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2019-09-03 Work Session C I T Y C OUNC I L W OR K SESSI ON A GENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, S eptember 3, 2019 at 4:30 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton Arrived 5:02 Ty P almer X Treg B ernt X Genesis Milam X L uke Cavener Mayor Tammy de Weerd 2. Adoption of Agenda - Adopted 3. Consent Agenda [Action Item] - Approved A. Approve M inutes of August 13, 2019 C ity C ouncil J oint M eeting with Ada C ounty Highway D istrict B. Approve M inutes of August 20, 2019 C ity C ouncil Regular M eeting C. Approve M inutes of August 27, 2019 C ity C ouncil Work S ession D. Approve M inutes of August 27, 2019 C ity C ouncil Regular M eeting E. M cL inder S ubdivision No. 2 Water M ain E asement F. Willey B uilding No 3 Water M ain E asement G. F inal P lat for T M C rossing No. 4 (H-2019-0085) by B righton D evelopment, Inc., L ocated near the NE C orner of N. Ten M ile Rd. and I-84 H. Community M atch Ag r eement with Verified F ir st, LLC I. D evelopment Agreement for Elevate F r anklin S tor age(H-2018-0109 & H-2019-0072) with Ten M ile D evelopment, LLC ., L ocated at 3755 W. P erugia S tr eet J. P rofessional S er vices Agr eement for P r ovision of L ive M usic at G eneration's Plaza K. Nampa M eridian Irrigation D istrict P ump S tation O per ation and M aintenance Agr eement L. Approval of Purchase O rder #19-0398 with the M eridian L ibrary Distr ict for C ommunity D evelopment Block G r ant F unding for AD A Restroom I mprovements Not-to-E xceed $87,970 M. AP I nvoices for P ayment - 08/30/19 - $116,209.84 N. AP I nvoices for P ayment - 09/04/19 - $533,702.90 4. Items M oved F rom the C onsent Agenda 5. Community I tems / Presentations A. M eridian D air y B oar d: 2019 M eridian D airy D ays Recap 6. D epar tment / Commission Repor ts A. P ublic Works Week Update to C ouncil B. B enefits T rust Agr eement D iscussion C. City C ouncil: Review of Rules for P ar ticipator y B udgeting Meeting Adjourned at 5:40 PM Meridian City Council Work Session September 3, 2019. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, September 3, 2019, by President Joe Borton. Members Present: Joe Borton, Luke Cavener, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Members Absent: Mayor Tammy de Weerd. Also present: Chris Johnson, Bill Nary, Caleb Hood, Clint Dolsby, Jeff Brown, Kenny Bower, Suzie Deardorff and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener ____ Mayor Tammy de Weerd Borton: Good afternoon, everybody. It is Tuesday, September 3 rd at 4:30 p.m. We will begin today's work session with roll call attendance, Mr. Clerk. Item 2: Adoption of Agenda Borton: Item No. 2, adoption of the agenda. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we adopt the agenda as presented. Milam: Second. Borton: Moved and seconded to adopt the agenda as published. All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 3: Consent Agenda [Action Item] A. Approve Minutes of August 13, 2019 City Council Joint Meeting with Ada County Highway District Meridian City Council Meeting Agenda September 10, 2019 – Page 4 of 225 Meridian City Council Work Session September 3, 2019 Page 2 of 24 B. Approve Minutes of August 20, 2019 City Council Regular Meeting C. Approve Minutes of August 27, 2019 City Council Work Session D. Approve Minutes of August 27, 2019 City Council Regular Meeting E. McLinder Subdivision No. 2 Water Main Easement F. Willey Building No 3 Water Main Easement G. Final Plat for TM Crossing No. 4 (H-2019-0085) by Brighton Development, Inc., Located near the NE Corner of N. Ten Mile Rd. and I-84 H. Community Match Agreement with Verified First, LLC I. Development Agreement for Elevate Franklin Storage(H-2018- 0109 (H-2019-0072) with Ten Mile Development, LLC., Located at 3755 W. Perugia Street J. Professional Services Agreement for Provision of Live Music at Generation's Plaza K. Nampa Meridian Irrigation District Pump Station Operation and Maintenance Agreement L. Approval of Purchase Order #19-0398 with the Meridian Library District for Community Development Block Grant Funding for ADA Restroom Improvements Not-to-Exceed $87,970 M. AP Invoices for Payment - 08/30/19 - $116,209.84 N. AP Invoices for Payment - 09/04/19 - $533,702.90 Borton: Thank you. Item 3, the Consent Agenda. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we approve the Consent Agenda as presented. Milam: Second. Meridian City Council Meeting Agenda September 10, 2019 – Page 5 of 225 Meridian City Council Work Session September 3, 2019 Page 3 of 24 Borton: Moved and seconded to approve the Consent Agenda. Any discussion? Seeing none, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Lit tle Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Items Moved From the Consent Agenda Borton: Thank you. No. 4, there were no items moved from the Consent Agenda. Item 5: Community Items / Presentations A. Meridian Dairy Board: 2019 Meridian Dairy Days Recap Borton: Breezing through this agenda with torrid pace. Item No. 5, Community Items/ Presentations. We have got our 2019 Meridian Dairy Board presentation if Hans -- he is in the lobby. We will give him a wave. We went way too quick, Jerry. Kind of slow down and circle back to No. 5. We appreciate everyone being here. So, it's the 2019 update. Hans, the floor is yours. Provide the Dairy Days recap. Thanks for coming. Bruijn: I'm Hans Bruijn, present of the Dairy board. Mattison: Jerry Mattison, secretary-treasurer. Murgoitio: Mike Murgoitio, Dairy board member. Borton: Right behind you. Johnson: Gary Johnson, vice-president of the Dairy board. Christoffersen. Teri Christoffersen. Meridian Dairy Days Parade. Borton: Thank you all for being here. Bruijn: Yeah. And we are -- I think you are asking for a recap? So, it was -- I mean we just survived the Western Idaho Fair, so I haven't switched over to anything else yet. Borton: A little busy for sure. Bruijn: And I think -- and I can just give a quick recap. We had a great Dairy Days. The weather was great. This was the first time we moved the parade to Saturday and from what we could tell from everybody they seemed to be -- seemed to be happy. We were looking maybe next year maybe we got a -- the dairy cattle show was on Saturday Meridian City Council Meeting Agenda September 10, 2019 – Page 6 of 225 Meridian City Council Work Session September 3, 2019 Page 4 of 24 morning. We may have to move that to Friday. A lot of parents didn't seem to mind too much if we move it, because it was kind of close, you know, by the time they got done and the parade was starting to line up. I don't know if you have anything -- Teri, you were there with the parade. Borton: Go ahead and come on forward to the -- Christoffersen: Yeah. I think when -- a couple of things that we want to do with this with the Council was we were in here for a budget for your help and, of course, we appreciate and love that you do that for us, but we had a couple of things that happened. Our police and our fire crew said that our parade perimeter and so forth was really well taken care of this year. At the last minute we found -- and this is really, truly, the -- what happened. At the last minute we found out the Kiwanis usually volunteers as our -- as our back up on the side streets where we don't have perimeter set up. We re not going to be able to help us this year, so -- and it doesn't look like they are going to be able to help us much from now on. They don't have the staff or the volunteers. So, we had to at the last minute grab temp -- temp help to help with those streets. Another part of the issue that arose when we were in our last meeting before the parade was and figuring out what we were going to do for the side streets, Stacy from the police department -- I should call him by sergeant or whatever, but -- excuse me -- informed us that because we were on Saturday and we are not on Friday, which is a crossover day for manpower, we were not going to have the same manpower from the police department available to help us with that parade. So, once again, we have got -- we have -- we might want to think about that and we will talk to Stacy about it this year with the schedule, because they are going to need -- he didn't have anyone. They were all already on vacation or whatever. So, he couldn't put anybody there. So, we will be asking him and he probably will have to come to you about that for extra people or at least go back up to the standard that we were at when we were on Friday. So, I think I'm going to have our secretary treasurer, talk to you a little bit about the budget that we had and the budget that we need to look at for next year and maybe even some extra for this year, I'm not sure, but one of the things is that the City of Meridian will get a bill from Specialty Construction, which they always do, and the bid that they put out was -- included 300 cones to help with traffic, to help with keeping the crowd abated. They only gave us 50. So, don't pay for those other 250, by the way. I don't know -- who do we address that to? You can maybe let me know if I need to call someone. But we did hear back from the police and from the fire department that -- where the 50 barricades were for the -- for the people that were watching the parade. That did, believe it or not, keep the crowd back. We were using cones and caution tape and it doesn't sound like it would keep anybody back, but it did. So, we were going to do it the full two miles down the Main Street, but because we didn't have the candlesticks we couldn't do it all the way. So, anyway, had a wonderful time. We had a great response from this wonderful community and we our glad we changed it to Saturday I think, so -- Mattison: Just address a couple of things to kind of dovetail on what she was talking about, the police saying, well, it's a Saturday, we don't have the same number of people working as we do on -- on Friday, so we don't have enough coverage to do everything we have done in the past and my response was, well, you have come to every meeting that Meridian City Council Meeting Agenda September 10, 2019 – Page 7 of 225 Meridian City Council Work Session September 3, 2019 Page 5 of 24 we have had for months before this. Can't you make an adjustment to your schedule. So, I don't -- I just pass that on. It didn't make sense to me if you knew months in advance that the parade is on Saturday why you didn't plan for that. So, that's one point. The other one, since the Kiwanis backed out and we needed to get people on these side streets to keep traffic back, we hired MAV Event Services to supply manpower and they provided 25 people to back off -- keep people off the streets or stop cars from coming through and one supervisor. So, there is 26 people that they employed and gave us a bill of 1,315 dollars to do that, which we have done and we have paid. I don't know if this is the place to get into this or not, but I will mention it anyway. I'm somewhat confused as who makes the decision of what is adequate protection. Does the police do it? Does Specialty Construction do it? Does ACHD do it? Who -- who makes the plan that says this is what we need? Last year or two years ago I know the Council said, well, if Specialty Construction draws up the plan and that's good with us. So, evidently there is no one at the city that's really looking at detail and saying that's good or not or is it supposed to be ACHD or -- I mean we all want it to be safe. I mean that's the bottom line. But who makes that determination of how much is enough? So -- so, when we talk about budget next year -- the city's always been very willing to, you know, pay for the crowd control and traffic control, as well as the police and parks department and all that, but if we need to hire some more people to come in and control the traffic, we need to add that to that figure. Using MAV, the people there was cheaper than Specialty Construction's people, so just FYI. So, that's what happened this year, so put that in the back of your minds for next year when we talk about Dairy Days is, number one, who -- who comes up with the plan that the city and ACHD and we and everybody is satisfied with? Borton: Jerry, is there -- I apologize for not knowing if there is a fall or winter meeting, the planning meeting for the next year that -- is there city staff at that meeting whether from police or -- Mattison: Yeah. Typically what we have done in the past -- certainly after the event ran this -- we kind of weren't sure what this meeting was. We thought maybe it was that. It's with staff. You know, the fire department, police department, building department, everybody is there and we talk about what went good, what went bad, you know, the -- kind of the recap type of a thing and, then, again, we meet again prior -- several months prior to the event with the staff again, so -- Borton: Okay. Is there anybody that attends that meeting or should attend that meeting on behalf of the city that doesn't that you think, hey, it would be nice to have X at the table to try and resolve some of these unanswered questions? Nary: Mr. President, I could probably help answer that question. So, we have a special events team with the city that meets with large scale events, such as Dairy Days, and is made up of both staff from -- from the Legal Department, Planning, the Building Department, the Clerk's Office, Police and Fire. So, all of the -- the necessary disciplines are at the table. ACHD also does attend that as well. So, they do have a lot of this discussion and, of course, with the change to Saturday we knew there were going to probably be some changes that were unanticipated because of the date change. Some Meridian City Council Meeting Agenda September 10, 2019 – Page 8 of 225 Meridian City Council Work Session September 3, 2019 Page 6 of 24 pluses because of traffic control would change slightly because you're not dealing with the Friday afternoon as you were in the past, but what -- knowing what the crowd and what the traffic would be on Saturday was kind of an unknown, so -- but to answer the other question that Jerry raised, Specialty Construction proposes the safety plan. It is reviewed both by ACHD and the police department for adequacy. So, it is reviewed by both our city, as well as ACHD as to what they feel is appropriate to maintain crowd control for safety for that. So, it isn't that they simply submit it, but it is actually reviewed by both the sergeant, as well as ACHD's person, so -- Mattison: Did that take in account volunteers in the past or -- it seems weird that that's adequate and, you know, we had to get, what, 25 more people. Nary: Mr. President, Members of the Council, I mean I have attended those meetings for the last several years and we have discussed the staffing that's needed for the type of crowd control and whether it's adults, it's volunteers, how is that going to be done? You know, the preference the city does tend to lean towards is people that do this on a more regular basis, like security companies, rather than volunteer groups, like a Kiwanis or Optimists and things, because they are not trained, so they don't really know what they should be doing. So, we do normally have those discussions, but I know we have talked about every side street and making sure people are there to keep traffic from trying to get through and this year was less conflicts with traffic as it was in the past , but I know we have had those discussions on the number of people and how they are done. Now, again, if it's two versus three or one versus two -- I'm not going to say I recall every -- you know, speaking about every street needs this number of bodies, but you have talked about having people at all cross-streets so we don't have -- most -- most injuries that occur in parades are people trying to cross through the parade and not realizing it's going on or not caring that it's going on and wanting to get to where they want to go to. So, people versus kids, you know, as volunteers are better. Adults are better. People that look like they are in charge or responsible are better and that's why you get -- sometimes we do push a lot harder to try to have folks that are more authoritative in those positions and so I know we have had those discussions and, again, there is a lot of lessons learned each year on what would work better and what to do differently the next year, so -- Borton: That's good context and it sounds like there is that structure available to address your questions, Jerry, that sooner rather than later, so there is no surprises on what the requirements might be, who is making those decisions and -- Mattison: I don't know if we are supposed to do something else since the police department is at the meetings and they know it's Saturday and they know it for six months and, then, the day before they say, oh, we are not going to have as many people as last year, because it's Saturday -- to me was -- you got to be kidding -- Milam: Mr. President? Mattison: -- you know. Meridian City Council Meeting Agenda September 10, 2019 – Page 9 of 225 Meridian City Council Work Session September 3, 2019 Page 7 of 24 Borton: It sounds like there is a mechanism -- Mattison: So, I don't know -- go ahead. Borton: -- to resolve that and address it at these next meetings. I mean I can't speak to, you know, what was or wasn't discussed at what time in the past. Mattison: Yeah. Borton: The reason that I asked that initial question was just to ensure that folks were talking early and -- and if it's a meeting this fall with the individuals Mr. Nary discussed are all in the room and you make that comment, it sounds like the answer will get flushed out, so it's -- there is improvements that can be addressed for 2020. Bruijn: And we, generally, at all our meetings we invite Meridian police and the parks department and most of the time they are there. You know, sometimes they can't make it, but -- and I do think, like you mentioned, too, that having somebody there, like the MAV, you know, they are wearing uniforms or some kind of T-shirt is much more effective than somebody with -- you know, like a Kiwanis shirt that they say, well, what's your -- you know, who do you think you are, because they -- they mentioned they had a lot of problems keeping them from going into where they are not supposed to be. Borton: They didn't used to be 20 people deep around the whole -- you know, it has changed. Kiwanis used to be able to pull it off. Bruijn: You know, they used to have quite a bit more volunteers. I think last year they only come up with a dozen people and most of them were related to the person that was trying to get a volunteer, so -- Mattison: And I don't want to sound like I'm bad mouthing the police department. They have been great to work with. It was just kind of a surprise to me that the last minute, oh, we are not going to have the people there that we didn't -- it was like, well, everyone's got the day off. Borton: It's good you bring it up. If there is a concern or a disconnect, though, that would be brought up so it's resolved, so it doesn't happen again -- Mattison: Because I don't know who -- if we mention at the meeting the police were there and they don't do anything, how do we know they don't do -- until it's too late. That's -- is there a -- one of you is in charge of police; right? I think. Borton: In charge of them might be a -- Mattison: I know there is a liaison maybe. I don't know who it is that's doing it, but maybe that person could be at the meeting or something. Borton: That's a good suggestion. Meridian City Council Meeting Agenda September 10, 2019 – Page 10 of 225 Meridian City Council Work Session September 3, 2019 Page 8 of 24 Mattison: Who is that? Milam: Mr. President? Borton: Yes. Milam: I guess for some clarification -- and just -- so, really, figure out what it is. I mean you mentioned several things. The police weren't there and, then, the volunteers weren't there, so you -- you hired some temps. But what it -- I think, really, when you get to the biggest concern, you mentioned safety. Did you feel like it was unsafe? Mattison: No. Milam: Okay. Did you feel like there needed to be more police presence? Mattison: Yes. Milam: For specifically -- Mattison: Crowd control. You mentioned a couple different things there and they are kind of not necessarily the same. The police do a great job. They go up and down the parade route as much as possible and that's why I guess I started with who approves this, because it was approved with nobody on these side streets physically being there to stop it. Okay. And that's okayed by the city, ACHD, and Specialty Construction, but, in fact, there needs to be, at least in our opinion to make it safe, somebody needs to be there to physically stop someone from moving the barricade and driving through it. Okay. It needs a body to be there. Milam: And this is what I'm trying to differentiate whether it needs t o be a police officer versus these -- these other people that you hired and you didn't have all the cones and did Specialty Construction have people there as well? Mattison: They had some. I don't know -- Milam: As many as what they quoted? Mattison: They had what they said they would have. Milam: They did have what they said they would have. Mattison: As far as bodies, yeah. Milam: So, yeah, it sounds -- yeah, it really just sounds like you need to figure out who -- how many people it takes -- Meridian City Council Meeting Agenda September 10, 2019 – Page 11 of 225 Meridian City Council Work Session September 3, 2019 Page 9 of 24 Mattison: Right. Milam: -- and have a commitment from wherever -- whatever the sources are, this is how many police we need, this is how many other traffic control people we need and that should just be part of the plan and maybe it is -- I mean that -- that got approved, but, obviously, that needs adjusted, because it didn't work. Mattison: Yeah. Milam: And you didn't have the commitment from the police. So, that's why I say come up with a specific number next time with a plan specific to police that are needed for the patrol on Main Street. Mattison: Is that something we should be making the determination of? Milam: I don't know. These are for discussion, you know, back to wherever the -- it comes back to your question, which is who makes the plan and who approves the plan. Mattison: Right. And who says this is -- Milam: Ultimately this is your parade. Right? So I -- I would guess that you would have a lot to do with what goes into that and, then, have it approved by -- especially if you're the one that is not happy with the result, so -- Mattison: I guess I would be fearful if we had the parade this past year and we didn't bring these people in and something did happen , who is going to get in trouble on this? I think all of us have our liability out there that we put it on , the city approved it, and they said this is adequate and it doesn't turn out to be adequate. I think we are all liable then. So, that's why my original question comes back again, who makes the final determination and if the city and ACHD and Specialty says you don't need those people, well, we are not going to hire them. Johnson: The other thing we -- we had a -- and we will be smarter next year. We are always smarter next year. We had an expectation of some -- a lot of candlestick cones and, then, we were going to tie the caution tape to them. We ended up with cones, the pyramid cones, which are impossible to tie anything to and they actually -- and they were in the right spot where the candlesticks were -- should have been as a pedestrian control device, but it was almost a hindrance, because that was now the new boundary that people move beyond, instead of before without them, the sidewalk was the boundary. So, now we had this new boundary that was three feet farther out into the street that we were trying to push people back. So, like I say, we will be smarter next year. We will expect and require the candlesticks, so that we can have the caution tape all the way down both sides of Main Street and I know there is talk of closing the -- the island down just south of here to spectators next year, which I think will help a lot, so -- but I think all in all it went fairly well. There was a few tense moments there with the kids and everything , but, anyway, I think it was pretty much a success and especially going to a Saturday and appreciate your support. Meridian City Council Meeting Agenda September 10, 2019 – Page 12 of 225 Meridian City Council Work Session September 3, 2019 Page 10 of 24 Borton: Appreciate you sharing that. Murgoitio: I would like to say something. I think one of our biggest concerns with this bill is that we kind of went out on a limb on our own. We seen a risk that we didn't like and we made an adjustment for the risk and we didn't have necessarily your permission with the funds to back it, so we took a risk on our behalf thinking we might have to pay for this, but we felt like it was just to make the call to say, hey, we would rather have it safe and eat the -- eat the bill than have it unsafe and have something happen. But we just felt like we would like some more clarity in future meetings to say how -- we don't want a free for all checkbook from you guys, you know, just to say we can have this in a fortress, but we need to have some sort of, you know, communications in there t o where we don't, you know, spend the city's money if you guys approve this, that we have some limitations in there that we feel comfortable with, assuming the risk of the parade, so -- Milam: Mr. President? Sorry. So -- and something that I was thinking about prior, we approved a not to exceed amount. This is -- now this is an accounting Finance Department issue. This is not something that we can determine up here for sure. But if we had less police officers present that we allotted some funds for, it seems that there might be some overflow that might be able to go -- to contribute towards this bill. In essence it does the same thing that what -- from what was supposed to happen with the money that we were offering in the first place. Does that make sense? Murgoitio: It does and I don't know how many police officers weren't there versus how much this bill offsets. I don't know that accurate number, but I just -- Milam: Neither do I. That's why I said -- Bruijn: I think the reason there were less police officers because on Friday -- and I think it has to do how one shift comes in and one shift goes out and on Friday those two always overlap is from what I -- from what I understand from the police, but, then, on Saturday you just have the regular -- the regular shift on, so there wasn't any extra police like you had on -- on Fridays before. That's kind of my understanding. Borton: Any other -- any other unique successes or areas of improvement opportunities that you would like to be on that fall agenda with the group that Mr. Nary had described that is utilized every year, so that -- so things are addressed and answered sooner rather than later? Mattison: Do you determine who the liaison person is with the police department? Borton: Yes. Milam: Yes. Mattison: But is it set for next June? Meridian City Council Meeting Agenda September 10, 2019 – Page 13 of 225 Meridian City Council Work Session September 3, 2019 Page 11 of 24 Borton: No. Mattison: It will be set after the elections? Milam: Yes. Mattison: Okay. I would maybe suggest that that person -- Milam: Good idea. Mattison: -- come to the meeting, whoever that happens to be. That wasn't the biggest problem. We had a few less police, but they did a good job and it was taken care of. To me the big problem was the extra manpower and did we really need to do that. We thought we did. Borton: Anything else that would be helpful to have on that agenda? Johnson: Yeah. If -- while it's still relatively fresh in all of our minds is those of you that attended it, write down your thoughts of maybe things that we could do better or change and have for us at our get together that we are going to have with the city staff coming up, it would be helpful. I -- from the little festival in the park, to the parade, to anything to do with the events at the speedway, it would be -- it would be good, it would be helpful to us. I know, Bill, you're always at the meeting and any -- I don't know if you would be the clearinghouse for that, but, anyway -- Nary: Mr. President, Members of the Council, if you did have any comment, I would direct you to the clerk, because the clerk's office manages this agenda and the scheduling of that meeting, so if you want any input to that we could certainly funnel that through the clerk's office. Nancy Radford is the one that manages that for the special events that go on. Borton: The partnership with the city is pretty important, so appreciate you raising the good stuff and also if things didn't go as perfectly as they could, let's address it for next year. Council, any other questions? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: One thing I noticed there were a lot more people there than in past years . I think moving it to Saturday evening, instead of Friday evening, made a pretty big difference. I remember being in the parade many times -- usually when Main Street meets Fairview or Cherry Lane it sort of dies off quite a bit and there were people packed all the way down Fairview, You know, turned back on -- was it 3rd, 2nd, whatever, you know, halfway down that street. So, I couldn't believe the amount of people. So, I think these are just some Meridian City Council Meeting Agenda September 10, 2019 – Page 14 of 225 Meridian City Council Work Session September 3, 2019 Page 12 of 24 talking points that are important to discuss. Hopefully you guys jotted down some notes and -- and we get the right people there talking about the right things, because I think that it's important. You're only going to get more people, you know, for being on the -- on -- on Saturday. Bruijn: Once they figured out it's moved to Saturday. Bernt: Right. Right. I noticed a difference. Milam: Mr. President? Borton: Mrs. Milam. Milam: I have the feeling that they are -- they are asking us to help pay for this bill. Maybe a little bit indirectly. So, I would like to maybe direct Finance to do a reconciliation of actual -- our actual costs and compare it -- once they get the -- we have the bill with the -- it should be less for less cones from Specialty Construction. If we had less officers that we -- than we had put into the numbers and see if there is anything left over at least that -- from the money that we committed to put towards this expense that was a safety expense. Is that clear? Does that make sense? Mattison: I might -- to muddy the water a little bit more if I could, Bill knows, there was an ordinance passed several years ago that we are a n historical event -- Nary: Yes. Mattison: -- and because of that the city pays all of the Police, Fire, Parks Department budget. That's a given. That's the -- that's an ordinance. The part above that, which would be cones and that type people, is what we need help with payment and I think the motion that was passed every year here kind of lumps it all together and says we want to spend -- if I can remember the figure -- 9,000 dollars, whatever it is, for Dairy Days and it took the salaries out of that and I always think that's kind of a weird way of doing it, since the salaries are a given that they have to be paid for, why don't we just look at the crowd control part of it and just make that a -- an item. But that's just my suggestion. But it does -- it does have -- Borton: I don't think it muddies the water. Mattison: Uh? Borton: I don't think it muddies that waters necessarily. It provides some clarity to what Mrs. Milam is asking us to look into and Finance certainly can do that. Mattison: I will drop this off if you guys decide you want to pay for it. Borton: Mr. Clerk will take it. Council, any other questions? Meridian City Council Meeting Agenda September 10, 2019 – Page 15 of 225 Meridian City Council Work Session September 3, 2019 Page 13 of 24 Bernt: No, sir. Item 6: Department / Commission Reports A. Public Works Week Update to Council Borton: Again appreciate you all coming and bring up the -- the opportunity. Okay. Thank you. Welcome, Mr. Palmer. Good to see you. Item 6 -A they are Department/Commission Reports. Public Works Week update. Council, Suzie is here. I think you're going to kick off the presentation. We saw Dan lurking. How are you doing? Deardorff: Good. Borton: Good. Deardorff: Thank you for letting me delay my presentation for a couple of weeks. Borton: No worries. Deardorff: I have a brand new granddaughter. Borton: Congratulations. Deardorff: Thank you. Borton: What's her name? Deardorff: Her is Eloene Grace and they will call her Winnie. Borton: That's a beautiful name. Milam: You can start with the pictures. Deardorff: If you want to see a picture I have my phone. So, Mr. President, Members of the Council, it's my pleasure to provide an update to you on the 2019 Public Works Week. Planning for the Public Works Week begins in January by these members of the Public Works Week planning committee. Our theme this year was It Starts Here. For Meridian Public Works Week truly does start here with the support of the Mayor and Council Members and the hard work of this team. Our first event this year was the Poop Scoot. Many staff and members of the public indicated they missed this last year, so we brought it back and moved it to an exciting new location at Kleiner Park. As a slight twist this year our entry fee was either food for the Meridian Food Bank or toiletries for the Boise Rescue Mission. We collected three boxes of toiletries for admission, 77 pounds of food and 1,900 dollars for the food bank. It really was a fun event for our participants and staff . For our very popular and one of our most personalized educational events we focused on Meridian City Council Meeting Agenda September 10, 2019 – Page 16 of 225 Meridian City Council Work Session September 3, 2019 Page 14 of 24 making the Go With The Flow facility tour even bigger and better this year by adding a second bus, so that we could reach twice as many people in our community. The response from the attendees was, again, this year overwhelmingly positive. The Expo always generates lots of excitement from the littlest visitors to the repeat attendees. We even had one attendee who said they had been here for ten years. This year was hot and the fire hydrant display was hugely successful. There was dancing in the streets. From old favorites like all the big trucks to the newest fountain display, to meeting Hydro and Tootsies, to building toolboxes, there were so many opportunities for our community to learn about Public Works and they did. The people really enjoyed interacting with our fantastic Public Works staff. So, here is a quick video recap of our Public Works Week. (Video played.) Deardorff: So, all those smiling faces that you saw are the reward we get for sharing these learning opportunities with our community. This is impossible alone. Our sponsors and other partners help us make this happen. Your support and participation also make it possible. This year we had one sponsor that really stepped up and we would like to acknowledge them with a plaque to express our appreciation for their generosity. At this time I would like to invite our representatives from Republic Services to join us, so we can thank them. Council President, if you would like to join us and Dale. Borton: Certainly. Deardorff: Thank you. Don't go too far. Each year we also traditionally take the remainder of the sponsor donations and share them to meet some of the needs in our community. This year we are pleased to share a total of $2,994.03 to the following: There are two internal programs we are pleased to partner with. The Parks' Care To Share's Community Scholarship Fund, we donate 500 dollars to them to help the children of our community participate in various parks programs. And for the SWAC community recycling fund we have donated 500 dollars to help with projects and programs that help promote responsible recycling. And now if we could have the Meridian Food Bank Representative Dan Clark join us. We have a check for them in the amount of $1,994.03 to help provide food to local charities and local residents in need. And that's Public Works Week 2019. We want to thank you for your continued support and we would love to see you next year. Any questions? Borton: Thank you, Suzie. Great presentation. Deardorff: Thank you. Borton: Council, any questions? So yeah, just a couple comments. It just gets better every year. It's so professionally done and the two great outcomes, among others, are that you expose our community to the great work and great people in Public Works and kind of let us be proud of all that you do . So, we are proud to support you and let the public see all the good work that you do and how you do it and get a glimpse behind the curtain a little bit. So, you make us proud every day, so -- Meridian City Council Meeting Agenda September 10, 2019 – Page 17 of 225 Meridian City Council Work Session September 3, 2019 Page 15 of 24 Deardorff: Thank you. Borton: -- well done again this week. Deardorff: Thank you. Milam: Thank you, Republic Services. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I just want to add -- add one particular thing. I think I have been participating with Public Works Week in some facet or another for almost ten years. I didn't get to do anything this year, because I was out of town. But one thing that is important for the Council and for those few of us in the public that are here -- and Mrs. Palmer watching online -- to know is that when this event first started it was largely driven by our staff and supported by our citizens that came out. But because -- Mr. Borton, to your point, because of the level of quality of this event the business community has turned out year over year and I think that sponsorship element is so critical to showing that the business community supports the efforts of our Public Works Department. They support the events that our community comes to. I think that is to me one of the best parts about Public Works Week is how you continue to attract business to come in and donate their time and energy to keep making this event bigger and better. Deardorff: Thank you. Cavener: And I support it. Deardorff: Thank you. Bernt: Well said. Deardorff: Thank you. B. Benefits Trust Agreement Discussion Borton: Thanks. Item No. 6-B, benefits trust agreement discussion. 6-B. This is coming back, if you recall, from two weeks ago -- one week ago. Last week. We have seen the document before. Christena is here, as well as Mr. Nary if there are any questions, but, Mr. Nary, we will turn it over to you. Nary: Thank you. Mr. President, Members of the Council, after the discussion last week there was three specific changes that the Council has requested. We have made those changes in the document. We did have a discussion with Mr. West and kind of explained Meridian City Council Meeting Agenda September 10, 2019 – Page 18 of 225 Meridian City Council Work Session September 3, 2019 Page 16 of 24 what Finance's concerns were on -- on how the mechanism of funding occurs and how we have to align that with what the Department of Insurance requires and I think we are all on board. I did get an e -mail today from Mr. Lavoie, had a couple of concerns about some of the language, but, again, we are trying to match up with a statutory requirement, not to impact the business operation of the city, and he is comfortable that we are going to be able to make that line without concern. Mr. West, our outside counsel in this case, he met with Ms. Barney and myself last Friday, because he was trying to understand where the concerns were and I think we are aligned with the Department of Insurance's requirements to make this workable and so we are asking you to approve the agreement and let us move forward with the next phase, which is submit this to the Department of Insurance for their review. Borton: Thank you, Bill. Do you need action on the bylaws and the agreement? Nary: Mr. President, Members of the Council, just the agreement. So, that's the -- that's the agreement between the city and the trust. The bylaws are merely the operation guide for the trustees. So, just the -- just the agreement itself. Borton: Okay. Thank you. Council, any questions? Thanks for addressing the questions and concerns to Council. Christena, thanks for your work to do that and following up with Mr. West, so -- is there a motion? Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: Mr. President, I move that we approve the benefits trust agreement as presented last week with the changes -- Borton: Today. Little Roberts: -- for today. Bernt: Second. Borton: It's been moved and seconded to approve the amended benefits trust agreement. Any discussion? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Just want to echo your comments. Appreciate the work of -- of staff to get this agreement all put together. I have put a lot of thoughts into this. As Council is well aware of I have had some significant reservations about there not being a member of the City Council as a trustee. I have continued to hear from other elected officials across the state Meridian City Council Meeting Agenda September 10, 2019 – Page 19 of 225 Meridian City Council Work Session September 3, 2019 Page 17 of 24 who have voiced similar concerns. I don't want to take away the great work that's been done by HR and the Legal Department. That's just a hurdle that I haven't been able to overcome. So, I won't be voting in favor of this. It's not because I -- I don't think that we need to move to a trust. I have been wanting to see something like this for six or seven years. I just think that it's missing a critical component for our taxpayers and so until that's resolved it's something I can't be in support of. Borton: So, one of the -- I thought of those earlier comments. Section 3.1 and 3.2 of the trust reference trustees three -- from three to five. They appoint four. So, it's -- it's structured in a way that if approved it allows for an elected official, any fifth trustee to come on. So, the structure of the trust itself doesn't prevent what you're asking for to happen, it just doesn't place an elected official on right now. Cavener: Mr. President, if I can respond. Correct. And I spent a lot of time kind of consuming that particular piece, but because we were forthright in saying these are the four members and leaving a fifth blank -- at least that is somewhat nebulous. If we had said four and a council member to be determined at a later time or an elected official to be determined at a later point in time or a member of the public to be determined at a later point in time, that may have helped me come around. But because it was left empty, for all intents and purposes what we are saying is these are the four. Milam: Mr. President? Borton: Mrs. Milam. Milam: Are you -- I respect of what you're saying a lot, but it comes back to the conversation that we had, that is there may not always be a council person, as we are elected officials and we change over regularly, that is willing to take on that responsibility, which is why we didn't want to put it in there as a requirement. Are you asking to be part of this committee and I mean I would be okay putting that on -- on the next agenda to have you approved as part of that , if that's something that you want to do as the fifth person, because right now you still have two years left of your term. But requiring it to be a council person can set it up for problems down the road. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Just want to -- Council Member Milam, appreciate -- those are big questions. It's not something that I had -- for me even the four current names that are on there are, essentially, all temporary and at some point those four individuals are going to retire or win the lottery, be recruited away and so everybody's position as a trustee is somewhat temporary. The question of is it me who serves in that capacity -- if there is nobody else on the Council that's remaining that would want to serve, then, yes, because I believe so importantly that you need to have a City Council Member involved. We do, however, have Meridian City Council Meeting Agenda September 10, 2019 – Page 20 of 225 Meridian City Council Work Session September 3, 2019 Page 18 of 24 two other Council members who are -- that have at least two years left on their term. I would be equally supportive of them as well. Milam: Absolutely. Me, too. Cavener: My -- the other part -- and this may go into deeper conversation is because the way the agreement is now structured is that the Council can dismiss members. That may be more of a challenge to have a Council Member that is on there as a trustee and also has the authority to dismiss the other members in the body -- has the opportunity to dismiss them as a whole. Again, it's not a piece that I had considered -- in part because I felt like that the Council was going to move forward without a council member as a trustee and I didn't want to slow that process, but I wanted just to articulate that I'm supportive of it as it's presented -- to thank the staff for doing that. They were trying to get it there, but it wasn't something that I felt comfortable with for the reasons that I have previously stated. If the Council is of the mind to say, no, we do -- we have changed our mind and we do think having a council member involved is important, I think that we may need to look at in the agreement again so that we don't create a conflict by having a trustee also have the ability to dismiss other trustees. Borton: That brings up the question -- I guess to respond, not to open a can of worms. I think it's -- in its current form it is appropriate to approve today and it -- because it preserves that right for a future discussion if a fifth person that might be a Council Member joins in the future. So, I think that we went through it already, so -- Cavener: Mr. President, to that point can I -- I would like to ask Mr. Nary a question. Borton: Certainly. Cavener: Mr. Nary, as the agreement is currently drafted would that be a conflict if next week the Council decided to add a Council Member or a year from now, five years from now, to add a Council Member as a trustee, would that create a conflict or any risk as the agreement is currently drafted? Nary: So -- so, Mr. President, Members of the Council, I think the potential is yes. The way it's drafted I think it could be a conflict for the Department of Insurance. If you recall Mr. West felt it was already inherently a conflict. Now we are actually making it a conflict. So, I think you are going to have an issue with Department of Insurance. The Department of Insurance has still never answered the question that was posed a few months ago about an elected official serving in this capacity and the best answer we could get from them was, well, at least they could apply, but we would likely deny. So, if the requirement is that it has to be a council member and they finally finalize their opinion and it gets denied, does this fail. If it's required by our agreement, then, it has to have an elected official on it. That would be the concern is we haven't vetted, because I wasn't -- I didn't know we would still need to vet that. So, I think you were correct, Mr. Cavener, we would -- but the way it's currently crafted it would have to be -- it would have to be -- a new agreement would have to be drafted. Meridian City Council Meeting Agenda September 10, 2019 – Page 21 of 225 Meridian City Council Work Session September 3, 2019 Page 19 of 24 Milam: Amended. Nary: Or amended. Cavener: Crafted. Yeah. Borton: Any other discussion from Council? Milam: Mr. President? Borton: Mrs. Milam. Milam: Okay. So, just for clarification, Mr. Nary, if -- say January when you have the new council members and they have a discussion, decide that they do want to have a council member on the board, not as a requirement, but they have somebody that's willing -- volunteering and willing to do it, at that point if that person is put on the -- put on the board can that -- can it be modified -- can the agreement be modified at that time? Nary: Madam -- or Mr. President, Council Members, yes, if that's the desire of the Council is to add that, we could, then, reevaluate the agreement, look at that, whether or not it needs to be amended as part of that. Again, the Department of Insurance may have a different, you know, response four months from now, I don't know, but, yes, we certainly could come back and amend the agreement. Milam: Nothing is written in stone. Nary: Correct. But, Mr. President, if I could make one indulgence -- and this is my apologies. When we set this agenda we set this as a discussion item, as an update from last week, but we do need action. It isn't listed as an action item and it's required to be. I would ask if you were to take action tonight to approve it to move it to your 6:00 o'clock agenda and add it to that agenda as an action item. So , that might give you another 40 minutes to ponder that question. Borton: We will do that and make note to add it on the 6:00 o'clock, so -- appreciate the discussion and the good work to get us to the stage where we are now. So, 6 -B will go to the 6:00 o'clock for action. C. City Council: Review of Rules for Participatory Budgeting Borton: 6-C is the review of rules for participatory budgeting. This is -- and I will start the discussion from here if that's okay. It's not a lengthy or in-depth discussion, but a reminder to all of us of what's -- how this program started. It came up in the budget discussions when we approved, I believe, a 20,000 dollar line item to renew participatory budgeting, how is it be used and what would be the group or groups that would have funds available to it and I believe the general question was -- MYAC has used it each year. The Senior Advisory Board has utilized it last year with some success and both I believe desire to Meridian City Council Meeting Agenda September 10, 2019 – Page 22 of 225 Meridian City Council Work Session September 3, 2019 Page 20 of 24 use it -- the process going forward. So, what are the bounds, if any, to that. Are there other groups within our community that we want to open this opportunity up to? So, it was left at the budget meeting that we would make brief comment about how it started and the specific purpose of it. So, the specific purpose of participatory budgeting and why we brought it here was trying to give a voice to a finite segment of our population that was either not being heard or not having their specific issues addressed. If you recall in the larger conversation and larger communities most commonly sees it -- sees it utilized -- utilized in particular a neighborhood or borough that might not be -- having specific area concerns addressed. We utilized MYAC, being the youth population, which doesn't vote, to try and give them an opportunity to address youth needs that maybe the elected officials aren't addressing, so -- and the seniors being the next. So, the unanswered question was knowing those are the parameters, that you have to have a measurable, finite -- whether its geographic or MYAC or the seniors -- some way to control who is participate -- participating in it and, then, ensuring that group utilizes the strict rules where the elected officials don't weigh in at all in what they are doing, that it's not for personnel, it's for one time expenses, and we have become familiar with some of those, but if there is a desire by -- whether the Mayor or anyone on Council to try and expand it to a third group or a different group, that -- we talked about it here and, then -- Jodi is not here, but I mentioned it briefly to -- to Jodi St. Martin, having her input, because she oversees it and one of her comments was if there is a desire amongst the Mayor or Council to expand this to a different group, the administration of it, that she provides to the two groups now is pretty intense and so we would have to be mindful of that, that there could be a -- a large obligation on city staff to try and shepherd whoever the other group might be through the process, especially for the first time. So, it came -- that's why it's on today's agenda, just to see if there was anyone who -- who wanted to suggest a new group might be encouraged to utilize participatory budgeting or not use seniors or the -- or MYAC. Milam: Mr. President? Borton: Yes. Milam: Why does it need to be a specific group and not just open it up to -- let people bring ideas and not with -- using any administration until we like heard some ideas from the public. Borton: So, Mrs. Milam, the origin of the whole thing was -- it's a -- it's a solution to a problem. The problem being that you have -- if you have some group in your community that isn't having a specific need addressed. So, rather than -- it's not designed to -- you know, just provide funds to anyone and for any particular reason to spend it however they wish. For what it's worth. That's just what it's -- Milam: If it brings an improvement to our city that -- that may serve a group that is underserved right now, but it's not somebody that we are necessarily thinking of and -- and could -- yeah, I mean what -- for us -- you know, who are all the groups and we don't even know all the groups that are existing, but if we just open it up broadly and let them -- like an RFP, you know, let them put in their -- show us what they would like have done Meridian City Council Meeting Agenda September 10, 2019 – Page 23 of 225 Meridian City Council Work Session September 3, 2019 Page 21 of 24 and, then, you know, maybe, then, take the top two or three and, then, you know, really have Jodi work with them on that. That's just a thought. But I think there are a lot of groups out there that were -- aren't -- aren't even coming to our mind or -- or, you know, areas within the city that maybe we are not thinking of. We don't necessarily have -- you know, we have the downtown association, you know, that we have -- there are -- there are a lot of things and a lot of people and a lot of groups out there that aren't at our forefront of our mind. I'm sorry, I was just -- Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I think -- I think to Council Member Milam's point -- I mean both the two programs that Jodi currently works with is because those are -- those are programs that are ran out of the Mayor's office. So, it's natural that, you know, those are the places that we wanted to pilot it. Any deviation likely that we do will -- will break from that tradition, right, of using programs that are housed within the Mayor's office and so to Council Member Milam's -- I wouldn't know who -- who do you say, well, what about -- what about, again, the Friends of Meridian Arts or the Downtown Business Association, the Southern Rim Coalition, whomever would want to participate. I'm more supportive of having it being less restrictive to a group, as opposed to being exclusive to programs that are just ran out of the Mayor's office. Borton: Like more -- more akin to a grant program where any assorted group might apply for set funds for a set purpose? Cavener: And, Mr. President, maybe -- maybe a clarification. If the intent is just to keep this as a program with MYAC I'm -- I'm supportive of that, if that's how we want to continue. This is a program that's for MYAC. These are youth that don't have the ability to vote, here is a way for them to continue -- what we have done as a city was to give opportunity and voice for our young people. That by itself is fantastic. Last year through the generosity of Republic we ran a secondary program that didn't use taxpayer dollars with Republic. That was a one time event that presented itself. Great. If that's how we want to continue I'm supportive of that. If where we are just saying we want to change how we do participatory budgeting, that's where I'm saying maybe -- if that's the intent of the Council, then, yes, maybe it does become more of a grant and less of a program that is less staff intensive. Borton: That was the reason this got on the agenda to circle back on the unanswered question from the budget meeting. If there is a desire to expand or to do it different with the funds that were allocated or continue as we are doing it. Cavener: Mr. President? My apologies. One more thing. And I think it's important for Council to note is whatever route we are headed I think that we need to communicate that fairly quickly to Jodi or to Finance or to whomever. I'm a Kiwanian -- I guess we didn't Meridian City Council Meeting Agenda September 10, 2019 – Page 24 of 225 Meridian City Council Work Session September 3, 2019 Page 22 of 24 do a very good job with the parade this year as I learned in this meeting. I'm the one apparently to blame. But I was at our weekly meeting and a member of the Mayor's Senior Advisory Board was there talking about what they are planning to do for participatory budgeting this year, which piqued my interest. So, if we are shifting -- if we are changing we should probably do a good job of communicating that to our past stakeholders who believe we are -- we are funding that this year. Borton: I'm not aware of any shift or change and we can close the loop or not right now, unless there is -- if there was a desire to do something different now is the time, so -- Milam: Mr. President? Borton: Yes. Milam: I think, first of all, we only have the budget for one thing probably, unless you're planning on taking and splitting it halfway between MYAC and the seniors. I'm totally open to how it goes, whether it stays with MYAC, whether it goes to seniors, whether it goes every other year, opening it up to the city and have it be more like a competition -- not a grant, not just giving somebody money to do it, but having it still run through the city, but they bring their ideas to the city and, then, you know, to participate the same way any of these other groups have done in the past. But we don't have enough in our budget for the seniors and MYAC and I think that's what Councilman Cavener is talking about is MYAC thinks that they are doing a project and the seniors think they are doing a project and we only budgeted for one project. We have to make a decision. We can't just leave it the way it is, because it isn't anything. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Maybe we should just pick one for this year and let the new Council and Mayor discuss what to make of it in the future or next year, because regardless of what happens there is going to be a drastically different makeup up here. So, we can just pick this year and rather than setting a plan for them that they throw off, let them make the plan next year. Borton: We have allocated funds for next year already though. After 2020. Did you have something? Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: I was debating here. To me they almost sound like two different things, because it does sound, if we open it up to everyone that it is more of a grant type program that having seen and run several grants can be completely and totally overwhelming if Meridian City Council Meeting Agenda September 10, 2019 – Page 25 of 225 Meridian City Council Work Session September 3, 2019 Page 23 of 24 not prepared and I think it would take more like a year or two to preface that, so that we have staff in place and that it is -- it may not be specifically a grant program, but is run more like a grant program where people or groups apply and you may end up with 20, 30 -- in this city of wonderful ideas we may end up with a hundred. Who knows. But we need to have in place who is going to vet those out, set the parameters and so I think that this coming year we need to either leave it with MYAC, split it, or let MYAC and the seniors compete for the dollars and go head to head. Milam: Or work together. Little Roberts: Or work together. Milam: That would be great. Bernt: Interesting. Borton: You want to chew on this and bring it back? Is there any consensus? What we have right now is -- is MYAC and the seniors we have allocated 20,000. We can pick one of the two, we can do a budget amendment and fund both to utilize it. Cavener: Mr. President? My two cents -- I'm not supportive of appropriating a second set of 20,000 dollars or 40,000 dollars total to do one for seniors and one for -- for MYAC. We budgeted 20,000 dollars for the use of participatory budgeting. I'm fine with leaving it as is and the programs that are coming out of the Mayor's office can bring forth proposals and we can go from there. I'm also equally fine with leaving it as a MYAC program. Borton: Okay. Bernt: Mr. President, I'm also supportive of keeping it the status quo. I think it's a little bit early to maybe start talking about different avenues, different opportunities. I think they can get a little bit complicated and not something that we are prepared to discuss this evening. So, I would -- I would be supportive of keeping it as is and like Mr. Cavener discussed, maybe let the -- you know, Jodi or the Mayor's office decide, you know, where it's going to go, MYAC or the seniors. I don't have a preference between the two. I don't care. Milam: Mr. President? Borton: Yes. Milam: Again, I -- and I agree, I'm fine with leaving it status quo, but what is status quo and like Mr. Cavener said, we need to let these groups -- and -- and I think that means not waiting until January. If they have -- you know, they are going to -- it just shortens their window if they are thinking of ideas and, then, you know, they are working on stuff Meridian City Council Meeting Agenda September 10, 2019 – Page 26 of 225 Meridian City Council Work Session September 3, 2019 Page 24 of 24 for another four months and, then, we are like, oh, yeah, we gave that money to some -- a different group, I don't think that's appropriate either. Borton: Okay. Milam: So, I think that a decision should be made, whatever that is. And I'm -- I'm good with either and or both different. Cavener: Mr. President? Sorry. I feel like that we are jumping into the weeds of how to manage the Mayor's office and that staff and I'm not comfortable with that. We have appropriated the funds, leave it to the Mayor's office to decide what and how they want to go with it. I think we have provided good context to confuse everyone as we are very good at and rather than making it even more confusing, we have appropriated the dollars, the Mayor's office can decide how they want to use it. Milam: I'm fine with that, too. So, I think it should wait until January. That was kind of my -- Cavener: Mr. President. Agree with Council Member Milam is that decision needs to be made sooner rather than later and communicated to MYAC or the seniors -- both of them, so that people aren't out promoting a program that they are not going to be able to participate in. Borton: And the Mayor's office and Jodi can help lead that decision and process. Cavener: Great. It took a minute to get there. Appreciate it. Borton: Good work, everybody. 6-C. That's it. Anything else on the workshop agenda? Cavener: Mr. President, move we adjourn our work session meeting. Bernt: Second. Borton: It's been moved and seconded to adjourn. All those in favor say aye. Thank you. Well done. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) G �40BATE, ` I O 4 �4rnmYleVlJeerd, Mq�,p DATEA ROVED ATTEST: x`11 j�'v+_ v ° EIDIAN,?-- CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 3 A Item Title: Approve Minutes of August 13, 2019 City Council Joint Meeting with Ada County Highway District. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.A . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of August 13, 2019 City Council J oint M eeting with Ada C ounty Highway D istrict AT TAC HM E NT S: Description Type Upload D ate Minutes Cover Memo 8/26/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 3 of 245 Meridian City Council - ACHD Joint Meeting August 13, 2019 Page 18 of 18 seems like a moot point anyway at this point. Okay. Anything else from Council or the Commission? If not, Council, I would entertain a motion to adjourn. Borton: I move we adjourn. Milam: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALLAYES. De Weerd: Commission, would you like to have a motion to adjourn? Arnold: No. De Weerd: Okay. MEETING ADJOURNED AT 4:06 P.M. (AUD G ))N FILE OF THESE PROCEEDINGS) _ 9 /_ 3 / 1 �� p� n CO -- �� Wc&ae � DATE APPROVED ATTEST: GOPQ°RATES 011V of O w CHRIkdQQ ON - CITY CL vi C IDjgN, ,OANO �,.. SEAL �, C IDIAN*,----- ql(lIZDAHO CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 3 B Item Title: Approve Minutes of August 20, 2019 City Council Regular Meeting Meeting Notes: u✓ I TEM SHEET C ouncil Agenda I tem - 3.B . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of August 20, 2019 City Council Regular M eeting AT TAC HM E NT S: Description Type Upload D ate Minutes Cover Memo 8/26/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 22 of 245 Meridian City Council August 20, 2019 Page 44 of 44 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we come out of Executive Session. Little Roberts: Second, De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we adjourn. Little Roberts: Second. De Weerd: I have a motion and a second to adjourn. All those in favor. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:36 P.M. (AUDIO R I N FILE OF THESE PROCEEDINGS) Q 3 X19 TQe'Ql p , owoj lPrC6&A- DATEAPPROVED ATTEST: V- v 01-Y of CHR I - CIT " SEAL �r� ,+Ti �rE IDIIZAN,+-- � CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 3 C Item Title: Approve Minutes of August 27, 2019 City Council Work Session Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 3.C. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of August 27, 2019 City Council Work S ession AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 8/28/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 67 of 245 Meridian City Council Work Session August 27, 2019 Page 19 of 19 MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we adjourn our work session. Milam: Second. Borton: Moved and seconded to adjourn. All those in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:35 P.M. (AUDIO R FILE OF THESE PROCEEDINGS) PRESIDENT JO TON DATE APPROVED ATTEST: / o�QOKr��a��Gs �•ify� o CHRIS JO S CITY C RK jD M SE ,oA140 ` ELNIDA*,---- CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 3 D Item Title: Approve Minutes of August 27, 2019, City Council Regular Meeting Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 3.D. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of August 27, 2019 City Council Regular M eeting AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 8/28/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 87 of 245 Meridian City Council August 27, 2019 Page 18 of 18 Borton: You have heard Ordinance 19-1846 read by title only. Anybody want to hear it in its entirely? Milam: Mr. President? Borton: Mrs. Milam. Milam: Seeing none, I move that we approve Ordinance No. 19-1846 with suspension of rules. Little Roberts: Second. Borton: It's been moved and seconded to approve Item 8-A. No discussion, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Future Meeting Topics Borton: Item 9, Future Meeting Topics. Anything? No? We are done. Is there a motion to adjourn? Milam: I move that we adjourn. Little Roberts: Second. Borton: All those in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Good work. Good evening. MEETING ADJOURNED AT 6:34 P.M. (AUD ECOR I FILE OF THESE PROCEEDINGS) q /3 U!Ue,1?)Or h COV"ri GSTATE APPROVED ATTE o�°� z ('lty °f N �IlaE IDIA o C RI i bFVbN - CITY CLER tilFR or the TR<�- CDAHOIDIAN*,---- �wl CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Aaenda Item Number: 3 E Item Title: McLinder Subdivision No. 2 Water Main Easement Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 3.E . Presenter: Estimated Time f or P resentation: 0 Title of I tem - M cLinder S ubdivision No. 2 Water M ain E asement AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 8/29/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 106 of 245 Pi-oiect Nance (Sulhdivision):, McLinder Subdivision No. 2 water Main Easement Numbet-: -L Identify this Easement by sequential number if Project contains more than one Water Main easement. ( See Instructions for additional infonnation). ADA COUNTY RECORDER Phil McGrane 2019-082763 BOISE IDAHO Pgs=8 NIKOLA OLSON 09/04/2019 12:16 PM CITY OF MERIDIAN, IDAHO NO FEE THIS Easement Agreement, made this Ya day of 20jff between TS Development LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires 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 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: The easement hereby granted is for the purpose, of construction and operation of 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 easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT ISEXP RESSLY UNDERSTOOD AND AGREED, by and between the pat -ties 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 GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees 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 Water Main Easement Version 05/31/19 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 0 8 o f 2 4 5 CITY OF MERIDIAN �p Chy of W s Johnson, City c' "AXIMIAP SEAL STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on -`J" 19 (date) by 3-0eZoHr0r) and Chris Johnson on behalf of the City of Meridian, in their capacities as Councyl and City Clerk, respectively. Pf> &Ck'J+ CHAR S WAY Notary Signature COMMISSION #67390 My Commission Expires: `� • ci3 a a NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 Water Main Easement Version 05/31/19 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 1 0 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 1 1 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 1 2 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 1 3 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 1 4 o f 2 4 5 �jQE IDIAN*,---DAHO CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 3 F Item Title: Wiley Building No. 3 Water Main Easement Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.F. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Willey B uilding No 3 Water M ain Easement AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 8/29/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 115 of 245 Project Name (Subdivision): tArt(&11d)(A AhS U Water Main Easement Number, Identify this Easement by sequential number if Project contains more than one Water Main easement, (See Instructions for additional information). ADA COUNTY RECORDER Phil McGrane 2019-082765 BOISE IDAHO Pgs=5 NIKOLA OLSON 09/04/2019 12:17 PM CITY OF MERIDIAN, IDAHO NO FEE THIS Easement Agreeinent, made thi day of GVDkMbft20A betweenjtxXre— Or-, "UMV I ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation CGrantee"); WHEREAS, the Grantor desires 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 underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and set vice said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: The easement hereby granted is for the purpose of construction and operation of 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 easernent 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 GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees 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 Water Main Easement Version 05/31/19 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 1 7 o f 2 4 5 GRANTEE: CITY OF MERIDIAN 7MJ o e , Counci I P'; GO�PORATEp,q& At est b h ' ohnson, o IW SE DIANA. LA. e TREASUR�,P�v� STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on q ' J" 19 (date) by Toa :QOr+o n l and Chris Johnson on behalf of the City of Meridian, in their capacities as A and City Clerk, respectively. CHARLqNEpVVAy COMMISSION #67390 Notary Signature NOTARY PUBLIC My Commission Expires: aB a o a a STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 Water Main Easement Version 05/31/19 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 1 9 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 2 0 o f 2 4 5 (�/rE IDIZIA-N+=DAHO CITY COUNCIL WORI< SESSION AGENDA September 3, 2019 Agenda Item Number: 3 G Item Title: Final Plat for TM Crossing No. 4 (H-2019-0085) By Brighton Development, Inc., Located near the NE Corner of N. Ten Mile Rd and I-84 Meeting Notes: u✓ I TEM SHEET C ouncil Agenda I tem - 3.G. Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for T M Crossing No. 4 (H-2019-0085) by Br ighton Development, Inc., L ocated near the NE Corner of N. Ten M ile Rd. and I-84 C lick Here for A pplication Materials AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 8/29/2019 A pplicant Response to Staff Report Cover Memo 8/29/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 121 of 245 Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: 9/3/2019 TO: City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0085 TM Crossing Subdivision No. 4 PROPERTY LOCATION: North side of I-84, east of S. Ten Mile Rd., in the SW ¼ of Section 14, T.3N., R.1W. I. PROJECT DESCRIPTION The Applicant, SCS Brighton, LLC, submitted an application for a final plat consisting of five (5) building lots and two (2) common lots on 13.31 acres of land in the C-G zoning district for the fourth phase of TM Crossing Subdivision. II. APPLICANT INFORMATION A. Applicant SCS Brighton, LLC 2929 W. Navigator Dr., #400 Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Kameron Nauahi, Brighton Development, Inc. 2929 W. Navigator Dr., #400 Meridian, ID 83642 III. MERIDIAN, ID 83642 STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. The proposed final plat depicts fewer building lots and approximately the same amount of common area as approved with the preliminary plat. Meridian City Council Meeting Agenda September 3, 2019 – Page 122 of 245 Page 2 Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. V. EXHIBITS A. Preliminary Plat (dated: July 16, 2012) Meridian City Council Meeting Agenda September 3, 2019 – Page 123 of 245 Page 3 B. Final Plat (dated: 8/13/19) Meridian City Council Meeting Agenda September 3, 2019 – Page 124 of 245 Page 4 Meridian City Council Meeting Agenda September 3, 2019 – Page 125 of 245 Page 5 C. Landscape Plan (dated: 7/3/19) Meridian City Council Meeting Agenda September 3, 2019 – Page 126 of 245 Page 6 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [CPAM-12-001; AZ-12-005, Development Agreement #114002254); PP- 12-003; TED-14-001; H-2016-0054, amended Development Agreement #2016-062220]. 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Engineer’s signature on the third phase final plat, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on 8/13/19 by Kelly Kehrer, included in Exhibit B shall be revised as follows: a. Note #13: Include the recorded instrument number of the ACHD Landscape License Agreement. b. Note #14: Include the NMID License Agreement instrument number. c. Depict the lot number for Lot 8 on Sheet 1. d. Depict a 20-foot wide permanent dedicated buffer (or common lot) for street buffer landscaping along W. Navigator Dr. consistent with that shown on the landscape plan; and a minimum 10-foot wide permanent dedicated buffer (or common lot) for landscaping along I-84 outside of the Purdam Drain easement in accord with UDC Table 11-2B-3, 11-3B-7C.1b, and 11-3B-7C.2b. e. Include a note granting cross-access/ingress-egress and parking to all properties in the subdivision in accord with UDC 11-3A-3A.2 and preliminary plat condition #1.2.1.3. f. Change the north/south street name along the east boundary from W. Navigator Dr. to S. New Market Ave. g. Depict an emergency access easement across Lot 7, Block 3 for secondary access via W. Verbena Dr. to the east. The driveway shall have a turning radius of 28’ inside and 48’ outside, per IFC Section 503.2.4. 5. The landscape plan prepared by KM Engineering, dated 7/3/19 included in Exhibit C, is approved as submitted. 6. The Purdam Gulch Drain is required to be improved as a water amenity as a provision of the development agreement for Council granting a waiver to UDC 11 -3A-6 to allow the waterway to remain open. 7. Per UDC 11-1A-1, a water amenity is defined as follows: Any body of water either natural or manmade, which either exists or is proposed to be improved as a part of the development, in which its banks in all places adjacent to and located on said development are no steeper than one foot (1') vertical per every four feet (4') horizontally and which has a depth and velocity in all places adjacent to and located on said development such that the product of the maximum depth (feet) multiplied by the peak velocity (feet per second) does not exceed four (4). The developer shall submit construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho to the Planning Meridian City Council Meeting Agenda September 3, 2019 – Page 127 of 245 Page 7 Division and the authorized representative of the water facility for approval that demonstrate compliance with these standards. 8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works - General Conditions: 1. Sanitary sewer service to this development is available via existing mains. 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 existing mains. 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 pr ior 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 provided 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 amount of 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. Meridian City Council Meeting Agenda September 3, 2019 – Page 128 of 245 Page 8 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 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 Meridian City Council Meeting Agenda September 3, 2019 – Page 129 of 245 Page 9 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. Meridian City Council Meeting Agenda September 3, 2019 – Page 130 of 245 1 Chris Johnson From:Kody Daffer <kdaffer@brightoncorp.com> Sent:Thursday, August 29, 2019 2:54 PM To:Sonya Allen; Kameron Nauahi; Adrienne Weatherly; Charlene Way; Chris Johnson Cc:Jon Wardle Subject:RE: TM Crossing Sub. 4 - FP H-2019-0085 Staff Report for Council on 9/3 All We have reviewed the revised attached staff report and analysis, and agree with the conditions of approval. We request that this item be placed on City Council consent agenda on September 3rd. Thank you, Kody Daffer Cell 208.871.3812 From: Sonya Allen <sallen@meridiancity.org> Sent: Thursday, August 29, 2019 12:38 PM To: Kody Daffer <kdaffer@brightoncorp.com>; Kameron Nauahi <knauahi@brightoncorp.com>; Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Cc: Jon Wardle <jwardle@brightoncorp.com> Subject: RE: TM Crossing Sub. 4 - FP H-2019-0085 Staff Report for Council on 9/3 Kody, please see the revised staff report I just sent and confirm that you’re still in agreement with the conditions of approval. Thanks! From: Kody Daffer < kdaffer@brightoncorp.com > Sent: Thursday, August 29, 2019 12:31 PM To: Kameron Nauahi < knauahi@brightoncorp.com >; Sonya Allen < sallen@meridiancity.org >; Adrienne Weatherly <aweatherly@meridiancity.org >; Charlene Way < cway@meridiancity.org >; Chris Johnson < cjohnson@meridiancity.org > Cc: Jon Wardle < jwardle@brightoncorp.com > Subject: RE: TM Crossing Sub. 4 - FP H-2019-0085 Staff Report for Council on 9/3 All, We have reviewed the attached staff report and analysis, and agree with the conditions of approval. We request that this item be placed on City Council consent agenda on September 3rd. Thank you, Kody Daffer | Development Specialist BRIGHTON CORPORATION 2929 W. Navigator Dr., Suite 400, Meridian, ID 83642 Mobile 208.871.3812 brightoncorp.com From: Sonya Allen < sallen@meridiancity.org > Sent: Thursday, August 29, 2019 11:09 AM Meridian City Council Meeting Agenda September 3, 2019 – Page 131 of 245 2 To: Adrienne Weatherly < aweatherly@meridiancity.org >; Charlene Way < cway@meridiancity.org >; Chris Johnson <cjohnson@meridiancity.org > Cc: Jon Wardle < jwardle@brightoncorp.com >; Kameron Nauahi < knauahi@brightoncorp.com > Subject: TM Crossing Sub. 4 - FP H-2019-0085 Staff Report for Council on 9/3 Importance: High Attached is the staff report for the proposed final plat for TM Crossing Sub. 4. This item is scheduled to be on the City Council agenda on September 3 rd . The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Kameron/Jon - Please submit a written response to the staff report to the City Clerk’s office (cityclerk@meridiancity.org ) and me by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. If you do not respond to the staff report by Thursday at 3:00 pm, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Sonya Allen | Associate Planner City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Fax: 208-489-0578 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting Agenda September 3, 2019 – Page 132 of 245 EIDIAN.,+- I DAHJ CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 3 H Item Title: Community Match Agreement with Verified First, LLC. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.H. Presenter: Estimated Time f or P resentation: consent Title of I tem - C ommunity M atch Agreement with Verified First, L L C AT TAC HM E NT S: Description Type Upload D ate Community Match A greement with Verif ied F irst L L C A greements / C ontracts 8/29/2019 V F signature page J im Miles A greements / C ontracts 8/30/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 133 of 245 COMMUNITY MATCH AGREEMENT BETWEEN CITY OF MERIDIAN AND VERIFIED FIRST, LLC TIS COMMUNITY MATCH AGREEMENT ("Agreement") entered into this To day of SPj mbw_Vr- , 2019 by and between the City of Meridian ("City"), an Idaho municipal corporation organized under the laws of the State of Idaho, and Verified First LLC, an Idaho Limited Liability Company ("VF"), collectively, the "parties." WHEREAS, Verified First (VF) is a premier pre-employment background check and drug screening company; and, WHEREAS, VF currently operates a location at 1550 S. Tech Lane in Meridian with approximately 130 employees; and, WHEREAS, VF has the need to hire more software engineers, criminal records specialists, enterprise level customer service agents, and marketing professionals to serve its growing client base; and, WHEREAS, with the hiring of the additional staff, VF will double its footprint at its current Meridian worksite; and, WHEREAS, VF has been able to qualify for Idaho's Tax Reimbursement Incentive (TRI), a performance-based mechanism that promotes economic expansion, business retention, and job creation; and, WHEREAS, to be considered for participation in the TRI program, the applicant must seek a Community Match, which is defined as a commitment from the local government that demonstrates its active support of the applicant creating new jobs in the local community; and, WHEREAS, the Community Match may include a monetary contribution, fee waivers, in-kind services, the provision of infrastructure, or a combination thereof; and, WHEREAS, Meridian's Community Match is a show of support that the City has a partnership with the State of Idaho and VF, and is an effort to incentivize VF to utilize the Idaho TRI program and locate in Meridian. COMMUNITY MATCH AGREEMENT - Page 2 NOW, THEREFORE , in consideration of the foregoing, the City and VF do hereby agree as follows: 1. COMMUNITY MATCH CONTRIBUTION. Upon the satisfaction of the ongoing Condition listed below, City agrees to provide community match funds of $100,000 over a three-year period with an initial payment of $50,000, and payments of $25,000 each in the succeeding two years. a. The Condition must be satisfied in each of the three years. Failure to fulfill the Condition shall be considered an Event of Default under Section 5 of this Agreement and shall relieve City of its agreement to fund any unpaid community match unless cured. b. CONDITION FOR COMMUNITY MATCH CONTRIBUTIONS. The City and VF are entering into this portion of the Agreement to provide a community match in anticipation of the satisfaction of a certain condition, which, if not satisfied, will frustrate the purpose of providing the community match For purposes of this Agreement, the following shall constitute the “Condition”: VF shall receive approval from the Idaho Department of Commerce for the Idaho Tax Reimbursement Incentive (TRI) program. VF must continue to be eligible for the TRI tax credits in each of the three years that it receives community match funds from the City of Meridian. 2. PAYMENT OF FUNDS. The first payment of $50,000 shall be remitted to VF on the 30th day of September, 2019 or as soon as possible thereafter once City receives verification of approval from the Idaho Department of Commerce for VF’s TRI application. Each of the following annual payments of $25,000 shall be made on September 30th of the subject year, or as soon as possible thereafter once City receives verification of VF’s continued eligibility for the TRI tax credits. 3. PUBLIC RECORDS. All books, figures, records, reports, statements, or similar items submitted to the City by VF are public information and are available for public review, subject only to specific exemptions in Idaho Code relating to Public Records. Should VF provide to the City information that it believes to be a trade secret or other proprietary information as defined in Idaho Code, it may mark such information “confidential.” Prior to disclosing any information marked “confidential,” the City shall provide ten days written notice to VF prior to City making a determination whether the information is exempt from disclosure. 4. APPROVAL OF AGREEMENT, INVALIDITY, AND APPROPRIATION OF FUNDS. The City is a political subdivision of the State of Idaho and is subject to state laws governing its activities. In the event that any portion of the laws authorizing City’s local match of the Idaho Tax Reimbursement Incentive Act is found to be invalid Meridian City Council Meeting Agenda September 3, 2019 – Page 135 of 245 COMMUNITY MATCH AGREEMENT - Page 3 or unlawful, any portion of this Agreement which relies on the invalidated or unlawful portion of the TRI Act shall be null and void. Further, all funding set forth in this Agreement is subject to annual appropriation by the City Council pursuant to restrictions dictated by the Idaho Constitution. 5. DEFAULT . If VF or the City alleges that the other is default of such party’s obligations under this Agreement, the following provisions apply: (a) The party alleging such breach or default (the “ Alleging Party ”) shall provide written notice to the other (the “ Defaulting Party ”) identifying the specific nature of such alleged default (a ” Notice of Default ”), whereupon the Defaulting Party shall have thirty (30) days in which to fully cure the default (the “Cure Period ”). (b) A party’s failure to cure a default following a Notice of Default within the Cure Period shall be an “ Event of Default ” hereunder. (c) Upon an Event of Default, the Alleging Party shall have the right to terminate this Agreement as well as any and all rights and remedies to which the Alleging Party may be entitled in law or in equity. 6. AGREEMENT MADE IN IDAHO. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts in Ada County, Idaho. 7. NOTICES . Any and all notices required to be given by either of the parties hereto, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: To the City: Meridian City Clerk 33 E. Broadway Avenue Meridian, Idaho 83642 To VF: Jim Miles Vice President of Finance and Administration 1550 S. Tech Lane Meridian, Idaho 83642 Either party shall give notice to the other of any change in address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. Meridian City Council Meeting Agenda September 3, 2019 – Page 136 of 245 IN NVI7'NESS WHEREOF. the parties have hereunto caused this Agreement to he executed. on the day and year Iirst above written. CITY OF MERIDIAN, AN IDAHO MUNICIPAL CORPORATION I )61 1Prm;i6e-4 ATTES'r: Go�QORpTED AUG�s ��y �r w LO C ci ZAHO SEAL VERIFIED FIRST, LLC' ( -V (/ill -- 21 4� Jim Wiles - Vic9/President oi' Finance and Administration COMMUNITY MATCH AGREEMENT - Page 4 j�E IDIAN*,---.