 R-8 R1 R-8 RUTD/DA R-8 R-8 C-N R-8 R-2 L-O R1 R-15 RUT R-8 RUT RUT R-8 RUT R1 R-2 R-4 R-4 C-C R-4 R1 R-2 RUT L-O RUT RUT R-15 RUT R-40 C-N R-8 R-2 RUT R1 L-O R-2 C-G R-8 R-4 R1 RUT R-4 RUT R-15 R1 C-C R-15 N L O C U S T G R O V E R D N E A G L E R D E USTICK RD E GREEN HAVEN ST E JASMINE LN E GRANGER DR N S H A R O N A V E E ARCH DR E H E R I T AGE PARK LN N L E S L I E WA Y N P A N K R A T Z W A Y ESTAR DR E COUGAR CREEK D R E K A M AY D R E MEADOWGRASS ST E RINGNECK ST E WAINWRIGHT DR E PICARD S T E L O B ELIA ST E CHALLIS ST E NAKANO DR N T R O X E L W A Y E VAN OKER ST E B O U R B O N L N E SUMMERHEIGHTS D R E BOWMAN ST E PICARDLN N J U S T I N P L N D E V L I N A V E N D E V L I N W A Y E SUMMERPLACE CT N VE R A D O AV E N S U M M E R F I E L D WAY E CHEMISE ST E SPEARFISH D R E CHALLIS DR E CHANDLER ST E C H I M E R E DR E RACE CT N S U M M E R S I D E W A Y N D E V L I N A V E E RACE ST N C A F F E R T Y W A Y E S U MM ER DAWNDR E S U M M E R R I DGE DR N HA W K I N S AV E N C H I A N T I W A Y N R E C O R D S A V E E CHEMISE DR N N E I T H AV E E MILFORD ST N B E T U L A A V E N B R I G H T A N G E L A V E N C A M A S C R E E K W A Y E LEIGH FIELD DREHERITAGE PARK ST N S P A N G L E D R E CONNER S T E SUMMER DAWN ST E KAMAY CT E SHARPTAIL ST E SUMMER D A W N DR E CHIMERE DR N D A S H W O O D PL N C H A N C E R Y PL E C O N K L I N D R E G A R B E R D R E SATTERFIELD S T N S H E E P H O R N A V E N R O S E P O I N T A V E E SEVILLE LN E G R A N A D IL L O D R N S H E E P H O R N A V E E TECATE LN E MODELO LN N S U M M E R S I D E L N N S U M M E R P A R K A V E N L A N C E R A V E N W I N G A T E L N N D U A N E D R N P E T T Y W A Y N V I L L E R E L N E OMERA ST E WIGLEDR E PARADISELN EFREEDOMLN E LESLIE DR N C E N T R E P O I N T W A Y EGRANGER AVE N B R O O K S B U R G W A Y N S H A R O N A V E N G R E N A DIE R W A Y N C A J U N L N N D I X O N A V E N C H E L M S F O R D A V E N S U M M E R C R E S T W A Y N D I X O N A V E N L A P I S A V E N L E S L I E W A Y N L E S L I E W A Y E SUMMERCOVEDR N LA N C E R AV E ESUMMERFALLS DR N J U S T I N A V E N LIN W O O D W A Y N P A T R I O T C I R N L A W S O N P L E S T A R L N E STAR LN N L E B L A N C W A Y N RO G U E R I V E R W A Y 4N1E31 4N1E32 4N1E33 3N1E06 3N1E05 3N1E04 North Slough -ENSR Survey Shavrer Lateral Nourse Lateral South Slough Milk Lateral Final Plat Landscape Plan Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 10C PROJECT NUMBER: H-2017-0107 ITEM TITLE: Brickyard Subdivision Public Hearing for Brickyard Subdivision (H-2017-0107) by John Carpenter located at 3611 N. Centrepoint Way 1. Request: Development Agreement modification to accommodate the proposed development plan; 2. Request: Preliminary plat consisting of 61 building lots and 4 common lots on 14.27 acres of land in the C -G zoning district; and 3. Request: Conditional use permit for a multi -family development consisting of 215 dwelling units in the C -G zoning district, by John Caroenter. MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS THE BRICKYARD SUBDIVISION -City Council –October 3, 2017 Trim & Band Color BRICKYARD DEVELOPMENT INTRODUCTION JONATHAN SEEL, REP. FOR APPLICANT JAMES DOOLIN , APPLICANT JOHN CARPENTER, ENGINEER WINSTON MOORE, PROPERTY OWNER E Jasmine Ln BRICKYARD OVERVIEW Design Highlights Vertically Integrated buildings along south boundary (private drive between Eagle Road and Centre Point Way) creates a vibrant urban streetscape. Highly Planted Landscape Buffers Walkable Connections Good Land Use Transitions from Centre Pointe’s commercial uses to Champion Park (medium/low density R-8) 4.25 Acres Of Open Space with substantial amenities (1.73 acres are required by code) All exterior and landscaping are managed and maintained by the HOA Trim & Band Color BRICKYARD AMENITIES Quality of Life Category •Club House •Urban Plaza (SE corner of Vertically Integrated streetscape) •Pathways-Micro paths are provided through the multi-family common spaces as well as linkages to CentrePoint Drive sidewalk and shopping to the south. Recreation Category •Walking Trails •Swimming Pool, 20’x40’ •Children’s Play Structure •U8 Open Soccer Field Open Space Category •Open Grassy