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2021-08-17 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, August 17, 2021 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilwoman Liz Strader ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 1. Coleman Subdivision Sanitary Sewer and Water Main Easement No. 2 2. Knighthill Center Subdivision No. 3 Sanitary Sewer and Water Main Easement 3. The Oaks North Subdivision No. 10 Sanitary Sewer and Water Main Easement A 4. The Oaks North Subdivision No. 10 Sanitary Sewer and Water Main Easement B 5. The Oaks North Subdivision No. 10 Sanitary Sewer and Water Main Easement C 6. Findings of Fact, Conclusions of Law for Speedy Quick (CR-2021-0003) by Clark Wardle, Located at 2560 S. Meridian Rd. 7. Findings of Fact, Conclusions of Law for The Oasis (CR-2021-0004) by Robert Black Jr. of Land Baron Investments, Located at 3185 E. Ustick Rd. 8. Findings of Fact, Conclusions of Law for The Oasis (CR-2021-0005) by Michael and Cherilyn Kynaston and Jon and Cheri Hoeger, Located at 3185 E. Ustick Rd. 9. Memorandum of Understanding and Agreement Between the City of Meridian and Meridian Rural Fire Protection District 10. Professional Services Agreement Between the City of Meridian and Billy Arnold on Behalf of Billy Blues Band, LLC for Musical Talent for Concerts on Broadway 2021 11. Task Order Between the City of Meridian and Soloman Hawk Sahlein on Behalf of Sector Seventeen, LLC for Mural Installation ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 12. Finance Department: Proposal to Disband Third-Party Billing 13. Fire Department: Memorandum of Understanding to Establish a Temporary Position of Captain of Logistics Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener ADJOURNMENT 5:13 pm Item#1. Meridian City Council Work Session August 17, 2021. A Meeting of the Meridian City Council was called to order at 4:31 p.m., Tuesday, August 17, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault and Brad Hoaglun. Members Absent: Liz Strader. Also present: Chris Johnson, Bill Nary, Todd Lavoie, Tracy Basterrechea, Kris Blume, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, call the meeting to order. For the record it is Tuesday, August 17th, 2021, at 4:31 p.m. We will begin this evening -- or this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I'm really grateful for the opportunity this evening to adopt the agenda as published. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Coleman Subdivision Sanitary Sewer and Water Main Easement No. 2 Page 5 Meridian City Council Work Session Item#1. August 17,2021 Page 2 of 16 2. Knighthill Center Subdivision No. 3 Sanitary Sewer and Water Main Easement 3. The Oaks North Subdivision No. 10 Sanitary Sewer and Water Main Easement A 4. The Oaks North Subdivision No. 10 Sanitary Sewer and Water Main Easement B 5. The Oaks North Subdivision No. 10 Sanitary Sewer and Water Main Easement C 6. Findings of Fact, Conclusions of Law for Speedy Quick (CR-2021- 0003) by Clark Wardle, Located at 2560 S. Meridian Rd. 7. Findings of Fact, Conclusions of Law for The Oasis (CR-2021-0004) by Robert Black Jr. of Land Baron Investments, Located at 3185 E. Ustick Rd. 8. Findings of Fact, Conclusions of Law for The Oasis (CR-2021-0005) by Michael and Cherilyn Kynaston and Jon and Cheri Hoeger, Located at 3185 E. Ustick Rd. 9. Memorandum of Understanding and Agreement Between the City of Meridian and Meridian Rural Fire Protection District 10. Professional Services Agreement Between the City of Meridian and Billy Arnold on Behalf of Billy Blues Band, LLC for Musical Talent for Concerts on Broadway 2021 11. Task Order Between the City of Meridian and Soloman Hawk Sahlein on Behalf of Sector Seventeen, LLC for Mural Installation Simison: Next item is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: It's my pleasure to make a motion to adopt the Consent Agenda, for the Mayor to sign and for the Clerk to attest. Hoaglun: Mr. Mayor, I'm thrilled to second that motion. Page 6 Meridian City Council Work Session Item#1. August 17,2021 Page 3 of 16 Simison: I have a motion and a second to adopt the Consent -- to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 12. Finance Department: Proposal to Disband Third-Party Billing Simison: So, Item 12 under Department/Commission Reports, will be from our Finance Department, a proposal to disband third-party billing. I will turn this over to Mr. Lavoie. Lavoie: Good afternoon, Mayor, Members of the Council. Appreciate the opportunity to present to you the third-party billing proposal that we have ready for you. Just a reminder that this is an informational presentation. We are not looking for any action from Council tonight. We do have a future agenda item in September that we would like to have a decision of direction by Council based on this information tonight. So, we wanted to present to you the information, so that you have two, three, four weeks to kind of chew on it, ask us questions, that way when we come back in September we will be able to give -- or ask for an informed decision and direction from you as Council on this. This would require some changes to our ordinances and all that, which we will help work with Legal on, but, again, this is informational purposes only. I do have the subject matter experts here. We have Karie Glenn, the utility billing manager, and we have Dennis Teller, the water superintendent, to answer any questions that you might have today for us as well. So, today's agenda, again, we will discuss the purpose of the proposal, what is -- will go quickly over what is third-party billing, the goals of this proposal, some of the roadblocks that we see, the recommendation that we have for you today, stand for any questions and, then, we have two final slides, which are proposal B and C, which will be just informational purposes for you as well. There was a document provided to you via the agenda, a Word document that goes into this request or proposal in much more detail. I'm not going to go over everything in that proposal, I'm touching some of the highlights of that proposal. But, again, myself, Karie and Dennis are here to answer any questions for you regarding this proposal. So, again, first item on the agenda today is -- oh, sorry. We are going too quick. Our proposal for you today is to disband third-party billing. That is our official request as the document that I submitted to you via the agenda disclosed in more detail. That is our ultimate desire for this proposal to you today. I'm going to quickly go over what is third-party billing, a ten thousand foot level version of this. Third-party billing. We have a residential family or home that is purchased by a family. The family lives in the home, accordingly they submit some paperwork to the City of Meridian. The paperwork -- oops. Sorry. I'm just going too fast. I apologize. There we go. Sorry about that. So, the City of Meridian sets up a utility billing account. So, Karie's team will set up Page 7 Meridian City Council Work Session Item#1. August 17,2021 Page 4 of 16 the account for that residential property in that family's name. We send those invoices out to the residential property. The family pays us the invoices. Nothing new from a residential utility account setup. This is where third-party billing comes into play. That family decides, you know what, we are going to rent out our house. So, they are not going to live in the house, they are going to live in Washington and they are going to decide to rent out the property to somebody else and they happen to find a person to rent out their house to. This is where the third-party billing kind of comes into play where we actually do have a system that was created in the early 2000s that allows the owner of the property to engage with the City of Meridian and the renter to have the invoice changed from the family's name to the renter's name. So, in this case this is the original invoice for their utility account. They submit their paperwork, both the renter and the owner, and, then, we change the name of the invoice to the actual renter. This is done as a service to allow the City of Meridian to now engage with the renter, so -- to collect payment for the utilities utilized at that house. So, in theory, we have become the property -- collection agency for the owner of the property, because they have now engaged us to make sure we work with the property renter for proper payments. So, that is the third-party billing process to get the invoice from the owner to the renter. So, now that we have that set up, the renter can make payments on behalf of the owner's property and they make payments via whatever -- whatever method and they are paying the utility, water and sewer and trash, on behalf of the owners of the property, because we set up that agreement that we will go ahead and do this. If the renter does not pay -- or let's say the renter does move out and there is an outstanding bill, the good thing is with the language that we have set up the bill is ultimately responsible -- or the bill is linked to the owner at the end of the day. The City of Meridian will not chase renters or any third party that is involved with the property. We always hook the final bill or the bill to the property owner. So, that is a great thing the city has been doing for a very long time, we have been able to do that. So, in this case if the renter does not pay we now have to go and contact the owner, who happens in our scenario to live in Washington and we have to inform them, hey, we have an outstanding bill, we need you to pay it and they normally pay it. But, again, it's that process of, okay, now we had -- we had a renter, now we have to go back to the owner. It's just a property management issue that we have to do in utility billing to make sure we get the payment. So, from a ten thousand foot level that's what third-party billing is is the owner can work with a third party to have the invoice changed over to the third party, so that the owner doesn't have to make the payment directly, but the occupant does. So, that's what third-party billing is. This only impacts 12 percent of our total accounts. It's optional. It's not mandatory. If in this case we use the scenario, you know, Mr. Hoaglun has a house, if he rents it out to Mr. Cavener, a private transaction, Mr. Hoaglun can still pay the invoices himself. If he wants to charge Mr. Cavener with whatever, that's his private business decision, but we also do offer Mr. Hoaglun a chance to change the invoice to Mr. Cavener if both parties agree and that's that third-party billing and only 12 percent of our accounts engage in this particular service. So, that is third-party billing in the -- you know, a quick ten thousand foot level. That process is what we are proposing to you to eliminate. Eliminate the option of allowing, in this scenario, Mr. Hoaglun to change the invoice to Mr. Cavener and ask us to be property management with Cavener, instead of Mr. Hoaglun. We are asking to eliminate that process. We would like to have our process be the relationship between us and the property owner only, which we have Page 8 Meridian City Council Work Session Item#1. August 17,2021 Page 5 of — for 88 percent of our other properties. We would just like to keep that relationship that, so it's very simple for us and very clean, that the person responsible for the bill is the owner, because there is times where owner said, no, you go chase Mr. Cavener -- where ever he is you go get him, that's -- that's you and the city thing and, then, we have to get the language of the document out and explain to them, no, you signed the agreement that you are still ultimately rely -- reliable -- you are still ultimately liable for the bill and, then, we just have a discussion with the property owner and, you know, we are looking to remove that component from utility billing and water department billing system. So, again, our proposal -- our goals for our proposal are treat all the customers the same. So, that the 12 percent would turn into a hundred percent that they are all treated equally. Clearly identify who is responsible for the bill. Again, these services are subsidized by the remaining 88 percent of the citizens. We do not collect enough money to cover the cost associated to provide this service today as we have it in our fee structure. We do not collect enough revenue to pay for this service. So, the rest of the remaining balance of approximately 63,000 dollars, is subsidized by the remaining 88 percent of our clients or customers. More goals of our proposal -- and, again, improve the efficiencies with -- at the utility and water department. Again right now for every transaction we do from a third- party billing it's two pieces of -- two forms that we have to get. Every time a property owner wishes to rent out a property we have to fill out the two forms. There is a renter side and the owner side. We would like to also eliminate the need to have the water department go out and read the meters for every time a property changes hands from a rental perspective. The owner would like us to calculate manually how much water they have used up to a certain date. So, the water department needs to run out to that house and read the meter every time there is a transaction, so Mr. -- in our example if the property owner rents out his house to four different people in one year, we have to do four different reads and have four different sets of paperwork set up, so that we can provide this service. Right now the city has 1.25 FTEs allocated to manage this program between the water and wastewater -- or between the water and utility billing departments. Some other goals of our proposal here is to, again, reduce the number of final reads we have and only have the final read calculated when the property sells. So, if the property owner Mr. Hoaglun sells this house to property owner buyer Cavener, that's the only time we do a final read. We don't have to do multiple reads because he decided to rent out the property during his tenure. Again, it eliminates the paperwork involved with collecting third-party billing directives and addendums and, then, the utility billing department would know that the invoices are owned by the owner of the property and not the renter or the third-party individual at that time. So, as an example, you know, we have talked about, you know, eliminating the reduction of final bills. Last week we had on one day 52 requests to do final reads and fill out the paperwork for third-party requests. So, again, the numbers are only