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2018 03-27
C I T Y C OUNCI L R EGU L A R M EETI N G A GENDA C ity C ouncil C hamber s 33 E ast B r oadway Avenue M er idian, I daho Tuesday, M ar ch 27, 2018 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. C ommunity I nvocation by J ohn I barra with S ettler's P ark L D S S take 4. Adoption of Agenda Adopted as amended 5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Thi s time is reserved for the public to address their elected officials regarding matters of general i nterest or concern of public matters and is not speci fic to an active land use/development application. By law, no deci sions can be made on topics presented under this public comment section, other than the City Counci l 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. C onsent Agenda Approved A. Approve M inutes of M ar ch 13, 2018 C ity C ouncil Workshop M eeting B. F all C reek M eadows S anitar y S ewer E asement C. O xygen S ub No 1 Water M ain E asement D. O xygen S ub S anitary S ewer E asement #1 for Nor co B uilding E. O xygen S ub S anitary S ewer and Water M ain E asement #2 for Nor co Building F. Release of Utility E asement G. F indings of F act, C onclusions of L aw for Hickory Apartments (H- 2017-0165) by M idway Investments, LLC L ocated at 1789 North Hickory Way H. D evelopment Agreement for K obe/C ope (H-2017-0157) with Kobe, LLC (Owner ) and C ope Holdings, LLC (D eveloper ) located on the northeast cor ner of N. L ocust G rove Road and E . F ranklin roads, in the S W 1/4 of S ection 09, Township 3 North, Range 1 E ast I. F inal P lat for F all C r eek M eadows No. 2 (H-2018-0015) by T homas C oleman, Toll I D I, LLC located south of W. O ver land Road on the east side of S . L inder Road J. Acceptance Agreement for Her oes P ar k Public Art Project K. Acceptance Agreements for D isplay of Artwor k in Initial P oint G aller y 1. Micah Gosney, A pril 2018 2. Rick J enkins, A pril 2018 3. Deb P ence, J uly 2018 4. K evin Hughes, A ugust 2018 5. Z ella B ardsley, S eptember 2018 6. B etty Hayzlett, October and November 2018 7. L isa B ower, Dec ember and J anuary 2018 8. Flynn Day Pottery, December and January 2018 L. P rofessional S er vices Agr eement with M er idian S ymphony O r chestr a for an amount not to exceed $500 M. C ity F inancial Repor t for F ebruar y 2018 N. AP Invoices for P ayment - $2,067,824.44 7. Items M oved F rom T he C onsent Agenda 8. Community Items/P r esentations A. L imeB ike B ike-S har e P rogram P resentation 9. 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 mi nutes or if they are representi ng a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 addi tional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. The City Counci l may move to continue the item for additional information or vote to approve or deny the i tem 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. P ublic Input: B udget Amendment Not-to-E xceed $108,987.00 for S C AD A S ystem Administrator Approved B. F inal P lat for Goddar d Creek (H-2018-0014) by M cM illan S torage, LLC located at 2780 W. M cM illan Road Approved C. F inal P lat M odification for O livetr ee at Spur wing (H-2018-0021) by S purwing L imited P artner ship located north of W. C hinden B lvd., west of N. S purwing Way Approved 1. Request: Modif ication to the Final Plat L andscape P lan to Remove the P athway C onnection to the G olf C ourse and the Requirement f or bollard L ighting A long the P edestrian Pathway, and A ddition of an A rchway/E ntryway F eature and Water F ountain 10. D epar tment Reports A. F inance: Annual F und B alance T r ansfer Proposal Approved B. P ublic Wor ks: Update on M eridian City C ode 9-4-24 pertaining to Wastewater User C harges and Updating the Wastewater Use C ap (Average Number of G allons per M onth for Winter Residential Water Use in the C ity) 1. Resolution No. 18-2066: A R esolution Updating the Average Number of G allons P er Month f or W inter R esidential Water Use in the City. Continued to April 3, 2018 2. O rdinance No. 18-1768: A n O rdinance A mending Meridian City Code, Title 9, C hapter 4, S ection 2 R egarding D efinitions; and Repealing and R eplacing Meridian C ity C ode, Title 9, C hapter 4, S ection 24 R egarding Wastewater User C harges; and P roviding an E ffective D ate. Approved C. L egal: Update on RF P for M ain and B roadway Project and P r ocess for S ale of C ity O wned P roper ty D. B ower Street F acility Discussion E. M ayor's O ffice: Resolution No. 18-2067: A Resolution Of T he M ayor And C ouncil Of T he City O f M eridian, Idaho Adopting Amendments To T he C ity O f M eridian S trategic P lan Approved 11. O rdinances A. O rdinance No. 18-1767: Kobe/C ope H-2017-0157 A n O rdinance of the C ity of Meridian granting the rezone of a parcel of L and being a portion of the W ½ of the S W ¼ of the S W ¼ of S ection 8, Towns hip 3 North, R ange 1 E ast, B oise Meridian, A da Meridian City Council March 27, 2018. A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, March 27, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer, Anne Little Roberts and Treg Bernt. Others Present: Bill Nary, C.Jay Coles, Warren Stewart, Cameron Arial, Caleb Hood, Berle Stokes, Kevin Fedrizzi, Dale Bolthouse, Todd Lavoie, Bruce Freckleton 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: Okay. I'm going to go ahead and start tonight's meeting. First I would like to welcome you and certainly our Boy Scout. We love to see scouts in our audience. So, welcome to our Meridian City Council meeting. For the record it is Tuesday, March 27th. It's 6:00 o'clock. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will arise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by John Ibarra with Settler's Park LDS Stake De Weerd: Item 3 is our community invocation. Is John Ibarra here? Item 4: Adoption of Agenda De Weerd: Okay. Four is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council March 27, 2018 Page 2 of 52 Borton: We are going to add Item 13 to this agenda, an Executive Session pursuant to Idaho State Code 74-206(1)(a) and with that addition I move we adopt the amended agenda. Cavener: Second. De Weerd: I have a motion and a second to adopt 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) Coles: There were no sign-ups, Madam Mayor. Item 6: Consent Agenda A. Approve Minutes of March 13, 2018 City Council Workshop Meeting B. Fall Creek Meadows Sanitary Sewer Easement C. Oxygen Sub No 1 Water Main Easement D. Oxygen Sub Sanitary Sewer Easement #1 for Norco Building E. Oxygen Sub Sanitary Sewer and Water Main Easement #2 for Norco Building F. Release of Utility Easement G. Findings of Fact, Conclusions of Law for Hickory Apartments (H-2017-0165) by Midway Investments, LLC Located at 1789 North Hickory Way H. Development Agreement for Kobe/Cope (H-2017-0157) with Kobe, LLC (Owner) and Cope Holdings, LLC (Developer) located on the northeast corner of N. Locust Grove Road and E. Franklin roads, in the SW 1/4 of Section 09, Township 3 North, Range 1 East I. Final Plat for Fall Creek Meadows No. 2 (H-2018-0015) by Thomas Coleman, Toll IDI, LLC located south of W. Overland Road on the east side of S. Linder Road J. Acceptance Agreement for Heroes Park Public Art Project Meridian City Council March 27, 2018 Page 3 of 52 K. Acceptance Agreements for Display of Artwork in Initial Point Gallery 1. Micah Gosney, April 2018 2. Rick Jenkins, April 2018 3. Deb Pence, July 2018 4. Kevin Hughes, August 2018 5. Zella Bardsley, September 2018 6. Betty Hayzlett, October and November 2018 7. Lisa Bower, December and January 2018 8. Flynn Day Pottery, December and January 2018 L. Professional Services Agreement with Meridian Symphony Orchestra for an amount not to exceed $500 M. City Financial Report for February 2018 N. AP Invoices for Payment - $2,067,824.44 De Weerd: Okay. So, we will move -- Item 6 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From The Consent Agenda De Weerd: Item 8 -- there were no items moved from six. Item 8: Community Items/Presentations Meridian City Council March 27, 2018 Page 4 of 52 A. LimeBike Bike-Share Program Presentation De Weerd: So, we will move to eight and under Community Presentations. Tonight we will hear about the LimeBike bike share program. Good evening. Colford: Good evening, Madam Mayor, Council Members, city staff, and all the members of the community. Thank you so much for having me here tonight. It was great to be able to demo the products before this and I hope that this presentation will give you a little bit better sense of what LimeBike is, what we want to do and answer some of the questions you might have. De Weerd: Thank you. And if you will state your name. Colford: Yes. My name is Megan Colford. De Weerd: Megan. Thank you. Colford: Yeah. And I grew up in Boise, so it's really exciting to be able to come back to the Treasure Valley for this. So, to get started why are we building LimeBike. What is LimeBike? We are a dockless mobility provider. Our goal is to revolutionize urban mobility, leading the country in first and last mile transportation options. So, we want it to be fun, affordable, offer a healthy way to get around. The way we started is -- you may be familiar with really the heavy dock systems, like the one in this photo. They are great. They really have laid a lot of groundwork for bike share in the country and internationally and getting bikeshare to be part of public discourse. There are some limitations. Number one is that they are expensive and these systems often charge cities or communities to install their racks and operate there. They can be inconvenient and really limit where and how people can get places and often inequitable and not really serving the entire region. So, what we have done is to create what we call a dockless model or dock free model. So, all of our products are GPS enabled. We don't install any infrastructure, which limits the amount of cost. We ask for nothing from cities and communities. We can serve a much wider range in the community and we can be much more flexible, offering a more flexible solution for folks. We are in over 50 locations around the country, including 15 plus college campuses. You can see on this map some of the -- the key places that we are and I think this is probably already outdated. We move very quickly. So, we have probably launched quite a few since then. And just a few things to highlight. In Seattle with our first 500 bikes we actually exceeded the old programs best week ever in one single day. South Bend is one of our other really awesome locations where we -- in our first week we saw really great ridership numbers. You will also notice on this map that the types of communities that we operate in really have a broad range. We have got big cities. We have got suburban communities. We have got the Miami area and South Lake Tahoe, which are sort of resorty type locations and we have got college campuses. So, what we have been able to do, since we launched our first market in June, is adapt our program based on the needs of the particular community on how big it is, how dense it is, its location and the surrounding area and really have a diverse, you know, 50 locations. So, what Meridian City Council March 27, 2018 Page 5 of 52 sets LimeBike apart. The main thing is really that we operate free of charge to the city. We came, we want to provide our products and our service to the community as a benefit and as a partnership, but with no money taken from the city. Our pricing is meant to be really affordable for the users. We are a very well funded company and we have really proved ourselves since our inception January of 2017 with the success in those markets that I showed you and we really consider ourselves the nation's leader in a lot of ways. So, how does it work? All of the unlocking, locating, and payment happens through the app. If you download the app, it's a free app, you sign up, you do all of the onboarding just right there on your phone. When you want to ride a bike you can open it and it will show you on the picture, you can see the nearest location. It will also specify whether the bike that you're walking to is a regular bike, an electric bike, or a scooter. Once you're there you unlock it using your phone, you ride it to wherever you want to go, lock it back up and you're on your way. You'll get a recap of your ride on your phone that you can share on social media, you can see how much carbon you saved, how many calories you burned, all that sort of fun things. A little bit about our bike. This is the regular pedal bike, which I didn't have for demo today, but all our products we design and manufacture ourselves. We have taken really great care to make it something that can serve a wide range of sizes and shapes and abilities. An example of how quickly we move and how much we want this to work -- our first iteration of bikes the seats didn't go up very high. I'm a tall women and they weren't tall enough for me and we got a lot of feedback and within like a month we were able to iterate on that and create a newer version that has a higher seat post. We also have complete safety certifications on our bikes. We have front lights and rear lights and reflective tires and the bikes and the scooters are meant to be maintenance free. They are really also meant to be really easy to ride, again, playing into that accessibility for folks. This is our line E, which we had outside. It's an electric assist bike. You can see some of the specs down there. Max speed is about 14.8 miles per hour, well within the range of still being considered a bike and really quite fun I think. Our operations team swaps out the battery about every four to five days on this one. Our Line S is our scooter -- our electric scooter. Again, the specs are there for you to see. This is our newest product and already our most successful and most popular. You can see why. It's quite fun. It's quite easy to get around and we like it. That's all I can say on that one. So, what does the pricing look like? For the regular pedal bike it is one dollar for every 30 minutes. No membership fee. No up-front fee. Just one dollar for 30 minutes. We do have a membership option for our power users and that's 30 dollars for 100 rides and that's monthly and, then, students in campus are 50 percent off, as well as our low income equity program. Our electric products were on the sides. Those are a dollar to unlock and 15 cents per minute. I think the slide actually says ten cents, but we -- we are still figuring out exactly what that price point is, but knowing that it's charged by the minute for that instead of by the half hour. The biggest question -- one of the biggest questions we get is, okay, your dockless, you don't install anything, you don't have to lock to anything, how do you control the parking? How do you make sure that it's a clean operation. What we do is we hire a local staff in every city that we operate in and their job is to go around moving bikes if needed, maintaining them if needed, and responding to customer service questions, complaints, or concerns. We try to do a lot of education up front anytime that we launched. The first couple weeks are usually Meridian City Council March 27, 2018 Page 6 of 52 when we hear the most feedback as people get used to this new different thing and, then, after that our continued operations, our continued outreach and education, we find that it really settles down and becomes a really wonderful part and resource for the community. We cover all this maintenance that's included. We are not charging the city for that as well. For our Line S we also have what we call our juicer program and that is an outsourced kind of crowd source charging model, which is another way for local folks to get involved and be part of it. We also have quite a few creative things that we have done in terms of parking. Again, education is the biggest way that we are going to make it a success. So, we educate in the app and we are also the only dockless provider that has proactively -- we have put together some really fun videos online around safety and parking, education, and that sort of thing. We do have the option, you can see in the slide, to GEO fence a no parking zone and we can also identify key parking zones. Down the road we are looking at -- we are experimenting right now with some models for good parking behavior for some -- like crowd sourcing, helping with the good parking. I think we will see as -- as we come up with creative ideas what works the best, but as I mentioned, once we have been in a market for quite some time the parking issues tend to die down and people end up -- we have really high compliance rate. So, from a city perspective one of the really cool things about our program -- I mentioned that all of our products are GPS enabled, so we have data about where people are picking up and dropping off bikes and scooters and where they are riding them, what time of day, how long, all that sort of thing. We share that data with our partners, anonymized of course, but we can show you exactly in Meridian what are the streets that people are riding down that might make sense to create a bike lane. What are the streets where people make turns that is maybe a little bit dangerous or that, you know, the drivers don't know what's happening and what time of day do we need to be most catering to the biking community. As you're growing rapidly and as you're making these kinds of transportation decisions, I think that this data sharing might be one of the most compelling things about this program. I want to highlight one of the really cool things that happened in Seattle when we first launched. Again, I mentioned that we are very flexible, so we might have an idea going in of where people are going to use the product and if that changes we are able to adapt. When we first launched in Seattle we deployed our bikes close to the downtown area, anticipating that that would be where we see most ridership and it is, but we very quickly saw that the bikes were drifting down into the Columbia City area. If you're familiar with Seattle, that's a very demographically diverse, lower income area that previously wasn't served with the docked bike system. With our model we acknowledge that, we said, hey, this is a need that we are filling, let's make sure we are deploying and continuing to serve at community. So, now about 30 to 40 percent of our bikes are deployed in Colombia City area. Or 20 to 30. I'm sorry. So, a community partnership -- my role now with the company is community affairs and what that means is that we identify who are the -- the local organizations that we want to partner with, the local press, the schools, the associations, all of you. In order to make this a success there has to be the right buy-in and education to the community. So, if were we to move forward we would work very closely to communicate, hold events, demos like we did today, everything that will really ramp up to make this a success and continue that long after the launch, so that we are really empowering the local community to take ownership and make this part of their Meridian City Council March 27, 2018 Page 7 of 52 day-to-day life. A little bit about our company. We are based in San Mateo and in Silicon Valley. We are backed by several tier one venture capital funds. To date we have raised over a hundred million dollars and we are members of associations and we routinely interact with city officials, government officials, around the country. We have a really well-experienced team in that and, you know, we are here for the long haul. We are really excited and looking forward to hopefully partnering. So, in the Treasure Valley we initially were targeting an April 2018 launch. I think that we are probably looking a little bit further in the spring, but our goal is to have a regional program with all three of our products. Regional meaning all of the surrounding cities, that we can bring here, that we can collaborate, put together a program that really serves your needs and that is really going to be, you know, impactful and long -- long term sustaining. This is my contact information here and my colleague Gabriel, who I work closely with. I'm happy to answer any questions and thanks again for allowing me to be here. De Weerd: Thank you, Megan. Mr. Palmer. Palmer: Madam Mayor. Megan, you're my hero right now. We were out there and I was just trying to just enjoy the technology and the moment while trying to put off the dread of what you were going to ask us for, thinking it was going to be money, because why on earth wouldn't you, everybody that comes over here wants some money, especially things like this. The second slide where it was all bold and said at no cost to the city, like I had to like blink like, is that -- is that real? So, I'm pumped. How can we help you? Colford: Yeah. So, I think, you know, what I would ask of you is -- is your support in moving forward with staff, if that -- in whatever capacity that you think makes sense. We can operate with -- as simple as a business license, if that makes sense to you, or we can put together a formal agreement. I know that Caleb and his colleagues have been looking at an agreement that we have used in other locations, so, you know, however I can answer questions to make you feel comfortable with that I'm happy to do so. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Thank you. Have you spoke with any other municipalities here in the Treasure Valley? Are we the first? Colford: Yes. I am in contact with the cities of Eagle and Boise and Garden City and Nampa and Boise State and ACHD. Bernt: Nice. By the way, I should have started off -- thank you for the demo. Had a great time. I -- it was a lot of fun. You have some nice stuff. I guess my -- first thing that came to my mind is when would I use the bikes or the scooters. The first thing that came to my mind is maybe like more of like an urban situation or maybe if I was on Meridian City Council March 27, 2018 Page 8 of 52 vacation, you know, somewhere cool I would want to -- you know, maybe the family -- have you had -- to tell me about your success with like more of a suburban area like Meridian. Colford: Yeah. Absolutely. So, one of the areas that we operate in is the bay area. We are in seven -- nine -- nine cities in the bay area. Some are San Francisco and Oakland and, then, we have quite a few more suburban areas, like Walnut Creek and Alameda. I think one of the things that's great about it is it does fill the -- as you're growing I think that having this resource is going to be a really exciting thing and interesting thing to see how it fits in with the growth of the city. We have had a lot of success with suburban areas that are connected to a larger regional program, which is why we are talking to Boise and Eagle and neighboring places, so that we can, as a whole, make it, you know, efficient for us on our operations and -- and also be able to serve Meridian, as well as downtown Boise. Does that help? Bernt: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Megan, appreciate -- appreciate your diligence on -- on this project. You mentioned in your presentation about it's your goal to have a dedicated person in each city and I didn't want to make an assumption, so I guess I'm curious where you're talking to so many municipalities in the Treasure Valley, is it your business model to have a dedicated person in Meridian and a dedicated person for Eagle and Garden City and Boise, et cetera, or are you looking more to have a small handful of staff manage the region? Colford: Yeah. Thanks for that question and I will clarify. We have -- our model is that we will have one specific operations lead or operations manager likely for the region. They will have a staff -- I mean if we were in the whole Treasure Valley their staff would probably be, you know, ten or more that would be, you know, working all different areas depending on the time of day and the need. So, it would be one point person that all of the cities could go to as needed and, then, a full staff hired from each local city and, really, one, you know, regional team. Cavener: Madam Mayor. And I don't know if this -- again, appreciate Megan is here, but I know that I have got some questions for staff. I don't know if it's okay for us to go ahead and talk to them now or you feel comfortable with that. I want to make sure you guys have time for other things. So, either a question for Mr. Nary or Caleb. In the transportation commission a couple questions came up about the way our city code looks at abandoned vehicles or vehicles that have sat in one spot for a predetermined amount of time. Have we had a chance to look at how our city code would pertain to -- if a bike like this was left on the corner of Main and Broadway for an indeterminate amount of time how we would respond? Meridian City Council March 27, 2018 Page 9 of 52 Nary: Madam Mayor, Members of the Council, we haven't fully researched all of those issues on use and where they could be used and if there is conflicts with our code and pathways and other places and abandoned vehicles and things like that. So, I think that would be part of our task in entering into an agreement is making sure we need to line up any codes or adjust codes and things like that, that it would be in conjunction with this agreement. De Weerd: Caleb. Hood: So, Madam Mayor, no, I have not looked into the codes for abandoned -- if this would qualify as a vehicle or not. Like Mr. Nary said, we can look into that. The other thing that was an outstanding question from -- to your -- or your question was electric vehicles on our pathway system. So, I meant to follow back up with Kimberly before the meeting and I just walked over before this -- or during this presentation. We don't have an answer to that one yet either, but we would -- we would take that before -- to you and say, hey, do we want to amend our code to allow electric assist bikes, scooters, on our pathway networks. They are also working with ACHD, is my understanding -- I think you mentioned that in your presentation -- and as the city doesn't control the right of way, a lot of the riding would occur in ACHD -- on ACHD streets and sidewalks. I do, Madam Mayor, if I can maybe just interject a little bit and provide a little bit of insight into that -- mention the meeting that you mentioned by the transportation commission and just give you a brief summary of that presentation, that discussion. So, Megan was here on the 5th of March and presented to the transportation commission. They were supportive as well. She mentioned to -- there is a -- a draft service agreement. I think I put it in the packet for tonight. So, they had some -- some comments on some of that. One concern they had was -- and you don't see it in this revised MOU -- was there was an exclusivity clause, so that's been removed. This current in draft form, the MOU states a three year term. They were more comfortable with a one or two year pilot program. They were -- they had some questions. They weren't overly concerned, but just with some of the indemnification and insurance language in there and I think Legal has looked at that just to make sure they are comfortable with that and, then, the ordinance. Again, motorized vehicles and things like that. So, that is a very, very quick summary. They are very supportive of this in general, but had those -- kind of concerns that I just outlined. There if I can, Madam Mayor, just a little bit more on -- since that meeting, then, some other feedback I have had -- a transportation commissioner, you know, you guys are in the news, so some of these stories get sent to me. In other communities some concern has been some clutter that these can -- with a couple hundred bikes I don't know that that's a problem in a, you know, suburban type of a community. I really don't know that that's going to be a big issue and with the model that LimeBike is proposing with reallocating them to different places where they will get used, I don't think they want to leave it on a street corner too long either, they want it to be in use and so they could even probably solve that problem for the most part. Now, if they weren't performing what would we do, that question still remains, but -- and, then, the licensing thing, just kind of figuring out what that looks like. Is that an MOU? Is there some other form that this should take. A little bit of concern with -- you know, it's a Meridian City Council March 27, 2018 Page 10 of 52 start up -- longevity of the company and, you know, the bikes themselves, the scooter themselves, how quality are they. But, generally, I think, you know, everyone is, you know, pretty supportive. As was mentioned there is not a lot of skin in the game from the city's perspective. It seems like a lot of pros, but those are some of the concerns that they came up to the transportation commission and, then, some commissioners following up after that meeting. So, with that, Madam Mayor, I just wanted to give you that -- that quick summary. De Weerd: Thank you, Caleb. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: One question. How many bikes would you propose -- I mean knowing or geographics and who we are and since you're from the Treasure Valley, how many bikes or, you know, scooters, I guess, would you think that we -- we would have in our community roughly? Ish. Colford: Ish? I would -- I would start with the number about like 200 and maybe 50 percent of those E products and a hundred -- that's about 50 percent. So, a hundred of those regular bikes. Bernt: But that's including the entire Treasure Valley? Colford: No. I would -- I would say just that for Meridian, actually. Yeah. Yeah. It seems like a lot. If you look at -- like a map of what we can do is we can identify here is where we are going to initially deploy things and it -- it actually adds up quite quickly and the beauty is if that ends up being too many, then, we will take them off, because to Caleb's point we don't want a bike out there that's not being ridden. If it's too little we can add more as needed. If people ride electric more than regular we can address the ratio. But, typically, we see -- like in the one to two hundred range is a good starting point for some -- for a city this size. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: If I could just throw one more item, just -- just as food for thought as we work through this is -- is in the Idaho Code and the city code, county code, the various city codes around, there is a pretty good definition of what bikes are and what motorcycles are. They are not greatly defined for other types of vehicles, such as the E bike and so that's something where as you are all well aware -- I mean the code tends to sort of catch up to the reality of what's occurring out in the world. So, educating people on how to use them or where they can use them, it's got to be part of the dialogue here. Whether that's something the city would partner in or how they would do that -- but Meridian City Council March 27, 2018 Page 11 of 52 that's certainly an issue that's going to be a concern on how people can use it, where they can, understanding that there is a -- there is a great deal lack of knowledge of a lot of people how to use bicycles and where they can ride bicycles. So, riding bikes with motors on them will probably be another challenge. So, just another piece to think of. It's not something that would prohibit them from doing it, it's just that that's a component that will probably end up not just at LimeBike's website, but at the city's and so helping educate our public on using these items will probably be part of getting through this program. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Megan, is there something that you could, then, put in your app or maybe you already have it, but I guess it would be more specific to our area, that when they first download the app would be like a list of instructions or, you know, some kind of a pdf that they can click on for the rules and laws? Colford: Yeah. So, in our user agreement users agree to abide by whatever the local laws are where they are operating and there is an onboarding flow with kind of basic safety tips. We could certainly make it local to Treasure Valley of here is Idaho law, you know, so when they open the app for the first time in Idaho it says some particular message. That's certainly something we could do. De Weerd: Do you prearrange with some local businesses that you can have the bike share -- bikes out in front of their businesses and maybe even information on -- in print on that? Not everyone is technology savvy, but that you go into partnership with local businesses? Colford: Yeah. Absolutely. We have what are called Lime Hubs, which are a designated location specifically actually for scooters and so we can ask local businesses if they would like to be part of that and be designated on the app. Otherwise, if we find bikes are continually at a particular location we would, you know, reach out to whoever is impacted by that and make sure they are aware, you know, before launch we would get in touch with like -- places like The Village and make sure that everyone is aware there we wouldn't want to deploy bikes there without business owners, business operators knowing and we also have a hotel online travel program for hotels. If hotels are interested in having this as a benefit for their employees or guests, we do have a full program for that. So, we have a wide variety of ways to engage with businesses. De Weerd: That's great. And so have you worked with staff on maybe -- I saw your map and identifying some of the similar metro areas that -- that we might be able to contact and find out how the program worked in theirs, how the education went with their citizens and those kind of things, would you provide contact information? Meridian City Council March 27, 2018 Page 12 of 52 Colford: Yeah. Happy to. We have plenty of references we can send. De Weerd: Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Caleb, in your kind of explanation of the MOU idea, you had mentioned one year. Were you talking about a one year -- and you were a -- a one year exclusivity in it. Hood: Madam Mayor, Councilman Palmer, so that is Section 12 of the MOU. I don't know if you have it handy or not, but just talk -- and that's what the term is in the draft MOU is their base template I think is three years and -- and the transportation commission -- again, they were -- they were relatively supportive. They just thought maybe two years instead of three. It's maybe not as big. But if you look at some of the other clauses in there about canceling -- you know, if I can find that real quick. Like 60 days -- yeah. It's the next one. So, 13. Termination. Within 60 days notice we could terminate for some -- you know, if it goes south for some reason. So, I don't know that I have an issue necessarily with three years. That's just what the transportation commission recommended to you all. Palmer: Madam Mayor? Yeah. It wasn't the length of the MOU that I was worried about. Hood: Oh. Sorry. Palmer: It was exclusivity that -- that wouldn't be included. No exclusivity. Hood: So, Megan and her team have already updated this, so you don't even see that. So, they heard that from the transportation commission -- have already updated this draft agreement to reflect the transportation commission's recommendation. Sorry. Palmer: Thanks. De Weerd: Any other questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A question and, then, a comment. Megan, I didn't hear you touch on -- and I can remember this came up at the transportation commissioner or this is something that popped into my head. How do you handle helmets, you know, where, obviously, a community wants to be bike friendly and support bike safety -- Meridian City Council March 27, 2018 Page 13 of 52 Colford: Yeah. Cavener: Wearing a helmet is part of that. So, talk to us about how your organization helps promote that safety, where people maybe aren't always packing a helmet with them. Colford: Yeah. So, great question. We get that question also a lot. For a variety of reasons it doesn't make operational sense to attach helmets to bikes. We have looked into what other companies have tried to do and have failed at. It really is -- it really is challenging to have a helmet with the bike. What we do -- we don't ever want a lack of access to helmets to prevent someone from riding a bike. So, what we have done is we have partnered with local schools, local organizations to give out free helmets to those who need it. One of the cities in the bay area has helmets for check out at the library and another team has had helmets in the -- in their van, so that if they see someone under the age of 18 without a helmet they will pull over and give them a helmet. So, what we have done is we want to do outreach and education and give free helmets in an effort to try to encourage that. Cavener: Madam Mayor, just a comment. And Megan's response I think just kind of speaks to this company and Megan and I met I think in November or December and I threw rapid fire a lot of concerns that I had and to her credit and to LimeBike's credit they have responded to every one of them and Caleb speaks about the transportation commission's concern about exclusivity and they have responded in kind and so I'm, for one, supportive of continuing down the MOU process to bring something back to Council for us to have the opportunity to look at, support or not support. I think it would also be helpful to get some better understanding as to where the other neighboring municipalities are planning to go. Support from the highway district is, obviously, I think key, because it's their -- their roadway. The other piece that I would be interested to know about and we talked about this in the transportation commission is the feedback from our school districts. They are, obviously, a very large partner with our community and making sure that this isn't something that they feel they now have to figure how to adjust and support -- to me would be really beneficial to know before I would want to make a decision. Colford: Absolutely. De Weerd: And I guess, Megan, who are your typical users? I would imagine that they are not school age kids, it's -- it's more around the universities that -- we have Idaho State University and the Idaho College of Osteopathic Medicine that's coming to town. High schools? Do you do it at high schools, too? Who are your typical target riders? Colford: Yeah. We -- we do actually see quite a lot of riders in the high school age. Our age requirements are if you're between 13 and 18 you ride acknowledging that you have parental consent. Eighteen and over it's fine to ride. But we do actually see -- especially in suburban areas we see quite a lot of high school age riders. We see a lot Meridian City Council March 27, 2018 Page 14 of 52 of rides -- you're right -- at like campus type things. So, I could see at hospitals or -- not the patients, but -- and universities and colleges, anywhere that has kind of that campus type feel we see quite a bit of ridership. We also see a lot of recreational riding on the weekends. Families who their kids have bikes, but the parents don't, it really ends up being a wide variety and, of course, the commuters -- first and last mile, but -- so, we can say that we are targeting something, but, really, it -- and, especially, with the three different products we see a wide range of people who use the service. De Weerd: Okay. Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just one question. This is the perfect example of how a program like this can be implemented and successful with private business, as opposed to government. You have profit motive and -- and a desire to make all of the right decisions to make this thing successful. Where the bikes are located. How you partner with municipalities and school districts and private businesses. It's in your best interest and your sustainability depends upon it and it sounds like you have certainly got the research and data to make sure it can be financially viable for you here in the community. The only -- and you have got the stuff I like in MOUs with insurance coverage for the city, you have got 60 day outs with termination. You have got a lot of great protections for the city, which I appreciate. The only question -- not for today, but as this evolves down the road is define -- define the clause use of city property and what use means and what city property means. It's not defined in there and things like pathways and what does it mean to use and what does it not mean. I guess that specific would be important for us to understand in the next stage of this. Colford: Yeah. And you do bring up it is an existing place, because it is operated by ACHD, so I think that that clause specifically is something that we should look into and figure out if there is more language needed. Borton: Sure. Well -- and -- Madam Mayor? Just a definition is all I'm saying. You know, for example, city property can be a park that you don't want to park it in the middle of Settlers Park in a soccer field, for example, and there will be some nerdy lawyer definitions that help everyone comply and make it even more valuable. So, that's the only question for the next stage of this MOU. Awesome stuff. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Megan, I really appreciate the little test that we got -- test drive we got today. I think this is a fantastic program, so I'm really excited for you. What a great company and I'm really -- I'm thankful that you're bringing this to our community. People need to Meridian City Council March 27, 2018 Page 15 of 52 be out riding bikes more often, so this is great for health, it fits in our strategic plan, in my opinion, and -- where I was going? I was going somewhere with that. Oh. So, my - - that -- I don't have a question for you. That was my comment. But she is hoping to get this started in April, so I don't know how much more time we need and how many more meetings we have to have in fixing words and stuff, but they really -- they are ready to get this started and they want to get it going for spring and it's already the end of March. So, I'm in full support of going forward with the MOU, fixing a few areas that need to be adjusted, but we can't just drag our feet on this either. De Weerd: What is your timeline with the other communities? Colford: The timeline is we are on track to -- it's a little bit sort of like this, that we are just meeting with the right people and -- and it could -- you know, you never know if someone has some serious concern that it could add on several weeks or a month, but it's looking like if everything goes smoothly we could still be on track for the spring launch. With that being said, we are totally open, we want to make sure that it's the right fit. We want to make sure that it is really going to be successful when we do launch. So, if there is anything -- any concerns from any of the communities we would be okay to delay that if needed to make sure that it, you know, all comes together in a nice way. De Weerd: I think there is a couple of questions that have been read by Council that would -- what is a reasonable time frame, Mr. Nary, to get a draft agreement back and maybe even have a little further information in terms of what other communities have learned and necessary public outreach in -- in both the helmet aspect, where to park, where not to park, where you're allowed to ride, and et cetera. Nary: Madam Mayor, Members of the Council, so we did start doing some research and, then, one of the conflicts -- and I think we can work this out with LimeBike, but the rules in each municipality, the county, and the state are all different and so the problem in the education piece is you can ride it in one location in the city of Boise, but you can't ride in the City of Meridian and ITD prohibits some of these from being on -- or ACHD prohibits some of these being on sidewalks. So, that's -- that's a conflict I can't fix quickly, but that's an education piece, so we have to figure out -- with LimeBike, because I think we have a base to start with. I think that's good. I think the definitional things I think are important. I don't foresee them being problematic, it's just making sure we have identified to LimeBike -- because, again, this is a fairly unique jurisdiction where you have the roadways under one authority and, then, a lot of the other locations where these could be used under a different authority. So, I couldn't give you specifics on timing, but I think we have got a good start and I think we have done some of the research already to at least identify the issues that they probably need to be aware of, whether or not you can operate in Meridian the same places Boise is probably more of a LimeBike education piece than Meridian, but we wanted -- I thought we would need to be good stewards to our public in at least advising them when we are partnering with this group to allow these to be used out there, that we are not giving people the wrong idea or the wrong impression of you can use these anywhere you want, when you really Meridian City Council March 27, 2018 Page 16 of 52 can't. So, I think with all that being said I think we can work pretty quickly. I think we can work with Planning to get some of the research done on some of the cities. They are all fairly easy to find information on, so that shouldn't be difficult for us to do some reference checks and Ms. Colford to provide them as well. That would certainly make -- speed it up if we need to contact specific people. A few weeks. That's the best I could tell you. I don't anticipate it being very long. I think, again, most of it's going to be a lot of dialogue that I think we can get through, so -- De Weerd: So, perhaps we can bring this back on our workshop April 10th? Nary: Okay. Borton: Madam Mayor? De Weerd: You don't have to have finals. Nary: Oh. Okay. De Weerd: Bring back what you have, a draft, progress report -- Nary: Yeah. No. We can definitely do that. I thought you mean final. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: At that point it's -- it's not our business; right? It's not ours. So, we don't need to -- nor is it within our purview to add language on who should wear helmets and when and where the bikes should go and for how long and -- that's all yours. I mean everything's yours and you have got the business desire to make sure that's all done properly. You could do this entire business without the city's permission anyway; right? And so we appreciate being a partner, but I don't think we are going to try and recreate conditions and put a whole bunch of hoops you have to jump through. We really define the city of city property was really the only thing that certainly needed some definition, but we don't want to impose a bunch of obligations on you that you have already addressed. That's outside the scope of us I think. Hood: Madam Mayor? If I can just piggy back on Councilman Borton's comments a little bit. I guess, again, you have the draft MOU in your packet tonight. I would ask you if you have any concerns with the terms there, but generally I think the 10th is definitely doable and just a little bit to the thing that you asked, Madam Mayor, I have talked to the city of Boise staff. They are aware of LimeBike. They are in a little bit different situation than we are, though. They do have a university and they also have a current system in place that they are a little bit concerned about. They made some significant investment there and a lot of these other communities have multiple providers, but that is causing them a little bit of concern about competition and wanting to encourage the investment Meridian City Council March 27, 2018 Page 17 of 52 that has already been made in their community and the expansion of that and what does this look like for them. So, they didn't share with me -- and I don't know their time frame, but I know that there is some concerns there. Just the other point that you brought up. I have been doing some research and, again, some of it's been -- you know, articles have been sent to me and some of it I have found from other -- not so much similar sized communities, you know, suburban type communities, but have been researching this and some of the other issues, maybe, that come up and some of the success stories as well. So, I can do a little bit more of that, but I think we are -- we are generally there. But, again, I put that -- my first comment on Council, if you have any concerns to make it go -- I have been working with Mr. Baird in Legal, too, and he's looked at this and the parks directors has looked at it, so it's probably largely going to look like what you see here. So, yeah, I don't know what else it would add at this point. Just to make sure it's -- it's some terms and definitions. Another one that I point out -- public way. What does that mean? A public way. So, there is some definitions to the agreement, just so we are on the same page, but the 10th is definitely doable, in my opinion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'm in favor of this regardless of what surrounding towns do. So, I wouldn't want them to -- they don't have to necessarily get the entire Treasure Valley started on the same day and I understand why Boise would have some concerns, but we don't have a current bike ride -- bike share system here and we really could use one. I think it would be beneficial to our entire community. So, yes, it would be great if all of the other cities participated, but I do -- I don't see it as a necessity and I'm pretty sure they could put up a GEO fence when people are taking the bike and they will say you cannot park this bike here. So, driving over and parking it in Boise or somewhere else, shouldn't really be that much of a concern. But, again, it's not our problem, that's part of their problem that they are going to have to figure out and deal with when they charge customers by that or not. The only other thing that I would say, which we have already discussed, would be -- and I don't know if this needs to be in the MOU or not, putting in some language in the app regarding Idaho law for riding law -- bike riding law or E bike law, so that people have an understanding of it, rather than ACHD's permission, the rest of the Treasure Valley can -- they can come along with us or they can follow suit later. De Weerd: Okay. I think you get a general sense of what Council thinks. So, we will put it back on our agenda on April 10 and -- with either a final or -- or not. Thank you, Megan, for joining us. Item 9: Action Items A. Public Input: Budget Amendment Not-to-Exceed $108,987.00 for SCADA System Administrator Meridian City Council March 27, 2018 Page 18 of 52 De Weerd: Okay. Item 9 under Action Items. First up is our Public Works director on the SCADA staffing. Bolthouse: Good evening, Madam Mayor, Members of Council. We met last week before you on we believe to be a very critical budget amendment for the Public Works Department in our operations effort to move forward and hire the adequate resources to help us manage the SCADA system. I think we have pounded it pretty good. I would be happy to stand for any questions if there is any outstanding ones. De Weerd: Thank you. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: If there isn't any added public comment or any information else to be received, I would like to thank Dale and his team for their patience and move that we approve the budget amendment for a not to exceed amount of 108,987 dollars. Palmer: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Bolthouse: Thank you. B. Final Plat for Goddard Creek (H-2018-0014) by McMillan Storage, LLC located at 2780 W. McMillan Road De Weerd: Thank you, Dale. Thanks, Alex. Item 9-B is final plat for H-2018-0014. Ariel: Madam Mayor, Members of the Council, a pleasure to be with you. This application is for a final plat. The property -- the site consists of a 12 and a half acres, approximately, zoned C-C and R-4, located at 2780 West McMillan Road. The applicant has applied for a final plat consisting of one commercial lot and one residential lot. The applicant has agreed to all conditions in the final plat, with the exception of Condition 5-C. The condition reads: The applicant shall provide a 25 foot landscape buffer along the McMillan Road frontage of Block 2, Block 1 -- Lot 2, Block 1, in a common lot. The applicant shall provide a note on the final plat indicating who is to maintain the easement area and the common lot. The applicant has requested that the Meridian City Council March 27, 2018 Page 19 of 52 landscape buffer be placed in an easement, as opposed to the common lot. UDC Section 11-3-D7 requires that a street landscape buffer in a residential subdivision be placed in the common lot for the purposes of maintenance of that common lot. The lot is undeveloped and is technically not in a residential subdivision. Staff is of the opinion that the intent of the code would be met with an easement, instead of the common lot, if the applicant can provide documentation of who is responsible for the maintenance of the landscape buffer. With that, Madam Mayor, staff will stand for any questions. De Weerd: I'd love to ask you some really complicated questions. Ariel: I'm ready. De Weerd: Council, any -- any questions? Okay. Does the applicant have anything to add? Okay. Okay. Council? If there is no questions for staff or the applicant, I would entertain a motion. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: After considering all staff, applicant, and public testimony, I move to approve file number H-2018-0014 as presented in the staff report. Little Roberts: Second. De Weerd: I have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A guess a question for Cameron. Have they provided the necessary documentation that we feel like that the common area is going to be maintained in perpetuity? Ariel: Madam Mayor, Councilman Cavener, that is yet to be determined based on your -- your vote. So, this is -- would be agreeable to the applicant. So, they are aware of it and would get that in the agreement. Nary: It would have to be submitted before final plat -- when they sign it. De Weerd: Okay. Any further questions? So, that -- that detail will be provided before it is put on final plat. Okay. Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. Meridian City Council March 27, 2018 Page 20 of 52 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Final Plat Modification for Olivetree at Spurwing (H-2018-0021) by Spurwing Limited Partnership located north of W. Chinden Blvd., west of N. Spurwing Way 1. Request: Modification to the Final Plat Landscape Plan to Remove the Pathway Connection to the Golf Course and the Requirement for bollard Lighting Along the Pedestrian Pathway, and Addition of an Archway/Entryway Feature and Water Fountain De Weerd: Item 9-C is a final plat modification request for H-2018-0021. Ariel: Madam Mayor, Members of the Council. This -- this site is located north of West Chinden Boulevard, west of North Springwing Way. Just a little history. The final plat was approved by Council in 2008, along with several time extensions since that time, but has not yet been signed by the city engineer and recorded. Approval requests approval to modify the landscape plan for this subdivision to remove the pathway connection to the golf course planned between Lots 7 and 9, Block 1, and the requirement for bollard lighting along the pedestrian pathway. Removal of the pathway connection is due to a change in ownership of the golf course. The new owners feel it would be a liability to allow a direct pedestrian access to the private golf course from the residential neighborhood and disruption to golf. Removal of the bollard lighting requirement is due to a change in city code that no longer requires pathway lighting to be provided and the applicant feels street lights within the development provide adequate illumination of the path. The applicant proposes to add an archway entryway feature and water fountain as alternative amenities within the development and staff recommends approval. Staff will stand for any questions. De Weerd: So, the pathway connection and any of the open space that it represented doesn't impede on their required open space? Ariel: Madam Mayor, that is correct. De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Cameron, I know I'm going to put you on the spot, but I guess I'm -- I'm looking at the access to the golf course maybe somewhat how we look at open space in Meridian City Council March 27, 2018 Page 21 of 52 other neighborhoods and we believe in pathway connectivity and I guess I'm trying to recall a time that we have said we are not going to -- we are going to remove a pathway requirement because the neighboring neighborhood doesn't want the public walking through to their open space. So, can you give us a little bit about the discussion that staff has had about this request and -- and -- I didn't see here if it was something you guys support, but help get me educated. Ariel: Madam Mayor, Councilman Cavener, great question. So, I think this -- this does hinge a little bit around the -- the fact that it is, you know, the golf course itself. So, you know, is it -- is there -- you know, is access needed to a private golf course, which is kind of where we -- where it hinges. Staff, you know, has reviewed it and we -- we do recommend approval, but, you know, there is -- you know, I understand Councilman Cavener's concern, you know, of connectivity. That is a -- that is an issue. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Picturing that section of the course, I'm guessing it's really not a safe place for someone to be walking, but I am curious with a subdivision being built on a golf course, assuming people would want to be members, how are they going to get their carts out to the course if the pathway is gone? You have to go completely around and over. Borton: Madam Mayor? De Weerd: Does anyone want to answer that question? Borton: I got a clarifying question to that. De Weerd: You have a clarifying question to that? Yes. Borton: Madam Mayor, the pathway at issue was only the pathway in that lower southeast corner that would go to the course. It's not the pathway on the northern portion of this project. That pathway remains, it's just that connectivity to the private course -- De Weerd: Yeah. Borton: -- where you're going to get hit in the head. Ariel: Madam Mayor, Councilman Borton, that is correct. It's just this -- this portion here. De Weerd: So, what happens to that angled green space? Meridian City Council March 27, 2018 Page 22 of 52 Ariel: Madam Mayor, I believe -- and I could be corrected here -- this is where there is a proposal for the fountain and/or, you know, another amenity in that area. It looks to me that that is an open space there. De Weerd: It looks like it's on a road. Is the applicant here? Little Roberts: Madam Mayor? Having been out there recently, the fountain is closer to the entrance. It's -- I can't remember if it's right out the entrance or on the curb. I'm wondering if they are going to just let the golf course take care of that as they care for the course, because that is -- right. Yeah. Right kind of -- where you could get hit in the head. De Weerd: Shari, do you want to maybe answer that? We could make up our own stories. I think it's going to be where a fountain of -- or a statue of maybe Mr. Bird. No. Stiles: Shari Stiles. Engineering Solutions. Mayor de Weerd, Councilman Little Roberts, it is landscaped. It is -- there is a tee box right next to it and they kind of wanted it to buffer the residential homes against the tee box, so they didn't have -- I think they may have it maybe surrounded with like some split rail fence or something, but we tried to get out of the requirement back in 2007 and -- and -- I mean the golf course is really -- it's like a natural barrier, because they absolutely do not want the liability of random people coming out and just coming in the middle of the golf course, so that was the reason for the request. We -- we thought it had been taken care of, but we -- we do have the plat signed. It has been signed by the city engineer -- is waiting at Ada county -- the Ada county. So, we are hoping to get it recorded. They have been waiting a long time. We have all been waiting a long time. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, I’m not sure the -- so, the little corner of green there, what -- what's to become of it? Just -- Stiles: Mayor de Weerd, Councilman Palmer, it will -- it will appear to be probably part of the golf course. It is still a buffer from that tee box, but -- I didn't get any pictures of it, but I do believe that they do have some split rail around it and that's more just meant as an open area, so they don't have people just walking directly behind their homes. De Weerd: Who will maintain it? Stiles: Pardon? De Weerd: Who will maintain it? Meridian City Council March 27, 2018 Page 23 of 52 Stiles: I -- I don't know that for sure, but I would imagine it probably might become part of the golf course maintenance. They will probably also maintain the open spaces within the subdivision. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Maybe if I stopped mowing my lawn my neighbor will take care of it. De Weerd: I doubt it. Palmer: I might try it. This just seems goofy. I mean -- I'd love for those lots to be bigger and just go to the corner to solve that problem, but I think if you're going to -- if -- if that's part of this subdivision's open space there ought to be a connection to it. I don't know how the law works and be able to say, hey, if we don't want this can we give it to Spurwing and they maintain it or if you have -- need your ten percent and that fulfills it and without it it doesn't have it -- I don't know. This just seems goofy to me. Not having a path to it, but even if there was a path to it it's puny and in the way of the golf course. I totally understand the golf course's position not wanting a connection to it. I mean it wouldn't be their open space, the golf course itself, they wouldn't be able to go out and have a picnic on -- on the golf course, so I understand not wanting to have a connection to it, but if there this little -- and I don't know what the size of that would be. I'm really just rambling, because I don't understand what's going on. Or what to do with that, because it -- Milam: Madam Mayor? Palmer: I hope they mow it, but -- Milam: Maybe the neighbors will do it. De Weerd: Do you need that open space for your open space percentage? Stiles: No. We have over 20 percent. De Weerd: Yeah. So, why wouldn't you just split it off and put it in those lots? Stiles: They really don't want the lots to back up to that tee box. They have a -- they will have a wrought iron fence along the lot line and -- De Weerd: Instead of a split rail. Stiles: Well, I believe their landscape plan was -- required the wrought iron fence adjacent to the golf course. Meridian City Council March 27, 2018 Page 24 of 52 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'm -- yeah. I'm not in love with this -- this plan. I think that the pathway should be put in and what if -- what if this guy right here lives -- goes to the golf course and he wants to walk over there, he should be able to walk over to the golf course and -- or if they don't, they could put up a sign that says this is private property. If you're a member of the golf course you can come in. If not -- but I think it -- the whole thing -- this is part of Spurwing Greens that's connected to Spurwing Golf Course and it should have connections direct. De Weerd: No. I think this is the Executive 9. Is this the Executive 9? Stiles: I don't know what backs up on Chinden. Borton: On Chinden. Yeah. Madam Mayor? De Weerd: Oh. Okay. Borton: This abuts number one green and number two tee box. De Weerd: Okay. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Would we feel more comfortable if we got confirmation on who is going to maintain that little piece? I mean if we got confirmation that Spurwing was going to maintain it, would that be an easier decision for us to make? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To field the question -- no. My answer -- the corner maintenance doesn't change with or without this amendment of the final plat. That corner maintenance is an obligation of the Olive Tree Subdivision. The wrinkle they are creating upon themselves is how to get the mower or any maintenance vehicles without a pathway. The pathway probably shouldn't have been in there in the first place. The clubhouse is a hundred meters north just down the street and you're at the clubhouse. So, you really don't need to do anything. We have a pathway like that to get anywhere other than to go get hit in the head. It's a private course. Because the clubhouse is straight north up the street. So, I would -- I would support a final plat amendment because the obligation to maintain Meridian City Council March 27, 2018 Page 25 of 52 the corner remains the same. The pathway doesn't make any sense. It's better as amended. Stiles: Madam Mayor? De Weerd: Yes, Shari. Stiles: Councilman Borton, the -- it is going to be owned by the Olive Tree at Spurwing Subdivision as one of their common lots. Whether it will be turned over to the Spurwing corporation to maintain as part of that, whether they have agreement with them to maintain it as part of that -- they have got -- you know, it's all open all along the east boundary there, totally a hundred open, and they have those golf court -- golf cart paths that -- that go around it. This project is a hundred percent built. We have submitted our surety. We have a warranty surety in place. It has been signed by the city engineer. We have record drawings that have been submitted. They were hoping that they would have lots to build on last fall, but this is just the last item. We believed it had been taken care of by other parties that we had been led to believe that it had been and got to this point and it's not approved. So, that's where we are at. Thank you. De Weerd: Yeah. I do think the pathway connection makes any sense. It makes less sense than the corner that is behind everything. I just don't want the -- the phone call to say why did you set up a weed patch behind my lot. Stiles: I can, basically, guarantee you that will not be a weed patch. I will mow it myself. Borton: Madam Mayor? De Weerd: She has to trespass on the private course. Borton: Right. In addition to the -- to Shari's guarantee, the association has to mow it; right? They have got a provision to maintain that the same as all the rest of the common area in perpetuity. That's where the obligation comes to maintain that little corner lot. De Weerd: Yeah. Borton: And if this modified final plat never came to us today, that obligation would be the exact same. De Weerd: Any other questions for Ms. Stiles? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council March 27, 2018 Page 26 of 52 Palmer: Just a comment. If it was anywhere else this would be harder, but I mean the size and the fact that it's there next to Spurwing, the odds of it not getting mowed are slim to none. So, I just -- as weird as it is, it's not that concerning, it's just -- but this connection in my -- that's going to bug me later, but I'm sure it will be fine. De Weerd: Okay. Any further questions? Thank you, Shari. Stiles: Thank you. De Weerd: Even though it's not a public hearing, but, you bet, you raised your hand, very polite, you -- if you will state your name for the record. Brown: Kent Brown. 3161 East Springwood. And, again, I don't have a dog in this fight, but I have done stuff next to Spurwing Golf Course and they are pretty particular about the access. Up in the northeast corner of the portion that recently got built up there we did the golf -- did a tennis court and that kind of stuff for them and their access to their -- their fairways is critical and so they really do need that closed and I can say that they probably have put that restriction to keep away from the tee box. I have hardly golfed. I think three times. But I know that they get kind of touchy about how close you can be to the tee box and so if that makes Councilman Palmer feel at home more easy, you know, so when you throw your club you're not going to hit a house. How is that? The golf course -- the golf course is really pretty restrictive of their access. So, just personal experience from doing that. Thanks. De Weerd: Okay. Council, any further information needed from the applicant's representative or staff? If not, I would entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve Item 9-C, H-2018-0021, the modified final plat as presented with the addition of the archway entryway and the water fountain features as presented by the applicant and staff. Bernt: Second. De Weerd: I have a motion and a second. Did you want to -- to suggest that a note is on the plat that we didn't do this? If there is no further discussion, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Meridian City Council March 27, 2018 Page 27 of 52 Item 10: Department Reports A. Finance: Annual Fund Balance Transfer Proposal De Weerd: Thank you. And thank you for this interesting modification. Okay. Item 10- A is under our Finance Department. Lavoie: Good evening, Madam Mayor, Members of the Council. I wanted to say thank you for allowing us to present to you the annual process to request fund transfers from our previous fiscal year results. So, today we are going to present to you the fund balance report, which should have been submitted to you within the documents provided by the clerk for this agenda item. You also received a memo that has the three proposals that I am presenting to you for consideration and, then, at the very end I just want to touch on some of the future considerations that we have kind of on the quote, unquote, white board that the city is discussing for future expenditures. So, with that I'm going to go into our first slide, which is our fund balance report. This, again, was presented to you in your documents. This is the actual results from fiscal year 2017 for all the governmental funds. We have a little over 53.4 million dollars available in our fund balance and we have the funds listed below for your consideration or for your information. For tonight's discussion I'm going to ask that you kind of focus on the far left bar, which is called the General Fund, a little bit over 32 million dollars available in our fund balance. The impact fees we won't touch. Those are restricted and mandated by other laws. We will also touch a little bit on public safety and capital improvement. But for the time being if I can get you to focus on the General Fund, right now we have a little over 32 million dollars. So, with that I'm going to show you what the 32 -- how the 32 million dollars is distributed. Again, for the General Fund, 01 fund, we have two hundred -- a little over 202,000 dollars for unspendable. What that means is we have to classify certain dollars within our fund balance that we can or cannot touch or they have limitations based on rules or regulations. In this case you have money deposited for a certain reason, so we cannot touch that money, because it's already quote, unquote, spent. So, we have to classify that as nonspendable. We don't have any restricted. We do not have any committed at this time for the General Fund and you have a little over 1.7 million assigned of the 32 million. The assigned dollars represent the carry forward amounts that we presented to you in fiscal year '18. Again, we don't want to touch that. We have that allocated for contracts that have been signed and we need to allow the General Fund to continue their operations, so we assigned those dollars accordingly. So, that leaves us with a little over 30.5 million dollars in quote, unquote, unassigned classification. So, you're probably asking so what do we have 30 million dollars for in the unassigned category? Very valid question. And this is how we had distributed the 30 million dollars in your General Fund. So, again, this is just the unassigned portion. We are taking out the other two pieces, because we can't touch those. So, of the 30.5 million dollars we have a little over 15.8 million dollars in reserves. That's our best practice that we have had here at the city for four months of operating expenses for the General Fund. We believe that's the best practice, that we should keep employing and I'm representing that here tonight, I think we should Meridian City Council March 27, 2018 Page 28 of 52 continue that best practice today. Last week I submitted to you an e-mail regarding the comprehensive financial plan with the details of the report and also the recommendations of how we should allocate the balances within the e-mail stream and if you recall there is a General Fund allocation and I had in there of 9.3 million dollars that I believe we should allocate of the unassigned fund balance to future capital projects and that's what the capital comprehensive financial plan does, it allows us to see what we have in the future, it allows us to plan for the future and the recommendation that I had on the e-mail and tonight is -- I believe we need to assign 9.3 million dollars of the unassigned for the future projects that I submitted to you last week on the e-mail. So, you're probably doing some math and you're going this doesn't quite equal 30 million, you would be correct. We still have 5.3 million dollars to equal the 30 million. So, the question is what do we do with the 5.3 million dollars and that's what the memo is and that's why I'm here for you today. The memo of that I presented to you states information that we do this on an annual basis. We try to get here in March every year. The treasurer of the city and the CFO of the city presents to you their recommendation. So, I stand here tonight with three proposals for you to consider. We wait until March, because we want to make sure you have the audited financials from the prior fiscal year. Thirty days ago you had the auditor here, Kevin Smith from Eide Bailly. He presented to you the results and I was here a week before that with the actual results as well. So, with all the information complete I have proposed to you three considerations for the fund balance transfer. The first one is to transfer 2.6 -- a little over 2.6 million dollars from our General Fund unsigned to the Capital Improvement Fund, Fund 55. This follows the city ordinance as noted. I also included the ordinance on your memo for your reference purposes. So, again, this is something we do every year for consideration and I am proposing that we have this proposal in front of you with the transfer as well. Proposal number two is to transfer one million from the General Fund unassigned to the Capital Improvement Fund. Or I apologize. To the Public Safety Fund. My recommendation for this is based on what I have seen on a comprehensive financial plan of the vehicle replacements that are coming down the pipe for the public safety division. So, Police and Fire. I believe if we start setting some money aside now, because we have the ability to, when the future council one or two, three, four years has a proposal to you for consideration to replace some of the vehicles, we have a revenue source we can tap into, aside from the General Funds for that fiscal year and, then, the third proposal I have for you today is a commitment of 1.5 million dollars within the General Fund. So, the monies will stay in the General Fund, it just gets moved to a different classification. So, instead of being unassigned or unallocated, it will now be committed for the future use of a self-funding consideration. This is to kind of close up the loop of what has been presented to you in the last two years. Your HR director Crystal Ritchie and, then, your HR benefits manager -- Christena Barney. Thank you. They have presented to various -- she's going to get me tomorrow. They have presented to you a handful of times the topic of self-funding, the considerations, the benefit committee's discussions of that. This year kind of closes the loop to set the money committed -- not spent, it's just sitting in the General Fund as a committed option if the Council does consider going into self-funding. So, it's still there, it's just committed. So, those are the three proposals that I have presented to you for your consideration. So, this is the slide I showed you of where the 5.3 million sits as, Meridian City Council March 27, 2018 Page 29 of 52 quote, unquote, unallocated. If you consider and approve the three proposals that I have submitted to you for tonight, this is how the slides -- the graph will look. So, we had moved one million to the Fund 08, so that's our public safety, and, then, we would move or, quote, unquote, commit 1.5 to your self-funding commitment and, then, the 2.6 million would be transferred to Fund 55. So, that would still, then, leave a little over 187,000 dollars, quote, unquote, unallocated. So, that would still make up your total balance and 30.5 million dollars. So, again, I stand here to ask for your approval for the three proposals. Again, the first one is to reduce the General Fund by 2.6 million dollars to follow the ordinance and that would increase the Capital Improvement Fund by 2.6. Bullet number two is to reduce the General Fund by one million and transfer those funds at the Public Safety Fund for your future use and consideration. And the third proposal I have for you tonight is, again, a no change to the General Fund, it's just a commitment of the 1.5 million dollars to kind of close the loop under discussions that the HR Department has presented to you in the past. So, of your 53 million dollars, if we were to approve the proposals as I have in front of you, this is how the 53 million dollars will be distributed. Again, the General Fund would be reduced by a couple million. The Capital Improvement Fund would be increased by 2.6. And the Public Safety would be increased by 1.3 million dollars. So, again, the 53 still stays intact. We haven't lost any of that. It's still 53 million. We just transfer the funds within different funds. So, with that this is the General Fund. I now have a little bit of money and committed, that's that 1.5 million. The nonspendable did -- did not change. Your assigned did not change. Your unassigned is now just 25 million, because we moved some money from that. So, those are the three proposals I have for you. These are the considerations I also want to bring to your attention. We have a lot on the plate of considerations. We have unfunded CFP projects. I submitted to you the comprehensive financial plan last week. If you saw some of the graphs, the second five years they don't look that great. That means we don't have enough funding for the request that your departments have submitted. So, we always have to think about that. We have impact free projects. Every time we approve and construct some impact fee projects we have ongoing operating we need to consider. We have SROs. I believe you are -- you have been presented with some new schools in the city, so the new schools equals new SROs, so we have new expenses there and some other considerations I think will be present -- presented to you. We had animal control here a couple -- I think it was last month. They presented to you for some considerations. We have expansion to the south that I don't need to remind you on that one. We have Ada county discussions that we are talking about every day and we have ACHD projects. We have some transportation discussions. We have some road discussions. So, again, we have some future considerations we always have to take in consideration here of what we do with our fund balances and how we manage them. I believe the three proposals that I have in front of you today keeps the city in sound condition. We get to do this every year. We get to present to you considerations every year, but with that I stand for any questions of the three considerations that I have presented to you tonight. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council March 27, 2018 Page 30 of 52 Borton: Two clarification points on this. Your proposal -- correct me if I'm wrong -- does not create any new spending authority and it does not create any binding allocation of resources. Lavoie: Madam Mayor, Councilman Borton, what we are doing tonight does not commit any money to any spending authority. The binding part is loosely termed. We do have a commitment. So, once you -- we take votes on this from you, you are committing money to the self-funding possible project. But that doesn't mean you can't uncommit that in a future time period. You're just saying let's just put it there for the time being, let's not touch that. So, you're committing those funds at this time, but in a future meeting we could always move it back to unassigned and apply that to a future capital project. Borton: It's not binding. Lavoie: Councilman Borton, correct. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I have a fourth proposal. So, this 2.64 million dollars comes from permit fees. It comes from the development community. We are paying a premium for a service that they are not receiving. They are receiving a service, but we anticipated from this -- these funds we anticipated 170,000 dollars in excess revenues from Community Development. We in reality got 2.64 million. Our anticipation for this fiscal year was one million. We have reached that where now it's 2.8 million. So, if the development community is paying a lot of money for a service and our Community Development Department does the best they can with what they have got, but as we made super clear during the interview process for Cameron, that this was a situation -- we want it solved. We wanted to figure out what resources they needed and provide them to them, so that he can provide a successful service and make us the premier Community Development Department at least in the valley. I mean it's embarrassing that someone would rather develop in Boise, because the city of Boise has less policies and procedures and everything to have to deal with and understanding that they may need more staff, they may need new technologies, new processes, and so that's going to come at a cost. But there is over two and a half million dollars of money that we didn't anticipate that we would have and at least a portion of that should go toward solving some of these issues. So, my proposal would be that we hold off and wait until Cameron and his team have had a chance to fully vet and plan out exactly what they would need and be able to sell us on what it would take to be able to reach the quality level of service that we expect any of the other departments to provide for their customers and, then, make those decisions and, then, when we have the full picture before us of what community development is going to need to provide for their customers who are paying this money, who provided us this money, and we will have Meridian City Council March 27, 2018 Page 31 of 52 that in our picture, we can, then, consider all the other options and divide up the money however Council chooses. But right now we don't have specifics and maybe Cameron can add some to the conversation on this. Ariel: Madam Mayor, Councilman Palmer, I appreciate the discussion. We do look forward to that opportunity to -- to outline what our needs are soon. So, we appreciate -- we appreciate that consideration and that it is funded, so -- De Weerd: If there are questions, comments? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Todd, the 2,641,404 dollars you said that was -- is that from ordinance and what -- what is that number based on? Lavoie: Sure. Madam Mayor and Councilman Milam, the ordinance on the memo -- if you -- the second bullet point, so request number one is an annual proposal directed by the ordinance and in the ordinance it says excess revenue from the development services funds. So, those are the community development. So, it's the excess revenues. Milam: Thank you. And Madam Mayor. You had like 192,000 left in your scenario. A hundred and ninety-seven thousand. Excuse me. So, what would that -- what would you -- you have no proposal for that? Just making round even numbers everywhere and -- Lavoie: Madam Mayor, Councilman Milam, I have no proposal for that, as this is a moment in time, and next year the number will look different. One hundred and ninety- seven thousand we can easily allocate to many future capital projects. As the comprehensive financial plan shows you, the second five years is not fundable where we stand. So, every year we will stand in front of you -- in front of you with a consideration and I'm comfortable at this moment of leaving 197, quote, unquote, unallocated. We do have budget amendments every year that come in front of you and this is how we would tap into that resource if we needed to find funds to meet any amendment purposes. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Mr. Palmer, I'm certainly sympathetic to the growth that we are experiencing in our community development, but with this rapid growth that has left us with these funds available, I really think that we need to focus on public safety, because with this growth we are also stretching our public safety very thin and with replacements Meridian City Council March 27, 2018 Page 32 of 52 -- I know we are short of staff. I think it's really critical that we make sure that that funding is there for the future. We are doing another fire station. Last I knew that -- we had limited years that we could pay for that without setting more funds aside. I know that we are behind staffing in police and trying to play catch up there, but as our population continues to grow we are going to continue to have needs to keep our people safe and I think that is critical to maintain and increase the funding there for future needs. I would like to see us proceed with this, at least with those and I also know it's critical to continue looking at self-funding, which may or may not be our end result, but if that's the most economical way to go, to set that money aside is also very important to that process to have the ability to do it, if that is our decision. If we don't set that money aside and we decide that that is the best way to go, we won't have that option in place. So, I would like to see us proceed. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To kind of dovetail on -- on Council Woman Little Roberts' comments, the recommendation -- well, all three of them I support for several reasons. The one regarding self-funding, one of the things we have tried to do when we have gotten big expenditures is we save as we go and when there are big numbers you have to do that incrementally and this is a big number and -- and my point earlier on about it not being an irreversible allocation, if the decision -- there is a lot of vetting and discussion down the road about self-funding, but if that decision were to occur down the road, we would have had to have started to build up that reserve now. So, it seems to be appropriate to do this now, in light of the fact that we can -- we can reverse the decision down the road if we don't self fund. The policy of allocating the excess revenues to capital improvement has been around for quite a while and there has been years where there has been a deficit and there has been nothing available to transfer, but why I think that's continually important to do that transfer for a capital improvement is so we don't get of the mindset that these proceeds are available for recurring expenses. Labor costs are different than capital expenditures. So, we are taking a revenue stream that is finite and it's a single year revenue stream created by excess revenues, so it's being allocated to spend money on one time purchases. That sort of has been the policy that we have done for a number of years to avoid the ability to think that we have got 2.6 million dollars that is available for -- for new employees, for example, because you don't have a recurring revenue stream of 2.6 year over year, but you would be creating a recurring expenditure. So, a decision to allocate to capital improvement -- it has been appropriate, I think it continues to be appropriate and to Councilman Little Roberts' comments, we have heard about a fire truck every year and these levels of services that we have to maintain. That's our obligation when we -- when we approve these large developments on our -- on our edges, among elsewhere, we are making a commitment to provide those capital needs for our city to service those areas. So, I'm supportive of all three of your recommendations for those reasons. Palmer: Madam Mayor? Meridian City Council March 27, 2018 Page 33 of 52 De Weerd: And I would just add it has allowed us to be able to save before we spend and continue on a cash basis. Mr. Palmer. Palmer: Madam Mayor. Todd, are the -- what pays for the staff in community development now? Is it the same revenue stream as produced these funds? Lavoie: Madam Mayor, Councilman Palmer, at this moment the Community Development Fund is generating enough revenue from the permit sales and the planning services to pay for their salaries a hundred percent, but they can -- we can use our property taxes to pay for them, because they all reside within the General Fund, which is one pot of money. But right now they are generating enough to pay for their own salaries at this time. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, with that information understood, that -- it's already these dollars that are -- are providing for the service in Community Development. In my mind the excess revenues should have been less, because they should have had the tools necessary to provide the level of service that we would expect them to. So, really, the question today should be, well, whatever the dollar amount is less of the 2.64 million, not -- we are -- if we were to spend some of this on additional staff or -- or whatever tools they may need, that, you know, we are creating a continuous need for this money every year. Well, that's true. So, is everybody that's over there right now. If -- if the economy were to go down and in a couple of years in which we have had to use general funds to supplement the Community Development Department, if that were to happen again, then, the reality of the situation is this board should take the responsibility of letting people go when they are not necessary, so -- I mean another thing I'd like to see some of this money go towards is -- is establishing a fund to ensure that if things were to slow down we would be able to maintain, you know, staff over a period of time to -- if things were to reverse quickly it's cheaper to retain somebody than to have to fire and rehire and go find and retrain and deal with all that. But that's, you know, a conversation for down the road, but in the meantime these funds are here to provide for that service. They don't have the people and the -- the technologies that they need to be able to fully provide the service. So, a portion of this it only makes sense should be retained there to provide that service and if things were to go down and we don't have multi-million dollars of excess revenues every year or if we were to have none, then, that's another conversation that -- a hard decision that elected officials sometimes have to make. Lavoie: Madam Mayor, if I could. Councilman Palmer, I, again, appreciate the comments. I just want to remind you that the 2.6 million dollars represents a one-time amount. So, think of it as you put the 2.61 million in your pocket once, if you hired -- if you allow Cameron to hire the resources that you speak of, you can only make that payment once. It's not like it's going to be there in 2019. It's not going to be there in Meridian City Council March 27, 2018 Page 34 of 52 2020, because it's a one-time funding into your pocket. So, I can't guarantee you 2.6 million every single year, but I can guarantee this 2.6 million one time and that's why we normally go to a one time expenditure model, so we use it for the capital investment. So, if you ask Cameron to invest into resources, added additional personnel, submit software for ongoing expenses, your 2.6 million could be used once and, then, in 2019 you're going to have to find those extra dollars to pay for that ongoing expenditure. So, I want to clarify the 2.6 is a one time -- you put it in your pocket once, you use it once, and that's why we normally go to the Capital Improvement Fund, parks, or capital projects investment portfolio. Palmer: Madam Mayor? And because it's the -- again, all the revenue that comes from that department is already paying for itself. That's all one time money anyway. That money can't -- is not guaranteed to always be there. I mean we -- we may get to a point in the economy where no more development is happening, then, therefore, there is no more permit fees and we having to subsidize it anyway or let people go. That's the reality of that department no matter the situation and in this case we have a situation where the -- the development community is asking for service in an enormous way and so that -- just the reality of that department is it has to have in its consideration that it -- it may have to be fluid, depending on the economy and the development community. I mean if it were to stop today we could fund them for a period of time without having to use General Fund money. That doesn't change the fact that it's -- every year it's always one time money and it happens to pay for itself and, then, some. But right now we have a level of service that's being demanded that we cannot provide, because we haven't budgeted for it, that we had no idea -- we anticipated 170,000, we anticipated almost exactly providing for what was going to be needed. We are severely underproviding for what the economy is demanding. So, we need to raise that while the economy is demanding it. Lower it when it's not. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To that point, for the purpose today, again, it's -- it's an allocation at least for the reasons that -- for me why I think it's appropriate, but to your point, Councilman Palmer, I think we are going to have those types of discussions in June and -- I haven't seen the budget proposal and enhancement request for Community Development. Those principles that you have talked about might be reflected in there. There might be a presentation to us that requests additional funding, whether it's personnel or capital in Community Development to try and increase their service level, all of which at that point in the summer we will review and consider in relationship to other requests and we may say that makes great sense, let's -- we can reverse -- we can decide not to fund public safety, for example, because -- or the self-funding allocation because we -- we find the proposal for Community Development makes sense and it gets funded at that time. We don't have to make that decision right now. This isn't a fork in the road, at least as I see it. I just see us taking the consistent path to plan accordingly and -- and if what you're Meridian City Council March 27, 2018 Page 35 of 52 saying is what we hear and it makes sense and Community Development articulates that, Council might decide to do something else this summer. De Weerd: And -- and if I can, this is from the audited report. So, your General Fund, the 28 million -- 28.8 million, that is this year's budget and -- and so some of what they may need to do this budget year -- there are excess monies that can be considered for the needs that you will hear from Community Development in addressing a plan moving forward. So, I think Mr. Borton stated it well, that this is -- this is -- with what we have in the audit and what you're suggesting is what we have today. Palmer: Madam Mayor? We heard from -- from Dale a budget amendment for a very urgent need. We have a very urgent need in Community Development. I'm not asking for -- for months. I'm anticipating a budget amendment to be able to spend some of this money, rather than waiting for October, because the demand is there. I mean, then, you're busting down the doors with the need for a service -- De Weerd: That's a different conversation than what is in front of you today. Palmer: Madam Mayor, this is -- if I may. This is the exact conversation. The thing is if we start making these other commitments, then, we have to go -- I mean we may commit to, you know, the self-funding idea by allocating some money to it. If we are going to commit to those ideas we need to move forward with those ideas, not come back in June and July and say, hey, you know what, Cameron came before us and convinced us that we did need to go ahead and do this, so we are going to reduce that and change it and I'm just asking for a matter of weeks. I don't know how much time Cameron needs to be able to put together a budget amendment with here is what our needs are, here is what would give us this level of service -- De Weerd: Mr. Palmer, you will hear it sooner than you might expect. So, you will have that information soon. Palmer: Madam Mayor? De Weerd: Uh-huh. Palmer: So, you're asking me to make a decision on this now, so that it's -- sooner than I expect I could make a decision to maybe change this later? De Weerd: So -- Mr. Lavoie, maybe you can help in -- this is the audited numbers and in your General Fund resides this year's budget and some of the -- the unanticipated revenue that's been collected this year, as well as what might be expanded. Lavoie: Madam Mayor. You are correct. De Weerd: Okay. Meridian City Council March 27, 2018 Page 36 of 52 Lavoie: So, as Mr. Palmer stated a few minutes ago, there are excess -- we -- I think, Mr. Palmer, we already have exceeded our expectations for the Community Development revenue projections I believe, so this year we should have some, quote, unquote, excess revenues if things still continue as you stated. So, you will have some excess revenues this year that you could possibly tap into if Cameron wishes to present to you some budget amendments to satisfy the needs for fiscal year '18. So, I think you're correct. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Appreciate the conversation from Council tonight. I think a lot of us are taking a look into our crystal ball and trying to get a grasp as to where we think things are headed both in terms of -- of department growth and demands on our city for insurance and emergency response. Appreciate the comments from all of Council and I guess -- and I know that Cameron and Bruce are kind of discussing among themselves right now, but rather than just look into my crystal ball and guess if you have some budget amendments that are coming, the Mayor alluded to that something is coming sooner than we would expect. Can you help provide some clarity in our crystal ball about what your current needs you anticipate and what we may be asked to approve in the future? Ariel: Madam Mayor and Councilman Cavener, I would say imminent. We will -- we will have information to you very soon and based on that information and the direction we received from you we will -- will have a plan forward for you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Just for clarification purposes question. So, Cameron is going to have a budget amendment. We have got the money to cover that in our 2018 budget. This is 2017 dollars that we are talking about and that's why we are allocating into these funds. Thank you. I'm good with this. De Weerd: I couldn't have said it better myself. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Then in light that this discussion is imminent, can we continue this to another meeting? I rarely quote my predecessor, but are we in a hurry? Or why be a hurry? How did he say it? Meridian City Council March 27, 2018 Page 37 of 52 De Weerd: But you're talking about 2018 funds and this is 2017 funds. It's apples and oranges at this point. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: In light of an imminent budget amendment, which will get on the next agenda that you're ready to present it, in light of the fact that this excess revenue is available perhaps to fund a budget amendment should it be warranted and justified, which we will very soon find out and everything else that was said, I move that we approve the annual fund balance transfer proposals one, two and three as presented by our Finance director. Milam: Second. De Weerd: Have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Appreciate the motion from Counsel Member Borton. I guess I wrap my head around the word imminent and that to me seems it's coming very quickly and I -- for the sake of the Council and the questions that have been raised, I am struggling to see what -- the imminent need for us to make a decision tonight, as opposed to -- again, it sounds like that we could continue this for one week. I recognize we have a very lengthy agenda next week, but if merely to have all the questions answered and this body feel assured in their decision making process -- I would hate that we have a Council Member or Council Members that don't feel they have the answers to all of their questions to make them feel confident in supporting staff's recommendation. I haven't heard a reason why we can't continue it for seven days. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: You want the answer -- Cavener: I would like -- Milam: But I have a question that maybe -- maybe can clarify this. Cameron, you currently have an excess revenue of around a million dollars for fiscal 2018; is that correct? That was the number that I heard tonight from Councilman Palmer. Is your budget amendment going to be more than a million dollars for fiscal year 2018? Meridian City Council March 27, 2018 Page 38 of 52 Ariel: Madam Mayor and Councilman Milam, I hate to say it, but that will largely depend on the direction you give us. If you choose to go a certain route it could be more or less. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And while it's a million right now, we are anticipating 2.8. But given that we had guessed at 170,000 and ended up with 2.6, who knows what's really going to happen. So, a one week or a two week -- if next week's agenda is -- if we don't get drafted in this -- is not -- however you want to schedule it, but to just make the decision tonight -- I mean, you know, what if -- what if we decide with whatever is to be proposed that it makes sense to establish a -- I don't know, maybe it's part of this plan -- you know, a rainy day fund to ensure that we can continue at a staff level if we don't have the -- the necessary revenues in a given particular year. Just to make the decision right now, understanding that we can undo it later, it seems like a very government thing to do and kind of messy, when we could wait, have a better picture and make a decision in a week or longer. De Weerd: We are talking about different budget years. Mr. Lavoie. Lavoie: Madam Mayor, I also just, again, appreciate the conversations. I mean it -- we have some good stuff to talk about. I just want to remind you that this isn't the only budget amendment that might be presented to you in the next imminent days. We may have another budget amendment in non-imminent days, 35 days. So, if we continue this, let's just delay -- possibly delay until we have all the budget amendments done, then, I should be standing in front of you in August. But, I'm standing in front of you today for fiscal '17's results. So, in theory I can put this on, you know, kind of forever if we want to take on the consideration that's wait until all the budget amendments are done. But, again, this is '17's results. I'm asking for '17's money to be allocated and I wish I could promise to you that that would be the last amendment for fiscal year '18, but I can't promise you that. I don't know if there is a half a million dollar budget amendment emergency that might come along. Well, that's going to change all of our discussions here, then, you're going to say let's get back to that money from this and put it over here, so we can continue to have this discussion. Many a time we are not allocating money -- as I think Mr. Borton said, we are not bind -- bound by all these decisions. We have the power to reallocate it if we need to, if we need to get these funds. So, I just wanted to put my -- I guess my little ten cents in there that we are not bound by all these decisions and this one decision that Cameron brings to you might not be the last one. We have no idea what's around the corner in the next four months over the fiscal year for budget amendments. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council March 27, 2018 Page 39 of 52 Palmer: Madam Mayor. And to Todd's point, that makes sense and -- but because this future budget amendment -- imminent budget amendment pertains to these dollars -- the reason these dollars exist, I think it makes sense to wait until we know what this budget amendment, as opposed to any other budget amendment has. And so with that I -- as a substitute I move that we continue this item to a future meeting at the Mayor's discretion. Cavener: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, Todd, so am I understanding this correctly that the first motion to approve what you had recommended kinds give us a clean stop for the audit from 2017? De Weerd: Uh-huh. Lavoie: Madam Mayor, Councilman Little Roberts, that is accurate. It finishes out our fiscal year '17 annual process with our financial management. Little Roberts: And kind of a second half, if I may, Madam Mayor. So, then, we can still take into consideration what -- our potential budget proposals for 2018, but that keeps them cleaner and clearer potentially? Lavoie: Madam Mayor and Councilman Little Roberts, you are correct. As Mr. Palmer stated, right now we are projecting to have some excess revenues, so we can take that in consideration of your current budget amendments to meet those amendment needs with fiscal year '18's potential excess revenues. But as of right now '18 is looking good. You're approving lots of permits, you're approving lots of development. They are coming in. We are generating good revenue. So, you could in there use '18's excess revenues to utilize the revenues to pay for Cameron's resource request at this time and, then, keep it clean. '17 is done. '16 is done. '15 is done. '14 is done. All those fiscal years were done. Now we can sit with '18 and manage '18 budget and excess revenues, if there are any in this fiscal year. Little Roberts: Great. Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council March 27, 2018 Page 40 of 52 Palmer: Madam Mayor. Looking good in theory in air quotes are not as good as the money's in the bank from last year and we don't know what the ask is. So, whether it was last week that this came and we made a decision or whether it's this week or next week, I don't think we are in any legal worry about whether the decision is made right now or a week from now or whenever the Mayor puts it back on the agenda. De Weerd: Mr. Borton. Borton: Yeah. Madam Mayor, I don't support the substitute motion. I support the original one for the original reasons and we will see what the budget amendment is, but if we could take action now to the things before us now, so -- Milam: Madam Mayor? Borton: -- call the question. De Weerd: Mrs. Milam. Milam: I as well and regardless of this 2017 money is -- is going to have no bearing on whether or not we approve a budget amendment for 2018, as far as I'm concerned, so -- De Weerd: Mr. Clerk. Coles: Thank you, Madam Mayor. Council Member Milam? Milam: The substitute motion? De Weerd: Yes. Roll call: Borton, nay; Milam, nay; Cavener, yea; Palmer, yea; Little Roberts, nay; Bernt, nay. De Weerd: Okay. The motion fails. MOTION FAILED: TWO AYES. FOUR NAYS. De Weerd: We have the original motion. If there is no discussion, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: Okay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE NAY. De Weerd: Thank you. Meridian City Council March 27, 2018 Page 41 of 52 Lavoie: Thank you. B. Public Works: Update on Meridian City Code 9-4-24 pertaining to Wastewater User Charges and Updating the Wastewater Use Cap (Average Number of Gallons per Month for Winter Residential Water Use in the City) 1. Resolution No. 18-2066: A Resolution Updating the Average Number of Gallons Per Month for Winter Residential Water Use in the City. 2. Ordinance No. 18-1768: An Ordinance Amending Meridian City Code, Title 9, Chapter 4, Section 2 Regarding Definitions; and Repealing and Replacing Meridian City Code, Title 9, Chapter 4, Section 24 Regarding Wastewater User Charges; and Providing an Effective Date. De Weerd: Okay. Item 10-B. Freitag: Madam Mayor, Mr. President, Members of Council. I am before you tonight to bring you an update on the wastewater user rates ordinance rewrite that we have completed. Just to provide you with a little bit of context and background on this, you may remember we had a customer complaint some time ago regarding the ordinance as it related to interpreting the language regarding the winter average that we calculate for the ordinance. At the conclusion of that we were directed to go back and look at that ordinance, clean up the language that's in there, make sure it was understandable. We have completed that effort and you may remember back a couple of months at this point, but Kyle Radek brought that data back before you, kind of went through that ordinance line by line. I'm going to try and spare you that pain tonight and not do that. However, I would be happy to answer any questions that you might have on that section of the ordinance. For reference it's Ordinance 9-4-2 and 9-4-24. You had this in your packets tonight. The language is unchanged on that. So, we are asking for approval regarding that language. In conjunction with that, we are also going to be putting forward a resolution that speaks to the wastewater default use cap as we are referring to it. This is the number of gallons that we would charge a customer in a situation where their account defaults to that. We have a draft resolution in your packet. The number that's in there is 4,600 gallons. I would ask perhaps for one more week to actually firm that number up. We are working with Finance on that and there is a little data that we continue to crunch on that. So, our hope would be to bring that resolution with a final number close -- which we expect to be close to that 4,600 to you. So, the two actions I would request tonight really are approval of the ordinance rewrite and permission to bring that resolution back to you next week, with the updated cap, which we suspect will be close to that 4,600 number, but it might wiggle a little bit as we finalize that data analysis, so -- and with that I will -- I will stand for questions if there are any. Meridian City Council March 27, 2018 Page 42 of 52 Borton: Thank you, Alex. Council, any questions? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Not seeing -- not -- don't see any questions, but I guess maybe a procedural question to make sure my motion is -- is correct. If our goal is to continue the resolution to next week and approve the ordinance, I'm -- I'm fine with that. I don't know if I need to do that in two separate motions -- Nary: It would be cleaner. Cavener: Okay. So, Madam Mayor, I move that we continue resolution number 18- 2066 to next Tuesday, the -- the 3rd. April the 3rd. Milam: Second. De Weerd: Okay. I have a motion and a second to continue until next week. Any discussion? All those in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Cavener: Madam Mayor? De Weerd: Yes. Cavener: I would move that we approve Ordinance No. 18-1768. Milam: Second. De Weerd: I have a motion and a second to approve 18 -- I'm sorry. 18-2 -- no. 1768. Sorry. Coles: Madam Mayor? De Weerd: You need to read this. Coles: Correct. Proposed City of Meridian Ordinance No. 18-1768: An Ordinance amending Meridian City Code, Title 9, Chapter 4, Section 2 regarding Definitions; and repealing and replacing Meridian City Code, Title 9, Chapter 4, Section 24 regarding Wastewater User Charges; and providing an effective date. De Weerd: Okay. You have heard this read by title. Would you like to hear it read in its entirety? Meridian City Council March 27, 2018 Page 43 of 52 Palmer: Madam Mayor? I think Ralph is looking for it on the agenda. It's 10-B-2. De Weerd: Okay. Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Legal: Update on RFP for Main and Broadway Project and Process for Sale of City Owned Property De Weerd: Item 10-C is under Legal Department and I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Two items to discuss with you tonight briefly is -- first the request was to discuss the use of the old city hall property and potentially a partnership or agreement between the city and the Meridian Development Corporation in putting out an RFP for a development on that site. I attended a meeting last week with the MDC property committee. In addition to myself being present, Council Member Palmer was there, as well as Councilman Cavener and Keith Watts our purchasing manager. A very good discussion with MDC. Lots of very broad ideas on what to do. But a real good discussion on the RFP process and how the city might accomplish this objective. We are pretty good at writing RFPs, as well as MDC. We have done both and -- and I think the -- the best part of the conversation I think was really identifying the different needs of the entities and what MDC is looking for -- and we reviewed a recent RFP they did in regards to the properties on Main Street, 703 and 715 Main and how those reminded what they were looking for in those projects and we looked at the one we did a few years ago that the city crafted in relation to the old city hall, as well as seeking a proposal regarding a hotel and an entertainment facility. A performing arts center. Excuse me. And what we really ended up with was really identifying where the differences are and what MDC looked for, again, is the developments in downtown, the impact on the community, how that furthers their vision on downtown development and bringing businesses and economic vitality through downtown core and the city's RFP looked for all of those similar types of things, but had more specificity of what we were wanting in that case and in this one I think the city and MDC were both on the same page. So, we are really looking for broad minded concepts and the one difference that was really telling between the two RFPs is the city one that we used before also got down to some more specific financial details. It was asking specifically for the proposer to show where they had done that type of work before and how successful they had been at it and the -- their financial capability to perform the work and the timetable on which to perform the work and those were real pressure -- or telling points for the city to be at. And, I apologize, Madam Mayor was also at the meeting. I forgot to mention that. So, we had a good balance of interests Meridian City Council March 27, 2018 Page 44 of 52 there on both sides. What we left the meeting was -- is we need to work with MDC on crafting that type of RFP that meets the city's needs, ultimately that would be approved by this Council before we would put that out. We would work together with them on what would that look like. One of the things Mr. W atts really lended to the conversation was the criteria you're really trying to do is determine what does your scoring matrix look like, what are you trying to evaluate on and for, lack of a -- probably the least artful way of saying it is you don't want the most boring thing in the world to get the most points. So, you want to make sure you get the points assigned to the areas that have the greatest interest to you as the Council. So, that way the proposers know what you're really interested in and what you really would like to see and allow, again, creative opportunities or solutions to be brought forward. The other piece that we need to determine -- and we don't have to determine that tonight, but I do think we will have some internal conversations, probably with some of you council members and the Mayor, but what Mr. -- Mr. Watts brought out was you want to determine who is going to make that recommendation to you. Who is the committee that's going to score those, to evaluate those, to consider those proposals and, then, bring their recommendation back to you. It's that -- the way it's currently done at MDC, since the city doesn't do a lot of these, we build a lot treatment plants and wells and things, not -- not creative things -- is -- is MDC -- their entire board does that for the -- their property committee and that's I think about eight or nine people and so we were thinking that that would be something -- and we would be seeking input on do you want it to be simply Meridian city and MDC members or some community members. I know when we did the RFP for city hall we had a steering committee that included members of the community. So, if that's the desire of this Council, that's the info we are seeking, so that we could come back to you in a fairly short time with a draft proposal. Mr. Watt's suggestion was if we picked the committee first they could help work through those specifics of the scoring and would that make sense to that group and, then, we could bring back to you the proposed RFP with the scoring criteria and, then, if that gets approved, then, we can put that out on the street. So, that's kind of where we are at with that. I think, again, the committee first, then, craft the scoring criteria and in conjunction with that, sort of parallel with that, is the RFP language and what we are seeking. Questions on that particular part of the topic? Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: On that particular component -- not necessarily a question, but I have got some thoughts about the committee makeup. I don't know if that is the appropriate time to talk about that as well, but it would seem appropriate to have the scoring committee comprised of maybe two or three members from this Council, two or three members from MDC and, then, I think it would make sense to have a citizen involved and potentially maybe someone from outside Meridian or downtown, potentially maybe someone from ACHD, ACHD board member, Ada school district board member as well, people who have been involved in these types of RFP process in the past, so that way Meridian City Council March 27, 2018 Page 45 of 52 it's not overwhelming, but they could bring a lot of expertise to the scoring without maybe a bias about what's all happening in downtown. De Weerd: Okay. Any other comments? I know there was discussion at the committee and from MDC and a couple of people specifically that they had hoped to have on there, as well as that neutral party is a citizen, a business, and a downtown business owner that would be a neutral -- Julia -- I can't remember her last name. But we can bring some names and recommendations back to Council. Any additional comments? Mr. Palmer? Palmer: Madam Mayor. So, I had made that motion to keep the conversation going and allow both options of going the RFP route and selling it to progress. After attending that meeting I think, you know, if -- I wanted to contribute and really help if that -- if the RFP process is what, you know, Council ends up supporting, wanted to be the best that I can be and if that's the case I feel like it's moving in that direction, especially with Councilman Cavener's comments with, you know, who would make up the scoring committee and whatnot. I still feel like there -- there isn't a way to satisfy my concerns for the disposal of that property given that situation in the RFP process. If Council would rather go that route, so be it, I'm happy to make sure that -- or do my part to -- to ensure that that process is the most effective possible, but I still feel like the auction process would be the best for us. So, with that, Mr. Nary, do we -- and reading through your memo it doesn't seem like there is a -- a codified way in which the auction has to take place. Can it be a live auction? Can there be an opportunity for an open bidding process at the least? Nary: Madam Mayor, Members of the Council, Council Member Palmer, you're correct, I mean there is not a specific method of how the auction is done and many of you may know -- I mean they are done in a variety of different ways. They are done in public auctions. They are in other manners around the state. So, that decision on how the auction occurs is a decision point for this Council. I mean, again, we have only done a few and the one we did I can think of we didn't do a public auction, it was a -- it was a written bid that was submitted based on a minimum price and it was a closed bid, so you just bid on it and it was the highest one won. That one we had one winner, because we only had -- or, excuse me, only one bidder. But we certainly can vet out different processes that you would like, if that's the direction you want to go and if you wouldn't minding just add for the record, since we didn't indicate we would talk about it - - so, the process to sell property can be done either to an entity that we can sell it or transfer it to that doesn't require the auction process and that would be another governmental entity like MDC or we could do it through the auction process and there the requirement is there is some noticing requirements, there is requirement to get a minimum -- or determine a minimum price. That's usually done through an appraisal process. We have done that before. And, then, there is a noticing process that's required, a public hearing, and Mr. Baird does these for our staff and, basically, indicated we are talking about three months if we are talking about an auction process that it would take to go from initial noticing to the final auction itself. So, there is about a three month window to do that if that's the desire of the Council. Meridian City Council March 27, 2018 Page 46 of 52 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, that's my desire. But I'd like to see it done in a way that it's an open bidding, so that they can bid against each other, you know, should anybody want to make sure that they get it, as opposed to putting in what they think may be the best and, then, getting out bid and -- but that's my thoughts. I will stop talking and hear what everyone else has to say so I can know whether this is even a viable option or if everybody wants RFP style. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: For clarification to -- I think for the rest of the Council is -- while I continue to be very resistant to this RFP process, I think it's important to support letting that process play through. At the conclusion of it, if the Council isn't satisfied with the RFP proposal that the scoring committee ranked the highest, we don't feel it's what's best for our community, we aren't obligated to follow through. So, if -- if the RFP is for a big blue building and Council Member Cavener wanted a big red building and we can -- we can throw the whole process out -- or purple -- and, then, sell it on the auction block if that's deemed the most appropriate response from -- from this committee. So, I think it is important for our citizens that we include both downtown stakeholders and I think MDC members are downtown people, I think our City Council are downtown stakeholders as well, but finding some other people that maybe aren't associated so much with downtown, just to bring a different perspective to the applications I think would continue to be beneficial. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And I'm totally comfortable with that process, because it gives us both options and my consideration in ensuring both of them to be able to move forward was in -- you know, the request that we move forward as the -- the most interested party, as we have heard, is wanting to move forward as quickly as possible. So, I like the idea of being able to have both options still at the end of the day, but it is a significantly longer process should we choose to say no RFP. So, I guess what I'm getting to is I'd really love to have everyone's input as to whether you're comfortable with the RFP process, because if -- if there as much reservation as I have from everybody else, then, it would be much more advantageous to the -- again, the interested party that -- that we have heard from, to not waste the time of going the RFP route if -- if at the end of the day we are all like, no, this won't work anyway. Meridian City Council March 27, 2018 Page 47 of 52 Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I'm definitely supportive of the RFP process. I think even at the end, like we did the last time we did the RFP, we did not end up with anyone selected, because we had no one put in for the RFP, but we ended up with a whole lot of knowledge about what may or may not work downtown and opinions from developers all over. So, I think that we definitely need to proceed with the RFP process and, then, there is other options if either nothing happens or we don't like what happens, but I think we definitely need to go along that route first and see where that takes us, because that's -- we may be leaving options out there that could, you know, totally transform our downtown if we don't go through this process first. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Amen, sister. De Weerd: That's quotable. So, direction to legal to move forward and bring you back a proposed RFP with language and for Council to weigh in and work with the MDC council, Mr. Lakey as well. Nary: Madam Mayor, Members of the Council, I guess what I would like to do is work with Madam Mayor, maybe Councilman Cavener, if another council member wants to participate, in developing who specifically you would like to see on the committee and, then, we could bring that back to you in a couple of weeks and, then, if that is acceptable then -- I mean at the same time Mr. Lakey and Mr. Vallegas from their office was going to be working on some draft language, but Mr. Watts' advice was you really would like the committee to own that to make them feel that they had some ownership in the criteria, so if we can establish the committee and, then, we work through the criteria, I think the language will really be the easy part of the RFP. I think it's the criteria that we think are the most critical needs or wants for this RFP and so if -- if the Council's okay I'd like to come back in two weeks with some recommendations for the committee members, so that we can keep this on track. De Weerd: Okay. I think we probably could come back next week. Nary: Okay. Yeah. Next week is fine. De Weerd: Okay. Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Meridian City Council March 27, 2018 Page 48 of 52 Cavener: I think to that point for -- for all of Council, if you have got either suggested names or suggested agencies that we would maybe want to consider for representation on this committee, to either send those to either myself or the Mayor or Bill or all of us, just so we can make sure that they are at least considered before we would bring back to the Council to ultimately approve. D. Bower Street Facility Discussion De Weerd: Okay. Very good. Okay. 10-D is the Bower Street facility discussion. This was requested to put on. Again, we are looking at city-owned properties and whether they are in use or not and if they -- as Mr. Nary said, they need to be determined that there is no use. Since we have started that discussion we have pulled some information together, but there has been a recent discussion in city employee parking and fleet vehicles and so at this point I would like to spend a little bit more time further vetting if there is a need for this property or not in light of some of the additional parking demands that we are starting to feel in our city employee parking lots and, then, we can bring this further back if that works with Council. I didn't want to not have this discussion. We want to make sure that we can bring relevant information. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Is the building itself being used for anything? Is it storage? De Weerd: We were using it for some police storage and -- but the parking area itself is available for -- for additional parking needs. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: That sounds great if we have a use for it I would love to use it. I just think it's an eye sore and don't like it sitting there, I'd rather the private sector own it if we are just kind of casually using it because there is some space there. So, I would love it if we had a date that it was on a future agenda. De Weerd: Okay. Palmer: That's up to you. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council March 27, 2018 Page 49 of 52 Borton: How about a month? Like the month of April. I will give you a month versus a date. De Weerd: I'd like to -- Borton: I just don't know what date would work. De Weerd: I think that we could probably have it on our workshop on April 10th, because I'm gone the two Tuesdays days after that. So, if we can't -- I will at least bring an update back if I don't have all the information. But I should. Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: Just for clarification, because I don't want us to set unfair expectations to you and staff. Is the conversation on the 10th going to be more about parking -- City Hall parking as a whole and, then, at a later point in time we will talk about the Bower Street building or is your plan to talk about them both together? De Weerd: I don't know. For sure we will be prepared -- what -- I think what we need to do is -- is give some solid numbers about parking spaces, number of employees, number of fleet and see what all we can park at the Bower Street property and that will determine whether we design something for the long term. If we design something for the long term and Council supports that, I think the building probably goes away. But we want to make sure that the police has other plans for the use that they have and so I can bring that back in -- I believe I can have all the information by the 10th and if I can't I will update you and, then, we will do it in May. Does that make sense? Cavener: Madam Mayor, it does. De Weerd: Okay. Cavener: And I guess just one person's perspective is I'd like us to take a look at parking as a whole versus how much parking we can fit at the Bower Street building. I think those are two separate conversations and both what our parking availability is today versus where we project that will go and so that's where my question was, is this a conversation about parking or a conversation about parking at Bower. De Weerd: I think when we have the conversation we need to look long term. Anything further? Borton: Madam Mayor, nothing for -- De Weerd: Mr. Borton. Meridian City Council March 27, 2018 Page 50 of 52 Borton: -- than there was a very well versed memo on this topic. It was brief. It was on point. Bernt: It was very -- it was very wonderful. Borton: I just was hoping somebody would cite it. Thought it was really good. But we can move on. De Weerd: You want me to read it into the record? Borton: No, it's too late now. It's awkward. E. Mayor's Office: Resolution No. 18-2067: A Resolution Of The Mayor And Council Of The City Of Meridian, Idaho Adopting Amendments To The City Of Meridian Strategic Plan De Weerd: Okay. If there is nothing further, Council, Item 10-E is Resolution 18-2067. You have both -- both the clean version in the resolution, as well as the red lined, so you could see the changes as proposed. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there is no discussion I would move that we approved Resolution No. 18- 2067. Bernt: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll on approving Resolution 18-2067. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Ordinances A. Ordinance No. 18-1767: Kobe/Cope H-2017-0157 An Ordinance of the City of Meridian granting the rezone of a parcel of Land being a portion of the W ½ of the SW ¼ of the SW ¼ of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in the attached Exhibit Meridian City Council March 27, 2018 Page 51 of 52 “A”; Establishing and Determining the Land Use Zoning Classification of Said Lands from C-G (General Retail and Service Commercial) to I-L (Light Industrial District) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. De Weerd: Item 11-A is Ordinance 18-1767. Mr. Clerk, will you, please, read this by title only. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1767, an ordinance File H-2017-0157, Kobe/Cope, for the rezone of a parcel of land being a portion of the W ½ of the SW ¼ of the SW ¼ of Section 8, Township 3 North, Range 1 East, Boise meridian, City of Meridian, Ada county, Idaho, establishing and determining the land use zoning classification from C-G, General Retail and Service Commercial Zoning District, to I-L, Light Industrial Zoning District, in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing for an effective date. De Weerd: Okay. You have heard the reading of this ordinance. I don't see anyone who would like to hear it read. Do I have a motion from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 18-1765 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 11-A. If there is no discussion, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 12: Future Meeting Topics Meridian City Council March 27, 2018 Page 52 of 52 De Weerd: Item 12 under Future Meeting Topics. I -- anything under this item? I do have a couple of events. You have Easter egg hunts on Saturday. One of the biggest ones is at Kleiner Park from 10:00 to 3:00 and that's by Capital Church and Meridian Optimist has their annual Easter egg hunt at Meridian Elementary. That begins at 11:00 and it lasts 15 minutes. If you have ever been to it you know why it goes so fast. Five Mile Creek H-2 segment, the ribbon cutting is Wednesday, April 4th, at 4:00 o'clock. Bring your bikes if you want to experience the ride. And Do The Right is Thursday, April 5th all day long. All day you have to be kind to the person to your right. Okay. I can do it. And, you know, if you really want to you can turn around and do it on your other right, too. Borton: Madam Mayor? De Weerd: If you don't want to do the right, do the left. Do -- just be kind. Mr. Borton. Borton: Just Future Meeting Topics. A heads up on the -- the agenda for the next couple of weeks. Next Tuesday is Costco Tuesday and, then, the workshop is getting chock full of stuff. So, as a heads up the workshop we are going to have an MDC annual report, the New Ventures Lab quarterly report, our Finance Department annual report. IT annual report. Clerk's office annual report part two continued and added to that will be the Bower Street discussion and findings and line back follow up. So, busy workshop in a couple of weeks. Item 13: Amend onto agenda: Executive Session per Idaho State Code 74-206(1)(a): To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. De Weerd: Thank you. Okay. Item 13 is Executive Session. Do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move that we go into Executive Session pursuant to Idaho State Code 74- 206(1)(a). Cavener: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. Meridian City Council March 27, 2018 Page 53 of 52 De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:26 p.m. to 9:15 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Milam: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Milam: So moved. Little Roberts: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:16 P.M. (AU DIN FILE OF THESE PROCEEDINGS) LI 1 ) L� l �/ R J Oe`�)g-ktn ATE APPROVED councoWesiden- - Pt�p AUGUST,' ATTEST: -S C. JAY COLE CITY LERK 0 � ,� IDIAN� E 1C,%"0 Y w ti SEAL ,,e/ of the County, I daho, as described in the attached E xhibit “A”; Establishing and D etermining the L and Use Zoning Classif ication of S aid L ands f rom C-G (G eneral R etail and Service C ommercial) to I -L (L ight I ndustrial District) in the Meridian City C ode; P roviding that C opies of this O rdinance S hall be F iled with the Ada C ounty A ssessor, the A da County R ecorder, and the I daho S tate Tax C ommission, as R equired by L aw; and P roviding f or a S ummary of the O rdinance; and Providing f or a Waiver of the R eading R ules; and P roviding f or A n E ffective Date. Approved 12. F utur e M eeting Topics 13. Amend onto agenda: Executive Session per Idaho State Code 74-206(1)(a): To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Into Executive Session at 8:26pm Out of Executive Session at 9:15pm Adjourned at 9:16pm All materials presented at public meetings shall bec ome property of the C ity of Meridian. Anyone desiring accommodation for disabilities related to doc uments and/or hearing, please c ontac t the C ity Clerk's Offic e at 888-4433 at least 48 hour s pr ior to the public meeting. City Council Meeting Meeting Date: January 2, 2018 Agenda Item Number: 5 Project/File Number: Item Title: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Meeting Notes CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN -IN SHEET Date: March 27, 2018 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 j Provide Description of Discussion Topic City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 6A Project/File Number: Item Title: Approve Minutes of March 13, 2018 City Council Workshop Meeting Meetina Notes c✓ APPROVED Meridian City Council Workshop March 13, 2018 Page 61 of 62 to us is I know you don't want to hear this from us, but embrace your entertainment. You have phenomenal entertainment. You know, we just -- at the Mayor's State of the City you talked about Wahooz and how the park are doing. They said go after -- you know, you have a couple more places on 84. You have got this half a billion dollar shopping center. You have the race track. You have all these things that really are great destination for families. So, they were suggesting going after those types of -- like Bass Pro, you know, those big types of stores. But not only that, on our wish list is some of those big golfing organizations or, you know, kind of like the Big AI's, but specialize in golf. So, we are working with a couple of developers right now to put together a lot of information and if you go to the strategic plan, I have attached some of our videos for tourism. So, it's also just -- that's a big part of it, too. A lot of those places want a million people, but with our tourism we are hitting that every year. So, we are working on some things and so there is probably some things that I'm going to call all you guys, you know, to be a part of that, because I think that they would really love to see just our diverse Council, the Council Members as part of that. So, I will keep you posted. De Weerd: Okay. Thank you. Sherwood: Anything else? De Weerd: Thank you, Brenda. Sherwood: All right. Thank you. Have good night. Item 9: Future Meeting Topics De Weerd: Okay. Council, I guess in light of our next meeting lined up outside, I would entertain a motion to adjourn. Milam: So moved. Little Roberts: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:20 P.M. (AU RECORDING ON FI THESE PROCEEDINGS) %, 3 C-�"-7 )91 � MAYO A MY DE WEERD DATE APPROVED Meridian City Council Workshop March 13, 2018 Page 62 of 62 ATTEST: C. JAY COL City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 6B Project/File Number: Item Title: Fall Creek Meadows Sanitary Sewer Easement Meetina Notes rte✓ APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-027679 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 03/29/2018 08:21 AM CITY OF MERIDIAN, IDAHO NO FEE day of rfl — ;the THIS INDENTURE, made this e —ad, 20 1� between Toll ID 1, LLC 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: 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 making 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 - Fa(10-reelL Headot,)--, REV. 08/15/16 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 7 0 o f 4 9 3 GRANTEE: CITY OF MERIDIAN k-oies, t-iry k,ieric Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) � LPJEDAVGG / City o Ew IDIANt— IpAHo V67/ ;�o/� On this 0' day of M af-&A , 20 1 �) , before me, the undersigned, a Notaty 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 1,E r • NOTARY PUBLIC FOR AHO p� U OT���,(; ) Residing at: " M OJl..tAL0-y, �Ol Qhc7 Commission Expires: .• �,. �°tIBLtG• i' 19 W 016 Q� '••.....••' Sewer Main Easement REV. 08/15/16 Fall CrPei; mead+ M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 7 2 o f 4 9 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 7 3 o f 4 9 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 7 4 o f 4 9 3 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 6C Project/File Number: Item Title: Oxygen Sub No 1 Water Main Easement Meeting Notes ADA COUNTY RECORDER Christopher D. Rich 2018-027682 BOISE IDAHO l BONNIE OBERBILLIG 03/29/2018 08:22 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASE' ME' NT THIS INDENTURE, made this a day of Fiwh, 201?) between -:79M-f-5 the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second pail, 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: Fill"! 111111 lill!'111i ii♦11111 1111ilil'11 ��i ill � I i,11:iii� So 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 ofthe GRANTEE, with the five 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 shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement REV. 08/15/16,doe M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 7 7 o f 4 9 3 GRANTEE: CITY OF MERIDIAN Tam e , Mayor Att t by C. ay Coles, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) QOV,p,SED AUGUST 41 �� cilyur w CAVI E IDIAN+ - IDAHO \z� SEAL ') �/ a-� /'wg On this ar day of I"` Ck-y-CV-1 , 20 1e , 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Water Main Easement REV. 08/15/16.doe OKggw at b r�.i •� AT� • NOTARY PUBLIC FOR IDAHO : �y, �p,R Y '� Residing at: "Y I l oil L&CAJ), jAinko �Z Commission Expires: 3-a2 aoaa . 0. �•. STA`I'D, .•• Water Main Easement REV. 08/15/16.doe OKggw at b r�.i Project No.: 4149 Date: March 8, 2018 TEALEY'S LAND SURVEYING 12594 W. Explorer Dr., Suite 150, Boise, Idaho, 83713 EXHIBIT "A" (208) 385-0636 Fax (208) 385-0696 DESCRIPTION OF WATER MAIN EASEMENT FOR JAMES A KISSLER, LLC (OXYGEN SUBDIVISION No. 1) A parcel of land situated in the SW 1/4 of the SW 1/4 of Section 16, T.3N., RAE., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southwest comer of said Section 16, marked by a brass cap; thence along the South line of said Section 16 South 89°22'54" East 1332.54 feet to the Southeast corner of said SW 1/4 of the SW 114; thence along the East line of said SW 1/4 of the SW 1/4 North 00031'36" West 1326.92 feet to the Northeast corner of said SW 1/4 of the SW 1/4, marked by an iron pin; thence along the North line of said SW 1/4 of the SW 1/4 North 89023'14" West 136.32 feet to the Northwest corner of a Meridian Water Main Easement, Instrument No. 2017-048186, which point is the POINT OF BEGINNING; thence along the West line of said Easement and the extended West line of said easement South 00°36'46" West 22.00 feet to a point; thence along a line that is parallel with said North line North 89°23'14" West 965.53 feet to a point on the East right-of-way line of S. Rackham Way; thence along said East right-of-way line North 08045'07" East 22.22 feet to a point on said North line of the SW 1/4 of the SW 1/4; thence along said North line South 89023'14" East 962.39 feet to the POINT OF BEGINNING. Said Parcel Contains 21,207 Square Feet, more or less. 4149-Water-Ease-4-Desc.docx - dnm I I I I I I w hdM 3NO1Sd3A-11S I I I I I m N Im N m m O \ Wp� 0 Q IL.1 3 I m N a Z N Cn Z _ w 3 m E-4 z W cn Q U 2' Q � O \ v i*i m ��j�l--i- v W o w W o rn %b N O, N LLI (n Nd = ,� rn ao Z— — ---- m ���------------�Z6'9ZE1---- co (n M ��9E�IEo00 N ----, m N � z N N m l � m `'� ID \ U I m Z H z AVIA 3NO1S213A�IS \ j w 1 3 Z V7 � Z I_ D V O m U d \ I flo Z ow 3 I m0 mo N Z o w o I cn w 3 LL I I Z .D woo Z N C,� I �w WCOUU Z I F- Z E ZT5w i I (n U ¢ I pcA o O w¢ I W d 2 Ln amw i w0 w j O I ID N Q oY 3 N w z mpppo - � y; N o o w i w _ m I I I I I I w e I I I I I m N Im N m m O \ Wp� 0 Q IL.1 3 I m 1 a Z N Cn Z _ w 3 m E-4 z W cn Q U 2' Q � O \ v i*i m ��j�l--i- v W o w W o rn %b N O, N LLI (n Nd = ti O rn ao CO Q O W N co (n z N � z N N i l 00•?g N Z N I m r W II � — I U U 0 10 w EIU O N Wa N N O O \ Wp� 0 Q IL.1 3 I 1 a Z N Cn Z _ Z3 m E-4 m cl U 2' Q � O \ Q I� ��j�l--i- v W o w t` 00•?g N Z N I m r W II � — I U U 0 10 vi o Z - _ Nd - ���dM WbH b�,d3�� i _ N si� Ala (WH 31OV3 S69ZEI M XMV.00 N O N EIU Wa N Y O E Wp� 0 Q IL.1 W7 W in o a Z N Cn Z Z W ti.lmd, •=O m E-4 m cl {� d+ZO:Mo3�p Q W (f) 7< O Q I� ��j�l--i- v W o w G H Z £ O w i W O LLI Q (31 > N � n1 N N Z � m I � j O V7 V LZL1 m0 mo � a vi o Z - _ Nd - ���dM WbH b�,d3�� i _ N si� Ala (WH 31OV3 S69ZEI M XMV.00 N O N EIU Wa N Y O E Wp� 0 Q W7 W in o a Z N Cn Z _ W ti.lmd, •=O m E-4 m cl {� d+ZO:Mo3�p m W (f) 7< O Q ��j�l--i- v W o w G H Z £ O w i W O i Q (31 v City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 6D Project/File Number: Item Title: Oxygen Sub Sanitary Sewer Easement #1 for Norco Building Meetinq Notes rte✓ APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-027684 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/29/2018 08:24 AM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENTURE, made this &VL day of OU, 20 \b between 19 1�"5 the parties of the first pail, 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: 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 making 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 0�� 9.�b 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. GRANT lex Presi nt Sd e,� Ori J Address, Secretary STATE OF IDAHO ) ) ss County of Ada ) On this _ day of /� /'L , 20 1 before me, t�e/ andyrsi�ned, a Notary Public in and for said State, personally appeared /%%Y1 � (' '/ ll'( /� 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 fist above written. KINDEL JO DE LEON Notary Public State of Idaho Sewer Main Easement 1 -7A --J ARY PUBLIC FOR ID HO siding at: j� / .W mmission Expires: V d2 - REV. 08/15i16 GRANTEE: CITY OF MERIDIAN Tammy de ee , Mayor Ast by C'Coles, City Clerk V D-11 ' l8 Approved By City Council On O�Q0 p,TEDAUG,sT V � C icy gr E IDIAN�. -4 IDAHO k � SEAL/ STATE OF IDAHO ) ) SS County of Ada ) On this d, day of �AOX-Ch , 20 ,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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •••$among, .• Z,EN�'•. NOTARY PUBLIC FOR IDAHO --- • OTq Residing at:��I� A Commission Expires:3 • • 91 OF-�q�' •• Sewer Main Easement REV, 08/15/16 Oxen 3wno L)Wa D ZE--1 :z C:) w LL ww z F— ZS I- m z 0 LL 0 Z 00 J', '0Z3 co W 11 ca:3 3 W U rY1U) UW mZ z Ln w��vZ o 00 V 0 pq 00 Z rl- 0 0m 0 O Nz ,?6'9ZC1 A �9ede.00 N w co w�-CO W U) < ,LO'19Z � 0 co 31 NZ 13 -S.9-S.9-m 1 0 �J Nt 10 D- to w w m M 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 8 5 o f 4 9 3 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 6E Project/File Number: Item Title: Oxygen Sub Sanitary Sewer and Water Main Easement #2 for Norco Building Meeting Notes rte✓ APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-027683 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/29/2018 08:22 AM CITY OF MERIDIAN, IDAHO NO FEE FEET I I -t- L-C� Alp q -the THIS INDENTURE, made this d11— day ofj��, 20�Lbetween J 4 r- [ parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the patty of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the promises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 casement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and 13) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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 casement 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 or performing other maintenance, Grantee shall restore the area of the casement 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 Sanitary Sewer and Water Main Easement REV. 08/15/16 0 K Ten W) - i M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 8 9 o f 4 9 3 GRANTEE: CITY OF MERIDIAN Tammy de)N'egfd, Mayor 20111-1 AUGvsT' 0 w 2 City of E ID�O IDAHO SEAL Aaji, by C,* Coles, City Clerk Approved By City Council On: �( STATE OF IDAHO, ) . ss. County of Ada ) On this A 9'�l day of Qr , 20L, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,VARA 9� ; ••...sees• NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: 3- Q�2 Sanitary Sewer and Water Main Easement REV. 08/15/16 T TEALEY'S LAND SURVEYING Project No.: 4149 Date: September 5, 2017 Rev: 3/20/18 DESCRIPTION OF SANITARY SEWER & WATER MAIN EASEMENT FOR JAMES A KISSLER, LLC (NORCO BUILDING) 12594 W. Explorer Dr., Suite 150, Boise, Idaho, 83713 (208) 385-0636 Fax (208) 385-0696 EXHIBIT "A" A parcel of land situated in the SW 1/4 of the SW 1/4 of Section 16, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southwest corner of said Section 16, marked by a brass cap; thence along the South line of said Section 16 South 89°22'54" East 1332.54 feet to the Southeast corner of said SW 1/4 of the SW 1/4; thence along the East line of said SW 1/4 of the SW 1/4 North 00°31'36" West 936.64 feet to a point; thence leaving said East line South 89028'00" West 115.74 feet to a point on the West line of a Meridian Sanitary Sewer and Water Main Easement, Instrument No. 2017-04184, which point is the POINT OF BEGINNING; thence along said West line South 00°32'00" East 8.65 feet to a point; thence continuing South 89°38'35" West 8.37 feet to a point; thence continuing South 00°32100" East 13.37 to a point; thence continuing at right angles South 89°28'00" West 16.01 feet to a point; thence continuing at right angles South 00°32'00" East 20.00 feet to the Southwest corner of said easement; thence leaving said easement South 89'28'00" West 246.01 feet to a point; thence at right angles South 00°32'00" East 7.00 feet to a point; thence at right angles South 89°28'00" West 20.00 feet to a point; thence at right angles North 00°32'00" West 7.00 feet to a point; thence at right angles South 89'28'00" West 41.52 feet to a point; thence at right angles North 00032'00" West 30.00 feet to a point; thence at right angles North 89028'00" East 316.91 feet to a point; thence at right angles North 00'32'00" West 12.00 feet to a point; thence at right angles North 89°28'00" East 15.00 feet to the POINT OF BEGINNING. Said Parcel Contains 9,678 Square Feet, more or less. 4149-Sewer-Water-Ease-Desc.docx - dnm U `D P4 a o E� U 2 QI W w p a �ofr az��:mz E -+W ►--i W � °° u3i - o � - � of o M z�U1oF=w� 3Z w Cacn 0 P4 nw. ,t P4 r ~ £ to m `I O Z CO O a o Fwd' f� ¢ < :r% w z(nr ¢ ¢ O (n w N Z6'9ZE1 M ,gEde.00 N I — — mt-�� wj s.s NSI s.e z u� 7� J 0 \ U I I In 3 W J J O z I I � � F -Z J IT z�v z D J i ii O W � d m i...•;• W °� N i....i.... Quo: W 3/ 0 00 N � m0 om 0 z 0 0 �NP�j PiP v: i ��ViO is s i � N - om o 1" o 0 00 co co • N i i , i 3 - O 3 oN N0 O N z co I . •Stigma,co N J N W 41 3 w 3 w 3» 3/ 0 00 N � m0 om 0 z 0 0 �NP�j PiP v: i ��ViO is s i � N - om o 1" o 0 00 co co • N i i , i 3 - O 3 oN N0 O N z co N J W w 3 w 3 w 3» —i 0000000 II¢'] Z Z om00000 Q' N 00 N m N N co F- ammmNmmov Lil W omoa,00m Z m o w o co o o co J U) (n z W N m V M ID (- zTllllll J J J J J J J J City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 6F Project/File Number: Item Title: Release of Utility Easement Meeting Notes 9 APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-027685 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/29/2018 08:24 AM CITY OF MERIDIAN, IDAHO NO FEE RELEASE OF UTILITY EASEMENT GRANTEE: CITY OF MERIDIAN (Successor in Interest to Meridian Heights Water and Sewer District) GRANTOR: Merle and Laverne Hansen WHEREAS, by easement dated July 24, 2009 and recorded as Instrument Number 109120329 in the Records of Ada County, State of Idaho, an easement was granted to the Meridian Heights Water and Sewer District for the construction, operation and maintenance of a water line over and across the real property legally described in Exhibit A, and a sanitary sewer line over and across the real property legally described in Exhibit B, attached hereto and incorporated herein. WHEREAS, the continuance of this easement is no longer necessary or desirable because development plans require relocation of the easement. A separate easement that identifies the new location has been or will be recorded and will not be affected by this release. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duty authorized this 27 day of March, 2018, CITY OF MERIDIAN am AT STATE OF IDAHO ss County of Ada On this day of March, 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. "S" a sign 0, (SEAI.,�".-000 W 00 00 C) 0 pow Eha&r& Notary Public for Idaho U Residing at: qnadJ ) m Commission expires:. - a$ ` aca22- r PACIFIC LAND SURVEYORS 290 North Maple Grove Road. Boise, ID 83704 (208) 378-6380 FAX (208) 378 0025 PROJECT: 143071 'DATE: June 13, 1995 EXHIBIT "A" A 9 -FOOT WATER EASEMENT LOCATED IN A PORTION OF THE NW 1/4 OF THE NE 1/4 SECTION 25 ' T.3N,, R- 1 W., B.M. ADA COUNTY, IDAHO A parcel of land being a portion of the NW 1/4 of the NE 1/4, Section 25, T.3N., P, IW., B.M., Ada County, Idaho and -more particularly described as follows: Beginning at an aluminum cap marking the Northeast corner of the NW 1/4 of the NE 1/4, Section 25, T.3N., R. 1W., B.M., Ada County, Idaho; thence along the Northerly boundary of said NW 1/4 of the NE 1/4, Section 25, North 89°43'10" West 1319.73 feet to a iron pin marking the Northwest comer of said NW 1/4 of the NE 1/4; thence leaving said Northerly boundary and along the Westerly boundary of said NW. 1/4 of the NE 1/4, Souih 00°05'51" West 505.26 feet to an iron pin; thence leaving said Westerly boundary, North 61014'19" East 24.12 feet to an iron pin; thence North 84°23'51" East 128.00 feet to an iron pin; thence South 88°28'51" East 183.15 feet to an iron pin; thence South 7846'31" East 375.27 feet to an iron pin; thence South 7°03'15" East 772.93 feetto a point, said point being the REAL POINT OF BEGINNING; thence South 89°44'41" East 524.08 feet to a point marking the Easterly boundary of the NW 1/4 of the NE 1/4; thence along the Easterly boundary of the NW 1/4 of the NE 1/4, North 00104'50" East 9.00 feet to a point; thence leaving said Easterly boundary, North 89°44'41" West 525.21 feet to a point; thence South 703'15" East 9.07 feet to the point of beginning, comprising .12 acres, more or less. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation 1112812014 8:46 AM SUBJECT TO: i All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. FMCWE Prepared by: ig Land Surveyors John T. P.L.S. 0 11/2812014 8:46 AM PACIFIC LAND SURVEYORS 290 North AL Maple Grove Road Boise, ID 83744 (208) 378-6380 FAX (208) 378-0025 PROJECT: 143071 DATE: June 13, 1995 EXHIBIT "B" A 20 -FOOT PERMANENT SEWER EASEMENT LOCATED IN A PORTION OF THE NW 1/4 OF THE NE 1/4 SECTION 25 ' T.3N., RAW., B.M. ADA COUNTY, IDAHO A 20 -foot sewer easement being a portion of the NW 1/4 of the NE 1/4, Section 25, T.3N., R. 1W., B.M., Ada County, Idaho and more particularly described as follows: Beginning at an aluminum cap marking the Northeast comer of the NW 1/4 of the NE 1/4, Section 25, T.3N., R.1W., B.M„ Ada County, Idaho; thence along the Northerly boundary of said NW 1/4 of the NE 1/4, Section 25, North 89°43'10" West 1319.73 feet to a iron pin marking the Northwest corner of said NW 1/4 of the NE 1/4; thence leaving said Northerly boundary and along the Westerly boundary of said NW 1/4 of the NE 1/4, South 00°05'51" West 505.26 feet to an iron pin; thence leaving said Westerly boundary, North 61014'19" East 24.12 feet to an. iron pin, thence North 84°23'51" East 128.00 feet to'an iron pin; thence South 88°28'51" East 183.15 feet to an iron pin; thence South 78°46'31"'East 375.27 feet to an iron pin; thence South 7°03' 15" East 223.87 feet to a point, said point being the REAL POINT OF BEGINNING; thence along the centerline of a 20 -foot permanent sewer easement, said easement lying 10 feet left and right of the following described line; thence North 82028'54" East 281.00 feet to a point; thence South 14'02'15" East 251.78 feet to a point, thence South 30°20'23" East 201.96 feet to the point, thence North 76°48'07" East 10.72 feet to the point of terminus. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation 1112812014 8:46 AM i SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. JTE/CWE Prepared by: John T. (Tom) Eddy, P.L.S. 1112812014 0:46 AM City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 6G Project/File Number: Item Title: Findings of Fact, Conclusions of Law for Hickory Apartments (H2O17- 0165) by Midway Investments, LLC Located at 1789 North Hickory Way Meetinq Notes c✓i APPROVES FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR REZONE AND CONDITIONAL USE PERMIT. HICKORY APARTMENTS Case No. H-2017-0165 PAGE 1 OF 4 BEFORE THE MERIDIAN CITY COUNCIL C/C 03-6-18 IN THE MATTER OF THE REQUEST ) Case No. H-2017-0165 FOR A CONDITIONAL USE PERMIT ) FOR A MULTI-FAMILY DEVELOPMENT) CONSISTING OF 40 DWELLING UNITS ) ON APPROXIMATELY 1.97 ACRES OF ) LAND AND A REZONE OF 2.11 ACRES ) OF LAND FROM THE L-0 (LIGHT ) FINDINGS OF FACT AND INDUSTRIAL) ZONING DISTRICT TO ) CONCLUSIONS OF LAW R-40 (HIGH DENSITY RESIDENTIAL ) AND DECISION AND ZONING DISTRICT ) ORDER OF DENIAL ) FOR ) ) HICKORY APARTMENTS ) By MIDWAY INVESTMENTS, LLC ) ) APPLICANT. ) ____________________________________) The above entitled request for a conditional use permit and rezone application having come on for public hearing on March 6, 2018, at the hour of 6:00 o’clock p.m. at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Joshua Beach, Meridian Planning and Zoning Department, and Becky McKay appearing on behalf of Midway Investments, LLC, testified and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for conditional use permit and rezone was published for two (2) consecutive weeks prior to said public hearings scheduled Meridian City Council Meeting Agenda March 27, 2018 – Page 100 of 493 for March 6, 2018, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on March 6, 2018, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §11-5A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is generally located at 1789 W. Hickory Way, in the SE 1/4 of Section 5, Township 3 North, Range 1 East, Meridian, Idaho. 5. M and L Limited Partnership, LLC, whose address is 2500 E. Fairview Ave, Meridian, ID 83642, is the current property owner 6. Midway Investments, LLC, whose address is 141 N. Palmetto Ave #1087. Eagle, Idaho 83616 is the applicant. 7. The applicant, Midway Investments, LLC, has applied for a rezone (RZ) of approximately 2.11 acres of land from the L -O zoning district to the R-40 zoning districts and a conditional use permit for a multi -family residential development consisting of 40 dwelling units (3 multi -family structures) on approximately 1.97 acres. The property which is the subject of this application is within the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR REZONE AND CONDITIONAL USE PERMIT. HICKORY APARTMENTS Case No. H-2017-0165 PAGE 2 OF 4 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 (LC. §67-6503). 2. The Meridian City Council shall apply the standards listed in Idaho Code §67-6511 and Sections 11-513-3 and 11-513-6 of the Unified Development Code to review the re -zone application and the conditional use permit request. 3. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That this denial is in accordance with the attached Staff Report for the hearing date of March 6, 2018, incorporated by reference as Exhibit "A". 5. That this denial is based upon the staff, applicant, and public comments from the public hearing by the Planning and Zoning Commission from February 1, 2018 which resulted in a recommended denial. 6. This denial is based upon the staff, applicant, and public comments received on March 6, 2018 at the public hearing before the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the application for rezone is denied since the proposed application is not in the best interest of the City at this time. The applicant has failed to provide a compelling reason to change the zoning as originally proposed when the project was approved. Since the request to rezone the property has been denied, the conditional use permit is no longer needed and is therefore denied. The applicant's has right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. An affected person aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR REZONE AND CONDITIONAL USE PERMIT. HICKORY APARTMENTS Case No. H-2017-0165 PAGE 3 OF 4 remedies have been exhausted under local ordinances seek judicial review as provided by chapter 52, title 67, Idaho Code. 2018. By action of the City Council at its regular meeting held on the 2q-Mday of March, ROLL CALL: COUNCILMAN ANN LITTLE ROBERTS VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: �/ d-71 )2/g MOTION: APPROVED:_ DISAPPROVED: ED AUGUST 01v of ' C..%Vl E IDIAN MAYO MY de WEERD IDAHO ATTEST: %, SEAL TF �� Re heTREPSJ C. CO S, CITY CLERK Copy served upon Applicant, the Community Development Department, Public Works Department, and City Attorney. By:0 Dated: 8 -50 -ANE) City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR REZONE AND CONDITIONAL USE PERMIT. HICKORY APARTMENTS Case No. H-2017-0165 PAGE 4 OF 4 VOTED COUNCILMAN TREG BERNT l� COUNCILMAN JOE BORTON VOTED COUNCILMAN LUKE CAVENER VOTED COUNCILWOMAN GENESIS MILAM VOTED Ji VOTED 1 COUNCILMAN TY PALMER COUNCILMAN ANN LITTLE ROBERTS VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: �/ d-71 )2/g MOTION: APPROVED:_ DISAPPROVED: ED AUGUST 01v of ' C..%Vl E IDIAN MAYO MY de WEERD IDAHO ATTEST: %, SEAL TF �� Re heTREPSJ C. CO S, CITY CLERK Copy served upon Applicant, the Community Development Department, Public Works Department, and City Attorney. By:0 Dated: 8 -50 -ANE) City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR REZONE AND CONDITIONAL USE PERMIT. HICKORY APARTMENTS Case No. H-2017-0165 PAGE 4 OF 4 Hickory Apartments H-2017-0165 PAGE 1 STAFF REPORT HEARING DATE: March 6, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Hickory Apartments – H-2017-0165 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Midway Investments, LLC, has applied for a conditional use permit (CUP) for a multi- family development consisting of 40 dwelling units (3 multi-family structures) on approximately 1.97 acres of land and a rezone of 2.11 acres of land from the L-O zoning district to the R-40 zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP and RZ applications with the conditions of approval in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on February 1, 2018. At the public hearing, the Commission moved to recommend denial of the subject Rezone and Conditional Use Permit requests. a. Summary of Commission Public Hearing: i.In favor: Becky McKay (Applicant’s representative) ii.In opposition: Scott Tiffany, Pete Kruger, Wally Kimball, Dawn Bergheim, Shirley Moon, Bogdan, Martsenyuk, Craig Randall, Paloma Aderman, Eric Buehler, Brittany Buehler, Scott Ingraham, Dave McDonald, Bill Eames, Douglas Gregory, Clare Balkowski, John Anderson, Sean Kenny, Amelia Eells, Katie McCarney, Chris Middleton iii. Commenting: Scott Tiffany, Pete Kruger, Wally Kimball, Dawn Bergheim, Shirley Moon, Bogdan, Martsenyuk, Craig Randall, Paloma Aderman, Eric Buehler, Brittany Buehler, Scott Ingraham, Dave McDonald, Bill Eames, Douglas Gregory, Clare Balkowski, John Anderson, Sean Kenny, Amelia Eells, Katie McCarney, Chris Middleton iv. Written testimony: Shirley Moon, Wallace Kimball, Jesse Vycital v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b.Key issue(s) of Public Testimony: i.Potential for decreased property values ii.Increased traffic iii. Increased commute times iv. The appropriateness of R-40 zoning and high-density units in the area. v. Potential for increased crime in the area. vi. Whether there is there sufficient parking for the commercial businesses and the multi- family development. vii. Appropriateness of the transition of uses provided c.Key Issues of Discussion by Commission: EXHIBIT A Meridian City Council Meeting Agenda March 27, 2018 – Page 104 of 493 Hickory Apartments H-2017-0165 PAGE 2 i. Does a multi-family use provide the necessary transition to the single family residences? ii. Is a rezone appropriate for this lot? d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on March 6, 2018. At the public hearing, the Council denied the subject rezone and conditional use permit request. a. Summary of City Council Public Hearing: i. In favor: Becky McKay (applicant’s representative), Mike Fenn, Lindsay Newgard, ii. In opposition: Scott Tiffany, Amy Holladay, Colleen Proctor, Kathy Wiseman, Scott Ingraham, Linda Green, John Green, Peter Kruger, Terry Chestnut, Michael Anderson, Eleanor Anderson, Kathy Edmonson, Angela McDonald, David McDonald, Karalyn Hall, Amy Linhart, Kara Stevens, Wall Kimball, LaDell Anderson, Carolyn Flanagan, David Cook, Sally Ellsworth, Steven Hall, Kathy Jones, Craig Croner, Chris Middleton, Craig Randall, Eric Buehler, Brittany Buehler, Jesse Vycital, Galina Martinson, Bagden Martsenyuk, Shirley Moon, Bev Haringdale, Sandra Nelson, Randy Nelson, Sheryl McCormick, Jan Wheatley, Michael Kleint, Lorraine Kleint, John Anderson, Ken Griffin, Glen Griffin, Fred McCormick, Dan Kimball, Nancy Newman, Keith Feeley, Deb Skinner, John Skinner, Silveska Kyastin, Bagden Martsenyuk, Sanel Tucakoutc, Shannon Herbert, Dana Herbert, Michael Cunningham, Jeff Miller, Chuck Carlson, Britney Hall, Robert Jenkins, Sylvia Jenkins, Sara Watts, Gweneth Tyler, Collin Feeley, Meredith Fehringer, Elizabeth Voss, Curt Voss, Don Steinke, Debbie Steinke, Meredith Fehringer, Carl Malkowski, iii. Commenting: Scott Tiffany, Amy Holladay, Scott Ingraham, Peter Kruger, David McDonald, Karalyn Hall, Steven Hall, Craig Croner, Chris Middleton, Craig Randall, Brittany Buehler, Shirley Moon, Randy Nelson, Jan Wheatley, Lorraine Kleint, John Anderson, Mike Fenn, Sanel Tucakoutc, Lindsay Newgard, Dana Herbert, Michael Cunningham, Don Steinke, Meredith Fehringer, Carl Malkowski, Bogden Martsenyuk, iv. Written testimony: Jesse Vycital v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Heavy traffic through the area ii. Limited vehicular access for the surrounding area iii. Lack of parking for the proposed development iv. Lack of parking for the existing restaurant v. The appropriateness of this density in this location c. Key Issues of Discussion by Council: i. Heavy traffic ii. Lack of parking iii. Limited access iv. Lack of transition v. The density is too high di. Key Council Changes to Staff/Commission Recommendation i. None Meridian City Council Meeting Agenda March 27, 2018 – Page 105 of 493 Hickory Apartments H-2017-0165 PAGE 3 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2017-0165 as presented in the staff report for the hearing date of February 1, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2017-0165, as presented during the hearing on February 1, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0165 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 1789 N. Hickory Way, in the SE ¼ of Section 5, Township T.3N., Range 1E. B. Owner: M and L Limited Partnership, LLC 2500 E. Fairview Ave Meridian, ID 83646 C. Applicant Midway Investments, LLC 141 N. Palmetto Ave #1087 Eagle, ID 83616 D. Representative: Becky McKay Engineering Solutions 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit and a rezone which require a public hearing before the Planning and Zoning Commission, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 12, 2017 C. Radius notices mailed to properties within 300 feet on: January 5, 2018 D. Applicant posted notice on site by: January 22, 2018 VI. LAND USE A. Existing Land Use(s): The site where the multi-family development is proposed is currently vacant undeveloped land, zoned L-O. Meridian City Council Meeting Agenda March 27, 2018 – Page 106 of 493 Hickory Apartments H-2017-0165 PAGE 4 B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by developed and undeveloped commercial and residential properties, zoned RUT (Ada County), R-8, and C-G. C. History of Previous Actions: The subject property was originally annexed into the City in in 1992 as Angel Park Subdivision and granted an L-O zoning designation. In 2001, Council approved a resubdivision of Lot 1, Block 1 of Angel Park Subdivision under the name of Mallane Commercial Complex (PP-00-021). The final plat for Mallane Commercial Complex was approved in 2003 (FP-03-001). Also in 2003, Council approved a rezone for the property (RZ-03-001). Per the recorded plat, all lots within the subdivision were required to obtain CUP prior to construction commencing on the lots. D. Utilities: a) Location of sewer: Sanitary sewer service to this development shall come from existing mainlines in N. Hickory way and in the adjacent drive aisle. b) Location of water: Domestic water service to this development shall come from existing mainlines in N. Hickory way and in the adjacent drive aisle. c) Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation lateral along the east side of the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN ANALYSIS The Comprehensive Plan Future Land Use Map currently designates the subject property “Commercial.” 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 R-40 zone isn’t a typical designation for the Commercial land use however; the Future Land Use Map within the Comprehensive Plan encourages that zoning. Staff is requiring the R-40 in lieu of a commercial designation so that the zoning reflects the proposed multifamily use. The applicant is proposing 40 units on 1.97 acres. The proposed density is 20.3 units per acre. The applicant is providing 0.46 of an acre of open space, or 23.5%. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Meridian City Council Meeting Agenda March 27, 2018 – Page 107 of 493 Hickory Apartments H-2017-0165 PAGE 5 “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The proposed multi-family residential development will contribute to the variety of housing types available within this part of the City and offer rental options for 1, 2 and 3 bedroom units. “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 sewer and water services are available to be extended to the subject property with development of the site. “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) A 20-foot wide buffer is proposed along N. Hickory Way which is adjacent to the north boundary of the site. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed multi-family residential development should be compatible with existing single- family residential uses to the north and west. The area will see an increase in traffic as part of this development and as part of future developments to the south and east. The applicant has proposed a 25 foot landscape buffer adjacent to the single-family residences in the Dove Meadows Subdivision. The applicant has also proposed to install a fairly dense landscape buffer that includes 13 trees on approximately 240 feet of linear space. Additionally, the building being proposed near Dove Meadows are designated as 2-story to help minimize the impact to the adjacent single-family homes. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The applicant proposes to use existing accesses approved with the Mallane Subdivision. Per the recorded plat, there is a reciprocal cross access agreement in place for the entire complex. “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02, pg. 55) The proposed multi-family development is located near major access thoroughfares (E. Fairview Road and N. Eagle Road). “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed 1, 2 and 3 bedroom apartments will contribute to the variety of residential housing options and rental prices available within the City. “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.3. Meridian City Council Meeting Agenda March 27, 2018 – Page 108 of 493 Hickory Apartments H-2017-0165 PAGE 6 “Provide housing options close to employment and shopping centers.” (3.07.02D) This site is located near a major mobility corridor and near a major commercial area (N. Eagle Road). This area is expected to provide a large number of jobs as well as other commercial activities. “Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes.” (3.07.02O) The multi-family structures within the proposed development will be subject to the design standards in UDC 11-3A-19 and the guidelines in the Architectural Standards Manual. Further refinement to the design of these structures is required in order for the project to meet the design review requirements. “Require open space areas within all development.” (6.01.01A) This multi-family development is required to comply with UDC 11-4-3-27. The landscape plan indicates that approximately 23.5% of the development is landscaped; the site appears to meet the requirements of the UDC and to have provided the 23.5%. For the above reasons, staff believes the proposed development is consistent with the policies and goals of the Comprehensive Plan and will be an integral part of the MHDR designated area. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-8 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-40 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for multi-family dwellings is a conditional use in the R-40 zoning district. D. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-8 for the R-40 zoning district. E. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to development of this site. F. Common Open Space & Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-4-3-27C; and11-4-3-27D. G. Structure and Site Design Standards: The proposed multi-family development must comply with the design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual. H. Parking Standards: UDC 11-3C-6A requires off-street vehicle parking to be provided on the site. For one bedroom units, 1.5 vehicle parking spaces are required per dwelling unit; at least one in a covered carport or garage. For 2-3 bedroom units, 2 parking spaces; at least one in a covered carport or garage. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Meridian City Council Meeting Agenda March 27, 2018 – Page 109 of 493 Hickory Apartments H-2017-0165 PAGE 7 REZONE: The applicant has applied to rezone 2.11 acres of land from the L-O zoning district, to the R-40 zoning district. As discussed above in Section VII, staff believes the proposed zoning designation is consistent with the policies in the Comprehensive Plan. The applicant proposes to develop 40 new multi-family dwellings in 3 buildings as shown on the site plan included in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. CONDITIONAL USE PERMIT (CUP): A CUP is requested for the development of multi-family residential uses on the subject 1.97 acre property in the proposed R-40 zoning district. The UDC (Table 11-2A-2) also requires CUP approval for a multi-family development in the R-40 zoning district. The multi-family residential development is proposed to consist of 40 dwelling units within (3) 2 and 3-story structures on 1.97 acres of land. The units will consist of 1 and 2-bedrooms containing 500-800 s.f. for the 1-bedroom units and 800-1,200 s.f. for the 2-bedroom units. There are 20 1-bedroom units, and 20 2-bedroom units. The applicant is proposing a play structure, a plaza and some yard art as amenities for the subdivision. Staff is recommending that the applicant replace the yard art with a covered seating area near the play structure. Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics) A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. This property is proposed to be zoned R-40 so all buildings must be setback along the perimeter a minimum of 12-feet. Private useable open space in accord with UDC standards is proposed for each unit in the form of private patios and balconies. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the developmen t at an entrance or convenient location for those entering the development. Prior to the Planning and Zoning Commission hearing, the applicant shall provide details of the above mentioned items, and shall relocate the directory near the entrance of the development. At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. All of the proposed units contain between 500 and 1,200 square feet of living area. Therefore, a minimum of 10,000 s.f. (or 0.229 of an acre) of common open space is required to be provided for the development. Common open space is required to be a minimum of 400 s.f. in area with a minimum length and width dimension of 20 feet. The applicant has not provided a calculation table indicating the area included in the required open space calculation. Prior to the Commission meeting, the applicant should submit a detailed plan with calculations demonstrating compliance with this standard. Landscaping is required to comply with UDC 11-4-3-27-E. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at Meridian City Council Meeting Agenda March 27, 2018 – Page 110 of 493 Hickory Apartments H-2017-0165 PAGE 8 least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plants. The landscape plan appears to comply with this requirement. The plan(s) submitted with the Certificate of Zoning Compliance for the structures that face N. Hickory Way should comply with this requirement. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement with the first Certificate of Zoning Compliance application. Parking: Off-street vehicle parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6. For multi-family developments, parking standards are based on the number of bedrooms per unit – 1-bedroom units require 1.5 spaces per unit with at least one of those in a covered carport or garage and 2-bedroom units require 2 spaces per unit with at least one of those in a covered carport or garage. For commercial development, one space is required for every 500 s.f. of gross floor area. The final count of the 1 and 2-bedroom units is as follows: 1-bedroom units: 20 Parking stalls required: 30 2-bedroom units: 20 Parking stalls required: 40 The total number of parking spaces required for the overall development is 70. The applicant has proposed to provide 77 parking spaces, which meets the requirements of the UDC. The applicant is also proposing 40 covered stalls for the development, which also meets the requirements of the UDC. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 77 vehicle spaces proposed to be provided on the site, a minimum of 4 bicycle spaces are required. The applicant proposes a total of 4 bicycle parking spaces in bicycle racks dispersed throughout the site in compliance with this requirement. Landscaping: Street buffer landscaping along N. Hickory Way is required as set forth in UDC Table 11-2B-3. Landscaping is required to be installed within the street buffer in accord with the standards listed in UDC 11-3B-7C with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. The applicant is responsible for protecting the existing landscaping along Hickory Way during construction. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11 - 3B-8C. The landscaping plan shall be revised to include parking islands at the end of each parking aisle in accord with UDC11-3B-8C. The existing landscape plan is missing 6 interior landscape buffers that will impact 4 parking spaces that are currently proposed. The elimination of these stall will not make the site non-compliant with code, but it is a concern with the limited number of parking spaces for the development and the inability of residents to park along Hickory Way or in the adjacent commercial development. Parking could be increase either by the installation of more parking stalls, or by eliminating units. Staff is of the opinion that the development should reduce the number of units to 36 in order to Meridian City Council Meeting Agenda March 27, 2018 – Page 111 of 493 Hickory Apartments H-2017-0165 PAGE 9 provide sufficient parking for the development. The additional eight parking stall will help lessen the concern about the lack of parking in the surrounding area. Sidewalks: A 5-foot wide detached sidewalk exists along N. Hickory Way, per UDC 11-3A-17. Additionally, all sidewalks around buildings shall be a minimum of five feet in width. Access: The applicant is proposing one access from N. Hickory Way for the development. As previously mentioned the development has cross-access to the adjacent commercial development to the south and has connectivity to E. Fairview Avenue. Fencing: Any fencing proposed to be constructed on the site shall comply with the standards listed in UDC 11-3A-7. Trash Enclosures: Trash enclosures (and other service functions) are required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be provided in these areas in accord with UDC 11 -3A- 12B. One trash enclosure is depicted on the site. The enclosure and location should be approved by Bob Olson, Republic Services. Republic Services has indicated that one additional trash enclosure will be required for the site. This will impact the site design. Prior to the Planning and Zoning Commission hearing, the applicant shall provide a site plan showing one additional trash enclosure. A detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s).The trash enclosures shall also accommodate recycling containers. Building Elevations: The conceptual elevations included in Exhibit A.4 incorporate architectural features designed to provide articulation and variety such as windows, and offsetting walls. The main entrances should be designed as focal points of the buildings through architectural treatments and lighting and should provide weather protection. Roof forms should be distinctive and include variety and detail when viewed from the street – sloped roofs shall have a significant pitch and flat roofs should include distinctive cornice treatments. Building materials are proposed to consist of hardiboard, metal, and stucco. Prior to submission of a Certificate of Zoning Compliance, the applicant shall provide details of the carports. All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures or by other suitable means. Administrative design review is required with the Certificate of Zoning Compliance application(s) to ensure final design of structures comply with this requirement and the design review standards and guidelines in effect at the time of development. Building elevations were submitted for the multi-family structures (see Exhibit A.4). No building elevations were submitted for the carports. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. All structures built on the site are required to comply with the City’s design standards. Meridian City Council Meeting Agenda March 27, 2018 – Page 112 of 493 Hickory Apartments H-2017-0165 PAGE 10 Council made the finding that the rezone and conditional use permit application were not in the best interest of the city due to the lack of transition, lack of parking and due to the high density proposed for the development and denied the applications. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Site Plan 3. Proposed Landscape Plan 4. Proposed Building Elevations 5. Rezone legal description and Exhibit Map B. Conditions of Approval C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda March 27, 2018 – Page 113 of 493 Hickory Apartments H-2017-0165 PAGE 11 Exhibit A.1: Vicinity Map Meridian City Council Meeting Agenda March 27, 2018 – Page 114 of 493 Hickory Apartments H-2017-0165 PAGE 12 Exhibit A.2: Proposed Site Plan Meridian City Council Meeting Agenda March 27, 2018 – Page 115 of 493 Hickory Apartments H-2017-0165 PAGE 13 Exhibit A.3: Proposed Landscape Plan Meridian City Council Meeting Agenda March 27, 2018 – Page 116 of 493 Hickory Apartments H-2017-0165 PAGE 14 Meridian City Council Meeting Agenda March 27, 2018 – Page 117 of 493 Hickory Apartments H-2017-0165 PAGE 15 Exhibit A.4: Proposed Building Elevations Meridian City Council Meeting Agenda March 27, 2018 – Page 118 of 493 Hickory Apartments H-2017-0165 PAGE 16 Meridian City Council Meeting Agenda March 27, 2018 – Page 119 of 493 Hickory Apartments H-2017-0165 PAGE 17 Exhibit A.5: Rezone legal description and Exhibit Map Meridian City Council Meeting Agenda March 27, 2018 – Page 120 of 493 Hickory Apartments H-2017-0165 PAGE 18 Meridian City Council Meeting Agenda March 27, 2018 – Page 121 of 493 Hickory Apartments H-2017-0165 PAGE 19 B. Conditions of Approval 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 The applicant shall meet all terms of the approved annexation for Angel Park Subdivision, rezone (RZ-03-001) and preliminary plat (PP-00-021) for this site. 1.1.2 Development of the site shall substantially comply with the conceptual site plan included in Exhibit A (as attached), the design standards listed in UDC 11- 3A-19 and the guidelines contained in the City of Meridian Design Manual or any updated version thereof in effect at the time of development. 1.1.3 All future development shall comply with the dimensional standards for the R- 40 zoning district contained in UDC Table 11-2A-7 as applicable. 1.1.4 The developer shall comply with all ACHD conditions of approval associated with development of this site. 1.1.5 The site plan, dated 12/14/2017, is approved with the following changes: Prior to the Planning and Zoning Commission hearing, the applicant shall revise the site plan to include a property management office; maintenance storage area, and relocate the directory map to the entrance of the development. The trash enclosure and location should be approved by Bob Olson, Republic Services. A detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s).The trash enclosures shall also accommodate recycling containers. Prior to the Planning and Zoning Commission hearing, the applicant shall provide a site plan showing one additional trash enclosure. The applicant shall reduce the number of units to 36 in order to provide sufficient parking for the development. 1.1.6 The landscape plan, dated 12/04/2017, is approved with the following changes: Landscaping along the foundation of the buildings shall comply with UDC 11-4-3-27F. The applicant shall provide the following qualifying amenities: 1) a play structure, 2) a plaza, and 3) the applicant shall replace the yard art with a covered seating area near the play structure. The applicant shall protect the existing landscaping along Hickory Way during construction. The landscaping plan shall be revised to include parking islands at the end of each parking aisle in accord with UDC11-3B-8C. 1.1.7 The building elevations attached in Exhibit A.4, are approved with the following changes: Prior to the Commission hearing, the applicant shall provide elevations and greater details of the carport structures. The proposed carports shall be painted or powder coated to complement the overall color scheme for the development. Meridian City Council Meeting Agenda March 27, 2018 – Page 122 of 493 Hickory Apartments H-2017-0165 PAGE 20 1.1.8 The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27. 1.1.9 Prior to submission of a Certificate of Zoning Compliance, the applicant shall provide details of the carports. 1.1.10 All roof and wall-mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.1.11 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.1.12 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. A copy of the recorded document shall be submitted with the first Certificate of Zoning Compliance (CZC). The responsible party for the maintenance of the development shall be a single entity overseeing the entire multi-family development. 1.1.13 Floor plans shall be submitted with the Certificate of Zoning Compliance application(s) that demonstrate compliance with the 80 square feet of private useable open space requirements listed in UDC 11-4-3-27. 1.1.14 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. At a minimum, 20 of the 40 stalls must be covered. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-40 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. 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 required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.8 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.9 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the Architectural Standards Manual (ASM). 1.2.10 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Design Review from the Planning Division, prior to submittal of building permit application. NOTE: A CZC application may include one or more multi-family units on a lot/parcel. 1.2.11 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. Meridian City Council Meeting Agenda March 27, 2018 – Page 123 of 493 Hickory Apartments H-2017-0165 PAGE 21 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall coordinate with the Public Works department on connection to the existing water and sewer main adjacent to the property. 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 (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. Meridian City Council Meeting Agenda March 27, 2018 – Page 124 of 493 Hickory Apartments H-2017-0165 PAGE 22 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 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 Meridian City Council Meeting Agenda March 27, 2018 – Page 125 of 493 Hickory Apartments H-2017-0165 PAGE 23 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. POLICE DEPARTMENT 3.1 The applicant shall provide an access plan for the development. 3.3 The applicant shall provide a lighting plan for the development. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 4.2 Based on the size of new construction and the location of the sprinkler room in relation to the address side of the structure, the AHJ may require separate Knox box locations. One being at the main, address side entrance and the other at the entrance to the sprinkler riser room. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.9 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.10 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.11 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. Coordinate with the Fire Department on placement of address signage on building. Meridian City Council Meeting Agenda March 27, 2018 – Page 126 of 493 Hickory Apartments H-2017-0165 PAGE 24 4.12 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 4.15 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.16 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.17 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.18 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18 5. REPUBLIC SERVICES 5.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of Meridian Planning Department, the applicant shall submit a scaled site plan and detail of the trash enclosure to Bob Olson at Republic Services (345-1265) that demonstrates compliance with the following items: a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle back-up requirement)]; b. Sufficient overhead clearance height for service vehicles (a minimum 13’ clearance is required, including power and telecommunication lines; this requirement increases to 22’ at container service locations); c. Ample number and size of waste receptacles/enclosures to meet waste generation points and volumes; d. Adequate waste enclosure access (the applicant shall provide drive-on capability for 6 and 8 cubic yard containers; allow a minimum of 60’ frontal clearance); e. Adequate turning radius (provide a minimum 28’ inside and 48’ outside for all entrances, internal roads, drive aisles, alleys, and private streets where they intersect a public street); f. Meets design standards for waste enclosure(s): Meridian City Council Meeting Agenda March 27, 2018 – Page 127 of 493 Hickory Apartments H-2017-0165 PAGE 25 i. Concrete pad for the waste enclosure (required for all enclosures); ii. Concrete apron in front of waste enclosure (minimum 8’ in depth) iii. Gate locks for the waste enclosure for both open and closed positions; iv. Clearance inside waste enclosure gates (minimum 12’ x 10’ when in open position) Note: If building tenant wishes to recycle, please contact Bob Olson at Republic Services (345-1265) for minimum dimensional requirements; v. Bollards inside the enclosure to prevent the container from damaging the walls and gates; vi. Waste enclosure user access (When possible, the enclosure should be designed with an easy pedestrian access point other than the front gates to ensure less mess within the enclosure as well as reduce gate damage); 6. PARKS DEPARTMENT 6.1 The Parks Department had no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 At the time this staff report was written, staff had not yet received comments from the Ada County Highway District. Meridian City Council Meeting Agenda March 27, 2018 – Page 128 of 493 Hickory Apartments H-2017-0165 PAGE 26 C. Required Findings from Unified Development Code 1. 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 dimensional and development regulations in the district in which the use is located. Staff finds that if the site is designed in accord with the site plan in Exhibit A and 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 proposed R-40 zoning district and the multi-family specific use standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed multi-family residential use in the proposed R-40 zone meets the objectives of the Comprehensive Plan and UDC. 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. Staff finds that the general design, construction, operation and maintenance of the multi-family use will be compatible with other residential and commercial uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff 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. Staff finds that sanitary sewer, domestic water and irrigation can be made avai lable to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police 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. Staff finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. Meridian City Council Meeting Agenda March 27, 2018 – Page 129 of 493 Hickory Apartments H-2017-0165 PAGE 27 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. Staff 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. Staff recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. 2. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to rezone the subject property from L -O to the R-40 zoning district. This property is currently designated Commercial on the Future Land Use Map. Staff finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed map amendment to the R-40 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities already exist to this site. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable as the request is for a rezone. Meridian City Council Meeting Agenda March 27, 2018 – Page 130 of 493 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 6H Project/File Number: Item Title: Development Agreement for Kobe/Cope (H-2017-0157) with Kobe, LLC (Owner) and Cope Holdings, LLC (Developer) located on the northeast corner of N. Locust Grove Road and E. Franklin roads, in the SW 1/4 of Section 09, Township 3 North, Range 1 East Meeting Notes �"i APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-027680 BOISE IDAHO Pgs=32 BONNIE OBERBILLIG 03/29/2018 08:21 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Kobe, LLC, Owner 3. Cope Holdings, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this C� day of MWV k , 2018, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Dobe, LLC, whose address is 1124 E. Santa Maria Drive, Boise, Idaho 83712, hereinafter called OWNER and CopeHoldings, LLC whose address is 1855 E. Lanark Street, Meridian, Idaho 83642 hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the Use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 ofthe Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer have submitted an application for the re- zoning of 5.62 acres of land from the C -G (General Commercial) zoning district the to I -L (Industrial) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT— DOBE/COPE (H-2017-0157) PAGE 1 Or 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 1 3 3 o f 4 9 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 1 3 4 o f 4 9 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 1 3 5 o f 4 9 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 1 3 6 o f 4 9 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 1 3 7 o f 4 9 3 notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A, B and C follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Kobe, LLC By: 2G� C 1/lU%�c / c�1 UA DEVELOPER: Cope Holdings, LLC By: v R\�\� CY�cVY► �'Y�Dw�_ CITY OF MERIDIAN By: �� Mayor Ta de Weerd ATTEST: D A UG(, v CSV E IDIAN+ -- IDAHO SEAL ty Clerk PAGE 7 OF 8 DEVELOPMENT AGREEMENT - KOBE/COPE (H-2017-0157 STATE OF IDAHO ss: County of Ada, ) On this _LL, day of M (, `c Vl , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared leo TIe Tc7 ✓� r�� known or identified tome to be the Me m be r of the Kobe, LLC and the person who signed below, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) AARON .BOSCHI Notary Public fbijiI�daho V Notary Public Residing at: c)>5f�ct�' State of Idaho My Commission Expires: My 9 25,-202' sslon res STATE OF IDAHO ) . ss: County of Ada, ) On this��� day of�7f&,�AEO2018, before me, the undersigned, a Notary Public in and for said State, personally appeared /C/C'l�, known or identified to me to be the (�ANA(a//fC-r of Cope Holdings, LLC, and acknowledged to me that ne executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. %/it./ (SEAL) IOTA R Y NFlusg Caldwell, ID 1. 0. otary Publi or Idaho Commission Expires:10112j201a • Residing at: G My Commission Expires: A �O UBL grEOF\p STATE OF IDAHO )�'''��n��.�•''� : ss County of Ada n ) On this 1 day of "(J�+« , 2018, before me, allotary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificates" gypov written. ••�' Rw19�••�:Wag— A •; Notary Publicor I^daho . Residing at: 0 "► ► ' �� C ���� "�-�� Commission expires: plS��'4ti .' •••. ` STATE O•.•• 00088 �..•• PAGE 8 OF 8 DEVELOPMENT AGREEMENT — KOBE/COPE (H-2017-0157) Exhibit A Kobe/Cope – RZ H-2017-0121 Meridian City Council Meeting Agenda March 27, 2018 – Page 140 of 493 Exhibit A Kobe/Cope – RZ H-2017-0121 Meridian City Council Meeting Agenda March 27, 2018 – Page 141 of 493 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0157 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Comprehensive Plan Map Amendment from Commercial to Industrial for 10.12 acres of land and a Rezone of 5.62 acres of land from C-G to I-L., by Kobe, LLC. Case No(s). H-2017-0121 For the City Council Hearing Date of: February 20, 2018 (Findings on March 6, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 20, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 20, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 20, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 20, 2018, 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. Meridian City Council Meeting Agenda March 6, 2018 – Page 315 of 605 EXHIBIT B Meridian City Council Meeting Agenda March 27, 2018 – Page 142 of 493 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0157 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 20, 2018, 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 Comprehensive Plan Map Amendment and Rezone are hereby approved per the conditions of approval in the Staff Report for the hearing date of February 20, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. 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 February 20, 2018 Meridian City Council Meeting Agenda March 6, 2018 – Page 316 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 143 of 493 By action of the City Council at its regular meeting held on the W day of ' 2018. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL TREG BERNT VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED X-1 COUNCIL MEMBER TY PALMER VOTED 1[ COUNCIL MEMBER LUKE CAVENER) U P VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tam Weerd Attest: ` es gip, city of L C. aC1" City Clerk ' TSE ^`'> Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0157 - 3 1 ob-Cape. Meridian City Council Meeting Agenda March 27, 2018 – Page 144 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 1 STAFF REPORT HEARING DATE: February 20, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Kobe/Cope – CPAM, RZ (H-2017-0157) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Kobe, LLC and Cope Holdings, LLC, has applied for the following: 1) a comprehensive plan map amendment (CPAM) to change the land use designation on approximately 10.12 acres of land from Commercial to Industrial. 2) a rezone (RZ) of 5.62 acres from the C-G (General Commercial) to the I-L (Industrial) zoning district See Section VII, VIII & IX for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM and RZ applications with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on January 18, 2018. At the public hearing, the Commission moved to recommend approval of the subject CPAM and RZ requests. a. Summary of Commission Public Hearing: i. In favor: Shari Stiles ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Concerns about how the outdoor storage yard will be screened. ii. Discussion on the quality of the architecture of the proposed building for the site. d. Commission Change(s) to Staff Recommendation: i. Add condition 1.1.1f to require the structures on the site to comply with the commercial standards in the Architectural Standards Manual. e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on February 20, 2018. At the public hearing, the Council approved the subject CPAM and RZ request. Meridian City Council Meeting Agenda March 6, 2018 – Page 318 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 145 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 2 a. Summary of City Council Public Hearing: vii. In favor: Becky McKay (applicant’s Representative) viii. In opposition: None ix. Commenting: None x. Written testimony: None xi. Staff presenting application: Josh Beach xii. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: iii. None di. 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- 0157 as presented for the hearing date of January 18, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move deny File Number H-2017-0157, as presented in the staff report for the hearing date of January 18, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0157 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 subject property is located on the northeast corner of N. Locust Grove Road and E. Franklin Roads, in the SW ¼ of Section 08, Township 3 North, Range 1 East. B. Applicant: Kobe, LLC Cope Holdings, LLC 1124 E. Santa Maria Drive 1855 E. Lanark Street Boise, Idaho 83712 Meridian, ID 83642 C. Owner: Kobe, LLC 1124 E. Santa Maria Drive Boise, ID 83712 D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Meridian, Idaho 83642 Meridian City Council Meeting Agenda March 6, 2018 – Page 319 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 146 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 3 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject applications are for a comprehensive plan map amendment and rezone. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 29, 2017 (Commission); February 2, 2018 Council) C. Radius notices mailed to properties within 300 feet on: December 21, 2017 (Commission); February 2, 2018 (Council) D. Applicant posted notice on site by: January 9, 2018 (Commission); February 10, 2018 (Council) VI. LAND USE A. Existing Land Use(s): The property is currently undeveloped, zoned I-L and C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Industrial use; Parks Maintenance Facility, zoned I-L 2. East: Single-family residential, zoned RUT; Industrial Use, zoned I-L; Commercial Auto Repair, zoned C-G 3. South: Single-family residential, zoned RUT; Multi-family residential, zoned R-15 4. West: Vacant property, zoned C-G and I-L C. History of Previous Actions: This property was annexed in 1996 as ordinance #748. In 2017 a rezone (Gensco H-2017-0098 and associated development agreement Instrument # 2017-119617) and a combined preliminary final plat (Madden Subdivision H-2017-0121) application were approved for the property. D. Utilities: 1. Location of sewer: The subject site is currently being served with sanitary sewer from the City of Meridian. 2. Location of water: The subject site is currently being served with water from the City of Meridian. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: Existing: This property is designated Commercial on the Comprehensive Plan Future Land Use Map (FLUM). This designation will provide a full range of commercial and retail to serve area residents and visitors. Meridian City Council Meeting Agenda March 6, 2018 – Page 320 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 147 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 4 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 site is currently undeveloped. Proposed: The applicant proposes to change the FLUM designation from Commercial to Industrial. This designation allows a range of industrial uses to support industrial and commercial activities and to develop areas with sufficient urban services. Light industrial uses may include warehouses, storage units, light manufacturing, and incidental retail and offices uses. Heavy industrial uses may include processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases, screening, landscaping, and adequate access should be provided. On October 24, 2017, the Madden Subdivision Preliminary Final Plat (H-2017-0121) was approved by the Meridian City Council which included a specific waiver to requirements of UDC 11 -3A-3. Approval of this application (which includes the subject property) allowed two curb cuts to remain for both Locust Grove and Franklin Road, in addition to proposed curb cuts on Nola and Lanark streets. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. 3.01.01B, “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc).” ACHD has been notified and involved with the application. There are no impacts to school or parks as the entire project area is non-residential. The application was forwarded on to partner agencies for comment. 2. 3.01.01D, “Update the Comprehensive Plan and Unified Development Code as needed to accommodate growth trends.” There is a general view that industrial land in Meridian is in short-supply, or that available industrial land is too expensive. Updating the Map to allow more industrial in this area, with existing industrial to the West, North, and East, helps to make Industrial land more available. 3. 3.01.01F, “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” The proposed project is located in an area where development has and is already occurring, and City services are readily available. 4. 3.01.01J, “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” The existing site and proposed site plan both show direct access to Franklin Road when an access to a local street is also planned. The property to the east developed with an auto oriented business without direct access to Franklin Road, and instead takes access from Nola Road only. 5. 3.03.02G, “Consider the adopted COMPASS regional long-range transportation plan in all land- use decisions.” Neither of the adjacent arterials (Locust Grove and Franklin) are related to any priority corridors or projects. Objective 6.1.3 of the Communities in Motion long-range transportation plan states: “Maintain adequate land for industrial uses near fright routes and transfer centers.” This area of Franklin is a major Industrial area with lots of truck traffic and shipping areas. Meridian City Council Meeting Agenda March 6, 2018 – Page 321 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 148 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 5 Furthermore, Task 6.1.3.b states: “Protect industrial land from rezoning to other uses.” By changing both the Future Land Use Map and Zoning to Industrial at this intersection, it will be more difficult for other non-industrial uses to encroach within the Industrial areas to the northeast. 6. 3.03.02N, “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage / backage roads.” The site maintains existing curb cuts onto an arterial roadway while also taking an additional access from Nola Road. Shared and cross-access with the adjacent subdivided parcels is proposed, but each of the adjacent subdivided parcels also takes access from adjacent roadways resulting in no consolidation and increased potential for traffic conflicts. 7. 3.03.04K, “Consider ACHD's MSM (Master Street Map) in all land use decisions.” The MSM shows Locust Grove Road, Franklin Road, and Lanark St. This section of Locust Grove is an Industrial Arterial, Franklin is a Planned Commercial Arterial, and Lanark is an Industrial Collector. There are no planned public capacity improvements to any of these roads. 8. 3.06.01C, “Encourage industrial development to locate adjacent to existing industrial uses.” The adjacent developed properties to the west, north, and east are all industrial. 9. 3.06.01F, “Protect existing residential properties from incompatible land use development on adjacent parcels.” Adjacent residential properties to the south are separated by an arterial roadway, which is generally considered to be an appropriate land use separator. Additional topographic and landscape improvements and features also exist to buffer. 10. 3.06.01H, “Support land uses that do not harm natural systems and resources.” There are no known natural resources in the project area that should be protected. 11. 3.06.01I, “Preserve and protect industrial lands for continued industrial use.” Revising the Future Land Use Map to Industrial in this area not only increases the amount of industrial land available, but also buffers and reduces the adjacent existing industrial land from non-industrial encroachment. 12. 3.06.02D, “Restrict private curb cuts and access points on collectors and arterial streets.” The proposed site plan maintains the same number of existing curb cuts as exist, while also creating a new access along Nola Rd. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. Meridian City Council Meeting Agenda March 6, 2018 – Page 322 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 149 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 6 a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The proposed CPAM and RZ will change the commercial nature of the property. To ensure the future industrial developments are compatible with the adjacent properties, future development will be subject to the City’s design review standards in the UDC and the Architectural Design Manual. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. The property is currently annexed into the City and will continue receiving City services. c. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. The proposed CPAM does not incorporate a housing element. d. Economic Development Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject properties are located adjacent to a large business park and the two major mobility corridors. The amount of visibility and the level of public investment in infrastructure and services like roads, park and ride lots, and medical make it a prime candidate for redevelopment. Specifically the established transportation networks in the area and the visibility that this parcel will have make this parcel a prime candidate for industrial development. e. Public Services, Facilities, and Utilities The property is currently annexed into the City and will continue receiving City services. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. The subject application does not include a housing element and should not impact the school system. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The property is located in an area that has an established roadway network to adequately serve the proposed development. g. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. Meridian City Council Meeting Agenda March 6, 2018 – Page 323 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 150 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 7 h. Special Areas The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. i. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. j. Recreation Recreation resources within Meridian include 18 developed City parks totaling approximately 240 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. k. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. The area northeast of the Franklin and Locust Grove intersection is almost exclusively industrial. With this application for a Comprehensive Plan map amendment and rezone, this section of Lanark will be entirely industrial. An Industrial land use and zoning designation at the northeast corner of Franklin and Locust Grove will further buffer existing adjacent industrial uses from encroachment of more commercial, office, and other non-industrial uses. m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning and Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public’s interest in land use. The City Council is the ultimate decision making authority on most land use applications. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. The current property owner has consented to the application submittal. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): Light Industrial District (I-L) - The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or Meridian City Council Meeting Agenda March 6, 2018 – Page 324 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 151 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 8 objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: Table 11-2C-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the I-L zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2C-3 for the I-L zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table11-2C-3 for the I-L zoning district. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table UDC 11-3C-6B for the proposed industrial lots. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: COMPREHENSIVE PLAN MAP AMENDMENT (CPAM) AND REZONE (RZ): The applicant proposes to amend the future land use map (FLUM) contained in the Comprehensive Plan to change the land use designation on approximately 10.12 acres of land from Commercial to Industrial and to rezone 5.62 acres of land from C-G to I-L. As noted above, with a previous development application the northern half of this parcel was recently rezoned to the I-L district. The rezone is desired so the applicant can develop the east parcel with an automotive repair facility. No other development is proposed on the adjacent parcel. To ensure the site develops in conjunction with the submitted concept plan and elevations staff recommends the applicant enter into a development agreement, the recommended DA provisions are located in Exhibit B of the staff report. Site Plan: At this time, two of the parcels are proposed to develop. These parcels were subdivided with the recant approval of the Madden Subdivision. Future users for the lots that were previously subdivided include an industrial user to the north which includes an approximately 50,000 square foot industrial building. With this application, the applicant has submitted an additional concept plan for a separate auto body/collision repair business with a secured storage yard and the associated parking area. The applicant is proposing an automotive repair facility, major with accessory outdoor storage yard as part of the concept plan. The future use of the site must comply with the specific use standards set forth in UDC 11-4-3-37, UDC 11-3A-14 and UDC 11-4-3-33 for Outdoor Storage Facilities. Building Elevations: Conceptual building elevations were submitted for the proposed building as shown in Exhibit A.5. Design features include a large amount of glass, what appear to be steel panels and steel roll-up garage doors. Per the UDC, the flex building is characterized as a use of a building for office and warehouse designed with an attractive exterior appearance. Staff is supportive of the proposed building materials. Access: The UDC (11-3A-3) restricts access to arterial streets when access is available from a local street. This property has frontage on Nola Road, Lanark Street, Franklin Road and Locust Grove Meridian City Council Meeting Agenda March 6, 2018 – Page 325 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 152 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 9 Road. There are two existing access points to the site from both E. Franklin Road and N. Locust Grove, both classified arterial roadways. Since this property has access to Nola and Lanark, access to the arterials should be restricted. The applicant has indicated that they will also construct access points to N. Nola Road and E. Lanark Street, both local commercial streets. City Council approved the previously named access points with the Madden Subdivision (H- 2017-0121). Because there is a proposed shared access drive, the applicant shall provide a copy of a recorded cross access agreement between the Cope Collision property and the property to the west. The agreement shall be provided prior to application of a building permit. Landscaping: A 10-foot wide street buffer is required to be provided along N. Nola Road as set forth in UDC Table 11-2B-3. A 25-foot landscape buffer is required along E. Franklin Road and N. Locust Grove Road, an arterial roadway, as set forth in UDC 11-2B-3. Landscaping within the street buffer should be provided in accord with the standards listed in UDC 11-3B-7C. Any interior parking lot landscaping will be required with development of the property. Fencing: No fencing is depicted on the landscape plan for this site. Any new 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 7-foot wide attached sidewalk exists along N. Locust Grove Road and E. Franklin Road. The applicant will be required to install attached sidewalk along E. Lanark Street per the previously stated 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. 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. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application prior to construction to ensure all construction and site improvements comply with the conditions in this report and the provisions of the UDC, per UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site layout and design of all structures on the site is required to be consistent with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Existing & Proposed Future Land Use Map 3. Legal Description & Exhibit Map of Rezone Area 4. Proposed Concept Plan 5. Proposed Building Elevations B. Agency Comments C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda March 6, 2018 – Page 326 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 153 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 10 Exhibit A.1: Vicinity Map Meridian City Council Meeting Agenda March 6, 2018 – Page 327 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 154 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 11 Exhibit A.2: Existing & Proposed Future Land Use Map Meridian City Council Meeting Agenda March 6, 2018 – Page 328 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 155 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 12 Exhibit A.3: Legal Description & Exhibit Map of Rezone Area Meridian City Council Meeting Agenda March 6, 2018 – Page 329 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 156 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 13 Meridian City Council Meeting Agenda March 6, 2018 – Page 330 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 157 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 14 Exhibit A.4: Proposed Concept Plan Meridian City Council Meeting Agenda March 6, 2018 – Page 331 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 158 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 15 Exhibit A.5: Proposed Building Elevations Meridian City Council Meeting Agenda March 6, 2018 – Page 332 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 159 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 16 B. Agency Comments 1. PLANNING DIVISION 1.1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the time of rezone ordinance adoption. A certificate of zoning compliance application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney’s Office to initiate this process. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk’s office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the design standards listed in UDC 11-3A-19; the guidelines contained in the Architectural Standards Manual, the site plan and building elevations in Exhibit A. b. This property is subject to the conditions of approval of the Madden Subdivision (H-2017- 0121). c. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. d. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for a building permit. e. The applicant shall comply with the accessory outdoor storage standards set forth in UDC 11- 3A-14. f. Any structures built on the subject property shall conform to the commercial standards in the City of Meridian Architectural Standards Manual 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Street lights are required as part of the Madden Subdivision. No occupancy should be granted prior to installation and activation of the street lights. 2.2 General Conditions of Approval 2.2.1 The applicant shall provide easement(s) for any 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. 2.2.2 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. 2.2.3 Developer shall coordinate mailbox locations with the Meridian Post Office. Meridian City Council Meeting Agenda March 6, 2018 – Page 333 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 160 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 17 2.2.4 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.5 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. 2.2.6 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. 2.2.7 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards for any new public sewer and/or water infrastructure. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.8 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 public 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. Please contact Land Development Service for more information at 887-2211. 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 The Ada County Highway District has not submitted a staff report for the project. Meridian City Council Meeting Agenda March 6, 2018 – Page 334 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 161 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 18 C. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Council finds that the proposed changes to the Future Land Use Map are consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. Council finds that the proposal to modify the Future Land Use Map to allow for the industrial uses on this site will be compatible with existing and future commercial and industrial uses. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. Council finds the proposed amendment will be compatible with the surrounding existing industrial and future commercial uses. f. The proposed amendment will not burden existing and planned service capabilities. Council finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Council finds the proposed industrial development of this property is consistent with the proposed map amendment, will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and VIII and the subject findings above, Council finds that the proposed amendment is in the best interest of the City if the applicant enters into a development agreement with the City. 2. REZONE FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and Meridian City Council Meeting Agenda March 6, 2018 – Page 335 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 162 of 493 Exhibit A Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 39 shall, at the public hearing, review the application. In order to grant annexation and zoning, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property with the I-L zoning district consistent with the proposed Industrial land use designation for this site. Therefore, Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the I-L zoning district and is generally consistent with the purpose statement of the district consistent with the Comprehensive Plan. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation (as applicable) is in the best of interest of the City (UDC 11-5B-3.E). Not applicable. Meridian City Council Meeting Agenda March 6, 2018 – Page 336 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 163 of 493 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 61 Project/File Number: Final Plat for Fall Creek Meadows No. 2 (H-2018-0015) by Thomas Coleman, Toll IDI, LLC located south of W. Overland Road on the east side of S. Linder Road Meetinq Notes Meridian City Council Meeting Agenda March 27, 2018 – Page 165 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 166 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 167 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 168 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 169 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 170 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 171 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 172 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 173 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 174 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 175 of 493 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 6J Project/File Number: Acceptance Agreement for Heroes Park Public Art Project Meeting Notes uy APPROVED ACCEPTANCE AGREEMENT HEROES PARK PUBLIC ART PROJECT: "JOURNEY OF HEROES" This ACCEPTANCE AGREEMENT is made this 2f day of March, 2018 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and McCall Studios LLC, a limited liability company organized under the laws of the state of Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, Artist has installed at Heroes Park an art installation entitled "Journey of Heroes," comprised of three (3) large kinetic sculptures and five (5) small trail markers, ("Artwork"); WHEREAS, on March 21, 2017, City and Artist entered into a Task Order for Heroes Park Public Art Project ("'Task Order") that includes, in Section II.C.3.c, a requirement that the parties_ enter into a mutually agreed-upon acceptance agreement, and submit enumerated deliverables, as Conditions of the City's Final Acceptance of the artwork designed, created, and installed by Artist pursuant to the Task Order; WHEREAS, the Parks Superintendent and Building Official have inspected and do approve the installation of the Artwork as both compliant with the Task Order and structurally sound; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby, and in the Task Order,. acknowledged and agreed, and in consideration. of the inutual promises and covenants herein contained, the Parties agree as follows: L INDEMNIFICATION. Artist specifically hereby indemnifies and saves and holds ban- less City and its respective employees, elected officials, agents, guests, and/orbusiness invitees, from any and all liabilities, losses, claims, actions, judgments for damages, expenses, or injury to any person or to property raising m a result of. A. Artist's failure, or the failure of any agent, employee; or subcontractor of Artist to exercise reasonable care, skill or diligence in the performance of any work or, service under or related to the Task Order and any and. all addenda thereto; B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's agent(s), employee(s), or subcontractor(s); C. Artist's infringement of or upon any intellectual property rights, whether intentional or unintentional, known or unknown, including any copyright or patent arising out of the reproduction or use in any manner of any images, plans, designs, drawings, specifications,. information, material, sketches, notes or documents created or used by Artist in the performance of any work or service under the Task Order and any and all addenda thereto; and/or D. The malfunction, breakage; or failure of the artwork, or any portion or component thereof, created and installed under the Task Order and any and all addenda thereto. ACCEPTANCE AGREEMENT — JOURNEY OF HEROES PAGE t of 28 Artist shall not be responsible for damages, expenses, or injury to any person or to property arising as a result of vandalism, acts of God, or misuse of the Artwork. I1. WAwr,RR. Artist hereby waives and releases, on behalf of himself, his employees, agents, heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages he now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees; suffered in connection with or arising out of the performance of any work or service under or related to the Task Order. Except as otherwise expressly delineated in the Task Order, Artist hereby waives any and all right, title, or interest in the Artwork and/or all items created under, assembled pursuant to, and/or otherwise related to the Task Order and any and all addenda thereto. 111, DELIVERABLES. Attached to this agreement, pursuant to Section H.C:3.c of the Task Order, are: A. Exhibit A: Written licenses and/or permissions for the use of each and all of the images depicted on Artwork B. Exhibit B: Waivers of lien from all subcontractors and major materials suppliers C. Exhibit C: Report from an independent testing agency approving construction, fabrication, and installation materials and methods D. Exhibit DR: Recommended maintenance plan for the Artwork IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST,: ICenIYleCall Manager, McCall Studios LLC CITY OF MERIDIAN: BY; Tamrny de WMay;7 Attest: L C. Coles, ity Clerk. ACCF.PrANCE AC➢PYEMENT -- JouRNRY OF HEPO ES iPTEDA'J � ST ", ciry or W B IDIAN!*� 11 IDAHO SEALI PACE Z of 28 ACCEPTANCE AGREEMENT – JOURNEY OF HEROES PAGE 3 of 28 EXHIBIT A Permissions for the use of images depicted on Artwork Meridian City Council Meeting Agenda March 27, 2018 – Page 179 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 180 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 181 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 182 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 183 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 184 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 185 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 186 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 187 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 188 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 189 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 190 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 191 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 192 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 193 of 493 ACCEPTANCE AGREEMENT – JOURNEY OF HEROES PAGE 6 of 28 EXHIBIT B Waivers of lien Meridian City Council Meeting Agenda March 27, 2018 – Page 194 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 195 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 196 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 197 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 198 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 199 of 493 ACCEPTANCE AGREEMENT – JOURNEY OF HEROES PAGE 12 of 28 EXHIBIT C Independent testing agency report Meridian City Council Meeting Agenda March 27, 2018 – Page 200 of 493 12 February 2018 McCall Studios 407 E. 37th Street Boise, ID 83714 ATTN: Ken McCall Subject: Journey of Heroes Motion Sculpture—Fabrication Observation Lochsa Number: 174151.00 Dear Mr. McCall, As requested, a representative from Lochsa Engineering did visit the studio as the fabrication of the sculpture was underway. The material appears to comply with the requirements and the fabrication of the pieces was very clean and no noticeable exceptions were noted. The assembly of the pieces was skilled and precise. The welds were extremely precise and clean, with no obvious inclusions or errors. The fabrication and assembly is acceptable to Lochsa Engineering. The installation of the piece was also to Lochsa’s requirements and no exceptions were taken. Please let us know if you have any questions. Sincerely, Lochsa Engineering Dana M. Hennis, P.E., S.E. Senior Project Manager Structural Department Meridian City Council Meeting Agenda March 27, 2018 – Page 201 of 493 ACCEPTANCE AGREEMENT – JOURNEY OF HEROES PAGE 14 of 28 EXHIBIT D Artwork maintenance plan Meridian City Council Meeting Agenda March 27, 2018 – Page 202 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 203 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 204 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 205 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 206 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 207 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 208 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 209 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 210 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 211 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 212 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 213 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 214 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 215 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 216 of 493 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 6K Project/File Number: Acceptance Agreements for Display of Artwork in Initial Point Gallery 1. Micah Gosney, April 2018 2. Rick Jenkins, April 2018 3. Deb Pence, July 2018 4. Kevin Hughes, August 2018 5. Zella Bardsley, September 2018 6. Betty Hayzlett, October and November 2018 7. Lisa Bower, December and January 2018 8 Flynn Day Pottery, December and January 2018 Meetinq Notes u�" APPROVES ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 1 day of MQrdl , 201,8 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Micah Gosney, an individual person ("Artist"). (City and Artist. may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as ExhibitA, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"),.for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian. City Council that Artist's artwork, as: depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic. expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual. promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SFRVICFS. Artist shall personally deliver to Initial Point Gallery, on Friday, March 30, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit hereto. Artist shall be responsible for hanging such artwork on Friday, March 30, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, March 30, 2018 through Thursday, April 26, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, .April 27, 2018, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT -INMALPOINTGALLERY DISPLAY "M��h GCIS I� PAGE I ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 II. COMPENSATION AND SALE OF ARTWORK . A. No compensation. Artist shall display Artist’s artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between Friday, January 26, 2018 and Monday, February 26, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require Meridian City Council Meeting Agenda March 27, 2018 – Page 219 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. Meridian City Council Meeting Agenda March 27, 2018 – Page 220 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. Meridian City Council Meeting Agenda March 27, 2018 – Page 221 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. 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. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Meridian City Council Meeting Agenda March 27, 2018 – Page 222 of 493 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: Micah Gosney 2224 W. Root Creek St. Meridian, ID 83646 9W. Hillary Bodnar Initial Point Gallery Curator 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Micah G sney CITY OF MERIDIAN: BY: Tammy de erd, Mayor Attest: - C. Coles, City Clerk ("Iw (�V of E IDIAN�- DAHO �I Z� SEAL ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 6 �qk cah G evJ ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda March 27, 2018 – Page 224 of 493 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda March 27, 2018 – Page 225 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda March 27, 2018 – Page 226 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 227 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 228 of 493 Mi c a h G o s n e y Meridian City Council Meeting Agenda March 27, 2018 – Page 229 of 493 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 2--t day of , 201$ ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Rick Jenkins, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission has invited Artist to display artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, March 30, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, March 30, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, March 30, 2018 through Thursday, April 26, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, April 27, 2018, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1 'R1 C\�- j eVIYo6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between January 26, 2018 and February 26, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be Meridian City Council Meeting Agenda March 27, 2018 – Page 231 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to Meridian City Council Meeting Agenda March 27, 2018 – Page 232 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and Meridian City Council Meeting Agenda March 27, 2018 – Page 233 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. 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. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Rick Jenkins Hillary Bodnar 2229 W Ellis Ave Initial Point Gallery Curator Boise, ID 83702 33 E. Broadway Ave. Meridian ID 83642 Meridian City Council Meeting Agenda March 27, 2018 – Page 234 of 493 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Rick fen s CITY OF MERIDIAN: BY: Tammy d erd, Mayor Ayi Attest: nSEAL y Clerk ACCEPTANCE AGREEMENT -INITIAL POINT GALLERY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda March 27, 2018 – Page 236 of 493 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda March 27, 2018 – Page 237 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda March 27, 2018 – Page 238 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 239 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 240 of 493 Ri c k J e n k i n s Meridian City Council Meeting Agenda March 27, 2018 – Page 241 of 493 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ZT! day of , 201_ ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Deb Pence, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, June 29, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, June 29, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, June 29, 2018 through Thursday, July 26, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, July 27, 2018, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY - PPJnCe PAGE I ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 II. COMPENSATION AND SALE OF ARTWORK . A. No compensation. Artist shall display Artist’s artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between Friday, April 27, 2018 and Monday, May 28, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require Meridian City Council Meeting Agenda March 27, 2018 – Page 243 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. Meridian City Council Meeting Agenda March 27, 2018 – Page 244 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. Meridian City Council Meeting Agenda March 27, 2018 – Page 245 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. 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. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Meridian City Council Meeting Agenda March 27, 2018 – Page 246 of 493 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City Deb Pence Hillary Bodnar 1020 Tammy St. Initial Point Gallery Curator Meridian, ID 83646 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: b,h, ay-t� Deb Pence CITY OF MERIDIAN: BY: Tammy e eerd, Mayor o�QORp,T E D AUc�`ST =G � 0 NrEE� �IDIANj6., 4 IDAHO SEAL/ Attest: zyy e ity Clerk ACCEPTANCE AGREEMENT -- INITIAL POINT GALLERY DISPLAY PAGE 6 Pe-nce ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda March 27, 2018 – Page 248 of 493 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda March 27, 2018 – Page 249 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda March 27, 2018 – Page 250 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 251 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 252 of 493 Deb Pence Up-cycled Aluminum Soda Can Wall Art My metal wall art is made on a picture frame that I have backed with chicken wire. All of the metal pieces are made from up-cycled aluminum soda cans. Each piece is hand cut, embossed by hand (not on a machine) and wired to the chicken wire. The wall art is suitable for hanging indoors or out. If hanging outdoors, it should go in a place with gentle exposure to the elements. Preferably a shady spot or patio. I’ve always loved doing arts and crafts. Not in one medium in particular, but a little of everything. Even before I went to elementary school, I spent a lot of time with cut-out pictures, paste, crayons and watercolors. I made so many things with fabrics, trims, wood, twine, flowers, moss… I still like to work with found materials as much as possible. I love to use bright colors and materials that convey peace and happiness. I am a retired special education teacher . School has been a great place to use art with students, as well as with my own children at home. Pieces to be displayed: 15 pieces, assorted designs. 14 in x 14 in. $100. Medium: aluminum up-cycled soda cans 5 pieces, assorted designs. 10 in x 10 in. $50. Medium: aluminum up-cycled soda cans Publicity: Facebook Meridian City Council Meeting Agenda March 27, 2018 – Page 253 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 254 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 255 of 493 De b P e n c e Meridian City Council Meeting Agenda March 27, 2018 – Page 256 of 493 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIA POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the _Aa�day of > 20t& ("Effective. Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and. Kevin Hughes, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end; the Meridian Arts Commission has invited Artist to display artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as. follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, oil Friday, August 3, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit hereto. Artist shall be responsible for hanging such artwork on August 03, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, August 3, 2018 through Thursday, August 30, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, August 3 t, 2018, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from. any artwork sold due to its display in Initial Point ACCEPTANCE AGREEMENT-INrrIAL.PoiNT GALLERY DISPLAY PAGE 1 K. { }ughes ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between June 01, 2018 and July 02, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, Meridian City Council Meeting Agenda March 27, 2018 – Page 258 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. Meridian City Council Meeting Agenda March 27, 2018 – Page 259 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an Meridian City Council Meeting Agenda March 27, 2018 – Page 260 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. 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. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Kevin Hughes Hillary Bodnar 9554 W Birmingham Dr Initial Point Gallery Curator Boise, ID 83704 33 E. Broadway Ave. Meridian ID 83642 Meridian City Council Meeting Agenda March 27, 2018 – Page 261 of 493 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. CITY OF MERIDIAN: ft Tammy erd, Mayor ,Rp,T ED AUGU Owe ST =G � ly of 0 -�►�l E� �IDIAN� S �OAHO SEAL Attest: /Jay8o1e;, City Clerk ACCEPTANCE AGREEMENT — INmAL POINT GALLERY DISPLAY PAGE C ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda March 27, 2018 – Page 263 of 493 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda March 27, 2018 – Page 264 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda March 27, 2018 – Page 265 of 493 Scanned by CamScanner Meridian City Council Meeting Agenda March 27, 2018 – Page 266 of 493 Scanned by CamScanner Meridian City Council Meeting Agenda March 27, 2018 – Page 267 of 493 Ke v i n H u g h e s Meridian City Council Meeting Agenda March 27, 2018 – Page 268 of 493 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 0-1�" day of H C, rw, 201.& ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Zella Bardsley, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission has invited Artist to display artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, August 31, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, August 31, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, August 31, 2018 through Thursday, September 27, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, September 28, 2018, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORB. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission ACCEPTANCE AGREEMENT- INITIAL POINT GALLERY DISPLAY PAGE I -6crcw-N ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between June 29, 2018 and July 30, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be Meridian City Council Meeting Agenda March 27, 2018 – Page 270 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to Meridian City Council Meeting Agenda March 27, 2018 – Page 271 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and Meridian City Council Meeting Agenda March 27, 2018 – Page 272 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. 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. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Zella Bardsley Hillary Bodnar 4621 N Patton Pl Initial Point Gallery Curator Boise, ID 83704 33 E. Broadway Ave. Meridian ID 83642 Meridian City Council Meeting Agenda March 27, 2018 – Page 273 of 493 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: f Zola . dsley CITY OF MERIDIAN: BY: Ta iM erd, Mayor O9-Q0Rp,TEDAGc(�S,r Attest: 2c, Ir zy eky Clerk 01 of E IDIANt Z AHO m S. EAL ACCEPTANCE AGREEMENT- 1NrrtALPoiNT GALLERY DISPLAY. PAGE 6 barckekQ� �. � - t• .1 5 e��t. $'!' �! 8r.�iT}:%t• :1"34.rti�:e.i ���SGi•� li•.t... E11 -1-M. ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda March 27, 2018 – Page 275 of 493 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda March 27, 2018 – Page 276 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda March 27, 2018 – Page 277 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 278 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 279 of 493 Ze l l a B a r d s l e y Meridian City Council Meeting Agenda March 27, 2018 – Page 280 of 493 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 2. r day of M 0-<k -1 , 201 S ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Betty Hayzlett, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission has invited Artist to display artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, September 28, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, September 28, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, September 28, 2018 through Thursday, November 29, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, November 30, 2018, at such time as is specified by the Gallery Curator. H. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission ACCEPTANCE AGREEMENT -INITIAL POINT GALLERY DISPLAY PAGE I ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between August 31, 2018 and October 01, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be Meridian City Council Meeting Agenda March 27, 2018 – Page 282 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to Meridian City Council Meeting Agenda March 27, 2018 – Page 283 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and Meridian City Council Meeting Agenda March 27, 2018 – Page 284 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. 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. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Betty Hayzlett Hillary Bodnar 2044 E Lamar Ct. Initial Point Gallery Curator Boise, ID 83712 33 E. Broadway Ave. Meridian ID 83642 Meridian City Council Meeting Agenda March 27, 2018 – Page 285 of 493 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided, J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement, Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not bG construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above, ARTIST: -�.� Betty Hay lett u CITY OF MERIDIAN: BY: Tammy de e d, Mayor ED AUG(i Sp 0 Attest: y Coles ity Clerk s o of CAVI E�,�IDIANt-p- IDAHO ,)_ SEAL 4,-) ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 6 RCIyzL-W ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda March 27, 2018 – Page 287 of 493 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda March 27, 2018 – Page 288 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda March 27, 2018 – Page 289 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 290 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 291 of 493 Be t t y H a y z l e t t Meridian City Council Meeting Agenda March 27, 2018 – Page 292 of 493 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the �94k day of NtarYl 2018- ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Lisa Bower, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission has invited Artist to display artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on , at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from through, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on , at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1 Q-Pl,)exr ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between and to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, Meridian City Council Meeting Agenda March 27, 2018 – Page 294 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. Meridian City Council Meeting Agenda March 27, 2018 – Page 295 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an Meridian City Council Meeting Agenda March 27, 2018 – Page 296 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. 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. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Lisa Bower Hillary Bodnar Initial Point Gallery Curator 33 E. Broadway Ave. Meridian ID 83642 Meridian City Council Meeting Agenda March 27, 2018 – Page 297 of 493 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided, J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, ®F, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: e "xc, Lisa Bower CITY OF TVfERIDIAN: BY: � de erd, Mayor r-SEAL pt E D AVGU Attest: S . y Cole City Clerk �*( 1N of E IDIAN IDAHO `the ACCEPTANCE AGREEMENT— INITIAL POINT GALLERY DISPLAY PAGE 6 I0wer- ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda March 27, 2018 – Page 299 of 493 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda March 27, 2018 – Page 300 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda March 27, 2018 – Page 301 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 302 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 303 of 493 Li s a B o w e r Meridian City Council Meeting Agenda March 27, 2018 – Page 304 of 493 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the a1V' day of HO03 , 2018 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Flynn Day Pottery, an assumed business name of Kevin Flynn and Amber Day ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission has invited Artist to display artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, November 30, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on November 30, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, November 30, 2018 through Thursday, January 31, 2019, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, February 1, 2019, at such time as is specified by the Gallery Curator. H. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between November 02, 2018 and December 03, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public Meridian City Council Meeting Agenda March 27, 2018 – Page 306 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to Meridian City Council Meeting Agenda March 27, 2018 – Page 307 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and Meridian City Council Meeting Agenda March 27, 2018 – Page 308 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. 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. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Kevin Flynn Hillary Bodnar 506 S. Harding Street Initial Point Gallery Curator Boise ID 83705 33 E. Broadway Ave. Meridian ID 83642 Meridian City Council Meeting Agenda March 27, 2018 – Page 309 of 493 Either party rimy change its respective mailing address by giving, written notice of such change in the manner herein provided. J. Warranty of authority. Artist expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Flynn Islay pottery and its principals, and is authorized to bind Flynn Day Pottery and its principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Flynn Day Pottery and its principals. K. City Council approval required. Tlie validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agrecrnent by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above, ARTIST. EY I Pj FL�-e Kevin Flynn, Owner CITY OF MIERYDIA 4' BY: Tammy q6y6rd, Mayer GO�Q0�pTEDA1,0 S, Atte; ` y Cole. ity Clerk CitV of IAly* m IDAHO SEALAl AccE'rANcL AGREUb U -N -r- JNrrjAL t PINT GALLERY DISPLAY PAQE 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda March 27, 2018 – Page 311 of 493 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda March 27, 2018 – Page 312 of 493 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda March 27, 2018 – Page 313 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 314 of 493 Meridian City Council Meeting Agenda March 27, 2018 – Page 315 of 493 Fl y n n D a y P o t t e r y Meridian City Council Meeting Agenda March 27, 2018 – Page 316 of 493 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 6L Project/File Number: Professional Services Agreement with Meridian Symphony Orchestra for an amount not to exceed $500 Meetina Notes C�"i APPROY►JJ PROFESSIONAL SERVICES AGREEMENT WITH MERIDIAN SYMPHONY ORCHESTRA This PROFESSIONAL SERVICES AGREEMENT WITH MERIDIAN SYMPHONY ORCHESTRA (hereinafter "Agreement") is made this 2`%4day of March, 2018, by and between the Meridian Arts Commission, through the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Meridian Community Orchestra, Inc., a nonprofit corporation organized under the laws of the State of Idaho, known informally as Meridian Symphony Orchestra (hereinafter "MSO"). WHEREAS, the mission of the Meridian Arts Commission is to develop, advance, and nurture all facets of the arts to enhance the quality of life for Meridian residents and its visitors; WHEREAS, MSO is dedicated to enriching the cultural life of our community and region by providing quality entertainment in a family -friendly, educationally focused environment; and WHEREAS, the respective governing bodies of City and MSO find that these missions complement each other and wish to work together to further the objectives of both by sponsoring the remainder of MSO's season; 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, City and MSO agree as follows: I. SCOPE OF SERVICES. In exchange for City's sponsorship as set forth herein, MSO shall: A. Acknowledge MAC's contribution in public service announcements. B. Recognize MAC from the podium at MSO's Rising Stars concert, on April 21, 2018. C. Include MAC's name and logo on all MSO event tickets, flyers, and concert programs. D. Provide MAC with space at MSO events to provide patrons with promotional materials. H. COMPENSATION AND PAYMENT. Following MSO's provision of detailed invoice to City, City shall pay MSO for services described herein in an amount not to exceed five hundred dollars ($500.00). III. GENERAL PROVISIONS. A. Notices. All notices required to be given by either of the parties shall be in writing and be deemed communicated when personally served or mailed via U.S. mail, addressed as follows: If to MSO: If to City: David Stolhand Hillary Bodnar, Commissions & Committees Specialist Meridian Community Orchestra, Inc. City of Meridian P.O. Box 1016 33 East Broadway Ave Meridian ID 83680 Meridian ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws; discrimination prohibited. In performing the scope of services required hereunder, City and MSO shall comply with all applicable federal, state, and local laws. In PROFESSIONAL SERVICES AGREEMENT wrrH MERIDIAN SYMPHONY ORCHESTRA PAGE I OF 2 performing services under this Agreement, MSO shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. C. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The patties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. D. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an unforeseeable event which precludes the performance of the terms of this Agreement; or circumstances that render performance by either party a detriment to public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing fourteen (14) days' notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A forty-eight (48) hour cure period shall commence upon provision of the notice of intention to terminate. If the defaulting party successfully cures the breach or circumstances providing grounds for termination, the terminating party shall signify such cure by issuing written withdrawal of the notice of termination. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement shall be terminated. E. Entire Agreement; approval required. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and MSO. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their ,duly authorized officers to be effective as of the day and year first above written. MERIDIAN SYMPHONY ORCHESTRA: BY: D vid Stolhand, President CITY OF MERIDIAN: Attest: BY: ti Tammy e eerd zGo� KGs . y Coles Mayor ei Clerk or o W i E IDIAN m �o ' 0 SEAL PROFESSIONAL SERVICES AGREEMENT WITH N48RID[AN SYMPHONY ORCHESTRA PAGE 2 OF 2 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 6M Project/File Number: City Financial Report for February 2018 Meetinq Notes rte✓ APPROIED REPORT NAME PAGE # Fund Balance - General 2 Fund Balance - Enterprise 3 Investment Graphs 4 WATER - Budget to Actual Comparison 5 WWTP - Budget to Actual Comparison 6 Public Works/Billing Budget to Actual Comparison 7 Enterprise Fund - Budget to Actual Comparison 8 Enterprise Fund - Graphs 9 Utility Sales Revenue Comparison 10 General Fund Expenditures - Budget to Actual Comparison 11 General Fund - Graphs 12 General Fund Revenue - Budget to Actual Comparison 13 Community Development - Forecast 14 Community Development - Budget to Actual Comparison 15 Community Development - Graphs 16 Impact Fund - Summary 17 Overtime Graphs 18 Volunteer Hours 19 Vacant Positions 20 Internal Transfers 21 Table of Contents FINANCE REPORT February 2018 CITY of MERIDIAN Month 5 of FY2018 (Oct 1 - Sep 30) 1 of 21 Meridian City Council Meeting Agenda March 27, 2018 – Page 321 of 493 CITY of MERIDIAN FY2017 General Fund Balance Projection (based on approved Budget) As of 3/6/18 Unrestricted Restricted Restricted Restricted Restricted Restricted BUDGET Based Fund Balance PROJECTION Fund 01 Fund 07 Fund 07 Fund 07 Fund 08 Fund 55 General Fund Parks - Impact Fire - Impact Police - Impact Public Safety Capital Improve. Total Unrestricted Fund Balance As of 9/30/17 32,474,676 $ 6,263,470 $ 5,108,042 $ 1,172,284 $ 386,687 $ 8,045,257 $ 53,450,416 $ Current Year Revenue & Expenditures Fiscal Year 2018 Budgeted Revenue 49,160,188 $ 1,053,000 $ 560,000 $ 196,436 $ -$ 2,000 $ 50,971,624 $ Fiscal Year 2018 Budgeted Ops Expenses 47,524,767 $ -$ 20,000 $ -$ -$ -$ 47,544,767 $ Fiscal Year 2018 Budgeted Cap Expenses 2,833,178 $ 3,085,000 $ -$ -$ -$ 3,033,000 $ 8,951,178 $ Fiscal Year 2018 Budgeted Transfers (2,839,082) $ -$ -$ -$ 280,970 $ 125,499 $ (2,432,613) $ Beg FY18 Current Yr NET Revenues (Expenditures) 1,641,325 $ (2,032,000) $ 540,000 $ 196,436 $ (280,970) $ (3,156,499) $ (3,091,708) $ Net Fund Balance (Projected using Budget $) 34,116,001 $ 4,231,470 $ 5,648,042 $ 1,368,720 $ 105,717 $ 4,888,758 $ 50,358,708 $ FY2018 Amendments Idaho Humane Society Contract Addendum 11,000 $ 11,000 $ Exhaust/Carcinogen testing at Station 1 and 3 4,000 $ 4,000 $ Revenue reduced due to Budget Notice publication error 50,489 $ 50,489 $ City Summer Picnic from Enterprise Fund 60 $ 60 $ Personnel Reclassification (1,891) $ (1,891) $ Homecourt Lighting Fixtures 7,000 $ 7,000 $ Total Amendments To Date: 70,658 $ -$ -$ -$ -$ -$ 70,658 $ Current Yr NET change to fund balance Rev (Exp) 1,570,667 $ (2,032,000) $ 540,000 $ 196,436 $ (280,970) $ (3,156,499) $ (3,162,366) $ Net Fund Balance after Amendments 34,045,343 $ 4,231,470 $ 5,648,042 $ 1,368,720 $ 105,717 $ 4,888,758 $ 50,288,050 $ FY2018 Carryforwards Carryforward Operating 565,837 $ 565,837 $ Carryforward Capital 1,574,035 $ 4,341,654 $ 4,266,500 $ 300,542 $ 10,482,731 $ Carryfoward Adjustment (346,387) $ (2,638,267) $ 449,500 $ (201,660) $ (2,736,814) $ Total Carryforwards 1,793,485 $ 1,703,387 $ 4,716,000 $ -$ -$ 98,882 $ 8,311,754 $ Net Fund Balance after Amendments & Carryforwards 32,251,858 $ 2,528,083 $ 932,042 $ 1,368,720 $ 105,717 $ 4,789,876 $ 41,976,296 $ Operating Reserves - 4 months 15,825,455 $ 15,825,455 $ Benefits Reserve -$ -$ FY18 Comm Dev Transfer 2,641,404 $ (2,641,404) $ -$ -$ Total Reserves and Adjustments 18,466,859 $ -$ -$ -$ -$ (2,641,404) $ 15,825,455 $ Projected Net Fund Balance after Reserves @ 9/30/18 15,578,484 $ 4,231,470 $ 5,648,042 $ 1,368,720 $ 105,717 $ 7,530,162 $ 34,462,595 $ Unrestricted Restricted Restricted Restricted Restricted Restricted ACTUAL NET FUND BALANCE @ 2/28/18 Fund 01 Fund 07 Fund 07 Fund 07 Fund 08 Fund 55 General Fund Parks - Impact Fire - Impact Police - Impact Public Safety Capital Improve. Total Unrestricted Fund Balance As of 9/30/17 32,474,676 $ 6,263,470 $ 5,108,042 $ 1,172,284 $ 386,687 $ 8,045,257 $ 53,450,416 $ FYTD Actual Revenues @ 2/28/18 26,048,375 $ 921,230 $ 578,308 $ 141,968 $ 111 $ 34,018 $ 27,724,010 $ FYTD Actual Expenditures @ 2/28/18 18,722,466 $ 916,155 $ 51,745 $ -$ -$ 3,083 $ 19,693,449 $ FYTD Actuals Transfers @ 2/28/18 (1,218,812) $ -$ -$ -$ -$ -$ (1,218,812) $ Actual Net Fund Balance @ 2/28/18 41,019,397 $ 6,268,545 $ 5,198,265 $ 1,172,395 $ 386,798 $ 8,076,192 $ 62,699,789 $ NOTE: Budget Based Fund Balance reflects if ALL approved spend for the year occurs by 9/30/18 Actual YTD Fund Balance reflects actual spend to date, no future spend included 2 of 21 General Fund BalanceMeridian City Council Meeting Agenda March 27, 2018 – Page 322 of 493 CITY of MERIDIAN FY2018 Enterprise Fund Balance Projection (based on approved Budget) As of 3/6/18 Unrestricted Fund 60 BUDGET Based Fund Balance PROJECTION Enterprise Unrestricted Fund Balance As of 9/30/17 50,411,648 $ Current Year Revenue & Expenditures Fiscal Year 2018 Budgeted Revenue 38,461,568 $ Fiscal Year 2018 Budgeted Ops Expenses 16,503,497 $ Fiscal Year 2018 Budgeted Cap Expenses 37,573,000 $ Fiscal Year 2018 Budgeted Transfers 2,839,082 $ Beg FY18 Current Yr NET Revenues(Expenditures) (18,454,011) $ Net Projected Fund Balance 31,957,637 $ FY2018 Amendments Well #29 20,000 $ Collections Equipment Facility Construction 77,500 $ City Summer Picnic to General Fund (60) $ Total Amendments To Date: 97,440 $ Current Yr NET change to fund balance Rev(Exp) (18,551,451) $ Net Fund Balance after Amendments @ 9/30/18 31,860,197 $ FY2018 Carryforwards Carryforward Operating 1,116,130 $ Carryforward Capital 32,051,136 $ Carryfoward Adjustment (11,689,611) $ Total Carryforwards 21,477,655 $ Net Fund Balance after Amendments & Carryforwards @ 9/30/18 10,382,542 $ Operating Reserves - 6 months 8,509,811 $ Depreciation Reserve -$ Emergency Reserve 1,000,000 $ Total Reserves 9,509,811 $ Net Fund Balance (Projected using Budget $) after Reserves @ 9/30/18 872,731 $ ACTUAL NET FUND BALANCE @ 2/28/18 Actual Fund 60 Unrestricted Fund Balance @ 9/30/17 50,411,648 $ FYTD Actual Revenues @ 2/28/18 16,825,266 $ FYTD Actual Ops Expenses @ 2/28/18 5,763,285 $ FYTD Actual Capital Expenses @ 2/28/18 10,983,240 $ FYTD Actual General Fund Transfers @ 2/28/18 1,218,812 $ ACTUAL Based NET FUND BALANCE @ 2/28/18 49,271,577 $ NOTE: Budget Based Fund Balance reflects if ALL approved spend for the year occurs by 9/30/18 Actual YTD Fund Balance reflects actual spend to date, no future spend included 3 of 21 Enterprise Fund BalMeridian City Council Meeting Agenda March 27, 2018 – Page 323 of 493 4 of 21 InvestmentsMeridian City Council Meeting Agenda March 27, 2018 – Page 324 of 493 City of Meridian Waste Water Including PW Admin Costs - Enterprise Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 2/28/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ WASTE WATER OPERATIONS AND MAINTENANCE Revenue Utility Sales 15,214,390 $ 6,339,329 $ 6,351,499 $ 12,170 $ 0% 6,138,959 $ 212,540 $ Miscellaneous -$ -$ 8,186 $ 8,186 $ 12,378 $ (4,192) $ 1/2 Billing/Public Works 473,185 $ 197,160 $ 201,223 $ 4,063 $ 2% 255,785 $ (54,562) $ Total Revenue 15,687,575 $ 6,536,489 $ 6,560,909 $ 24,419 $ 0% 6,407,122 $ 153,787 $ Personnel Costs Administration 289,022 $ 120,426 $ 71,239 $ 49,187 $ 41% 107,579 $ (36,340) $ Treatment Plant 1,476,793 $ 615,331 $ 579,432 $ 35,899 $ 6% 559,113 $ 20,319 $ Collection Lines 558,456 $ 232,690 $ 185,167 $ 47,523 $ 20% 155,733 $ 29,435 $ Pretreatment Division 159,417 $ 66,424 $ 60,140 $ 6,284 $ 9% 68,961 $ (8,821) $ Lab 439,241 $ 183,017 $ 168,552 $ 14,465 $ 8% 170,246 $ (1,694) $ 1/2 Billing/Public Works 2,208,755 $ 920,315 $ 773,579 $ 146,736 $ 16% 716,553 $ 57,025 $ Total Personnel Costs 5,131,684 $ 2,138,202 $ 1,838,109 $ 300,093 $ 14% 1,778,185 $ 59,923 $ Operating Costs Administration 311,251 $ 129,688 $ 118,365 $ 11,323 $ 9% 189,773 $ (71,408) $ Treatment Plant 1,998,540 $ 832,725 $ 571,322 $ 261,403 $ 31% 728,136 $ (156,814) $ Collection Lines 554,344 $ 230,977 $ 163,030 $ 67,947 $ 29% 197,513 $ (34,483) $ Pretreatment Division 21,380 $ 8,908 $ 746 $ 8,162 $ 92% 2,434 $ (1,688) $ Lab 232,580 $ 96,908 $ 70,841 $ 26,068 $ 27% 42,879 $ 27,961 $ General Fund Transfer 1,258,916 $ 524,549 $ 577,362 $ (52,812) $ -10% 431,672 $ 145,690 $ 1/2 Billing/Public Works 1,107,321 $ 461,384 $ 253,614 $ 207,769 $ 45% 265,802 $ (12,188) $ Total Operating Costs 5,484,332 $ 2,285,139 $ 1,755,281 $ 529,858 $ 23% 1,858,210 $ (102,930) $ Operating Income (Loss) 5,071,558 $ 2,113,149 $ 2,967,519 $ 854,371 $ 2,770,726 $ 196,793 $ Capital Outlay Operations Administration 39,000 $ 16,250 $ 19,876 $ (3,626) $ -22% 100 $ 19,776 $ Treatment Plant 55,000 $ 22,917 $ 9,346 $ 13,570 $ 59% -$ 9,346 $ Collection Lines 30,000 $ 12,500 $ -$ 12,500 $ 100% 465,492 $ (465,492) $ 1/2 Billing/Public Works 41,739 $ 17,391 $ 13,224 $ 4,168 $ 24% 56,582 $ (43,358) $ Total Capital Outlay 165,739 $ 69,058 $ 42,446 $ 26,612 $ 39% 522,174 $ (479,728) $ Net Income (Loss) from Operations 4,905,820 $ 2,044,091 $ 2,925,073 $ 880,983 $ 2,248,552 $ 676,521 $ WASTE WATER CONSTRUCTION Revenue Residential Assessments 7,158,816 $ 2,982,840 $ 3,336,764 $ 353,924 $ 12% 2,333,516 $ 1,003,249 $ Commercial Assessments 441,000 $ 183,750 $ 566,760 $ 383,010 $ 208% 309,019 $ 257,741 $ EPA Compliance Revenue 1,480,337 $ 616,807 $ 625,842 $ 9,035 $ 1% 598,796 $ 27,047 $ Interest 100,000 $ 41,667 $ 214,930 $ 173,264 $ 416% 138,382 $ 76,548 $ Miscellaneous -$ -$ -$ -$ 20,431 $ (20,431) $ Total Revenue 9,180,153 $ 3,825,064 $ 4,744,296 $ 919,232 $ 24% 3,400,144 $ 1,344,152 $ Operating Costs 35,000 $ 14,583 $ 8,368 $ 6,215 $ 43% 8,331 $ 37 $ Capital Construction Projects 47,833,648 $ 19,930,687 $ 9,262,050 $ 10,668,636 $ 54% 4,043,037 $ 5,219,014 $ Net Income (Loss) from Construction (38,688,495) $ (16,120,206) $ (4,526,122) $ (11,594,084) $ (651,224) $ (3,874,898) $ Waste Water Department Net Income (Loss) (33,782,676) $ (14,076,116) $ (1,601,049) $ 12,475,067 $ 1,597,328 $ (3,198,377) $ Budget to Actual Prior Year to Date 6 of 21 WWTP Meridian City Council Meeting Agenda March 27, 2018 – Page 326 of 493 City of Meridian Enterprise Overhead - Public Works/Utility Billing/Environmental Divisions Budget to Actual Year to Date Comparisons FY2018 for Month Ending 2/28/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ Revenue PW Review Fees 200,000 $ 83,333 $ 147,377 $ 64,043 $ 77% 271,918 $ (124,542) $ Utility Billing Fees 746,369 $ 310,987 $ 255,070 $ (55,917) $ -18% 239,652 $ 15,418 $ Total Revenue 946,369 $ 394,320 $ 402,447 $ 8,126 $ 2% 511,570 $ (109,124) $ Personnel Costs 4,417,510 $ 1,840,629 $ 1,547,157 $ 293,472 $ 16% 1,433,107 $ 114,050 $ Operating Expense 2,214,642 $ 922,772 $ 507,229 $ 415,543 $ 45% 531,605 $ (24,376) $ Transfers 321,252 $ 133,855 $ 71,067 $ 62,788 $ 47% 73,711 $ (2,644) $ Total OE 2,535,894 $ 1,056,627 $ 578,296 $ 478,330 $ 45% 605,316 $ (27,020) $ Total PC & OE 6,953,403 $ 2,897,256 $ 2,125,453 $ 771,802 $ 27% 2,038,423 $ 87,030 $ Operating Income (Loss) (6,007,034) $ (2,502,935) $ (1,723,007) $ 779,928 $ (1,526,852) $ (196,154) $ Capital Outlay 83,478 $ 37,739 $ 26,447 $ 11,291 $ 30% 113,164 $ (86,717) $ Net Income (Loss) (6,090,512) $ (2,540,674) $ (1,749,454) $ 791,220 $ (1,640,016) $ Budget to Actual Prior Year to Date 7 of 21 PWbillingMeridian City Council Meeting Agenda March 27, 2018 – Page 327 of 493 City of Meridian Enterprise Fund Graphs FY2018 for Month Ending 2/28/18 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 FY2008FY2009FY2010FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018 YTD Utility Connection / Assessment Revenue Water Connection Revenue Sewer Connection Revenue 9 of 21 EnterGraphs Meridian City Council Meeting Agenda March 27, 2018 – Page 329 of 493 10 of 21 Utility Meridian City Council Meeting Agenda March 27, 2018 – Page 330 of 493 11 of 21 GeneralFund Meridian City Council Meeting Agenda March 27, 2018 – Page 331 of 493 12 of 21 GenFundGraphs Meridian City Council Meeting Agenda March 27, 2018 – Page 332 of 493 13 of 21 Revenue Meridian City Council Meeting Agenda March 27, 2018 – Page 333 of 493 City of Meridian Community Development Services Year End Change to Fund Balance Forecast FY2018 for Month Ending 02/28/2018 Total Original Budget Total Budget YTD Actual YTD Projected TOTAL DEV. SVCS. REVENUE Commercial Permits 833,000 $ 347,083 $ 457,672 $ 1,098,412 $ All other Permits 3,949,560 $ 1,645,650 $ 2,005,101 $ 4,812,243 $ Planning Revenue 200,000 $ 83,333 $ 201,641 $ 483,938 $ Miscellaneous Revenue -$ -$ 80 $ 192 $ Total Revenues 4,982,560 $ 2,076,067 $ 2,664,494 $ 6,394,785 $ TOTAL DEVELOPMENT SERVICE FUND Revenue 4,982,560 $ 2,076,067 $ 2,664,494 $ 6,394,785 $ PC 1,538,413 $ 641,006 $ 550,922 $ 1,322,213 $ OE 2,249,375 $ 937,239 $ 1,001,848 $ 2,404,435 $ Net Operating to Fund Balance 1,194,772 $ 497,822 $ 1,111,724 $ 2,668,137 $ CO & Interfund Transfers 54,515 $ 22,715 $ 13,155 $ 31,572 $ Total Change to Fund Balance 1,140,257 $ 475,107 $ 1,098,569 $ 2,636,565 $ FY2003 Transfer to Capital Improvement Fund $585,467 FY2004 Transfer to Capital Improvement Fund $799,548 FY2005 Transfer to Capital Improvement Fund $1,897,123 FY2006 Transfer to Capital Improvement Fund $2,815,539 FY2007 Transfer to Capital Improvement Fund $2,172,405 FY2008 Transfer to Capital Improvement Fund $0 FY2009 Transfer to Capital Improvement Fund $0 FY2010 Transfer to Capital Improvement Fund $0 FY2011 Transfer to Capital Improvement Fund $600,722 FY2012 Transfer to Capital Improvement Fund $2,044,914 FY2013 Transfer to Capital Improvement Fund $1,592,539 FY2014 Transfer to Capital Improvement Fund $1,391,676 FY2015 Transfer to Capital Improvement Fund $1,652,245 FY2016 Transfer to Capital Improvement Fund $2,275,054 FY2017 Transfer to Capital Improvement Fund $2,641,404 TOTAL $20,468,636 Projected Transfer 14 of 21 CommDevForecast Meridian City Council Meeting Agenda March 27, 2018 – Page 334 of 493 Inspections Expense City of Meridian Community Development Services Budget to Actual Year to Date Comparisons FY2018 for Month Ending 2/28/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ ADMINISTRATION Personnel Costs 228,418 $ 95,174 $ 42,245 $ 52,929 $ 56% 84,982 $ (42,737) $ Operating Expenses 80,409 $ 33,504 $ 25,337 $ 8,166 $ 24% 15,704 $ 9,633 $ Total PC & OE 308,827 $ 128,678 $ 67,583 $ 61,095 $ 47% 100,687 $ (33,104) $ Interfund Transfers 86,477 $ 36,032 $ 26,086 $ 9,946 $ 28% 28,159 $ (2,073) $ PLANNING Personnel Costs 697,635 $ 290,681 $ 260,762 $ 29,919 $ 10% 228,860 $ 31,903 $ Operating Expenses 41,019 $ 17,091 $ 18,116 $ (1,025) $ -6% 7,727 $ 10,389 $ Total PC and OE 738,654 $ 307,773 $ 278,878 $ 28,894 $ 9% 236,587 $ 42,292 $ BUILDING Personnel Costs 484,249 $ 201,770 $ 198,986 $ 2,785 $ 1% 179,551 $ 19,435 $ Operating Expenses 2,005,656 $ 835,690 $ 945,659 $ (109,969) $ -13% 765,293 $ 180,365 $ Total PC & OE 2,489,905 $ 1,037,461 $ 1,144,645 $ (107,184) $ -10% 944,844 $ 199,800 $ Interfund Transfers (59,451) $ (24,771) $ (24,468) $ (303) $ 1% (23,408) $ (1,060) $ ECONOMIC DEVLP Personnel Costs 128,111 $ 53,380 $ 48,929 $ 4,451 $ 8% 48,156 $ 773 $ Operating Expenses 122,290 $ 50,954 $ 12,735 $ 38,219 $ 75% 23,332 $ (10,597) $ Total PC & OE 250,401 $ 104,334 $ 61,664 $ 42,670 $ 41% 71,488 $ (9,824) $ Interfund Transfers 27,489 $ 11,454 $ 11,537 $ (83) $ -1% 11,734 $ (197) $ TOTAL DEVELOPMENT SERVICE FUND Personnel Costs 1,538,413 $ 641,006 $ 550,922 $ 90,083 $ 14% 541,549 $ 9,373 $ Operating Expenses 2,249,375 $ 937,239 $ 1,001,848 $ (64,608) $ -7% 812,058 $ 189,790 $ Total PC and OE 3,787,788 $ 1,578,245 $ 1,552,770 $ 25,475 $ 2% 1,353,606 $ 199,164 $ Capital Outlay -$ -$ -$ -$ -$ -$ Interfund Transfers 54,515 $ 22,715 $ 13,155 $ 9,560 $ 42% 16,485 $ (3,330) $ NOTE: Interfund Transfers = 25.42% of City Hall costs transfer to Community Development Services Budget to Actual Prior Year to Date City of Meridian Building Department Permit Revenue compared to Building Inspectors Expense FY2018 for Month Ending 2/28/2018 % of Permit Fee Inspectors Gross Revenue Inspector Expense Rev. vs. Exp. that Goes to City Building Inspections 1,563,677 $ 341,036 $ 1,222,642 $ 78% Mechanical Inspections 297,958 $ 182,046 $ 115,912 $ 39% Electrical Inspections 189,193 $ 134,126 $ 55,067 $ 29% Plumbing Inspections 244,364 $ 146,618 $ 97,745 $ 40% Fire Inspections 172,485 $ 122,286 $ 50,199 $ 29% Total 2,467,677 $ 926,111 $ 1,541,565 $ 62% 15 of 21 CommDevMeridian City Council Meeting Agenda March 27, 2018 – Page 335 of 493 16 of 21 CommDevGraphs Meridian City Council Meeting Agenda March 27, 2018 – Page 336 of 493 City of Meridian IMPACT FUND BALANCE as of 2/28/18 Account # Account Description Total Budget - Original Total Budget - Revised Current Year Actual Budget Remaining 2110 - Police Department REVENUES 34777 Impact Rev - Multifamily -$ -$ 31,487$ (31,487)$ 34780 Commercial Impact Revenue 20,000$ -$ 23,790$ (3,790)$ 34781 Residential Impact Revenue 176,436$ -$ 85,096$ 91,340$ 36100 Interest Earnings -$ -$ 1,595$ (1,595)$ Total REVENUES 196,436$ -$ 141,968$ 54,468$ TOTAL EXPENDITURES -$ -$ -$ -$ 2210 - Fire Department REVENUES 34777 Impact Rev - Multifamily -$ -$ 127,848$ (127,848)$ 34780 Commercial Impact Revenue 60,000$ -$ 98,559$ (38,559)$ 34781 Residential Impact Revenue 500,000$ -$ 345,521$ 154,479$ 36100 Interest Earnings -$ -$ 6,380$ (6,380)$ Total REVENUES 560,000$ -$ 578,308$ (18,308)$ 54000 Equipment & Supplies 20,000$ -$ -$ 20,000$ 92000 Cap Outlay - Bldgs & Structures 3,548,000$ 423,500$ -$ 3,971,500$ 94120 Capital - Fire Trucks 718,500$ 26,000$ 51,745$ 692,755$ TOTAL EXPENDITURES 4,286,500$ 449,500$ 51,745$ 4,684,255$ 5200 - Parks & Recreation REVENUES 34777 Impact Rev - Multifamily -$ -$ 178,065$ (178,065)$ 34781 Residential Impact Revenue 1,038,000$ -$ 677,611$ 360,389$ 36100 Interest Earnings 15,000$ -$ 65,554$ (50,554)$ Total REVENUES 1,053,000$ -$ 921,230$ 131,770$ 55102 Investment Services -$ -$ 947$ (947)$ 93415 Borup Property construction 156,699$ -$ 744$ 155,955$ 96925 Keith Bird Legacy Park construction 1,268,970$ (696,726)$ 287,332$ 284,913$ 96927 77 acre South Park 3,585,115$ (276,589)$ 252,145$ 3,056,382$ 96928 Reta Huskey Park 1,104,773$ (902,538)$ 120,036$ 82,199$ 96929 Hillsdale Park Construction 1,311,096$ (762,415)$ 254,951$ 293,730$ -$ TOTAL EXPENDITURES 7,426,654$ (2,638,267)$ 916,155$ 3,872,232$ TOTAL BUDGETED EXPENDITURES for FY2018 11,713,154$ Dept FY2018 beginning fund balance FY2018 net change YTD Fund Balance YTD Police Department $ 1,172,284 141,968$ 1,314,252$ Fire Department $ 5,108,042 526,563$ 5,634,605$ Parks & Recreation $ 6,263,470 5,075$ 6,268,545$ TOTAL IMPACT FUND BALANCE 12,543,797$ 673,606$ 13,217,403$ 17 of 21 ImpactFundMeridian City Council Meeting Agenda March 27, 2018 – Page 337 of 493 18 of 21 OT Meridian City Council Meeting Agenda March 27, 2018 – Page 338 of 493 19 of 21 VolunteersMeridian City Council Meeting Agenda March 27, 2018 – Page 339 of 493 City of Meridian Vacancy Report March 5, 2018 Vacancy Report March 5, 2018 Vacancy Report March 5, 2018 Vacancy Report March 5, 2018 Position Position Position Position Position Number Position Number Position Number Position Number FTE FTE FTE FTE Fund Fund Fund Fund Department Department Department Department HR Status HR Status HR Status HR Status Position Vacant Date Position Vacant Date Position Vacant Date Position Vacant Date Position Posted Position Posted Position Posted Position Posted Date Date Date Date Position Start Position Start Position Start Position Start Date Date Date Date Billing/Account Clerk 170 1 Enterprise MUBS Interviews in Progress 12/15/2017 1/25/2018 Not yet filled Development Analyst I 522 1 Enterprise PW No Request to Fill at this time New position as of 10/01/2017 Not yet requested Not yet filled Public Works Inspector II 520 1 Enterprise PW Accepting Applications New position as of 10/01/2017 11/6/2017 Not yet filled Staff Engineer II 428 1 Enterprise PW Offer Accepted 10/21/2017 11/13/2017 4/6/2018 Water Operator II 487 1 Enterprise PW-Water Accepting Applications 2/21/2018 2/13/2018 Not yet filled Collection System Technician 323 1 Enterprise PW-WW Offer Accepted 8/21/2017 10/9/2017 3/12/2018 Building Maintenance Technician 300 1 General City Hall No Request to Fill at this time 8/25/2017 Not yet requested Not yet filled Fire Education & Prevention Assistant P/t 435 0.5 General Fire Accepting Applications 11/16/2017 11/13/2017 Not yet filled Home Court Facility Specialist 505 0.5 General Parks No Request to Fill at this time New position as of 10/01/2017 Not yet requested Not yet filled Home Court Facility Specialist 506 0.5 General Parks No Request to Fill at this time New position as of 10/01/2017 Not yet requested Not yet filled Recreation Camp Coordinator 507 0.5 General Parks No Request to Fill at this time New position as of 10/01/2017 Not yet requested Not yet filled Senior Maintenance Technician 504 1 General Parks No Request to Fill at this time New position as of 10/01/2017 Not yet requested Not yet filled Code Enforcement Officer 517 1 General Police Applicant selected Withdrew No request to repost at this time New position as of 10/01/2017 Not yet requested Not yet filled Evidence Technician 44 1 General Police Accepting Applications 2/2/2018 2/13/2018 Not yet filled Police Officer 32 1 General Police Background in Progress 10/21/2017 11/16/2017 Not yet filled Police Officer 37 1 General Police Background in Progress 11/2/2017 11/16/2017 Not yet filled Police Officer 336 1 General Police Background in Progress 10/21/2017 11/16/2017 Not yet filled Police Officer 511 1 General Police Background in Progress New position as of 10/01/2017 4/4/2017 Not yet filled Police Officer 512 1 General Police Background in Progress New position as of 10/01/2017 11/16/2017 Not yet filled Police Officer 513 1 General Police Background in Progress New position as of 10/01/2017 4/4/2017 Not yet filled Police Officer 514 1 General Police Background in Progress New position as of 10/01/2017 11/16/2017 Not yet filled Police Officer 515 1 General Police Background in Progress New position as of 10/01/2017 11/16/2017 Not yet filled Police Officer 516 1 General Police Background in Progress New position as of 10/01/2017 11/16/2017 Not yet filled TOTAL FTE TOTAL FTE TOTAL FTE TOTAL FTE 21 21 21 21 20 of 21 VacantPositions Meridian City Council Meeting Agenda March 27, 2018 – Page 340 of 493 Ci t y o f M e r i d i a n In t e r f u n d T r a n s f e r s FY 2 0 1 8 Ef f e c t i v e D a t e Ge n e r a l F u n d Enterprise Fund tr a n s f e r e x p e n s e t o E N T E R P R I S E F U N D ( w a t e r & s e w e r fu n d ) 15 % o f M a y o r ' s O f f i c e p e r s o n n e l c o s t s (e x c e p t M a y o r w a g e & b e n e f i t s ) t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 1 0 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f F i n a n c e e x p e n s e s t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 0 0 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f H R e x p e n s e s t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 0 2 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f I T e x p e n s e s t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 0 4 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f L e g a l e x p e n s e s t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 1 2 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f I T C a p i t a l e x p e n s e t r a n s f e r t o E n t e r p r i s e F u d FY 2 0 1 6 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e tr a n s f e r C i t y H a l l c o s t s t o t h e f o l l o w i n g : 13 % F i r e D e p a r t m e n t i n t h e G e n e r a l F u n d FY 2 0 0 9 t r a n s f e r s a l l i n t h i s f u n d 8. 4 2 % P a r k s & R e c r e a t i o n i n t h e G e n e r a l F u n d FY 2 0 0 9 t r a n s f e r s a l l i n t h i s f u n d 12 . 9 2 % C o m m u n i t y D e v e l o p m e n t i n t h e G e n e r a l F u n d FY 2 0 0 9 t r a n s f e r s a l l i n t h i s f u n d 23 . 0 8 % P u b l i c W o r k s i n t h e E n t e r p r i s e F u n d FY 2 0 0 9 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e Pe r s o n n e l T r a n s f e r s : Bl d g D e p t M g r 5 0 % f r o m B u i l d i n g D e p a r t m e n t t o P u b l i c W or k s F Y 2 0 0 9 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e Ca p i t a l P r o j e c t s M g r 5 0 % f r o m O t h e r G o v t t o P u b l i c W o r k s FY 2 0 0 9 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e Co m m u n i c a t i o n s M g r 5 0 % f r o m O t h e r G o v t t o P u b l i c W o r k s FY 2 0 0 3 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e St r a t e g i c A n a l y s t 50 % f r o m O t h e r G o v t t o P u b l i c W o r k s FY 2 0 1 8 (r e d u c e s e x p e n s e ) increases expense 21 o f 2 1 Transfers Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 3 4 1 o f 4 9 3 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 6N Project/File Number: AP Invoices for Payment - $2,067,824.44 Meetina Notes APPS 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 A-1 STAMP & MABEL'S LABELS Band Replacement for Stamp - Qty 1 20.00 01 General Fund A-1 STAMP & MABEL'S LABELS name badges for planners 60.00 01 General Fund A-1 STAMP & MABEL'S LABELS New Band Assembly to Add Additional Years on Stamp - Qty 1 20.00 01 General Fund A-1 STAMP & MABEL'S LABELS Notary Stamp for Chris Johnson 35.00 01 General Fund ACE AUTO BODY Rear Hatch Repair on Unit #121, Damage Report 1/3/18 1,717.70 01 General Fund ADA COUNTY WEED & PEST CONTROL Gopher Control @ Reta Huskey Park, 2/15/18 33.00 01 General Fund ADVANCE AUTO PARTS Oil for Shop Equipment - Qty 16 64.76 01 General Fund ADVANCE AUTO PARTS RTV Silicon gasket maker for splash pad repairs qty 2 12.86 01 General Fund ADVANCE AUTO PARTS Shocks for fleet truck # 13 - qty 4 114.90 01 General Fund ADVANCE AUTO PARTS Wiper blades for truck # 8 qty 2 15.82 01 General Fund ADVANCE AUTO PARTS Zipties - Qty 2 Pk 17.82 01 General Fund AMERICAN SOC LANDSCAPE ARCHITE #744057, ASLA Membership, K. Warren, 11/1/17-10/31/18 440.00 01 General Fund AUTOMATIC RAIN CO DBA HORIZON Small Engine Equipment Maintenance Parts - Qty 32 166.56 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced 2 Fuses for Pole #47C, 3/7/2018 214.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098,Replaced Lamp, Ballast, Photo Cell, Fuse-Pole 30155C 238.00 01 General Fund BRIAN KERR Refund, B. Kerr, Spring Break Camp Cancelled 209.88 01 General Fund BROWNELLS 45ACP Magazines - Qty 3 130.71 01 General Fund BROWNELLS Rifle Sling, Bore Snake, Bore Brush for Firearms - Qty 7 166.74 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Power Steering Pump-Under Warranty (330.00) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Engine Oil Cooler, Line Leak Repair,Trans & LOF for # 131 342.36 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Battery for Unit # 162 206.09 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Truck# 30, Lic# C19967 49.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 166 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 29 55.00 01 General Fund CABLE ONE 112461900, Cable Service City Hall, 3/16/17-4/15/18 42.00 01 General Fund CALLBACK STAFFING SOLUTIONS, LLC Support Plan Less than 100 Users(Monthly) Charges for this d 39.99 01 General Fund CANYON TRUCK UPFITTERS Hoist Kit & Receiver Hitch for Truck #23 2,893.66 01 General Fund CDW GOVERNMENT Cradlepnt 1100 Rugged Router VZW 675.00 01 General Fund CDW GOVERNMENT Cradlepnt ECM Prime 1 Yr 65.00 01 General Fund CDW GOVERNMENT HP Premium Matte Poly 42in 75ft, HP Univ Bond 36x150 473.83 01 General Fund CDW GOVERNMENT Pulse Service Renewal 1Yr 535.00 01 General Fund CITY OF BOISE IT COMMUNICATIONS ETS Monitoring for Feb 2018 146.26 01 General Fund CITY OF MERIDIAN PETTY CASH Reimburse Cash for U/C Operations, 12/18/17-3/19/17 130.00 Date: 3/22/18 02:40:40 PM Page: 1Meridian City Council Meeting Agenda March 27, 2018 – Page 343 of 493 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 CIVICPLUS INC Rec1 fees for 2/16 - 2/28/18 - not deducted from payment 606.25 01 General Fund CIVIL SURVEY CONSULTANTS 17-0082,Water&Sewer,ACHD,Franklin/Black Cat-Ten Mile - Final 2,666.00 01 General Fund D & B SUPPLY Hoses & fittings for Kleiner Park - qty 12 291.78 01 General Fund DEBEST PLUMBING, INC Men's Room Urinal Repair - PD Admin 457.13 01 General Fund DEBEST PLUMBING, INC Repair Locker Room Shower Drain 316.75 01 General Fund DEBEST PLUMBING, INC Water Heater Annual Maintenance @ PD Admin 115.00 01 General Fund DELL MARKETING L.P.CSP-Office 365 Business Premium Non-Specific 185.25 01 General Fund DELL MARKETING L.P.VLA Bing Maps for Enterprise Services Platform Monthly Subsc 2,552.31 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. 18-0219, New Fleet Build #60 6,086.60 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Remove Radio & Police Equipment from Unit #43 528.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Siren Controller Repair for Unit# 100 236.99 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. SWAT Van Equipment Installation, Vin# B33730 2,635.00 01 General Fund FASTENAL COMPANY Stainless Steel Bolts for Splash Pad @ Settlers Park - Qty 2 3.00 01 General Fund FASTENAL COMPANY Stainless Steel Bolts for Splash Pad @ Settlers Park -Qty 29 12.00 01 General Fund FASTENAL COMPANY Stainless steel nuts & bolts Splash Pad @ Settlers qty 59 12.30 01 General Fund GALL'S INC.Credit Shipping Charges on Orig Inv# 009362724 & 009289414 (90.29) 01 General Fund GALL'S INC.Duty Holsters for 45's - Qty 11 792.00 01 General Fund GLOBAL INDUSTRIAL EQUIPMENT/GLOBAL EQUIPMENT COMPANY steel shelving with bins and hardware 1,097.76 01 General Fund H.D. FOWLER COMPANY Drip Tubing & Fittings for Heroes Park - Qty 154 264.00 01 General Fund HOME DEPOT CREDIT SERVICES Paint to Mark Lines for Training Track - Motors - Qty 3 15.81 01 General Fund HOME DEPOT CREDIT SERVICES Super Glue, Simple Green, Surge Protectors for PD - Qty 15 276.17 01 General Fund IDAHO CHILD SUPPORT RECEIPTING J. Overton, Case# 416457, Child Support March 2018 328.57 01 General Fund IDAHO POWER 2200136188, Parks Power February 2018 12,874.32 01 General Fund IDAHO POWER 2200773816, City Hall Power March 2018 6,449.05 01 General Fund IDAHO POWER 2205054725, Police Power March 2018 3,549.16 01 General Fund IDAHO PRESS-TRIBUNE PH 3/20/18 on Oaks West Subdivision, 3/2/18 56.98 Date: 3/22/18 02:40:40 PM Page: 2Meridian City Council Meeting Agenda March 27, 2018 – Page 344 of 493 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 KATHY DRURY-BOGLE, PHR PO18-0145 BEST Jan 2018 Delivery & Jan/Feb 2018 Development 4,000.00 01 General Fund KAYCEE EMERY Reimb, K. Emery, Lunch for Lunch & Learn with Other Comm Mgr 16.91 01 General Fund KENDALL FORD OF MERIDIAN LOF for Unit# 158 51.50 01 General Fund KENDALL FORD OF MERIDIAN Wheel Centercap for Unit # 165 55.72 01 General Fund L.N. CURTIS AND SONS Beanbag Rounds, Powder Barricade Rounds, OC Vapor, Wand/Hose 1,298.72 01 General Fund LAWN CO MAINTENANCE 18-0289, Price Code #1, Landscape Maint - March 2018 12,372.60 01 General Fund LS REFEREEING Basketball refereeing 2/19 - 3/1/18 40 games 2,180.00 01 General Fund MCLERAN WELL DRILLING, LLC Refund, Bid Bond For Bid# 1814-0104.b 4,659.00 01 General Fund MERIDIAN VETERINARY CLINIC Vet Care for K9 Dory 43.50 01 General Fund MINUTEMAN, INC.Door Latch Maintenance on Sallyport to Intox 105.00 01 General Fund MINUTEMAN, INC.Sallyport to Intox Door Latch Replacement 250.34 01 General Fund MISTER CAR WASH Patrol Car Washes for February 2018 150.00 01 General Fund MODERN PRINTERS Business Cards for MUBS & Finance - Qty 450 12.00 01 General Fund MODERN PRINTERS City Clerk Envelopes - Qty 2000 133.00 01 General Fund MODERN PRINTERS Comment Cards - Qty 750 190.00 01 General Fund MODERN PRINTERS Cutting of Mayor's Walking Club Cards 60.00 01 General Fund MODERN PRINTERS labels for building dept inspectors 3,050.00 01 General Fund MOTIONS DANCE STUDIO Instructor Fee - Cheerleading, Jazz, Tap, Tumbling, Qty52, 1,888.00 01 General Fund NAPA AUTO PARTS Battery Cable Connector for Tree Sprayer - Qty 1 15.10 01 General Fund NAPA AUTO PARTS Wiring Adapter for Spray Tank - Qty 1 32.93 01 General Fund NAPA AUTO PARTS Wiring Adapter to Connect Radar Trailer to Truck 9.24 01 General Fund NW HUMAN RESOURCES CONSULTING Succession Planning Consulting Fees - February 2018 280.00 01 General Fund OFFICE DEPOT, INC.Copy Paper - Qty 2 Cases 51.32 01 General Fund OFFICE DEPOT, INC.E-Ticket Pinter Tape for PD - Qty 2 205.18 01 General Fund OFFICE DEPOT, INC.Forks & File Folders - Qty 5 Pk 15.60 01 General Fund OFFICE DEPOT, INC.Green Circle Labels & Keyboard for C. Johnson - Qty 2 21.94 01 General Fund OFFICE DEPOT, INC.Keyboard/Mse, Crdls, MK55 38.07 01 General Fund OFFICE DEPOT, INC.Pens for Back Table in Council Chambers - Qty 3 13.98 01 General Fund OFFICE DEPOT, INC.Post-Its & Pens - Qty 7 38.21 01 General Fund OFFICE DEPOT, INC.Yellow Circle Labels, 24x100 & 42x150 Paper Rolls - Qty 7 60.87 01 General Fund OFFICE TEAM Temp Labor, J. Hale, w/e 3/2/18, 28.5 Hrs -Records Retention 526.97 01 General Fund ON THE SPOT CLEANERS #15 Dry Cleaning for PD Uniforms for Feb 2018 - Qty 176 Vouchers 880.00 Date: 3/22/18 02:40:40 PM Page: 3Meridian City Council Meeting Agenda March 27, 2018 – Page 345 of 493 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 PLATT ELECTRIC SUPPLY Light bulbs - qty 24 157.80 01 General Fund PLATT ELECTRIC SUPPLY MR16 Light Bulbs - Qty 12 130.03 01 General Fund PLATT ELECTRIC SUPPLY Polygraph Room Light Switch to Replace Motion Switch 2.66 01 General Fund PRECISION PUMPING SYSTEMS City Hall Plaza fountain pump repair 904.00 01 General Fund PRO FORCE LAW ENFORCEMENT Rifles for PD - Qty 5 2,474.80 01 General Fund PRO FORCE LAW ENFORCEMENT Traffic Wands for Patrol Vehicles 252.75 01 General Fund REAL ANIMAL MANAGEMENT 18-0030 Goose Management Feb 2018 2,340.00 01 General Fund REAL ANIMAL MANAGEMENT 18-0030, Goose management - Hillsdale Park Feb 2018 1,290.00 01 General Fund RESOND FIRST AID SYSTEMS OF IDAHO Fill the First Aid Kit in Breakroom on second floor 35.20 01 General Fund REVVED UP MOTORSPORTS Replaced Front Tire for Unit # 52 203.00 01 General Fund ROCKBURY 88 LLC Refund, H-2017-0118, Planning Application, City Unable To Pr 3,837.00 01 General Fund RODDA PAINT COMPANY Paint for Restrooms - Qty 5 Gal 150.00 01 General Fund SAFETY ENTERPRISE, INC.02/28/18 Training: Driving Spring; Noise Exposure, Hand Prot 75.00 01 General Fund SAWTOOTH LAW OFFICES Larkwood Pathway license agreement preparation 2/16/18, 2 hr 400.00 01 General Fund SIGNS, ETC Engraved Tree Signs for Arboretum @ Kleiner Park - Qty 11 199.00 01 General Fund SIGNS, ETC New MPD Letters on Tailgate after Body Work for Unit # 121 75.00 01 General Fund SIMPLEX GRINNELL 18-0033, April 2018 Monthly alarm monitoring all locations 466.74 01 General Fund SIMPLEX GRINNELL Bypassed panel for HVAC repair old City Hall 142.00 01 General Fund SOUND CHOICE, INC.Safety Hearing Tests Qty 29 23.70 01 General Fund SPRINGWISE Refund, C-SIGN-2018-0040, No Permit Required for This Sign T 53.00 01 General Fund SPRINGWISE Refund, C-SIGN-2018-0041, No Permit Required for This Sign T 53.00 01 General Fund SYNCB/AMAZON 2-Cycle Injector Lubricant - Qty 3 629.97 01 General Fund SYNCB/AMAZON 2-Cycle Oil for Lanark Parks Shop - Qty 3 689.97 01 General Fund SYNCB/AMAZON CR for-taxes chrg in error-invoice#6836244 (AP18-0281) (1.56) 01 General Fund SYNCB/AMAZON Marketing Holders Clear Acrylic 5x7 Sign Holder with Busines 26.99 01 General Fund SYRINGA NETWORKS, LLC 18-0041 Dark Fiber (4) Strands - March 2018 1,150.00 01 General Fund SYRINGA NETWORKS, LLC Internet B/W (100MB) March FY18 790.00 01 General Fund Tami J Leach Instructor Fee - Pickleball 101, Qty 5 - 2/8/18-3/1/18 220.00 Date: 3/22/18 02:40:40 PM Page: 4Meridian City Council Meeting Agenda March 27, 2018 – Page 346 of 493 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 TENZINGA Tenzinga Performance Management Annual License Fee 11th of 1 480.00 01 General Fund TERRA ENVIRO CONSULTING, INC.Soil testing & analysis 1,090.00 01 General Fund THE BLIND GALLERY Blinds for Council conference room -work finished Feb 2018 4,000.00 01 General Fund THE CAR PARK Courthouse Parking for Feb 2018 67.00 01 General Fund THE LAND GROUP, INC.Prof Services for Linder Rd Sidewalk Widening Pathway - Feb 197.00 01 General Fund THE UPS STORE Postage to Mail Taser Back for Repair 11.63 01 General Fund TOTAL SYSTEM SERVICES HVAC Inspection to find Cause of Noise, No Issue Found 205.00 01 General Fund TOTAL SYSTEM SERVICES HVAC Repair on RTU-6 @ PSTC - Crankcase Heater Replaced 321.74 01 General Fund TRACY BASTERRECHEA Per Diem, T. Basterrechea, FBI National Academy, Quantico VA 969.00 01 General Fund TREASURE VALLEY COFFEE Coffee & Lids for Training Center - Qty 8 304.10 01 General Fund UNIFORMS 2 GEAR Armor Vest for New Hire - A. Herscowitz 824.80 01 General Fund UNIFORMS 2 GEAR Armor Vest for New Hire - B. Koop 824.80 01 General Fund VINCENT KOONTZ Per Diem, V. Koontz, Alliance for Innovation Conference, Tac 224.00 01 General Fund WESTERN STATES EQUIPMENT CO Annual Generator Maintenance & Inspect for Noise 365.69 01 General Fund XEROX CORPORATION - PASADENA MX4-506016, Copier Lease 02/18 & Copies 1/22/18-2/20/18 538.96 Total 01 General Fund 111,269.25 07 Impact Fund BONNEVILLE BLUE PRINT SUPPLY South Meridian Regiional Park site plan copies qty 104 112.00 07 Impact Fund FASTENAL COMPANY Zipties & UV Adhesive Mounting Pads for Control Panel 23.61 07 Impact Fund GEM ENVIRONMENTAL MGMT Phase I Environmental Site Assessment for Hillsdale 1,100.00 07 Impact Fund PLATT ELECTRIC SUPPLY Conduit Body, Conduit Hangers, Screws for Irr Ctrl - Qty 210 47.68 Total 07 Impact Fund 1,283.29 20 Grant Fund governmental BETHANY GADZINSKI 18-0048, MADC Grant Evaluation on Itemized 2017 Activities 687.50 20 Grant Fund governmental MERIDIAN FOOD BANK 18-0264, Reimburse for Food Purchases for CDBG PY17 16,043.49 20 Grant Fund governmental MONTE STILES, LLC 18-0049, MADC Policy Advocacy Consulting - January 2018 1,250.00 Date: 3/22/18 02:40:40 PM Page: 5Meridian City Council Meeting Agenda March 27, 2018 – Page 347 of 493 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 20 Grant Fund governmental MONTE STILES, LLC 18-0049, MADC Policy Consultant Services - February 2018 1,250.00 Total 20 Grant Fund governmental 19,230.99 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS Stamp Ink Pad Qty 2 15.00 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 18-0293, Eagle Rd, water main emergency (Sediment removal) 1,782.65 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 18-0182 Water Production SCADA services 1/4/18 509.25 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 18-0182 Water Production SCADA Services 11/25/17 to 12/24/17 8,560.95 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 18-0182 Water Production SCADA Services 12/22/17 315.25 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 18-0182 Water Production Services 12/28/17 to 1/24/18 9,651.50 60 Enterprise Fund ANALYTICAL LABORATORIES INC.Reuse testing (3 tests)75.00 60 Enterprise Fund APICS #2053201, Membership Renewal, D. Trevaskis, 4/24/18-4/23/19 220.00 60 Enterprise Fund ASPEN TECHNOLOGY INC 18-0299 AspenTech Premier Support:1:Mtell Previse:11/1/16-10 14,905.00 60 Enterprise Fund ASSOC OF ID PUBLIC WORKS PROF 2018 AIPWP Membership for D. Bolthouse 40.00 60 Enterprise Fund AUTOMATIC RAIN CO DBA HORIZON Kickstand Leg for Snow Plow Qty 1 39.10 60 Enterprise Fund AVAYA, INC.Service Agreements Hardware 236.91 60 Enterprise Fund BOISE RIGGING SUPPLY Chain Sling Qty 1 500.47 60 Enterprise Fund BOWEN COLLINS & ASSOCIATES, INC 17-0319,SCADA System Upgrades, service 12/30-2/2/18 11,173.00 60 Enterprise Fund BOWEN COLLINS & ASSOCIATES, INC 17-0319,SCADA Upgrades, Professional services 2/3-3/2/18 5,206.50 60 Enterprise Fund BROWN & CALDWELL 17-0118,WRRF Facitlities Plan Update FY17, 12/29-1/25/18 13,821.75 60 Enterprise Fund BROWN & CALDWELL 17-0118,WRRF Vacility Plan Update FY17,service 1/26-2/22/18 6,207.50 60 Enterprise Fund BROWN & CALDWELL 17-0335,WRRF Headworks Upgrades,service 10/27-11/23/17 33,062.46 60 Enterprise Fund BROWN & CALDWELL 18-0065,WRRF Capacity Exp.,Eng.services 1/26-2/22/18 37,629.28 60 Enterprise Fund CAREER UNIFORMS Polo Shirts & Logo, J. Rodriquez Qty 5 151.00 60 Enterprise Fund CHALLENGER COMPANIES, INC.16-0301, 16-0302, 17-0240, Lift Stations SCADA - Retainage 10,101.17 Date: 3/22/18 02:40:40 PM Page: 6Meridian City Council Meeting Agenda March 27, 2018 – Page 348 of 493 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 CHALLENGER COMPANIES, INC.18-0022, 18-0162, Lift Station SCADA as of 11/30/17 - Final 2,598.71 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0046, Franklin Rd Sewer & Water Improvements - Final Invo 968.