Area of 50’x100’ •Dog Park •Shelters (2) 16’x20’ Shelter Sports Field –U8 Soccer Field Clubhouse Play Structure Swimming Pool Dog Park -Multi-Family 4-plexes: -594 total parking spaces, 2.77 parking spaces provided per unit. The City requires 2 spaces per unit with at least one in a covered carport or garaged (11-3C-6). --86 guest parking spaces provided --48 bicycle parking spaces -Vertically Integrated development: -1 parking space per units and 1 space per 500 sf commercial, 7,300 sf planned (32 residential units) --47 parking spaces are required and 48 provided --Also provide 14 on-street spaces and 6 bike spaces. BRICKYARD PARKING BRICKYARD REFERENCE SLIDES FOR Q&A -- BRICKYARD SUBDIVISION PROJECT LOCATION E a g l e R d E Jasmine Ln Hobby Lobby C e n t r e p o i n t w a y 3743 N. CentrePoint Way 14.27 acres located along Centre Point Way at Jasmine Lane (private drive). North of Hobby Lobby and west of the planned Fast Eddy’s gas station on Eagle Road. BRICKYARD LAND - USE The SiteZoned C-G with Comprehensive Plan designation of MU-R. Adjacent to C-G zoned Centre Pointe parcels on south and east, City of Boise residential on the North and R8 residential on the West. BRICKYARD DENSITY Proposed 247 total units on ± 14.27-acres: 215 traditional 4-plex multi-family units and; 32 units in vertically integrated building (above commercial) The proposed overall density is 17.31 units/acre. BRICKYARD OPEN SPACE A minimum of 350 SQ FT of common space is required for each unit over 1200 square feet of living area. Therefore a minimum of 75,250 SQ FT (or 1.73 acres) of common open space is required for this development. -The proposed development has 4.25 Acres of Open Space provided. BRICKYARD ROADS AND TRAFFIC o Access / Roadways: This subdivision is divided by CentrePoint Drive a collector street which has bike lanes and attached sidewalk, each side. The project proposes several approaches off of CentrePoint. ACHD has previously approved 2 access approaches on the West and 4 on the east side. o CentrePoint Way currently terminates south of private east/west lane (Jasmine). ACHD has future plans to continue Centre Point Way north to Wainwright and Eagle Road. o CentrePoint Way connects to Ustick Road at a 4-way traffic signal. o A traffic Impact Study has been accepted by ACHD. BRICKYARD AMENITIES BRICKYARD AMENITIES Dog Park20’x20’ Sail Shade Pathways BRICKYARD AMENITIES 16’x20’ Shelter Urban Plaza Pathways BRICKYARD AMENITIES 2. Playground Play Structure Pathways Swimming Pool BRICKYARD AMENITIES Clubhouse Sports Field –U8 Soccer Field 50’x100’Open Space VERTICALLYINTEGRATED BUILDINGS VERTICALLY INTEGRATED BUILDINGS VERTICALLYINTEGRATED BUILDINGS 4 -PLEX RENDERINGS 4 -PLEX RENDERINGS 4 -PLEX ELEVATIONS PLANS AND ELEVATIONS 4 -PLEX ELEVATIONS PLANS AND ELEVATIONS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: October 3, 2017 Item # 10C Project Number: Brickyard Project Name: Please print your name H-2017-0107 For I Against ( Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 1 OD PROJECT NUMBER: H-2017-0125 ITEM TITLE: Brickyard Subdivision No. 1 Final Plat for Brickyard Subdivision No. 1 (H-2017-0125) by John Carpenter Located approximately 1/3 mile north of E. Ustick Rd. on the east side of N. Centrepoint Way MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 10E PROJECT NUMBER: H-2017-0126 ITEM TITLE: Brickyard Subdivision No. 2 Final Plat for Brickyard Subdivision No. 2 (H-2017-0126) by John Carpenter Located approximately 1/3 mile north of E. Ustick Rd. on the east side of N. Centrepoint Way MEETING NOTES c✓ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 11 A PROJECT NUMBER: ITEM TITLE: Planning Division and Legal Department: Connection of county parcel at 1035 E. Fairview to City sewer system; anticipated future development issues 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: October 3, 2017 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: Agreement for Extension of Domestic Sewer Service Outside Meridian City Limits: 1035 E. Fairview Avenue 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 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO. City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2017-095482 