growing, so we are looking to eliminate that -- I guess job function or that -- that process from our duties in the long run. So, that is a goal of our proposal. Roadblocks for the city's proposal of third-party billing. So, again, the current services being provided -- again, one of the roadblocks we know we will run into is the service has always been provided. The people are used to it. People are comfortable with it. Again we respect that. We understand that. It's going to be a tough change. It's always been done this way since early 2000s. Back then we had 35,000 people back then. You saw the census, we are at 110, 130 thousand people. So, we understand change is going to Page 9 Meridian City Council Work Session Item#1. August 17,2021 Page 6 of 16 be difficult, because it is something we have always done and I understand that it's very difficult to remove a service that you currently provide and I respect that. Another roadblock we see that more and more third-party agreements are occurring and the growth of the city is only going to get larger, so we see this workload being larger, so it's 1.25 FTEs now today. Most likely it will be possibly two in the future, because we are going to have more and more of these transactions. So, again, we will just have to be aware that -- that we understand that is a roadblock for us. Why do we do so many final reads. I kind of gave you that story earlier, that every time a property owner rents out their property we have to do a final read, we have to get two sets of pieces of paper, we have to track down and we have to work with the renter or the third-party that's occupying the location. So, our recommendation. A really simple one from our perspective. We would like to disband the third-party billing. We would like to put together a communication plan that allows us 12 months starting our -- effective October 1 to work with all the current customers, which are 12 percent of our current customer base, that we would like -- that effective -- I think -- what did I have on here -- 12 months from there. So, October 1, 2022, that third-party billing will no longer exist. If we have any new requests come in that we would not honor those going forward effective 10/1/2021. We would have multiple layers of communication to the current property owners, to the property management companies, again, we would have a multi-layered approach to working with them, so that they are all comfortable with the proposal. Our goal would be to try to get this done in six months, but offer a window of 12 months, so if we have some individuals that we are not able to contact, we at least give them six months of grace period to kind of figure out how we want to move forward. So, that's kind of our proposal to you or our recommendation is to eliminate or disband the third-party billing, with a strong communication plan, with a goal of six months to have all 12 percent of our accounts to zero and with that we have subject matter experts here to answer any questions and, again, we do have two other proposals that we will offer you after we discuss, which are don't do anything, which is proposal C, and the other one is -- proposal B is if you wish to keep doing what you are doing, but be full cost recovery it would be increasing the fee from 20 dollars to 50 dollars a transaction. By doing that to 250 percent increase that would be effective October 1, 2021, that would allow us to be full cost recovery with no changes to the process. We would collect enough monies. Every year we would have to analyze this. Are we collecting enough? If not, I will be standing in front of you going now we need to collect more or less. We would approach this to you every single year. The transactions would be paid by the owner at the time of submission. Right now it's actually paid by the renter at the time of submission. So, we would swap that. The owner would be responsible for paying that. And, then, the -- again, plan C is doing nothing and we just keep doing what we are doing. So, with that those are the three proposals. You saw our recommendation. We did not want to say we did not acknowledge the other two. The other two exist and we are aware of that, but this is our proposal and, again, we stand for any questions. Simison: Thank you, Todd. Council, questions at this time? Perreault: Mr. Mayor? Page 10 Meridian City Council Work Session Item#1. August 17,2021 Page 7 of 16 Simison: Council Woman Perreault. Perreault: Thank you. First of all, Todd, let me give a big show of appreciation to you and -- and all of the wastewater and billing staff on the low number of delinquent accounts. It's very impressive that there is that few accounts that are behind. So -- so, a couple of questions. If -- if this option -- the suggested option is chosen, can a tenant, nonowner occupant, pay online, even if the account is not in their name? Can they make a utility bill payment on behalf of the owner without having an account? Because as -- you know, when you log on now you typically need an account number. So, can -- can a tenant do that? And, then, second, what about multi-family properties that are managed by a property management company where the owner is a corporation that would not pay any attention to billing that would come through. Can that -- can that entity -- the owner, can they set it up such that the -- that the address is made out to the property management company, so it's sort of a -- you know, here is the owner -- here is the company name, here is the property manager's name, here is the property manager's address. All the billings are going to that property manager, but -- so, that -- because my concern is that in these situations where the owners, who are investors, whether it's multi-family or individual homes, are just -- they are not going to pay attention to getting a bill for that, especially if they own multiple. So, how do we offset that concern with the nonpayment that you might have --or with the cost challenges. Because it sounds like it's a collections issue. It's more of a cost to taxpayers to offer the service issue; is that right? Lavoie: Yes. Appreciate the question. I bring up Karie to answer these specific questions on how the utility billing system works, whether or not -- so, I will hand over the questions to her and to answer your last question, it's not just the cost of it, it's also the efficiencies and effectiveness of the -- you know, using our resources to the best of our abilities. That's where I'm trying to make sure I maximize our resources for our staff needs going forward. Appreciate the question. Karie. Glenn: As far as being able to pay online or over the phone, it wouldn't be that utility billing would be supplying that account number to them, if the owner chose to provide the account number to their tenant in order to pay the bill online -- anybody can make a payment to the bill -- to the account. All they have to have is the account number. If the homeowner chose to say, hey, you, tenant, I want you to pay the bill, here is the phone number or here is the online access, here is the account number. You can make express pays all day long without having to create a user profile. Lavoie: So, Karie, true or false, if I had Mr. Cavener's account number I can make it -- I can make a payment on his -- on his account. Glenn: Yes. Lavoie: There you go. Glenn: And, then, on the other question regarding the property management companies for multi-family or commercial projects in general, we haven't necessarily gone down that Page 11 Meridian City Council Work Session Item#1. August 17,2021 Page 8 of 16 road as far as what that would look like, but I personally wouldn't see a change in that, that we still would work with the larger firms on having a property manager, not a specific tenant-- a property manager in general. They know they are responsible for that building. So, they are -- they are not asking for final reads and doing paperwork every two days, because this person moved in, this person moved out. I got this property over there. So, I don't necessarily see a change in the process for those guys, because at that level it literally is the owner and the property management company. Perreault: Mr. Mayor, follow up? Simison: Council Woman Perreault. Perreault: It's been my experience that most tenants, even in apartment complexes now, are paying the bills directly and they have their own individual accounts for each unit. So, how would that, then, work on and that's become more and more common where a property management company or owner of a multi-family has the individual tenants paying their own accounts directly with their own account -- account numbers. How does that work? Glenn: For the City of Meridian our apartment complexes are not set up that way. It's one meter per building. You got 12 units. That property manager pays that building, because there is only one water meter. There is only one account number. Perreault: Okay. That's what's been permitted in the City of Meridian specifically? Lavoie: Well, Karie, again, I might -- the questions are -- not for utilities like -- power and gas might be set up most likely in an individual name. Yeah. Yeah. Glenn: So, yeah, I would -- I would agree. Now that you have said -- now that you have pointed out that way, yes, my daughter is in the same situation. She pays the utility -- she pays the power that the city -- the water is -- water, sewer, and trash are all one account that the property manager pays. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just curious, Todd, Karie, if we go to just -- to the property owner and we have property owners who sometimes don't pay their bills, so that will impact the renter and how do we notify them if water is going to be turned off or do we? Lavoie: Currently we only have 12 percent of our accounts set up in this form, so we already have -- in our example earlier you were the property owner, Mr. Cavener was the renter. So, we already have a good number of accounts set up that way. So, this is a communication of getting with the property owner and just letting them know that the bill Page 12 Meridian City Council Work Session Item#1. August 17,2021 Page 9 of 16 hasn't been paid. Is that -- I mean it's just a communication component that we currently do now. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Sorry I wasn't clear. So, if we go to this new format -- this different format, we could have a situation where we have the property owner doesn't pay, they are sent notices, sent notices, sent notices and, finally, the turnoff is going to happen and, then, we have the young single mom with a baby go to the news media and say they turned off my water and didn't tell me about it. I have got no water and how -- how do we avoid that scenario? Glenn: Yeah. I don't think -- in the situation -- a lot of times we have -- it's not necessarily a different situation. We -- I do have property owners that intentionally keep their accounts in their name, so when their renters don't pay their rent, they don't pay the water bill, so we, essentially, end up shutting off the water for them not paying the rent. I think the expectation would be that it is your property, we are -- the City of Meridian is no longer going to play property management for you. It is -- this is a relationship between you and your tenant. The communication needs to be at that level, not bringing city government into your personal business. Lavoie: And it falls on our, you know, communication over the next 12 months to make sure we work with all these property owners to make sure they understand as of October 1, 2022, all of these invoices will be at your responsibility for making payment. So, make sure that -- you know, if the young lady and the single mom is in the house, we need to respect that and make sure we make the payment. So, it falls on that communication and we already have examples of property owners who own their property and have a private business relationship with a renter and they -- so, again, we already have this in place that we already manage. It's not a different process, it's a process that we already offer, we are just eliminating a process and trans -- bringing them all in line with all the other accounts that we have. So, it just all comes down to communication to make sure that the owner is making payments, so the single -- in your example single mother with a child doesn't get their water turned off. Will we ever present -- be able to prevent that? No, because we can't do that now. If the current renter -- in your example, if you decide not to make payment in our example, Mr. Cavener would be out -- without water, but we have communicated with you numerous times. So, again, we have the situation now. Can prevent it? The answer is no. I can never make someone pay a bill. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Any idea if the fee were to increase from 20 to 50, that fees paid by the owner, if-- how--will we stay at 12 percent? Would we drop down to eight percent with -- I mean Page 13 Meridian City Council Work Session Item#1. August 17,2021 Page 10 of 16 -- because what -- I guess what I'm trying to understand is if we go that route, then, we still have to have some staff time that we are committing. We still have to have the -- the system in place, but now all of a sudden we are servicing maybe three percent or five percent of the accounts, instead of 12 percent of the accounts. So, then, how -- what does that actually do to our -- the city's cost to provide that service in relationship to the fee that's collected? Is like just the first year going to kind of be a test run in the sense of we -- or do we anticipate that we will still have 12 percent or more or less and -- and depending on whether you phase it or whether you start now, that fee increase would start October 1 st it sounds like. Lavoie: If we were going to -- if you chose that proposal -- Perreault: Yes. Yes. Lavoie: -- then it would be if we would -- we would recommend, again, if you guys accepted the recommendation of 50 dollars, we don't know how many of the 12 percent would say, well, that's just way too much, we are not going to engage that, we don't know what the answer is. To answer the question about cost, we would, then, always have a cost analysis on the internal side, go how much of our time are we spending on these, because if it went from 12 percent to five -- six percent in theory I should go from 1.25 to, you know, .65 in theory. So, again, there is -- we would analyze that every single year for you guys to go, okay, right now we are only spending half of per-- half an FTE. We need 50,000 dollars. Your fee is estimated to be whatever the number mathematically comes out to be. So, they should work in -- in connect -- in correlation. If those number calcs go down, our resources go down and, then, the fees would adjust accordingly. But, yeah, I'm not sure how the 12 percent would react. I don't -- I'm not sure. Perreault: Mr. Mayor, another question. Simison: Council Woman Perreault. Perreault: Sorry. So, it sounds like, if I'm understanding correctly, that the utility billing department doesn't anticipate our late pays or collections going up because notices are going to owners and not being paid just out of an awareness that there is not an anticipation that that's going to create a problem if the -- if the -- if the service goes completely away. Lavoie: Yeah. I don't believe so. The number that you were referring to earlier represents the whole city and we are only talking 12 percent of the accounts. So, 88 percent are already doing what they are doing. That represents that really small number we have. So, I don't see 12 percent of an account base influencing that overall number very much. Glenn: And it is sad to report that the bulk of our shutoffs are repeat offenders. So, it's not rent-- renters versus owners or anything like that, it's just certain -- some people have some difficulties. Page 14 Meridian City Council Work Session Item#1. August 17,2021 Page 11 of 16 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Todd, Karie, walk me through if a renter user pays their fee, there is some staff time on the forefront, and, then, when the owner is looking to disengage in the third-party billing, does the staff work -- if the tenant or the owner is paying the bills on time, what other staff involvement is there in the course of a year or a month? Glenn: If it's just status quo, if everything goes well, there is typically no staff involvement in the middle. It only is when there is a tenant change. Cavener: Sure. Glenn: There is paper -- the paperwork involved, the final reads, the -- maybe they have submitted paperwork and, then, the -- two days later, after we have already done all this work, the renter decides they are not going to rent that property and now we have got new paperwork for new ones, we are sending the water guys back out. It -- on a normal month-to-month basis for the bills it's -- it's limited. Cavener: Okay. Mr. Mayor, follow up. Simison: Councilman Cavener. Cavener: So, that 1,300 -- you can see -- it looks like on average about 1 ,300 new accounts a year? Glenn: New -- Lavoie: I'm not sure about that number. I can do the math. We can go look at the utility. Cavener: That's what I -- I just took your -- the amount of revenue that we -- that -- the 20 dollars -- the 20 dollars brings in and divided that by the 25,000 revenue that you said brought in and that's I guess how we got to that -- roughly about 13 hundred dollar -- or 1,300 -- Lavoie: It's on the -- on the Word document that we sent you it's based on the number of final reads and third-party billing directives that we receive. We are averaging 1,900 third- party billing requests a year, regardless of how many homes are sold, it doesn't matter how many you add, because Mr. -- because a property owner could rent out their property five times in one year. So, that's five third-party billing transactions that we have and, then, five final reads that we have. So, we count it by the number of third-party billing documents submitted to us, because we could add 4,000 homes next year not one of them decides to rent their home out. So, we do it based on the third-party billing directors that we receive, which is right now averaging 1 ,900 a year and I think it was on page four of the -- page five or four of your document. Page 15 Meridian City Council Work Session Item#1. August 17,2021 Page 12 of — Cavener: I may circle back with a couple other questions either offline then. Thanks. Simison: Council, any further questions? Lavoie: We do want to invite you to engage us over the next -- I think it's three or four weeks before this, but I stand up here in front of you, again, so, please, engage us, ask us questions, clarifications. We want you guys to have all the information possible to make the right decision. We will administer the final direction, whatever it is, be it proposal A, B, C or if there is a D, we are -- our team is ready to administer whatever direction you give us. Again, this is an informational request for a proposal and we are happy to answer any questions between now and then. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I did have one last question. I was trying to figure out -- because when I -- when I was reading the document your department and the water department, Public Works, well known for customer service and providing a higher level and we do it differently. It's the Meridian Way. So, I was kind of like, oh, this is interesting, because we are taking a service away, but, you know, as I go through it I understand the need, you know, the growth that you show, the chart that it's -- there is more of it every year. It's a way to save money. So, you know, with -- with the first option to let's -- let's do away with this. But, of course, you know, you had B and C and the other option is we just increase the fees to cover the cost, so, therefore, utility payers aren't subsidizing that. So, just -- can you give me the thinking on that -- of that customer service versus bottom line, as opposed to a bottom line being covered here and still providing the service, how you came to this one, as opposed to this one. Lavoie: A very -- very fair question, Brad. It just came down to, you know, the resource management of our resource -- of our staff and treating all of our utility billing accounts the same. Only having one approach as we get larger and larger instead of having multiple -- I guess management approaches. Just trying to simplify from a management standpoint, trying to simplify the way we run the city. We agree with you, the service is there. That's why we have the roadblocks. We know that this is a hard thing to do to remove a service. We respect that. But it really is down to a management level from an administration side, how do we make it more efficient, more effective for our staff as a team and that's the way I'm representing it. I understand we have a customer service safety perspective and that's why you guys are here and we respect that decision. So, we know it's -- it's not the easy decision to remove a service and we acknowledge that, but it's all about efficiency and operational resources and whether or not we need to improve -- increase staff or reduce staff or keep it status quo. But fair question. Hoaglun: Mr. Mayor, just -- Simison- Councilman Hoaglun. Page 16 Meridian City Council Work Session Item#1. August 17,2021 Page 13 of 16 Hoaglun: Thank you, Todd. I mean that's a good assessment and it's just one of those things -- yes, you have to make -- we want to make a decision, you want to do the right thing, and appreciate the thorough analysis that you did for this, so thanks. Lavoie: Appreciate your time. Thank you. Simison: Council? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I agree. I appreciate the--the pros and cons and the --the very objective analysis of the tradeoffs with a change like this. As we mull it over I think if we went forward a transitioned approach versus an immediate approach makes sense. Among the reasons that there is lots of folks that might participate that have existing lease agreements, current tenants that have already allocated who is paying what, and it would be a nightmare to try and have them change that in the midst of an existing lease. So, one of your -- your suggestions on how to implement it, phase it in, if we were to go that route seems to clearly be the better approach. Lavoie: I appreciate that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe an ask between now and the next time you are before us. I appreciate you sharing what other municipalities are doing and maybe you know what Idaho Power, Intermountain Gas, CenturyLink, other critical utilities, how they function with third parties. Is it the same model that we are following? Is it -- Lavoie: It would be the example that Jessica just gave you. It goes into the person and they chase. So, they will hook the name to -- in this case Luke Cavener. Cavener has the utility bill and they chase you. Cavener: The user, essentially. Lavoie: That is correct. Yeah. Cavener: Okay. Simison: Okay. Lavoie: Thank you for your time. Page 17 Meridian City Council Work Session Item#1. August 17,2021 Page 14 of 16 13. Fire Department: Memorandum of Understanding to Establish a Temporary Position of Captain of Logistics Simison: Thank you. Next item on the agenda is Item 13, the Fire Department Memorandum of Understanding to establish a temporary position of captain of logistics. Turn this over to Chief Blume. Blume: Thank you, Mr. Mayor and Council. Yeah. The -- the MOU or the memo of understanding was crafted looking forward into the potential future of building and constructing and onboarding one or two stations, onboarding of staff, and the needs that may arise organizationally. So, this, as a temporary position, is not asking for an additional person or a staff and it was actually requested by the labor group from the Fire Department and worked with Human Resources, Finance, and Legal to ensure that the terminology correctly captured the position, which was not and is not represented currently in the CLA and so that is the -- the purpose of the MOU and that's where we are at on it. Does anybody have any questions for that or on that piece? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Just want a clarification. It's not creating an new position with -- with additional costs. Is this a new position or is this -- are we renaming -- do we have an FTE that exists, we are renaming it, we are adding that to the labor contract, we are not creating a new position? Blume: Council Woman Perreault, no, we are not adding a new position. It was a temporary assignment. It is --the intent is to be a temporary assignment. However, when labor looked at it it is not correctly reflected that position or that -- the ability to assign that person to that body of work is not reflected in the contract and they requested that to be added to reflect the contract correctly. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I -- I appreciate this, chief, and I -- I certainly -- I support doing this, but going through your hundred day --first one hundred days review, that was one of the things that caught my eye was about the logistic division with the single chief and the number of hours worked and the weekends and those types of things. To me I think -- yeah -- I thought I would be in bed by now, but -- Blume: He has -- he has a vested interest in this. Hoaglun: I mean it sounds like down the road -- notwithstanding what we do here, but down the road that might be something we have to take a look at to -- to kind of fix. Page 18 Meridian City Council Work Session Item#1. August 17,2021 Page 15 of 16 Blume: Well, Councilman Hoaglun, the intent is to kind of verify -- verify, validate, if, in fact, the body of work does exist and at what level does it exist and if it's the appropriate level of staffing for that position or not. I mean we can certainly walk it down, but it's -- that's a -- that is a starting point and the intent of exploring that position if it's necessary moving forward. Hoaglun: Okay. Thank you. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, I want to add one more thing to what the chief said. Part of what the union was requesting and why we have this MOU is, as the chief stated, there is an identified position of this in the current labor agreement and to, then, temporarily assign is allowed, but this is going to be primarily a 40 hour week position, not a 56 hour position and there isn't a mechanism in the contract to do that, other than on a very temporary basis related to injuries or training or something else and not to this. So, that was kind of the reason for the MOU. Simison: Council, any further questions? Any discussion? Anything else? All right. Blume: Thank you very much. Simison: Councilman Bernt. Blume: We need to approve the MOU. Simison: That's kind of what I was going for with approval of the document, but -- you know. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Is there a number or is there a specific number that we are looking for or do we just want to approve the memorandum as it states on the -- on the agenda? Nary: Just approve the memorandum. Bernt: Okay. Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve the Fire Department's ask for a memorandum of understanding to establish a temporary position of captain of logistics. Page 19 Meridian City Council Work Session August 17,2021 Page 16 of 16 Hoaglun: Second the motion. Simison: I have a motion and a second. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and the MOU is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Now, do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5.13 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9-7-2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 20 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Coleman Subdivision Sanitary Sewer and Water Main Easement No. 2 Page 3 ADA COUNTY RECORDER Phil McGrane 2021-122818 BOISE IDAHO Pgs=5 NIKOLA OLSON 08/18/2021 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE Coleman Subdivision Sanitary Sewer and Water Main Easement No. 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 171hday of August 2021 between Wal-Mart Stores,Inc. ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of.-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 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 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns,heirs,personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: C? STATE OF- 6 ) ss County ofA-ela rt�*o to Yl This record was acknowledged before me on / Gl Z- (date) by ¢i Avv `17 _(name of individual), [complete the following if signing in a representative cap city, or strike the following if signing in an individual capacity] on behalf of Is+ j4J-Mt4jZ-C (name of entity on behalf of whom record was executed), in the following representative capacity: ~A&M (type of authority such as officer or trustee) Sheri Fieke# Washington COUNTY NOTARY PUBLIC—ARKANSAS Notary S ignatu My Commission E.a pres 05/27/2030 Commission No, 12377216 My Commission Expires: Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 8-17-2021 Attest by Chris Johnson, City Clerk 8-17-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-17-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as.Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01l01(2020 EXHIBIT A Coleman Subdivision—City of Meridian Sewer and Water Easement A easement being located in the S% of of the SE X of Section 27,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner of sai Section 27,from which a 5/8-inch diameter iron pin marking the southwest corner of said SE X bears N 88°56'28" W a distance of 2654.67 feet; Thence N 0°21'14" E along the easterly boundary of said SE X a distance of 340.86 feet to a point; Thence N 88°56'29" West a distance of 754.33 feet to a point on a north line of a Sewer and Water Main Easement as recorded at the Ada County Recorders Office as Record No. 2015-003135; Thence leaving said easement N 1°03'31" E as distance of 8.12 feet to a point; Thence S 88°56'29" E a distance of 20.00 feet to a point; Thence S 1°03'31" W a distance of 8.12 feet to a point on said north line of a Sewer and Water Main Easement; Thence N 88°56'29" W a distance of 20.00 feet along said easement to the point of beginning. The parcel contains 162 sq.ft. or 0.004 acres. ,oNPL LA - 4�y� ENS�p G� IX 20142 VA OF Q VA A1'��a Jerron R. Atkin II Professional Licensed Surveyor Idaho: 20142 ® t72 N 0 20 50 100 SCALE:1"=100' I I I I v I I I I I I I S 88'56'29" E 20.00' N 1'03'31" E 8.12' S 1°03'31" W - - - - - — �� — 8.12' N 88"5629" W 754.33' C � - - — P.O.B. — — — — — — — — — � - - - - - N 88°56'29" W c In 20.00' o Q) o o �Ln I 6 0 CN U .. lQ U N (n c M E O Q) � I Z 0 w I 27 27 — — _ ( Basis o f Be aring ) 27 26 34 34 N 88°56 28" W 2654.58' 34 35 Walmart-#5841 Meridian, ID LKA005841 Project No: ■■ SANITARY SEWER AND WATER MAIN EASEMENT Drawn By: JRA Galloway Coleman Subdivision y 5001 N.Ten Mile Road Checked B JRA Salt South 700 East,Suite 3F� Sal[Lake City,UT 84a02 801.'53.1357 EXHIBIT B Date: 07/23/2021 GallowayUS.com 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Knighthill Center Subdivision No. 3 Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Phil McGrane 2021-122821 BOISE IDAHO Pgs=5 NIKOLA OLSON 08/18/2021 09:47 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): KNIGHTHILL CENTER SUB NO 3 Sanitary Sewer&Water Main Easement Number: Identify this Basement by sequential number if Project contains more than one easement of this type, (See Instructions for additional information). THIS Easement Agreement, made thisl7thday of August 2021 between KNIGHTHILL LLC ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 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 public street, then, to such extent, such right-of.--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF,the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 4TATE OF IDAHO } ) ss County of Ada } This record was acknowledged before me on 1 (date) by ,Lakyt R. 17,E (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of '�i n(�,��'di� (name of entity on behalf of whom record was executed), in the following representative capacity: vuCcr- (type of authority such as officer or trustee) HCJ=DAHO CMIVII Not` Sign re N SMy Commission Expires: < r)._ ; Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-17-2021 Attest by Chris Johnson, City Clerk 8-17-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 8-17-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 Professional Engineers, Land Surveyors and Planners V4 924 3' St. So. Nampa, ID 83651 A, 5 5 C)C.I Inc. Ph (208) 454-0256 Fax (208) 467-4130 e-mail:dholzhe r�tl ,masonandassociates_us FOR: JRW Construction JOB NO.: JN0721 DATE: July 26, 2021 SEWER & WATER EASEMENT An easement of land being a portion of Lot 8 and a portion of Lot 9 Block I of Knighthill Center Subdivision No. 3 in the NEI/4 NEI/4 of Section 26,Township 4 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at the northeast corner of the NEI/4 NEI/4; Thence N 890 38'45" W a distance of 354,16 feet along the north boundary of the NEI/4 NE1/4 to a point; Thence S 00155' 12" W a distance of 70.00 feet to the northwest corner of Lot 8 Block I of Knighthill Center Subdivision No. 3; Thence S 89' 38'45" E a distance of 147.35 feet along the northerly boundaries of Lots 8 & 9 Block I of Knighthill Center Subdivision No. 3; Thence S 00' 00' 00" W a distance of 209.4I feet to the POINT OF BEGINNING of said easement; Thence S 00' 00' 00" W a distance of 28,34 feet to a point on the south boundary of Lot 9 Block 1 of Knighthill Center Subdivision No. 3; Thence N 90' 00' 00" W a distance of 57,19 feet along the south boundaries of Lots 8 &9 Block I of Knighthill Center Subdivision No. 3; Thence N 451 00' 00" E a distance of 40,08 feet; Thence N 90' 00' 00" E a distance of 28.85 feet to the POINT OF BEGINNING of said easement. Also, this easement is subject to all easements and rights-of-way of record or implied. ma.5c:)n �y .e ,.�ssaciat�s /n�. f Professional Engineers, Land Surveyors and Planners ( ` �,�� Page 1 of 1 OF ��i� HOV LOTS 8 & 9 BLOCK 1 OF KNIGHTHILL CENTER MOBDIWSION No. 3 IN THE NE 114 NE 1A SECTION 26, T. 4 N., R. 1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2021 8AS75 OF BEARING+--2e a4'------- W. CfifNDEN 81VD._-----.. U N J/4 CGR. 227,iee' J34.16' _•—__'____-__—___�.....,,____ CPdt-Mr. SEC.26 tJ.Epe1£ 2e 2s No.2Pt7072470 CP4F VSR N'Q 2017072468 I i i PLs I 147.J6' l42tg ! _ -- Pt5 _-_ '_ _____________ _____ ________ _.___ __I___ 1. ff2fg I J $Y ! Q'.P Lai LINE $ I t +f i PARCn .h r+ Pcrcaf a f 0.605 Ac. 0,799 Ar.. I , I I 1 ACHO P£N4ANENT 6,c PONT '001 i fA5%"f INST.NQ f7 f0269s2 N9a'f10 I t N16tl0'C0' Sa+JO'00'N' I 2aJv L r J i i i Pil s7.7a -J a j I SEC ?Ws 6 mm no.sals-IZP- I; No. 019027 LEGEND Found olumfnm cop monument A Found 518 Inch dla. Iron pin ----------- Subdlvislon boundary tine Lot Line —^--------'---' Section tine Proposed easement line WATER �^ --------------------- Existing easement fine & SEWER EASEMENT EXHBI9 -- — — — — - 26•ACND permanent Basemen LOTS 8 & 9 BLOCK 1 OF KNIGHTHILL CENTER SUBDIVISION No. 3 Cross Access Easement, --- ----- -------- - Grovfty irrigation Easement for Joe N0, JN0721 Settfers Irrigation District Adjacent lot Nne Prore>asJonsl Enclnesra, 01Ni No, SEWER WATER c�J` on Land Manners 77e line �y� s Plannenners SCALEr NYS REV a Did tot line 55(7C1c3eS ax�tst s7tz°ssr FIELD BOOK NO. � far��7d131 ORAWN BY: I DATE.- JH 7/2"'1 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: The Oaks North Subdivision No. 10 Sanitary Sewer and Water Main Easement A ADA COUNTY RECORDER Phil McGrane 2021-122822 BOISE IDAHO Pgs=5 ANGIE STEELE 08/18/2021 09:47 AM CITY OF MERIDIAN, IDAHO NO FEE G Oaks North Subdivision No. 10 Sanitary Sewer and Water Main Easement A THIS Easement Agreement, made this 17th day ofL Aug�jst 20 21- between Toll Southwest LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVEAND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 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 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: C?Z* — Susan Stanley, Idaho Division President STATE OF MAHO ) ) ss County of Ada ) This record was acknowledged before me on 9'3� 2-1 (date) by Susan Stanley (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Toll Southwest LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Idaho Division President (type of authority such as officer or trustee) SAB TSGHI COMM��:I�#6693 NOTARY PUBLIC STATE OF IDAHO Notary Signature MY COMMISSION EXPIRES 04/27/2024 My Commission Expires- ��2� e Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN RobertE. Simison,Mayor 8-17-2021 Attest by Chris Johnson, City Clerk 8-17-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-17-2021 (date) by Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 Exhibit A MERIDIAN SEWER & WATER DISTRICT EASEMENT THE OAKS NORTH SUBDIVISION NO. 10 / EASEMENT A LOCATED IN THE SW a OF SECTION 28, T.4N., RAW., B.M. 1/4 MERIDIAN, ADA COUNTY, IDAHO 29 6M 28 I I S8859'18"E POINT OF-o_1 ! BEGINNING Ito cq zl N NI 100 WI CV� i p� OI O (V O c' M !VI m l z 21 N I S88-59-18"E I L.50' 3 ' I low N O I N88'S9'18"W "' 37.50' ° �s I � - - 1 � Iz i 29 28 W. MUM ROAD 28 _ N89'16'58"W 2635.25' _ _ A L/4 32 33BLJ 33 0' 25' 50' 100, �O.,tkp.4 L.A Np s TE 111 [$tea 2 1 r� Land Surveying and Consulting N w 231 E 5TH ST.STE A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www landsolutions biz ,lOfd NO 18-35 Exhibit B Legal Description City of Meridian Sanitary Sewer and Water Easement A The Oaks North Subdivision No. 10 An easement located in the SW % of Section 28, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the northwest corner of the SW % (W '/4 corner) of said Section 28, from which a Brass Cap monument marking the southwest corner of said SW% bears S1°00'42" W a distance of 2630.85 feet; Thence S 51°08'01" E a distance of 282.43 feet to the POINT OF BEGINNING; Thence S 88'59'18" E a distance of 20.00 feet to a point; Thence S 1°00'42" W a distance of 82.10 feet to point; Thence S 88'59'18" E a distance of 17.50 feet to a point; Thence S 1°00'42" W a distance of 20.00 feet to point; Thence N 88'59'18" W a distance of 37.50 feet to a point; Thence N 1°00'42" E a distance of 102.10 feet to the POINT OF BEGINNING. This easement contains 2,392 square feet more or less and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC aN�L LANp July 19, 2021 5` �,. S T G,p 1 118 n `� o F LeTdn The Oaks North Subdivision No.10 �� ng Lantl SUrveying and Consulting City of Meridian Sewer&Water Easement Job No. 18-35 Page 1 of 1 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: The Oaks North Subdivision No. 10 Sanitary Sewer and Water Main Easement B ADA COUNTY RECORDER Phil McGrane 2021-122824 BOISE IDAHO Pgs=5 NIKOLA OLSON 08/18/2021 09:49 AM CITY OF MERIDIAN, IDAHO NO FEE Oaks North Subdivision No. 10 Sanitary Sewer and Water Main Easement B THIS Easement Agreement, made thisl?th day of August 2021 between Toll southwest LLC ("Grantor")an t e tty of Ve—ndian, an Idaho untctpa orporation rantee AS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement lZhV 01/01/2020 i 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 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: C �4vte"Z Susan Stanley, Idaho Division Presid STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 3 2 (date) by Susan Stanley (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Toll Southwest LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Idaho Division President (type of authority such as officer or trustee) 5��pURTSCHI C MIS ((❑N #46693 NOTARY PUBLIC STATE OF IDAHO Notary Signature MY COMMISSION EXPIRES 04/27/2024 My Commission Expires: �- Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-17-2021 Attest by Chris Johnson, City Clerk 8-17-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-17-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 Exhibit A MERIDIAN SEWER & WATER DISTRICT EASEMENT THE OAKS NORTH SUBDIVISION NO. 10 / EASEMENT B LOCATED IN THE SW a OF SECTION 28, T.4N,, RAW., B.M. 1/4 MERIDIAN, ADA COUNTY, IDAHO 29028 1 I ��s .'-.!D. I I �M 0P lV U' I Z ¢' ,, S89'21'17'E SQ'38'43"W 200.75' 20.00' of g POINT OF BEGINNING �� 30.76 al z p u? E5892117"E 1,316 SF Rpppi co SU DD O�kS J N89'21'17"W rn IQ 51.50' l � to ! z 2928 W, McWIILLAN ROAD 114 28 _ w _N8916'58_W 2635.25' Y _ _ � 32 33 33 ,a10AL LA No 0' 25' 50, 100, d 11118 "" ON W.\A ��—Land Surveying and Consulting 231 E 5TH ST,STE A MERIDIAN,ID M42 (208)2aB-2040 (208)280-2557 fax www landsolutions.biz JOB NO. 18-35 Exhibit B Legal Description City of Meridian Sanitary Sewer and Water Easement B The Oaks North Subdivision No. 10 An easement located in the SW '/ of Section 28, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows.- Commencing at an Aluminum Cap monument marking the northwest corner of the SW '/4 (W 1/ corner) of said Section 28, from which a Brass Cap monument marking the southwest corner of said SW'/4 bears S1°00'42"W a distance of 2630.85 feet; Thence S 65)44'10" E a distance of 1009.62 feet to the POINT OF BEGINNING; Thence S 89021'17" E a distance of 20.75 feet to a point; Thence S 0°38'43" W a distance of 20.00 feet to point; Thence S 89°21'17" E a distance of 30.75 feet to a point; Thence S 0°38'43" W a distance of 17.50 feet to point,- Thence N 89021'17" W a distance of 51.50 feet to a point; Thence N 0°38'39" E a distance of 37.50 feet to the POINT OF BEGINNING. This easement contains 1,316 square feet more or less and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC ,o�p LA N0 July 19, 2021 5 S T E G� 0 �- 11118 a-��►`►(� �° �� yTE 0 F TO N W N� r The Oaks North Subdivision No. 10 j" � ry ��ng City of Meridian Sewer&Water Easement B Land Surveying and Consulting Job No. 18-35 Page 1 of 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: The Oaks North Subdivision No. 10 Sanitary Sewer and Water Main Easement c ADA COUNTY RECORDER Phil McGrane 2021-122825 BOISE IDAHO Pgs=5 ANGIE STEELE 08/18/2021 09:50 AM CITY OF MERIDIAN, IDAHO NO FEE The Oaks North Subdivision No. 10 Sanitary Sewer and Water Main Easement C THIS Easement Agreement, made this 17thday of August 20 21 between Toll Southwest LLC ("Grantor")and the City of Meridian, an Idaho Municipal Corporation("Grantee"), - WHEREAS,AS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others, and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXIIIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE TO FOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 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 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Susan Stanley, Idaho Division President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Susan Stanley (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Toll Southwest LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Idaho Division President (type of authority such as officer or trustee) SR iNA URTSCHI r CO N#46693 �� NOTARY PUBLIC _C STATE OF IDAHO Lary Signature MY COMMISSION EXPIRES 04/27/2024 My Commission Expires: Ll' Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 8-17-2021 Attest by Chris Johnson, City Clerk 8-17-2021 STATE OF IDAHO, ) : ss County of Ada ) This record was acknowledged before me on 8-17-2021 Gate) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires : 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 Ep - Exhbit--A - MERIDIAN SEWER & WATER DISTRICT EASEMENT THE OAKS NORTH SUBDIVISION NO. 10 / EASEMENT C LOCATED IN THE SW a OF SECTION 28, T.4N., R.1 W., B.M. 1/4 MERIDIAN, ADA COUNTY, IDAHO 29 28 I 00 AO m1. SAD CN ZI s��o N'�ks o 70 oRTti -- �I S8859'18"E POINT OF z 20A0' l BEGINNING) :A:m d N �O a 1580 5F R;pI QN ZL_ 20.00' N88'59'18"W I � to I � I � I Z 29 28 W. McMILLAN ROAD 28 _ � N89'16'58'W 2635.25' _ _ 1' �! 