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2012-11-07 Special
Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba NOTICE OF CANCELLATION OF THE REGULARY SCHEDULED MEETING OF THE MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the regularly scheduled meeting of the Meridian Cit Council for Tuesda ,November 6, 2012 at 1:00 p.m. has been Y Y CANCELLED due to the General Election All items have been rescheduled and will be heard at a special meeting on Wednesday November 7, 2012 at 7;00 p.m. If you have any questions, please contact the City Clerk's Office at 208-888 4433. Thank you. DATED this 2nd day of November, 2012. Qv4p,T~D A U~~sT G~4 l "'9 ~~ ._ ~ ~~ _._ JAYCEE LMAN - CITY CLE E IDIAN~ IDAHO ~ ~ ~ Jan ~ ti c f ~~ e T R@ AS~~ Meridian City Council Meeting Cancellation -November 6, 2012 All materials presented at the public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~E IDIAN~-- IDAHO ^' CITY COUNCIL SPECIAL MEETING AGENDA Wednesday, November 07, 2012 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X MayorTammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of October 9, 2012 City Council Workshop Meeting B. Approve Minutes of October 16, 2012 City Council Regular Meeting C. Approve Minutes of October 23, 2012 City Council PreCouncil Meeting D. Approve Minutes of October 23, 2012 City Council Regular Meeting E. Approve Minutes of October 30, 2012 City Council Special Meeting F. Findings of Fact, Conclusions of Law for Approval: RZ 12-002 Central Valley Baptist Church by Alan Baker Located 600 N. Ten Mile Road Request: Rezone of 15.65 Acres of Land from the L-0 (Limited Office District) Zone to the C-C (Community Business District) Zone Meridian City Council Meeting Agenda -Wednesday, November 07, 2012 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Findings of Fact, Conclusions of Law for Approval: AZ 12-007 Linder Church of Christ by Linder Church of Christ Located 112 Mile West of N. Black Cat Road on the South Side of W. Ustick Road Request: Annexation and Zoning of 21.82 Acres of Land with C-C (17.35 Acres) and R-8 (4.46 Acres) Zoning Districts H. Findings of Fact, Conclusions of Law for Approval: MDA 12- 007 Centrepointe by WH Moore Company Located West Side of N. Eagle Road and North of E. Ustick Road Request: Modify the Concept Plan and Certain Provisions Contained in the Recorded Development Agreement Approved for the Centrepointe Project I. Final Order for Approval: TEC 12-010 Jericho by Viper Investments, LLC Located 6055 & 6185 N. Jericho Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineers Signature on the Final Plat J. Development Agreement for Approval: MDA 12-005 Sgroi by Nunzio Sgroi Located at 4405 E. Ustick Road Request for a Modification to the Existing Development Agreement to Allow the Development of Single-Family Residential Homes on the Site K. Contract with Mercer for Benefits Consulting for 2013 L. Approval of Contract Amendment No. 3 for "Ferric Chloride Solution" to Weschem, Inc. for aNot-To-Exceed Amount of $100,000.00 M. Memorandum of Agreement with Community Planning Association of Southwest Idaho for 2013 Orthophotography Project for the Not-to-Exceed Amount of $10,000.00 N. Amending Sub-recipient Agreements with NHS Lending, Inc. for Community Development Block Grant (CDBG) Funds 0. Approval of Award of RFQ and Authorize the Purchasing Manager to Sign the Non-Financial (Zero Dollar) Master Agreements Professional Construction Management Services - Projects Over $25,000 to the Following: • Beniton Construction. • Engineered Structures, Inc. • The Ewing Company, Inc. Meridian City Council Meeting Agenda -Wednesday, November 07, 2012 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Task Orders Issued Against These Master Agreements Will Include the City Legal Department Modified AIA Agreements P. Cooperative Agreement Between Valley Regional Transit and the City of Meridian for Annual Dues and Service Contribution for aNot-to-Exceed Amount of $104,806.00 Q. Contract with Delta Dental of Idaho, Inc. for Dental Benefits for 2013 R. Water Easements with GGR, LLC, 2D, LLC, and Sparrowhawk Business Owners Association for Camp Bow Wow S. Field Services Agreement Between the Idaho Power Company and the City of Meridian Regarding Moving and Setting of the Christmas Tree at Generations Plaza for the 2012 Holiday Festivities T. Approval of Agreements with City of Meridian Dog Licensing Designees: • Linder Pet Medical Care;1785 W. Cherry Lane, Meridian • Idaho Humane Society; 4775 Dorman Street, Boise • Treasure Valley Vet; 2600 S. Meridian Road, Meridian • Pet Care Clinic;1151 E. Fairview Avenue, Meridian • Intermountain Pet; 800 W. Overland Road, Meridian • Meridian Vet; 415 W. Franklin Road, Meridian • Settlers Park Vet; 3220 N. Meridian Road, Meridian 6. Items Moved From Consent Agenda None 7. Action Items A. Public Hearing Continued from September 18, 2012: AZ 11-003 King Property by Dexter King Located at 1195 W. Overland Road Request: Annexation and Zoning of 8 Acres of Land within an R-8 Zoning District Continued to April16, 2013 B. Public Hearing: VAC 12-005 Central Valley Corporate Park by Scott Schoenherr Located at 690 S. Industry Way (Lots 10 and 11, Block 1) Request: Vacate a 10-Foot Wide Public Utility, Drainage and Irrigation Easement Shared on the Interior Lot Line of Lot 10 and Lot 11, Block 1 Approved Meridian City Council Meeting Agenda -Wednesday, November 07, 2012 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Public Hearing: VAC 12-006 Spurwing by The Club at Spurwing, LLC Located at North of Chinden Boulevard and West of N. Linder Road Request: Vacate a Portion of N. Spurwing Way Right-of-Way (1.39 Acres) Platted with the Spurwing Subdivision Approved D. Public Hearing: AZ 12-009 Villas @Lochsa Falls by Arete Investment Group, LLC Located West Side of N. Linder Road Between Chinden Boulevard and W. McMillan Road Request: Annexation and Zoning of 5.67 Acres of Land from RUT in Ada County to the R-8 (Medium-Density Residential) Zone Approved E. Public Hearing: PP 12-008 Villas @Lochsa Falls by Arete Investment Group, LLC Located West Side of N. Linder Road Between Chinden Boulevard and W. McMillan Road Request: Preliminary Plat Approval of 31 Residential Lots and 5 Common Lots on 4.95 Acres in a Proposed R-8 Zone Approved F. Public Hearing: PP 12-011 Hacienda East by Jayo Development Located at East Side of N. Meridian Road and South of Chinden Boulevard Request: Preliminary Plat Approval of 17 Residential Lots on 2.14 Acres in an Existing R- 8Zone Approved G. Public Hearing: AZ 12-010 SGI by G4 Acquisitions, LLC Located 2420 N. Eagle Road Request: Annexation and Zoning of 1.45 Acres of Land with a C-G Zoning District Approved H. Public Hearing: CUP 12-008 SGI by G4 Acquisitions, LLC Located at 2420 N. Eagle Road Request: Conditional Use Permit for aDrive-Thru Establishment in a C-G Zoning District Within 300 Feet of an Existing Residence and Residential District Approved I. Public Hearing: PP 12-009 Zebulon Village Subdivision by The Traditions by Amyx II, LLP Located Approximately 114 Mile West of N. Eagle Road and South of E. McMillan Road Request: Preliminary Plat Approval Consisting of 40 Building Lots and 7 Common I Other Lots on 14.94 Acres of Land in the R-4 Zoning District Approved 8. Department Reports Meridian City Council Meeting Agenda -Wednesday, November 07, 2012 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Community Development: Proposed Ordinance Creating Additional Temporary Sign Allowance for Permanent Proprietors within the Ada County Highway District's Meridian Split Corridor Phase 2 Roadway Project Area B. Ordinance No. 12-1532: Temporary Sign Allowance for Permanent Proprietors within the Ada County Highway District's Meridian Split Corridor Phase 2 Roadway Project Ordinance will come back on November 13, 2012 C. Legal Department: Discussion on Update to Animal Control Code D. Ordinance No. 12-1533: Animal Control Code Updates Approved E. Information ServiceslHuman Resources: Department Update F. Solid Waste Regarding the Letter Advisory Commission: Recommendation September 26t", 2012 Ada County Response 9. Future Meeting Topics Adjourned at 9:10 a.m. Meridian City Council Meeting Agenda -Wednesday, November 07, 2012 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Citv Council Workshop November 7, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Wednesday, November 7, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parson, Sonya Wafters, Kyle Radek, Scott Colaianni, Mark