BOISE IDAHO Pgs=8 LISA BATT 10/10/2017 08:10 AM CITY OF MERIDIAN, IDAHO NO FEE AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 1035 E. Fairview Avenue This AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS ("Agreement") is made this 3rd day of October , 2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Alturas Properties, LLC, formerly lulown as Hansen Properties, LLC, an Idaho limited liability company whose mailing address is 435 E. Shore Dr., Suite 210, Eagle, Idaho 83616 (hereinafter "User") (collectively, "Parties"), WHEREAS, User is the owner of parcel number S 1107120677, located at 1035 E. Fairview Avenue, Meridian, Idaho Ada County, Idaho, as depicted in Exhibit hereto (hereinafter "Subject Property"), which real property is located outside of Meridian City limits; WHEREAS, the Subject Property is already connected to the City water system, and User requests to connect the Sul?ject Property to the City sewer system; WHEREAS, City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; WHEREAS, User intends to submit a development application to Ada County for a drive-fluwough restaurant (the "Anticipated Use"); WHEREAS, pursuant to the terms of this Agreement, the User understands that upon completion of necessary approvals associated with the Anticipated Use, the User will be required to file development applications and apply for annexation and a zoning designation consistent with the City of Meridian Comprehensive Plan then in effect within sixty (60) days of the execution of this Agreement, unless otherwise extended as provided herein; J NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. COMMITMENTS BY CITY, A. Provision of Services. At all times relevant hereunder, City shall provide sewer and water services to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. AGREEMENT FOR E;XTr3NST©N OF SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 1035 E. FAIRVIEW AVE PAGL I OF 7 B. Billing. City shall bill User month ly for sewer and water usage accor ding to the metering, accounting, and bi lling system in place under Meridian City Code and the polici es and practices of the City of Meridian. C. Recordation. City shall record this Agreement, and shall submit proof of such recording to User. U . COMMITMENTS BY USER. A. Payment for C i ty services. User shall be responsible for fulfi ll ing its obligation to pay to City any and all costs related to sewer infrastructure construction, materials, and connection, including, but not limited to, hookup, assessment, meter installation, and inspection fees. Upon connection to the City's sewer system, User shall pay to City all app licable fees and costs for sewer and water services provided, including, but not limited to, use fees , as such are calculated and billed by City as set forth herein and established by law or City ordinance. The exclusive remedy for disputes, objections, or appeals regarding such fees and charges shall be appealed to the Board of Adjustment under the procedure set forth in Meridian City Code. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. B. No cross-connection. User shall abide by and comply with any and all applicable provisions of law, which shall specificall y include, but shall not be limited to, compliance with Chapter 3, Title 9, Meridian City Code and/or any and all sim ilar ordinances subsequently adopted, which prohib it the installation and/or maintenance of a cross-connection to the City's water system. This provision shal l be binding upon User and upon any and all successor s in interest of User and/or to the Subject Property. C. A nnexation and d evelopment a pplication. Within sixty ( 60) days of execution of this Agreement, User s hall, at User's so le expense, submit Annexation and Certificate of Zoning Compliance applications for the Subject Pro perty into the City of Meridian (the "Appli cations"). User's Applications shall be a complete submittal of all City-required documents, exhib it s, and fees that are in effect at the time of application. Such App li cations shall propose zoning designations consistent w it h the Future Land Use Map designation of the City's