32 33 33 oN{,L LA 1y�� 0' 25' 50, 100, L �dSo a'4rirl � I utio n S OF , �� Land Surveying and Consulting ❑� W.>�A �" Y� 9 9 231 E 5TH ST,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)280-2557 fax www.landsolutions.biz 148 N0. 1B-JS Exhibit B Legal Description City of Meridian Sanitary Sewer and Water Easement C The Oaks North Subdivision No. 10 An easement located in the SW %4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the northwest corner of the SW % (W '/4 corner) of said Section 28, from which a Brass Cap monument marking the southwest corner of said SW'/ bears S1°00'42" W a distance of 2630.85 feet; Thence S 26054'53" E a distance of 1611.09 feet to the POINT OF BEGINNING; Thence S 88'59'18" E a distance of 20.00 feet to a point; Thence S 1 000'42" W a distance of 29.00 feet to point; Thence N 88°59'18" W a distance of 20.00 feet to a point; Thence N 1*00'42" E a distance of 29.00 feet to the POINT OF BEGINNING. This easement contains 580 square feet more or less and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC `a,4AI. LA NO s July 19, 2021 �5. �r;1S T c o -� a 11118 X TONW . � � The Oaks North Subdivision No. 10 aLand Surveying and Consul[Ing City of Meridian Sewer&Water Easement C Job No. 18-35 Page 1 of 1 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Speedy Quick (CR-2021-0003) by Clark Wardle, Located at 2560 S. Meridian Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- , AND DECISION&ORDER A 1 In the Matter of the Request for City Council Review of the Planning Director's determination that a Reduced 5-foot Interior Setback Specified in UDC Table 11-2B-3 did not apply to a new Structure Proposed for Construction on the Property Located at 2560 S.Meridian Road,by Clark Wardle. Case No(s). CR-2021-0003 For the City Council Hearing Date of: July 6, 2021 (Findings on 08/10/2021) A. Findings of Fact 1. Hearing Facts(see attached Director's Determination letter for the hearing date of July 6,2021, incorporated by reference) 2. Process Facts (see attached Director's Determination letter for the hearing date of July 6, 2021, incorporated by reference) 3. Application and Property Facts(see attached Director's Determination letter for the hearing date of July 6, 2021, 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 as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The letter 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. 6. That the City Council has ruled in favor of the Director in accordance with this determination letter dated May 5, 2021,which was reviewed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department and any affected party requesting notice. 7. That this decision upheld the Director's interpretation of the setbacks set in UDC Table 11-2B-3 that apply to the subject property in the letter for the hearing date of July 6, 2021, incorporated by reference. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(SPEEDY QUICK-CR-2021-0003) - 1 - 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 City Council Review of the Director's determination regarding the dimensional standards set forth in UDC Table 11-2B-3 is hereby upheld per the Director's Determination letter for the hearing date of July 6,2021, attached as Exhibit A based on the following reasons: • The Council review of the Ordinance was to determine if the change in minimum setback for an existing building that is being re-used can be less than the allowed setback in the designated zone for a new building; and • The City Council agrees with the analysis and interpretation of the Director's Determination that was the basis of the Council's review,and is incorporated by reference to this decision; and • The Council determined that the language on its face could be construed in more than one way,but in evaluating the intent of the interpretation to apply to a re-use of an existing structure was more reasonable interpretation to apply to the single residential building,but not to any new buildings to be constructed on the site; and • The intent of the code was to grant limited leeway to re-use an existing structure,but not simply waive all setback requirements entirely. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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. E. Attached: Director's Determination letter for the hearing date of July 6,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(SPEEDY QUICK-CR-2021-0003) -2- By action of the City Council at its regular meeting held on the 17th day of August 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert Simison 8-17-2021 Attest: Chris Johnson 8-17-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 8-17-2021 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(SPEEDY QUICK-CR-2021-0003) -3- Mayor Robert E. Simison I City Council Members: E DIAN?� Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault A r i Luke Cavener Liz Strader May 5, 2021 Joshua J: Leonard Clark Wardle 251 E. Front Street Suite 310 P.O. Box 639 Boise, ID 83701 Dear Mr. Leonard: This letter is in response to your request for a Director's Determination as set forth in your letter dated April 12, 2021. A Certificate of Zoning Compliance (CZC) and Design Review are presently being processed to allow a mobile dispatch company in the Limited Office Zoning District(L-O) located at 2560 S. Meridian Rd(Speedy Quick CZC, DES A-2020-0135). Project scope includes an exterior fagade improvement to an existing 1,700 sq. ft. residential structure, a new 27 space parking lot, outdoor storage yard,required landscaping and new 2,500 sq. ft. storage building. A conditional use was approved for this use on June 22, 2017 (H-2017-0031). In your April 12, 2021 letter, you assert that a 5' side setback should be required rather than a 10' setback for the proposed 2,500 sq. ft. new storage building at the southeast portion of the property. Your explanation for this setback reduction is that in Table 11-2B-3,regarding dimensional standards in the commercial district,the interior side setback in the L-O zoning district is shown as "10152"with a note below which states "minimum setback only allowed with reuse of existing residential structure". You contend this project involves the reuse of the existing residential structure at the southwestern portion of the property(adjacent to S. Meridian Rd), all new structures on the property are also entitled to this reduced setback. You believe that "staff improperly and incorrectly read into this section of the UDC. (The letter also mentions the setback reduction should likewise be applied to the landscape buffer. Reduction in landscape buffer to residential uses is not applicable under this code section however, it is eligible through the Alternative Compliance (ALT)process. This has already been requested as part of the CZC submittal.) As staff mentioned in their February 25, 2021 email,the 5' setback allowance in UDC 11-2B-3 is to address the existing homes along arterials that may convert to office uses. As an example,to explain the intent, staff noted most of the residential structures in this area were constructed with a 5-foot setback, and if rezoned from residential to office, requiring a 10' setback would create a non-conforming structure if this exception in the UDC did not exist. This setback reduction has been interpreted correctly and does not extend to all new structures that are proposed for construction on the same property. Community Development Department- 33 E. Broadway Avenue, Ste. 201, Meridian, ID 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.rneridiancity.org Joshua J. Leonard Page 2 If you have any questions or concerns regarding these determinations,please feel free to call me at 208-884-5533. Sincerely, Caleb Hood,AICP Planning Division Manager 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for The Oasis (CR-2021-0004) by Robert Black Jr. of Land Baron Investments, Located at 3185 E. Ustick Rd. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAWC�VERJDIAN4_"_11 AND DECISION & ORDER D A H O Date of Order: August 17, 2021 Case nos.: H-2021-0004; CR-2021-0004; CR-2021-0005 Applicant: Brian Tsai In the Matter of: Request for Conditional Use Permit for an approximately 7,000 square foot drinking establishment, music venue, and nightclub on a portion of 3185 E. Ustick Road, in the C-G zoning district Pursuant to testimony and evidence received regarding this matter at the public hearing before Meridian City Council on July 20, 2021, as to this matter, the Meridian City Council enters the following findings of fact, conclusions of law, final decision, and order. A. Findings of Fact. Meridian City Council finds that: 1. The site is not large enough to accommodate the proposed use, particularly as to the portion of the site that would be needed for the addition of parking facilities adequate to serve the proposed use, while also meeting the dimensional and development regulations applicable to the C-G district. The conditions proposed to decrease parking needs are inadequate to mitigate the lack of adequate space to accommodate the proposed use. 2. The proposed use is not harmonious with the mixed use regional designation of the Meridian Comprehensive Plan. While the proposed use will contribute to the variety of uses in the area, the proposed use is not functionally compatible with other uses in the area, including nearby residential and other commercial uses. Due to the noise,parking, and access impacts inherent in the proposed use, any conditions proposed to mitigate these impacts of the proposed use will be insufficient to integrate the proposed use and other existing uses in the area. 3. The design, construction, operation and maintenance of the use will not be compatible with other uses in the general neighborhood or with the existing character of the general vicinity. The residential neighborhood and existing commercial uses are not compatible with the proposed use, particularly as to noise, parking, and access issues presented by the placement of the proposed use at this location. Noise from music, traffic, and crowds is an inherent impact of the proposed use. The general neighborhood includes residential uses, the character and hours of which are incompatible with the proposed use. For this reason, conditions are not available to mitigate this inherent impact. The Applicant did assert that the noise from the proposed use would not exceed the ambient noise from traffic on Eagle Road, but Council does not find this assertion to be credible, in part because the record did not include a third parry noise study or other data verifying this assertion. Available parking is inadequate to accommodate the proposed use in a manner compatible with existing and entitled uses at the site. Applicant has not secured a cross-parking agreement with the adjacent commercial property. The proposed conditions under which the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER The Oasis—FILE#H-2021-0004;CR-2021-0004;CR-2021-0005 Page 1 operator of the proposed use would scale operations and building occupancy to accommodate parking resources and encourage carpooling and use of ride share services are inadequate to mitigate the impacts presented to other businesses and residences by the proposed use's foreseeable parking demand. The parking facilities available at this site are inadequate to serve the proposed use. While access and cross-access points available within the site and at public rights-of-way may meet minimum standards for commercial uses, this specific proposed use will foreseeably generate periods of high-volume vehicle traffic ingress and egress to the site that will overwhelm the standard access points. Available access, both internal and external, is not available to accommodate both this proposed use and other existing or entitled uses. The nature and timing of traffic arriving at and leaving this proposed use will overwhelm, conflict with, and present incompatibility with, other commercial uses at the site as well as the nearby residential neighborhood. General information in the record regarding adequacy of the available access for general commercial uses is not persuasive as applied to this specific proposed use. The proposed condition under which the operator of the proposed use would encourage patrons to use nonresidential traffic routes is inadequate to mitigate the impacts presented by access to and from the site. The operational methods suggested as solutions to mitigate these effects are inadequate to address the impacts of noise on other uses in the area. Due to the noise,parking, and access impacts inherent in the proposed use, any conditions proposed to mitigate these impacts of the proposed use will be insufficient. 4. The design, construction, operation and maintenance of the use will not be compatible with the existing character of the general vicinity. The proposed use will change the essential character of the area due to the nature of the use itself, and the conditions proposed or otherwise available are inadequate to mitigate this impact. 5. The proposed use will adversely affect other property in the vicinity even if it complies with proposed or otherwise available conditions of approval. Available parking is inadequate to accommodate the proposed use as well as existing or entitled uses at the site. Conditions are inadequate to mitigate these and other adverse impacts inherent in the proposed use. 6. The proposed use will be detrimental to the economic welfare of other existing or entitled uses at the site, because the proposed use will consume a disproportionate portion of the available parking resources. Appropriate conditions are not available to adequately mitigate this and other adverse economic impacts of the proposed use on other properties. 7. The proposed use involves activities that will be detrimental to any persons,property, and/or the general welfare by reason of excessive noise. The noise mitigation measures proposed, and any available measures, will not adequately abate the noise inherent to this proposed use. B. Conclusions of law. Meridian City Council concludes that: 1. The relevant criteria and standards for review of a Conditional Use Permit application are set forth in Meridian Unified Development Code section 11-5B-6(E). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER The Oasis—FILE#H-2021-0004;CR-2021-0004;CR-2021-0005 Page 2 2. Given the facts set forth above, denial of the requested Conditional Use Permit is appropriate, as the application fails to comply with the criteria and standards set forth in Meridian Unified Development Code section 11-5B-6(E). 3. Pursuant to Idaho Code § 67-6503, the City has acted in accordance with all applicable provisions of the Local Land Use Planning Act("LLUPA"), codified at Chapter 65, Title 67, Idaho Code, in this matter. 4. The Meridian City Council takes judicial notice of its Unified Development Code, codified at Title 11 Meridian City Code, all current zoning maps, and Comprehensive Plan. C. Order. Pursuant to the above findings of fact and conclusions of law, Meridian City Council hereby orders that the Applicant's request for Conditional Use Permit is denied. D. Final decision. Upon approval by majority vote of the City Council, this is a final decision of the governing body of the City of Meridian. E. Judicial review. Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may, within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52, title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 17th day of August, 2021. Robert E. Simison 8-17-2021 Mayor Attest: Chris Johnson 8-17-2021 City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER The Oasis—FILE#H-2021-0004;CR-2021-0004;CR-2021-0005 Page 3 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for The Oasis (CR-2021-0005) by Michael and Cherilyn Kynaston and Jon and Cheri Hoeger, Located at 3185 E. Ustick Rd. Page 43 Item#8. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAWC�VERJDIAN4_"_11 AND DECISION & ORDER D A H O Date of Order: August 17, 2021 Case nos.: H-2021-0004; CR-2021-0004; CR-2021-0005 Applicant: Brian Tsai In the Matter of: Request for Conditional Use Permit for an approximately 7,000 square foot drinking establishment, music venue, and nightclub on a portion of 3185 E. Ustick Road, in the C-G zoning district Pursuant to testimony and evidence received regarding this matter at the public hearing before Meridian City Council on July 20, 2021, as to this matter, the Meridian City Council enters the following findings of fact, conclusions of law, final decision, and order. A. Findings of Fact. Meridian City Council finds that: 1. The site is not large enough to accommodate the proposed use, particularly as to the portion of the site that would be needed for the addition of parking facilities adequate to serve the proposed use, while also meeting the dimensional and development regulations applicable to the C-G district. The conditions proposed to decrease parking needs are inadequate to mitigate the lack of adequate space to accommodate the proposed use. 2. The proposed use is not harmonious with the mixed use regional designation of the Meridian Comprehensive Plan. While the proposed use will contribute to the variety of uses in the area, the proposed use is not functionally compatible with other uses in the area, including nearby residential and other commercial uses. Due to the noise,parking, and access impacts inherent in the proposed use, any conditions proposed to mitigate these impacts of the proposed use will be insufficient to integrate the proposed use and other existing uses in the area. 3. The design, construction, operation and maintenance of the use will not be compatible with other uses in the general neighborhood or with the existing character of the general vicinity. The residential neighborhood and existing commercial uses are not compatible with the proposed use, particularly as to noise, parking, and access issues presented by the placement of the proposed use at this location. Noise from music, traffic, and crowds is an inherent impact of the proposed use. The general neighborhood includes residential uses, the character and hours of which are incompatible with the proposed use. For this reason, conditions are not available to mitigate this inherent impact. The Applicant did assert that the noise from the proposed use would not exceed the ambient noise from traffic on Eagle Road, but Council does not find this assertion to be credible, in part because the record did not include a third parry noise study or other data verifying this assertion. Available parking is inadequate to accommodate the proposed use in a manner compatible with existing and entitled uses at the site. Applicant has not secured a cross-parking agreement with the adjacent commercial property. The proposed conditions under which the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER The Oasis—FILE#H-2021-0004;CR-2021-0004;CR-2021-0005 Page 1 page 44 Item#8. operator of the proposed use would scale operations and building occupancy to accommodate parking resources and encourage carpooling and use of ride share services are inadequate to mitigate the impacts presented to other businesses and residences by the proposed use's foreseeable parking demand. The parking facilities available at this site are inadequate to serve the proposed use. While access and cross-access points available within the site and at public rights-of-way may meet minimum standards for commercial uses, this specific proposed use will foreseeably generate periods of high-volume vehicle traffic ingress and egress to the site that will overwhelm the standard access points. Available access, both internal and external, is not available to accommodate both this proposed use and other existing or entitled uses. The nature and timing of traffic arriving at and leaving this proposed use will overwhelm, conflict with, and present incompatibility with, other commercial uses at the site as well as the nearby residential neighborhood. General information in the record regarding adequacy of the available access for general commercial uses is not persuasive as applied to this specific proposed use. The proposed condition under which the operator of the proposed use would encourage patrons to use nonresidential traffic routes is inadequate to mitigate the impacts presented by access to and from the site. The operational methods suggested as solutions to mitigate these effects are inadequate to address the impacts of noise on other uses in the area. Due to the noise,parking, and access impacts inherent in the proposed use, any conditions proposed to mitigate these impacts of the proposed use will be insufficient. 4. The design, construction, operation and maintenance of the use will not be compatible with the existing character of the general vicinity. The proposed use will change the essential character of the area due to the nature of the use itself, and the conditions proposed or otherwise available are inadequate to mitigate this impact. 5. The proposed use will adversely affect other property in the vicinity even if it complies with proposed or otherwise available conditions of approval. Available parking is inadequate to accommodate the proposed use as well as existing or entitled uses at the site. Conditions are inadequate to mitigate these and other adverse impacts inherent in the proposed use. 6. The proposed use will be detrimental to the economic welfare of other existing or entitled uses at the site, because the proposed use will consume a disproportionate portion of the available parking resources. Appropriate conditions are not available to adequately mitigate this and other adverse economic impacts of the proposed use on other properties. 7. The proposed use involves activities that will be detrimental to any persons,property, and/or the general welfare by reason of excessive noise. The noise mitigation measures proposed, and any available measures, will not adequately abate the noise inherent to this proposed use. B. Conclusions of law. Meridian City Council concludes that: 1. The relevant criteria and standards for review of a Conditional Use Permit application are set forth in Meridian Unified Development Code section 11-5B-6(E). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER The Oasis—FILE#H-2021-0004;CR-2021-0004;CR-2021-0005 Page 2 page 45 2. Given the facts set forth above, denial of the requested Conditional Use Permit is appropriate, as the application fails to comply with the criteria and standards set forth in Meridian Unified Development Code section 11-5B-6(E). 3. Pursuant to Idaho Code § 67-6503, the City has acted in accordance with all applicable provisions of the Local Land Use Planning Act("LLUPA"), codified at Chapter 65, Title 67, Idaho Code, in this matter. 4. The Meridian City Council takes judicial notice of its Unified Development Code, codified at Title 11 Meridian City Code, all current zoning maps, and Comprehensive Plan. C. Order. Pursuant to the above findings of fact and conclusions of law, Meridian City Council hereby orders that the Applicant's request for Conditional Use Permit is denied. D. Final decision. Upon approval by majority vote of the City Council, this is a final decision of the governing body of the City of Meridian. E. Judicial review. Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may, within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52, title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 17th day of August, 2021. Robert E. Simison 8-17-2021 Mayor Attest: Chris Johnson 8-17-2021 City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER The Oasis—FILE#H-2021-0004;CR-2021-0004;CR-2021-0005 Page 3 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Memorandum of Understanding and Agreement Between the City of Meridian and Meridian Rural Fire Protection District Item#9. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Fire Chief Kris Blume Meeting Date: August 10, 2021 Presenter: Fire Chief Kris Blume Estimated Time: 5 minutes Topic: MOU with Meridian Rural Fire Protection District Recommended Council Action: Requesting Mayor's signature on the annual Memorandum of Understanding and Agreement between the Meridian Rural Fire Protection District and the City of Meridian. This MOU references the original Service Contract and JPA dated 9/22/1998 and states the percent of contribution from the District to the City of Meridian. The City of Meridian's Budget Analyst has updated the population and property assessment values used to calculate the Rural Fire Contract Service Fee contribution and has determined and recommended the FY2022 percentage of contribution from the District be set at 8%. The percentage rate has been accepted and approved by the Meridian Rural Fire Protection District as reflected in the attached MOU. Background: [Provide context and reasoning for the recommendation] Page 48 MEMORANDUM OF UNDERSTANDING AND AGREEMENT WHEREAS, a certain agreement entitled the "CITY OF MERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", dated September 22, 1998, (the"Agreement") exists between the City of Meridian (the "City")and the Meridian Rural Fire Protection District(the"District"); and WHEREAS, pursuant to the Agreement, the District pays a fee (the "Contract Service Fee")to the City for the protection of property, both real and personal, against fire and for life preservation services, which includes those services a fire protection district, in the state of Idaho, is authorized to and does provide (the"Fire and Life Protection Services"); and WHEREAS, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", all of which are delineated in section 8 of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the method used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; and WHEREAS,the Agreement permits the parties to amend or modify, by written amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District previously entered into a certain Memorandum of Understanding and Agreement(the "2020/2021 Budget Year Memorandum"), dated September 1, 2020, a copy of which is on file in the records of the City and the records of the District respectively,pursuant to which the City and the District amended and modified the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2020/2021 fiscal year, as the term "fiscal year" is defined by the Agreement, by agreeing to a particular percentage allocation of such costs and expenses as between the City and the District; and WHEREAS, the City and the District desire: (a)to confirm the expiration, end and termination of the 2020/2021 Budget Year Memorandum; and (b) pursuant to this Memorandum of Understanding and Agreement to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, by setting the percentage allocation for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget between the City and the District for the 2021/2022 fiscal year; and WHEREAS, the City and the District desire to enter into this Memorandum of Understanding and Agreement and effectuate its purposes and agreements because the City and the District,jointly and severally,through their respective Council and Board, find and conclude the citizens of the City and the District, respectively, will benefit, directly and indirectly, from its purposes and agreements as set forth herein above. MEMORANDUM OF UNDERSTANDING AND AGREEMI3N'1' 1.OR 2021/2022 FISCAI,YEAR Page-1- i r II it I NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto , the City and the District hereby acknowledge and memorialize their agreement as follows . 1 . The 2020/2021 Budget Year Memorandum is expired , terminated and ended , and of no further force or effect as of the end of the 2020/2021 fiscal year, as the term "fiscal year" is defined by the Agreement . 2 . Notwithstanding the calculated percentage of the "Gross Market Valuation Percentage", the "Population Percentage" , and the "Market Valuation" , as provided in section 8 of the Agreement, for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget, the allocation between the City and the District for the 2021 /2022 fiscal year shall be NINETY-TWO PERCENT (92%) attributable to the City and EIGHT PERCENT ( 8 %) attributable to the District. The foregoing shall be and is effective for and as of the 2021 /2022 fiscal year, and the parties shall return to the method provided in section 8 of the Agreement for determining the percentage allocation for the Contract Service Fee and the Capital Outlay Expenditure budget for subsequent fiscal years . 3 . All other terms , provisions , covenants and agreements set forth in the Agreement shall remain and be the same . 