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0258,ACHD Linder/Franklin to RR, services 2/1-2/28/18 11,460.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0023,WRRF Liquid Stream Const.Staking 2/1-2/28/18 750.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0082,Water&Sewer,ACHD,Franklin/Black Cat-Ten Mile - Final 2,549.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0221,Well 30 Pumping Facility Design services 2/1-2/28/18 2,546.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0341,WRRF Headworks,Consulting service 2/1-2/28/18 450.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0366,ACHD Pine Ave-Meridian/Locust,Consult.1/1-1/31/18 7,994.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0366,ACHD Pine/Meridian-Locust,consulting 2/1-2/28/18 3,900.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0167,NW 11th Water Main Rep, survey consult 2/1-28/18 3,227.00 60 Enterprise Fund COLE INDUSTRIAL, INC.Boiler gasket repair kit (10pc)405.89 60 Enterprise Fund COMMERCIAL TIRE Tires & Installation on Lic# C19573 603.64 60 Enterprise Fund CONNECTIONS PROPERTY MGMT Refund, 0315013404, Wat/Sew/Trash, 6026 N Moose Creek Way, P 88.11 60 Enterprise Fund CORE & MAIN LP CPIG, Brass Bushing, PE Tubing Qty 104 167.49 60 Enterprise Fund CORE & MAIN LP Poly Pipe 250 PSI Qty 100 41.00 60 Enterprise Fund D & B SUPPLY 4 inside mount tool boxes for Inspection vehicles 999.96 60 Enterprise Fund D & B SUPPLY Safety boots for Murray Jones 188.99 60 Enterprise Fund DANIL ZAKIROV Refund, 1631343202, Wat/Sew/Trash, 1112 W Fairwood Ct, Custo 61.88 60 Enterprise Fund DC ENGINEERING 17-0102 HMI programming for SCADA (2 hrs) through 2/15/18 220.00 60 Enterprise Fund DC ENGINEERING 17-0405,WRRF Elect.Dist.System design as of 2/15/18 1,500.00 60 Enterprise Fund DEPT OF HEALTH & WELFARE Chlorophyll A testing for NPDES permit (9 tests)675.00 60 Enterprise Fund DIGLINE, INC.Digline Monthly Tickets Qty 673, Feb 2018 1,204.67 60 Enterprise Fund EDGE ANALYTICAL, INC.NPEDS Testing 92.00 60 Enterprise Fund EWING CO., INC.17-0387,WRRF Headworks Upgrades Const Services 2/1-2/28/18 751,063.00 60 Enterprise Fund FASTENAL COMPANY Cold grip gloves, thinsulate gloves, respirator mask (qty19) 288.73 Date: 3/22/18 02:40:40 PM Page: 7Meridian City Council Meeting Agenda March 27, 2018 – Page 349 of 493 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 FASTENAL COMPANY Nitrile gloves-size M & hi-vis cowhide glove (13 qty)94.62 60 Enterprise Fund FASTENAL COMPANY Split lock washer & flat washer for bypass pump (40 qty) 18.12 60 Enterprise Fund FERGUSON ENTERPRISES INC.4 MT C153 90 Bend Qty 1 48.43 60 Enterprise Fund FERGUSON ENTERPRISES INC.Accessory Pack with Gland, Wedge Restriant Gland Qty 2 48.67 60 Enterprise Fund FERGUSON ENTERPRISES INC.Insert Stiffner, Grip Comp Coupling, Tee, Nipple, Bushi-Qty5 130.69 60 Enterprise Fund FERGUSON ENTERPRISES INC.Onelock, Gate Valve, 45 Bend Qty 3 598.02 60 Enterprise Fund FERGUSON ENTERPRISES INC.PVC S40 Soc Cap Qty 6 2.27 60 Enterprise Fund FERGUSON ENTERPRISES INC.Rental of a fusion machine 80.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Strap Saddle Qty 2 90.09 60 Enterprise Fund FISHER SCIENTIFIC BOD probe 983.95 60 Enterprise Fund FISHER SCIENTIFIC Pipette tips for Operations testing, safety glasses,661.55 60 Enterprise Fund GOODWAY TECHNOLOGIES CORP Boiler tube brush w/SS wire bristle (2 qty)39.46 60 Enterprise Fund GRANT MECHANICAL, INC HVAC repair @ digester 4&5 control annex (11.5 reg & 1.5 OT) 4,387.22 60 Enterprise Fund GRANT MECHANICAL, INC Labor to install 2 unit heaters & run new gas line 8,375.00 60 Enterprise Fund HACH COMPANY Flow controller for 5mile creek 4,428.19 60 Enterprise Fund HACH COMPANY Testing supplies for Operations plus ammonia TNT & nutrient 2,178.08 60 Enterprise Fund I. KRUGER INC.Level probe 1200-2600 w/7m (12ft) cable (2 qty)419.82 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business Card J.Rodriquez Qty 500 46.25 60 Enterprise Fund IDAHO POWER 2202131047, WWTP Power - February 2018 49,449.57 60 Enterprise Fund IDAHO POWER 2204228288, Water Power February 2018 26,723.98 60 Enterprise Fund IRMINGER CONSTRUCTION 17-0326,WRRF Boise Outfall,Const. PayApp, 12/1/17-2/28/18 80,428.52 60 Enterprise Fund IRMINGER CONSTRUCTION Collections Equip Bldg gas line install 3/1/18 4,250.00 60 Enterprise Fund JACK HENRY & ASSOCIATES INC Bank Fees - March 2018 576.74 60 Enterprise Fund JONNATHON MAHR Reimb, J. Mahr, Testing Fees & License for WW Treatment Oper 87.00 60 Enterprise Fund JUB ENGINEERS 16-0377,Water&Sewer Rep.,E.State, Eng.serv 12/31/17-2/3/18 4,535.70 60 Enterprise Fund JUB ENGINEERS 17-0021,Well 22 Water Treatment,Eng.services 12/31/17-2/3/18 19,557.50 60 Enterprise Fund JUB ENGINEERS 17-0225,Black Cat Trunk Ph5,Eng service 12/31/17-2/3/18 8,138.25 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Bearings to rebuild PVP pump at primary clarifier 3 (6 qty) 555.45 Date: 3/22/18 02:40:40 PM Page: 8Meridian City Council Meeting Agenda March 27, 2018 – Page 350 of 493 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 KNIFE RIVER 18-0146,Black Cat Trunk Ph5,Const PayApp2 as of 3/6/18 591,527.00 60 Enterprise Fund L2 EXCAVATION, LLC.18-0300, Eagle Rd. Water main emergency, finished repair 96,493.09 60 Enterprise Fund LAWN CO MAINTENANCE 18-0290, Price Code #2, Landscape Maint - March 2018 1,623.45 60 Enterprise Fund LOWE'S Painters Plastic, Drill, Spring Clamps, Drill Bit Qty 5 166.18 60 Enterprise Fund LOWE'S Polymer Hose Qty 6 5.58 60 Enterprise Fund MASTERCARD MC Pre-Pay WW, #0596, Low Balance as of 3/20/18 2,900.00 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Capacity Exp,Inspection services 2/19-3/4/18 5,298.60 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Capacity Exp,Inspections 2/5-2/18/18 5,887.80 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Capacity Exp.Testing services 1/22-2/4/18 4,082.10 60 Enterprise Fund MATTSON DIST CO., INC.Labor & parts to repair pressure washer 548.71 60 Enterprise Fund McCALL INDUSTRIAL SS 90 degree female thread elbow & SS nipple (6 qty)16.80 60 Enterprise Fund MCLERAN WELL DRILLING, LLC Well 15 Pull&Expand Liner,Mat&Labor 3/6/18 7,685.00 60 Enterprise Fund MIDPOINT BEARING Bearings to rebuild pumps 2 & 3 @ S. Black Cat lift st-4 qty 280.51 60 Enterprise Fund MINUTEMAN, INC.Keys and key chain for C18780 - qty 3 10.70 60 Enterprise Fund MODERN PRINTERS Business Cards for MUBS & Finance - Qty 450 50.00 60 Enterprise Fund MODERN PRINTERS Invoice coding labels (10 pads)55.00 60 Enterprise Fund MOUNTAIN HOME AUTO RANCH 18-0155 2018 Ford F250 Regular Cab, Vin# B91954 21,594.60 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0149,Tertiary Filter Bldg Crane,Eng.service thru 2/23/18 1,156.25 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0169,WRRF Centrate Mod.,Design service thru 2/23/18 1,688.94 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Hooks for belt storage in inventory bldg (30 qty)24.60 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.micrometer set for shop 629.19 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.wear resistant putty 62.12 60 Enterprise Fund MURRAY JONES Reimb, M. Jones, Responsible Person Certification Fee 55.00 60 Enterprise Fund MURRAYSMITH INC 17-0141,Water Master Plan Update,Ph2, as of 1/31/18 8,737.50 60 Enterprise Fund MYFLEETCENTER.COM Oil change on Operations truck C12104 29.59 60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change & Air Filter for C18964 69.58 60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change & Air Filter for C19573 50.38 60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change C19969 53.59 60 Enterprise Fund MYFLEETCENTER.COM Singature Oil Change C19982 53.59 60 Enterprise Fund NAPA AUTO PARTS Brake cleaner-not for vehicles (24 qty)47.76 60 Enterprise Fund NAPA AUTO PARTS Cord Reel Qty 1 80.79 60 Enterprise Fund NAPA AUTO PARTS Fuses for Locaters Qty 3 10.29 Date: 3/22/18 02:40:40 PM Page: 9Meridian City Council Meeting Agenda March 27, 2018 – Page 351 of 493 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 NATURES CHOICE Treated Behind Office, 18 Wells, 1 PRV with Herbicides 1,700.00 60 Enterprise Fund O'REILLY AUTO PARTS 1 Gal Car Wash Qty 2 9.98 60 Enterprise Fund O'REILLY AUTO PARTS Gasket maker 7.99 60 Enterprise Fund OFFICE DEPOT, INC.Desk Chair Qty 1 149.99 60 Enterprise Fund OFFICE DEPOT, INC.Wastebasket Qty 2 9.11 60 Enterprise Fund OXARC, INC.18-0091 Sodium Hypochlorite Delivery Qty 1870 3,090.10 60 Enterprise Fund PACIFIC BACKFLOW 18-0051, Backflow Testing 2/26/18 Qty 26 598.00 60 Enterprise Fund PARK PLACE PROPERTY MANAGEMENT Refund, 0808910202, Wat/Sew/Trash, 4662 N Tipton Ave, Renter 90.38 60 Enterprise Fund PLATT ELECTRIC SUPPLY Compression Lug for Well 21 VFD Qty 15 123.55 60 Enterprise Fund PLATT ELECTRIC SUPPLY Compression Lug Qty 12 50.46 60 Enterprise Fund PLATT ELECTRIC SUPPLY Conduit & circuit breaker for Collections Vehicle bldg 308.54 60 Enterprise Fund PLATT ELECTRIC SUPPLY Conduit clip, hanger, coupling, power cord, connector, wire 346.78 60 Enterprise Fund PLATT ELECTRIC SUPPLY Conduit Elbow For Well 21 VFD Qty 1 11.41 60 Enterprise Fund PLATT ELECTRIC SUPPLY Conduit, screw connector & coupling (300 qty)111.35 60 Enterprise Fund PLATT ELECTRIC SUPPLY Credit for Compression Lugs, Qty 13, Orig Inv# Z257995 (90.70) 60 Enterprise Fund PLATT ELECTRIC SUPPLY Credit for Conduit & Couplings, Qty 53, Orig Inv# Z256670 (133.48) 60 Enterprise Fund PLATT ELECTRIC SUPPLY Credit for EMT Elbow, Qty 1, See Orig Inv# Z256670 (14.83) 60 Enterprise Fund PLATT ELECTRIC SUPPLY Plugs, 12-3 SO Cord, Connector, Receptacles, Lug (21 qty) 118.65 60 Enterprise Fund PLATT ELECTRIC SUPPLY Tachometer Counter Qty 1 177.63 60 Enterprise Fund PLATT ELECTRIC SUPPLY Welding Cable, Comp Lugs, Wire, Electrical Tape - Qty 474 1,405.83 60 Enterprise Fund PLATT ELECTRIC SUPPLY Welding Cable, Compression Lugs, Wire for Well 21 VFD Qty 59 102.80 60 Enterprise Fund PLATT ELECTRIC SUPPLY wire, duct tape, clear glide & lug (423 qty)305.18 60 Enterprise Fund RIVERSIDE, INC.Labor & supplies to rebuild machine motor at backwash pump, 394.33 60 Enterprise Fund SECURITY GATE SYSTEMS, LLC Replaced Drive Wheel on Entry Security Gate Admin Bldg 260.00 60 Enterprise Fund SIMPLEX GRINNELL 18-0033, April 2018 Monthly alarm monitoring all locations 105.95 60 Enterprise Fund SOUND CHOICE, INC.Safety Hearing Tests Qty 29 262.45 60 Enterprise Fund SPF WATER ENGINEERING, LLC 17-0316, Well 29 Engineering Services Thru 2/28/18 - Final I 6,439.78 60 Enterprise Fund SUNROC CORPORATION 18-0298, Eagle Rd. water main emergency (backfill stock) 933.23 Date: 3/22/18 02:40:40 PM Page: 10Meridian City Council Meeting Agenda March 27, 2018 – Page 352 of 493 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 SYNCB/AMAZON Book - Financing and Charges for Wastewater Systems 54.00 60 Enterprise Fund SYNCB/AMAZON Book - Water and Wastewater Finance and Pricing 168.91 60 Enterprise Fund SYNCB/AMAZON Dual Pin Lock Set Qty 1 41.81 60 Enterprise Fund SYNCB/AMAZON Gel Pens Blue Qty 1 Dozen 15.56 60 Enterprise Fund SYNCB/AMAZON Licorice for Golf event PWW - Qty 6 Pk 57.42 60 Enterprise Fund SYNCB/AMAZON Replacement battery for Pretreatment camera 5.99 60 Enterprise Fund SYNCB/AMAZON Wireless Trackball Mouse Qty 1 28.00 60 Enterprise Fund THE UPS STORE Samples shipping 83.18 60 Enterprise Fund TIFFANI WINWARD Refund, 1621072002, Wat/Sew/Trash, 2867 N Ridge Haven Way, T 142.53 60 Enterprise Fund ULINE, INC.Flammable storage cabinet 887.29 60 Enterprise Fund USA BLUEBOOK Brass Bal Valves - Qty 4 102.96 60 Enterprise Fund USA BLUEBOOK Disposable Wipes, Inverted Paint Blue & Green, Lens Cleaning 224.45 60 Enterprise Fund USA BLUEBOOK Gauge (3 qty)113.64 60 Enterprise Fund USA BLUEBOOK Meter Gasket & Grinding Wheel Qty 24 528.72 60 Enterprise Fund USA BLUEBOOK Poly Elbow Union Qty 1 20.95 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-658362 Monthly copier lease for Feb 2018 139.20 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741080, Copier Lease 2/18 & Copies 2/5/18-3/1/18 397.60 Total 60 Enterprise Fund 1,936,040.91 Report Total 2,067,824.44 Date: 3/22/18 02:40:40 PM Page: 11Meridian City Council Meeting Agenda March 27, 2018 – Page 353 of 493 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 7 Project/File Number: Items Moved From The Consent Agenda Meetina Notes City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 8A Project/File Number: LimeBike Bike -Share Program Presentation Meeting Notes CD,c l /qt+ L to, �IK © 2017 LimeBike. Proprietary and confidential. Do not distribute. Helping the Treasure Valley Lead in Smart Mobility with Subsidy-Free, Dockless Bike Sharing 1 © 2017 LimeBike. Proprietary and confidential. Do not distribute. Why We’re Building LimeBike We Are Revolutionizing Urban Mobility by Leading the Country in First and Last Mile Transportation Solutions ●More efficient, affordable and healthier transportation; ●Complements existing transit options, reducing congestion and freeing up parking; ●Supports more vibrant local economies; ●Reduces local pollution from short, inefficient trips. © 2017 LimeBike. Proprietary and confidential. Do not distribute. Expensive: costly to purchase and maintain bikes, expensive for users; Inconvenient: docking stations where possible, not based on demand; Inequitable: high costs = slow expansion, limited service for limited customer base. Limitations of traditional station-based bike sharing 3 © 2017 LimeBike. Proprietary and confidential. Do not distribute. With cutting edge smart bikes and no stations, we can serve the entire community and scale a flexible fleet using data to maximize potential program ridership. LimeBike seeks to revolutionize urban mobility with smart, dockless bike sharing programs at no cost to cities. 4 © 2017 LimeBike. Proprietary and confidential. Do not distribute. Greensboro Seattle With our first 500 bikes, we exceeded the City’s old program’s best week ever in a single day South San Francisco Key Biscayne South Bend Tahoe Dallas In the first week, riders logged 2,500 rides Imperial Beach Silver Spring Takoma Park Washington, DC Alameda Aurora North Bay Village Miami Shores Malden Los Angeles Arkansas State University North Carolina State Notre Dame Charlotte Scottsdale Hartford Plano National City Raleigh Holy Cross College St. Mary’s College NC A&T State University Guilford College Durham U of Washington Burlingame Albany Barry University St. Thomas University East Carolina University Bothell Arlington Market Overview: 45 U.S. Markets - 31 Cities - 14 Universities 2 European Cities California State - Northridge El Cerrito San Diego © 2 0 1 7 Li m eBi k e. Pr op r iet ary an d c onf i d en t i al . D o n ot d i st ri b u t e. Gr een sb o r o Se at t l e Wit h o u r f irst 5 0 0 b ike s, we ex c e ed e d t h e Ci t y’s old p r ogr am ’s b e st w e ek ever i n a si n g l e d a y So u t h San Fr an c i sc o K ey Bisc ayn e So u t h B en dTahoe Dal l as In t h e f i r st w e e k, r i d er s log g e d 2,500 r i d e s Im p e rial B eac h Si l ver Sp r i n g Tak o m a Par k W ash in g t o n , D C Alam e d a Au r ora N o r t h Bay Vil l ag e M i am i Sh o r es Mal d e n Lo s An g e l e s A r k an sas St at e Un i versit y N o r t h Car o l i n a St at e N o t r e D am e Ch arl o t t eScottsdale Har t f o rd Pl an o N at i o n al Ci t y Ral eig h Hol y Cro ss Co l l eg e St . M ar y’s Co lleg e N C A &T St at e Un iver si t y Gu i l f o r d Co l l e g e Du r h am U o f W ash in g t o n Bu r l i n g am e Alb an y B ar r y Un i ve r si t y St . Th o m as Un ive r si t y East Ca ro l i n a U n i ver si t y Bot h el l Arl i n g t on M a rk e t Ove r vie w : 4 5 U .S. M a rk e t s -3 1 Ci t ie s -1 4 U n iver sit i e s 2 Eu r o p e a n Ci t i e s Ca l if o r n ia St at e - N o r t hri d g e El Ce r r i t o San D ie g o © 2017 LimeBike. Proprietary and confidential. Do not distribute. What sets LimeBike apart ●No funding required to operate and expand our service; ●Simple, affordable pricing; ●Well-funded, stable American company; ●Nation-leading dockless technology; ●Focused on safety, equity, collaboration. 6 © 2017 LimeBike. Proprietary and confidential. Do not distribute. Find available bikes on our live GPS map Unlock bikes with QR code or plate number Lock the back wheel to end the ride Easily track and pay for each ride Riders easily Locate, Unlock, Ride, and Pay New technology allows us to create seamless bike sharing experience 1 7 2 3 4 © 2017 LimeBike. Proprietary and confidential. Do not distribute. 4 Safe, Reliable & Smart Our specially designed bikes are CPSC & ISO certified, and safe and comfortable to ride. 1 2 3 4 5 6 1.Green: Solar panel charges battery supply; 2.Smart IoT Technology: 3G/GPS enabled, mobile-app synced smart lock. 3.Safety-Tested: Wider tires, drum brakes, bright color, lights, and frame tested with 880 lbs of load and CPSC certified. 4.Low Maintenance: Airless tires and durable parts to withstand elements and frequent use. 5.Easier to Ride: Lighter frame (vs dock-based bikes) for easier use. 6.1, 3, and 8-speeds for more widespread usability. 8 © 2017 LimeBike. Proprietary and confidential. Do not distribute. Lime-E 9 Pedal Assist Electric Bikes MAX RANGE: 62 miles MAX SPEED: 14.8 MPH PRICE FOR USERS: $1 basic unlocking fee $1 for every 10 mins Why go electric? •Lime-E senses the torque being put on the pedals and adds just the right boost to help you get where you’re going quickly and effortlessly. •No strain. No sweat. Just a simple, cost effective way to turn the last mile into the last several miles, even over the hilliest campus terrain. © 2017 LimeBike. Proprietary and confidential. Do not distribute. MAX RANGE: 37 miles MAX SPEED: 14.8 MPH PRICE FOR USERS: $1 unlocking fee $1/10 mins Lime-S 10 LimeBike Electric Scooter Hop on and ride! Smaller and more agile than a bike, Lime-S is a new, convenient mobility option for anyone looking to zip around the city pedal-free. Requiring less parking space, let’s be honest; it’s also just incredibly fun to ride. © 2017 LimeBike. Proprietary and confidential. Do not distribute. PAY AS YOU GO $1 / 30 min. No hidden charges such as going over an initial time block or not docking a bike. MONTHLY MEMBERSHIP $30 for 100 rides User will pay additional $0.50 for all rides exceeding 30 minutes limit. STUDENTS / CAMPUS 50% Off Students and university affiliated groups will enjoy half price on above pricing structure. Affordable Pricing Plans to make biking a daily habit and increase ridership LOW INCOME 50% Off LimeBike partners with low-income providers to give people ½ off standard pricing. 10 © 2017 LimeBike. Proprietary and confidential. Do not distribute. Managing dockless operations Operations: We hire a local operations team to actively manage the fleet, rebalance bikes and respond to any support calls. Customer Service: We maintain 24 hour customer service and respond to urgent issues within 2 hours during regular business hours. On-the-ground team led by a local General Manager Fleet management: Our team will rebalance under- utilized bikes to meet higher demand and ensure distribution covers service area. Maintenance: We cover all maintenance and routine checks of bikes. 12 © 2017 LimeBike. Proprietary and confidential. Do not distribute. Our approach to smart parking ●Educate users on legal bike parking; ●In-app instructions on how & where best to park; ●Geo-fence existing legal parking area in our app; ●Reward riders for parking properly; ●Partner with cities to develop more bike- friendly parking; ●…Worst case, our operations team will respond to parking concerns. Available Bikes Recommended Parking Spots © 2017 LimeBike. Proprietary and confidential. Do not distribute. ●Free of docking stations, the optimal bike sharing program can be designed based on usage and actual bike demand data; ●We estimate having 1 bike per 100 residents and can serve the entire community; ●We share our data with cities for smarter mobility planning. We use data to make city mobility smarter 14 © 2017 LimeBike. Proprietary and confidential. Do not distribute. LimeBike Service to Seattle's Columbia City 15 ●Columbia City is one of Seattle's most ethnically & economically diverse neighborhoods ●Within days of launch, 20-30% of LimeBikes were in areas Pronto never served - including Columbia City at no taxpayer cost © 2017 LimeBike. Proprietary and confidential. Do not distribute. 16 We invest in your Community We engage with local businesses, schools, officials, and associations to nurture long-lasting partnerships leveraging: ●local press ●street teams and events ●social media ●and online ads to educate, promote, and empower local champions and enable the change we all want to see. © 2017 LimeBike. Proprietary and confidential. Do not distribute. Experienced and funded Experienced team ●US-based and HQd in Silicon Valley; ●Leadership team from top universities; ●Experienced team in tech, local and federal government. ●Members - North American Bike Share Association ●Business Council - U.S. Conference of Mayors Financial Stability ●Backed by Tier-1 Silicon Valley VC Firms led by Andreessen Horowitz; ●>$100M in Series A & B financing gives us the unique ability to invest in technology and bikes, laying foundation for successful programs; ●Self-sustaining and well-documented long- term financial model. 16 © 2017 LimeBike. Proprietary and confidential. Do not distribute. 18 Our Approach April 2018 launch ●No-cost to any jurisdiction ●Dockless bikes, ebikes, scooters ●Shared data for all participating cities ●Optimize the system for the Treasure Valley ●LimeBike manages all operations and outreach (in collaboration with each City). © 2017 LimeBike. Proprietary and confidential. Do not distribute. Thank You Gabriel Scheer gabriel@limebike.com 206.391.5433 Megan Colford megan@limebike.com 208.608.3667 We are eager to serve residents and visitors of the Treasure Valley. 17 The Year End Report 12.19.2017 Meridian City Council Meeting Agenda March 27, 2018 – Page 355 of 493 Contents 28LimeBike Across America 24Washington D.C. 20South Bend 16Dallas 12Seattle 05LimeBike in the USA 03Introduction Meridian City Council Meeting Agenda March 27, 2018 – Page 356 of 493 In 2017, LimeBike launched with one goal in mind: to improve the way Americans get around in cities and on college campuses across the country. To do that, we developed a fleet of 3G, GPS-enabled dockless smart bikes and worked with community partners to distribute them in over 30 markets from Seattle to Miami. The core of our business has always revolved around three tenets of cycling: accessibility, affordability, and sustainability. The LimeBike Year End Report is an in-depth look at how those principles are changing the urban mobility landscape in cities and universities throughout the US, and what the statistics tell us about the future of first and last mile transportation both at home and around the world. In this effort, we’ve partnered with the business intelligence team at Chartio to analyze the wealth of data we’ve collected since our inaugural launch at UNC Greensboro in June. We couldn’t be more excited to share the results of our efforts with you in this report, which constitutes the first quantitative and qualitative review of dockless bike sharing in the United States. Thank you for helping us to reach these incredible milestones, and for making us the US leader in dockless bike sharing! Bringing Dockless Bike Sharing to the US Introduction 03 Meridian City Council Meeting Agenda March 27, 2018 – Page 357 of 493 04 LimeBike launches In 2017, LimeBike builds on the dockless bike sharing model, working hand in hand with cities and universities to effectively reinvent last-mile transportation in the US. Growing pains After a year of explosive growth, dockless bike sharing systems in Asia show promise and problems. Cities are littered with thousands of confiscated bikes. Going dockless In 2015, Chinese startups develop a new bike sharing model without the use of docking stations. Bikes can now be picked up and dropped off anywhere. Global adoption By 2013, an estimated 700,000 public bikes are on the road worldwide in places like the US, Canada, Mexico, Australia, Argentina, and the UK. French beginnings In 2005, Lyon launches the world’s 1st large-scale modern bike sharing system with stations spread throughout the city. Two years later, Paris follows suit. !! ! Brief history of bike sharing Meridian City Council Meeting Agenda March 27, 2018 – Page 358 of 493 LimeBike in the USA The numbers behind the dockless bike sharing revolution Meridian City Council Meeting Agenda March 27, 2018 – Page 359 of 493 06 Saving Money vs. Cars and Rideshares In one year, drivers replacing just one day of driving per week with LimeBike are saving $1000 Rideshare commuters replacing 1 mile per work day with LimeBike are How LimeBike is impacting cities LimeBike in the USA $19+ less per day than driving $5-$7 less per mile than ride sharing LimeBike costs, on average $ saving $1,300-$1,800 annually Meridian City Council Meeting Agenda March 27, 2018 – Page 360 of 493 07 How LimeBike is impacting cities LimeBike in the USA 57 12 14 37 Boosting the Local Economy Nearly 25% of urban riders are using LimeBike to access popular shopping and entertainment districts. This means more money being spent at local businesses around town Increasing Access to Public Transit In our top urban markets nationwide, 40% of rides start or stop at public transit stations This is a proof point that people are relying on LimeBike as their first and last mile transportation solution Meridian City Council Meeting Agenda March 27, 2018 – Page 361 of 493 08 DVDLEY MEMORIAL BVILDING Building good habits8 out of 10 college students who try LimeBike choose to use it repeat- edly, meaning the large majority of students are making LimeBike a regular part of their lifestyle! Mobilizing students Thanks to incentives like reduced fees, the number of trips per active stu- dent LimeBike rider is 54% higher than the national average! Connecting the campus Rides at college tend to be 30% shorter than the national average, covering those all-important daily trips to class across campus. LimeBike in the USA How LimeBike is impacting schools DVDLEY MEMORIAL BVILDING FRANKLIN McCAIN HALL Meridian City Council Meeting Agenda March 27, 2018 – Page 362 of 493 09 FRANKLIN McCAIN HALL Average riding time is 7:25 min, covering 0.99 miles LimeBike is helping to solve first and last-mile transportation problems across the US LimeBike in the USA National adoption 1,000,000 rides in under 6 months 60% national retention rate A large majority of first time LimeBike riders choose to make our dockless bike sharing service a regular part of their mobility lifestyle. 1.5+ trips to the moon and back 25+ laps around the earth Meridian City Council Meeting Agenda March 27, 2018 – Page 363 of 493 10 18,300,000 calories burned riding LimeBikes 100 acres of forest 14,000 trees saved 700 full-size SUV’s 330,000 lbs of CO2 saved 17,100 gallons of gas saved CO2 LimeBike in the USA Making a difference enough to fill enough to fill Meridian City Council Meeting Agenda March 27, 2018 – Page 364 of 493 LimeBike is active in more than 30 markets across the US, and has recently launched programs in Zurich, Switzerland and Frankfurt, Germany as well! LimeBike in the USA 11 Meridian City Council Meeting Agenda March 27, 2018 – Page 365 of 493 PUBLIC MARKET CENTRE Seattle Helping the Emerald City stay healthy and green Meridian City Council Meeting Agenda March 27, 2018 – Page 366 of 493 13 Average riding time is 7:30 min, covering 1mile LimeBike is helping to solve first and last-mile transportation problems in Seattle! 45% of all trips start or end near a public transit station Less traffic on Seattle roadways LimeBike is helping Seattle residents drive less and access more public transportation! 57 12 14 37 39% of all rides 54% of riders use LimeBike during the evening rush hour = 8% of all rides 11% of riders use LimeBike during the morning rush hour = Seattle 103,000 active riders in 5 months LimeBike is helping reduce traffic on Seattle roadways! Meridian City Council Meeting Agenda March 27, 2018 – Page 367 of 493 14 4,800 trees saved 12,000 Big Macs 9 laps around the earth 119,000 lbs of CO2 saved 220,000 cumulative miles ridden 6,600,000 calories burned riding LimeBikes CO2 Helping the Emerald City stay green! Seattle equivalent to equivalent to Meridian City Council Meeting Agenda March 27, 2018 – Page 368 of 493 15 Community shoutouts Seattle - Joe Laubach, Facebook “I've got 87 LimeBike rides to date. Maybe I'll hit 100 before the end of the year??” - Laura Key, Facebook “In Seattle today! Love seeing Lime Bike here too!!!” - Marco Ramius, Twitter “@limebike thanks for a great tour of Seattle. You were so easy to use for a one day visitor. Please come to NYC!” - Vonte, Instagram “Seattle was perfect, ate clam chowder, went to the Space Needle and Pike Place Market but this kid is going back to Cali!” - Caleb Ellington, Instagram “This is my season 3 audition @strangerth- ingstv” - Bekah, Instagram “I should rent one of these bikes and pedal along the shoreline.” Meridian City Council Meeting Agenda March 27, 2018 – Page 369 of 493 Dallas Connecting the Big D from Deep Ellum to Oak Cliff Meridian City Council Meeting Agenda March 27, 2018 – Page 370 of 493 LimeBike is helping reduce traffic on Dallas roadways! 17 Less traffic on Dallas roadways And Dallas rides longer than any other LimeBike community! Average riding time is 9:45 min, covering 1.3 miles LimeBike is helping to solve first and last-mile transportation problems in Dallas 20% of all trips start or end near a public transit station LimeBike is helping Dallas residents drive less and access more public transportation! 57 12 14 37 39% of all rides 51% of riders use LimeBike during the evening rush hour = Dallas 45,000 active riders in 4 months Meridian City Council Meeting Agenda March 27, 2018 – Page 371 of 493 18 2,300 trees saved 5,600 Big Macs 4.2 laps around the earth 57,000 lbs of CO2 saved 105,000 cumulative miles ridden 3,150,000 calories burned riding LimeBikes CO2 Helping the Big D stay green! Dallas equivalent to equivalent to Meridian City Council Meeting Agenda March 27, 2018 – Page 372 of 493 19 Community shoutouts - Hillary Nicole, Facebook “Its convenient because you don't have to find a station to park it to end your ride. Everything is done with the app!” - JD Sessler, Facebook “These are the best bikes to rent, the bikes are great quality and the app works really well.” - Nicole Gordon, Facebook “So now at the fabulous age of 42 I’ll be learning how to ride this damn LimeBike!” - Priscilla Valdez, Instagram “Sure let’s ride bikes downtown #limebike” - Alessandro Rafanelli, Instagram “Fun with bike rigging in #dallastexas around pedestrian bridge, and exploring and shooting #bishopartsdistrict” - Shawn Lawson, Instagram “The only way dancers ride around the city! @limebike” Dallas Meridian City Council Meeting Agenda March 27, 2018 – Page 373 of 493 South Bend Improving mobility for students and residents Meridian City Council Meeting Agenda March 27, 2018 – Page 374 of 493 LimeBike is helping reduce traffic on South Bend roadways! 21 Average riding time is 5:50 min, covering 0.8miles LimeBike is helping to solve first and last-mile transportation problems in South Bend! 11% of all trips start or end near a public transit station Less traffic on South Bend roadways LimeBike is helping South Bend residents drive less and access more public transportation! 57 12 14 37 22% of all rides 48% of riders use LimeBike during the evening rush hour = 21% of all rides 45% of riders use LimeBike during their lunch break = South Bend 27,000 active riders in 5 months Meridian City Council Meeting Agenda March 27, 2018 – Page 375 of 493 22 Helping South Bend stay green! 1,900 trees saved 4,500 Big Macs 3.5 laps around the earth 46,000 lbs of CO2 saved 85,000 cumulative miles ridden 2,600,000 calories burned riding LimeBikes CO2 South Bend equivalent to equivalent to Meridian City Council Meeting Agenda March 27, 2018 – Page 376 of 493 23 Community shoutouts South Bend - Ken Lewton, Instagram “Great new option for getting around our community.” - Rachel O, Instagram “Nothing like some lunchtime cardio on a cooler August day!” - Heather Schmitt-Gonzalez, Instagram “I'm fascinated by the places I see Lime Bikes hanging out around town!” - Sam Centellas, Twitter “Doing my share... parking my car at 11am and rode a bike to three different locations #LimeBike” - Cathy Hall, Twitter “Having some Halloween fun @Anthony- Travel, we dressed as @LimeBike” Meridian City Council Meeting Agenda March 27, 2018 – Page 377 of 493 Washington D.C. Breaking up urban gridlock on Capitol Hill Meridian City Council Meeting Agenda March 27, 2018 – Page 378 of 493 LimeBike is helping reduce traffic on Washington DC roadways! 25 Average riding time is 8:30 min, covering 1.1miles LimeBike is helping to solve first and last-mile transportation problems in D.C. 50% of all trips start or end near a public transit station Less traffic on Washington D.C. roadways LimeBike is helping D.C. residents drive less and access more public transportation! 57 12 14 37 39% of all rides 57% of riders use LimeBike during the evening rush hour = 20% of all rides 33% of riders use LimeBike during the morning rush hour = Washington D.C. 16,600 active riders in 3 months Meridian City Council Meeting Agenda March 27, 2018 – Page 379 of 493 26 800 trees saved 2,000 Big Macs 1.5 laps around the earth 19,500 lbs of CO2 saved 36,000 cumulative miles ridden 1,100,000 calories burned riding LimeBikes CO2 Helping our nation’s capital stay green! Washington D.C. equivalent to equivalent to Meridian City Council Meeting Agenda March 27, 2018 – Page 380 of 493 27 Community shoutouts Washington D.C. - Elizabeth Stockton, Twitter “Best way to zip around DC between meetings and enjoy the beautiful fall weather? Hop on a @limebike” - Victoria Chamberlin, Twitter “I've taken @LimeBike a few times this week to save time on my 20 min walk to the metro. It's great!” - Ivo Johnson, Instagram “Why join an expensive cycling class when you can ride a @limebike for $1?” Ayee!!! - Sabrina, Instagram “Spotted a @limebike in front of my place. Looking forward to my first ride.” - Chloe Slingluff, Instagram “Loving the limebike's in town, went on my first ride today :) oh yeah be nice to them!” - Joy, Instagram “enJOY!! With cool, fall days come great days to bike ride @limebike with a great cup of @mcdonalds coffee!” Meridian City Council Meeting Agenda March 27, 2018 – Page 381 of 493 LimeBike Across America Our growing community by the numbers Meridian City Council Meeting Agenda March 27, 2018 – Page 382 of 493 29 4,800 trees saved Council District 15 4,150 lbs of CO2 saved CO2 7,700 cumulative miles ridden Average riding time is 8:00 min, covering 1.06 miles LimeBike is helping to solve first and last-mile transportation problems in Los Angeles! 5,000 active riders in 1 month Los Angeles 230,000 calories burned Meridian City Council Meeting Agenda March 27, 2018 – Page 383 of 493 30 Y N O LOC HOTEL boullev ard HOTEL 310 trees saved 7,425 lbs of CO2 saved CO2 13,750 cumulative miles ridden 411,300 calories burned Average riding time is 7:40 min, covering 1.02 miles LimeBike is helping to solve first and last-mile transportation problems in Miami! 8,100 active riders in 6 months Miami Shores/North Bay Village/Key Biscayne Miami Meridian City Council Meeting Agenda March 27, 2018 – Page 384 of 493 31 353 trees saved 2,018 lbs of CO2 saved CO2 3,847 cumulative miles ridden 115,414 calories burned Average riding time is 6:93 min, covering 0.92 miles LimeBike is helping to solve first and last-mile transportation problems in Boston! 2,291 active riders in 2 months Malden/Boston Metro Area Boston Meridian City Council Meeting Agenda March 27, 2018 – Page 385 of 493 32 350 trees saved 8,600 lbs of CO2 saved CO2 15,900 cumulative miles ridden 480,000 calories burned Average riding time is 7:45 min, covering 1.04 miles LimeBike is helping to solve first and last-mile transportation problems in San Diego! 8,500 active riders in 3 months Imperial Beach/National City San Diego Meridian City Council Meeting Agenda March 27, 2018 – Page 386 of 493 33 120 trees saved 2,900 lbs of CO2 saved CO2 5,300 cumulative miles ridden 160,000 calories burned Average riding time is 8:20 min, covering 1.10 miles LimeBike is helping to solve first and last-mile transportation problems in Denver! 2,950 active riders in 2 months Aurora Denver Meridian City Council Meeting Agenda March 27, 2018 – Page 387 of 493 160 trees saved 3,825 lbs of CO2 saved CO2 7,100 cumulative miles ridden 212,000 calories burned Average riding time is 9:45 min, covering 1.30 miles LimeBike is helping to solve first and last-mile transportation problems in Phoenix! 3,600 active riders in 1 month 34 Scottsdale Phoenix Meridian City Council Meeting Agenda March 27, 2018 – Page 388 of 493 35 85 trees saved 2,100 lbs of CO2 saved CO2 3,800 cumulative miles ridden 131,200 calories burned Average riding time is 8:30 min, covering 1.13 miles LimeBike is helping to solve first and last-mile transportation problems in Charlotte! 2,175 active riders in 1 month Charlotte Meridian City Council Meeting Agenda March 27, 2018 – Page 389 of 493 36 1,175 trees saved 28,900 lbs of CO2 saved CO2 53,300 cumulative miles ridden 1,600,000 calories burned Average riding time is 5:55 min, covering 0.79 miles LimeBike is helping to solve first and last-mile transportation problems in the North Carolina! 28,000 active riders in 6 months Raleigh/Durham/Greensboro Meridian City Council Meeting Agenda March 27, 2018 – Page 390 of 493 37 125 trees saved 3,000 lbs of CO2 saved CO2 5,500 cumulative miles ridden 164,200 calories burned Average riding time is 4:30 min, covering 0.60 miles LimeBike is helping to solve first and last-mile transportation problems in the Jonesboro! 3,600 active riders in 2 months Arkansas State University Jonesboro Meridian City Council Meeting Agenda March 27, 2018 – Page 391 of 493 38 775 trees saved 19,100 lbs of CO2 saved CO2 35,200 cumulative miles ridden 1,100,000 calories burned Average riding time is 7:20 min, covering 0.98 miles LimeBike is helping to solve first and last-mile transportation problems in the Bay Area! 22,250 active riders in 4 months Alameda/South San Francisco Bay Area Meridian City Council Meeting Agenda March 27, 2018 – Page 392 of 493 At LimeBike, our goal is to deliver smart mobility solutions to communities across the country and around the world. We’re amazed by what our community has been able to accomplish in just six short months, and we couldn’t be more excited to discover what next year has in store! To join the urban transportation revolution, click here and vote to bring the US leader in dockless bike sharing to your city! Meridian City Council Meeting Agenda March 27, 2018 – Page 393 of 493 Service Agreement MOU - Bike Sharing Services This Memorandum of Understanding (MOU) is made this ____(day) of _______(month) 2018, by and between the City of [ ] ("City") and Neutron Holdings, Inc. DBA LimeBike ("LimeBike"). RECITALS 1. A goal of City is to provide safe and affordable multi-modal transportation options to all residents, reduce traffic congestion, and maximize carbon free mobility. 2. Bike share and related services are a component to help the City achieve its transportation goals and the City desires to make bike share services available to residents and those who work in the City. 3. LimeBike is a qualified provider of bike share and related mobility products and services and proposes to operate a bike share program within the City. 4. LimeBike will abide by all city ordinances and rules governing the use of public space to efficiently and effectively provide bike share services. 5. LimeBike possesses GPS, 3G, and self-locking technology in its bike fleet such that bikes may be locked and opened by users with an app and tracked to provide for operations and maintenance. Agreement 1. Use of City Property. City authorizes LimeBike to use city property solely for the purposes set forth in Section 2 of this Agreement. This authorization is not a lease or an easement, and is not intended and shall not be construed to transfer any real property interest in City Property. 2. Permitted Use. LimeBike customers may use city property solely for parking of bicycles owned and maintained by LimeBike for use in the bike share program. LimeBike shall not place or attach any personal property, fixtures, or structures to City Property without the prior written consent of City. a. Use of city property, and LimeBike's operations within the City, shall, at a minimum: a) not adversely affect City Property or the City's streets, or sidewalks; b) not adversely affect the property of any third parties; c) not inhibit pedestrian or vehicular movement within city property or along other property or rights-of-way owned or controlled by the City) not create conditions which are a threat to public safety and security. b. Upon termination of this MOU by either party, LimeBike shall, at its sole cost and expense, immediately remove its property from city property. c. For the purposes of this Agreement, “bicycles” or “bikes” may refer to standard pedal bicycles, electric assist model bicycles, and/or related mobility products such as shared electric scooters. Meridian City Council Meeting Agenda March 27, 2018 – Page 394 of 493 3. Bike parking. The City, at its own discretion, will support the bike sharing program with the installation of bike racks and/or painted bike parking spots, and recommended bike parking spots without racks or painting, in the City to assist with the orderly parking of bikes throughout the City. 4. Condition of City Property a. City makes city property available to LimeBike in an "as is" condition. City makes no representations or warranties concerning the condition of city property or its suitability for use by LimeBike or its customers, and assumes no duty to warn either LimeBike or its customers concerning conditions that exist now or may arise in the future. b. City assumes no liability for loss or damage to LimeBike's bikes or other property. LimeBike agrees that City is not responsible for providing security at any location where LimeBike's bikes are stored or located, and LimeBike hereby waives any claim against City in the event LimeBike's bikes or other property are lost or damaged. 5. Maintenance and Care of portion of City Property: LimeBike expressly agrees to repair, replace or otherwise restore any part or item of real or personal property that is damaged, lost or destroyed as a result of the LimeBike's use of City Property. Should the LimeBike fail to repair, replace or otherwise restore such real or personal property, LimeBike expressly agrees to pay City's costs in making such repairs, replacements or restorations. 6. Operations & Maintenance. LimeBike will cover all maintenance costs for the bike fleet and maintenance to minimum level of service and reporting outlined in Exhibit A. 7. Indemnification. LimeBike shall defend, pay, indemnify and hold harmless City, its officers, officials, employees, agents, invitees, and volunteers (collectively "City Parties") from all claims, suits, actions, damages, demands, costs or expenses of any kind or nature by or in favor of anyone whomsoever and from and against any and all costs and expenses, including without limitation court costs and reasonable attorneys' fees, resulting from or in connection with loss of life, bodily or personal injury or property damage arising directly or indirectly out of or from or on account of: a. Any occurrence upon, at or from City Property or occasioned wholly or in part by the entry, use or presence upon City Property by LimeBike or by anyone making use of City Property at the invitation or sufferance of LimeBike, except such loss or damage which was caused by the sole negligence or willful misconduct of City. b. Use of LimeBike's bikes by any individual, regardless of whether such use was with or without the permission of LimeBike, including claims by users of the bikes or third parties. 8. Insurance. LimeBike shall procure and maintain for the duration of this agreement insurance against claims for which LimeBike has indemnified the City pursuant to Section 5 of this Agreement. LimeBike shall maintain General Liability limits no less than One Million and no/100 Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury and property damage, and in the sum of One Million and no/100 Dollars ($1,000,000.00) for injury to or death of more than one person for each occurrence. Meridian City Council Meeting Agenda March 27, 2018 – Page 395 of 493 Each insurance policy shall name the City as an additional insured and it shall be endorsed to state that: (i) coverage shall not be suspended, voided, or cancelled by either party, or reduced in coverage or in limits except after thirty (30) calendar days prior written notice by certified mail, return receipt requested, has been given to City; and (ii) for any covered claims, the LimeBike's insurance coverage shall be primary insurance as respects the City and any insurance or self-insurance maintained by the City shall be in excess of the LimeBike's insurance and shall not contribute with it. The insurance required to be provided herein, shall be procured by an insurance company approved by City, which approval shall not be unreasonably withheld. 9. Compliance with Law. LimeBike at its own cost and expense, shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities applicable to its use of City Property and the operation of its bike share program, including but not limited to laws governing operation of bicycles. If any license, permit, or other governmental authorization is required for LimeBike's lawful use or occupancy of City Property or any portion thereof, LimeBike shall procure and maintain such license, permit and/or governmental authorization throughout the term of this agreement. City shall reasonably cooperate with LimeBike, at no additional cost to City, such that LimeBike can properly comply with this Section and be allowed to use City Property as specified in Section 3, above. 10. Required Reports. LimeBike shall provide reports free of charge to the City concerning utilization of its bikes and bike route usage not less than quarterly, and shall cooperate with the City in the collection and analysis of aggregated data concerning its operations. 11. No Joint Venture. Nothing herein contained shall be in any way construed as expressing or implying that the parties hereto have joined together in any joint venture or liability company or in any manner have agreed to or are contemplating the sharing of profits and losses among themselves in relation to any matter relating to this MOU. 12. Term. This agreement shall commence on ________________, 20__, (the "Commencement Date") and shall expire on the date that is Three (3) years after the Commencement Date unless earlier terminated pursuant to Section 14, below. 13. Termination. This MOU may be terminated prior to the expiration date set forth in Section 13, above, upon the occurrence of any of the following conditions: a. Upon delivery of written notice from City to the LimeBike terminating this agreement for any reason, or for no reason, by giving at least sixty (60) days' notice to the LimeBike of such termination. b. An attempt to transfer or assign this agreement. LimeBike shall not terminate this agreement without first by giving at least 180 days' written notice of plans for termination. 14. Amendment. This MOU may be amended by mutual agreement of the parties. Such amendments shall only be effective if incorporated in written amendments to this agreement and executed by duly authorized representatives of the parties. 15. Permits. The City shall notify LimeBike of any local permits required, if any, of the Meridian City Council Meeting Agenda March 27, 2018 – Page 396 of 493 company for its local operation. 16. Applicable Law and Venue. The laws of the [ ] shall govern the interpretation and enforcement of this MOU. 17. Counterparts. This agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 18. Fleet Management. Bike shall be "smart bikes" which allow the bike itself to be tracked by GPS or other installed devise in order to manage the fleet's operations. Executed the day and year first above written, by the parties as follows: Neutron Holdings, dba LimeBike: By: _________________________________ Name: ______________________________ Title: _____________________________ City of [ ]: By: _________________________________ Name: ______________________________ Title: _____________________________ Meridian City Council Meeting Agenda March 27, 2018 – Page 397 of 493 Exhibit A Description of LimeBike’s Service Level Agreement The following performance indicators shall be met and reported to help the City measure our success serving its citizens and improving the livability and mobility of [ ]. LimeBike will maintain its bikes to be in an excellent state of cleanliness and repair, with a minimum of 90% of deployed bikes operable at any time. Performance Indicator Description Measurement Tool Minimum Performance Standard Reporting Frequency App & customer service support portal LimeBike reservation system fully operational Uptime reporting 99.5% uptime. quarterly Bicycle distribution Maps identifying trends in peak bike distribution Maps showing aggregate usage patterns Fleet will focus on serving the City of [ ] quarterly Bicycles in service Bikes in service Daily uptime reports Deploy and maintain a minimum of [ ] bicycles in service in any calendar month. Bicycles will be phased into deployment over a 6 week period and can be increased based on usage and demand. quarterly Report- responsive Response time to improper bike parking / other problems communicated to Customer Service Time relative to report logs Within two (2) hours during business hours between 8am to 8pm Monday through Friday except for State and Federal holidays. 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McMillan Road Meetinq Notes 9 APPROVED City Council Meeting March 27, 2018 Item #9C: Olivetree at Spurwing Subdivision Water Fountain (in process) Pathway connection proposed to be removed Entryway Feature Changes to Agenda: None Item #9B: Goddard Creek Subdivision (H-2018-0014) Application(s): Final Plat Size of property, existing zoning, and location: This site consists of 12.41 acres of land, zoned C-C and R-4, located at 2780 W. McMillan Road. Summary of Request: The applicant has applied for a final plat consisting of one commercial lot and one residential lot. The applicant has agreed to all condition of the final plat with the exception of condition 5(c). The condition reads “The applicant shall provide a 25- foot landscape buffer along the McMillan Road frontage of Lot 2, Block 1 in a common lot. The applicant shall provide a note on the final plat indicating who is to maintain the easement area and the common lot.” The applicant is requesting that the landscape buffer be placed in an easement. UDC section 11-3B-7 requires that a street landscape buffer in a residential subdivision be placed in a common lot for the purposes of maintenance of that common lot. Because the lot is undeveloped and is technically not in a residential subdivision, staff is of the opinion that the intent of the code would be met with an easement instead of a common lot if the applicant can provide documentation of who is responsible for the maintenance of the landscape buffer. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0014, as presented in the staff report for the hearing date of March 27, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0014, as presented during the hearing on March 27, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0014 to the hearing date of March 27, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Notes: Goddard Creek Subdivision (H-2018-0014) PAGE 1 STAFF REPORT MEETING DATE: March 27, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Goddard Creek Subdivision (H-2018-0014) I. APPLICATION SUMMARY The applicant, McMillan Storage, LLC, has applied for final plat (FP) approval of one commercial building lot, one residential lot and one (1) other lot on approximately 12.41 acres of land in the C-C and R-4 zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Goddard Creek Subdivision final plat application subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0014 as presented in the staff report for the hearing date of March 27, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0014, as presented during the hearing on March 27, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0014 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 2780 W. McMillan Road, in the southwest ¼ of Section 26, Township 4 North, Range 1 West. (Parcel #: S0426347150) B. Owner(s): Gibson Family Revocable Living Trust McMillan Storage, LLC P.O. Box 88 701 St. George Road Notus, ID 83656 Danville, CA 94526 C. Applicant: McMillan Storage, LLC 701 St. George Road Meridian City Council Meeting Agenda March 27, 2018 – Page 407 of 493 Goddard Creek Subdivision (H-2018-0014) PAGE 2 Danville, CA 94526 D. Agent: T-O Engineers (Caleb LaClair) 332 N. Broadmore Way, Suite 101 Nampa, ID 83687 V. STAFF ANALYSIS The proposed final plat depicts one commercial building lot, one residential lot and one (1) other lot on 12.41 acres of land, zoned C-C and R-4. The two lots within the development comply with the dimensional standards of the C-C and R-4 zoning districts. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Staff is currently processing a Certificate of Zoning Compliance and Administrative Design Review for the storage facility. The residential lot may be further subdivided in the future or develop with office uses per the approved PUD. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat. Because the number of buildable lots is the same number approved with the preliminary plat, staff deems the final plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-02-010), rezone, comprehensive plan map amendment, conditional use permit, and preliminary plat (H-2017-0007 and development agreements (Inst. No. 2017-090760 and 103012598). 2. The applicant shall be required to obtain a Certificate of Zoning Compliance prior to applying for a building permit. 3. The applicant has until July 25, 2019 to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 4. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 5. The final plat prepared by T-O Engineers, dated February 20, 2018 by Rob O’Malley shall be revised as follows: a) Include the instrument # and note referencing the ACHD license agreement instrument number. b) Include the instrument # referencing the fact that the subdivision is subject to development agreement instrument numbers #2017-090760 and #103012598. c) The applicant shall provide a 25-foot landscape buffer along the McMillan Road frontage of Lot 2, Block 1 in a common lot. The applicant shall provide a note on the final plat indicating who is to maintain the easement area and the common lot. d) Lot 2, Block 1 does not have direct lot access to McMillan Road. Access for this lot shall be from W. Apgar Creek Lane. 6. The landscape plan prepared by T-O Engineers, dated 11/14/2017 shall be revised as follows: a) The landscape buffers are required along both the C-C and R-4 pieces (Parcel Numbers S0426347155 and S0426357170) and shall meet the requirements of UDC 11-3B-7. Meridian City Council Meeting Agenda March 27, 2018 – Page 408 of 493 Goddard Creek Subdivision (H-2018-0014) PAGE 3 b) Per UDC 11-3B-7(5), a maximum of 10 feet of gravel will be allowed in the right-of- way, the remainder shall be landscaped with lawn or other vegetative ground cover. 