Comprehensive Plan. The foregoing sixty (60) day limitation s hall be extended upon a request in writing and a showing of good cause by User. "Good cause" for purposes of this Section shall include delay not within the contr ol of User in connection with User's submission for all applicab le Ada County approvals associated with User's application for the Anticipated Use. C ity acknowledges that developmen t of the Subject Property in general accordance with the site plan attached hereto as Exhibit B shall be acceptable. D. F uture development a greem ent. User acknowledges that, pursuant to Idaho Code section 67- 65 11 A and the Meridian Unified Development Code ("UDC"), as patt of the annexation process, User be required to enter into a developm ent agreement concerning the use or development of the Subject Property. Such development agreement w ill include requirements that the use of the Subject Property comply with all prov isions of the UDC and Meridian City Code, including those provisions related to land use, specific use standards, l andscaping, access, parking, and other con ditions as may be appropriate and necessar y to carry out the policies of the comprehensive plan, regu late the uses of property and stru ctures within the City ofMeridian, and protect and promote public health, safety, and general welfare. AGREEMENT FOR EXTENSION OF SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS-1035 E. FA IRVTEW AVE PAGE20F7 E . Acknowledgement of Non-Conforming Use. The City acknowledges that, as ofthe Effective Date of this Agreement, an electronic ot1tdoor advertising sign is installed on the Subject Property, and is a pennitted use under current Ada County ordinances. Upon the Subject Property's annexation into the City of Meridian, such sign shall become a nonconforming sign. Such nonconforming sign may remain on the Subject Property subject to the provisions fm nonconforming signs as set forth in Meridian City Code section 11-lB-6, as such section exists on the date of this Agreement, a copy of which is attached hereto as Exhibit A. The parties agree and acknowledge that repair or replacement of LED digital faces on the outdoor advertising sign does not constitute replacement or removal of the outdoor advertising sign or sign structure as described in Section 11-l B-6 as set forth in Exhibit A. F. Con sent to e ntry. User shall, and hereby does, provide perpetual consent and access to the City to enter the Subject Propetty for the purpose of inspecting any and all sewer and/or water pipes, connections, and related infrastructure. Except as to routine meter readings or in th e event of an imminent or realized threat to the public health, safety, or welfare, City shall provide User at least twenty-four (24) hours prior notice of such entry; such notice may be verbal or written and may be posted at the Subject Property. Ill. GENERAL PROVISIONS. A. Default. Any failw·e to perfom1 the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. ln the event of a default, the non-defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting pa1ty shall have thirty (30) days following delivery of such notice to cure or correct the default before the non-defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision s hall be binding upon the Parties and upon any and all successors in interest thereof. B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, s hall lie to secure specific perfonnance of any covenant, agreement, condition, commitment, and/or obligation set fot1h herein. Tn addition, remedies available to City shall include, but shall not be limited to, termination of sewer and/or water service to User, to any successor(s) in interest, and/or to any sewer or water user located on the Subject Property. C. No t ices. Any notice desired by the Parties or required by th is Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: C ity: City of Meridian Attn: Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 User: Alturas Properties, LLC 435 E. Shore Dr., Suite 210 Eagle, I daho 83616 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. AGREEMENT FOR EXTENSION OF SEWER SERVICE OUTSIDE MERIDIAN ClTY LIMITS -1035 E. FAIRVIEW AVE PAGE 3 OF7 D. T ime is of t h e essen ce. The Pa1ties acknowledge and agree tl1at time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and defau lt hereunder by the Party so failing to perform. E . Bi nding upon s u ccesso rs. Except as othetwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject P roperty, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject P roperty, or any portion thereof, except that any sale or alienation shall occu r subject to the provisions of this Agreement, and any successive owner or owners shall be both ben efited and bound by the conditions and restrictions her ein expressed. F. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and tile inval idity thereof shall not affect any otl1er provision or provisions contained herein. G . Attorney fees . Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. H. F inal Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and ther e are no promises, agreements, conditions, or understandings, either oral or written, express or impl ied, between City and User, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addi tion to this Agreement shall be binding upon the Parties unless set forth in writing and du ly executed by both Pru·ties or their successors in interest. I. N on-waiver. Failure of either Party to promptly enforce the strict performance of any term of th is Agreement sha ll not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be assetied at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other r ight or remedy all owed by law. Likewise, the exercise of any remedy provided for he rein or allowed by law shaU not be to the exclusion of any other remedy. J. Compliance with laws. Throughout the course of this Agreement, t he Parties shall comply with all app licable laws, ordinances, and codes of Federal, State, and local govemments. This Agreement sha ll be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any p rospective amendmen ts to and/or recod ifications thereof, are specificall y and without limitation incorporated into this Agreement as if set forth fully herein. K. Advice of attorney. Each party wan ants and rep resents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. AGREEMENT FOR EXTENSION OF SEWER SERVICE OUTSIDEMERJDlAN CITY LIMITS-1035 E. FAIRVIEW AVE PAGE40F7 L. Approval Required-. This Agreement shall not become effective or bindinguntil approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreen-tent on this 3rd 'day of October 2017, USER: AUrURAS PROPERTIES, LLC an Idaho limited liability company Blake Hansen, Manager ,PU CITY OF MERIDIAN: STAIT Of' IDAHO ss: County of 1HEREBY ClIRTIFY that on this day of 'Y A 1111 b.eforo the tuidersigned, a Notary Public in (lie State of Idalio, personally appeared Blake Hansen, proven to me to be the persou who executed the said instrunient, find acknowledged to me that lie executed the sumo, IN WITNE-SS WHEREOF, I have hereunto set my hand and affixed my official sea till , day aild year in this certificate first above written. Notary PuRLc)br Idaho Residing at _ti (A'-\, Idaho My Coluillissioll Expires: BY: Attest: Tat y d Weerd, Mayor STATI'l OF IDAl- Coutity ol'Adz I HEREBY CERTIFY that oh this -Z4 day of nCkkW-, 2017 before the undersigned, personally appeared TAMMY de WE8RD and 4* 0 CJAY COLES, known or identified to me to be the Mayor Sind City 0 Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Mcridian, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my off ficial seal (lie day and year in thiscertificate first above written. .NE oy 904 *"488 as Notary Publieftr Idaho Residing z M_UU t)ldiho My Commission Expires: 3 -A'S AGREEMENT FOR rwrENSION Or SEWLM SERVIC13 OUTSIDE MERIDIAN CITY LIMITS - 1035 E FAIKVIRW AVE PAG' 1, 5 OF 7 EXHIBIT A MERIDIAN CITY CODE SECTION 11-IB-6 11-l A-1: D EFINITIONS: Nonconforming Sign: A sign, sign structure, or use of a sign lawfully existing prior to January 1, 2010, but that does not now conform to the dimensional and/or locational standards for the district in which it is located. 11-lB-6: NONCONFORM ING SIGN: A. Except as set forth in subsection B of this section, a nonconf01ming sign shall lose its nonconforming status and may become an illegal sign if any of the following occur: 1. The sign and/or sign structure is moved. 