4 . The City and the District shall execute such further and additional documents and instruments necessary to give this Memorandum of Understanding and Agreement full force and effect . IN WITNESS WHEREOF , the parties have herein executed this Memorandum of Understanding and Agreement. DATED AND SIGNED this `day of , 2021 . City of Meridian By : PQ0Rp?EDgUG�s� avor Attest : �o Cily or w E IDIgN By : /W0000111061�1 /OAMO Clerk SEAL e T. REASV�F: MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2021 /2022 FISCAL YEAR Page -2- Item#9. Meridian Rural Fire Protection District By: Tks(—� Chas man Attest: By:_r�—*J. Secretary By Resolution No. 2 1-001 MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2021/2022 FISCAL YEAR Page-3- Page 51 Item#10. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Professional Services Agreement Between the City of Meridian and Billy Arnold on Behalf of Billy Blues Band, LLC for Musical Talent for Concerts on Broadway 2021 Page 52 PROFESSIONAL SERVICES AGREEMENT for MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT for MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this 17thday of August , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Billy Arnold, on behalf of Billy Blues Band, LLC, a limited liability company organized under the laws of the State of Idaho, whose address is 876 E. Monarch Street, Eagle, Idaho ("Promoter"). WHEREAS,the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza("Event"); and WHEREAS,the Parties mutually desire to present, as part of Concerts on Broadway, the music of the Billy Blues Band, a seven-piece band specializing in the performance of blues and blues rock music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. The Billy Blues Band shall perform for the public approximately fifteen (15) songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, September 11, 2021, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen-minute break during this time. In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on September 11, 2021, and the Billy Blues Band may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of two thousand dollars ($2,000.00). This payment shall constitute full compensation from City to Promoter and/or to the members of the Billy Blues Band for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of the Billy Blues Band shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. PROFESSIONAL SERVICES AGREEMENT- BILLY BLUES BAND CONCERTS ON BROADWAY PAGE I Of 5 B. Cancellation. City may, in City's sole discretion, cancel the Event and/or the Billy Blues Band's performance, for any reason, including,but not limited to, upon the order or advice of a governmental agency related to COVID-19 or other public health hazard. If City cancels the Event and/or the Billy Blues Band's performance: 1. On or prior to 5:00 p.m. on September 4, 2021: This Agreement shall be void, and neither Promoter nor the Billy Blues Band shall be entitled to payment or any other benefit hereunder. 2. Between 5:01 p.m. on September 4, 2021, and 1:00 p.m. on September 11, 2021: So long as the Billy Blues Band is present and prepared to provide services set forth in this Agreement at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the Event, or any component thereof, is cancelled due to unforeseen events not caused by Promoter, the Billy Blues Band, or the members thereof. C. Method of payment. Following the September 11, 2021 performance, Promoter shall provide City with an invoice for the amount of two thousand dollars ($2,000.00) for services provided, which City shall pay within thirty(30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III.VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open,public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and the Billy Blues Band members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of the Billy Blues Band shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Billy Blues Band's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and the Billy Blues Band shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to,policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or the Billy Blues Band shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City requests that twenty percent(20%) of any proceeds from merchandise sold at the Event be voluntarily donated to the Meridian Arts Commission. Promoter and the Billy Blues Band shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. PROFESSIONAL SERVICES AGREEMENT—BILLY BLUES BAND,CONCERTS ON BROADWAY PAGE 2 of 5 IV.TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of Event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks &Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication,broadcast or dissemination. The band shall be listed as "Billy Blues Band" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Billy Blues Band under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or Billy Blues Band, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of Billy Blues Band acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of the Billy Blues Band shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of the Billy Blues Band is an independent contractor and is not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement PROFESSIONAL SERVICES AGREEMENT- BILLY BLUES BAND CONCERTS ON BROADWAY PAGE 3 Of 5 shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of the Billy Blues Band and City or any official, agent, or employee of City. Promoter and the Billy Blues Band shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of the Billy Blues Band shall comply with any and all applicable federal, state, and local laws. I. Non-Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of the Billy Blues Band shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. 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. P. Notice.Any and all notice required to be provided by either of the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: Billy Blues Band: City Clerk Billy Blues Band, LLC City of Meridian 876 E. Monarch Street 33 E. Broadway Avenue Eagle, ID 83616 Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. PROFESSIONAL SERVICES AGREEMENT—BILLY BLUES BAND,CONCERTS ON BROADWAY PAGE 4 of 5 Q. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of the Billy Blues Band and each and every member thereof. The undersigned further warrants that he is authorized to bind the Billy Blues Band and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of the Billy Blues Band and its members. R. 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 first written above. PROMOTER: Billy Arnold Billy Blues Band CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 8-17-2021 Chris Johnson, City Clerk 8-17-2021 PROFESSIONAL SERVICES AGREEMENT- BILLY BLUES BAND CONCERTS ON BROADWAY PAGE 5 Of 5 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Task Order Between the City of Meridian and Soloman Hawk Sahlein on Behalf of Sector Seventeen, LLC for Mural Installation TASK ORDER FOR MURAL INSTALLATION This TASK ORDER FOR MURAL INSTALLATION ("Task Order") is made this 17th day of August , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Soloman Hawk Sahlein, on behalf of Sector Seventeen LLC, a limited liability company organized under the laws of the state of Idaho ("Artist"). WHEREAS, on January 19th, 2021,Artist and City entered into a Master Agreement for Professional Services:Mural Design, Installation, and Maintenance ("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, City and Meridian Centercal, LLC ("Owner") entered into a Public Art Easement Agreement, by which Agreement Owner agreed to allow City to engage an Artist for the purpose of designing a public art mural for potential installation at 2350 N. Eagle Road, in Meridian, Ada County parcel no. R 1343 720200 ("Property"); specifically, on the east-facing exterior wall of the building located at Property; WHEREAS,Artist has created a mural design that will establish a sense of place and local identity in downtown Meridian, and beautify public spaces, and Owner wishes to invite Artist to install the mural, as designed, on the east-facing exterior wall of the building located at Property, pursuant to the Public Art Easement Agreement entered into by Owners and City; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall install, on the east-facing exterior wall of the building located at Property, a large-scale, painted mural installation as depicted in Exhibit A hereto ("Mural"). Artwork design, fabrication, and installation, and Site Restoration shall comply in all respects with the RFP, with this agreement,with any applicable established industry standards, engineering standards, and with all established policies and ordinances of the City of Meridian. II. COMPENSATION. A. Total amount. The total payment to Artist for services rendered under this Agreement shall be eight thousand dollars ($8,000.00). This amount shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist under this Task Order. B. Method of payment. Artist shall provide to City invoices for services and deliverables provided pursuant to the payment schedule set forth herein, which City shall pay within thirty(30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the PROFESSIONAL SERVICES TASK ORDER-MURAL INSTALLATION PAGE I Of 4 sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Timeline: $4,000.00 shall be due to Artist within thirty(30) days of Artist's delivery of a detailed timeline for installation of the Mural, describing the estimated date of completion of each phase of the installation process. 2. Final Completion: $4,000.00 shall be due to Artist within thirty(30) days of upon Final Completion, which shall be defined as: a. Complete installation of the completed Mural, as confirmed by City and Owner; b. Final inspection and written approval of the installation of the Mural by City and Owner; c. Artist's submission to City of a recommended maintenance plan for the Mural; and d. Execution of a mutually agreed-upon acceptance agreement, to be prepared by the City Attorney's Office, to include affirmation of Artist's indemnification of City and express waiver of Artist's right, title, or interest in the Mural. III.TIME OF PERFORMANCE. A. Timeline. In the provision of services and deliverables under this Task Order, Artist shall meet the following deadlines: 1. By 5:00 p.m. by August 12, 2021: Artist shall deliver to City a detailed timeline for installation of the Mural. 2. By 5:00 p.m. by September 30, 2021: Artist shall deliver to City: a. Completely installed Mural, as defined herein and as approved in writing by City and Owner; b. Written recommended maintenance plan for the Mural; and c. Signed acceptance agreement. B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. III.GENERAL PROVISIONS. A. Master Agreement applies. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. B. Owner's and City's designated representatives. Stakeholders have vested in the following representatives the authority to provide to Artist input and approval under this Agreement. Any Stakeholder may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to Artist and to City. 1. Owner: PROFESSIONAL SERVICES TASK ORDER-MURAL INSTALLATION PAGE 2 Of 4 Lance Brown, Manager Boise Co-op lbrown(aiboisecoop.com Mark Neumann, Store Manager Boise Co-op nmeumanngboisecoop.c om 2. City: Audrey Belnap, Arts and Culture Coordinator City of Meridian abelnap@meridiancity.org C. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving same. Execution of this Task Order by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Task Order on the Effective Date first written above. ARTIST: Soloman Hawk Sahlein, Manager Sector Seventeen LLC CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 8-17-2021 Chris Johnson, City Clerk 8-17-2021 PROFESSIONAL SERVICES TASK ORDER—MURAL INSTALLATION PAGE 3 of 4 EXHIBIT A MURAL DESIGN CONCEPT �E 42 a� s - s r PROFESSIONAL SERVICES TASK ORDER—MURAL INSTALLATION PAGE 4 Of 4 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Finance Department: Proposal to Disband Third-Party Billing Proposal to Disband 3rd Party Billing What is 3rd Party Billing? The City provides property owners a service in which the City will help administer a request to assign utility services to a name (at the request of a property owner)that is not the property owner such as a renter or property management company. The assignment of a 3rd party (renter, property manager, trust, estate, etc.) to a property account allows the City to send a utility invoice to the 3rd party in lieu of the property owner. All 3rd party agreements assign the ability of the utility billing invoice to be paid by the third party in addition to the existing property owner.