6. The applicant shall provide fencing around the 25-foot landscape buffer along the north boundary. 7. All fencing shall be installed in accordance with UDC 11-3A-7. 8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 10. Prior to signature on the final plat by the City Engineer, the applicant shall obtain street name approval through the Ada County Assessor’s Office. 11. Street lights are required to be on a stand-alone drawing pursuant to section 6-7 of the City of Meridian 2016 Design Standards. Street lights are required on the portion of McMillan Road that will be constructed with this development. These street lights shall be metered and can be either Type 1 or Type 2 street lights in accordance with drawing 6C of the Meridian Design Standards. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate p rovided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the a mount of Meridian City Council Meeting Agenda March 27, 2018 – Page 409 of 493 Goddard Creek Subdivision (H-2018-0014) PAGE 4 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. 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. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 Meridian City Council Meeting Agenda March 27, 2018 – Page 410 of 493 Goddard Creek Subdivision (H-2018-0014) PAGE 5 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at (208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year -round source of water (MCC 9-1-28.C.1). 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 development plan approval. 24. 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. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (dated:6/12/17) C. Proposed Final Plat (dated: 2/20/18) D. Proposed Landscape Plan Meridian City Council Meeting Agenda March 27, 2018 – Page 411 of 493 Goddard Creek Subdivision (H-2018-0014) PAGE 6 Exhibit A – Vicinity Map Meridian City Council Meeting Agenda March 27, 2018 – Page 412 of 493 Goddard Creek Subdivision (H-2018-0014) PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 6/12/17) Meridian City Council Meeting Agenda March 27, 2018 – Page 413 of 493 Goddard Creek Subdivision (H-2018-0014) PAGE 8 Exhibit C – Proposed Final Plat (dated 2/20/18) Meridian City Council Meeting Agenda March 27, 2018 – Page 414 of 493 Goddard Creek Subdivision (H-2018-0014) PAGE 9 Exhibit D –Proposed Landscape Plan Meridian City Council Meeting Agenda March 27, 2018 – Page 415 of 493 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 9C Project/File Number: Final Plat Modification for Olivetree at Spurwing (H-2018-0021) by Spurwing Limited Partnership located north of W. Chinden Blvd., west of N. Spurwing Way 1. Request: Modification to the Final Plat Landscape Plan to Remove the Pathway Connection to the Golf Course and the Requirement for bollard Lighting Along the Pedestrian Pathway, and Addition of an Archway/Entryway Feature and Water Fountain Meetinq Notes 9 APPROVED Item #9C: Olivetree at Spurwing - MFP (H-2018-0021) Application(s): Final Plat Modification Size of property, existing zoning, and location: This site is located north of W. Chinden Blvd. and west of N. Spurwing Way. History: The final plat was approved by Council in 2008, along with several time extensions since that time but has not yet been signed by the City Engineer and recorded. Summary of Request: The applicant requests approval to modify the landscape plan approved for this subdivision to remove the pathway connection to the golf course planned between Lots 7 & 9, Block 1 and the requirement for bollard lighting along the pedestrian pathway. Removal of the pathway connection is due to a change in ownership of the golf course; the new owners feel it would be a liabi lity to allow a direct pedestrian access to the private golf course from the residential neighborhood and a disruption to the golfers. Removal of the bollard lighting requirement is due to a change in City Code that no longer requires pathway lighting to be provided; and the applicant feels streetlights within the development provide adequate illumination of the pathway. The applicant proposes to add an archway/entryway feature and water fountain as alternative amenities within the development. Staff Recommendation: Approval Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: Shari Stiles, Engineering Solutions (Applicant) – In agreement w/staff report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0021, as presented in the staff report for the hearing date of March 27, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0021, as presented during the hearing on March 27, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0021 to the hearing date of March 27, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Olivetree at Spurwing Subdivision - MFP H-2018-0021 - 1 - STAFF REPORT Hearing Date: March 27, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate Planner (208) 884-5533 SUBJECT: Olivetree at Spurwing Subdivision - MFP (H-2018-0021) I. APPLICATION SUMMARY The applicant, Spurwing Limited Partnership, has requested approval of a modification to the final plat landscape plan to remove the pathway connection to the golf course planned between Lots 7 and 9, Block 1 and the requirement for bollard lighting along the pedestrian pathway; and addition of an archway/entryway feature and water fountain. II. STAFF RECOMMENDATION Staff recommends approval of the subject application per the revised landscape plan included in Exhibit A.2. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2018- 0021, as presented during the hearing on March 27, 2018. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number H-2018- 0021, as presented in the staff report for the hearing date of March 27, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number H-2018- 0021 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 subject property is located north of W. Chinden Blvd., west of N. Spurwing Way, in the SW ¼ of Section 23, Township 4N., Range 1W. B. Applicant/Owner: Spurwing Limited Partnership 1406 N. Main Street, Ste. 205 Meridian, ID 83642 C. Applicant Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. Meridian City Council Meeting Agenda March 27, 2018 – Page 417 of 493 Olivetree at Spurwing Subdivision - MFP H-2018-0021 - 2 - V. PROCESS FACTS The subject application is for a modification to the final plat. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on this matter. A public meeting is required to be held for this type of application. VI. LAND USE A. Existing Land Use(s): The subject property is vacant property developed as a single-family residential subdivision. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is predominantly developed with single family detached homes. C. History of Previous Actions: This property was annexed in 2006 and zoned R-4 and R-8; a Development Agreement (107119572) was required as a provision of annexation (AZ-06-043), The preliminary plat (PP-06-045) for the Olivetree at Spurwing Subdivision was approved by the Meridian City Council on February 20, 2007. A final plat application (FP-08-004) for the Olivetree at Spurwing Subdivision was approved by City Council on May 27, 2008 but has not yet received City Engineer signature as required by UDC 11-6B-7. A time extension (TE-09-023) for eighteen (18) months was approved by the Director on February 20, 2009 to obtain the City Engineer’s signature on the final plat prior to August 20, 2010. A second time extension (TE-10-017) for eighteen (18) months was approved by the City Council on August 24, 2010 to expire on February 20, 2012. A third time extension (TEC-12-003) for two (2) years was approved by the City Council on March 20, 2012 and would have expired on February 20, 2014 without submittal of a time extension request. A fourth time extension (TEC-14-001) for two (2) years was approved by the City Council on March 11, 2014 and would have expired on February 20, 2016 without submittal of the subject time extension request. A fifth time extension (H-2016-0023) for two (2) years was approved by the City Council on March 22, 2016 and would have expired on February 20, 2018 but was signed by the City Engineer prior to the expiration date. VII. STAFF ANALYSIS The applicant requests approval to modify the landscape plan approved with the Olivetree at Spurwing Subdivision to remove the pathway connection (for golf carts) to the golf course planned between Lots 7 and 9, Block 1 and the requirement for bollard lighting along the pedestrian pathway. Removal of the pathway connection is due to a change in ownership of the golf course; the new owners feel it would be a liability to allow a direct pedestrian access to the golf course from the residential neighborhood (see applicant’s narrative for more information). Removal of the bollard lighting requirement is due to a change in City Code that no longer requires pathway lighting to be provided; and the applicant feels streetlights within the development provide adequate illumination of the pathway. The applicant proposes to add an archway/entryway feature and water fountain as alternative amenities within the development (see Exhibit A.2). Staff recommends approval of the proposed MFP per the landscape plan in Exhibit A.2. Meridian City Council Meeting Agenda March 27, 2018 – Page 418 of 493 Olivetree at Spurwing Subdivision - MFP H-2018-0021 - 3 - VIII. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Landscape Plan & Detail of the Archway/Entryway Feature & Water Fountain Meridian City Council Meeting Agenda March 27, 2018 – Page 419 of 493 Olivetree at Spurwing Subdivision - MFP H-2018-0021 - 4 - A. Drawings 1. Vicinity Map Meridian City Council Meeting Agenda March 27, 2018 – Page 420 of 493 Olivetree at Spurwing Subdivision - MFP H-2018-0021 - 5 - 2. Proposed Landscape Plan & Detail of the Archway/Entryway Feature & Water Fountain Meridian City Council Meeting Agenda March 27, 2018 – Page 421 of 493 Olivetree at Spurwing Subdivision - MFP H-2018-0021 - 6 - Meridian City Council Meeting Agenda March 27, 2018 – Page 422 of 493 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 10A Project/File Number: Finance: Annual Fund Balance Transfer Proposal TP- � Meetinq Notes u✓ APPROVED Interoffice Memo 3/23/2018 To: Mayor Tammy de Weerd, Council President Joe Borton, Council Vice President Luke Cavener, Councilman Treg Bernt, Councilman Genesis Milam, Councilman Anne Little Roberts, Councilman Ty Palmer, From: Todd Lavoie, Chief Financial Officer Ref: Approval Fund Balance Transfer • The below request is an annual process performed by the Chief Financial Officer during the month of March to propose considerations for the transferring of Fund Balance dollars between funds. o The request is proposed annually in March after the Audited Financial Report is presented to Council stating the actual changes to Fund Balance for the prior fiscal year. • Request #1 is an annual proposal directed by Ordinance 1-9-3(L)(3)(c) o c. Excess Revenue Development Services Operations: When revenues for the building and planning departments exceed their expenses, and a minimum of a four (4) month operating reserve has been covered, that excess may be transferred into the capital improvement fund. 1. Request Council approval of an Interfund Transfer in the amount of: a. $2,641,404 (Two Million Six Hundred Forty-One Thousand Four Hundred and Four dollars) i. Transfer of excess revenues generated in FY2017 by the Community Development Department to the Capital Improvement Fund. 2. Request Council approval of an Interfund Transfer in the amount of: a. $1,000,000 (One Million dollars) i. Transfer of available General Fund Balance to the Public Safety Fund for future acquisition of Public Safety Capital needs. 3. Request Council approval to Commit General Fund Balance in the amount of: a. $1,500,000 (One Million Five Hundred Thousand dollars) i. Commitment of available unrestricted General Fund Balance dollars towards the Self-Funding deposit requirements necessary for Self-Funding. Meridian City Council Meeting Agenda March 27, 2018 – Page 424 of 493 CI T Y o f M E R I D I A N FY 2 0 1 7 G e n e r a l F u n d B a l a n c e P r o j e c t i o n ( b a s e d o n a p p r o v e d B u d g e t ) As o f 3 / 6 / 1 8 Un r e s t r i c t e d R e s t r i c t e d R e s t r i c t e d R e s t r i c t e d R e s t r i c t e d R e s t r i c t e d Fu n d 0 1 F u n d 0 7 F u n d 0 7 F u n d 0 7 F u n d 0 8 F u n d 5 5 Ge n e r a l F u n d P a r k s - I m p a c t F i r e - I m p a c t P o l i c e - I m p a c t P u b l i c S a f e t y C a p i t a l I m p r o v e . Total Un r e s t r i c t e d F u n d B a l a n c e A s o f 9 / 3 0 / 1 7 3 2 , 4 7 4 , 6 7 6 $ 6 , 2 6 3 , 4 7 0 $ 5 , 1 0 8 , 0 4 2 $ 1 , 1 7 2 , 2 8 4 $ 3 8 6 , 6 8 7 $ 8 , 0 4 5 , 2 5 7 $ 53,450,416 $ C u r r e n t Y e a r R e v e n u e & E x p e n d i t u r e s Fi s c a l Y e a r 2 0 1 8 B u d g e t e d R e v e n u e 4 9 , 1 6 0 , 1 8 8 $ 1 , 0 5 3 , 0 0 0 $ 5 6 0 , 0 0 0 $ 1 9 6 , 4 3 6 $ - $ 2 , 0 0 0 $ 50,971,624 $ Fi s c a l Y e a r 2 0 1 8 B u d g e t e d O p s E x p e n s e s 4 7 , 5 2 4 , 7 6 7 $ - $ 2 0 , 0 0 0 $ - $ - $ - $ 47,544,767 $ Fi s c a l Y e a r 2 0 1 8 B u d g e t e d C a p E x p e n s e s 2 , 8 3 3 , 1 7 8 $ 3 , 0 8 5 , 0 0 0 $ - $ - $ - $ 3 , 0 3 3 , 0 0 0 $ 8,951,178 $ Fi s c a l Y e a r 2 0 1 8 B u d g e t e d T r a n s f e r s ( 2 , 8 3 9 , 0 8 2 ) $ - $ - $ - $ 2 8 0 , 9 7 0 $ 1 2 5 , 4 9 9 $ (2,432,613)$ Be g F Y 1 8 C u r r e n t Y r N E T R e v e n u e s ( E x p e n d i t u r e s ) 1 , 6 4 1 , 3 2 5 $ ( 2 , 0 3 2 , 0 0 0 ) $ 5 4 0 , 0 0 0 $ 1 9 6 , 4 3 6 $ ( 2 8 0 , 9 7 0 ) $ ( 3 , 1 5 6 , 4 9 9 ) $ (3,091,708)$ Ne t F u n d B a l a n c e ( P r o j e c t e d u s i n g B u d g e t $ ) 34 , 1 1 6 , 0 0 1 $ 4 , 2 3 1 , 4 7 0 $ 5 , 6 4 8 , 0 4 2 $ 1 , 3 6 8 , 7 2 0 $ 1 0 5 , 7 1 7 $ 4 , 8 8 8 , 7 5 8 $ 50,358,708 $ FY 2 0 1 8 A m e n d m e n t s Id a h o H u m a n e S o c i e t y C o n t r a c t A d d e n d u m 1 1 , 0 0 0 $ 11,000 $ Ex h a u s t / C a r c i n o g e n t e s t i n g a t S t a t i o n 1 a n d 3 4 , 0 0 0 $ 4,000 $ Re v e n u e a d j u s t m e n t s 50 , 4 8 9 $ 50,489 $ Ci t y S u m m e r P i c n i c f r o m E n t e r p r i s e F u n d 6 0 $ 60 $ Pe r s o n n e l R e c l a s s i f i c a t i o n (1 , 8 9 1 ) $ (1,891)$ Ho m e c o u r t L i g h t i n g F i x t u r e s 7, 0 0 0 $ 7,000 $ -$ To t a l A m e n d m e n t s 70 , 6 5 8 $ - $ - $ - $ - $ - $ 70,658 $ Cu r r e n t Y r N E T c h a n g e t o f u n d b a l a n c e R e v ( E x p ) 1 , 5 7 0 , 6 6 7 $ ( 2 , 0 3 2 , 0 0 0 ) $ 5 4 0 , 0 0 0 $ 1 9 6 , 4 3 6 $ ( 2 8 0 , 9 7 0 ) $ ( 3 , 1 5 6 , 4 9 9 ) $ (3,162,366)$ Ne t F u n d B a l a n c e a f t e r A m e n d m e n t s 3 4 , 0 4 5 , 3 4 3 $ 4 , 2 3 1 , 4 7 0 $ 5 , 6 4 8 , 0 4 2 $ 1 , 3 6 8 , 7 2 0 $ 1 0 5 , 7 1 7 $ 4 , 8 8 8 , 7 5 8 $ 50,288,050 $ Op e r a t i n g R e s e r v e s - 4 m o n t h s 1 5 , 8 2 5 , 4 5 5 $ 15,825,455 $ Be n e f i t s R e s e r v e -$ Ca r r y f o r w a r d O p e r a t i n g 56 5 , 8 3 7 $ 565,837 $ Ca r r y f o r w a r d C a p i t a l 1, 5 7 4 , 0 3 5 $ 4 , 3 4 1 , 6 5 4 $ 4 , 2 6 6 , 5 0 0 $ - $ 3 0 0 , 5 4 2 $ 10,482,731 $ Ca r r y f o w a r d A d j u s t m e n t (3 4 6 , 3 8 7 ) $ ( 2 , 6 3 8 , 2 6 7 ) $ 4 4 9 , 5 0 0 $ - $ ( 2 0 1 , 6 6 0 ) $ (2,736,814)$ FY 1 8 C o m m D e v T r a n s f e r 2, 6 4 1 , 4 0 4 $ (2 , 6 4 1 , 4 0 4 ) $ -$ -$ To t a l R e s e r v e s a n d A d j u s t m e n t s 2 0 , 2 6 0 , 3 4 4 $ 1 , 7 0 3 , 3 8 7 $ 4 , 7 1 6 , 0 0 0 $ - $ - $ ( 2 , 5 4 2 , 5 2 2 ) $ 24,137,209 $ Ne t F u n d B a l a n c e a f t e r R e s e r v e s 1 3 , 7 8 4 , 9 9 9 $ 2 , 5 2 8 , 0 8 3 $ 9 3 2 , 0 4 2 $ 1 , 3 6 8 , 7 2 0 $ 1 0 5 , 7 1 7 $ 7 , 4 3 1 , 2 8 0 $ 2 6 , 1 5 0 , 8 4 1 $ 3/ 8 / 2 0 1 8 3 : 5 7 P M C: \ P r o g r a m F i l e s ( x 8 6 ) \ n e e v i a . c o m \ d o c C o n v e r t e r P r o \ t e m p \ N V D C \ E F F D 6 6 1 B - 3 F E 8 - 4 4 7 A - A A 1 B - A 5 9 9 F A 9 8 F D 2 1 \ M e r i d i a n . 4 5 0 2 . 1 . F u n d _ B a l a n c e _ R e p o r t s _ F Y 2 0 1 8 . x l s x Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 4 2 5 o f 4 9 3 CI T Y o f M E R I D I A N FY 2 0 1 8 E n t e r p r i s e F u n d B a l a n c e P r o j e c t i o n ( b a s e d o n a p p r o v e d B u d g e t) As o f 3 / 6 / 1 8 Un r e s t r i c t e d R e s t r i c t e d R e s t r i c t e d Fu n d 6 0 F u n d 6 1 F u n d 6 2 En t e r p r i s e G r a n t s L a t e c o m e r s To t a l Un r e s t r i c t e d F u n d B a l a n c e A s o f 9 / 3 0 / 1 7 50 , 4 1 1 , 6 4 8 $ - $ - $ 50 , 4 1 1 , 6 4 8 $ C u r r e n t Y e a r R e v e n u e & E x p e n d i t u r e s Fi s c a l Y e a r 2 0 1 8 B u d g e t e d R e v e n u e 38 , 4 6 1 , 5 6 8 $ - $ - $ 38 , 4 6 1 , 5 6 8 $ Fi s c a l Y e a r 2 0 1 8 B u d g e t e d O p s E x p e n s e s 16 , 5 0 3 , 4 9 7 $ - $ - $ 16 , 5 0 3 , 4 9 7 $ Fi s c a l Y e a r 2 0 1 8 B u d g e t e d C a p E x p e n s e s 37 , 5 7 3 , 0 0 0 $ - $ - $ 37 , 5 7 3 , 0 0 0 $ Fi s c a l Y e a r 2 0 1 8 B u d g e t e d T r a n s f e r s 2, 8 3 9 , 0 8 2 $ - $ - $ 2, 8 3 9 , 0 8 2 $ Be g F Y 1 8 C u r r e n t Y r N E T R e v e n u e s ( E x p e n d i t u r e s ) ( 1 8 , 4 54 , 0 1 1 ) $ - $ - $ (1 8 , 4 5 4 , 0 1 1 ) $ Ne t P r o j e c t e d F u n d B a l a n c e 31 , 9 5 7 , 6 3 7 $ - $ - $ 31 , 9 5 7 , 6 3 7 $ FY 2 0 1 8 A m e n d m e n t s We l l # 2 9 20 , 0 0 0 $ 20 , 0 0 0 $ Co l l e c t i o n s E q u i p m e n t F a c i l i t y C o n s t r u c t i o n 77 , 5 0 0 $ 77 , 5 0 0 $ Ci t y S u m m e r P i c n i c t o G e n e r a l F u n d (6 0 ) $ (6 0 ) $ - $ To t a l A m e n d m e n t s 97 , 4 4 0 $ - $ - $ 97 , 4 4 0 $ Cu r r e n t Y r N E T c h a n g e t o f u n d b a l a n c e R e v ( E x p ) ( 1 8 , 5 51 , 4 5 1 ) $ - $ - $ (1 8 , 5 5 1 , 4 5 1 ) $ Ne t F u n d B a l a n c e a f t e r A m e n d m e n t s 31 , 8 6 0 , 1 9 7 $ - $ - $ 31 , 8 6 0 , 1 9 7 $ FY 2 0 1 8 C a r r y f o r w a r d s Ca r r y f o r w a r d O p e r a t i n g 1, 1 1 6 , 1 3 0 $ 1, 1 1 6 , 1 3 0 $ Ca r r y f o r w a r d C a p i t a l 32 , 0 5 1 , 1 3 6 $ 32 , 0 5 1 , 1 3 6 $ Ca r r y f o w a r d A d j u s t m e n t (1 1 , 6 8 9 , 6 1 1 ) $ (1 1 , 6 8 9 , 6 1 1 ) $ To t a l C a r r y f o r w a r d s 21 , 4 7 7 , 6 5 5 $ - $ - $ 21 , 4 7 7 , 6 5 5 $ Ne t F u n d B a l a n c e a f t e r A m e n d m e n t s & C a r r y f o r w a r d s 1 0 ,3 8 2 , 5 4 2 $ - $ - $ 10 , 3 8 2 , 5 4 2 $ Op e r a t i n g R e s e r v e s - 6 m o n t h s 8, 5 0 9 , 8 1 1 $ 8, 5 0 9 , 8 1 1 $ De p r e c i a t i o n R e s e r v e - $ - $ Em e r g e n c y R e s e r v e 1, 0 0 0 , 0 0 0 $ 1, 0 0 0 , 0 0 0 $ To t a l R e s e r v e s 9, 5 0 9 , 8 1 1 $ - $ - $ 9, 5 0 9 , 8 1 1 $ Ne t F u n d B a l a n c e ( P r o j e c t e d u s i n g B u d g e t $ ) a f t e r R es e r v e s 8 7 2 , 7 3 1 $ - $ - $ 8 7 2 , 7 3 1 $ Fu t u r e C o m m i t m e n t s A s s o c i a t e d t o F Y 2 0 1 8 A p p r o v e d E n ha n c e m e n t s To t a l 1 6 , 1 8 0 , 0 0 0 $ WR R F C a p a c i t y U p g r a d e s - F Y 2 0 1 9 7, 0 5 0 , 0 0 0 $ W R R F f u n d i n g c l a u s e : WR R F H e a d w o r k s U p g r a d e s w i t h O d o r C o n t r o l - F Y 2 0 1 9 1 ,3 5 0 , 0 0 0 $ 3/ 8 / 2 0 1 8 3 : 5 7 P M C: \ P r o g r a m F i l e s ( x 8 6 ) \ n e e v i a . c o m \ d o c C o n v e r t e r P r o \ t em p \ N V D C \ E F F D 6 6 1 B - 3 F E 8 - 4 4 7 A - A A 1 B - A 5 9 9 F A 9 8 F D 2 1 \ M e r i d ian.4502.1.Fund_Balance_Reports_FY2018.xlsx Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 4 2 6 o f 4 9 3 IM P A C T F E E - R E - I M B U R S E M E N T S Tr a i n i n g T o w e r Fi r e S t a t i o n # 5 La d d e r T r u c k FS # 5 P o l i c e To t a l s Be g i n n i n g B a l a n c e 4 4 9 , 4 1 5 . 9 9 $ 1 , 4 0 6 , 0 0 0 . 0 0 $ 3 0 5 , 0 7 1 . 0 0 $ 6 0 , 0 0 0 . 0 0 $ 2, 2 2 0 , 4 8 6 . 9 9 $ Pa y m e n t # 1 - F Y 2 0 0 9 ( 4 4 9 , 4 1 5 . 9 9 ) $ (4 4 9 , 4 1 5 . 9 9 ) $ Pa y m e n t # 2 - F Y 2 0 1 0 (3 0 5 , 0 7 1 . 0 0 ) $ (3 0 5 , 0 7 1 . 0 0 ) $ Pa y m e n t # 3 - F Y 2 0 1 3 ( 6 0 0 , 0 0 0 . 0 0 ) $ (6 0 0 , 0 0 0 . 0 0 ) $ - $ - $ - $ - $ - $ - $ - $ Ou t s t a n d i n g B a l a n c e - $ 80 6 , 0 0 0 . 0 0 $ - $ 60 , 0 0 0 . 0 0 $ - $ - $ 86 6 , 0 0 0 . 0 0 $ No t e s : St a t i o n # 3 - L a n d ( c i t y p a i d $ 6 6 , 7 2 0 . 9 9 ) a n d B u i l d i n g a r e o w n e d b y R u r a l F i r e . N o p l a n s a t t h i s t i m e t o r e p a y R u r a l F i r e . St a t i o n # 4 - L a n d o w n e d b y C i t y a n d B u i l d i n g i s o w n e d b y R u r a l F i r e . N o p l a n s a t t h i s t i m e t o r e p a y R u r a l F i r e . St a t i o n # 5 - L a n d o w n e d b y C i t y a n d B u i l d i n g i s o w n e d b y R u r a l F i r e . Tr a i n i n g T o w e r - B u i l d i n g i s o w n e d b y R u r a l F i r e . La d d e r T r u c k - P a i d 1 0 0 % b y t h e G e n e r a l F u n d i n F Y 2 0 0 9 . 3 1 % e l i g i b l e f o r I m p a c t F e e s St a t i o n # 5 - S t a t i o n # 5 h a s o n e o f f i c e d e s i g n a t e d f o r P o l i c e u s e . 98 4 , 1 0 0 . 0 0 $ c o s t 98 4 , 1 0 0 . 0 0 $ 6 6 % 19 6 , 8 2 0 . 0 0 $ 2 0 % o f t h e 6 6 % f r o m r u r a l C: \ P r o g r a m F i l e s ( x 8 6 ) \ n e e v i a . c o m \ d o c C o n v e r t e r P r o \ t e m p \ N V D C \ E F F D 6 6 1 B - 3 F E 8 - 4 4 7 A - A A 1 B - A5 9 9 F A 9 8 F D 2 1 \ M e r i d i a n . 4 5 0 2 . 1 . F u n d _ B a l a n c e _ R e p o r t s _ F Y 2 0 1 8 . x l s x Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 4 2 7 o f 4 9 3 Will need to unhinde rows on corresponding tabs for the historicall data to show $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 @ 9/30/17 General Fund - Fund Balance Report General Fund Parks - Impact Fire - Impact Police - Impact Public Safety Capital Improve. $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 @ 9/30/17 Enterprise Fund - Fund Balance Report Total Meridian City Council Meeting Agenda March 27, 2018 – Page 428 of 493 Will need to unhinde rows on corresponding tabs for the historicall data to show Capital Improve. 0.00% 5.00% 10.00% 15.00% 20.00% 25.00% @ 9/30/17 General Fund - Fund Balance Changes (%) Yr over Yr % Chg. 0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% 7.00% 8.00% 9.00% @ 9/30/17 Enterprise Fund - Fund Balance Changes (%) Yr over Yr % Chg. Meridian City Council Meeting Agenda March 27, 2018 – Page 429 of 493 Will need to unhinde rows on corresponding tabs for the historicall data to show $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 $10,000,000 @ 9/30/17 General Fund - Fund Balance Changes (%) Yr over Yr $ Chg. $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 @ 9/30/17 Enterprise Fund - Fund Balance Changes (%) Yr over Yr $ Chg. Meridian City Council Meeting Agenda March 27, 2018 – Page 430 of 493 Ci t y o f M e r i d i a n FU N D B A L A N C E AS O F M O N T H E N D I N G 5 / 3 1 / 2 0 1 7 Be g i n n i n g o f F i s c a l Y e a r C a s h f u n d t r a n s f e r Y T D N e t c h a n g e F u n d B a l a n c e a t m o n t h e n d Ge n e r a l F u n d 26 , 5 1 8 , 4 9 7 $ ( 2 , 2 7 5 , 0 5 4 ) $ 7 7 1 , 2 2 2 $ 2 5 , 0 1 4 , 6 6 5 $ Im p a c t F u n d 12 , 0 2 5 , 4 8 2 $ 1, 3 7 2 , 3 1 5 $ 1 3 , 3 9 7 , 7 9 7 $ Co m m u n i t y D e v e l o p m e n t ( C a p i t a l F u n d ) 6 , 0 5 5 , 3 4 2 $ 2 , 2 7 5 , 0 5 4 $ 1 , 5 4 8 , 1 8 9 $ 9 , 8 7 8 , 5 8 5 $ En t e r p r i s e F u n d - O p e r a t i o n s 46 , 6 7 0 , 7 5 1 $ 4, 3 0 4 , 0 7 9 $ 5 0 , 9 7 4 , 8 3 0 $ En t e r p r i s e F u n d - C o n s t r u c t i o n 93 1 , 1 0 0 $ 9 3 1 , 1 0 0 $ GR A N D T O T A L S 91 , 2 7 0 , 0 7 2 $ - $ 8, 9 2 6 , 9 0 5 $ 100,196,977 $ Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 4 3 2 o f 4 9 3 FY2018 Fund Balance Transfer March 27, 2018 Fund Balance Report Proposed Fund Balance Transfers Future Considerations City of Meridian Agenda City of Meridian Fund Balance Report City of Meridian Fund Balance Report City of Meridian Fund Balance Report The following requests are an annual process performed by the Chief Financial Officer during the month of March to propose considerations for the transferring of Fund Balance dollars between funds. The request is proposed annually in March after the Audited Financial Report is presented to Council stating the actual changes to Fund Balance for the prior fiscal year. City of Meridian Proposed Fund Balance Transfers Proposal #1 Transfer $2,641,404 from General Fund Unassigned Balance to Capital Improvement Fund Follows City ordinance 1-9-3(L)(3)(c) Proposal #2 Transfer $1,000,000 from General Fund Unassigned Balance to Public Safety Fund Proposal #3 Commit $1,500,000 from General Fund Unassigned Balance for the purpose of Self-Funding This request does not reduce the overall Fund Balance, only commits a portion of the total unassigned amount. City of Meridian Proposed Fund Balance Transfers City of Meridian Proposed Fund Balance Transfers Proposal #1 Reduced General Fund by $2,641,404 Increased Capital Improvement Fund by $2,641,404 Proposal #2 Reduced General Fund by $1,000,000 Increased Public Safety Fund by $1,000,000 Proposal #3 No Change to General Fund Change occurred to level of commitment only City of Meridian Proposed Fund Balance Transfers City of Meridian Proposed Fund Balance Transfers City of Meridian Proposed Fund Balance Transfers Allocation of Future Funds Unfunded CFP Requests Impact Fee Projects = On-Going Expenses SRO’s for School Expansion Animal Control Expansion Expansion to the South Ada County Mandates ACHD Partnerships Transportation Services Roads City of Meridian Future Considerations City of Meridian Questions City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 10B Project/File Number: Public Works: Update on Meridian City Code 9-4-24 pertaining to Wastewater User Charges and Updating the Wastewater Use Cap (Average Number of Gallons per Month for Winter Residential Water Use in the City) 1. Resolution No. 18-2066: A Resolution Updating the Average Number of Gallons Per Month for Winter Residential Water Use in the City. 2. Ordinance No. 18-1768: An Ordinance Amending Meridian City Code, Title 9, Chapter 4, Section 2 Regarding Definitions; and Repealing and Replacing Meridian City Code, Title 9, Chapter 4, Section 24 Regarding Wastewater User Charges; and Providing An Fffarrtiva r)atP__ rd r IJW Meeting Notes 9 APPROVED GSA- 1-113 Public Works Department 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Phone 208-898-5500 Fax 208-898-9551 www.meridiancity.org March 22, 2018 MEMORANDUM TO: Mayor Tammy de Weerd Members of the City Council CC: Dale Bolthouse, Public Works Director FROM: Alex Freitag, Public Works Business Division Manager RE: WASTEWATER WINTER USE CAP UPDATE & ORDINANCE REVISION I. BACKGROUND A. In response to the BOA case related to customer rates as applied in the case of winter-time use average, Public Works was directed to clarify and update MCC as it relates to wastewater user rates. B. New language was drafted and brought before Council on 11/14/17 and reviewed in detail. C. Analysis was conducted on whether the “Wastewater Use Cap” (Formerly known as “Winter Average”) needed to be updated. It was determined that an update is in order. D. The Ordinance update draft is complete and a resolution to adopt an updated Wastewater Use Cap has been drafted. These documents are included with this memo. II. DESCRIPTION A. Please find attached an updated copy of Ordinance # 9-4-2 and 9-4-24 related to user rates and the associated proposed resolution. The purpose of the ordinance update is: 1. Provide clarification to the language associated with the Wastewater Use Cap (previously known as the “Winter Average”) in MCC 9-4-24; Meridian City Council Meeting Agenda March 27, 2018 – Page 434 of 493 2 2. Revise associated definitions in MCC 9-4-2; and 3. Change the default “Wastewater Use Cap” to an updated calculated value of 4,600 gallons of water. B. Time is of the essence so this change can be enacted into this year’s calculations prior to the mid-April billing cycle. C. This Ordinance revision has been previously presented and reviewed with Council by Kyle Radek. III. RECOMMENDED ACTION A. Move to: 1. Approve changes to the Ordinance; 2. Adopt the resolution specifying the wastewater use cap in gallons of water; and 3. Authorize the Mayor to sign the ordinance and resolution. Meridian City Council Meeting Agenda March 27, 2018 – Page 435 of 493 CITY OF MERIDIAN ORDINANCE NO. 16 - I J 652 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE, TITLE 9, CHAPTER 4, SECTION 2 REGARDING DEFINITIONS; AND REPEALING AND REPLACING MERIDIAN CITY CODE, TITLE 9, CHAPTER 4, SECTION 24 REGARDING WASTEWATER USER CHARGES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council find that there is need to update the City's current Water and Sewer Ordinance regarding definitions and wastewater user charges to remain responsive to the needs of the public to better understand what wastewater base fees comprise and the basis and method upon which wastewater user charges for residential and commercial accounts are calculated; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 9, Chapter 4, Section 2 of the Meridian City Code is amended to read as follows: 9-4-2: DEFINITIONS: Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows: ACT: The Federal Water Pollution Control Act entitled Public Law 92-500, and its amendments of 1972, as administered by the United States Environmental Protection Agency (EPA). BOD: Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (20°C), expressed in milligrams per liter (mg/1). BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge of sanitary waste inside the walls of the building and conveys it to the building sewer, beginning five feet (5') outside the inner face of the building wall. BUILDING SEWER: The extension from the building drain to the point of connection with the public sewer. CITY: The City of Meridian, Ada County, Idaho, or its authorized or designated agent, representative, or deputy thereto. Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 1 of 9 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 2 of 9 COMBINED SEWER: A sewer receiving both stormwater runoff and sanitary sewage. FLOW: The volume of sewage being discharged into the sewage system from all sources including domestic, commercial and industrial uses and infiltration (WW). GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. INDUSTRIAL USERS: Any nondomestic user with an indirect discharge of effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. This term includes federal, state, and local facilities as part of the regulated community, since such entities are subject to federal pretreatment regulations. See chapter 2 , "Sewer Pretreatment", of this title. INDUSTRIAL WASTES: The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. MULTIPLE BUILDING DEVELOPMENT: Includes the various types of developments that would have common or joint ownership areas such as condominiums, townhouses, mobile home parks or courts, shopping centers, etc. NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. OWNER: A person owning real property which is, or proposes to be connected to the sewage system. PERSON: Any individual, firm, company, association, society, corporation or group. pH: The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution with a pH value of 7 being neutral. PRETREATMENT: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. PRIVATE LIFT STATION: Privately owned and operated pump station positioned in the sewer system at which wastewater is pumped to a higher level. PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater Meridian City Council Meeting Agenda March 27, 2018 – Page 438 of 493 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 3 of 9 than one-half inch ( 1/2") in any dimension. PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. SANITARY SEWER: A sewer which carries sanitary sewage and to which storm, surface and ground waters are not admitted. SERVICE CONNECTION: The point at which the building sewer connects to the public sewer. SEWAGE OR WASTE MATTER: A combination of the water carried wastes from residences, business buildings, institutions and industrial establishments. SEWAGE TREATMENT PLANT OR WASTEWATER TREATMENT FACILITY: Any devices and system used in the storage, treatment, recycling and reclamation of municipal sanitary sewage or industrial wastes of a liquid nature to implement section 201 of the act. Also termed a "publicly owned treatment works" (POTW). SEWER: A pipe or conduit for carrying sewage. SHALL/MAY: "Shall" is mandatory. "May" is permissive. SLUG: Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes for more than five (5) times the average twenty four (24) hour concentration or flows during normal operation. STORM DRAIN (Sometimes Termed STORM SEWER): A sewer which carries storm and surface waters and drainage, but excludes sanitary sewage and industrial wastes, other than unpolluted water such as cooling water. SUPERINTENDENT: The person designated by the City of Meridian, to supervise the operation of the POTW, who is charged with certain duties and responsibilities by this chapter, or duly authorized representative. SUSPENDED SOLIDS: Solids, organic or inorganic, that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering as prescribed in "Standard Methods For The Examination Of Water And Waste Water" and referred to as nonfilterable residue. WASTEWATER SYSTEM: All facilities for collecting, pumping, treating of sewage and disposal of treated effluent. WASTEWATER USER: Any individual, firm, company, association, society or corporation or group who has connected to the sewer system. WATERCOURSE: A channel in which a flow of water occurs, either continuously or Meridian City Council Meeting Agenda March 27, 2018 – Page 439 of 493 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 4 of 9 intermittently. WINTER AVERAGE: The average domestic water consumption from approximately November 15 to approximately March 15 as quantified by water meter readings. (Ord. 08-1389, 10-28-2008, eff. 10-28-2008) Section 2 . That Title 9, Chapter 4, Section 24 of the Meridian City Code is repealed and replaced to read as follows: 9-4-24: WASTEWATER USER CHARGES: Wastewater user charges are comprised of Base Fees, Use Fees, and Assessment Fees. A. Wastewater Base Fees: 1. To cover the fixed costs of the wastewater system, each account is charged a monthly flat base fee. a. The wastewater base fee shall be established by resolution of the City Council. B. Wastewater Use Fees: Monthly use fees for wastewater collection (sewer) and treatment in the city are based on gallons of water collected and treated as determined by water meter readings for the water used (delivered to the same building / account). The fee per gallon of use shall be established by resolution of the City Council. Wastewater use is determined according to the following: 1. Residential Accounts: There are two time periods during which wastewater use is determined during the year: a. Winter Period: During four winter months between November and March, wastewater use is based on monthly gallons of water delivered as determined by water meter readings. Example: If 5,000 gallons of water were delivered then 5,000 gallons of wastewater use will be billed for that month. Depending on the account billing cycle, the four months that comprise the winter period will either be November through February, or December through March. b. Summer Period: During the months outside an account’s winter period, wastewater use is also based on monthly gallons of water delivered until the amount of water delivered reaches the account’s Wastewater Use Cap (see (1) below). If monthly water delivered is higher than the account’s Wastewater Use Cap, then the Wastewater Use Cap serves as the month’s wastewater use for Meridian City Council Meeting Agenda March 27, 2018 – Page 440 of 493 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 5 of 9 billing. Example: If 9,000 gallons of water were delivered, but the Wastewater Use Cap for the account is 6,000 gallons, then 6,000 gallons of wastewater use will be billed. The Wastewater Use Cap is calculated / applied as follows: (1) Wastewater Use Cap: The Wastewater Use Cap is the average monthly number of gallons of water that were delivered to the account during the winter period. (2) Default Wastewater Use Cap: In any instance where the customer’s Wastewater Use Cap calculates to less than 1,000 gallons per month or there is no customer data to calculate a Wastewater Use Cap, a default Wastewater Use Cap shall be applied. The default Wastewater Use Cap shall be established by resolution of City Council and is intended to represent the monthly wastewater use of a typical residential account. (3) Upon request, the Wastewater Use Cap may be reviewed and evaluated. Determination of applicability will be made by the City Public Works Director or designee and include an evaluation of current and potential water and sewer uses at the property and to determine if the application of an adjusted Wastewater Use Cap will result in fair wastewater billing. 2. Commercial Accounts: Wastewater use fees for all other users such as commercial and industrial are based on actual monthly water delivered as determined by water meter readings. a. Commercial accounts that show a residential pattern of water and wastewater use may be eligible for an applied Wastewater Use Cap during the summer period as set forth in the section for residential accounts. Determination of applicability will be made by the City Public Works Director or designee and include an evaluation of current and potential water and sewer uses at the property to determine if the application of a Wastewater Use Cap will result in fair wastewater billing. b. Commercial accounts with water uses that are not collected in the sewer may be eligible for periodic adjustment to the wastewater portion of their bill if the amount of water used but not collected can be demonstrated. C. Wastewater Assessment Fees: 1. Wastewater assessment fees for all newly established or upgrade sewer services shall be established by resolution of City Council. The assessment fees for all uses other than single-family residential, shall be based on the number of equivalent residential units (ERUs) listed in table 2 of this section, unless other acceptable means of determining ERUs are used. Other acceptable means may include the uniform plumbing code "fixture unit" method or examination and analysis of Meridian City Council Meeting Agenda March 27, 2018 – Page 441 of 493 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 6 of 9 historical consumption records of similar facilities within or outside the City of Meridian. Single Family Residential assessment fees shall be based on 1 ERU. TABLE 2 EQUIVALENT RESIDENTIAL UNITS Classification Number Of Equivalent Connections Minimum Equivalent Connections Apartment See Multiple living unit Bank 2 Bar 2 Barbershop, per chair 0.5 1.0 Beauty salon, per operator station 0.5 1.0 Bowling alley, per lane 0.2 1.0 Cafe, per customer seating capacity 0.1 2.0 Car dealer 2 Car wash (to be computed on an individual basis) - Church 2 Club, private 2 Condominium See Multiple living unit Dentist, per practitioner 1 Department store, per 3,000 square feet 1 Doctor, per practitioner 1 Drugstore 2 Dry cleaners 2 Duplex See Multiple living unit Fourplex See Multiple living unit Garage 2 Meridian City Council Meeting Agenda March 27, 2018 – Page 442 of 493 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 7 of 9 Grocery store See Retail food store Hospital, per bed 0.15 Industry: Major contributing industry (as per separate agreement) - Minor contributing industry (as per separate agreement) - Laundries: Commercial (to be computed on an individual basis) - Self-service: Up to and including 10 washing machines Each washing machine in excess of 10 4 0.25 Lodge or private club 2 Mobile home court or park: First space 1 Each additional space, long term tenant type 1 Each additional space, short term tenant type 1 Mobile home or trailer house on own premises 1 Motel, hotel, rooming house, etc.: With cooking facilities: First unit Each additional unit 1 0.5 Without cooking facilities: First unit Each additional unit 1 0.25 Multiple living unit: Meridian City Council Meeting Agenda March 27, 2018 – Page 443 of 493 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 8 of 9 Studio or 1 bedroom 1 2 bedrooms 1 3 or more bedrooms 1 Office building, for each 2,500 square feet of gross floor space or fraction thereof 1 Photo development lab 2 Railroad depot 2 Restaurant, per customer seating capacity 0.1 2.0 Retail food store, for each 1,500 square feet of gross floor area or fraction thereof 1 Retail store, for each 3,000 square feet of gross floor area or fraction thereof 1 Schools, per each 50 students in average daily attendance or frac tion thereof 1 Service station: Full service 4 Gas and restroom service only 2 With car wash (to be computed on an individual basis) - Single -family residence 1 Swimming pool: Private, for each 500 square feet of pool water surface area 0.25 Public (to be computed on an individual basis) - Tavern 2 Theater 2 Meridian City Council Meeting Agenda March 27, 2018 – Page 444 of 493 Townhouse 1 Trailer court or park: First unit 1 Each additional space, long term 0.75 tenant type Each additional space, short term 0.5 tenant type _� — --- -- - -- --- Triplex [See Multiple living unit Variety store, for each 3,000 square feet 1 1 of gross floor area or fraction thereof Section 3. That this ordinance shall be effective immediately upon its passage and publication. 2018. PASSED by the City Council of the City of Meridian, Idaho this 2? day of March, APPROVED by the Mayor of the City of Meridian, Idaho, this Zj day of March, 2018. APPROVED: ATTEST: Tamm e eerd, Mayor ®a�jED AUGUST, CJ Cole ,City Clerk zO 01N of La E IDIANt— IDAHO SEAL Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 9 of 9 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18 11 6P, - AN ORDINANCE AMENDING MERIDIAN CITY CODE, TITLE 9, CHAPTER 4, SECTION 2 REGARDING DEFINITIONS; AND REPEALING AND REPLACING MERIDIAN CITY CODE, TITLE 9, CHAPTER 4, SECTION 24, REGARDING WASTEWATER USER CHARGES; AND PROVIDING AN EFFECTIVE DATE. Citi -of McWian Mayor and City Council BY: City Clerk First Reading: QO ZE0 AUG`�T 0 City u( IDAHO SEAL Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES: ,, NO: Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18- 1%� 9 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is thele a�} advisor of the City and has reviewed a copy of the attached Ordinance no. 18- 1-1V b of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code 50- 901(A)(3). DATED this 2 ') day of March, 2018. tag William L.M. Nary City Attorney Ordinance Summary Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 CITY OF MERIDIAN RESOLUTION NO. � 8 2 b BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN UPDATING THE AVERAGE NUMBER OF GALLONS PER MONTH FOR WINTER RESIDENTIAL WATER USE IN THE CITY. WHEREAS, the Mayor and City Council previously approved and established the average number of gallons per month for winter residential water use in the city has been set at six thousand five hundred (6,500) gallons; and WHEREAS, this value is established for wastewater utility billing purposes as set forth in Title 9, Chapter 4, Section 24; and WHEREAS, the Public Works Department periodically reviews the established average number of gallons per month for winter residential water use in the city for accuracy; and WHEREAS, the Public Works Department has completed its analysis and reported to City Council that the average number of gallons per month for winter residential water use in the city should be re -set to four thousand, six hundred (4,600) gallons; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the average number of gallons per month for winter residential water use in the city shall be set at four thousand, six hundred (4,600) gallons. 2018. Section 2. That this resolution shall be in full force effective 2018. ADOPTED by the City Council of the City of Meridian, Idaho, this 2.9 day of March, APPROVED by the Mayor of the City of Meridian, Idaho, this day of March, 2018. Attest: Tammy de Weerd, Mayor C.Jay Coles, City Clerk RESOLUTION UPDATING THE AVERAGE NUMBER OF GALLONS PER MONTH FOR WINTER RESIDENTIAL USE IN THE CITY PAGE 1 OF I City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 10C Project/File Number: Legal: Update on RFP for Main and Broadway Project and Process for Sale of City Owned Property Meeting Notes City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 10D Project/File Number: Bower Street Facility Discussion Meeting Notes City Clerk’s Office 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 Fax 208-888-4218 www.meridiancity.org March 23, 2018 MEMORANDUM TO: Mayor and Councilmembers FROM: Joe Borton, Council President CC: City Clerk RE: Item 10C This item is to discuss the status of the city-owned Bower Street property (map attached) that previously served as the Parks building. This property is currently used by the City for vehicle and property storage, and fleet parking. The question was raised whether this parcel has current and future use/plans, or whether the property should be sold. The current needs and plans for this parcel will be addressed as the agenda item. Direction requested: Retain it as a city asset because of its current uses and/or future plans (storage + parking) or sell it. Meridian City Council Meeting Agenda March 27, 2018 – Page 449 of 493 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 4 5 0 o f 4 9 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 4 5 1 o f 4 9 3 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 10E Project/File Number: Mayor's Office: Resolution No. 18-2067: A Resolution Of The Mayor And Council Of The City Of Meridian, Idaho Adopting Amendments To The City Of Meridian Strategic Plan Meeting Notes uy APPROVED CITY OF MERIDIAN RESOLUTION NO. 2-2_010_ -G.O10 I BY THE CITY COUNCIL: BERNT, BORTON, CAVENER MHLAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO ADOPTING AMENDMENTS TO THE CITY OF MERIDIAN STRATEGIC PLAN. WHEREAS, the City Council discussed the concept of creating a City Strategic Plan (Plan) on May 13, 2014; approved a budget amendment to begin the process on June 10, 2014; approved an agreement with Leadership Advisors for their assistance in developing a Plan on July 22, 2014; and discussed the development, methodology, and creation of the Plan at City Council meetings on October 14, 2014, April 14, 2015, April 28, 2015 and May 5, 2015; and WHEREAS, on May 5, 2015 the Mayor and City Council of the City of Meridian approved the adoption of the City of Meridian Strategic Plan 2016-2020; and WHEREAS, the purpose of the City of Meridian Strategic Plan Focus Areas and Goals is to establish a clear vision for the City of Meridian and set appropriate strategic objectives to guide fulfillment of the vision; and WHEREAS, the City of Meridian Strategic Plan will be amended to align appropriate resources and deployment decisions to achieve the strategic objectives and allows for the creation of measures that ensure attainment of those objectives within the specified time frames. WHEREAS, the Mayor and City Council of the City of Meridian hereby approve amendments to the City of Meridian Strategic Plan. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian hereby adopts the Amendments to the City of Meridian Strategic Plan as set forth in Exhibit A, as attached. Section 2. The Mayor will continue to report progress towards the Goals of the Plan to the City Council semi-annually in the months of March and October. ADOPTED by the City Council of the City of Meridian, Idaho, this21'day of ay- , 2018. APPROVED by the Mayor of the City of Meridian, Idaho, thise day of Mar , 2018. APPROVED: oPe°a�jEOAUG�s, TTEST: - -- 01Y "f ,may, ✓S Mayor ai Weerd ro ANS . ay C s, City Clerk SEAL RESOLUTION ADOPTING AMENDMENTS TO T 4$Ty PIAN STRATEGIC PLAN -PAGE I OF I City of Meridian Strategic Plan 2016-2020 March ‘18 Adopted: Amended: May 5, 2015 March 27, 2018 Amended: January 12, 2016 Amended: July 11, 2017 Meridian City Council Meeting Agenda March 27, 2018 – Page 454 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 2 of 16 Table of Contents Introduction: New Opportunities, New Horizons ............................................................. 3 Strategic Planning: Purpose and Intent ............................................................................... 3 Municipal Organization ....................................................................................................... 4 City Services ............................................................................................................................. 4 Strategic Planning: The Process ....................................................................................... 5 Our Mission .............................................................................................................................. 6 Our Vision. ................................................................................................................................. 6 Our Values. ................................................................................................................................ 7 Alignment: Goal Formulation .................................................................................................. 8 Execution: Strategic Plan Management and Accountability ....................................... 9 Next Steps: Operationalizing the Plan .............................................................................. 11 Tactical Plan Development ............................................................................................. 11 Meridian’s Strategic Plan: Goals and Objectives ........................................................... 12 1. Strategic Growth ......................................................................................................... 12 2. Economic Vibrancy .................................................................................................... 13 3. Responsive Government.......................................................................................... 14 4. Safe, Healthy, and Secure ........................................................................................ 15 5. Arts, Culture, and Recreation ................................................................................ 16 Meridian City Council Meeting Agenda March 27, 2018 – Page 455 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 3 of 16 Introduction: New Opportunities, New Horizons For more than two consecutive decades, the City of Meridian has been the fastest growing City in the State of Idaho. The City’s population tripled between 1990 and 2000 and then doubled again between 2000 and 2008. In 2014, Meridian arguably became the second largest City in the State of Idaho and the 10th fastest growing City in the Nation. The City’s population explosion has necessitated the expansion of services, the addition of staff, and the need to better visualize, organize, and plan its future. While growth has been a positive, influencing factor in Meridian’s success, the City must do more to guide growth and the expansion of its services. For the past few years, the City has been conducting surveys of its citizens and employees to gather information regarding its management and planning efforts. These inputs have been a valuable contribution in the development of the City’s Strategic Plan. To truly become the premier place to live, work, and raise a family, the City must be purposeful and visionary in the establishment of financially sound growth goals and the identification of community service expectations. It must then align its fiscal and human resources to achieve those goals. This document endeavors to set, organize, and place a plan into action to accomplish those goals. Strategic Planning: Purpose and Intent Strategic planning is one of the most important responsibilities of the leadership of any organization. It is the activity that establishes a clear vision for the organization and sets appropriate strategic objectives to guide fulfillment of the vision. It also aligns appropriate resources and deployment decisions to achieve the strategic objectives and establishes measures that ensure attainment of those objectives within specified time frames. Like all cities, Meridian is continually faced with a myriad of challenges and opportunities. The demands of growth on budgets, infrastructure, and staffing underscore the need for a comprehensive and clear strategic plan. Because cities must reconcile the needs of a community with a diverse service offering, it is challenging to focus citizens, leaders, and staff in one direction. The role of this strategic plan, therefore, is to provide that focus, facilitate the successful growth of the community, and provide a platform to purposefully advance the City as an organization. This strategic plan will serve as a roadmap for the City’s success over the next five years. It will also serve as a tool to communicate the City’s intentions to the community, focus the direction of its financial resources and employees, and ensure that short-term goals and Meridian City Council Meeting Agenda March 27, 2018 – Page 456 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 4 of 16 objectives are met in a timely fashion to ensure attainment of the City’s overall vision. This plan defines specific results that are to be achieved, outlines a course of action for achieving them, and details measurements to ensure the outcomes of those results. Additionally, this plan will ensure that the most important City priorities are identified, communicated, and achieved with direction and effective planning so that all may know what is expected and how to achieve success. The City will be diligent in focusing its efforts on strategic objectives that it can control and influence within the scope of its mission and vision. The implementation of this plan and the decision making around it will align with the City values. Municipal Organization The City of Meridian lies at the heart of Idaho’s Treasure Valley. Meridian is one of the fastest growing cities in Idaho and it is a magnet for people looking for a family-oriented community in the Intermountain West. A long and vibrant heritage in agriculture has given way to homes and businesses that share a common goal - being part of a diverse and vibrant community that is a great place to work, live, and raise a family. Over the past 25 years, the City has grown substantially. So, too, have its responsibilities, service expectations, and staffing requirements. Today, the City of Meridian is a full service city that contains more than 375 staff members distributed between ten Departments, has an operating budget of more than $90M, and currently serves a population of more than 90,000 residents. This document represents the City of Meridian’s first formalized Strategic Plan. City Services Cities are unique organizations because of the diversity and complexity of their service offerings. Like all cities, Meridian provides many primary services directly to the community while forming partnerships with other governmental units to provide the remainder of services to its citizens. The City of Meridian currently provides the following services directly to the community: • Police • Fire and Medical Response • Land Use, Planning and Building • Parks and Recreation Services • Water • Sewer • Economic Development • Administrative Services Meridian City Council Meeting Agenda March 27, 2018 – Page 457 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 5 of 16 Working closely with government and private partners allows citizens to also receive, among other services: • Recycling and trash collection through a franchise agreement • Roads via the Ada County Highway District • Libraries via the Meridian Library District • Pools via the Western Ada Recreation District • Downtown development via the Meridian Development Corporation • Criminal Prosecution Services through the City of Boise Ada County, the State of Idaho, and the Federal Government also directly serve the citizens of Meridian. Strategic Planning: The Process Strategic planning is an iterative but logical process. It involves conducting an environmental scan or SWOT analysis (Strengths, Weaknesses, Opportunities, Threats) of the organization, defining or refining the organization’s mission, vision and value statements, developing goals, establishing objectives, operationalizing and implementing the plan, and monitoring for results. Meridian City Council Meeting Agenda March 27, 2018 – Page 458 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 6 of 16 To establish the City’s strategic plan, the City chose Leadership Advisors Group to facilitate its planning process. The City then developed a Strategic Planning Team comprised of the Mayor and the Executive Leadership Team. The Strategic Planning Team is responsible for the development and articulation of the overall direction of the organization. As Chief Elected Officer, the Mayor will be accountable for the performance and administration of the Strategic Plan. To guide the planning process, the Team was first trained on the Dimensional Strategy® framework. This framework helps leaders to navigate their organization’s complexity to create a unifying, compelling, and achievable strategic plan. Using this framework, the Team participated in an organization-wide Strengths Assessment. The Strengths Assessment helped to measure the City’s planning readiness and overall management strength, as well as identify potential risks during the strategic planning process. Then the Team conducted a SWOT analysis. This analysis was used to identify the key internal and external factors seen as influencing or impacting the City organization. Internal factors (strengths and weaknesses) are controllable by the organization. External factors (opportunities and threats) impact organizations but are not controllable by the organization. From this exercise, the City gained insights that were carried into the strategic planning process. Several Team meetings culminated in the revision of the City’s Mission statement, an update to its Vision statement, and the review and affirmation of its organizational values. Our Mission: We love Meridian; it’s our town and our mission is to cultivate a vibrant community by delivering superior service through committed, equipped employees dedicated to the stewardship of our community’s resources. Our Vision: Where we see ourselves as an organization and community in the future. By 2035, Meridian will be the West’s premier community in which to live, work, and raise a family. Strategic Planning Team Leader Title Tammy de Weerd Mayor Tom Barry Director of Public Works Bruce Chatterton Director of Community Development Jaycee Holman Director of IT / City Clerk Stacy Kilchenmann Director of Finance Jeff Lavey Chief of Police Bill Nary City Attorney Mark Niemeyer Fire Chief Patti Perkins Director of Human Resources Steve Siddoway Director of Parks & Recreation Robert Simison Mayor’s Chief of Staff Meridian City Council Meeting Agenda March 27, 2018 – Page 459 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 7 of 16 • Proactive City policies and well-educated, capable employees