- (IZ �J CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 3 I Item Title: Development Agreement for Elevate Franklin Storage (H-2018- 0109 and H-2019-0072) With Ten Mile Development, LLC., Located at 3755 W. Perugia Street. Meeting Notes: c✓ I TEM SHEET C ouncil Agenda I tem - 3.I . Presenter: S onya Allen Estimated Time f or P resentation: 0 Title of I tem - D evelopment Agreement for Elevate F ranklin Storage(H-2018-0109 & H-2019- 0072) with Ten M ile D evelopment, L L C .,L ocated at 3755 W. Perugia S treet Agreement between the City of Meridian and Ten Mile, L L C for Elevate F ranklin S torage (H-2018- 0109 & H-2019-0072) AT TAC HM E NT S: Description Type Upload D ate S igned D A-Elevate Franklin S torage-H-2018-0109 & H- 2019-0072 A greements / C ontracts 8/27/2019 E xhibit A-Elevate Franklin Storage H-2018-0109 & H-2019- 0072 E xhibit 8/27/2019 E xhibit B -E levate F ranklin S torage H-2018-0109 & H-2019- 0072 E xhibit 8/27/2019 E xhibit C-Elevate Franklin Storage H-2018-0109 & H- 2019-0072 E xhibit 8/27/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 139 of 245 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ten Mile Development, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 3rd day of be)V— , 2019, 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 Ten Mile Development, LLC, whose address is 1409 N. Main Street, Ste, 109, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. 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 § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/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 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application (H-2018-0109) for a Development Agreement Modification for the properly described in Exhibit "A" to be removed from previous Development Agreements (Instrument #106002636 and #111028916) and for the re -zoning of 1.647 acres of land from L -O ( Limited Office) to R-15 (Medium High Density Residential) zoning district; and also submitted an application (H-2019-0072) to Modify the terms of the not yet recorded Development Agreement in accord with the recently approved UDC text amendment pertaining to self-service storage facilities, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT- ELEVATE FRANKLIN STORAGE (H-2018-0109 & H-2019-0072) PAGE 1 OF 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 1 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 2 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 3 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 4 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 5 o f 2 4 5 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 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. OWN"EVELOPER: Ten Mile Development, LLC CITY OF LI -A ATTEST: D A UGv S P" k fly of a E IDIAN-.- IDAHO SEAL/ DEVELOPMENT AGREEMENT — ELEVATE FRANKLIN STORAGE (H-2018-0109 & H-2019-0072) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, ) On this It -day of OULUM42019, before me, the undersigned, a Notary Publip in and for said State, personally appeared e 4 Cinown or identified to me to be the of Ten Mile Development, LLC, he person who signed above 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) otary o�Ida ASHLEY A JENSEN Residing aV Notary Public State of Idaho _ Commission Number 20180891 My Commission Expires: y��ts .1) My Commission Expires May 15, 2024 )) STATE OF IDAHO ) : ss County of Ada ) J�d S On this day of ber , 2019, befor�ta Notary Public, personally appeared j0 e—b0r-�V r� and Chris Johnson, known or identified tome to be the Vftr,. and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ARLENE WAY Notary Public fo Idaho ,�� {� Residing at: `'V 10t Jw" -0 COMMISSION #67390 Commission expires: �2) al$ -c3109L,'�, NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 DEVELOPMENT AGREEMENT — ELEVATE FRANKLIN STORAGE (H-2018-0109 & H-2019-0072) PAGE 8 OF 8 E X H I B I T A 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 8 o f 2 4 5 E X H I B I T B 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 9 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 5 0 o f 2 4 5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0109 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Existing Development Agreement to Remove the Subject Property from the Agreement; and a Rezone of 3.53 Acres of Land from the L-O to the R-15 Zoning District for Elevate Franklin Storage, by Ten Mile Development, LLC. Case No(s). H-2018-0109 For the City Council Hearing Date of: December 4, 2018 (Findings on December 18, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 4, 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 December 18, 2018 – Page 148 of 702 Exhibit B Meridian City Council Meeting Agenda September 3, 2019 – Page 151 of 245 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0109 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 4, 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 a modification to the development agreement and rezone with the requirement of a new development agreement is hereby approved per the provisions in the Staff Report for the hearing date of December 4, 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 December 4, 2018 Meridian City Council Meeting Agenda December 18, 2018 – Page 149 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 152 of 245 By action of the City Council at its regular meeting held on the 2018. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT 18 -vn day of VOTED VOTED 6 VOTED VOTED VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) e'er/sY Mayor T 64eerd A7ttest: 1 Cray Col City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: City Clerk's Office 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0109 - 3 - Meridian City Council Meeting Agenda September 3, 2019 – Page 153 of 245 EXHIBIT A Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: 12/4/2018 TO: City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Elevate Franklin Storage H-2018-0109 PROPERTY LOCATION: 3755 W. Perugia Street I. PROJECT DESCRIPTION The Applicant has submitted an application for a modification to the existing Development Agreement (Instrument No. 106002636) to remove the subject property from the agreement ; and a rezone of 3.53 acres of land from the L-O to the R-15 zoning district. A rezone is requested for the development of an accessory self-service storage facility for the existing multi-family development to the north (i.e. Silver Oaks). II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.53 Future Land Use Designation MHDR (TMISAP) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Self-service storage facility (accessory use to the multi- family development to the north) Current Zoning L-O Proposed Zoning R-15 Lots (# and type; bldg/common) NA Phasing plan (# of phases) 1 Physical Features (waterways, hazards, flood plain, hillside) Kennedy Lateral runs along west boundary of site Neighborhood meeting date; # of attendees: 07/25/2018; no attendees Meridian City Council Meeting Agenda December 18, 2018 – Page 151 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 154 of 245 Page 2 Description Details Page History (previous approvals) AZ-05-016 (Silver Oaks DA #106002636 – requires CUP approval of all future development); CUP-05-024 expired); FP-06-011 (Lot 1, Block 1, Umbria Subdivision; MDA-10-011 (amended DA Inst. 111028916) B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) No Requires ACHD Commission Action yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Proposed access via W. Perugia St. (local street); secondary emergency access via N. Umbria Hills Ave. (local street) Traffic Level of Service NA Stub Street/Interconnectivity/Cross Access Existing Road Network Existing Arterial Sidewalks / Buffers Proposed Road Improvements Fire Service No comment Police Service No comment Wastewater No comment Water No comment COMPASS (Communities in Motion 2040) No Comments received Meridian City Council Meeting Agenda December 18, 2018 – Page 152 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 155 of 245 Page 3 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant Ten Mile Development, LLC 1409 N. Main St., Ste. 109 Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Becky McKay, Engineering Solutions, LLP Meridian City Council Meeting Agenda December 18, 2018 – Page 153 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 156 of 245 Page 4 1029 N. Rosario St., Ste. 100 Meridian, ID 83642 IV. NOTICING A. Newspaper notification published on: 10/12/2018 (Commission); 11/16/2018 (City Council B. Radius notice mailed to properties within 300 feet on: 10/9/2018 (Commission); 11/13/2018 (City Council) C. Applicant posted notice on site on: 10/21/2018 (Commission); 11/24/2018 (City Council) D. Nextdoor posting: 10/9/2018 (Commission); 11/13/2018 (City Council) V. STAFF ANALYSIS A. Comprehensive Plan Policies: Per the TMISAP, medium-high density residential designated areas are recommended primarily for relatively dense multi-family housing types, such as row houses, townhouses, condominiums and apartment buildings and complexes. They should include a mix of housing types that achieve an overall average density target of 12 units per gross acre. Although primarily a residential designation, a limited amount of other land use types are also located in MHDR areas (see pgs.3- 6 and 3-7 in the TMISAP for more information). Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02F) Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) 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) Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) B. Existing Structures/Site Improvements: None C. Existing Zoning L-O D. Proposed Zoning/Use R-15; self-service storage facility – accessory to the adjacent multi-family development (i.e. Silver Oaks to the north) (only allowed as an accessory use) E. Dimensional Standards: See UDC Table 11-2A-7 http://www.sterlingcodifiers.com/codebook/index.php?book_id=306 F. Specific Use Standards: The proposed use is subject to the following standards: 11-4-3-34: STORAGE FACILITY, SELF-SERVICE: Meridian City Council Meeting Agenda December 18, 2018 – Page 154 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 157 of 245 Page 5 A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. B. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with UDC 11-3E, Temporary Use Requirements. C. The distance between structures shall be a minimum of twenty five feet (25'). complies D. The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chainlink shall not be allowed as fencing material. The facility will be completely screened from public view by the rear of the structures. E. If abutting a residential district, the facility hours of public operation shall be limited to six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. F. A minimum twenty five foot (25') wide landscape buffer shall be provided where the facility abuts a residential use, unless a greater buffer width is otherwise required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9C of this title. NA G. If the use is unattended, the standards in accord with section 11-3A-16, "Self-Service Uses", of this title shall also apply. H. The facility shall have a second means of access for emergency purposes. complies I. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. J. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. K. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. (Ord. 13-1555, 5-14-2013)” G. Concept Plan: A concept plan was submitted that depicts an indoor storage facility with several different sizes of storage units ranging in size from 5’ x 5’ to 10’ x 20’. H. Access: Access via W. Perugia St.; secondary emergency access via N. Umbria Hills Ave. In accord with UDC 11-3A-3A and the Comprehensive Plan, Staff recommends a road trust is submitted to ACHD for half the cost of construction of a bridge over the Kennedy Lateral and extension of W. Perugia Street to the west to Parcel #S121034712; the road trust should be submitted to ACHD prior to issuance of the first building permit for the proposed development. Note: With Umbria Subdivision, a similar road trust was required of the Applicant that was held for several years but eventually released by ACHD. Staff anticipates the property to the west developing in the near future and with the road trust, construction of the bridge could occur. I. Parking: Per UDC 11-3C-6B.1, parking is based on gross floor area of office space for self-service storage facilities. An 800 square foot office is proposed, therefore, a minimum of one (1) parking space is required; two (2) spaces are proposed with one of those being an ADA space. Because an employee will likely use one of those spaces and a visitor may not be able to use the ADA space, Meridian City Council Meeting Agenda December 18, 2018 – Page 155 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 158 of 245 Page 6 Staff recommends at least one (1) additional space is provided for a minimum of 3 total spaces. The associated multi-family development is currently experiencing issues with parking due to residents using the garages for storage rather than parking. The proposed accessory storage should provide for the storage needs of residents and free up garage space for parking, which should reduce parking issues within the multi-family development. J. Sidewalks: Five-foot wide attached sidewalks exist along W. Perugia St. and N. Umbria Hills Ave.; a 5-foot wide detached sidewalk exists along W. Franklin Rd. K. Pathways: None required L. Landscaping A 10-foot wide street buffer is required to be constructed along N. Umbria Hills Ave. and W. Perugia St., both local streets; and a 25-foot wide buffer is required along W. Franklin Rd., an arterial street, as set forth in UDC Table 11-2A-7. Landscaping is required to be provided within the buffers as set forth in UDC 11-3B-7C. The proposed landscape plan is in compliance with the aforementioned standards. M. Waterways: The Kennedy Lateral runs along the west boundary of this site. The City Council previously approved a waiver to UDC 11-3A-6 to allow the lateral to remain open and not be piped (FP-06- 011). N. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7. Fencing is not depicted on the plan. To preserve public safety, Staff recommends fencing is installed along the Kennedy Lateral to prohibit access to the waterway in accord with the standards listed in UDC 11-3A-6C.3. Further, Staff recommends 6-foot all wrought iron fencing is provided consistent with that to the north installed with the multi-family development. O. Utilities VI. DECISION A. Staff: Staff recommends approval of the proposed development agreement modification and rezone with the requirement of a new development agreement including the provisions in Section VIII of this report. B. Commission Recommendation to Council The Meridian Planning & Zoning Commission heard this item on November 1, 2018. At the public hearing, the Commission moved to recommend approval of the subject RZ request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Engineering Solutions (Applicant’s Representative); Heath Quist; Jesse Bennett ii. In opposition: None iii. Commenting: Mike Green Meridian City Council Meeting Agenda December 18, 2018 – Page 156 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 159 of 245 Page 7 iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. In favor of the storage facility in close proximity to the apartments. c. Key Issues of Discussion by Commission: i. Whether or not the Applicant should be required to construct or contribute to the cost of construction of the bridge/culvert across the Kennedy Lateral; ii. The time frame in which residents of the multi-family development can leave their items in the storage facility after they move out. d. Commission Change(s) to Staff Recommendation: i. Strike condition #2e requiring a road trust to be submitted to ACHD for half the cost of construction of a bridge over the Kennedy Lateral; ii. Condition #2b – Include an allowance for existing renters to lease space for up to one (1) year after they move out of the multi-family development; iii. Include a requirement for the Developer to work with the adjacent property owner to the west to come up with a cost share agreement for construction of a bridge/culvert over the Kennedy Lateral prior to the Council hearing (see condition A.2.k); iv. Modify condition #B.2 to allow the sewer and water easements to be submitted and reviewed along with the development plan approval rather than with the plat since there is not plat; v. Modify condition #B.3 to exclude the Kennedy Lateral from the requirement for irrigation facilities to be piped. e. Outstanding Issue(s) for City Council: i. Cost share agreement with the adjacent property owner to the west for construction of a bridge/culvert across the Kennedy Lateral. The Commission directed the applicant to come up with an agreement with the adjacent property owner prior to the Council hearing. The Meridian City Council heard these items on December 4, 2018. At the public hearing, the Council approved the subject MDA and RZ requests. a. Summary of City Council Public Hearing: i. In favor: Becky McKay, Engineering Solutions (representing the Applicant); Graye Wolfe i. In opposition: None ii. Commenting: None iii. Written testimony: James Doolin, Land Development Partners, representing property owner to the west (declined a cost share agreement for construction of the crossing over the Kennedy Lateral) iv. Staff presenting application: Sonya Allen, Caleb Hood v. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Applicant would like the ability to rent storage units to the general public as well as residents of the multi-family development to the north; c. Key Issues of Discussion by Council: i. A stand-alone storage facility isn’t allowed in the proposed R-15 district nor is it contemplated in the TMISAP; ii. An amendment to the TMISAP and/or map and rezone would be necessary for a stand-alone storage facility on this site. d. Key Council Changes to Staff/Commission Recommendation Meridian City Council Meeting Agenda December 18, 2018 – Page 157 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 160 of 245 Page 8 i. None VII. EXHIBITS A. Site Plan Meridian City Council Meeting Agenda December 18, 2018 – Page 158 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 161 of 245 Page 9 B. Landscape Plan Meridian City Council Meeting Agenda December 18, 2018 – Page 159 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 162 of 245 Page 10 C. Building Elevations Meridian City Council Meeting Agenda December 18, 2018 – Page 160 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 163 of 245 Page 11 D. Legal Description & Exhibit Map for Rezone Boundary Meridian City Council Meeting Agenda December 18, 2018 – Page 161 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 164 of 245 Page 12 Meridian City Council Meeting Agenda December 18, 2018 – Page 162 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 165 of 245 Page 13 VIII. CITY/AGENCY COMMENTS A. Planning Division 1. The existing Development Agreement (Inst. #106002636, amended Inst. #111028916) shall be revised to exclude the subject property from the agreement. 2. A new Development Agreement (DA) is required as a provision of the rezone of this property. Prior to rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. A Certificate of Zoning Compliance and Design Review application will not be accepted until the Ordinance and DA are recorded. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the rezone for approval by City Council and subsequent recordation. The DA shall, at a minimum, incorporate the following provisions: a. Future development of the subject property shall be generally consistent with the conceptual development plan and elevations approved with H-2018-0109 and the provisions included herein. b. The storage facility is allowed to operate in conjunction with and as an accessory use to the multi-family development to the north (i.e. Silver Oaks) and shall only provide storage service for residents of the multi-family development. Providing storage service for non-residents (i.e. the general public) is prohibited. Existing renters can lease space for up to one (1) year after they move out of the multi-family development. c. The Developer/Owner shall comply with the specific use standards listed in UDC 11- 4-3-34, Storage Facility, Self-Service, as follows: i. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. ii. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with UDC 11-3E, Temporary Use Requirements. iii. If the use is unattended, the standards listed in UDC 11-3A-16, Self-Service Uses, shall apply as follows, “Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting.” iv. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. v. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. vi. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. (Ord. 13-1555, 5-14-2013) Meridian City Council Meeting Agenda December 18, 2018 – Page 163 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 166 of 245 Page 14 e. Submit a road trust to ACHD for half the cost of construction of a bridge over the Kennedy Lateral and extension of W. Perugia Street prior to issuance of the first building permit for the development. f. Provide a minimum of three (3) parking spaces on the site for employee and visitor parking. g. To preserve public safety, a fence shall be installed along the Kennedy Lateral to prohibit access to the waterway in accord with the standards listed in UDC 11-3A- 6C.3. h. Six-foot tall wrought iron fencing is required to be constructed on the site along the Kennedy Lateral in accord with the standards listed in UDC 11-3A-6 and 11-3A-7. i. The hours of operation for the storage facility shall be limited to 6:00 am to 11:00 pm in accord with UDC 11-4-3-34E. j. All future structures shall comply with the design standards listed UDC 11-3A-19 and the Architectural Standards Manual, and the policies in the Ten Mile Interchange Specific Area Plan. k. The Developer shall work with the adjacent property owner to the west to come up with a cost share agreement for construction of a bridge/culvert over the Kennedy Lateral prior to the City Council hearing. The adjacent property owner declined participating in a cost share agreement. B. Public Works Department 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. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way for review along with the development plan review (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. 3. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed shall be tiled per UDC 11-3A-6, except for the Kennedy Lateral which Council previously allowed to remain open through a waiver to UDC 11-3A-6 (FP-06-011). In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda December 18, 2018 – Page 164 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 167 of 245 Page 15 4. 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. 5. 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. 6. Street signs are to be in place, water system shall be approved and activated, and at a minimum, a compacted gravel road base shall be in place prior to applying for building permits. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 8. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. All grading of the site shall be performed in conformance with MCC 11-12-3H. 13. 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. 14. 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. 15. 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. 16. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Department of Environmental Quality (DEQ): http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=156415&dbid=0 D. Idaho Transportation Department (ITD): http://weblink.meridiancity.org/weblink8/0/doc/156918/Page1.aspx Meridian City Council Meeting Agenda December 18, 2018 – Page 165 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 168 of 245 Page 16 E. Ada County Highway District (ACHD): http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=157495&dbid=0 IX. FINDINGS Annexation/Rezone (UDC 11-5B-3E): 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 and/or rezone, the council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed map amendment from L-O to R-15 is consistent with the MHDR FLUM designation and the applicable provisions in the Comprehensive Plan as noted in Section VI. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment complies with the regulations for the proposed R-15. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare. 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 The City Council finds the proposed map amendment will not result in an adverse impact on delivery of services as stated. E. The annexation (as applicable) is in the best interest of city. This finding does not apply since the application is for a rezone, not annexation. Meridian City Council Meeting Agenda December 18, 2018 – Page 166 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 169 of 245 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0072 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Terms of the Draft Development Agreement approved with Elevate Franklin Storage Rezone (File No. H-2018-0109) in Accord with the Recently Approved Self-service Storage Facilities, Residential Text Amendment, by Ten Mile Development, LLC. Case No(s). H-2019-0072 For the City Council Hearing Date of: July 23, 2019 (Findings on August 6, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 23, 2019, 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 August 6, 2019 – Page 170 of 400 EXHIBIT C Meridian City Council Meeting Agenda September 3, 2019 – Page 170 of 245 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0072 2 - 7. That this approval is subject to the provisions listed in the attached Staff Report for the hearing date of July 23, 2019, 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 development agreement modification is hereby approved per the provisions in the Staff Report for the hearing date of July 23, 2019, 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 July 23, 2019 Meridian City Council Meeting Agenda August 6, 2019 – Page 171 of 400Meridian City Council Meeting Agenda September 3, 2019 – Page 171 of 245 By action of the City Council at its regular meeting held on the day of A 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED \ COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED A -y Q COUNCIL MEMBER GENESIS MIL,AM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tammy de Weerd Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: City Clerk' ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0072 EIeVab Fran t(jV1 3- Meridian City Council Meeting Agenda September 3, 2019 – Page 172 of 245 EXHIBIT A Page 1 HEARING DATE: 7/23/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2019-0072 Elevate Franklin Storage LOCATION: 3755 W. Perugia St. SE ¼ of Section 10, T.3N., R.1W.) I. PROJECT DESCRIPTION Request for a modification to the terms of the (not yet recorded) Development Agreement approved with H-2018-0109 in accord with the recently approved UDC text amendment pertaining to self- service storage facilities (H-2019-0034). II. APPLICANT INFORMATION A. Applicant: Ten Mile Development, LLC – 1409 N. Main St., Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Becky McKay, Engineering Solutions, LLP – 1029 N. Rosario St., Ste. 100, Meridian, ID 83642 III. NOTICING City Council Posting Date Legal notice published in newspaper 7/5/2019 Radius notice mailed to properties within 300 feet 7/2/2019 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda August 6, 2019 – Page 173 of 400Meridian City Council Meeting Agenda September 3, 2019 – Page 173 of 245 Page 2 Public hearing notice sign posted 7/13/2019 Next Door 7/2/2019 IV. STAFF ANALYSIS Since City Council’s approval of the rezone (H-2018-0109) of this property last year to the R-15 district for the development of a self-service storage facility, the UDC (11-4-3-34, Self-Service Storage Facility) has been amended to allow for residential storage facilities with different specific use standards than commercial facilities (see below). The development agreement provisions approved with the rezone applied to commercial facilities; therefore, the Applicant proposes a modification to the provisions in accord with the recently approved specific use standards as shown in Section VI. Note: The Applicant has submitted a conditional use permit application for the storage facility that is currently in process and is scheduled to be heard by the Commission on August 15th. 11-4-3-47: SELF-SERVICE STORAGE FACILITY, RESIDENTIAL A. The facility is encouraged to accompany or be a component of a single-family or multi-family residential development with a conditional use permit in an R-15 or R-40 zone. B. The size of the facility shall be limited to thirty five percent (35%) of a residential development not to exceed a maximum of eight (8) acres. C. The location of the facility may be located along an arterial roadway as a buffer to a residential development, but shall not take direct access from an arterial. Access to the facility shall be from a collector or local street only. D. The hours of operation shall be limited to six o’clock (6:00) a.m. to ten o’clock (10:00) p.m. E. The use shall be limited to individual storage compartments which shall be used for residential related personal property including vehicles. F. Storage units shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a residential storage facility is specifically prohibited. G. The distance between structures shall be a minimum of twenty-five feet (25’). The maximum height of the buildings shall not exceed 35 feet. H. The storage facility shall be fully enclosed and screened from public view. I. A minimum twenty-foot (20’) wide landscape buffer shall be provided along a collector or local road and a twenty-five-foot (25’) wide buffer adjacent to residential development. Landscaping shall be provided as set forth in subsection 11-3B-7C and 11-3B-9C of this title. J. The facility shall have a second means of access for emergency purposes approved by the Meridian Fire Department. K. No outside storage area shall be allowed. Materials shall not be stored within the required yards. L. Buildings shall be designed to the architectural character of the residential area. The building design shall comply with the Traditional Neighborhood District (TND) design standards set forth in the City of Meridian Architectural Standards Manual. M. Signage for the facility shall comply with Section 11-3D-8C, “Residential Signs in Residential Districts,” of this title. Meridian City Council Meeting Agenda August 6, 2019 – Page 174 of 400Meridian City Council Meeting Agenda September 3, 2019 – Page 174 of 245 Page 3 N. On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Title 3, Chapter 4, “Outdoor Sales and Temporary Use Requirements.” The hours of the on-site auctions shall be limited to daylight hours (sunrise and sunset) and specified on the temporary use permit application submitted to the Clerk’s office. O. On-site management or contact information for on-call management shall be provided for the storage facility. If the use is unattended, the standards in accord with Section 11-3A-16, “Self- Service Uses,” of this title shall also apply. The application materials shall also include a security plan for the proposed facility. P. No storage of fuel or hazardous materials shall be allowed. Q. The site shall not be used as a “vehicle wrecking or junk yard” as herein defined in Section 11- 1A-1. V. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VI. B. Council: The Meridian City Council heard this item on July 23, 2019. At the public hearing, the Council voted to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Becky McKay b. In opposition: None c. Commenting: Dale Newberry and Gail Bordenkircher d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. b. Access to the development. Hours of operation. 3. Key issue(s) of discussion by City Council: a. None 4. City Council change(s) to Staff Recommendation: a. None Meridian City Council Meeting Agenda August 6, 2019 – Page 175 of 400Meridian City Council Meeting Agenda September 3, 2019 – Page 175 of 245 Page 4 VI. EXHIBITS A. Development Agreement Provisions Note: The existing provisions are noted in normal text; Staff’s recommended additional/revised provisions are noted in underline/strike-out format; Staff’s comments are noted in italic text. 1. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of the subject property shall be generally consistent with the conceptual development plan and elevations approved with H-2018-0109 and the provisions included herein. b. The applicant shall obtain conditional use permit approval for a residential storage facility. c. The storage facility is allowed to operate in conjunction with and as an accessory use to the multi-family development to the north (i.e. Silver Oaks) and shall only provide storage service for residents of the multi-family development. Providing storage service for non-residents (i.e. the general public) is prohibited. Existing renters can lease space for up to one (1) year after they move out of the multi-family development. d. The Developer/Owner shall comply with the specific use standards listed in UDC 11- 4-3-34 11-4-3-47, Storage Facility, Self-Service Self-Service Storage Facility, Residential, as follows:. i. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. ii. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with UDC 11-3E, Temporary Use Requirements. iii. If the use is unattended, the standards listed in UDC 11-3A-16, Self-Service Uses, shall apply as follows, “Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting.” iv. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. v. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. vi. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. (Ord. 13-1555, 5-14-2013) e. Provide a minimum of three (3) parking spaces on the site for employee and visitor parking. Meridian City Council Meeting Agenda August 6, 2019 – Page 176 of 400Meridian City Council Meeting Agenda September 3, 2019 – Page 176 of 245 Page 5 f. To preserve public safety, a fence shall be installed along the Kennedy Lateral to prohibit access to the waterway in accord with the standards listed in UDC 11-3A- 6C.3. g. Six-foot tall wrought iron fencing is required to be constructed on the site along the Kennedy Lateral in accord with the standards listed in UDC 11-3A-6 and 11-3A-7. h. The hours of operation for the storage facility shall be limited to 6:00 am to 11:00 pm in accord with UDC 11-4-3-34E. i. All future structures shall comply with the design standards listed UDC 11-3A-19 and the Architectural Standards Manual, and the policies in the Ten Mile Interchange Specific Area Plan. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning development agreement modification or it is null and void. Meridian City Council Meeting Agenda August 6, 2019 – Page 177 of 400Meridian City Council Meeting Agenda September 3, 2019 – Page 177 of 245 EIDIADAHO N,+ CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 3 3 Item Title: Professional Services Agreement for Provision of Live Music at Generation's Plaza Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.J . Presenter: Hillary Blackstone Estimated Time f or P resentation: 0 Title of I tem - Professional S ervices Agreement for Provision of L ive M usic at Generation's Plaza D eja B rew (C ecyle B rock) offered to split the cost of a band to play at G eneration's Plaza on F riday night f or the Meridian Art Week art walk. MA C will reimburse C ecyle $150 af ter she has paid the ban. AT TAC HM E NT S: Description Type Upload D ate Deja Brew P S A A greements / C ontracts 8/28/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 178 of 245 PROFESSIONAL SERVICES AGREEMENT FOR PROVISION OF LIVE MUSIC AT GENERATIONS PLAZA This PROFESSIONAL SERVICES AGREEMENT FOR PROVISION OF LIVE MUSIC AT GENERATIONS PLAZA ("Agreement") is made this 3rd day of rYl , 2019 ("Effective Date"), between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and HardBrock, LLC, doing business as Deja Brew Laugh a Latte, a limited liability company organized under the laws of the State of Idaho ("Provider"). WHEREAS, the City desires that Generations Plaza serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Meridian Art Week, a celebration of the arts in Meridian; and WHEREAS, City and Provider mutually desire to present live music in Generations Plaza on September 6, 2019 ("Event") as part of Meridian Art Week; and WHEREAS, Provider is uniquely qualified to provide live music in Generations Plaza due to a pre-existing arrangement between Provider and a band known as Last Call Boise Band ("Band"); 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, City and Provider agree as follows: I. SCOPE OF PROVIDER'S SERVICES A. Production services. Provider shall provide to City the following services: 1. Provide all services necessary to provide live music in Generations Plaza on September 6, 2019, from 6 p.m. to 8 p.m. 2. Collaborate with Band to provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. 3. Hire, manage, and pay Band. 4. Collaborate with City as needed or requested to facilitate Event. 5. Collaborate with City on a backup plan in case of inclement weather, and implement said plan if needed. B. Event specifications. Provider shall comply in all respects with each and all of the following specifications. 1. Unless otherwise agreed in writing or moved due to inclement weather, Provider shall provide Band to perform live music in Generations Plaza, 804 N. Main Street, Meridian, Idaho, on September 6, 2019, from 6 p.m. to 8 p.m. 2. All set-up, rehearsal, and/or sound checks at Generations Plaza shall be completed by 5:45 p.m. on September 6, 2019. 3. Provider and Band shall comply in all respects with state and federal law, all PROFESSIONAL SERVICES AGREEMENT FOR PROVISION OF LIVE MUSIC AT GENERATIONS PLAZA PAGE 1 Meridian City Council Meeting Agenda September 3, 2019 – Page 180 of 245 Meridian City Council Meeting Agenda September 3, 2019 – Page 181 of 245 Meridian City Council Meeting Agenda September 3, 2019 – Page 182 of 245 Q. 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. R. Successors and assigns. 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. S. 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 as set forth above. PROVIDER: "ecyle HardBrock, LLC CITY OF MERIDIAN: 0A Attest PROFESSIONAL SERVICES AGREEMENT FOR PROVISION OF LIVE MUSIC AT GENERATIONS PLAZA PAGE 5 C Et IDIA,?-- �J CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Acienda Item Number: 3 K Item Title: Maintenance Agreement with Nampa Meridian Irrigation District for Pump Station Operation and Maintenance Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.K . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Nampa M eridian Irrigation D istrict Pump Station Oper ation and M aintenance Agreement Seeking council approval for the Nampa Meridian I rrigation D istrict Pump S tation O peration and Maintenance A greement for Meridian F ire Station No.6. T his agreement is required by the Nampa Meridian I rrigation D istrict to upgrade the pump station’s control panel drive that services the property for F ire S tation 6 to connect to the south neighbors pressurized irrigation system. AT TAC HM E NT S: Description Type Upload D ate Memo to Council Cover Memo 8/28/2019 NMI D A greement A greements / C ontracts 8/28/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 185 of 245 Meridian Fire Department 33 E. Broadway Avenue, Suite #210 Meridian, ID 83642 Phone 208-888-1234 www.meridiancity.org August 28, 2019 MEMORANDUM TO: Mayor and City Council Members CC: Mark Niemeyer FROM: Meridian Fire Department, Charlie Butterfield and Stacy Redman, Facilities Project Manager for St. 6 RE: Nampa Meridian Irrigation Pump Agreement for St. 6 Seeking council approval for the Nampa Meridian Irrigation District Pump Station Operation and Maintenance Agreement for Meridian Fire Station No.6. This agreement is required by the Nampa Meridian Irrigation District to upgrade the pump station’s control panel drive that services the property for Fire Station 6 to connect to the south neighbors pressurized irrigation system. City cost not to exceed $2,565.52 for the control panel drive and installation (will be funded out of Station 6 contingency for construction). Signed agreement and upgrade to pump station’s control panel drive is required prior to receiving pressurized irrigation. Meridian City Council Meeting Agenda September 3, 2019 – Page 186 of 245 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 8 7 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 8 8 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 8 9 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 9 0 o f 2 4 5 IN WITNESS WHEREOF, the parties have hereunto caused their names to be subscribed this day of S , 2019. RURAL FIRE PROTECTION DISTRICT, � co rate of the State of Idaho NAMPA & MERIDIAN IRRIGATION DISTRICT rresmem Attest; Secretary PUMP STA'T'ION OPERATION AND MAINTENANCE AGREEMENT - Page 5 STATE OF IDAHO County of Ada This record was acknowledged before me on C1 " _ 2414, by bbOY+� and CY1d5_ &1Y1150(1 C our�!I cLnd City Clerk of the City of Meridian. P� CHARLENE WAY COMMISSION #67390 Notary Public for the State of Id o NOTARY PUBLIC STATE OF IDAHO My commission expires: •,r.- xxq q`+ MY COMMISSION EXPIRES 3rAW] ------------------ STATE OF IDAHO County of Ada This record was acknowledged before me on_ _ 4, 2019, by Marvin Ward, Chairman of Meridian Rural fire Protection strict. STATE OF IDAHO County of Canyon 16-11 •Osseo Notary ubli or the State of Idaho My commission expires: �� o j2 /S g?0'A3 This record was acknowledged before me on n '�WM , 2019, by, fCLtW&\S� and —Q0LM (L. Qmn President and Secretary, respectively, of Nampa & Meridian Irrigation District. CHANE GRANT COMMISSION #63461 NOTARY PUBLIC /fO'tary Public for Id BSATE OF IDAHO 6'�Iy Commission Expires: capes_ PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - Page 6 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 9 3 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 9 4 o f 2 4 5 E IDLA 1* -- CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 3 L Item Title: Approval of Purchase Order #19-0398 with Meridian Library District for Community Development Block Grant Funding, For Ada Restroom Improvements Not -to -Exceed $87,970 Meeting Notes: 9; I TEM SHEET C ouncil Agenda I tem - 3.L . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approval of P urchase O rder #19-0398 with the M eridian L ibrary District for C ommunity D evelopment Block Grant F unding for AD A Restroom Improvements Not-to- Exceed $87,970 AT TAC HM E NT S: Description Type Upload D ate P O 19-0398 Approval and Authorize P urchasing Mgr to S ign Cover Memo 8/29/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 195 of 245 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 9 6 o f 2 4 5 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 9 7 o f 2 4 5 �`�/rE IDAH DIZ IAN! - CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 3 M Item Title: AP Invoices for Payment - 8/30/19 - $116,209.84 Meeting Notes: F1 I TEM SHEET C ouncil Agenda I tem - 3.M. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 08/30/19 - $116,209.84 AT TAC HM E NT S: Description Type Upload D ate I nvoices Cover Memo 8/30/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 198 of 245 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 AFLAC August 2019 AFLAC 3,688.62 01 General Fund DISCOVERY BENEFITS Flex August 2019 22,665.50 01 General Fund IAFF LOCAL 4627 #4627 Firefighters Dues August 2019 7,117.04 01 General Fund KEYBANK City of Meridian HSA Contributions August 2019 3,588.32 01 General Fund NAGE Local R-14 687 August 2019 14.00 01 General Fund NATIONWIDE RETIREMENT SOLUTIONS, INC August 2019 Pre Tax Contribution 43,847.32 01 General Fund NATIONWIDE RETIREMENT SOLUTIONS, INC August 2019 Roth Contributions 12,770.28 01 General Fund UNITED WAY OF TREASURE VALLEY #17426 August 2019 Contributions 396.59 01 General Fund WSCFF EMPLOYEE BENEFIT TRUST August 2019 MERP Contributions 3,700.00 Total 01 General Fund 97,787.67 60 Enterprise Fund AFLAC August 2019 AFLAC 595.24 60 Enterprise Fund DISCOVERY BENEFITS Flex August 2019 7,609.87 60 Enterprise Fund KEYBANK City of Meridian HSA Contributions August 2019 1,543.30 60 Enterprise Fund NATIONWIDE RETIREMENT SOLUTIONS, INC August 2019 Pre Tax Contribution 6,330.80 60 Enterprise Fund NATIONWIDE RETIREMENT SOLUTIONS, INC August 2019 Roth Contributions 2,282.96 60 Enterprise Fund UNITED WAY OF TREASURE VALLEY #17426 August 2019 Contributions 60.00 Total 60 Enterprise Fund 18,422.17 Report Total 116,209.84 Date: 8/29/19 02:23:53 PM Page: 1Meridian City Council Meeting Agenda September 3, 2019 – Page 199 of 245 �if E IDIZ IA*,-----N DAJ CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 3 N Item Title: AP Invoices for Payment - 09/04/19 - $533,702.90 Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 3.N. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 09/04/19 - $533,702.90 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 8/29/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 200 of 245 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 Name plate for Reba White new employee 9.00 01 General Fund A-1 STAMP & MABEL'S LABELS Notary Stamp: A. Weatherly Qty. 1, Stamp Rebld Qty.1, InkPad 50.00 01 General Fund A-1 STAMP & MABEL'S LABELS Wall Signs for Briefing Room Entrance & Sgt Office 70.00 01 General Fund ADA COUNTY WEED & PEST CONTROL gopher control along the Bud Porter Pathway 25.00 01 General Fund AMAZING ATHLETES instructor fee - Amazing Athletes 7/17-8/14/19 - qty 9 396.00 01 General Fund ARCHIE CORRALES Per Diem:A.Corrales,ICC Insp Cert Training,SLC,UT 308.00 01 General Fund ARGON SHED MOVERS move sheds at Fuller Park Field #1 - qty 2 420.00 01 General Fund BEAKERZ LLC instructor fee - Space & Rockets 8/12-8/16/19 - qty 10 240.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0299 Street Light Maintenance FY 2018,2019 40122c 54.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0299 Street Light Maintenance FY 2018,2019 Pole 40124 54.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0299 Street Light Maintenance RY 2018 2019 Pole 40992c 288.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.No PO Streetlight Maintenance FY 2018, 2019 Pole Meridian/ID 7,948.00 01 General Fund BLAKE CAMPBELL Expense Report:B.Campbell FRI,ATL,GA 08/04/19-08/11/19 60.00 01 General Fund BOISE RIVER FENCE wrought iron fence section for Heroes Park - qty 1 160.00 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.19-0092 softball officials 8/5-8/9/19 - qty 50 games 1,427.00 01 General Fund BONNEVILLE BLUE PRINT SUPPLY copies of Discovery Park maps qty 30 35.70 01 General Fund BRIGHT IDEAS LIGHTING COMPANY conduit for covered parking GFCI box at Parks Shop 92.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY emergency ballast for Kleiner Park 185.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY install GFI outlet at Bear Creek Park 73.50 01 General Fund BRIGHT IDEAS LIGHTING COMPANY install welder plug at Discovery Park 305.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/ MF035 - Repair right tire sensor 67.45 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/ MF038 - Service Lube, Oil, Filter, Rotation 216.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery for Unit # 153 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery for Unit # 157 170.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Error Invoice #10433, Unit# 161 (75.00) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Install Driver Seat Cover for Unit # 161 20.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Invoice Contains Oil Change in Error, Credit on #175 75.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Lower Ball Joints, Oil Change, Install Battery, Rear Shocks 946.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Battery for Unit # 31 180.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change & Drive Belt for Unit # 164 164.54 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 1 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 139 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 158 55.00 Date: 8/29/19 12:36:57 PM Page: 1Meridian City Council Meeting Agenda September 3, 2019 – Page 201 of 245 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 BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 525 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change, Install Seat Cover for Unit # 131 85.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Rear Brakes & Rear Calipers Unit # 155 842.88 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Tires, Cabin Air Filter for Unit # 32 881.84 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Updated Fuel Pump Module, Connector & Sensor #141 217.60 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Vehicle #4 maintenance (C20823) / tire repair 55.00 01 General Fund BSA ORE-IDA COUNCIL Refund: 14176903 Ch#002559 Orig CR19-487 100.00 01 General Fund BUILDING BLOCKS IDAHO instructor fee - Lego Story Adventures 8/5-8/9/19 - qty 7 448.00 01 General Fund CAREER UNIFORMS Visors for B. Young 19.90 01 General Fund CARQUEST AUTO PARTS Windshield Wipers Qty.2 Gray Fusion; C19608 26.78 01 General Fund CARQUEST AUTO PARTS wire for Lanark Parks Shop - qty 112 71.84 01 General Fund CHAD SOMBKE, PH.D, P.C.Pre Employment Testing 800.00 01 General Fund CHRIS JOHNSON Per Diem:C.Johnson,NovusTraining,Yakima,WA 09/11/19-09/13/19 182.50 01 General Fund CLIMA-TECH CORPORATION controller for Homecourt - qty 1 630.00 01 General Fund CLOVERDALE NURSERY sand for Kleiner Park Arboretum - qty 14 cu yds 350.00 01 General Fund CLOVERDALE NURSERY sod for Fuller Park near north restrooms - qty 30 SF 90.00 01 General Fund COMMERCIAL TIRE 220/2 sets of 2 front tires for stock 2,417.96 01 General Fund COMMERCIAL TIRE 220/4 rear tires, kept in stock 1,879.96 01 General Fund COMMERCIAL TIRE 220/MF037, 4 rear tires 1,879.96 01 General Fund CURTIS CLEAN SWEEP INC restripe Homecourt parking lot 1,128.92 01 General Fund D & B SUPPLY double-sided tape for Kleiner Park history kiosk; PD#19-4855 7.99 01 General Fund D & B SUPPLY Safety Hard Hats for Inspectors 31.98 01 General Fund D & B SUPPLY SmithCo turf sprayer parts - qty 2 12.48 01 General Fund D & B SUPPLY turf sprayer lights & parts - qty 5 63.95 01 General Fund ELAINE CRISTELLA instructor fee - Vintage Furniture & Decor 8/24/19 x 2 104.00 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO 220/ Lights (30) - Sta. 4 66.19 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO Emergency light ballast 127.78 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Siren Speaker Replaced on Unit # 157 342.00 01 General Fund ESP PRINTING & MAILING remaining balance owed on 2019 Fall Activity Guide 890.69 01 General Fund FASTENAL COMPANY bolts for Kleiner Park Shop - qty 5 1.75 01 General Fund FASTENAL COMPANY parts & supplies for Kleiner Park history kiosk PD #19-4855 12.17 01 General Fund FASTENAL COMPANY screws for history kiosk at Kleiner Park x 5; PD #19-4855 1.75 01 General Fund FASTENAL COMPANY screws/washers-Kleiner history kiosk x 15; PD Case #19-4855 3.50 Date: 8/29/19 12:36:57 PM Page: 2Meridian City Council Meeting Agenda September 3, 2019 – Page 202 of 245 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 FERGUSON ENTERPRISES INC.credit on plumbing part for 8th Street Park - qty 1 (18.56) 01 General Fund FERGUSON ENTERPRISES INC.drain pipe cap & plug for 8th Street Park - qty 3 27.48 01 General Fund FOUR SEASONS SPA & POOL Generations Plaza water feature repair parts 5.95 01 General Fund GEM STATE PAPER & SUPPLY CO 19-0117 Enmotional foam soap & one shot enriched soap 533.79 01 General Fund GEM STATE PAPER & SUPPLY CO 19-0117 Kleenex Kitchen Roll Towell 64.56 01 General Fund GEM STATE PAPER & SUPPLY CO 19-0117 Urinal screens 29.14 01 General Fund GEM STATE PAPER & SUPPLY CO paper towels & gloves for Lanark Parks Shop - qty 6 279.62 01 General Fund GLASS DOCTOR Rock Chip Repair for Unit # 150 39.95 01 General Fund GLASS DOCTOR Windshield Remplacement for Unit # 45 261.34 01 General Fund GREG REEDER Engraving on Duty Weapon for R Ellis Retirement 41.40 01 General Fund H.D. FOWLER COMPANY billed to City in error - see credit memo C482050 11.11 01 General Fund H.D. FOWLER COMPANY billed to City in error - see invoice I5195150 (11.11) 01 General Fund H.D. FOWLER COMPANY irrigation parts for Fire Safety House - qty 4 30.35 01 General Fund H.D. FOWLER COMPANY irrigation parts for Settlers Park MYB Field 3 - qty 135 171.90 01 General Fund H.D. FOWLER COMPANY irrigation parts for Tully Park - qty 165 696.85 01 General Fund H.D. FOWLER COMPANY irrigation parts for Tully Park - qty 2 3.98 01 General Fund HENRY SCHEIN MATRIX MEDICAL 220/Medical, blood coll kits, tourniquets, gauze, oximeter 285.57 01 General Fund HOME DEPOT CREDIT SERVICES 220/ Sta. 4 Equipment - Hacksaw blades, pliers 44.21 01 General Fund HOME DEPOT CREDIT SERVICES mechanics toolbox for Lanark Parks Shop - qty 1 998.00 01 General Fund HOME DEPOT CREDIT SERVICES Wall Texture, Adhesive Applicator Nozzle, Wall Base Adhesive 51.76 01 General Fund IAFF 220/Intructor fee for Peer Support Training, Oct 10,11, 2019 9,000.00 01 General Fund IDAHO NUTRITION ASSOCIATES, LLC instructor fee - Cooking with Kids 8/6-8/8/19 - qty 12 624.00 01 General Fund IDAHO POST ACADEMY Training Reg:D.Kenny, Defensive Tactics,Boise,ID 600.00 01 General Fund IDAHO POWER 2200773816 August 2019 City Hall Power 9,295.90 01 General Fund IDAHO POWER 2205054725 Police Power August 2019 4,470.57 01 General Fund IDAHO POWER 2207295045 Fire Sta.6 August 2019 Power 142.60 01 General Fund IDAHO POWER 2224834438 Frontier Main St. Parking August 2019 Power 31.17 01 General Fund IDAHO PRESS-TRIBUNE H-2019-0066 Millbrae Sub Anex;H-2019-0082 Eagle Commons 56.24 01 General Fund IDAHO VICTIM WITNESS ASSOC IVWA Membership for C. Gonzalez 2020 50.00 01 General Fund IDAHO VICTIM WITNESS ASSOC IVWA Membership for D. Mersch 2020 50.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 8/20/19 250.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 8/9/19 250.00 01 General Fund INSIGHT ARCHITECTS, pa professional services for Community Center 5/1-7/31/19 1,835.00 Date: 8/29/19 12:36:57 PM Page: 3Meridian City Council Meeting Agenda September 3, 2019 – Page 203 of 245 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 INTERMOUNTAIN GAS 0981623008 August 2019 554.30 01 General Fund INTERNATIONAL CODE COUNCIL '15 IRC Flash Cards/'15 IBC study guide/;15 IBC Code Book 229.50 01 General Fund INTERNATIONAL CODE COUNCIL 2012 IMC Study Guide Mech. Inspectors 95.00 01 General Fund INTERNATIONAL CODE COUNCIL 220/IFC Books & Tabs, qty 5 384.45 01 General Fund INTERNATIONAL CODE COUNCIL Mech Inspectors '18 IMC Code Books/'18 IMC Study Guide 385.75 01 General Fund INTERSTATE ALL BATTERY CENTER 9-volt batteries for Lanark Parks Shop - qty 3 50.85 01 General Fund INTERSTATE ALL BATTERY CENTER battery for John Deere 997 mower - qty 1 153.59 01 General Fund JAYKER WHOLESALE NURSERY trees for Kleiner Park - qty 8 1,114.60 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP 220/remove small air compressor on Fire Alarm system ST. 1 323.00 01 General Fund JOHNSTONE SUPPLY Kleiner Park exhaust fan motor replacement - qty 1 192.51 01 General Fund JOSEPH LANCE SMITH Expense Report:J.Smith,FRI,ATL,GA 08/04/19 - 08/11/19 80.39 01 General Fund KENDALL FORD OF MERIDIAN Steering Gear for Unit # 152 1,811.01 01 General Fund KEVIN FEDRIZZI Expense Report:K.Fedrizzi,FIR, ATL,GA 08/04/19-08/11/19 1,609.07 01 General Fund L.N. CURTIS AND SONS SWAT Bag & Accessories 431.64 01 General Fund LEA ELECTRIC, LLC.Electrical service new work 112.50 01 General Fund LOWE'S 220/Caribiners, 9V batteries 107.72 01 General Fund LOWE'S 220/spring links for station signs 8.40 01 General Fund LOWE'S dryer vent for Settlers Park - qty 1 30.39 01 General Fund LOWE'S Spray marking paint for Inspectors 11.36 01 General Fund MASTER ROOTER PLUMBING hydro flush sand play drain at Discovery Park 340.00 01 General Fund MATERIALS TESTING & INSPECTION City Hall Plaza Settling Soils Report 3,834.10 01 General Fund MERIDIAN TROPHY 2019 Spring Softball champion award plaques - qty 2 43.90 01 General Fund MODERN PRINTERS Policy & Procedure Manuals for PD Qty.10 438.00 01 General Fund MOTIONS DANCE STUDIO instructor fee - various dance classes 6/17-8/9/19 x 206 8,009.60 01 General Fund NAPA AUTO PARTS 220/ MF018 - Engine mntc, 15W40 Oil 13.99 01 General Fund NAPA AUTO PARTS 220/ MF030 - Wipers, glass cleaner, towels to clean veh. 54.96 01 General Fund NAPA AUTO PARTS 220/ Sta. 5 shop supplies, polish, back plate 46.11 01 General Fund NAPA AUTO PARTS Washer Fluid & Tire Gauge with hose 70.13 01 General Fund NAPA AUTO PARTS Wiring Loom 3.49 01 General Fund NATURES CHOICE algae treatment at Kleiner Park pond 7/15/19 375.00 01 General Fund NESMITH BROTHERS TOWING Evidence Tow DR 19-5405 75.00 01 General Fund NORTHWEST SAFETY CLEAN 220/ Pant repair - turnouts 49.95 01 General Fund OFFICE DEPOT, INC.220/ Labels, highlighters, key tags 51.86 Date: 8/29/19 12:36:57 PM Page: 4Meridian City Council Meeting Agenda September 3, 2019 – Page 204 of 245 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 OFFICE DEPOT, INC.foot rest - qty 3 88.17 01 General Fund OFFICE DEPOT, INC.Hanging Folders, Toner, Label Tape, Print Cartridge 191.91 01 General Fund OFFICE DEPOT, INC.Letter Opener for Mail Room 843.41 01 General Fund OFFICE DEPOT, INC.Spiral notebooks, Plans eExaminers/Plan Review 37.45 01 General Fund OFFICE VALUE - MERIDIAN Magnet Labels for PSTC CD Qty.1 8.89 01 General Fund OFFICE VALUE - MERIDIAN Magnets for PSTC Qty.4 data CD Qty.1 37.76 01 General Fund OFFICE VALUE - MERIDIAN Paperclips for PD 7.29 01 General Fund OFFICE VALUE - MERIDIAN White Board & Markers for Patrol 67.02 01 General Fund OVERHEAD DOOR COMPANY 220/ Repair garage door, Sta. 1 281.66 01 General Fund PACIFIC BACKFLOW LLC backflow irrigation repairs at Chateau Park 122.31 01 General Fund PAIGE MECHANICAL GROUP, INC.HVAC repairs at the Homecourt 75.00 01 General Fund PARSONS BEHLE & LATIMER Prof Services - Self Funding Issue through 07/31/19 5,783.90 01 General Fund PAUL'S MERIDIAN STINKER Emissions Test for Unit # 129 15.00 01 General Fund PAUL'S MERIDIAN STINKER Emissions Test for Unit # 133 15.00 01 General Fund PEACEKEEPTER PRODUCTS INTERNATIONAL Batons & holsters for Future New Hires Qty 3 553.18 01 General Fund PUBLIC AGENCY TRAINING COUNCIL Training:C.Siems,Internal Aff.Conf,Cert.Gatlinburg,TN 625.00 01 General Fund QUALITY ELECTRIC 19-0343 FY2019 Strlght Underground Pwr Locates Srv to 8/1/19 4,706.25 01 General Fund REVVED UP MOTORSPORTS Front Tire for Unit # 522 213.00 01 General Fund RICOH USA, INC C82616993 Copier Addt'l Images for Lt Hallway, missed Reads 1,113.60 01 General Fund RMT EQUIPMENT Jacobsen groomer diagnostics 233.20 01 General Fund RMT EQUIPMENT tough cut deck parts for Ventrac - qty 15 203.42 01 General Fund RMT EQUIPMENT wide body Jacobsen 311 mower repairs 2,200.00 01 General Fund ROGERS TIRE PROS AND AUTO CARE flat tire repair for Bobcat Toolcat at Fuller Park 40.00 01 General Fund ROGERS TIRE PROS AND AUTO CARE Toro sprayer flat tire repair - qty 1 20.00 01 General Fund SHAW SHOOTING INC.J.Rogers, N. Kulack, Handgun Training, Hagerman,ID 1,126.00 01 General Fund SHI INTERNATIONAL CORP OfficeProPlus 2019 Sngl Mvl Windows-multiple windows platfor 3,665.80 01 General Fund SMITH POWER PRODUCTS INC 220/ MF009 - Repair, engine not reading veh. speed 291.50 01 General Fund SPARKLIGHT 112461900 City Hall Cable Service 08/16/19-09/15/19 47.78 01 General Fund SPARKLIGHT 220/ Digital device rental 15.30 01 General Fund SPARKLIGHT 220/digital device rental, St. 4 5.78 01 General Fund SPECIALTY CONSTRUCTION SUPPLY marking paint - qty 36 145.08 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ Coolant (12gal) - All Stations 201.96 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF008 - Repair air dryer purge valve, emerg lights 254.38 Date: 8/29/19 12:36:57 PM Page: 5Meridian City Council Meeting Agenda September 3, 2019 – Page 205 of 245 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 STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF009 - Repair back up cam, mirror housing 982.10 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF019 - Repair Ground and Scene lights, foam gauge 729.72 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF021 - Repair alternator 5,315.41 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF027 - Preventive Maintenance 326.71 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF037 - Repair tach & speedometer, mirror, reverse lght 2,390.37 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF037 Preventive Maintenance 1,298.86 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF045 - Preventive Maintenance 912.91 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF045 - Repair jake brake 51.