2. The sign and/or sign structure is replaced and/or removed for any period of time. 3. There is a change in, cessation of, and/or abandonment of the use of the property , or any portion thereof, on which the sign and/or sign structure is located . 4. There are alterations or enlargements to the site or building on the prope1ty in excess of twenty five percent (25%) or more of the existing site or building. The amount of alterations and/or enlargements shall be cumulative over time. 5. The sign and/or sign structure is damaged to the extent of more than fifty percent (50%) of its replacement value. B. Any nonconforming sign that is subject to the Idaho Code section 40-1910A related to the removal of off premises outdoor advertising along state highways shall lose its nonconforming status and may become an illegal sign if any of the following occur: 1. The sign and/or sign structure is moved. 2. The sign structure is replaced and/or remove d for any period of time. C. Where a nonconforming sign becomes an illegal sign, the owner of the property on which the illegal sign is located shall: 1. Remove the sign within sixty (60) days; 2. Bring the sign into full compliance with this title within sixty (60) days; or 3. Submit a complete application for conditional use approval within thirty (30) days and subsequently gain approval reinstating the nonconforming s tatus of the sign. If the conditional use is not approved, the owner of the property on which the sign is located shall remove the sign within thirty (30) days. AGREEMENT FOR EXTENSION OF SEWER SERVICE OUTSIDEMERJDIAN CITY LIMITS -1035 E. FAJ RVIEW AVE PAGE60F7 AGREEMENT FOR EXTENSION OF SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS – 1035 E. FAIRVIEW AVE PAGE 7 OF 7 EXHIBIT B PROVISIONALLY APPROVED SITE PLAN D R A W N B Y : J O B # DATE REVISIONS NO. THIS DRAWING CONTAINS INFORMATION WHICH IS THE PROPRIETARY PROPERTY OF ALC ARCHITECTURE. NO UNAUTHORIZED REUSEOR DUPLICATION OF THESE PLANS OR ANY INFORMATION CONTAINED HEREIN, WITHOUT THE EXPRESS WRITTEN CONSENT OF ALCARCHITECTURE.THIS DRAWING IS NOT TO BE USED FOR CONSTRUCTION UNTIL IT IS SIGNED BY THE ARCHITECT.COPYRIGHT © ALC ARCHITECTURE C H E C K E D B Y : D A T E : 1119 E. State Street, Suite 120 - Eagle, ID 83616 208.514.2713 1119 E. State Street, Suite 120 - Eagle, ID 83616 208.514.2713 ALTURAS 1035 E FAIRVIEW AVE 1 7 0 8 7 0 5 . 2 3 . 1 7 A 1 . 1 D N C O N S T R U C T I O N D R A W I N G S .. BOISE, IDAHO 83709 PROJECT FOR: . ... ... ... ... ... S C A L E : 1 / 8 " = 1 ' - 0 " S I T E P L A N A D D R E S S : 1 0 3 5 E F A I R V I E W A V E . M E R I D I A N , I D A H O 8 3 6 4 2 J U R I S D I C T I O N : M E R I D I A N , I D A H O Z O N E : C - 2 L O T A R E A : 0 . 2 5 2 A C R E S ( 1 0 , 9 7 7 S . F . ) B U I L D I N G H E I G H T : 4 5 ' M A X H E I G H T S E T B A C K S : F R O N T : 1 0 ' - 0 " S I D E ( S T R E E T ) : 1 0 ' - 0 " S I D E : 5 ' - 0 " R E A R ( S T R E E T ) : 1 0 ' - 0 " R E A R : 5 ' - 0 " P A R K I N G R E Q U I R E M E N T S : R E T A I L : 1 S P A C E P E R 2 5 0 S . F . R E S T A U R A N T : 1 S P A C E P E R 1 0 0 S . F . ( M U L T I T E N A N T B U I L D I N G S , I N C L U D I N G O U T D O O R S E A T I N G ) P A R K I N G R E Q U I R E D : 1 S P A C E P E R ( 3 ) S E A T S P A R K I N G P R O V I D E D : 4 S T A N D A R D S P A C E S 1 H A N D I C A P S P A C E S 5 T O T A L S P A C E S S I T E A N A L Y S I S 5'-0"125'-0"5'-0"5'-0" 7 5 ' - 0 " 5 ' - 0 " 23'-0"23'-0" 9'-0"8'-0"8'-0" 1 3 ' - 0 " 8 ' - 6 " 12'-0" 2 0 ' - 0 " 14'-8" 16'-4"4'-0"40'-0"+- 1 ' - 0 " 3 2 ' - 0 " + - 4 ' - 0 " 13'-6 " 6'-0" EMPLOYEE PARKING EMPLOYEE PARKING PROPERTY LINES P R O P E R T Y L I N E S PROPERTY LINES P R O P E R T Y L I N E S R 4 ' - 0 " R16'-0" R4'-0 " R 4 ' - 0 " R 1 6 ' - 0 " 8'-6"5'-6" R 2 0 ' - 0 " E M P L O Y E E P A R K I N G E M P L O Y E E P A R K I N G 2 3 ' - 0 " 2 3 ' - 0 " 1 2 ' - 4 " 14'- 4 " Meridian City Council Meeting DATE: October 3, 2017 ITEM NUMBER: 12 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: 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