will, together, create a compelling economic advantage yielding robust family-wage jobs that will nourish our welcoming, vibrant, and diverse business environment. • Our strategic growth will ensure an orderly development that balances resources and leverages partnerships to create a sustainable and financially viable community. • A flexible and responsive government will ensure that services meet demand with financial prudence and excellence while safeguarding our community’s health and safety . • Community members will enjoy a vibrant downtown and a myriad of diverse arts, cultural, and recreational offerings to have meaningful experiences. Our Values: The core principles that guide our treatment of one another, our customers, and our decisions. At the City of Meridian, we CARE . That means: • Providing the best Customer Service to our community, colleagues, and partners by listening and responding in a timely, friendly, professional, and solution-oriented manner. • Exemplifying Accountability by understanding our role in the organization, knowing our jobs, and accepting that each of us is responsible for our own work, choices, and actions. Acting as stewards of the community’s resources, our environment, and our relationships. • Showing Respect by being trustworthy and courteous. We honor, accept, and include people with diverse opinions and backgrounds. • Demonstrating continual Excellence through professionalism, going beyond the parameters of our job while being creative, innovative, flexible, and adaptable to multiple needs. Next, the team met with the City Council to discuss the SWOT analysis results, share the mission, vision, and value statements, and brainstorm future strategic initiatives, focus areas, and goals for the City. This strategy session helped the Team narrow the City’s strategic focus areas into five broad categories. By identifying and prioritizing these focus areas, the City has effectually defined the targets into which the City will invest its time, energy, and resources to advance. Meridian City Council Meeting Agenda March 27, 2018 – Page 460 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 8 of 16 Alignment: Goal Formulation Three existing plans also played a role in forming this strategic plan. While the strategic plan will be the overarching organizational and community agenda, the plan is informed and enlivened by the City’s Comprehensive Plan, Capital Improvement Plan, and Economic Development Plan. Comprehensive Plan: Establishes the vision for the City’s development future, including key elements such as the land use plan and Area of City Impact. Capital Improvement Plan: Identifies capital projects and equipment purchases, provides a planning schedule, and identifies options for financing the short- range plan (usually five to ten years). Economic Development Plan: Provides targets for attracting, retaining, and expanding businesses in Meridian. The graphic to the right reflects the inter-relationship of the various plans. The other major aspect of the City that must be reconciled to the strategic plan is the City’s Strategic Focus Areas Focus Area Description Strategic Growth Good growth fuels a city. Meridian will promote growth that enhances its vision and is family-focused, properly planned, financially viable, and diverse. Economic Vibrancy Jobs make a City vibrant. Meridian will recruit family-wage jobs and promote the growth of existing organizations in employment zones that put work and life together. Responsive Government The successful government of the 21st century is service driven, approachable, and responsive. Meridian will embody those qualities by improving efficiency, enhancing transparency, utilizing technology, and investing in our employees. Safe, Healthy, and Secure For a community to prosper, it must be safe, secure, and healthy. Meridian will invest in activities and services that enhance public safety and community health to build a stronger community and promote the quality of life that its citizens and employees expect. Arts, Culture & Recreation A premier community embraces cultural diversity and promotes an abundant offering of arts, entertainment, and recreational opportunities. Meridian will invest in services, facilities, programs, and partnerships to establish itself as an active and vibrant community that fulfills the diverse cultural and recreational needs of its people. Department Plans Comprehensive Plan Capital Improvement Plan Economic Development Plan Strategic Plan Meridian City Council Meeting Agenda March 27, 2018 – Page 461 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 9 of 16 budgetary plan. The City’s budget must reflect the strategy. The interchange between the above plans and the new strategic plan is intended to be complementary. In addition to the aforementioned plans and the City Strategic Plan, each Department will need to develop a Department Plan that correlates to the Goals and Objectives of the Citywide Strategic Plan at a tactical/operational level. Since this is the first strategic plan for the City of Meridian, the connection to the City’s budget will be done via existing and future Department Plans. This means that, as each Department refreshes its plan, the focus areas and goals established within this strategic plan will be evident in the Department’s budget. Execution: Strategic Plan Management and Accountability A plan poorly implemented is like having no plan at all. As part of the City’s strategic planning process, the Strategic Planning Team identified and invited several key staff members from each of their Departments to participate in a Change Management workshop. The purpose behind the workshop was to prepare and train key staff on managing change - in this case, providing staff the perspectives and tools to help implement the Strategic Plan. The responsibility for the development and execution of the City’s Strategic Plan is vested with the Mayor. Since the Strategic Plan represents the core agenda of the organization, it is incumbent upon the Mayor to oversee its development and shepherd its execution. Now that the Plan has been developed, the administration of the Plan and the accountability for its execution are paramount. To guide those two aspects (administration and execution), the following set of responsibilities has been developed: Frequency Activity Responsible Party Reporting Audience Quarterly Review strategic goal measurements and execution progress Mayor City Leadership Team Semi- annually Execution progress report Mayor City Council Meridian City Council Meeting Agenda March 27, 2018 – Page 462 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 10 of 16 This Plan is intended to transcend changes in the political environment. Organizational constancy is critical in maintaining momentum and achieving the desired results. However, it is important to recognize that major changes in elected leadership, City Council composition or modification to Council policies, strategies, plans, budget initiatives, etc., may impact the content, implementation, and successful attainment of this Strategic Plan. While this Plan itself serves as a guide that describes the strategic and tactical activities of the City of Meridian, the measure of success for the City in its strategic pursuits will be marked by the goal achievement contained in the Plan. Just as important will be the extent to which the City reviews and updates its strategic plan based on changing conditions and circumstances. In the end, strategic planning is a process, not an event, and it is that process that will define and ensure a competitive and purposeful organization. Annually Review and refine the strategic plan Mayor City Council and the City Leadership Team Annually Review and refine Department plans Department Directors Departments and Mayor Meridian City Council Meeting Agenda March 27, 2018 – Page 463 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 11 of 16 Next Steps: Operationalizing the Plan Tactical Plan Development The first phase of the City’s approach to developing its strategic plan involved conducting an environmental scan, aligning its mission, vision, and values statements, organizing its resource inputs, developing strategic focus areas, and identifying key goals and objectives to align and advance the City’s resources toward the pursuit of its vision. What must follow is the development of Department-level tactical plans which align and support the City’s Strategic Plan. These tactical plans will need to define the activities, resources, timeframes, and costs required to advance the identified objectives in the City’s Strategic Plan. Performance measures and routine performance audits will ensure that each Department is appropriately engaged and aligned in advancing the City’s vision. TACTIC : Tactic #: Title of the Tactic GOAL RELEVANCE : Insert Goal Title This Tactic Supports SUPPORTING OBJECTIVE : Insert Objective Title This Tactic Supports Priority: Select between 1=Highest and 5=Lowest Estimated Cost: Select Between $=Lowest and $$$$$=Highest Anticipated Start Date: Identify Start Date Completion Date : Identify Completion Date Lead Staff: Insert Tactic Lead Support Staff: Insert Support Groups(s)/Individual(s) External Support: Identify Those Outside Your Division/Department Required To Advance The Tactic. Tactical Summary: Insert Brief Tactical Summary Here. Activities: List All Activities Required to Complete This Tactic in Logical/Chronological Order Below: a) b) c) d) e) f) Performance Measure(s): List all Performance Measures to be Used. a) b) Status Update: Provide status updates here. Example Tactical Summary Meridian City Council Meeting Agenda March 27, 2018 – Page 464 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 12 of 16 Meridian’s Strategic Plan: Goals and Objectives 1. Strategic Growth Good growth fuels a city. Meridian will promote growth that enhances its vision and is family-focused, properly planned, financially viable, and diverse. Goals: A. Facilitate the development and growth of Meridian’s downtown culminating in a strong and diverse community core. 1. Reinvigorate the Destination Downtown plan by gaining broad, strong support and positioning the plan for implementation. 2. Evaluate and, if appropriate, expand the Urban Renewal District . (Completed) 3. Reform the Meridian Development Corporation to maximize its use in developing downtown. (Removed Council 7/11/17) B. Create a growth management system to foster the growth goals of the City in alignment with the Comprehensive Plan. 1. Define and articulate the City’s growth goals. 2. Identify priority growth areas and incentivize growth and development. 3. Complete rezoning in targeted growth areas to direct types of development in alignment with the City’s growth goals. 4. Promote and guide desired growth with investments in utility infrastructure and services ahead of growth. 5. Develop and implement a sustainable growth management system that includes the Fiscal Impact Model to inform service levels, staffing, and General/ Enterprise Fund impacts. (Inactive Revisit – 03/27/18) C. Preserve and protect land use and zoning plans to promote certainty and predictability for future development within the adopted Area of City Impact. 1. Ensure area City Impact Boundaries are consistent with infrastructure plans, service boundaries and growth goals. 2. Align Future Land Use Map with the City’s growth goals. 3. Identify economic development opportunities for interactive, educational, agricultural industries. D. Develop and sustain the connections that shape and serve our community. 1. Develop, promote and realize a Master Mobility Plan, ensuring that residents and visitors have safe and efficient mobility options into the future. Meridian City Council Meeting Agenda March 27, 2018 – Page 465 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 13 of 16 2. Economic Vibrancy Jobs make a City vibrant. Meridian will recruit family-wage jobs and promote the growth of existing organizations in employment zones that put work and life together. Goals: A. Influence the location and retention of family-wage jobs in close proximity to where people live. 1. Identify, develop, and utilize the tools needed for successful attraction and retention of jobs. 2. Develop and maintain the broad spectrum of partnerships needed to cultivate diverse businesses and jobs. (Completed) 3. Promote job growth by identifying and attracting businesses in technology, agricultural science and technology, health sciences, animal sciences, and food production. 4. Create a variety of housing options, open spaces, and amenities in order to provide living choices for a diverse workforce. B. Partner with others to develop a qualified workforce that meets the needs of targeted industries. 1. Promote opportunities for and access to entry level and advanced education for targeted industries. 2. Promote internal cultural and workforce diversity. C. Promote a diverse and sustainable economy. 1. Identify targets and gaps in available goods and services. 2. Promote identified special business districts. 3. Pursue key catalyst projects. Meridian City Council Meeting Agenda March 27, 2018 – Page 466 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 14 of 16 3. Responsive Government The successful government of the 21st century is service driven, approachable, and responsive. Meridian will embody those qualities by improving efficiency, enhancing transparency, utilizing technology, and investing in our employees. Goals: A. Elevate the engagement of the community with local government. 1. Evaluate and define the objectives of, and adapt new strategies to elevate participation in, City activities. (Completed) 2. Improve citizen access to government. 3. Develop partnerships allowing the City to become an access point to other government. B. Establish a comprehensive workforce development and retention program for the City. 1. Develop a cost effective and competitive benefit plan. 2. Identify position specific training needs. 3. Develop a succession planning program. 4. Develop an employee engagement program. 5. Develop and maintain a competitive compensation program that enables quality recruitment and rewards and encourages high performance. C. Ensure flexibility, adaptability, and resiliency of government during times of crisis and recovery. 1. Develop a local Incident Management Team to respond during and after times of community crisis . (Completed) 2. Fully deploy and adequately train staff to meet all objectives of the City of Meridian Continuity of Operations Plan (COOP). 3. Develop and implement technological and communications contingency plans and programs for continuity of City operations. D. Improve operational efficiency and organizational excellence. 1. Align resources, systems, and employees to meet strategic objectives and priorities. 2. Develop and deploy a City-wide performance measurement, monitoring, and reporting program. 3. Develop and deploy a City-wide continuous improvement program. 4. Evaluate the need for centralized, professional administrative and operational oversight for City functions. (Removed Council 07/11/17) E. Enhance transparency and decision-making of City government. 1. Establish clearly defined roles and responsibilities of City leadership up to and including Elected Officials. (Completed) 2. Conduct a priorities-of-government exercise to identify community expectations and desired level of service standards. (Removed and combined with 3.E.4. Council Approved 07/11/17) 3. Align community programs, City policies/ordinances, and staffing resources based on community expectations and desired level of service. (Removed Council 3/27/18) 4. Implement a cost of government program in order to evaluate and establish a Priority Based Budgeting system for the City of Meridian. Meridian City Council Meeting Agenda March 27, 2018 – Page 467 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 15 of 16 4. Safe, Healthy, and Secure For a community to prosper it must be safe, secure, and healthy. Meridian will invest in activities and services that enhance public safety and community health to build a stronger community and promote the quality of life that its citizens and employees expect. Goals: A. Establish Meridian as a premier safe community. 1. Identify and Evaluate Natural Threats and Hazards, employ standards and establish benchmarks for the Safety Profile of Meridian. 2. Identify and Evaluate Human Caused Threats and Hazards, employ standards and establish benchmarks for the safety profile of Meridian. 3. Align City ordinances, codes, policies, and resources based on the adopted Safety Profile. 4. Deploy programs and identify gaps to enhance the community’s perception of public safety. 5. Become the Safest City in Idaho regardless of size. B. Establish Meridian as a premier healthy community. 1. Use industry standards and benchmarks to develop and communicate the Health Profile of Meridian. 2. Compare adopted Health Profile to current processes, identify gaps and deploy programs and services that meet the adopted Health Profile. 3. Align City ordinances, codes, policies, and resources based on the adopted Health Profile. 4. Build and maintain a broad spectrum of partnerships to create a healthy community and improve access to health care services. 5. Become among the Top 100 “Healthiest Cities” nationally. (Removed Council 03/27/18) C. Promote and connect social services that strengthen the socio-economic well-being of the community. 1. Define the educational, financial, food, housing, transportation, and healthcare environment to assist in determining the Socio-Economic Profile within the community. 2. Set targets and identify gaps in programs and services to elevate the Socio- Economic Profile of the community. 3. Build and maintain a broad spectrum of partnerships to create a secure community and improve the education of and access to social and support services. 4. Deploy programs and services that address social and support services deficiencies. (Removed Council 07/11/17) 5. Align City ordinances, codes, policies, and resources based on the adopted Socio- Economic Profile. D. Establish a comprehensive Health and Safety Program for the City of Meridian. 1. Develop a comprehensive Risk Management program inclusive of risk identification, mitigation, safety, training, and proper resourcing. 2. Develop a comprehensive family-focused Health and Wellness Program for City employees. (Completed) E. Advance sustainable and environmentally healthy practices throughout the City. 1. Promote green building designs, practices, and materials that improve indoor air quality and overall health. (Removed Council 07/11/17) Meridian City Council Meeting Agenda March 27, 2018 – Page 468 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 16 of 16 2. Develop and implement citywide internal sustainable programs. 3. Participate in and foster community based sustainable programs, projects, and services. 5. Arts, Culture, and Recreation A premier community embraces cultural diversity and promotes an abundant offering of arts, entertainment, and recreational opportunities. Meridian will invest in services, facilities, programs, and partnerships to establish itself as an active and vibrant community that fulfills the diverse cultural and recreational needs of its people. Goals: A. Spur development of quality, regionally significant facilities for recreation and entertainment in Meridian. 1. Establish partnerships that foster development of mixed or single use facilities for performing arts and conferences. 2. Identify desired public sports facilities or complexes and establish partnerships that foster their development. (Completed) 3. Evaluate available tools for financing recreation and entertainment facilities. 4. Foster development of Discovery Parks that uniquely blend arts, entertainment, and culture. B. Develop, maintain, and foster a portfolio of activities and events that serve the diverse needs of the citizens of Meridian. 1. Determine, attract, promote, and maintain a “signature” event for the City. (Removed Council 07/11/17) 2. Determine the viability of and, if feasible, develop a “farmers market.” (Completed) 3. Foster development of vibrant downtown entertainment options to meet the needs of various generations. 4. Set targets, identify gaps, and deploy programs, activities, and events that provide family-centered recreational opportunities. C. Foster the infusion of arts in our community. 1. Research and identify a catalog of long-term funding mechanisms and contributors for supporting arts and culture. 2. Develop a plan to infuse art in public spaces. 3. Connect to the artisan community and promote the education of all art forms and their historical significance/value in our community. Meridian City Council Meeting Agenda March 27, 2018 – Page 469 of 493 City of Meridian Strategic Plan 2016-2020 March ‘18 Adopted: Amended: May 5, 2015 March 27, 2018 Amended: January 12, 2016 Amended: July 11, 2017 Meridian City Council Meeting Agenda March 27, 2018 – Page 470 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 2 of 17 Table of Contents Introduction: New Opportunities, New Horizons ............................................................. 3 Strategic Planning: Purpose and Intent ............................................................................... 3 Municipal Organization ....................................................................................................... 4 City Services ............................................................................................................................. 4 Strategic Planning: The Process ....................................................................................... 5 Our Mission .............................................................................................................................. 6 Our Vision. ................................................................................................................................. 6 Our Values. ................................................................................................................................ 7 Alignment: Goal Formulation .................................................................................................. 8 Execution: Strategic Plan Management and Accountability ....................................... 9 Next Steps: Operationalizing the Plan .............................................................................. 11 Tactical Plan Development ............................................................................................. 11 Meridian’s Strategic Plan: Goals and Objectives ........................................................... 12 1. Strategic Growth ......................................................................................................... 12 2. Economic Vibrancy .................................................................................................... 13 3. Responsive Government.......................................................................................... 14 4. Safe, Healthy, and Secure ........................................................................................ 15 5. Arts, Culture, and Recreation ................................................................................ 16 Meridian City Council Meeting Agenda March 27, 2018 – Page 471 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 3 of 17 Introduction: New Opportunities, New Horizons For more than two consecutive decades, the City of Meridian has been the fastest growing City in the State of Idaho. The City’s population tripled between 1990 and 2000 and then doubled again between 2000 and 2008. In 2014, Meridian arguably became the second largest City in the State of Idaho and the 10th fastest growing City in the Nation. The City’s population explosion has necessitated the expansion of services, the addition of staff, and the need to better visualize, organize, and plan its future. While growth has been a positive, influencing factor in Meridian’s success, the City must do more to guide growth and the expansion of its services. For the past few years, the City has been conducting surveys of its citizens and employees to gather information regarding its management and planning efforts. These inputs have been a valuable contribution in the development of the City’s Strategic Plan. To truly become the premier place to live, work, and raise a family, the City must be purposeful and visionary in the establishment of financially sound growth goals and the identification of community service expectations. It must then align its fiscal and human resources to achieve those goals. This document endeavors to set, organize, and place a plan into action to accomplish those goals. Strategic Planning: Purpose and Intent Strategic planning is one of the most important responsibilities of the leadership of any organization. It is the activity that establishes a clear vision for the organization and sets appropriate strategic objectives to guide fulfillment of the vision. It also aligns appropriate resources and deployment decisions to achieve the strategic objectives and establishes measures that ensure attainment of those objectives within specified time frames. Like all cities, Meridian is continually faced with a myriad of challenges and opportunities. The demands of growth on budgets, infrastructure, and staffing underscore the need for a comprehensive and clear strategic plan. Because cities must reconcile the needs of a community with a diverse service offering, it is challenging to focus citizens, leaders, and staff in one direction. The role of this strategic plan, therefore, is to provide that focus, facilitate the successful growth of the community, and provide a platform to purposefully advance the City as an organization. This strategic plan will serve as a roadmap for the City’s success over the next five years. It will also serve as a tool to communicate the City’s intentions to the community, focus the direction of its financial resources and employees, and ensure that short-term goals and Meridian City Council Meeting Agenda March 27, 2018 – Page 472 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 4 of 17 objectives are met in a timely fashion to ensure attainment of the City’s overall vision. This plan defines specific results that are to be achieved, outlines a course of action for achieving them, and details measurements to ensure the outcomes of those results. Additionally, this plan will ensure that the most important City priorities are identified, communicated, and achieved with direction and effective planning so that all may know what is expected and how to achieve success. The City will be diligent in focusing its efforts on strategic objectives that it can control and influence within the scope of its mission and vision. The implementation of this plan and the decision making around it will align with the City values. Municipal Organization The City of Meridian lies at the heart of Idaho’s Treasure Valley. Meridian is one of the fastest growing cities in Idaho and it is a magnet for people looking for a family-oriented community in the Intermountain West. A long and vibrant heritage in agriculture has given way to homes and businesses that share a common goal - being part of a diverse and vibrant community that is a great place to work, live, and raise a family. Over the past 25 years, the City has grown substantially. So, too, have its responsibilities, service expectations, and staffing requirements. Today, the City of Meridian is a full service city that contains more than 375 staff members distributed between ten Departments, has an operating budget of more than $90M, and currently serves a population of more than 90,000 residents. This document represents the City of Meridian’s first formalized Strategic Plan. City Services Cities are unique organizations because of the diversity and complexity of their service offerings. Like all cities, Meridian provides many primary services directly to the community while forming partnerships with other governmental units to provide the remainder of services to its citizens. The City of Meridian currently provides the following services directly to the community: • Police • Fire and Medical Response • Land Use, Planning and Building • Parks and Recreation Services • Water • Sewer • Economic Development • Administrative Services Meridian City Council Meeting Agenda March 27, 2018 – Page 473 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 5 of 17 Working closely with government and private partners allows citizens to also receive, among other services: • Recycling and trash collection through a franchise agreement • Roads via the Ada County Highway District • Libraries via the Meridian Library District • Pools via the Western Ada Recreation District • Downtown development via the Meridian Development Corporation • Criminal Prosecution Services through the City of Boise Ada County, the State of Idaho, and the Federal Government also directly serve the citizens of Meridian. Strategic Planning: The Process Strategic planning is an iterative but logical process. It involves conducting an environmental scan or SWOT analysis (Strengths, Weaknesses, Opportunities, Threats) of the organization, defining or refining the organization’s mission, vision and value statements, developing goals, establishing objectives, operationalizing and implementing the plan, and monitoring for results. Meridian City Council Meeting Agenda March 27, 2018 – Page 474 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 6 of 17 To establish the City’s strategic plan, the City chose Leadership Advisors Group to facilitate its planning process. The City then developed a Strategic Planning Team comprised of the Mayor and the Executive Leadership Team. The Strategic Planning Team is responsible for the development and articulation of the overall direction of the organization. As Chief Elected Officer, the Mayor will be accountable for the performance and administration of the Strategic Plan. To guide the planning process, the Team was first trained on the Dimensional Strategy® framework. This framework helps leaders to navigate their organization’s complexity to create a unifying, compelling, and achievable strategic plan. Using this framework, the Team participated in an organization-wide Strengths Assessment. The Strengths Assessment helped to measure the City’s planning readiness and overall management strength, as well as identify potential risks during the strategic planning process. Then the Team conducted a SWOT analysis. This analysis was used to identify the key internal and external factors seen as influencing or impacting the City organization. Internal factors (strengths and weaknesses) are controllable by the organization. External factors (opportunities and threats) impact organizations but are not controllable by the organization. From this exercise, the City gained insights that were carried into the strategic planning process. Several Team meetings culminated in the revision of the City’s Mission statement, an update to its Vision statement, and the review and affirmation of its organizational values. Our Mission: We love Meridian; it’s our town and our mission is to cultivate a vibrant community by delivering superior service through committed, equipped employees dedicated to the stewardship of our community’s resources. Our Vision: Where we see ourselves as an organization and community in the future. By 2035, Meridian will be the West’s premier community in which to live, work, and raise a family. Strategic Planning Team Leader Title Tammy de Weerd Mayor Tom Barry Director of Public Works Bruce Chatterton Director of Community Development Jaycee Holman Director of IT / City Clerk Stacy Kilchenmann Director of Finance Jeff Lavey Chief of Police Bill Nary City Attorney Mark Niemeyer Fire Chief Patti Perkins Director of Human Resources Steve Siddoway Director of Parks & Recreation Robert Simison Mayor’s Chief of Staff Meridian City Council Meeting Agenda March 27, 2018 – Page 475 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 7 of 17 • Proactive City policies and well-educated, capable employees will, together, create a compelling economic advantage yielding robust family-wage jobs that will nourish our welcoming, vibrant, and diverse business environment. • Our strategic growth will ensure an orderly development that balances resources and leverages partnerships to create a sustainable and financially viable community. • A flexible and responsive government will ensure that services meet demand with financial prudence and excellence while safeguarding our community’s health and safety . • Community members will enjoy a vibrant downtown and a myriad of diverse arts, cultural, and recreational offerings to have meaningful experiences. Our Values: The core principles that guide our treatment of one another, our customers, and our decisions. At the City of Meridian, we CARE . That means: • Providing the best Customer Service to our community, colleagues, and partners by listening and responding in a timely, friendly, professional, and solution-oriented manner. • Exemplifying Accountability by understanding our role in the organization, knowing our jobs, and accepting that each of us is responsible for our own work, choices, and actions. Acting as stewards of the community’s resources, our environment, and our relationships. • Showing Respect by being trustworthy and courteous. We honor, accept, and include people with diverse opinions and backgrounds. • Demonstrating continual Excellence through professionalism, going beyond the parameters of our job while being creative, innovative, flexible, and adaptable to multiple needs. Next, the team met with the City Council to discuss the SWOT analysis results, share the mission, vision, and value statements, and brainstorm future strategic initiatives, focus areas, and goals for the City. This strategy session helped the Team narrow the City’s strategic focus areas into five broad categories. By identifying and prioritizing these focus areas, the City has effectually defined the targets into which the City will invest its time, energy, and resources to advance. Meridian City Council Meeting Agenda March 27, 2018 – Page 476 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 8 of 17 Alignment: Goal Formulation Three existing plans also played a role in forming this strategic plan. While the strategic plan will be the overarching organizational and community agenda, the plan is informed and enlivened by the City’s Comprehensive Plan, Capital Improvement Plan, and Economic Development Plan. Comprehensive Plan: Establishes the vision for the City’s development future, including key elements such as the land use plan and Area of City Impact. Capital Improvement Plan: Identifies capital projects and equipment purchases, provides a planning schedule, and identifies options for financing the short- range plan (usually five to ten years). Economic Development Plan: Provides targets for attracting, retaining, and expanding businesses in Meridian. The graphic to the right reflects the inter-relationship of the various plans. The other major aspect of the City that must be reconciled to the strategic plan is the City’s Strategic Focus Areas Focus Area Description Strategic Growth Good growth fuels a city. Meridian will promote growth that enhances its vision and is family-focused, properly planned, financially viable, and diverse. Economic Vibrancy Jobs make a City vibrant. Meridian will recruit family-wage jobs and promote the growth of existing organizations in employment zones that put work and life together. Responsive Government The successful government of the 21st century is service driven, approachable, and responsive. Meridian will embody those qualities by improving efficiency, enhancing transparency, utilizing technology, and investing in our employees. Safe, Healthy, and Secure For a community to prosper, it must be safe, secure, and healthy. Meridian will invest in activities and services that enhance public safety and community health to build a stronger community and promote the quality of life that its citizens and employees expect. Arts, Culture & Recreation A premier community embraces cultural diversity and promotes an abundant offering of arts, entertainment, and recreational opportunities. Meridian will invest in services, facilities, programs, and partnerships to establish itself as an active and vibrant community that fulfills the diverse cultural and recreational needs of its people. Department Plans Comprehensive Plan Capital Improvement Plan Economic Development Plan Strategic Plan Meridian City Council Meeting Agenda March 27, 2018 – Page 477 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 9 of 17 budgetary plan. The City’s budget must reflect the strategy. The interchange between the above plans and the new strategic plan is intended to be complementary. In addition to the aforementioned plans and the City Strategic Plan, each Department will need to develop a Department Plan that correlates to the Goals and Objectives of the Citywide Strategic Plan at a tactical/operational level. Since this is the first strategic plan for the City of Meridian, the connection to the City’s budget will be done via existing and future Department Plans. This means that, as each Department refreshes its plan, the focus areas and goals established within this strategic plan will be evident in the Department’s budget. Execution: Strategic Plan Management and Accountability A plan poorly implemented is like having no plan at all. As part of the City’s strategic planning process, the Strategic Planning Team identified and invited several key staff members from each of their Departments to participate in a Change Management workshop. The purpose behind the workshop was to prepare and train key staff on managing change - in this case, providing staff the perspectives and tools to help implement the Strategic Plan. The responsibility for the development and execution of the City’s Strategic Plan is vested with the Mayor. Since the Strategic Plan represents the core agenda of the organization, it is incumbent upon the Mayor to oversee its development and shepherd its execution. Now that the Plan has been developed, the administration of the Plan and the accountability for its execution are paramount. To guide those two aspects (administration and execution), the following set of responsibilities has been developed: Frequency Activity Responsible Party Reporting Audience Quarterly Review strategic goal measurements and execution progress Mayor City Leadership Team Semi- annually Execution progress report Mayor City Council Meridian City Council Meeting Agenda March 27, 2018 – Page 478 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 10 of 17 This Plan is intended to transcend changes in the political environment. Organizational constancy is critical in maintaining momentum and achieving the desired results. However, it is important to recognize that major changes in elected leadership, City Council composition or modification to Council policies, strategies, plans, budget initiatives, etc., may impact the content, implementation, and successful attainment of this Strategic Plan. While this Plan itself serves as a guide that describes the strategic and tactical activities of the City of Meridian, the measure of success for the City in its strategic pursuits will be marked by the goal achievement contained in the Plan. Just as important will be the extent to which the City reviews and updates its strategic plan based on changing conditions and circumstances. In the end, strategic planning is a process, not an event, and it is that process that will define and ensure a competitive and purposeful organization. Annually Review and refine the strategic plan Mayor City Council and the City Leadership Team Annually Review and refine Department plans Department Directors Departments and Mayor Meridian City Council Meeting Agenda March 27, 2018 – Page 479 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 11 of 17 Next Steps: Operationalizing the Plan Tactical Plan Development The first phase of the City’s approach to developing its strategic plan involved conducting an environmental scan, aligning its mission, vision, and values statements, organizing its resource inputs, developing strategic focus areas, and identifying key goals and objectives to align and advance the City’s resources toward the pursuit of its vision. What must follow is the development of Department-level tactical plans which align and support the City’s Strategic Plan. These tactical plans will need to define the activities, resources, timeframes, and costs required to advance the identified objectives in the City’s Strategic Plan. Performance measures and routine performance audits will ensure that each Department is appropriately engaged and aligned in advancing the City’s vision. TACTIC : Tactic #: Title of the Tactic GOAL RELEVANCE : Insert Goal Title This Tactic Supports SUPPORTING OBJECTIVE : Insert Objective Title This Tactic Supports Priority: Select between 1=Highest and 5=Lowest Estimated Cost: Select Between $=Lowest and $$$$$=Highest Anticipated Start Date: Identify Start Date Completion Date : Identify Completion Date Lead Staff: Insert Tactic Lead Support Staff: Insert Support Groups(s)/Individual(s) External Support: Identify Those Outside Your Division/Department Required To Advance The Tactic. Tactical Summary: Insert Brief Tactical Summary Here. Activities: List All Activities Required to Complete This Tactic in Logical/Chronological Order Below: a) b) c) d) e) f) Performance Measure(s): List all Performance Measures to be Used. a) b) Status Update: Provide status updates here. Example Tactical Summary Meridian City Council Meeting Agenda March 27, 2018 – Page 480 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 12 of 17 Meridian’s Strategic Plan: Goals and Objectives 1. Strategic Growth Good growth fuels a city. Meridian will promote growth that enhances its vision and is family-focused, properly planned, financially viable, and diverse. Goals: A. Facilitate the development and growth of Meridian’s downtown culminating in a strong and diverse community core. 1. Reinvigorate the Destination Downtown plan by gaining broad, strong support and positioning the plan for implementation. 2. Evaluate and, if appropriate, expand the Urban Renewal District. (Completed) 3. Reform the Meridian Development Corporation to maximize its use in developing downtown. (Removed Council 7/11/17) B. Create a growth management system to foster the growth goals of the City in alignment with the Comprehensive Plan. 1. Define and articulate the City’s growth goals. 2. Identify priority growth areas and incentivize growth and development. 3. Complete rezoning in targeted growth areas to direct types of development in alignment with the City’s growth goals. 4. Promote and guide desired growth with investments in utility infrastructure and services ahead of growth. (Modified 03/27/18) 5. Develop and implement a sustainable growth management system that includes the Fiscal Impact Model to inform service levels, staffing, and General/ Enterprise Fund impacts. (Inactive Revisit – 03/27/18) C. Preserve and protect land use and zoning plans to promote certainty and predictability for future development within the adopted Area of City Impact. 1. Codify established Area of City Impact boundaries. Ensure area City Impact Boundaries are consistent with infrastructure plans, service boundaries and growth goals. (Modified 03/27/18) 2. Align land use plan Future Land Use Map with the City’s growth goals. (Modified 03/27/18) 3. Identify and preserve land(s) economic development opportunities for interactive, educational, agricultural-based destination(s) industries . (Modified 03/27/18) D. Develop and sustain the connections that shape and serve our community. 1. Develop, promote and realize a Master Mobility Plan, ensuring that residents and visitors have safe and efficient mobility options into the future . (Modified 03/27/18) Meridian City Council Meeting Agenda March 27, 2018 – Page 481 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 13 of 17 2. Economic Vibrancy Jobs make a City vibrant. Meridian will recruit family-wage jobs and promote the growth of existing organizations in employment zones that put work and life together. Goals: A. Influence the location and retention of family-wage jobs in close proximity to where people live. 1. Identify, develop, and utilize the tools needed for successful attraction and retention of jobs. 2. Develop and maintain the broad spectrum of partnerships needed to cultivate diverse businesses and jobs. (Completed) 3. Promote job growth by identifying and attracting businesses in technology, agricultural science and technology, health sciences, animal sciences, and food production. 4. Create a variety of housing options, open spaces, and amenities in order to provide living choices for a diverse workforce. B. Partner with others to develop a qualified workforce that meets the needs of targeted industries. 1. Promote opportunities for and access to entry level and advanced education for targeted industries. 2. Promote internal cultural and workforce diversity. (Modified 03/27/18) C. Promote a diverse and sustainable economy. 1. Identify targets and gaps in available goods and services. 2. Promote identified special business districts. 3. Pursue key catalyst projects. Meridian City Council Meeting Agenda March 27, 2018 – Page 482 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 14 of 17 3. Responsive Government The successful government of the 21st century is service driven, approachable, and responsive. Meridian will embody those qualities by improving efficiency, enhancing transparency, utilizing technology, and investing in our employees. Goals: A. Elevate the engagement of the community with local government. 1. Evaluate and define the objectives of, and adapt new strategies to elevate participation in, City activities. (Completed 03/27/18) 2. Improve citizen access to government. 3. Develop partnerships allowing the City to become an access point to other government. B. Establish a comprehensive workforce development and retention program for the City. 1. Develop a cost effective and competitive benefit plan. 2. Identify position specific training needs. 3. Develop a succession planning program. 4. Develop an employee engagement program. 5. Develop and maintain a competitive compensation program that enables quality recruitment and rewards and encourages high performance. C. Ensure flexibility, adaptability, and resiliency of government during times of crisis and recovery. 1. Develop a local Incident Management Team to respond during and after times of community crisis. (Completed 03/27/18) 2. Fully deploy and adequately train staff to meet all objectives of the City of Meridian Continuity of Operations Plan (COOP). 3. Develop and implement technological and communications contingency plans and programs for continuity of City operations. D. Improve operational efficiency and organizational excellence. 1. Align resources, systems, and employees to meet strategic objectives and priorities. 2. Develop and deploy a City-wide performance measurement, monitoring, and reporting program. 3. Develop and deploy a City-wide continuous improvement program. 4. Evaluate the need for centralized, professional administrative and operational oversight for City functions. (Removed Council 07/11/17) E. Enhance transparency and decision-making of City government. 1. Establish clearly defined roles and responsibilities of City leadership up to and including Elected Officials. (Completed) 2. Conduct a priorities-of-government exercise to identify community expectations and desired level of service standards. (Removed and combined with 3.E.4. Council Approved 07/11/17) 3. Align community programs, City policies/ordinances, and staffing resources based on community expectations and desired level of service. (Removed 03/27/18) 4. Institute a priority-based budget system to meet adopted level of service expectations. Implement a cost of government program in order to evaluate and Meridian City Council Meeting Agenda March 27, 2018 – Page 483 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 15 of 17 establish a Priority Based Budgeting system for the City of Meridian. (Modified 03/27/18) 4. Safe, Healthy, and Secure For a community to prosper it must be safe, secure, and healthy. Meridian will invest in activities and services that enhance public safety and community health to build a stronger community and promote the quality of life that its citizens and employees expect. Goals: A. Establish Meridian as a premier safe community. 1. Use industry standards and benchmarks to develop and communicate the Safety Profile of Meridian. Identify and Evaluate Natural Threats and Hazards, employ standards and establish benchmarks for the Safety Profile of Meridian. (Modified 03/27/18) 2. Set targets, identify gaps, and deploy programs and services that elevate the Safety Profile to achieve the desired targets. Identify and Evaluate Human Caused Threats and Hazards, employ standards and establish benchmarks for the safety profile of Meridian. (Modified 03/27/18) 3. Align City ordinances, codes, policies, and resources based on the adopted Safety Profile. 4. Identify gaps and deploy programs and services that enhance the ability of people to move safely within and through the community. Deploy programs and identify gaps to enhance the community’s perception of public safety. (Modified 03/27/18) 5. Become the Safest City in Idaho regardless of size. B. Establish Meridian as a premier healthy community. 1. Use industry standards and benchmarks to develop and communicate the Health Profile of Meridian. 2. Set targets, identify gaps, and deploy programs and services that elevate the Health Profile to achieve the desired targets. Compare adopted Health Profile to current processes, identify gaps and deploy programs and services that meet the adopted Health Profile. (Modified 03/27/18) 3. Align City ordinances, codes, policies, and resources based on the adopted Health Profile. 4. Build and maintain a broad spectrum of partnerships to create a healthy community and improve access to health care services. 5. Become among the Top 100 “Healthiest Cities” nationally. (Removed 03/27/18 ) C. Promote and advance connect social services that strengthen the socio-economic well-being of the community. (Modified 03/27/18) 1. Define the educational, financial, food, shelter, housing, transportation, personal preparedness, and personal security healthcare environment to assist in determining the (“Socio-Economic Profile”) within the community. (Modified 03/27/18) 2. Set targets and identify gaps in programs and services to elevate the Socio- Economic Profile of the community. 3. Build and maintain a broad spectrum of partnerships to create a secure community and improve the education of and access to social and support services. 4. Deploy programs and services that address social and support services deficiencies. (Removed Council 07/11/17) 5. Align City ordinances, codes, policies, and resources based on the adopted Socio- Economic Profile. Meridian City Council Meeting Agenda March 27, 2018 – Page 484 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 16 of 17 D. Establish a comprehensive Health and Safety Program for the City of Meridian. 1. Develop a comprehensive Risk Management program inclusive of risk identification, mitigation, safety audits, training, and proper resourcing. (Modified 03/27/18) 2. Develop a comprehensive family-focused Health and Wellness Program for City employees. (Completed 03/27/18) E. Advance sustainable and environmentally healthy practices throughout the City. 1. Promote green building designs, practices, and materials that improve indoor air quality and overall health. (Removed Council 07/11/17) 2. Develop and implement citywide internal sustainable programs. sustainability initiatives in the areas of water conservation, recycling, and energy efficiency. (Modified 03/27/18) 3. Promote Participate in and foster community based eco-sustainable programs, projects, and services. (Modified 03/27/18) 5. Arts, Culture, and Recreation A premier community embraces cultural diversity and promotes an abundant offering of arts, entertainment, and recreational opportunities. Meridian will invest in services, facilities, programs, and partnerships to establish itself as an active and vibrant community that fulfills the diverse cultural and recreational needs of its people. Goals: A. Spur development of quality, regionally significant facilities for recreation and entertainment in Meridian. 1. Establish partnerships that foster development of mixed or single use facilities for performing arts and conferences. 2. Identify desired public sports facilities or complexes and establish partnerships that foster their development. (Completed 03/27/18) 3. Evaluate available tools for financing recreation and entertainment facilities. 4. Foster development of Discovery Parks that uniquely blend arts, entertainment, and culture. B. Develop, maintain, and foster a portfolio of activities and events that serve the diverse needs of the citizens of Meridian. 1. Determine, attract, promote, and maintain a “signature” event for the City. (Removed Council 07/11/17) 2. Determine the viability of and, if feasible, develop a “farmers market.” (Completed) 3. Foster development of vibrant downtown entertainment options to meet the needs of various generations. 4. Set targets, identify gaps, and deploy programs, activities, and events that provide family-centered recreational opportunities. Meridian City Council Meeting Agenda March 27, 2018 – Page 485 of 493 City of Meridian Amended: March 27, 2018 Strategic Plan Page 17 of 17 C. Foster the infusion of arts in our community. 1. Research and identify a catalog of long-term funding mechanisms and contributors for supporting arts and culture. 2. Develop a plan to infuse art in public spaces. 3. Connect to the artisan community and promote the education of utilitarian all art forms and their historical significance/value in our community. (Modified 03/27/18) Meridian City Council Meeting Agenda March 27, 2018 – Page 486 of 493 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 11A Project/File Number: Ordinance No. 18-1767: Kobe/Cope H-2017-0157 An Ordinance of the City of Meridian granting the rezone of a parcel of Land being a portion of the W'/2 of the SW'/4 of the SW'/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in the attached Exhibit "A"; Establishing and Determining the Land Use Zoning Classification of Said Lands from C -G (General Retail and Service Commercial) to I -L (Light Industrial District) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. Meetina Notes g kplifil ADA COUNTY RECORDER Christopher D. Rich 2018-027681 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/29/2018 08:22 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 18-1161_ BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2017-0157 — KOBE/COPE) FOR THE RE -ZONE OF A PARCEL OF LAND BEING A PORTION OF THE W/2 OF THE SW 1/ OF THE SW 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM C -G (GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT TO I -L (LIGHT INDUSTRIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Kobe, LLC. SECTION 2. That the above-described real property is hereby re -zoned from C -G (General Retail and Service Commercial) Zoning District to I -L (Light Industrial) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE ZONE ORDINANCE — KOBE/COPE - H-2017-0157 PAGE 1 OF 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7rj"" day of H arCY) , 2018. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of I-Aaye n 92018. RE ZONE ORDINANCE - KOBE/COPE - H-2017-0157 PAGE 2 OF 3 STATE OF IDAHO, ) ss: County of Ada ) On this ►2M day ofHagAn 2018, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (S 1_ ;. o Notary Public for Idaho Q O� ARp Residing At: pfd &6W T My Commission Expires: ac) �•a- • (, i 1 U a v • o � • °•® ATE OY •.• RE ZONE ORDINANCE - KOBE/COPE - H-2017-0157 PAGE 3 OF 3 Exhibit A November 27, 2017 Description for Meridian City Rezone Cope Collision Site Proposed Madden Subdivision A parcel of land being a portion of the W '/: of the SW K of the SW '/3 of Section 8, T.3N, RAE., B.M., City of Meridian, Ada County, Idaho, said parcel being more particularly described as follows: BEGINNING at a brass cap marking the SW comer of said Section 8, from Whence the W '/s corner of said Section 8 been North 00°25'49" East, 2650.83 feet; Thence along the tivest boundary of said Section 8 North 00°25'49" East, 372.36 feet; Thence leaving said boundary South 89°34'20" East, 661.47 feet to a point on the centerline of N. Nola Road; Thence along said centerline South 00°28'1.5" West, 367,83 feet to apoint on the south boundary of said Section 8; Thence along said south boundary North 89'57'53" West, 661.23 feet to the POI1N'T GE BEGINNING. Containing 5.62 acres, more or less. 170924-RnW.docx Kobe/Cope — RZ H-2017-0121 Meridian City Council Meeting Agenda March 27, 2018 — Page 491 of 493 EXHIBIT B UNION PACIFIC RR SCAI-E,"=2D0' DWG.DATE 11/27/17 MERIDIAN CITY REZONE ENGINEERING DWG.D PROD. No. 170926 COPE COLLISION SITE SOLUTIONS SHEET 1 OF 1 LOCATED IN THE W 1/2 OF THE SW 1/4 OF THE SW 1/4, 1029 N. ROSARIO Sr., STE. 100 SECTION 8, T.3N., ME., B.M., MERIDIAN, IDAHO 83642 170926—RZN.OWG bkb CITY OF MERIDIAN, ADA COUNTY, IDAHO Phono (208) 938-0980 Fax (20a) 938-0941 Kobe/Cope — RZ H-2017-0121 Meridian City Council Meeting Agenda March 27, 2018 — Page 492 of 493 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO T.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18- ,_ I 6r� PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a parcel of land being a portion of the W 1/2 of the SW 1/ of the SW 1/a of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County. This parcel contains 5.62 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit `B" and is not based on an actual field survey, A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the_ `'day of %p /^i� , 2018. ED AUST V SCJ C' of Me U dian city of W Mayor and City Council E FJDIAIV6- By: C.Jay Coles, City Clerk IDAHO y� SEAL First Reading: 3� `�tirF Adopted ffter first reading by suspension of the EP owed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: -� STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18- 19 (o ] The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 18 - 1767 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901 A (3). DATED this day of ^ �! , 2018. William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- KOBE/COPE—H-2017-0121 PAGE 1 City Council Meeting Meeting Date: March 27, 2018 Agenda Item Number: 12 Project/File Number: Future Meeting Topics Meeting Notes Planning and Zoning Meeting Meeting Date: April 3, 2018 Agenda Item Number: Project/File Number: Item Title: Executive Session Meetina Notes