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF046 - Preventive Maintenance 930.58 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump testing MF008 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump testing MF009 301.13 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/pump testing MF014 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump testing MF019 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump testing MF021 375.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump testing MF041 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/pump testing MF045 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/pump testing MF046 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/pump testing, MF018 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/pump testing, MF037 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump testing, MF040 275.00 Date: 8/29/19 12:36:57 PM Page: 6Meridian City Council Meeting Agenda September 3, 2019 – Page 206 of 245 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 SUNBELT RENTALS ride-on trencher for Tully Park 8/12-8/13/19 492.76 01 General Fund SWANK MOTION PICTURES, INC.Settlers Movie Night Dumbo movie license for 8/23/19 700.00 01 General Fund SYNCB/AMAZON 439757469578 Makita battery two-pack 123.45 01 General Fund SYNCB/AMAZON 496837356368 220/ Coffee filters (3 boxes)10.44 01 General Fund SYNCB/AMAZON 539454735878 220/ Event safety guides (3)165.57 01 General Fund SYNCB/AMAZON 769353847957 220/ Electronic postage scale for packages 38.99 01 General Fund SYNCB/AMAZON 949876343868 220/ Notebooks, Electronics - Flashdrives(3) 81.76 01 General Fund THE UPS STORE postage for TRC to Remote Control Technology 11.88 01 General Fund TIM WALSTAD Reimb:T.Walstad,11/18/19 Training Incident - Emergency Visit 848.66 01 General Fund TONY CHANCE Expense Report:T.Chance,NFA,Emmitsburg,MD 60.00 01 General Fund TRADEMARK SIGN CO, LLC Fuller Park monument signage 8,608.00 01 General Fund TREASURE VALLEY CHILDREN'S THEATER Support for 2019 production Charlottes Webb 1,000.00 01 General Fund TROPHY HOUSE PROS Retirement Thank You Plate for Shadow Box-Ray Ellis 13.00 01 General Fund UNITED SITE SERVICES INC portable toilets for Homecourt 8/5-9/1/19 325.54 01 General Fund UNITED SITE SERVICES INC portable toilets for Homecourt 8/6-9/2/19 296.52 01 General Fund VANESSA KLAUS Refund:No Exec. Dev.Agmt. Orig CR19-748 08/26/19 160.00 01 General Fund VARSITY FACILITY SERVICES 19-0054 Jantiorial Services City Buildings Thru 7/30/19 13,452.02 01 General Fund VICTORY GREENS topsoil for Fuller Park - qty 3 65.85 01 General Fund VIKING INDUSTRIAL SYSTEMS Settlers Park pressure washer repair 214.61 01 General Fund WASHINGTON ASSOC OF BUILDING OFFICIALS WABO Job Postings Elec Insp I; Mech Insp; Bldg Plans Exam II 150.00 01 General Fund WEIDNER & ASSOCIATES 19-0173 220/ Fire helmet 307.89 01 General Fund WEIDNER & ASSOCIATES 220/ SCBA air compressor filter, equip repair & mtnc.207.48 01 General Fund WESTERN APPLIANCE REPAIR 220/ Fridge repair - Sta. 2 189.00 01 General Fund WESTERN STATES EQUIPMENT CO parts for mini excavator - qty 16 69.36 01 General Fund WESTERN STATES EQUIPMENT CO parts for mini excavator - qty 6 170.08 01 General Fund WHITETAIL REAL ESTATE PHOTOGRAPHY Historic Barn Photo Rec'd 08/23/19 50.00 01 General Fund WW GRAINGER, INC 220/ Batteries (4), Tarps for incidents (4)108.56 01 General Fund WW GRAINGER, INC 220/ Red/ black flagging tape 10.14 Total 01 General Fund 146,573.62 07 Impact Fund CORE & MAIN LP filter screen for Discovery Park strainer - qty 1 325.44 07 Impact Fund MATERIALS TESTING & INSPECTION 220/Station 6, Services for 8-4 to 8-17 542.85 Date: 8/29/19 12:36:57 PM Page: 7Meridian City Council Meeting Agenda September 3, 2019 – Page 207 of 245 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 07 Impact Fund RICE FERGUS MILLER INC 18-0501,19-0339, 220/St. 6 Prof Serv thru 7-31-19, St. 6 10,102.44 07 Impact Fund SILVER CREEK SUPPLY credit on solenoids for Discovery Park - qty 5 (121.80) 07 Impact Fund SILVER CREEK SUPPLY Discovery Park splash pad solenoids - qty 6 146.15 07 Impact Fund SOUTHERN IDAHO ELECTRIC auto door locks for Discovery Park restrooms 1,362.15 07 Impact Fund THE LAND GROUP, INC.19-0055 A&E services-Discovery Park Maint Shop 6/1-7/31/19 8,506.30 07 Impact Fund TRADEMARK SIGN CO, LLC bike racks for Discovery Park - qty 2 1,412.75 Total 07 Impact Fund 22,276.28 55 Capital Projects STEPHANIE INMAN-TSOURMAS 19-0289 Discovery Park art signage pay #2 25,400.25 Total 55 Capital Projects 25,400.25 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS Name Plates & Holders for New Employees, Qty 4 48.00 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 19-0231 SCADA after hours call out (15.6 hrs)1,840.00 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC HVAC filters (54 qty)265.20 60 Enterprise Fund ANDREW WOOD Refund: WT/S/T, 2444 E Green Canyon Dr Overpaid after closin 60.37 60 Enterprise Fund BACKFLOW SUPPLY Backflow Preventer Reduced Pressure Assembly, Qty 2 559.48 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 19-0007; FY 19 Bills 08/20 DelNot 08/13 16,276.51 60 Enterprise Fund BRAD STANDLEY Per Diem, B Standley, PWX PW Expo, Seattle 9/8-9/11/19 266.00 60 Enterprise Fund BRIAN KERR Per Diem:B.Kerr,PWX Conf,SeattleWA,09/08/19-09/11/19 266.00 60 Enterprise Fund BRIGHTON PROPERTIES, LLC Refund:Surety-2017-0122 Paramount Sub No 33 4,838.70 60 Enterprise Fund CATAMOUNT PROPERTIES 2019 LLC REFUND: WT/S/T 2714 W TEANO DR TITLE COMPANY OVERPAID 110.53 60 Enterprise Fund CHARLES AND ALTHEA DAVIS REFUND: WT/S/T 2918 N FAIRGLEN AVE CUSTOMER OVERPAID 96.15 Date: 8/29/19 12:36:57 PM Page: 8Meridian City Council Meeting Agenda September 3, 2019 – Page 208 of 245 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 COMMERCIAL TIRE New Tires, Install Mount & Balance, C13732, Qty8, WO#266401 584.08 60 Enterprise Fund CORE & MAIN LP Brass Bushings, Brass Nipple, Qty 35 109.80 60 Enterprise Fund CORE & MAIN LP Inverted Paint Wand, Brass Bushing, Qty 5 90.19 60 Enterprise Fund CRESTLINE SPECIALTIES CO., INC.Sunglasses for public outreach (150 qty)317.52 60 Enterprise Fund DAN BERTHE Per Diem, D Berthe, PWX PW Expo, Seattle, 9/8 - 9/11/19 266.00 60 Enterprise Fund DANIEL DAVIDSON REFUND: WT/S/T 1921 S ICE BEAR WAY TITLEL COMPANY OVERPAID 40.27 60 Enterprise Fund DAVE GASSEL Per Diem:D.Gassel, PNCWA 2019, Portland, OR 231.00 60 Enterprise Fund DAVID SPERLING REFUND: WT/S/T 2246 W JAYTON DR, PAID AFTER CLOSING 69.38 60 Enterprise Fund EWING CO., INC.Refund:Surety-2017-0119 Heron Ridge Estates No.2 4,008.60 60 Enterprise Fund FASTENAL COMPANY Clips (9 qty)5.25 60 Enterprise Fund FASTENAL COMPANY Pumice Hand Cleaner, Qty 2 48.19 60 Enterprise Fund FASTENAL COMPANY Root saw hex cap screws (50 qty)7.85 60 Enterprise Fund FERGUSON ENTERPRISES INC.6in, 8in Flange Pack, Flange Reducer, Qty 3 219.95 60 Enterprise Fund FERGUSON ENTERPRISES INC.Bushing for line air relief valve (L6-1) 1 qty 34.66 60 Enterprise Fund FERGUSON ENTERPRISES INC.Curb Key, Gate Valve Key, Manhole Hook, Qty 3 145.40 60 Enterprise Fund FERGUSON ENTERPRISES INC.Manhole Cover & Ring, Qty 3 427.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.PO#19-0368, 3/4in,1.5in,2, & 4in Meters, Qty 641 169,134.02 60 Enterprise Fund FISHER SCIENTIFIC pH 8, pH 4, pH7 & pH 10 buffers plus air filter for BOD (33 459.90 60 Enterprise Fund GIESLER AUTO REPAIR Filter & Oil Change, C13732, WO#266518 68.22 60 Enterprise Fund GLASS DOCTOR Rock Chip Repair For P. Cotten Truck C19160 65.00 Date: 8/29/19 12:36:57 PM Page: 9Meridian City Council Meeting Agenda September 3, 2019 – Page 209 of 245 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 HACH COMPANY Gelex standard set, turbitity calibration kit (3 qty)582.62 60 Enterprise Fund HARBOR FREIGHT TOOLS Magnet Pickup Tool w/ Quick Release, Qty 2 19.98 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Concrete screws to mount lockers (1 pkg)20.98 60 Enterprise Fund HOMERIVER GROUP REFUND: WT/S/T 87 E KING ST OWNER AND RENTER PAID FINAL BILL 26.54 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards, Z. Hatfield, N. Tambornini, B. Kerr, Qty 3 138.75 60 Enterprise Fund IDAHO TOOL & EQUIPMENT Pry Bar, Screwdriver Set,Cresent & Pipe Wrnch,Hammer,Qty 11 357.85 60 Enterprise Fund INTERMOUNTAIN GAS 0981623008 August 2019 1,231.38 60 Enterprise Fund J TROY & MARTHA BERGSTRAND REFUND: WT/S/T 569 E HERITAGE PARK ST CUSTOMER PAID AFTER CL 58.24 60 Enterprise Fund JASON RICKS REFUND: WT/S/T 2051 NW 8TH AVE TITLE COMPANY OVERPAID 37.26 60 Enterprise Fund JERROD SMITH JR REFUND: WT/S/T 1243 W WALTMAN DR CUSTOMER PAID AFTER CLOSING 121.20 60 Enterprise Fund JOHN MORTZ REFUND: WT/S/T 3486 W ANGELICA DR TITLE COMPANY OVERPAID 113.39 60 Enterprise Fund JOSHUA AND KATHLEEN LEGG REFUND: WT/S/T 1401 W WALTMAN DR CUSTOMER PAID AFTER CLOSING 40.96 60 Enterprise Fund JUB ENGINEERS 19-0386 19-0320 On-Call Master Planning & Mod hru 6/29/19 7,581.00 60 Enterprise Fund KENDALL FORD OF MERIDIAN CREDIT MEMO TAX ON INV.R1CS287150 (33.15) 60 Enterprise Fund KENDALL FORD OF MERIDIAN Oil change on CCTV Van 1 C16415 234.35 60 Enterprise Fund LAWN CO MAINTENANCE PO#19-0221, Lawn Care Maint for Well Sites, Svc 8/1/19 2,364.56 60 Enterprise Fund LES SCHWAB TIRE CENTER Battery & Install, C18964, WO#266797 162.97 60 Enterprise Fund LES SCHWAB TIRE CENTER Thrust angle alignment on CCTV Van 2 C19267 89.99 60 Enterprise Fund LETICIA SHINDELAR REFUND: WT/S/T 512 W VALENTINO ST TITLE COMPANY OVERPAID 117.57 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365 WRRF Headworks Upgrades w/Ordor Control Thru 8/3/19 1,129.90 Date: 8/29/19 12:36:57 PM Page: 10Meridian City Council Meeting Agenda September 3, 2019 – Page 210 of 245 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 MATERIALS TESTING & INSPECTION 17-0365 WRRF Headworks Upgrades with Odor Cntrl Thru 7/6/19 453.60 60 Enterprise Fund METROQUIP, INC.Tube holder (1 qty)209.00 60 Enterprise Fund MICHAEL AND JANICE MCLAUGHLIN REFUND: WT/S/T 2097 W FIELDSTREAM DR CUSTOMER PAID AFTER CLO 243.28 60 Enterprise Fund MISSION COAST PROPERTIES ID INC Refund Surety-2017-0086 Reflection Ridge Sub No 6 26,242.86 60 Enterprise Fund MODERN PRINTERS Invoice Labels, Qty 1000 55.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 19-0246 WRRF DAFT Cap & Opt Study thru 7/19/19 4,790.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 19-0246 WWRF DAFT Cap & Opt Study thru 6/21/19 450.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC PO#18-0530, Optimal Corrosion Control Treatment 3,060.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Chain hoist (2 qty)525.76 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Dumping hopper for grit dumpster room (1 qty)1,989.07 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Hose for headworks roof (2 qty)98.02 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Lockers for Collections bldg (8 qty)2,697.60 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Long Handle Round Point Shovels, Qty 4 136.00 60 Enterprise Fund MURRAY JONES Per Diem, M Jones, PWX PW Expo, Seattle, 9/8 - 9/11/19 266.00 60 Enterprise Fund MYFLEETCENTER.COM Oil & Filter Change, C15079, WO#265383 35.99 60 Enterprise Fund MYFLEETCENTER.COM Oil Change for T. Hyslop Truck C18780 35.99 60 Enterprise Fund MYFLEETCENTER.COM Oil change on Collections truck C14936 35.99 60 Enterprise Fund MYFLEETCENTER.COM Oil change, air filter for M. Jones Truck C19841 76.78 60 Enterprise Fund NAPA AUTO PARTS Batteries and Windshield Washer Fluid 60.48 60 Enterprise Fund NATHAN GOOD REFUND: WT/S/T 1951 N CHANDRA AVE CUST AND TITLE CO. PAID FI 50.11 Date: 8/29/19 12:36:57 PM Page: 11Meridian City Council Meeting Agenda September 3, 2019 – Page 211 of 245 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 OFFICE DEPOT, INC.Fastener bases 2.75 in 9.99 60 Enterprise Fund OFFICE DEPOT, INC.Hanging Folders, Toner, Label Tape, Print Cartridge 191.93 60 Enterprise Fund OFFICE DEPOT, INC.Pen Refills Qty. 2-2pks 3.72 60 Enterprise Fund OFFICE DEPOT, INC.Two boxes of manilla folders, 1 box paper 56.03 60 Enterprise Fund OFFICE TEAM Contract labor for PW Receptionist Position 320.17 60 Enterprise Fund OFFICE VALUE - MERIDIAN Card Holder, Soap, Qty 3 18.53 60 Enterprise Fund OPEN DOOR RENTALS LLC.REFUND: WT/S/T 3319 N ELMSTONE AVE CUSTOMER PAID AFTER CLOSI 34.85 60 Enterprise Fund OVERHEAD CRANE INTEGRATION AND ENGINEERING LLC Lift hoists w/push trolleys & wall mount jib cranes (4 qty) 4,445.00 60 Enterprise Fund OXARC, INC.PO#19-0388, Sodium Hypo, Wells 19, 27, Qty 1460gl 2,424.80 60 Enterprise Fund OXARC, INC.PO#19-0388, Sodium Hypo, Wells 19,27,22, Qty 2139gl 3,531.57 60 Enterprise Fund OXARC, INC.PO#19-0388, Sodium Hypo, Wells 20,19,27, Qty 595gl 1,014.85 60 Enterprise Fund OXARC, INC.PO#19-0388, Sodium Hypo, Wells 21,22,19,27,20,29, Qty 3660gl 6,010.80 60 Enterprise Fund OXARC, INC.PO#19-0388, Sodium Hypo, Wells 22,27,19,14, Qty 3445gl 5,660.35 60 Enterprise Fund OXARC, INC.PO#19-0388, Sodium Hypo, Wells 26,20A,11,16,25,30,14,21,22 5,733.70 60 Enterprise Fund OXARC, INC.PO#19-0388, Sodium Hypo, Wells 28,14,16,19,27,22,Qty2405gl 3,965.15 60 Enterprise Fund PACIFIC BACKFLOW LLC 19-0071, Backflow Testing on City Properties, Qty 10 805.00 60 Enterprise Fund PARAMOUNT SUPPLY CO.Asco solenoid valve (2 qty)215.01 60 Enterprise Fund PATRICIA OLLINGER REFUND: WT/S/T 1897 W TUMBLE CREEK DR TITLE COMPANY OVERPAID 68.00 60 Enterprise Fund PAUL AND DAWN GOLDMAN REFUND: WT/S/T 2587 N OLD STONE WAY TITLE COMPANY OVERPAID 264.25 60 Enterprise Fund PLATT ELECTRIC SUPPLY Close-up plugs (6 qty)19.86 Date: 8/29/19 12:36:57 PM Page: 12Meridian City Council Meeting Agenda September 3, 2019 – Page 212 of 245 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 PLATT ELECTRIC SUPPLY Conduit nipple, close-up plug & cable (14 qty)84.46 60 Enterprise Fund PLATT ELECTRIC SUPPLY Electronic super knips (1 qty)39.41 60 Enterprise Fund PLATT ELECTRIC SUPPLY Gray touch-up paint for N. Black Cat lift station (1 qty)69.45 60 Enterprise Fund PLATT ELECTRIC SUPPLY LED flashing beacon (1 qty)184.62 60 Enterprise Fund PLATT ELECTRIC SUPPLY Parts to install audible/visual devices (12 qty)197.56 60 Enterprise Fund PLATT ELECTRIC SUPPLY Parts to upsize overloads & fuses for 5hp pumps (8 qty)193.40 60 Enterprise Fund PLATT ELECTRIC SUPPLY Silicon sealant, hand towels, & insulated screwdriver (3 qty 54.86 60 Enterprise Fund POLYDYNE INC 19-0009 Polymer (34,500 lbs)41,779.50 60 Enterprise Fund POSTNET Backflow Past Due Letters, Batch 1042, Qty 226 88.55 60 Enterprise Fund RIVERSIDE TRAILERS Repair Angle Brackets to Utility Trailer, A13767, Qty 4 120.00 60 Enterprise Fund ROCKY MOUNTAIN COLLISION Emissions test for CCTV Van 1 C16415 9.98 60 Enterprise Fund RODNEY AND TAMARA SHAUL REFUND: WT/S/T 116 E PINE AVE, TITLE COMPANY OVERPAID 55.77 60 Enterprise Fund RONALD AND SOYLA RICE REFUND: WT/S/T 438 E HAVASU FALLS ST CUSTOME PAID AFTER CLOS 80.00 60 Enterprise Fund RUSH TRUCK CENTERS Labor & parts to repair coolant leak on camel hydrocleaner 535.50 60 Enterprise Fund SILVER CREEK SUPPLY Sprinkler parts (2 qty)1.00 60 Enterprise Fund SKY MESA EAST LLC REFUND: WT/S/T, 5327 S MONTAGUE WAY, PAID AFTER CLOSING 30.73 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Shirts for JBarnes (8 qty)131.40 60 Enterprise Fund SUSAN SPRINGENBERG REFUND: WT/S/T 2833 W STLLION ST CUSTOMER PAID AFTER CLOSING 73.27 60 Enterprise Fund SYNCB/AMAZON 445935534947; Two-way radios (2 pkgs of 6)129.98 60 Enterprise Fund SYNCB/AMAZON 535486794674 Wall Shelf, Glass Dry Erase Board, Qty 2 132.98 Date: 8/29/19 12:36:57 PM Page: 13Meridian City Council Meeting Agenda September 3, 2019 – Page 213 of 245 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 657349765437; Power relay (1 qty)16.35 60 Enterprise Fund SYNCB/AMAZON 845579435484 Kraft tubes for record retention storage 68.17 60 Enterprise Fund SYNCB/AMAZON Refund for Returned Car DC Adapters, Inv#4166655, Qty 1 (29.98) 60 Enterprise Fund SYNCB/AMAZON Refund for Returned Glass Dry Erase Board, Inv#9405865, Qty1 (43.99) 60 Enterprise Fund T-ZERS SHIRT SHOP Logo embroidery on JBarnes & MLeaf's hi-vis shirts (16 qty) 96.00 60 Enterprise Fund TARIN FITZPATRICK REFUND: WT/S/T 552 N KEAGAN WAY TITLE COMPANY OVERPAID 95.18 60 Enterprise Fund TRISH ZARMEZ Per Diem:T.Zarmez, PacNWPreTX Workshop,Vanouver,WA 231.00 60 Enterprise Fund TROY THRALL Per Diem:T.Thrall,PNCWA,Portland,OR,09/08/19-09/11/19 231.00 60 Enterprise Fund USA BLUEBOOK Free/Total Ammonia & MonoChloramine Chemkey, Qty 1 192.99 60 Enterprise Fund USA BLUEBOOK Hac Orthophosphate Chemkey, Qty 2 72.90 60 Enterprise Fund VALLEY CUSTOM TRACTOR SERVICES Mow Acreage on Ustick & Ten Mile Treatment Site 500.00 60 Enterprise Fund VARSITY FACILITY SERVICES 19-0054 Jantiorial Services City Buildings Thru 7/30/19 1,749.47 60 Enterprise Fund VICTORY GREENS Brown Deco Rock Landscape for Repair, Qty 2, WO#266162 89.90 60 Enterprise Fund VICTORY GREENS Landscape rock 46.95 60 Enterprise Fund VICTORY GREENS Sod for plant entrance (500 qty)145.00 60 Enterprise Fund VICTORY GREENS Top soil 21.95 60 Enterprise Fund VICTORY GREENS Top soil for new sod 21.95 60 Enterprise Fund VIRGINIA MEYER REFUND: WT/S/T 230 W CAMELLIA AVE CUSTOMER PAID AFTER CLOSIN 28.84 60 Enterprise Fund WARREN STEWART Per Diem, W Stewart, PWX PW Expo, Seattle, 9/8-9/11/19 266.00 Date: 8/29/19 12:36:57 PM Page: 14Meridian City Council Meeting Agenda September 3, 2019 – Page 214 of 245 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 60 Enterprise Fund 339,452.75 Report Total 533,702.90 Date: 8/29/19 12:36:57 PM Page: 15Meridian City Council Meeting Agenda September 3, 2019 – Page 215 of 245 EIDIANn-- � J CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 4 Item Title: Items Moved From Consent Agenda Meeting Notes: CjP/rE IDIIZDAHO AN; CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 5 A Item Title: Meridian Dairy Board: 2019 Meridian Diary Days Recap Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: Estimated Time f or P resentation: 15 Title of I tem - M eridian Dairy Board: 2019 M eridian Dairy D ays Recap Meridian City Council Meeting Agenda September 3, 2019 – Page 216 of 245 CjQ/rEDAHO IDIZ IANC -- CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 6 A Item Title: Public Works Week Update to Council Meeting Notes: 2019 Public Works Week June 8 –14, 2019 Theme: •Public Works Week Committee •Dean Stacey Poop Scoot Chair •Troy Thrall Poop Scoot Co-Chair •Gina Harris Tour Chair •Connie Moon Tour Co-Chair •Dinae Kerr Expo Chair •Kristina Keith Expo Co-Chair •Alex Erickson Golf Chair, Sponsorships/Prizes •Joel Rodriguez Golf Co-Chair •Shandy Lam Marketing •Susie Deardorff Committee Chair Poop Scoot 20+ Volunteers 111 Participants + $16 for 77 lbs of Food “…appreciate donating to the food bank as an entry fee!” “We look forward to this fun run as a family every year. It kicks off our summer!” “Just love the new route.” Go with the Flow Tour “So much good info for the average citizen” Most interesting part: “Seeing the dedicated employees!” 83 Participants 4 Stops ~3 Hours 2 Buses Expo How did you hear about it?: “History –10 years coming” “Gets better each year!” 95° It was HOT! 20 Raffle Prizes 680 Hot Dogs 35 Booths/ Exhibits Lots of happy people! 500 Bags of Popcorn PWW Video Sponsorship 1,000+ Happy People 27 Participants 22 Prize Donors 10 Major Sponsors Thank You, Sponsors! •Parks’ Department Care to Share scholarship program •$500 •SWAC Community Recycling Fund •$500 •Meridian Food Bank •$1994.03 Community Support Thank you for your support! Questions? I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: S usie Deardorff Estimated Time f or P resentation: 10 mins Title of I tem - Public Works Week Update to C ouncil A review of P ublic Works Week activities, a check presentation to Meridian F ood Bank, and a plaque presentation f or our largest sponsor. Meridian City Council Meeting Agenda September 3, 2019 – Page 217 of 245 �j�E IDIZ IANC-- �J CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 6 B Item Title: Benefits Trust Agreement Discussion Meeting Notes: Q-e5ukz"-- I TEM SHEET C ouncil Agenda I tem - 6.B . Presenter: Bill Nary Alex F rietag Eric S trolberg Christena Barney Es timated Time for P res entation: 10 minutes Title of Item - B enefits Trust Agreement Discussion Disc ussion regard ing Benefits Trus t Bylaws and Agreement AT TAC HM E NT S: Description Type Upload D ate Trust B ylaws Cover Memo 8/30/2019 Trust Agreement Cover Memo 8/30/2019 Meridian City Council Meeting Agenda September 3, 2019 – Page 218 of 245 CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST BYLAWS Meridian City Council Meeting Agenda September 3, 2019 – Page 219 of 245 i TABLE OF CONTENTS ESTABLISHMENT AND PURPOSES OF THE TRUST .............................................1 AUTHORIZATION ................................................................................................................................... 1 PURPOSES OF TRUST ............................................................................................................................. 1 TRUST MEMBERSHIP ...................................................................................................1 TRUSTEE POSITIONS ............................................................................................................................. 1 RESIGNATION ......................................................................................................................................... 1 REMOVAL ................................................................................................................................................ 2 SUCCESSOR TRUSTEE ........................................................................................................................... 2 POWERS OF SUCCESSOR TRUSTEE .................................................................................................... 2 SUBCOMMITTEES .................................................................................................................................. 2 COMPENSATION OF TRUSTEE ............................................................................................................ 2 TRUSTEE LIABILITY .............................................................................................................................. 2 TRUSTEE RESPONSIBILITIES ....................................................................................3 TRUSTEE RESPONSIBILITIES ............................................................................................................... 3 TRUSTEE CLAIMS .................................................................................................................................. 3 COLLECTION ........................................................................................................................................... 3 EXPENSES, RESERVES, AND TAXES .................................................................................................. 3 INVESTMENTS ........................................................................................................................................ 4 TRUST POWERS ...................................................................................................................................... 4 INTERPRETATION OF TRUST AGREEMENT ..................................................................................... 4 BOOKS AND RECORDS.......................................................................................................................... 4 TRUST AUTHORIZATION ...................................................................................................................... 5 TRUST OFFICERS ...........................................................................................................5 CHAIR AND VICE-CHAIR ELECTIONS ............................................................................................... 5 CHAIR RESPONSIBILITIES .................................................................................................................... 5 VICE-CHAIR RESPONSIBILITIES ......................................................................................................... 6 CHAIR AND VICE-CHAIR TERMS ........................................................................................................ 6 MEETINGS ........................................................................................................................6 REGULAR AND SPECIAL MEETINGS ................................................................................................. 6 MEETING DATES .................................................................................................................................... 6 TRUSTEE MEETING LOCATION .......................................................................................................... 7 EXECUTIVE SESSIONS .......................................................................................................................... 7 AGENDA PREPARATION AND FORMAT .................................................................7 AGENDA PREPARATION ....................................................................................................................... 7 AGENDA FORMAT .................................................................................................................................. 7 ORDERLY CONDUCT OF MEETINGS .................................................................................................. 8 QUORUM .................................................................................................................................................. 8 VOTING ..................................................................................................................................................... 8 RULES OF ORDER ................................................................................................................................... 8 MINUTES .................................................................................................................................................. 9 PUBLIC PARTICIPATION AT TRUST MEETINGS .............................................................................. 9 ROLES AND RESPONSIBILITIES ..............................................................................10 MAYOR AND CITY COUNCIL ..............................................................................................................10 EMPLOYEE UNIONS ..............................................................................................................................10 CITY EMPLOYEES .................................................................................................................................11 ADMINISTRATIVE SUPPORT...............................................................................................................11 OUTSIDE CONSULTANTS ....................................................................................................................11 AMENDING BY-LAWS .................................................................................................12 EXHIBIT A.......................................................................................................................13 Meridian City Council Meeting Agenda September 3, 2019 – Page 220 of 245 1 1. ESTABLISHMENT AND PURPOSES OF THE TRUST 1.1 AUTHORIZATION. The City of Meridian adopted Resolution #_________ on __________, creating a City of Meridian Employee Benefits Plan Trust and approving the City of Meridian Employee Benefits Plan Trust Agreement (“Trust Agreement”), attached hereto as Exhibit A. The defined terms contained in these Bylaws have the same meaning as those same defined terms in the Trust Agreement. These Bylaws are created pursuant to section 3.17 of the Trust Agreement, which authorizes the Trustees to “promulgate such rules and regulations as may, in their discretion, be proper and necessary for the sound and efficient administration of the Trust.” The effective date of the Trust is January 1, 2020. 