Niemeyer, Caleb Hood, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Welcome to the City Council meeting. For the record it is Wednesday, November 7th, at 7:00 p.m. We will start tonight's meeting with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us to a pledge -- pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry Woodard. He is with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome, Larry. Woodard: It's always a pleasure to be here. Let's pray. Dear Heavenly Father, it is an honor to address you before each Meridian City Council meeting. This is a dual blessing that most communities miss. Tonight I pray for healing of emotions after a seemingly endless political campaign as we get down to business that really counts here locally. That you would bless both the Mayor and the Councilmen and the city employees that make this a very special community. I pray for wisdom of this Council as our city continues to change and grow. May each annexation, zone change, street improvement, new school building add to the beauty and safety of our community. Tonight, besides this Council, led by an able Mayor and dedicated Councilmen, I pray for our police, fireman, and EMTs. With drugs on the rise these are the folks who Meridian City Council November 7, 2012 Page 2 of 52 protect us and I ask your blessing on them and their families. Although they are not here, I pray for our servicemen and women from Meridian who protect us around the world. For my wife and I know what it's like to get calls from hospitals when our grandson was wounded multiple times. Please protect the families of these servicemen and comfort them. Bless this meeting tonight. Give each who participates a clear mind and a recognition that, God, you are still on your throne, in Jesus' name, amen. De Weerd: Thank you so much for joining us and kicking us off in the right spirit. Woodard: Okay. Item 4: Adoption of the Agenda. De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on tonight's agenda. Item 7-A, the applicant is requesting a continuation of that item. Under 8-B, the. ordinance number is 12-1532 and 8-D is ordinance number 12-1533. With those notes, Madam Mayor, I move adoption of the agenda as printed. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as presented. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. .Item 5: Consent Agenda A. Approve Minutes of October 9, 2012 City Council Workshop Meeting B. Approve Minutes of October 16, 2012 City Council Regular Meeting C. Approve Minutes of October 23, 2012 City Council PreCouncil Meeting D. Approve Minutes of October 23, 2012 City Council Regular Meeting Meridian City Council November 7, 2012 Page 3 of 52 E. Approve Minutes of October 30, 2012 City Council Special Meeting F. Findings of Fact, Conclusions of Law for Approval: RZ 12-002 Central Valley Baptist Church by Alan Baker Located 600 N. Ten Mile Road Request: Rezone of 15.65 Acres of Land from the L-O (Limited Office District) Zone to the C-C (Community Business District) Zone G. Findings of Fact, Conclusions of Law for Approval: AZ 12-007 Linder Church of Christ by Linder Church of Christ Located 1/2 Mile West of N. Black Cat Road on the South Side of W. Ustick Road Request: Annexation and Zoning of 21.82 Acres of Land with C-C (17.35 Acres) and R-8 (4.46 Acres) Zoning Districts H. Findings of Fact, Conclusions of Law for Approval: MDA 12- 007 Centrepointe by WH Moore Company Located West Side of N. Eagle Road and North of E. Ustick Road Request: Modify the Concept Plan and Certain Provisions Contained in the Recorded Development Agreement Approved for the Centrepointe Project Final Order for Approval: TEC 12-010 Jericho by Viper Investments, LLC Located 6055 & 6185 N. Jericho Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineers Signature on the Final Plat J. Development Agreement for Approval: MDA 12-005 Sgroi by Nunzio Sgroi Located at 4405 E. Ustick Road Request for a Modification to the Existing Development Agreement to Allow the Development of Single-Family Residential Homes on the Site K. Contract with Mercer for Benefits Consulting for 2013 L. Approval of Contract Amendment No. 3 for "Ferric Chloride Solution" to Weschem, Inc. for aNot-To-Exceed Amount of $100,000.00 M. Memorandum of Agreement with Community Planning Association of Southwest Idaho for 2013 Orthophotography Project for the Not-to-Exceed Amount of $10,000.00 N. Amending Sub-recipient Agreements with NHS Lending, Inc. for Community Development Block Grant (CDBG) Funds Meridian City Council November 7, 2012 Page 4 of 52 O. Approval of Award of RFQ and Authorize the Purchasing Manager to Sign the Non-Financial (Zero Dollar) Master Agreements Professional Construction Management Services - Projects Over $25,000 to the Following: • Beniton Construction. • Engineered Structures, Inc. • The Ewing Company, Inc. Task Orders Issued Against These Master Agreements Will Include the City Legal Department Modified AIA Agreements P. Cooperative Agreement Between Valley Regional Transit and the City of Meridian for Annual Dues and Service Contribution for aNot-to-Exceed Amount of $104,806.00 Q. Contract with Delta Dental of Idaho, Inc. for Dental Benefits for 2013 R. Water Easements with GGR, LLC, 2D, LLC, and Sparrowhawk Business Owners Association for Camp Bow Wow S. Field Services Agreement Between the Idaho Power Company and the City of Meridian Regarding Moving and Setting of the Christmas Tree at Generations Plaza for the 2012 Holiday Festivities T. Approval of Agreements with City of Meridian Dog Licensing Designees: • Linder Pet Medical Care; 1785 W. Cherry Lane, Meridian • Idaho Humane Society; 4775 Dorman Street, Boise • Treasure Valley Vet; 2600 S. Meridian Road, Meridian • Pet Care Clinic; 1151 E. Fairview Avenue, Meridian • Intermountain Pet; 800 W. Overland Road, Meridian • Meridian Vet; 415 W. Franklin Road, Meridian • Settlers Park Vet; 3220 N. Meridian Road, Meridian De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Meridian City Council November 7, 2012 Page 5 of 52 Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing Continued from September 18, 2012: AZ 11-003 King Property by Dexter King Located at 1195 W. Overland Road Request: Annexation and Zoning of 8 Acres of Land within an R-8 Zoning District. De Weerd: So, we will move to Item 7-A, which the applicant has requested a continuation. Pete. Friedman: Thank you, Madam Mayor, Members of the Council. This is another request for continuation on the annexation request by Dexter King. Property is located along Overland Road, kind of west of the new Walmart site and Freedom Storage and all of that. Mr. King has been traveling extensively out of state and we did communicate to him that this has been going on for some time and so that if the Council does approve a continuance tonight that he will be responsible for paying for renoticing of the application and maybe really should give serious thought to whether or not he wants to move forward with the request. Initially he had requested annexation, because he had a failing septic system and, then, he requested annexation to avail himself of city services. He subsequently, then, replaced his septic system. So, I guess, you know, now it's going to have to be a determination on his part whether he still wants to be in the city and, then, required to hook up to city services. So, that's the background on his request. De Weerd: Thank you, Pete. Council, any questions for staff on this request? Bird: I have none. De Weerd: Okay. Rountree: Madam Mayor? Meridian City Council November 7, 2012 Page 6 of 52 De Weerd: Mr. Rountree. Rountree: I move that we continue Item 7-A until April 16, 2013. Zaremba: Second. De Weerd: I have a motion and a second to continue this Public Hearing. Mr. Rountree, would that require renoticing at the cost of the applicant? Rountree: Yes. De Weerd: Okay. Second agree? Zaremba: Second agrees. De Weerd: Okay. I will go ahead and ask if all are in favor of the motion, please, say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: VAC 12-005 Central Valley Corporate Park by Scott Schoenherr Located at 690 S. Industry Way (Lots 10 and 11, Block 1) Request: Vacate a 10-Foot Wide Public Utility, Drainage and Irrigation Easement Shared on the Interior Lot Line of Lot 10 and Lot 11, Block 1 De Weerd: Okay. Item 7-B is a public hearing on VAC 12-005. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. First application this evening is Central Valley Corporate Park vacation. This property was platted -- it's located at 690 South Industry Way. It was platted in 1989 and included two lots. Since, then, the property has been consolidated with a record of survey through the city. A building is now constructed over top of these easements -- or the public utility easements that were platted with the project in 1989. That record of survey did not vacate the required easements. The applicant's in process of refinancing the building and a condition for obtaining a new loan on the site is vacating these easements. We have gotten the relinquishment letters from the appropriate applicable utility providers. There are no utilities within that easement. I believe Public Works is also in agreement with that being vacated. To my knowledge there aren't any other outstanding issues before you this evening and at this time I would stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions at this point? Rountree: I have none. Meridian City Council November 7, 2012 Page 7 of 52 Bird: I have none. De Weerd: Okay. Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Schoenherr: Okay. Thank you, Mayor. Scott Schoenherr. I work with Rafanelli & Nahas. Our address is 408 East Park Center in Boise. We are a local developer and we own -- we originally developed most of Central Valley Corporate Park and we own 690 South Industry and I don't really have any comments to make. Staff did a great job in the report. I'm really here more to see if you have any questions or anything. You know, we moved a lot line, we didn't vacate the easement, the building was approved, we built a building, the building currently sits over where this easement is. No one knew the easement was there until we went to refinance and through another survey we found this easement. De Weerd: Council, any questions for Scott? Bird: I have none. De Weerd: Thank you. Schoenherr: Great. Thank you very much. De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony on this item? Seeing none, Council, any questions for staff at this point or I would entertain a motion to close. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close VAC 12-005. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on 7-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAC 12-005 and include applicant and staff comments. Meridian Cily Council November 7, 2012 Page 8 of 52 Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-B. If there is no discussion from Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: VAC 12-006 Spurwing by The Club at Spurwing, LLC Located at North of Chinden Boulevard and West of N. Linder Road Request: Vacate a Portion of N. Spurwing Way Right-of-Way (1.39 Acres) Platted with the Spurwing Subdivision De Weerd: Item 7-C is a public hearing on VAC 12-006. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item is Spurwing right of way vacation. This site is located on the north side of Chinden Boulevard and west of North Linder Road. Currently this is a public street that is -- takes -- provides access to the Spurwing Subdivision in the county. In 2011 the Council approved a preliminary plat in a project called Spurwing Challenge Golf Course. That included approximately 60 acres here in this boundary and it was zoned R-8. If you recall that approval had a variance attached to that and the applicant did receive Council approval of keeping this roadway open as a public road, but it was to be a right- in, right-out only access point. Also with that subdivision approval a newer road alignment was to occur with that subdivision to align with North Long Lake at that half mile, which is consistent with the UDC. Since then the applicant has changed their mind and they want to go a different direction, so rather taking advantage of that public street access to Chinden, they would like to close that off, vacate that right of way and exchange that for the new roadway that was approved with the Spurwing Challenge Golf Course. At some future point when the final plat comes in for this property the applicant will be seeking private street application with the city to convert that and have that -- serve those lots that you see here in this exhibit. I have not received any written testimony from the applicant on the application. There are no outstanding issues before you. I would mention that Council is the recommending body on this application and ACHD will have the final say on -- on the vacation and the right way. This concludes my presentation and at this time I'd stand for any questions you have. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? Meridian City Council November 7, 2012 Page 9 of 52 De Weerd: Mr. Zaremba. Zaremba: Thanks, Bill, but clarify for me two things, if you would. Is the intention to make -- I think you said the intention is to make this a private roadway. So, the first question is are the other roads in Spurwing, like North Penncross that we see here, are those private roads and the second is are they intending to close off access to Chinden entirely? Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, this will be -- once this is vacated and converted to the private street it will be the only private street in the Spurwing Subdivision and they do intend to close this off and construct a pathway and the berming across that along Chinden to mimic what was approved with the Spurwing Challenge Golf Course. Zaremba: Thank you. But are the other streets private streets? Bird: No. Parsons: No, sir, they are not. They will be public streets and remain such. Zaremba: Thank you. De Weerd: Okay. Any other questions from Council? Is the applicant here this evening? Good evening. If you will, please, state your name and address for the record. Christensen: Madam Mayor, Members of the City Council, my name is Chuck Christensen. My address is 1904 West Overland in Boise. De Weerd: Thank you. Christensen: I'm here representing the applicant on behalf of the property owner, the Club at Spurwing and Bill presented our case clearly and just am here for any questions you might have. De Weerd: Thank you very much. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Would you be open to add a few words to this request? The request is to have the right of way be vacated. I would also like to add to be quite specific for any future action on this property that the access as well be vacated. Meridian City Council November 7, 2012 Page 10 of 52 Christensen: The access on Chinden? Rountree: Yes. Christensen: That's fine. Rountree: Okay. De Weerd: Okay. Any other questions, comments for the applicant? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess I'm curious about why we would make this one -- one section of all your streets private if it's going to be, essentially, cul-de-sac'd, I can't see very much random traffic going up and down it and you understand the obligation with a private street is you -- you become the maintainer and replacer of it if maintenance is needed. It already meets ACHD standards and it would seem to me to make sense to leave that road a public road. I can't see it drawing very much traffic. Christensen: Part of it, Councilman Zaremba, is -- is to avoid the cul-de-sac at the end of the street. We are going to build an emergency turnaround and we will have five lots located on the street. Also, we intend to build a gate at the north end of the street to restrict traffic into that area. Zaremba: Which brings me wanting an opinion from the fire department Niemeyer: Madam Mayor, Councilman Zaremba, it piqued my ears as well, just not seeing the plans. We certainly do have concerns with gates, especially if they require an access code or they are locked in some manner. It does certainly prevent access into the area that we are going into. We are not real friendly with gates when it comes to trying to get fire apparatus through them. Zaremba: And it sounds like they are also not wanting a turnaround at the far end of it. Can that work for the fire department? Niemeyer: Again, Councilman Zaremba, I'd have to look at the plans and talk with -- Chief Palmer reviewed this, but it would appear looking at this we could have a T turn around there at the -- at the end of that, but, again, I'd have to confirm that with Chief Palmer. Zaremba: Thank you. Christensen: That's what we intend to do, by the way. Of course we -- this -- all that stuff would be part of the private street application. We would work with the fire Meridian City Council November 7, 2012 Page 11 of 52 department in the gate design, whether that's a closed gate or some sort of a monument thing, we will work that out with them. Zaremba: Thank you. De Weerd: Okay. Any further questions? Bird: I have none. De Weerd: Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Council, any further questions? Could I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 7 -- De Weerd: No. Can we close the public hearing first. Rountree: Oh. Close the public hearing first. De Weerd: Yes. Rountree: Yes. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Rountree. Rountree: Now I move to approve Item 7-C, VAC 12-006 with the understanding that the approval is a recommendation to ACHD that we concur in the -- not only the vacation of the right of way, but the vacation of access onto Chinden and also with the understanding that ACHD and the county as they move forward with this development will coordinate with the Meridian Fire Department and Meridian Rural Fire Department on access. Zaremba: Second. Meridian City Council November 7, 2012 Page 12 of 52 De Weerd: I have a motion and a second to approve Item 7-C. Council, anything further on this item? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing: AZ 12-009 Villas @Lochsa Falls by Arete Investment Group, LLC Located West Side of N. Linder Road Between Chinden Boulevard and W. McMillan Road Request: Annexation and Zoning of 5.67 Acres of Land from RUT in Ada County to the R-8 (Medium-Density Residential) Zone E. Public Hearing: PP 12-008 Villas @Lochsa Falls by Arete Investment Group, LLC Located West Side of N. Linder Road Between Chinden Boulevard and W. McMillan Road Request: Preliminary Plat Approval of 31 Residential Lots and 5 Common Lots on 4.95 Acres in a Proposed R-8 Zone De Weerd: Item 7-D and E are public hearings on AZ 12-009 and PP 12-008. I will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next project is Villas @ Lochsa Falls. It's approximately five acres -- two parcels totaling approximately five acres in size, currently zoned RUT in Ada County and it's located mid-point or on the west side of North Linder Road, midway between West Chinden Boulevard and West McMillan Road. Surrounding this site is the Villas -- or Lochsa Falls Subdivisions along the north, the west and the south boundary and, then, across Linder Road you have Rocky Mountain High School. This is simply an extension of Lochsa Falls, if you will. In 2008 one of these parcels was before you and was approved for amulti-family development for -- actually, a 21 unit multi-family development. That applicant was given the option of signing a development agreement to complete the annexation on the property. They chose not to execute the DA, therefore, those approvals expired and now a new owner, new developer, has come forward to -- with different plans for the property. The applicant is proposing annexation to the R-8 zoning designation. Average lot size in here is approximately a little over 5,000 square feet. Gross density of this plat is 6.26 acres, which is consistent with the MDR land use designation in the comp plan and also they requested R-8 zoning district. I would also point out to Council that I have two red squares on this subdivision map. They indicate there are two existing homes on the property that the applicant is proposing to remain with the project and that's what I have highlighted here. They are also proposing a third in between that and those three lots will take access from a common drive. In the UDC the applicant must seek a waiver of City Council to take access to an arterial street and that's what the applicant is asking this evening. I'd also mention that ACHD has approved the one Meridian City Council November 7, 2012 Page 13 of 52 access point that's depicted before you this evening as well. Landscaping is pretty minimal, because this plat is under the five acre minimum there are no requirements for open space or amenities with the subdivision. But the applicant is providing approximately seven percent open space. The majority of it is, basically, street buffer and a remnant open space lot here. I'd also mention to Council that the applicant has received approval of alternative compliance application, because these homes are to remain part of the plat they will not allow a full 25 foot landscape buffer to occur along Linder Road. Thereby they have asked for that to be reduced to ten feet and that will be planted with additional trees as well and, then, of course, this additional landscaping will house additional trees and there will be an additional landscape strip here to provide -- make up for that reduction of landscaping as well. Also there is a stub street that's stubbed to the west edge of the property. This is being extended with the plat and a new road is being proposed with the subdivision as well to provide access to the 28 home lots. As I mentioned to you earlier, three are proposed to take access to Linder Road. The applicant has provided sample elevations for you this evening. Most of it is an extension of what's currently constructed in Lochsa Falls. Staff is recommending a development agreement with the annexation of the property. These elevations are included and part of that annexation -- or, excuse me, DA provisions that I'm presenting this evening. So, here is -- at the Planning and Zoning Commission hearing Commission did vote to recommend approval to you this evening. Testifying at the hearing was Ross Ericson and Jeremy Telford. No one commented in opposition.. No written testimony was provided, except from the applicant. The Commission did make changes to the staff report. The first change is they struck condition 1.2.4 and 1.3.9. That had to do with some of the plat design issues that were outstanding. The applicant has since corrected those issues and the amended plat that you see this evening depicts those corrections as well. And, then, the applicant at the Commission hearing requested Commission to grant a longer extension for the existing homes to hook up to city sewer and city water. The Commission is recommending that you grant them 18 months to hook up the existing homes to city sewer and water. One last thing to mention to you -- I guess, really, the only outstanding issues for you this evening would be, one, the waiver to Linder Road, if you feel it appropriate that three homes take access to an arterial street. If you -- it is not granted, then, the applicant will have to come back and bring forth a plat that shows all the lots take access from a local street and the other issue before you this evening is the street name for the new public street that is being proposed. Currently the street naming committee gave a preliminary approval name -- preliminary name approval of North Cougar Flat Place and the applicant is requesting that Council allow him to move forward with Landen Creek Drive as a name change for that street. I did get a written agreement from the applicant. They are in agreement with the Commission's recommendations. Other than that, the outstanding issues that I presented to you, there aren't any others to detail for you and at this time I'd stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. Meridian City Council November 7, 2012 Page 14 of 52 De Weerd: Okay. Is the applicant here this evening? Good evening. If you would, please, state your name and address for the record. Telford: My name is Jeremy Telford. My address is 2151 West Teano Drive in Meridian. De Weerd: Thank you, Jeremy Telford: If you don't mind, I'm just going to show a little more detail on the -- if we can switch that to the laptop button. We are excited about the project. I am glad to be in front of you. I have done this before for other people, but this is my first time presenting for my own individual project. So, if that -- are you able to get that up, Bill? Parsons: Did you plug it in? There you go. Telford: As mentioned, we had -- there was -- there is two parcels of land. The north parcel -- oh. I'm sorry. My PowerPoint presentation just crashed. Rountree: Got the whole family. Telford: There is my family.. And my nephews and nieces and my mom. De Weerd: That's important. Telford: I apologize for that. Let me -- let's give this just a second to get back up. There is two parcels involved with this plat. Bill, actually, if you can flip back to the plat map, I will abandon my -- the north parcel -- sorry. I'm going to get this back up for you. Well, the north parcel in 2008 was submitted by itself on 2.6 acres of land and approved for 21 condominium lots. There you go, Bill. That should be -- if we can