(Legally,anybody can make a payment to a utility account.For this discussion, we willfocus on the property owner and the 3rd party only.)All 3rd party billing requests are optional and not required by law. How to complete a 3rd Party Billing request? Current processes allow the owner of a property to authorize the City to place the utility account in a 3rd party occupant's name while maintaining liability of debt with the owner. The City does require documents to be signed by both the Owner/Authorized agent and the occupant. The City assess a $20.00 one-time set up fee for each new unique 3rd party renter and is billed to the account of record. • The City requires that the property owner complete a Billing Directive to inform the City to whom the utility invoices should be addressed too. o i.e. Property Management agreement as applicable • The City requires that the 3rd party looking to occupy a property via a private party agreement complete a Renter's Addendum to inform the City that they would like to have the utility invoice in their name. • A$20.00 one-time set up fee is assessed as account is updated for new 3rd party occupant o Annual average total Set up Fee revenue =$25,980 FY18 $ 26,620 FY19 $ 26,000 FY20 $ 25,320 Grand Total $ •40 Average $ 25,980 0 Who is responsible for paying utility bills? The City holds any and all debt against the current property owner for all municipal services regardless of an existing 3rd party agreement. With the final debt residing with the current property owner, the City eliminates the need to "chase down" 3rd party members when trying to collect any outstanding debt for the property. What resources does the City commit to 3rd party billings? Utility Billing Department currently has 1.25 staff members dedicated to the management of 3rd party billings(rental processes)along with the Finance and Water Division's using existing staffto accommodate the administration of 3rd party billing. C:\windows\TEMP\tmpB6F4.tmp Proposal to Disband 3rd Party Billing How many accounts utilize 3rd party billings? City currently has about 5,500 active accounts (or 12% of all utility accounts) that utilize the 3rd party billing process. How many staff members are dedicated to the collections of outstanding debt? City currently has zero staff dedicated to collections since the City hooks all outstanding debt to the property as compared to hooking all debt to occupants. The Utility Billing Manager will conduct monthly reviews of the outstanding debt and determine if any accounts need to be sent to an outside collection's agency. History Before the early 2000's, the City would only send invoices to the current property owner. The City would not recognize any other person/group living at the property in terms of utility management. During the early 2000's, a group of property owners/landlords brought a request to the City to consider allowing other persons/groups be added to the utility bills so all invoices could be sent to the other persons/groups instead of the property owners/landlords. At that time, Mayor Corrie agreed to work with the property owners (with a large push from Jim Furhman) and try to develop a solution for the property owners' desires to have invoices sent to the other persons/groups utilizing the actual property. The Finance and Legal department worked with Mayor Corrie to develop the 3rd Party Billing process. In the end, the property owners/landlords were requesting the City to become assistant property managers to assist with private agreements between property owners and 3rd party members. The private agreements were to be administered by the City to verify that utility bills were delivered to the 3rd party members as opposed to the property owner managing their private agreements with other persons/groups. Policy/Ordinance 9-1-5 Application for Water Supply: Paragraph B3 Third Party Billing: After establishing an account for water service, a property owner may direct that a third party, such as a property management company, or a tenant, receive the billing for water, sewer, and solid waste collection services. The third party to whom the billings are sent shall also execute such documentation as is necessary to confirm the billing information. In the event such an account becomes delinquent,the municipal billing department shall send a delinquency notice to the billing recipient, and the owner, at the addresses contained in the agreements.The city will charge a third-party billing account setup fee which must be paid at the time of the application. The fee will be set by resolution of the city council. The third-party billing agreement shall also provide that the property owner remains primarily responsible for charges assessed to the account, and further, that all unpaid charges constitute a lien against the real property. An owner may appoint an agent, to act for the owner,to establish an account, receive billings,or do anything else an owner may do,or be required to do, pursuant to this code. Case Law for State of Idaho; in order to hold the owner liable to debt occurred by another person, confirmation of terms must be agreed to in writing. C:\windows\TEMP\tmpB6F4.tmp Proposal to Disband 3rd Party Billing Proposal The Meridian Utility Billing Manager, Chief Financial Officer, and Utility Billing staff respectively request authorization to disband the 3rd Party billing system and revert back to the original process prior to the early 2000's. In essence, reverting all billing and/or applicable notices to the property owner of record only and therefore eliminating the administrative burden of acting as an administrative property manager. This proposal would require property owners/managers to determine how to collect the expenses associated to the existing property if they choose to engage in a private agreement with a 3rd party. This request will have zero impact to properties without a 3rd party agreement(88%of current accounts). This request will require a change to existing City Code. • Pros o Empower the owners to monitor/manager their own property ■ to better enforce payment from their tenants ■ identify potential issues with their properties such as leaks ■ less likely to be hit with large balances upon renter move-out ■ majority of these accounts are already under a paid property management company o Staffing resources can be focused on managing our ever-growing number of accounts ■ reduce time spent on account maintenance and management of 3rd party rental forms ■ reduce time spent on explaining the rental final bills between 3rd parties moving- in and moving-out ■ reduce time spent on researching, submitting, and processing refunds due to double payments caused by renter, owner, and property management companies all making payments to the account ■ remove City staff as a "middle man" between owners/property manages and their tenants ■ reduce time and resources of the Water Division for completing final reads for 3rd party move-outs ■ reduction of mileage driven for Water Division vehicles ■ increased time for Water Division resources to be allocated towards maintenance and operations o Reduction in the number of final bills to be processed by staff as the property owner is still the property owner ■ final bills will be limited to actual property sales o Restricting the liability to the current property owner eliminates the need to hire a collections agency to chase-down prior 3rd party occupants ■ The City has been able to keep the amount of"write-off of bad debt" extremely low. • 5-year average of write-offs has been at $11,743 (or less than .047% of all sales) C:\windows\TEMP\tmpB6F4.tmp Proposal to Disband 3rd Party Billing Companies that grant credit may experience a typical`,rite-off percentage for a year as follows: • I-MV—.065%(.00065 x Total sales) • IDEAL—.?%(.002 x Total Sales) • GOOD—.3%(.003 x Total Sales) • HIGH—.5%(.003 x Total Sales) • DANGER-1.0%(.01 xTotal Sales) • Cons • o Property owners/managers will be frustrated with the change (12%of current accounts) ■ invoices will be sent to the property owner instead of a 3rd party which will create an inconvenience for property owners • 3rd party occupants do have the ability to make payment on behalf of the property owner ■ forwarding of the bill to the tenant for payment would be at the owners'expense ■ property owners will be accountable for monthly utility fees instead of during move-in and move-out scenarios ■ 3rd party occupants may have water was turned off without them receiving notice since utility bills will be delivered to the property owner o Property owners/managers will need to determine how much to charge their 3rd parties' utilities between transitions of 3rd parties o Assuming that the City will increase in properties and population, it is likely that 3rd party billing will continue to grow o The City will reduce annual revenues by$25,980 on average from the$20.00"Set up Fee". Implementation Ideas in which to implement an official disband: • Stop accepting new directives (phased approach) o Set an effective date that no new directives would be accepted o Any directives already in place would continue until such time as the renter moves out and the account is reverted back to owner • Pull the plug(Just end it) o As of a set date, all accounts that are set up as 3rd party billing would be updated and set back to owner of record. 0 3rd party occupants currently getting the monthly bill would no longer be on the account and will stop getting notifications from City of Meridian The Finance department supports the phased approach to allow for property owners to adjust to the new way of business. Cost Impacts The Utility Billing department currently assigns 1.25 FTE's to manage the 3rd party billing process. Based on the FY2022 budget,this estimated cost for 1.25 FTE's is roughly$79k in staffing costs.The Utility billing department could repurpose the $79k in staffing costs to manage future account management growth C:\windows\TEMP\tmpB6F4.tmp Proposal to Disband 3rd Party Billing requirements thus eliminating the need to add future staff to the department for many years to come or eliminate the position in the future if process improvements prove necessary. The Water Division currently incurs a cost of about $5-$6 per final read associated with 3rd party billings for staff time and vehicle costs. If the decision is to keep the 3rd party billing program active,the City would need to increase the one-time set up fee for each account to$50(150% increase from$20) and be charged to the property owner at the time of creation.The$50 would need to be adjusted each year based on the projected number of 3rd party billing assignments created.The City has experienced the below activity since 2018. Projected 2018 2019 2020 2021 r3rdy Billings/Final Reads 1,702 1,774 1,845 1,921 Average Growth 4.23% 4.00% 4.12% What does Nampa/Boise do and provide? • Nampa • Provides the following utilities to its customers: o Water o Sewer o Trash • Utility Accounts are established in the occupant's name • City does not hold utility debt against the property o City chases occupants for debt collections • Utility Accounts are sent to collections if not paid o Customers in collections may resume Nampa service with proof of payment in full plus $150.00 deposit • 1.5 staff members are dedicated for collections • Last year's write-off amount for uncollectable utility payments was $188,800 (does not include 1.5 staff salaries) o Total utility revenues for last year was$32,097,644 o Write-off percentage rate= .5882% • Nampa currently has approximately 12,000 renter accounts • Boise • Provides the following utilities to its customers: o Sewer o Trash • Utility Accounts are established in the occupant's name • City does not hold utility debt against the property C:\windows\TEMP\tmpB6F4.tmp L-4roposal to Disband 3rd Party Billing o City chases occupants for debt collections • Utility accounts are considered delinquent if in arrears 6 months or more and will be sent to collections o Customers/occupants already in arrears cannot open a new account • 4 Staff are dedicated collection agents • Last year's write-off amount for uncollectable utility payments was $375,132 (does not include 4 staff salaries) o Total utility revenues for last year was$85,125,521 o Write-off percentage rate= .4407% • Boise currently has approximately 25,000 renter accounts • Boise is currently looking at changing processes to hold debt against the property like Meridian and is looking to us to determine how: 3rd Party billing paperwork or Owner only. Supplemental Information 3rd Party Billing Fee Calculations for Property owners Total Annual Water Costs $10,169.94 Total Annual MUBS Costs $78,860.14 Total Annual Costs for 3rd Party Billing $89,030.08 Total Water Costs per Final Read $ 5.29 Total MUBS Costs per Final Read $ 41.05 Total Costs per Final Read $ 46.35 Estimated 2021 Final Reads 1,921 Estimated 2021 Final Reads Revenue $89,030.08 C:\windows\TEMP\tmpB6F4.tmp 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fire Department: Memorandum of Understanding to Establish a Temporary Position of Captain of Logistics C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Meridian Fire Dept Meeting Date: August 17, 2021 Presenter: Fire Chief Kris Blume Estimated Time: 5 minutes Topic: MOU to Establish a Temporary Position of Captain of Logistics Recommended Council Action: This memorandum of understanding (MOU) provides for the temporary position of Captain of Logistics to be acknowledged in the collective bargaining agreement (CLA) with Local 4627. There currently is no Captain of Logistics identified in the CLA. This MOU outlines pay classification, duties, supervisor, timelines and establishment of a temporary position within the department. Background: [Provide context and reasoning for the recommendation] MEMORANDUM OF UNDERSTANDING TO ESTABLISH A TEMPORARY POSITION OF CAPTAIN - LOGISTICS This Memorandum of Understanding ("MOU") is entered into this day of , 20215 by and between IAFF Local 4627 ("UNION") and the City of Meridian ("CITY") . WHEREAS , the UNION and the CITY are parties to a Collective Labor Agreement effective February 23 , 2021 — September 30, 2023 ("CLA") covering various terms and conditions of Employment of the Firefighter employees of the CITY; and WHEREAS , the parties may enter into a Memorandum of Understanding (MOU) to address needs of the DEPARTMENT, CITY, or UNION during the course of the existing CLA; and WHEREAS , any MOU shall only be for term described in the Agreement, but in no case shall exceed the expiration of the existing CLA; and WHEREAS, the parties agree to the establishment of temporary position of Captain - Logistics ; and NOW THEREFORE, the CITY and UNION hereby agree as follows : 1 . The position of Captain - Logistics will be established as a temporarily position, consistent with Article 1 . 3 of the current CLA, and shall only last until the end of the Current CLA; and 2 . The selection process shall be defined by the DEPARTMENT; and 3 . If the parties do not add this position to the permanent identified positions in Article 1 . 2 then the position will end and the incumbent member shall return to their previous position as Captain- Suppression pursuant to Article 1 . 1 ; and 4 . The duties and responsibilities of the position shall be established by the DEPARTMENT; and 5 . The position shall report to the Division Chief of Logistics ; and 6 . The position shall be a Forty Hour per week position as described in Article 1 . 2 of the current CLA; and 7 . The position shall be paid in the same manner as the other Forty Hour per week positions and shall enter the Pay Classification table at Step 1 with progression of step movement consistent with the individual ' s time and requirements to progress to the next step ; and 8 . All other rights and privileges of the CLA shall remain in full force and effect for this position . I MEMORANDUM OF UNDERSTANDING - ESTABLISHMENT OF A TEMPORARY POSITION OF CAPTAIN - LOGISTICS The parties agree that this MOU shall expire upon the approval of a subsequent CLA between the parties or September 30, 2023 unless otherwise extended by mutual Agreement. T er untree, President Date Local #4627 PASSED by the City Council of the City of Meridian, Idaho, this I7 day of AoL/ s1 � , 2021 . APPROVED by the Mayor of the City of Meridian, Idaho, this 17 day of of r , 2021 . FrEa EDAUGvsT u APPROVED : ATTE Cil Of 1 E ID�AN* Io � Ho Ma or Robert . Si son C is son Clerk �� SEA t�yroil o/ the TREPSJ�� MEMORANDUM OF UNDERSTANDING — ESTABLISHMENT OF A TEMPORARY POSITION OF CAPTAIN - LOGISTICS