1.2 PURPOSES OF TRUST. The City of Meridian established a Benefits Plan (“Plan”) to provide for the payment of Eligible Expenses incurred by Plan Participants for certain services. The purposes of the Trust are: a. to receive, in advance, all contributions to the Plan, b. to hold, manage, invest and reinvest the Trust property and all income from the property, in accordance with the terms of this Trust, and c. to make distributions from the Trust Fund in such amounts and to such person or persons as the Plan Administrator shall direct to provide for the payment of (i) Covered Medical Expenses, (ii) Covered Dental Expenses, (iii) Covered Pharmacy Expenses (iv) Covered Vision Expenses incurred by Plan Participants. d. to be responsible for the Trust’s long-term financial stability; to make decisions within the confines of the budgeted funds, the law, and governing rules regarding such things as plan design, who are covered individuals, PEHP plan offerings, Wellness programs, and other health related programs. 2. TRUST MEMBERSHIP 2.1 TRUSTEE POSITIONS. The Health Insurance Trust is comprised of three to five voting members, primarily, but not limited to, Benefits Committee personnel. 2.2 TERM. All Trustees will serve until the Trustee’s death, incapacity, resignation, removal, or separation from City employment, whichever comes first. 2.3 RESIGNATION. A Trustee may resign from all further duty or responsibility upon giving (30) thirty days notice in writing to the Mayor and Chair or Vice-Chair or such shorter notice as the Mayor may accept as sufficient. The notice shall state a date when the Trustee’s resignation shall take effect. The resignation shall take effect on the date specified in the notice unless a successor Trustee shall have been Meridian City Council Meeting Agenda September 3, 2019 – Page 221 of 245 2 appointed at an earlier date, in which event the resignation shall take effect immediately upon the appointment of the successor Trustee. (Trust Agreement 3.5). 2.4 REMOVAL. A Trustee may be removed from office at any time by a majority vote of the City Council, notice of which shall be sent by registered or certified mail and which shall state a date when the removal shall take effect. (Trust Agreement 3.6). 2.5 SUCCESSOR TRUSTEE. In the event a Trustee is no longer able to act under the terms of this Trust Agreement, resigns, is removed or comes to the end of their term, a successor Trustee shall be appointed by the City Council. The Mayor, by signed written notice, shall transmit such appointments to the City Council for approval. Until the appointment of the successor Trustee, the remaining Trustees by majority vote shall have full power to act. 2.6 POWERS OF SUCCESSOR TRUSTEE. A successor Trustee shall become vested with all the property, rights, powers, and duties of a Trustee upon (i) appointment as a successor Trustee, and (ii) acceptance by such successor Trustee of the trusteesh ip in a writing filed with the Trustees. (Trust Agreement 3.9). 2.7 SUBCOMMITTEES. The Trust may determine that a subcommittee or subcommittees are necessary to effectively conduct the business of the Trust. The subcommittees shall be organized on an as needed basis and may be temporary or permanent. The role of the subcommittee is to study, review, and make recommendations to the full Trust concerning policy, issues, or situations before the Trust. 2.8 COMPENSATION OF TRUSTEES. The Trustees shall serve without compensation from the Trust for services rendered in such capacity, but all reasonable expenses specifically incurred in the performance of the Trustee’s duties pursuant to this Plan shall be paid out of Trust Funds. Trustees are governed by fiduciary duties as imposed by State law and any applicable Federal law while incurring expenses associated with their performance as Trustees pursuant to this Plan. 2.9 TRUSTEE LIABILITY. To the extent permitted by law, neither the Trustee nor any other person shall incur any personal liability for any acts or for failure to act within the scope and course of their duties as Trustees except for willful misconduct or willful breach of this Plan. Meridian City Council Meeting Agenda September 3, 2019 – Page 222 of 245 3 3. TRUSTEE RESPONSIBILITIES 3.1 TRUSTEE RESPONSIBILITIES. The Trustees (i) accept the trusteeship, and (ii) declare that they will receive and hold the Fund assets as Trustees under the Trust Agreement for the uses, purposes, and trusts set forth in the Trust Agreement. 3.2 VALIDITY OF CLAIMS. The Trustees, or any person or persons designated by them, may (i) pass upon the validity of claims for Benefits under the Plan, and (ii) in payment of valid claims in the amounts approved, authorize payments upon the Fund. The Trustees shall not be considered the agents of the Plan Administrator. 3.3 COLLECTION. The Trustees shall (i) require all Employer and Employee Contributions to be paid in advance and that they are deposited and disbursed from a Trust Fund(s) duly established under the irrevocable Trust Agreement; (ii) make any necessary refund or adjustments, and (iii) maintain such monies in a Trust Account in the Trust Fund’s name. In order to carry out the purposes of this Trust, the Trustees (i) shall specify the exact time and manner in which the payment of Contributions to the Fund are to be made, and (ii) shall be required to notify the contributing Employers and Employees in writing of these requirements. 3.4 EXPENSES, RESERVES, AND TAXES The Trustees shall: a. pay or provide for (i) the payment of all reasonable and necessary expenses of collecting the Employer and Employee Contributions and administering the affairs of the Trust and Fund, including all expenses which may be incurred in connection with the establishment of the Trust and Fund, (ii) the employment of administrative, legal, expert and clerical assistance, and (iii) the leasing of premises and the purchase or lease of the materials, supplies and equipment which the Trustees, in their discretion, find necessary or appropriate in the performance of their duties; b. establish the following reserves: (i) a reserve in amount as certified by a member of the American Academy of Actuaries as being necessary for payment of all claims against the trust fund for benefits, including both claims reported and not yet paid and claims incurred but not yet reported; (ii) if, under the Plan, periodic contributions to the Trust Fund have been paid in advance or are payable less frequently than monthly, there shall be a reserve for unearned contributions as computed pro rata on the basis of the unexpired portion of the period for which the contribution has been paid, and (iii) if future claims payments plus future costs of operation are greater than future contributions plus current reserves, there shall be a reserve in an amount equal to future claims payments plus future costs of operation, less future contributions, less current reserves; c. pay any federal, state or local tax which may be properly levied against the Fund or Benefits paid; d. establish and maintain in its Trust Fund surplus equal to at least (i) the equivalence of three (3) months of contributions for the current year plan; or, (ii) one Meridian City Council Meeting Agenda September 3, 2019 – Page 223 of 245 4 hundred ten percent (110%) of the difference between the total dollar aggregate stop -loss attachment point plus costs of operation and the total dollar expected contributions for the current plan year. Up to one-third of the surplus required by this Section 2.5(d) may be funded by a clean, irrevocable letter of credit, in a form acceptable to the Director of the Idaho Department of Insurance, issued in favor of the trust fund by a federally or state - chartered bank having a branch office in Idaho. Such irrevocable letter of credit cannot be guaranteed by pledge of any of the plan assets. The funding cannot be in the form of prepaid contributions or other loan or associated with an offsetting liability. 3.5 INVESTMENTS. All funds and assets received by the Trustees in accordance with this Trust Agreement shall be Trust Funds and shall be deposited by the Trustees in bank or banks that the Trustees designate for that purpose. All withdrawals, drafts, or checks of Trust Funds from such bank or banks shall be effective only upon the signature or countersignature of duly authorized Trustees. The Trustees may invest and reinvest any part of the Trust Fund not required for current expenditures; provided however, such investments shall be made and held in the name of the Trust Fund, and the interest and yield thereon shall inure to the account of the Trust Fund. No investment shall be made unless authorized in writing by the Trustee and so shown in the records of the Trust Fund. All investments shall be made in accordance with Idaho Code §41-4009. 3.6 TRUST POWERS. The Trustee has all powers provided by the Idaho Uniform Trustee’s Powers Act, as amended, and any other statute or rule of law. In addition, the Trustees may exercise all rights or privileges granted to them by provisions of the Plan and may agree to any alteration, modification or amendment of the Plan. The Trustees will notify the City Council of any and all alterations, modifications or amendment to the Plan. Persons dealing with the Trustees shall not be required to inquire into the authority of the Trustees with regard to any dealings in connection with the Plan. 3.7 INTERPRETATION OF TRUST AGREEMENT. The Trustees shall have the power to construe the provisions of the Trust Agreement. Any construction adopted by the Trustees in good faith consistent with the provisions of the Plan shall be binding upon the Employees, the Employer, the Plan Administrator and all others claiming by or through any of them by assignment, bequest or otherwise. 3.8 BOOKS AND RECORDS. The Trustees shall cause full and accurate records and accounts to be entered and maintained during all times of the existence of the Trust covering all financial transactions and affairs of the Trust Fund. Any audit of the Plan or Trust shall be completed independently of any other entity. Within ninety (90) days after close of a fiscal year of the Plan, the Trustee shall prepare an annual statement in writing summarizing the financial transactions of the Trust Fund for such fiscal year and the financial condition of the Trust at the end of such year in accordance with the requirements I.C. §§ 41-401, et al, and with generally accepted accounting principles. The statement shall be in a form acceptable to the Director of the Idaho Department of Insurance and include such information as prescribed by the Director. The financial information included therein shall be certified by the accountant who audited such information. The Trustee shall promptly deliver a copy of the statement to Employer and keep a copy thereof on file in Meridian City Council Meeting Agenda September 3, 2019 – Page 224 of 245 5 the business office from which the Plan is operated. Such statement shall be available for review by any Beneficiary at all reasonable times for a period of not less than three (3) years from the date of the statement. If the plan is managed by a third-party administrator, such statement shall be available at the administrative offices of the Employer. The Plan's annual statement shall be accompanied by the certified actuarial opinion described in I.C. § 41-4010. Such annual statement shall be prepared in accordance with actuarial standard of practice no. 28. The Plan shall require that the qualified actuary retain the actuarial work papers until the Department of Insurance has filed an examination report of the Plan covering the period of the actuarial opinion but no longer than seven (7) years from the date of such opinion. On or before expiration of such ninety (90) day period the Trustee shall file an original of the annual statement and certified actuarial opinion with the Director in a form prescribed by the Director. The Trustee shall pay a filing fee as necessary. The Trustee shall also file quarterly supplemental unaudited financial reports and other periodic supplemental unaudited financial reports in a form and at the times prescribed by the Director. 3.9 TRUST AUTHORIZATION. Any instrument in writing made by formal action of the Trustees, the Fund and the Trustees shall be bound by the signature of any two authorized Trustees. All persons, partnerships, corporations, associations, and the Plan Administrator may rely on the signature of the Trustees as duly authorizing the instrument in accordance with the Trust Agreement. 4. TRUST OFFICERS 4.1 CHAIR AND VICE-CHAIR ELECTIONS. The Trustees establish the positions of Chair and Vice-Chair. The Chair and Vice-Chair shall be elected by a majority vote of the Trustees. The Chair and Vice-Chair shall be elected at the first regular Trust meeting of the applicable year and shall assume the responsibilities of their positions at the meeting in which they are elected. 4.2 CHAIR RESPONSIBILITIES. The Chair is responsible for the following duties: a. Set the agenda for the quarterly trustee meetings. b. Preside over the monthly or scheduled trustee meetings. c. Announce the business before the trustees in the order in which it is to be acted upon. d. State and put to vote all questions which are regularly moved or necessarily arise in the course of proceedings and to announce the result of the vote. e. Enforce on all occasions the observance of order and decorum among the trustees. f. Decide all questions of order (subject to appeal to the committee by any two members) and to inform the trustees when necessary, or when referred to for the purpose, on a point of order or practice. Meridian City Council Meeting Agenda September 3, 2019 – Page 225 of 245 6 g. Authenticate, by signature, when necessary, all the acts, orders, and proceedings of the Trust and in general to represent and stand for the Trust declaring its will in all things obeying its commands. h. Ensure effective operation of the Trust and its committees in conformity with the highest standards of governance. i. Ensure effective communication with stakeholders, which include City Council, Mayor and employees, as well as other relevant constituencies and that the views of these groups are understood by the Trust. This includes presenting information to Council and other groups as needed. j. Set the agenda, style and tone of Trust discussions to promote constructive debate and effective decision making. k. Ensure all sub-committees are properly established, composed and operated. l. Prepare an annual report for the City Council. 4.3 VICE-CHAIR RESPONSIBILITIES. The Vice-Chair will perform the Chair’s responsibilities at the Chair’s request or absence. 4.4 CHAIR AND VICE-CHAIR TERMS. The Chair and Vice-Chair will serve two-year terms and will be selected by majority vote of the Trustees. The Chair and Vice- Chair can be removed from their respective positions by majority vote of the Trustees. Trustees can be appointed consecutively to an Officer position. 5. MEETINGS 5.1 REGULAR AND SPECIAL MEETINGS. The Trustees shall transact all business at official meetings of the Trustees. These may be either regular or special meetings, defined as follows: a. Regular Meeting – A regular Trustee meeting is the usual, official legal- action meeting, scheduled and held regularly. b. Special Meeting – A special Trustee meeting is an official legal-action meeting called between regular meetings to consider specifically identified topics. Every Trust meeting shall be open to the public except as provided for by Idaho law and shall be called to order by the Chair, or in the Chair’s absence, by the Vice-Chair. Trust meetings shall be posted in accordance with Idaho law. 5.2 MEETING DATES a. Regular Meetings. There shall be a regular meeting of the Trustees held on a quarterly basis. A regular meeting may be rescheduled or canceled by agreement of a majority of Trustees. b. Special Meetings. Any one Trustees may call a special meeting of the Trustees at any time, in person, by telephone or by e-mail, by giving at least forty-eight Meridian City Council Meeting Agenda September 3, 2019 – Page 226 of 245 7 (48) hours written or e-mailed notice of the time and place of the meeting to the remaining Trustees. The Trustees may conduct ministerial and administrative duties by voting via e- mail, without notice, but a record of such action must be made and stored, pursuant to applicable law. 5.3 TRUSTEE MEETING LOCATION The regular Trustee meeting will be held at Meridian City Hall or in another designated location. 5.4 EXECUTIVE SESSIONS. The Trustees may conduct executive sessions that are closed to the public after the following requirements have been followed: a. The Trustees have first been convened in an open meeting. b. The executive session is authorized by a roll call vote in open session. c. The executive session is authorized under the provisions of Idaho law. The Trustees shall reconvene the open meeting after an executive session prior to adjourning the meeting. 6. AGENDA PREPARATION AND FORMAT 6.1 AGENDA PREPARATION. a. Regular Meetings: The Chair is responsible for placing all items on the agenda of regular meetings. The Chair or Trustees, depending on the agenda item, are responsible for providing the back-up material for each agenda item and for bringing to the attention of the Chair items to be included on the agenda at future Trustee meetings. The agenda and accompanying supporting material shall be distributed to Trustees by 5:00 p.m. on the Friday prior to the scheduled Trustee meeting except in emergency or special situations. Copies of the agenda are available to the media, public and staff. b. Special Meetings. Whenever possible, the procedures for agenda preparation and dissemination used for regular meetings will be used for special meetings. c. These procedures may be altered by the Chair during an emergency or when compliance would be impractical. However, the Chair shall comply with all legal requirements when scheduling meetings and preparing the agenda. 6.2 AGENDA FORMAT. The Trustees shall follow the order of business set up by the agenda unless the order is altered at the discretion of the Chair. For regular Trustee meetings, the following format is used: Meridian City Council Meeting Agenda September 3, 2019 – Page 227 of 245 8 a. Call to order, roll call b. Approval of minutes c. Consent grouping d. Reports e. Action Items f. Discussion Items g. Public Participation h. Adjournment A notice of executive session and the need to reconvene to regular meeting will be included as necessary. The consent grouping on the agenda is used for those items which usually do not require discussion or explanation as to the reason for Trustee action. Any Trustee may require the withdrawal of any item under the consent grouping for independent consideration. Consent agenda items may be removed for discussion and debate by any Trustee by notifying the Chair twenty-four (24) hours before the regular Trustee meeting, or by a majority of the Trustees present at the meeting. 7. MEETING PROCEDURES 7.1 ORDERLY CONDUCT OF MEETINGS. The Chair is responsible for the orderly conduct of Trust meetings and shall rule on such matters as the time to be allowed for public discussion, the appropriateness of the subject being presented, and the suitability of the time for such a presentation. All such rulings are subject to review by the Trustees at a subsequent meeting, properly noticed, as long as the matter is included on the agenda. 7.2 QUORUM. A quorum is defined as at least three (3) Trustees. In the event that a quorum is not present within fifteen (15) minutes after the scheduled start time, the meeting may be canceled and another meeting may be scheduled with due and proper notices in accordance with these rules. 7.3 VOTING. Votes on all motions shall be by ayes and nays. No secret ballots shall be used. Each Trustee shall have one vote on all matters in any meeting of the Trustees. Any action taken by the Trustees shall be taken by the vote of not less than three (3) Trustees. Motions will be recorded accurately. If there is any ambiguity, the Chair will seek clarification of the motion. The Chair or any Trustee may call for a roll call vote. Unless such vote is called for, action may be taken by voice vote in which event, unless a Trust member expresses that he/she is abstaining from voting or voices a dissenting vote, members will be presumed to have voted for passage of the motion and their votes will be so recorded. 7.4 RULES OF ORDER. The Trustees prescribe rules for its meetings as follows: a. The Trust shall hold a regular quarterly meeting and may hold other meetings as often as called. The Trust may also cancel scheduled meetings. Meridian City Council Meeting Agenda September 3, 2019 – Page 228 of 245 9 b. Each action item shall require a motion, and all motions shall require seconding. c. The Chair may make or second motions, and may vote on all motions. d. A motion to adjourn is in order at any time. Such a motion shall require a second and a majority vote. No discussion is in order. e. A motion to table is in order at any time. Such a motion requires a second and is limited to being considered only once on any given agenda item. No discussion is in order. f. Rules of order may be subject to suspension only upon a majority vote of the members of the Trust present at a meeting. g. In matters of procedure not covered by law or policy, the Trustees shall be guided by Roberts’ Rules of Order. h. During Trustee meetings, Trustees will turn off or silence cell phones. i. Trust meetings will start and end on time. j. Trustees will arrive on time or notify the Chair if they will be late to a Trust meeting. k. Trustees will arrive prepared to conduct Trust business at Trust meetings. l. Trustees will avoid sidebars, will support Trust decisions, will treat each other as colleagues, and will assume good intentions. 7.5 MINUTES. Minutes shall be kept of all regular and special Trust ee meetings. Complete written minutes of each Trustee meeting are available for public review in Human Resources. The minutes for the most recent Trustee meeting will be available for review on the day that the agenda and supporting documentation is sent to Trustees in preparation for the next regularly scheduled Trustee meeting. The Trustees will take action at a subsequent meeting to amend and/or approve minutes. Minutes of regular or special meetings will be distributed to all Trustees prior to the next meeting. The Trust Secretary shall keep a written record of those Trustees present and those absent at all official Trustee meetings. The Trust Secretary shall also keep an official written record of all proceedings and actions of the Trust. The Trustees may vote to audio or video record minutes of any or all meetings. 7.6 PUBLIC PARTICIPATION AT TRUST MEETINGS. All regular and special meetings of the Trustees shall be open to the public. As part of each agenda, there will be an opportunity for public participation. The Trustees desire to hear viewpoints of City employees and consider the responsible presentation of these viewpoints vital to the efficient operation of the Trust. The Trust also recognizes its responsibility to conduct its business in an orderly and efficient manner. The Trust therefore establishes the following procedures: a. The Chair shall be responsible for recognizing speakers, maintaining proper order, and adherence to any time limit set. The Trustees may not discuss, consider or make decisions on any matter not on the agenda. However, questions asked by a public participant will be answered in writing within fifteen (15) working days if feasible by the Meridian City Council Meeting Agenda September 3, 2019 – Page 229 of 245 10 Chair or designee. Questions requiring investigation may take longer to respond to; however, the public participant will be notified of the delay. b. If considered necessary, the Chair shall set a time limit on the length of the comment period. The comments of each speaker shall be no more than three (3) minutes per topic unless the speaker requests additional time and unless the time limit is waived by the Chair. Trustees may ask for clarification or make comments in response to the speaker's remarks but shall not enter into deliberation or debate. Interruptions, defamatory remarks or other interference with the orderly conduct of Trustee business will not be permitted. The Chair shall terminate the speaker's privilege if, after being called to order, the improper conduct or remarks persist. c. Public participants shall not be recognized by the Chair while the Trustees conduct its official business. d. Individuals that want to address the Trust will sign up to do so at the beginning of each Trust meeting and will indicate the topic they will be addressing. 8. ROLES AND RESPONSIBILITIES Within the confines of applicable laws and City policies and regulations, the Trustees define their role and responsibilities with the following groups. 8.1 MAYOR AND CITY COUNCIL Within the confines of the law, the Council established the health insurance trust and appointed Trustees. Pursuant to the Trust Agreement, the Trustees serve at the pleasure of the Council. The City Council is responsible for deciding if the City offers its employees health insurance and health related benefits. Based on this decision, the Trustees make budget requests to the Council who has sole discretion in determining the Trust’s budget and appropriating approved budget amounts. Additionally, the Council decides premium allocation between the employer and employees. This decision may be made upon recommendation from a designated group or committee. Once budget funds are allocated, the Trustees are responsible for long term financial stability; for making decisions within the confines of the budgeted funds; the law, and governing rules regarding such things as plan design, who are covered individuals, PEHP plan offerings, Wellness programs, and other health related programs. 8.2 EMPLOYEE UNIONS. The Trustees are not a negotiating body and consequently do not negotiate with employee unions. The Trustees are responsible for overall premium establishment. Unions have the opportunity to give input regarding member’s health related needs and desires, plan design, coverage, offerings, etc. The Trustees consider union requests relating to plan design, coverage, offerings, etc. The Trustees serve as a source of information for the unions on health-related issues. Meridian City Council Meeting Agenda September 3, 2019 – Page 230 of 245 11 8.3 CITY EMPLOYEES. The Trustees have a fiduciary responsibility to maintain a financially sound Trust Fund. The Trustees will coordinate with the Benefits Committee as to plan design and benefits options. Trustees are responsible for communicating with employees the components of the Employee Benefits Plan and educating employees about health care options. The Trustees will use established communication processes or will create others as needed. The Trustees will encourage employees to use established communication processes. Employees are responsible for communicating their concerns and preferences for all health care related issues through appropriate groups such as WBT, EAC, and the Wellness Committee or through individual Trustees. 8.4 ADMINISTRATIVE SUPPORT. The Trustees provide direction to Human Resources related to Trust functions. The Trustees propose programs, costs, and budget, and are responsible for budget related to functions of the Trust. Human Resources is responsible for providing the following support to the Trust: secretarial support, subject matter expertise, liaison with consultants/contractors, providing financial reports, completing financial transactions, underwriting analysis with benefits consultant (evaluate numbers from the third-party administrator), regulatory compliance, administration of benefits, advising employees, liaison with State Department of Insurance. Trustees will prepare a budget for the Department of Finance to incorporate into the City’s overall budget. Trustees control and administer the Trust budget. The Trust/Trustees should be treated like a department in the budget process. 8.5 OUTSIDE CONSULTANTS. The term “Outside Consultants” is broadly defined to include the benefit consultant, third party administrator, actuary, external auditor, etc. Regarding the benefit consultant, they are responsible for: a. Plan Benchmarking b. Financial Analysis c. Renewal Analysis d. Assist with vendor relationships, as requested e. Assist with employee advocacy/problem resolution, as requested f. Contract reviews, as requested g. Attend Health Plan Trustee meetings, as requested h. Advise on legal compliance to include COBRA, HIPAA, Medicare, etc. i. Benefit Plan Consulting j. Employee Information Meetings k. Attending City Council Meetings Meridian City Council Meeting Agenda September 3, 2019 – Page 231 of 245 12 9. AMENDMENT. These Bylaws may be amended at any regular meeting of the Trustees by a majority vote of the voting membership of the Trust. The Chair shall report any amendments to the Bylaws to the Mayor and City Council. These Bylaws are adopted on this ____ day of ________, 20____ by the undersigned Trustees. INITIAL TRUSTEES: ____________________________________ William Lloyd Mossman Nary ____________________________________ Alexander Ronald Freitag ____________________________________ Eric Kent Strolberg ____________________________________ Christena Ann Barney Meridian City Council Meeting Agenda September 3, 2019 – Page 232 of 245 13 EXHIBIT A Trust Agreement See attached. Meridian City Council Meeting Agenda September 3, 2019 – Page 233 of 245 26840.001\4848-8457-3084v2 CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST AGREEMENT Meridian City Council Meeting Agenda September 3, 2019 – Page 234 of 245 City of Meridian Employee Benefits Plan Trust Agreement - 2 26840.001\4848-8457-3084v2 CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST AGREEMENT This City of Meridian Employee Benefits Plan Trust Agreement (“Trust Agreement”) is made and entered into effective ____________, 2019, by the City of Meridian. The purpose of the Trust governed by this Trust Agreement is to provide health care benefits on behalf of and for the benefit of City of Meridian employees and their Beneficiaries. NOW, THEREFORE, the undersigned hereby adopt this Trust Agreement as follows: 1. ESTABLISHMENT OF TRUST 1.1 EMPLOYER. The City of Meridian is defined as the Plan Sponsor and “Employer.” “Employer” shall include any successor corporation, and any other subsidiary, affiliate or controlled business which adopts the Plan. 1.2 ESTABLISHMENT AND NAME OF TRUST. The Employer hereby establishes an employee benefit plan trust (the “Trust”). The Trust may also be referred to as the City of Meridian Employee Benefits Plan Trust. 