get that back. Apologize for the technical difficulties. Sorry. Put something else in there. I'm going to go with just -- I'm just going to talk. The north parcel was approved in 2008 for 21 lots on 2.6 acres. At that time it was told to me late afterwards that City Council had suggested that the north and south parcel be developed together and try and just clear out -- right now in the middle of the subdivision across the street from Rocky Mountain High School there is a large -- there is just a big field and there is just a couple of ugly houses that have always been a little bit of an eye sore. The south owner refused to sell at that point and, you know, said I won't take a million dollars for this thing, because I'm going to develop it some day. Unfortunately, they lost that to foreclosure about a year ago and that's how I became involved. We -- my company buys and sells bank owned properties. And so I'm now thinking I need to get back to this presentation, because I have got the pictures of what we have done with this. We have already taken the south property and renovated the entire home and brought it up to standard conditions of -- that meet or exceed what you find in new construction. Okay. I am going to have to get back into this and get those pictures up for you, because it really shows you what we are doing. Meridian City Council November 7, 2012 Page 15 of 52 De Weerd: But don't rush. We are good. Telford: I'm sorry for this. De Weerd: You are not the first that have struggled with this technology. Telford: And Bill this morning even told me -- he said you should send in your file and I said, no, I'm uncomfortable doing it on somebody else's computer and, then, mine crashed. Always seems to go -- okay, Bill, I think I should be -- I should be okay there. Real life. On this south parcel you will see that there is -- the 21 -- so, the north parcel is currently owned by Kathryn Nelson, who is here today and my company will be purchasing that in March of 2003. It will be renovated into the construction standards. The south parcel, as you will see below, is a home that was built in 1942. It was formerly the L&L Tree Farm and I'm just going to show you some of the before and after photos that we have, just to give you an idea of what we are going to do with these existing homes, because that's the only kind of awkward fit in this whole equation is what to do with these houses. But like we have done for this one on the south side is to take it from the old dilapidated state that they have been -- you know, that they are in poor condition for the age, but they are older homes and we would like to bring those homes up to current construction standards so that as neighbors look out on these adjoining properties that it won't be any sort of an .eyesore. From the. traffic access perspective there are currently three access points along Linder Road. One serves 5375 in the center and, then, the one to the north serves 5555 and there is also another that serves the L&L Tree Farm to the south side. Our proposal -- will we actually make a community -- or a common drive off of Linder Road and, then, the other 28 lots will take development through the Villas @ Lochsa Falls and by doing so and, then, creating a landscape buffer along those -- the remaining frontage, we will actually take out two of the three current access points. So, although we are maintaining access from Linder Road, we are eliminating two of the three access points and consolidating down to one. And that's partly why ACHD gives a us pretty good approval on that. They like that. This is the preliminary plat map, as Bill has said. We are -- we are looking for 28 lots in the new homes and, then, three lots, two of which are the existing homes still on the others. We went with 50 foot wide minimum lot sizes. In the previous approval that went through it was a little bit smaller than that, but we wanted to maintain a 50 foot frontage, just for builders being for the builders from the project. And all of the utilities are already stubbed to this property and when they widen Linder Road the city actually provided the utility stubs to it. So, we don't have to disturb Linder Road anymore. That's partly why we asked for an 18 month extension on the connection, because if we had to do it within the 60 -- 60 or 90 days I think it was, then, we would actually have to hot tap into current utilities, knowing that six to eight to 12 months later we are going to be building a whole new system that we could tap into it at the same time and just tap into the system once instead of twice. And, then, we will maintain the 25 foot landscape buffer for all of the new properties with the only exclusion being the existing homes. From an architectural design perspective, we are looking to build homes between 1,600 and 2,400 square feet, mixing one and two story elevations and floor plans, specifically with a garage setback format that will put the garage further back and the living space Meridian City Council November 7, 2012 Page 16 of 52 more forward, so that we get a better looking streetscape. We do have a shared driveway format, we actually like, because it -- excuse me -- it comes back where we only have 30 feet of asphalt for every 70 feet of landscape or grass on that. So, it creates a better looking streetscape for the community. Housing prices, just for information, we anticipate will be between 180 and 220 to 250 on the high end, which is in this creates a great location for a medium density product and our goal is to really sell these homes based off of the quality of the design versus the lot size. We realize that these will be smaller lot sizes as designated by the general plan, but this is generally the streetscape that -- that you will see on there, those five homes, just kind of a mix. These aren't scientific details of what we will be doing, just an example there. And, then, these are just some photos of similar homes that we have liked just to -- for some imagery. These are lot sizes -- or house widths would fit on that type of a lot. That's what we are looking at. Our -- you know, just from a general perspective benefits of this between 28 homes -- between the construction, the resale, and everything, we are looking at about a six million dollar economic opportunity within the city to be built by, sold by, and supplied for by local companies. It does give us an opportunity for some more medium density affordable housing within the area. It does eliminate two points of access off of Linder Road and it also gets rid of that big field across the street from Rocky Mountain High School, so -- and, then, could I -- I apologize, before the program crashed on -- we had been assigned Cougar Flat Place as the street and if -- at least I could. show you how that lays out.. But within Lochsa Falls -- within. Lochsa Falls there are a couple of uses of Cougar Flat Place. Now, none of them -- excuse me. I'm actually going to see if this will -- this map is upside down as I go through this and I had corrected it before it crashed, but when you put this into the setting of where we are, Cougar Flat Place winds a little bit and it's segmented into three different areas. This first area on the left is listed as Cougar Flat Place. The second arrow is in different maps listed as Cougar Flat Place and, then, Cougar Flat Circle is over here on the far right. This is just a personal preference of mine, it's really not that big of a deal, but we'd hate to be the third segment of a disjointed street, when we are trying to give directions to people and say you come by these houses and they all end up either a quarter of a mile to one side or a dead end cul-de-sac on the other side and, you know, unfortunately, we hope that they won't turn around and leave. And so for that, plus one of the kids in the picture is named Landen, so we thought that Landen Creek, which fits very much with Lochsa Falls. There is Goddard Creek and Ditch Creek and there is a lot of creek names in the Lochsa Falls Subdivision and we thought that Landen Creek would be a good distinct name and that's the only reason that we are proposing that. Just for ease of finding it. De Weerd: I think our fire department would agree with you on the disjointed street and the complications that that adds. Do you have any comment, Mark? Niemeyer: No, other than, Madam Mayor, we would support the name change. If we don't have to try and find multiple streets with the same name we are in a lot better shape. Meridian City Council November 7, 2012 Page 17 of 52 De Weerd: Yes. So, it's not just the people trying to find the homes, it's the people trying to serve the homes, so -- thank you. Telford: And I apologize for my technical difficulties on that. I will close the computer. De Weerd: You are good. Council, any questions? Bird: I have none. Rountree: I have none at this point. De Weerd: Thank you. Telford: Thank you. De Weerd: This is a public hearing on Item 7-D and E. Is there anyone who would like to provide testimony on either of these items? Okay. Any further comments from staff? Parsons: No, ma'am. De Weerd: Okay. Council, you have these two items in front of you. If you don't need any further information I would entertain a motion to close. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just for discussion, much of what has been suggested and planned I find very attractive and I think it's a great idea to -- to get something happening on that property. I congratulate the applicant on wanting to move forward with getting something there. I am struggling with the access to Linder, though. Just visualizing what that road is going to become over the years of growth as a very major arterial, I guess my first question is is that planned as a full access or a right-in, right-out and my second question is is there any other way to do it, so that it could access back into the subdivision? Today I'm not sure it would be a problem, but it scares me for the future of Linder Road to have access there. So, I -- I don't know if that's a question to staff or the applicant, but -- De Weerd: We will try staff first. Zaremba: I'm just kind of musing, I guess, that that makes me very uncomfortable to have that access to Linder. Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, at this point what's before you this evening is full access, but ACHD has in their conditions of approval stated that at some future point that would be restricted to a right-in, right-out Meridian City Council November 7, 2012 Page 1 B of 52 once Linder Road gets a median or something -- the trips get up there and we started having those -- that volume you anticipate they will restrict that at some point in the future. The applicant -- I think that's the outstanding issue that's before you this evening. If they keep the existing homes they could facilitate -- bring the street through and still have a shared driveway here. It just comes down to the economics for them and losing buildable lots. I think that's the factor as far -- we looked at it as our ordinance doesn't support it. ACHD apparently they do support it. The one thing that is beneficial is that these homes will have access to a common drive, so they won't be backing out onto an arterial, they will be able to turn around in that driveway and pull out forward. That was probably our biggest concern out of the whole thing is how are you going to get safe movement of traffic out of that for those three homes and certainly having that driveway there and having them back out and do a three point turn and get back onto an arterial street is much better than backing out onto a street, which we would have never supported in the first place and I don't think ACHD would either. De Weerd: Thank you, Bill Zaremba: Thank you. De Weerd: Anything further, Councilmen? Okay. Hoaglun: Madam Mayor, just -- De Weerd: Mr. Hoaglun. Hoaglun: Bill, it looked like -- if we require access coming from the west, that would impact three lots -- two lots, instead of the -- they would have to take the one off of the Landen Creek proposed street name to come through and, then, would also impact -- do something a little different there. It looks like. Am I seeing that correctly? Parsons: Madam Mayor, Members of the Council, Councilman Hoaglun, they would probably more than likely lose one lot, which would be the center lot here. Hoaglun: Thank you. De Weerd: Okay. Council, any further questions at this point? I will await your direction. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Did you open the PP part, too? De Weerd: Yes. I did. Meridian City Council November 7, 2012 Page 19 of 52 Bird: I thought you did. De Weerd: Uh-huh. Bird: Madam Mayor, I move that we close the public hearings on AZ 12-009 and PP 12-008. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Items 7-D and E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 12-009 and to incorporate all staff and applicant remarks. Rountree: Second. De Weerd: I have a motion and a second. Just a point of clarification to approve the name change, as well as the access? Bird: Yes. That was part of --that was part of the staff report. De Weerd: Okay. Zaremba: Madam Mayor? And the 18 months to hook up -- Bird: That was part of the staff report. Zaremba: Okay. Bird: Which the applicant agreed to. De Weerd: Okay. Any further discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Before I open the public hearing on 7-F -- Meridian City Council November 7, 2012 Page 20 of 52 Bird: Wait a minute. We have got a -- Madam Mayor? De Weerd: Oh. I'm sorry. You're right. Bird: I move that we approve PP 12-008 and include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-E. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Public Hearing: PP 12-011 Hacienda East by Jayo Development Located at East Side of N. Meridian Road and South of Chinden Boulevard Request: Preliminary Plat Approval of 17 Residential Lots on 2.14 Acres. in an Existing R- 8Zone De Weerd: See, now you didn't ask for clarification on what you were voting on, because I said it was approval of 7D and E. Just seeing if you were paying attention. I would like to welcome our Cub Scout troop -- or Boy Scout troop. Sorry. Never want to be called a Cub Scout when you're a Boy Scout, uh? Sorry about that. But welcome to the Meridian City Council meeting. It's always nice to see youthful faces in our crowd. Not to say the rest of your faces aren't youthful, but thank you for being here. Okay. Item 7-F is a public hearing on PP 12-011. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is Hacienda East. This property is situated on the east side of North Meridian Road south of East Chinden Boulevard. The subject property is approximately 2.14 acres in size and is currently zoned R-8. There are county properties and single family zoned properties surrounding the project. If you recall in 2004 this property came before you as Hacienda Subdivision. As part of that approval there was a planned unit development that allowed for a mix of patio homes and townhome lots. A majority of those townhome lots were along this -- along the south and the east boundary. The applicant is before you this evening requesting the convert those 27 townhome lots or 29 townhome lots and three common lots into additional 5,000 square foot single family patio home lots. Here is the subdivision that they are proposing. Because of the utility extensions that have happened that have been extended because of the townhome lots, the applicant will be responsible to remove some of the utilities back to the main in the street. I would point out to Council that none of the open space -- the open space Meridian City Council November 7, 2012 Page 21 of 52 still complies with the ten percent minimum as required per the planned development back in 2004. The street network is all in place. There are no modifications to that this evening as well. Again, this is just basically a conversion of the townhome lots to single family patio home lots. Amenities that were -- with that subdivision will remain intact and these folks will have rights to those amenities as well. They include some passive open space lots, internal pathways, and, then, existing street network. I'd also mention that three common lots are being removed. These are not micro path lots, they provide no connectivity to the adjacent subdivisions, it's merely to get a little bit more building lot frontage to meet the R-8 standards -- dimensional standards as I mentioned to you. The other reasoning for the open space lots was basically to get some separation between the townhome units, so you didn't have a continuous look of buildings along the street frontage. I would mention to you that there are eight townhomes that are constructed in this development. If this is approved this will be primarily patio homes with two townhome units in there. So, it will be a little bit out of place for those townhome units, but Planning and Zoning Commission did recommend approval at the October 4th meeting. We did have the applicant testifying in favor of the application. There were no changes -- or recommended changes from the Planning and Zoning Commission. To my knowledge there aren't any outstanding issues before you this evening and at this time I'd stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. De Weerd: Okay. Would the applicant like to provide comment? Good evening. Breckon: Good evening. De Weerd: If you will, please, state your name and address for the record. Breckon: John Breckon. Breckon Land Design. 