1.3 TRUSTEE RESPONSIBILITIES. The Trustees (i) accept the trusteeship, and (ii) declare that they will receive and hold the Fund assets as Trustees under the Trust Agreement for the uses, purposes, and trusts set forth in the Trust Agreement. 1.4 PURPOSES OF TRUST. The City of Meridian established a Benefits Plan (“Plan”) to provide for the payment of Eligible Expenses incurred by Plan Participants for certain services. The purposes of the Trust are: a. to receive, in advance, all contributions to the Plan, b. to hold, manage, invest and reinvest the Trust property and all income from the property, in accordance with the terms of this Trust, and c. to make distributions from the Trust Fund in such amounts and to such person or persons as the Plan Administrator shall direct to provide for the payment of (i) Covered Medical Expenses, (ii) Covered Dental Expenses, (iii) Covered Pharmacy Expenses (iv) Covered Vision Expenses incurred by Plan Participants. d. to be responsible for the Trust’s long-term financial stability; to make decisions within the confines of the budgeted funds, the law, and governing rules regarding such things as plan design, who are covered individuals, PEHP plan offerings, Wellness programs, and other health related programs. 1.5 EFFECTIVE DATE. The Trust shall be effective as of January 1, 2020. 1.6 PARTICIPATION IN THE TRUST. Participation in the Trust by the Employer may be discontinued by the Employer by giving thirty-one day’s advance notice in writing to the Trustees by registered certified mail at their last known address. Such discontinuation shall be effective as of the thirty-first day after the receipt of such notice by the Trustees. Meridian City Council Meeting Agenda September 3, 2019 – Page 235 of 245 City of Meridian Employee Benefits Plan Trust Agreement - 3 26840.001\4848-8457-3084v2 1.7 IRREVOCABILITY OF THE TRUST. The Employer reserves no right or authority to alter, amend, revoke or terminate the transfer in Trust. 2. ADMINISTRATION AND DISPOSITION OF TRUST FUND 2.1 CLAIMS. The Trustees, or any person or persons designated by them, may (i) pass upon the validity of claims for Benefits under the Plan, and (ii) in payment of valid claims in the amounts approved, authorize payments upon the Fund. The Trustees shall not be considered the agents of the Plan Administrator. 2.2 COLLECTION. The Trustees shall (i) require all Employer and Employee Contributions to be paid in advance and that they are to be deposited in and disbursed from a Trust Fund(s) duly established under this irrevocable Trust Agreement; (ii) make any necessary refunds or adjustments, and (iii) maintain such monies in a Trust Account in the Trust Fund’s name. In order to carry out the purposes of this Trust, the Trustees (i) shall specify the exact time and manner in which the payment of Contributions to the Fund are to be made, and (ii) shall be required to notify the contributing Employer and Employees in writing of these requirements. 2.3 STATEMENT. The Plan shall furnish to each employee-beneficiary of the Plan a written statement or schedule adequately and clearly stating all benefits currently allowable under the Plan, together with all applicable restrictions, limitations, and exclusions, and the procedure for filing a claim for benefits, in accordance with Idaho Code §41-4004(1)(d). 2.4 ACTUARIALLY SOUND. The assets and income of the Trust Fund shall at all times be reasonably adequate to provide for full payment of all benefits promised to beneficiaries by the Plan and to cover all other costs of operation, in accordance with Idaho Code §41-4004(1)(e). The initial contribution rates to the Trust Fund shall be calculated by a qualified actuary and shall include a reasonable provision for adverse deviation and a reasonable contribution to the surplus. 2.5 EXPENSES, RESERVES, AND TAXES. The Trustees shall: a. pay or provide for (i) the payment of all reasonable and necessary expenses of collecting the Employer and Employee Contributions and administering the affairs of the Trust and Fund, including all expenses which may be incurred in connection with the establishment of the Trust and Fund, (ii) the employment of administrative, legal, expert and clerical assistance, and (iii) the leasing of premises and the purchase or lease of the materials, supplies and equipment which the Trustees, in their discretion, find necessary or appropriate in the performance of their duties; b. establish the following reserves: (i) a reserve in amount as certified by a member of the American Academy of Actuaries as being necessary for payment of all claims against the trust fund for benefits, including both claims reported and not yet paid and claims incurred but not yet reported; (ii) if, under the Plan, periodic contributions to the Trust Fund have been paid in advance or are payable less frequently than monthly, there shall be a reserve for unearned contributions as computed pro rata on the basis of the unexpired portion of the period for which the contribution has been paid, and (iii) if future claims payments plus future costs of operation are greater than future contributions plus current reserves, there shall be a reserve in an amount equal to future claims payments plus future costs of operation, less future contributions, less current reserves; Meridian City Council Meeting Agenda September 3, 2019 – Page 236 of 245 City of Meridian Employee Benefits Plan Trust Agreement - 4 26840.001\4848-8457-3084v2 c. pay any federal, state or local tax which may be properly levied against the Fund or Benefits paid; d. establish and maintain in its Trust Fund a surplus equal to at least (i) the equivalence of three (3) months of contributions for the current year plan; or, (ii) one hundred ten percent (110%) of the difference between the total dollar aggregate stop-loss attachment point plus costs of operation and the total dollar expected contributions for the current plan year. Up to one-third of the surplus required by this Section 2.5(d) may be funded by a clean, irrevocable letter of credit, in a form acceptable to the Director of the Idaho Department of Insurance, issued in favor of the trust fund by a federally or state- chartered bank having a branch office in Idaho. Such irrevocable letter of credit cannot be guaranteed by pledge of any of the plan assets. The funding cannot be in the form of prepaid contributions or other loan or associated with an offsetting liability. 2.6 INVESTMENTS AND FINANCIAL TRANSACTIONS. All funds and assets received by the Trustees in accordance with this Trust Agreement shall be Trust Funds and shall be deposited by the Trustees in bank or banks that the Trustees designate for that purpose. All withdrawals, drafts, or checks of Trust Funds from such bank or banks shall be effective only upon the signature or countersignature of duly authorized Trustees. The Trustees may invest and reinvest any part of the Trust Fund not required for current expenditures; provided however, such investments shall be made and held in the name of the Trust Fund, and the interest and yield thereon shall inure to the account of the Trust Fund. No investment shall be made unless authorized in writing by the Trustee and so shown in the records of the Trust Fund. All investments shall be made in accordance with Idaho Code §41-4009. 2.7 TRUST LIABILITY. The Trust Fund shall be legally liable for payment of all applicable benefits stated in the statement or schedule of benefits in effect at the time a claim thereunder arises. Funds in the trust are fiduciary funds, and are not liable for any obligation of any employer participant in the plan, nor subject to garnishment or levy for the obligation of any beneficiary. All funds and moneys received by the Plan and all funds billed and paid as contributions to the Trust Fund shall be timely deposited in the trust account and shall be held in no other name than the name of the self-funded plan. 2.8 INTEREST. The Trust shall not be required to pay interest on Employer or Employee contributions to the Fund. Interest accrued on Trust funds shall remain in Trust not inconsistent with the provisions of this Agreement. 2.9 SPENDTHRIFT CLAUSE. No Trust Funds shall be: a. assigned or encumbered by any Participant; b. attached by or subjected to the interference or control of any creditor of any Participant or the Employer; or c. reached by any legal or equitable process in satisfaction of any debt or liability of any Participant prior to its actual receipt by such Participant. Meridian City Council Meeting Agenda September 3, 2019 – Page 237 of 245 City of Meridian Employee Benefits Plan Trust Agreement - 5 26840.001\4848-8457-3084v2 3. TRUSTEES. 3.1 TRUSTEES. The Trust shall be administered by no less than three (3) and no more than five (5) Trustee positions. Each Trustee shall be a voting member. 3.2 INITIAL TRUSTEES. The initial Trustees are: (i) William L.M. Nary (ii) Alexander Ronald Freitag (iii) Eric Kent Strolberg (iv) Christena Ann Barney The Trustees shall be allowed to appoint ex-officio members or administrative staff as needed, upon notification to City Council. 3.3 TRUST OFFICERS. The Trustees establish the positions of Chair and Vice-Chair. The Chair and Vice-Chair shall be elected by a majority vote of the Trustees. The Chair and Vice-Chair shall be elected at the first regular Trust meeting in November of each year and shall assume the responsibilities of their positions at the meeting in which they are elected. 3.4 TERM. Each Trustee shall serve until the Trustee’s death, incapacity, resignation, removal, or separation from City employment, whichever comes first. 3.5 RESIGNATION. A Trustee may resign from all further duty or responsibility upon giving (30) thirty days’ notice in writing to the Mayor and Chair or such shorter notice as the Mayor may accept as sufficient. The notice shall state a date when the Trustee’s resignation shall take effect. The resignation shall take effect on the date specified in the notice unless a successor Trustee shall have been appointed at an earlier date, in which event the resignation shall take effect immediately upon the appointment of the successor Trustee. 3.6 REMOVAL. A Trustee may be removed from office at any time by a majority vote of the City Council, notice of which shall be sent by registered or certified mail and which shall state a date when the removal shall take effect. 3.7 SUCCESSOR TRUSTEE. In the event a Trustee is no longer able to act under the terms of this Trust Agreement, resigns, is removed or comes to the end of their term, a successor Trustee shall be appointed by action of the City Council. Until the appointment of the successor Trustee, the remaining Trustees by majority vote shall have full power to act. 3.8 POWERS OF SUCCESSOR TRUSTEE. A successor Trustee shall become vested with all the property, rights, powers, and duties of a Trustee upon (i) appointment as a successor Trustee, and (ii) acceptance by such successor Trustee of the trusteeship in a writing filed with the Trustees. 3.10 ACTION AND MEETINGS. Except as provided in section 3.7, any action taken by the Trustees under this Agreement shall the vote of a least three (3) Trustees. Any one of the Trustees may call a meeting of the Trustees at any time, in person, by telephone or by e -mail, by giving at least forty-eight (48) hours written or e-mailed notice of the time and place of the meeting to the remaining Trustees. The Trustees may conduct ministerial and administrative duties (e.g. paying legitimately Meridian City Council Meeting Agenda September 3, 2019 – Page 238 of 245 City of Meridian Employee Benefits Plan Trust Agreement - 6 26840.001\4848-8457-3084v2 presented bills) by voting via e-mail, without notice, but a record of such action must be made and stored, pursuant to applicable law. 3.11 TRUST AUTHORIZATION. Any instrument in writing made by formal action of the Trustees, the Fund and the Trustees shall be bound by the signature of any two authorized Trustees. All persons, partnerships, corporations, associations, and the Plan Administrator may rely on the signature of the Trustees as duly authorizing the instrument in accordance with the Trust Agreement. 3.12 VOTING. Each Trustee shall have one vote on all matters in any meeting of the Trustees. 3.13 POWERS. The Trustees have all powers provided by the Idaho Uniform Trustee’s Powers Act, as amended, and any other statute or rule of law. In addition, the Trustees may exercise all rights or privileges granted to them by provisions of the Plan and may agree to any alteration, modification or amendment of the Plan. The Trustees will notify the City Council of any and all alterations, modifications or amendment to the Plan. Persons dealing with the Trustees shall not be required to inquire into the authority of the Trustees with regard to any dealings in connection with the Plan. 3.14 INTERPRETATION OF TRUST AGREEMENT. The Trustees shall have the power to construe the provisions of the Trust Agreement. Any construction adopted by the Trustees in good faith consistent with the provisions of the Plan shall be binding upon the Employees, the Employer, the Plan Administrator and all others claiming by or through any of them by assignment, bequest or otherwise. 3.15 COMPENSATION OF TRUSTEES. The Trustees shall serve without compensation from the Trust for services rendered in such capacity, but all reasonable expenses specifically incurred in the performance of the Trustee’s duties pursuant to this Plan shall be paid out of the Trust Funds. Trustees are governed by a fiduciary duty as imposed by State law and any applicable Federal law while incurring expenses associated with their performance as Trustees pursuant to this Plan. 3.16 PAYMENT OF ADMINISTRATIVE EXPENSES. All reasonable expenses specifically incurred in administering the Plan, including but not limited to administrative fees and expenses owing to any third party administrative service provider, actuary, consultant, accountant, specialist, or other person or organization that may be employed by the Trustee in connection with the administration of the Plan, shall be paid out of Trust assets, and, if Trust assets are insufficient, by the Employer. Trustees are governed by a fiduciary duty imposed by Federal and State law as well as the City’s Ethics Policies while incurring expenses associated with the administration of this Plan. 3.17 BYLAWS. The Trustees may promulgate such bylaws as may, in their discretion, be proper and necessary for the sound and efficient administration of the Trust. 3.18 LIABILITY. To the extent permitted by law, neither the Trustee nor any other person shall incur any personal liability for any acts or for failure to act within the scope and course of their duties as Trustees except for willful misconduct or willful breach of this Plan. 3.19 BOOKS AND RECORDS. The Trustees shall cause full and accurate records and accounts to be entered and maintained during all times of the existence of the Trust covering all financial transactions and affairs of the Trust Fund. Any audit of the Plan or Trust shall be completed Meridian City Council Meeting Agenda September 3, 2019 – Page 239 of 245 City of Meridian Employee Benefits Plan Trust Agreement - 7 26840.001\4848-8457-3084v2 independently of any other entity. Within one-hundred twenty (120) days after close of a fiscal year of the Plan, the Trustees shall prepare an annual statement in writing summarizing the financial transactions of the Trust Fund for such fiscal year and the financial condition of the Trust at the end of such year in accordance with the requirements I.C. §§ 41-401, et al, and with generally accepted accounting principles. The statement shall be in a form acceptable to the Director of the Idaho Department of Insurance and include such information as prescribed by the Director. The financial information included therein shall be certified by the accountant who audited such information. The Trustees shall promptly deliver a copy of the statement to Employer and keep a copy thereof on file in the business office from which the Plan is operated. Such statement shall be available for review by any Beneficiary at all reasonable times for a period of not less than three (3) years from the date of the statement. If the plan is managed by a third-party administrator, such statement shall be available at the administrative offices of the Employer. The Plan's annual statement shall be accompanied by the certified actuarial opinion described in I.C. § 41-4010. Such annual statement shall be prepared in accordance with actuarial standard of practice no. 28. The Plan shall require that the qualified actuary retain the actuarial work papers until the Department of Insurance has filed an examination report of the Plan covering the period of the actuarial opinion but no longer than seven (7) years from the date of such opinion. On or before expiration of such one-hundred twenty (120) day period the Trustees shall file an original of the annual statement and certified actuarial opinion with the Director in a form prescribed by the Director. The Trustees shall pay a filing fee as necessary. The Trustees shall also file quarterly supplemental unaudited financial reports and other periodic supplemental unaudited financial reports in a form and at the times prescribed by the Director. 3.20 BONDING. The Trustees shall obtain a fidelity bond, or coverage deemed by the Director of the Idaho Department of Insurance to be equivalent to a fidelity bond, in the name of the Plan, the purpose of which is to protect against acts of fraud and dishonesty by the Plan’s Trustees, directors, officers and employees in connection with the Trust Fund or Plan. Such bond shall be in an amount equal to the greater of ten percent (10%) of the contributions received by the Plan or ten percent (10%) of the benefits paid during the preceding calendar year. If the Plan was not in operation during the preceding calendar year, the bond shall be in an amount equal to ten percent (10%) of the contributions projected to be received by the Plan during its first year of operation. The amount of any bond required under this section shall be not less than twenty-five thousand dollars ($25,000) or more than five hundred thousand dollars ($500,000). 4. AMENDMENTS 4.1 ENTIRE AGREEMENT. This Trust Agreement constitutes the entire agreement between the undersigned Employer and the Trustees and shall not be deemed to be varied, altered or amended by any other statement, representation or agreement by or between any person or persons whomsoever, whether written, oral or implied in any way, except as provided in this Agreement. 4.2 AMENDMENT. This Agreement may be amended to any extent at any time or from time to time by the majority vote of all the Trustees then acting under this Agreement and with approval by City Council. However, no amendment shall divert the Fund as then constituted, or any part of the fund, to a purpose other than as set forth in this Agreement. 4.3 NOTICE. The Trustees shall (i) immediately notify the Employer, the claims administrator and all other interested parties of any amendment to this Agreement, and (ii) execute any instrument or instruments in connection with the Amendment. Meridian City Council Meeting Agenda September 3, 2019 – Page 240 of 245 City of Meridian Employee Benefits Plan Trust Agreement - 8 26840.001\4848-8457-3084v2 5. TERMINATION OF THE TRUST 5.1 APPLICATION OF FUNDS. In the event of termination of the Trust, the Trustees shall apply the Fund to the continuation of providing Benefits and to provide for payment of reasonable and necessary expenses incurred in termination of the Fund, until the Fund is exhausted. In the event of termination, the Employer shall cause the Fund and the Employee Contributions to be carried out for the purposes of the Trust as provided in this Agreement. 5.2 DISSOLUTION. Upon termination of the Trust, the Trustees shall immediately notify the Employer and shall continue as Trustees for the purposes of dissolution and may take any action which may be appropriate or required. 5.3 TERMINATION. Upon Trustees terminating the Trust, or if the Director of the Idaho Department of Insurance upon examination finds the Trust to be insolvent where the Plan is unable to pay its obligations when due or that its assets do not exceed its liabilities, the Trustees shall proceed in a manner consistent with the law, including but not limited to Idaho Code §41-4019. 5.4 LIQUIDATION. Whether terminated by election of the Trustees or by the Director of the Idaho Department of Insurance, upon termination of the registration of the Plan, the Trust Fund shall be liquidated in accordance with Idaho Code §41-4019. 6. DEFINITIONS 6.1 BENEFITS. The term “Benefits” means the amount payable by the Plan for Covered Expenses. 6.2 CONTRIBUTIONS. The term “Contributions” means payments by the Employer or Employees to the Trustees for the purposes of the Fund as defined in Section 1.4. 6.3 COVERED EXPENSES. The term “Covered Expenses” means expenses for services that will be reimbursed in accordance with the Plan. 6.4 DEPENDENT. The term “Dependent” means a Participant other than an Employee who is an Eligible Dependent as specified in the Eligibility to Participate Section of the Plan Document. 6.5 ELIGIBLE EMPLOYEE. The term “Eligible Employee” means an individual who works for the Employer on a regular or non-regular basis in the usual course of the Employer’s business, working at least the number of hours in the Employer’s normal work week, but not less than 30 hours per week. Eligible Employees shall not include individuals compensated by commissions only, seasonal employees of less than 6 months duration, contractors, agents, employees of temporary employment agencies and all others not considered an employee of the Employer. 6.6 EMPLOYEE. The term “Employee” means any individual who is considered to be in an employer-employee relationship with the Employer and is eligible for benefits under the Plan. The term “Employee” includes “former employees” for the purpose of allowing continued eligibility for Benefits under the Plan (i) for the remainder of the month in which a Participant ceases to be employed by the Employer, or if longer, the period during which a former employee has el ected to continue Meridian City Council Meeting Agenda September 3, 2019 – Page 241 of 245 City of Meridian Employee Benefits Plan Trust Agreement - 9 26840.001\4848-8457-3084v2 coverage following termination of employment, as provided by the Public Health Service Act, or (ii) as allowed by the Plan. 6.7 EMPLOYER. The term “Employer” means the City of Meridian. “Employer” shall also include any successor corporation, and any other subsidiary, affiliate or controlled business which adopts the Plan. 6.8 TRUST FUND OR FUND. The term “Trust Fund” or “Fund” means the Trust estate created by this Agreement and shall consist of all funds or assets of the Trust including an y bank accounts or savings accounts or certificates together with all investments made and held by the Trustees for receipt of contributions of employer and employees and payment of or with respect to health care service for participants according to Idaho Code §41-4002. 6.9 PARTICIPANT. The term “Participant” means any Employee or Dependent who has met the eligibility requirements set forth in the Plan and who, in a timely manner, has made all required contributions. 6.10 PLAN. The term “Plan” means the City of Meridian Employee Benefits Plan established by the employer as of January 1, 2020, and any subsequent Amendments. 6.11 PLAN ADMINISTRATOR. The term “Plan Administrator” means the person or firm appointed by the Trustees who has the authority and responsibility to manage and direct the administration and/or payment of claims for the Plan. The Plan Administrator must be licensed and bonded as an administrator pursuant to chapter 9, title 41, Idaho Code. 6.12 PLAN YEAR. The term “Plan Year” means the period beginning on the Effective Date and ending on December 31, 2020, and the 12-month period ending on each December 31 thereafter. 6.13 TRUSTEES. The term “Trustees” means the persons designated as Trustees in this Trust Agreement together with their successors are the Trustees of this Trust Fund according to Idaho Code §41-4002(19). 7. MISCELLANEOUS PROVISIONS 7.1 PAYROLL INFORMATION. The Employer shall promptly furnish to the Trustees on demand such payroll information and data with respect to the individual Employees benefiting from this Agreement that the Trustees may require in connection with the administration of the Trust and the Plan. Payroll information and data shall be limited in nature to matters such as name, classification, social security number, amount of wages paid and hours worked. The Trustees, or their authorized representatives, may examine the pertinent payroll records of the Employer with respect to the individual Employees benefiting from this Agreement whenever an examination is deemed necessary or advisable by the Trustees in connection with the proper administration of the Trust and the Plan. 7.2 PARTICIPANT CLAIMS. No Participant, nor any person claiming by or through a Participant, Employer, person, partnership, corporation or association, nor any person entity claiming by or through any one of them by reason of assignment, bequest or any other means shall have any right, title or interest in the Fund or any part of the Fund. However, any participant who is actually covered by a Plan is entitled, subject to the terms and conditions of the Plan, to the benefits provided under the Meridian City Council Meeting Agenda September 3, 2019 – Page 242 of 245 City of Meridian Employee Benefits Plan Trust Agreement - 10 26840.001\4848-8457-3084v2 Plan in the amount and to the extent provided in the Plan. Each employee/beneficiary of the Plan will be provided with a written statement or schedule adequately and cl early stating all benefits currently allowable under the Plan together with all applicable restrictions, limitations and exclusions, and the procedure for filing a claim for benefits. 7.3 THIRD PARTIES. No person, partnership, corporation or association dealing with the Trustees shall be required (i) to see to the application of any funds or property of the Trust, (ii) to see that the terms of the Trust have been complied with, or (iii) to inquire into the necessity or expediency of any act of the Trustees. Every instrument effected by the Trustees shall be conclusive in favor of any person, partnership, corporation relying on such instrument that: a. at the time of the delivery of the instrument the Trust was in full force and effect; b. the instrument was effected in accordance with the terms and conditions of this Agreement; and c. the Trustees were duly authorized and empowered to execute the instrument. 7.4 PARTIES TO AGREEMENT. No person or entity other than the Trustees or their lawful successors and the Employer shall be considered a party to this Trust Agreement. 8. SITUS AND CONSTRUCTION OF TRUST 8.1 SITUS. The Trust is accepted by the Trustees in the State of Idaho and all questions pertaining to its validity, construction and administration shall be determined in accordance with laws of that State. 8.2 GOVERNING LAW, JURISDICTION, AND VENUE. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County, Idaho is the proper venue. 8.3 SEVERABILITY. The invalidity of any portion of this Agreement, as determined by a court of competent jurisdiction, shall not affect the validity of any other portion of this Agreement. Meridian City Council Meeting Agenda September 3, 2019 – Page 243 of 245 City of Meridian Employee Benefits Plan Trust Agreement - 11 26840.001\4848-8457-3084v2 Now, therefore, this Trust Agreement is effective as of the date first set forth above: Date:__________ CITY OF MERIDIAN By: Its Mayor Date:__________ INITIAL TRUSTEES: ____________________________________ William Lloyd Mossman Nary Date:__________ ____________________________________ Alexander Ronald Freitag Date:__________ ____________________________________ Eric Kent Strolberg Date:__________ ____________________________________ Christena Ann Barney Meridian City Council Meeting Agenda September 3, 2019 – Page 244 of 245 CjQE IDIA*,-----IZN � CITY COUNCIL WORK SESSION AGENDA September 3, 2019 Agenda Item Number: 6 C Item Title: City Council: Review of Rules of Participatory Budgeting Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.C. Presenter: J oe Borton Estimated Time f or P resentation: 15 Title of I tem - C ity C ouncil: Review of Rules for P articipatory Budgeting Meridian City Council Meeting Agenda September 3, 2019 – Page 245 of 245