181 East 50th, Garden City. De Weerd: Thank you. Breckon: I think Bill did a great job explaining that. I don't really have anymore to add to his explanation, so I'd stand for questions. De Weerd: Thank you, John. Council, any questions? Bird: I have none. De Weerd: Thank you. See, you did such a great job none of us have anything. This is a public hearing. Is there anyone who would like to provide testimony on this item? Hoaglun: Madam Mayor? Meridian City Council November 7, 2012 Page 22 of 52 De Weerd: Mr. Hoaglun. Hoaglun: I move that we close the public hearing on PP 12- 011. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All these in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of PP 12-011 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item. 7-F, Any discussion on this item? Seeing none, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Public Hearing: AZ 12-010 SGI by G4 Acquisitions, LLC Located 2420 N. Eagle Road Request: Annexation and Zoning of 1.45 Acres of Land with a C-G Zoning District H. Public Hearing: CUP 12-008 SGI by G4 Acquisitions, LLC Located at 2420 N. Eagle Road Request: Conditional Use Permit for aDrive-Thru Establishment in a C-G Zoning District Within 300 Feet of an Existing Residence and Residential District De Weerd: Item 7-G and H are public hearings on AZ 12-010 and CUP 12-008. I will open these two public hearings with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next applications before you are a request for annexation and zoning and a conditional use permit. This site consists of 1.45 acres of land. It's zoned RUT in Ada County and it's located at 2420 North Eagle Road on the northeast corner of Eagle and River Valley Street. The Meridian City Council November 7, 2072 Page 23 of 52 applicant requests annexation and zoning approval of 1.45 acres of land with a C-G zoning district, consistent with the mixed used regional Comprehensive Plan future land use map designation for this property. A conditional use permit is requested for adrive- thru establishment in a C-G zoning district within 300 feet of a residential use and district. The property to the east is zoned R-40 and an apartment complex, Regency at River Valley is currently under construction on this site. Since the commission meeting the site plans have been revised to address concerns related to stacking, obstruction of the parking area and the north-south drive aisle. Two options for development have been submitted and my slides are messed up. Excuse me just a moment. I'm going to steal the applicant's slides. The first option, option A, is fora 10,150 square foot multi- tenant retail building. This is the landscape plan for option A. The second option, option B, is for one 5,040 square foot retail building and a 2,879 square foot restaurant with adrive-thru. In option B the site would develop in two phases with a retail building developing first. Conceptual building elevations for the retail building proposed in option A and B have been submitted as shown. However, elevations for the drive-thru restaurant have not been submitted as there is not yet a user. Access to the site is proposed via River Valley. Direct access to Eagle Road is prohibited. A north-south driveway is proposed as a backage road along the east boundary of the site for access to River Valley by the subject property and the properties to the north that are south of the South Slough. Cross-access is required to be provided to those properties. This is .the .north-south drive aisle you see here. A 35 foot wide landscape street buffer is required adjacent to Eagle Road and a 20 foot wide buffer is required along River Valley as shown on the landscape plan. A 25 foot wide landscape buffer is required along the east boundary adjacent to the future residential uses currently under construction. The applicant requests Council approval of a reduction in the buffer width to 15 feet. The applicant's justification for the reduction is that the adjacent property to the east is providing a five foot wide buffer, with a six foot tall vinyl fence. Additionally there will be adrive-thru -- or, excuse me, a drive aisle and parking, rather than a residence adjacent to that boundary. Further, when River Valley was constructed -- River Valley Street was constructed as an access point and curb cut was constructed on this site in the location shown per the intersection setback requirements for Eagle Road, which established the entry and buffer width. A ten foot wide multi-use pathway is depicted on the site along Eagle and River Valley in accord with the master pathways plan. Business hours of operation in a C-G district are limited from 6:00 a.m. to 11:00 p.m., because the property abuts a residential district and future residential uses. There are specific use standards listed in the Unified Development Code for drive-thru establishments that apply to development of this site with option B. Staff has reviewed the revised plans and found them to comply with these standards. The Commission recommended approval of the subject annexation and zoning and conditional use permit at the October 4th public hearing with a development agreement. Doug Russell testified in favor of the application, as did Ben Kneadler. No one testified in opposition or commented. Phil Hall submitted written testimony in agreement -- well, actually, it wasn't in agreement, there was several issues, but we have worked those out since the Commission hearing. Key issues of discussion by the Commission were the configuration of the drive-thru and traffic circulation within the site and concerns regarding stacking from the drive-thru into the one-way drive aisle in the parking area and/or the north-south drive aisle along Meridian City Council November 7, 2012 Page 24 of 52 the east boundary of the site. All of those issues have been worked out with the revised plan, so staff is supportive of the proposed plan before you tonight. The Commission did not make any changes to the staff recommendation. Outstanding issues for the Council. The Commission directed the applicant to work with staff on a redesign of the drive-thru to address concerns related to circulation and stacking on the site. This site and landscape plans included in Exhibit A reflect the revisions made after the Commission meeting. Second outstanding issue for Council. The applicant requests Council approval of a reduction in the buffer width required in the C-G zoned property adjacent to residential properties from the required 25 feet to 15 feet at the east boundary of the site as previously mentioned. And the last item, staff is recommending a new provision be added to the development agreement requiring pedestrian lighting and landscaping consistent with the Eagle Road corridor study to be installed along the multi-use pathway adjacent to Eagle Road and State Highway 55 in accord with the standards listed in UDC 11-3H-4C. Written testimony since the Commission hearing was submitted from Phil Hall in agreement with the staff report. Staff will stand for any questions the Council may have. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Sonya, both option B and option Ahave -- have been resolved with respect to the drive-thru; correct? Watters: That is correct, Councilman Rountree. Rountree: Okay. Thank you. De Weerd: Any other questions at this time? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to kind of review, I think I'm understanding that this is requiring a cross-access agreement for access to the property to the north, so that that property does not need to access off of Eagle, but I -- from a previous aerial that you showed there is another property even north of that, which I believe is the Great Wall restaurant, which when they were approved were given a temporary access to Eagle, which would go away when there was some other access, so do all of those properties need to be part of the cross-access agreement? Watters: Madam Mayor, Councilman Rountree, Councilmen, yes, all of the properties south of the South Slough from Great Wall restaurant to the south would do cross- Meridian Cily Council November 7, 2012 Page 25 of 52 access and access via River Valley. The temporary access of Great Wall would go away. There were conditions that it would go away once access was available from River Valley. Zaremba: Good. So this is the solution to that problem eventually when the -- when the properties in between develop as well. Watters: Yes. Zaremba: Good. Thank you. De Weerd: Mr. Hoaglun, did you have something? Hoaglun: No, I don't. De Weerd: Okay. At this time I would ask the applicant's representative if he has comments. He? She? Hi. Russell: How are you tonight? De Weerd; Very good.. Thank you joining us. If you will, please, state your name and address for the record. Russell: You bet. Madam Mayor; my name is Doug Russell, I'm with The Land Group, Incorporated. 462 East Shore Drive, Eagle Road. De Weerd: Thank you. Russell: 83616 in Eagle. And we are representing the applicant this evening and we appreciate the process in working with staff. I think we have worked all the issues out that -- that we had as we were going through the P&Z process and I think, you know, specifically we were working to address the drive-thru stacking issue, which I think we have done adequately and the other issue was the buffer issue, which I think that our solution is sound and I think staff did a good job explaining that, but I think with -- with the 15 feet that we were providing, along with the five feet and the fence that's provided by the adjacent property and the fact that, you know, there is a drive aisle immediately adjacent to us, rather than, you know, us being right up against the housing and we feel that that buffer works well and, you know, I think more importantly that the access off of River Valley Street, the location that it was placed to meet that separation from Eagle Road, you know, we really didn't have a whole lot of choice there, so I think considering all the circumstances we done our best there and I do believe it works very well and, then, last, but not least, the staff mentioned the lighting requirements along Eagle Road and just wanted to say for the record that we are in total agreement with that requirement. So, we appreciate you hearing this tonight and special thanks to staff, especially Sonya for working with us to get through this and with that I would stand for questions. Meridian City Council November 7, 2012 Page 26 of 52 De Weerd: Thank you. Council, questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Again, it looks like a good project and thrilled to see something happening there. A couple of questions if I may. One of the issues with drive-thrus near residential is the speaker where you do the ordering and do you have an idea what the actual distance from that speaker to the nearest -- I guess they're apartments, but the nearest residential unit to the east -- it looks like that's a pretty good distance. I know the property line is close enough that we have to deal with it, but give me an estimate on how far the speaker is from the nearest -- Russell: I mean I'm completely guessing here, but I'm going to -- I'm going to say two to three hundred feet. Bird: Easy Zaremba:. Okay.. That -- sounds to me .like. that would be adequate to satisfy our requirements not to be disturbing the residences. I might ask that you make sure that the speaker points north somehow, which is probably what you would do, since that's where the drive aisle is for it anyhow. Russell: Yes, sir, I'm sure we -- Zaremba: The other question is for you, as well as probably for staff. In the eventual future that your roadway is providing the access to two or three other properties, including Great Wall, is there some provisions that they might be able to put signage on your property -- how is anybody going to know how to get to Great Wall if this is their entrance? Wafters: The applicant can certainly grant an easement for a sign. Good point Zaremba: Is that a possibility for the two or three other businesses that are -- I'm not going to make that a requirement, I'm just asking when that does come up. Russell: Well, honestly, I would need to speak with my client directly about that very issue. I think that's probably one of the issues that's created by this -- the requirement for this cross-access and the inability to have -- or maintain that access onto Eagle Road, but I could get back to you with an answer on that, but I'd just hate to speak for my client this evening and speak incorrectly, so I can't answer that at this time. Zaremba: I take that as you're not giving me a no, so - Meridian City Council November 7, 2012 Page 27 of 52 Russell: It's definitely not a no, it's definitely not a yes, because, honestly, I don't know the answer at this time. Zaremba: I'm thinking that I need to be comfortable with your saying you will consider it. Okay. De Weerd: Any other questions from Council? Bird: I have none. Rountree: I have none. Zaremba: And I guess on that my question to staff is is that even legal? We -- our ordinance doesn't allow off-site signs. Wafters: I'm not sure, Councilman Zaremba. I'm looking at the code as we speak. Zaremba: Okay. Watters: We could certainly work with the applicant, though, to do whatever we can to -- Zaremba: Solve that. Watters: -- make that more access friendly for sure. Zaremba: Thank you. Russell: Thank you. De Weerd: Thank you. Russell: Thank you very much. De Weerd: This is a public hearing on Item 7-G and H. Is there anyone who would like to provide testimony on this item? Council, do you need further information from either the applicant or staff? Bird: I don't. De Weerd: Then I would entertain a motion to close. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council November 7, 2012 Page 28 of 52 Rountree: I move that we close Item 7-G and 7-H. Bird: Second. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Item 7-G and H. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 7-G, AZ 12-010 subject to staffs comments, applicant's comments, allowing for the reduction in the east boundary of the landscape width to 15 feet in recognition of the added requirement for pedestrian lighting along Eagle Road. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-G with the conditions as stated. Any discussion on this Item? Madam Clerk, will you call roll? Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. call De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Rountree. Rountree: I move that we approve Item 7-H, CUP 12-008, subject to hearing comments and staff comments and report. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-H. If there is no discussion from Council, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council November 7, 2012 Page 29 of 52 MOTION CARRIED: ALL AYES. De Weerd: I'm going to take a moment of privilege here. I see in our audience one of our business owners from the community, Mr. Thompson, and I will ask you to join me up front if you have -- if you would. You know, this is -- this is impromptu and it's certainly a rare moment that we have an opportunity to recognize an important business in our community and have the CEO of that community here. In the City of Meridian we ask our staff to step up and raise our customer service to the next level, so we brought a number of our top performers in customer service together and asked them how they could develop a program that would challenge their fellow employees to step up and provide above and beyond. They came up with a program and we intend it to be more than a program, but it's Called the Meridian Way. I would like to say that not only is this a program within our city for our employees, but it extends out into the community and I will tell you that Scentsy has raised that level of customer service, customer care, that sense of community giving more than any company I think in the state of Idaho and certainly it would rival that in the nation. I saw it as a great opportunity to present a challenge coin that was developed around our commitment to customer service and I would like to offer it to you. Thompson:. Thank you De Weerd: This has on here our -- our company or our city values of customer service, accountability, respect and excellence, which spells CARE, which is also one of our values. But it does say providing care to our community in a timely, friendly, professional and solution-oriented manner and it's certainly my privilege to offer this to you, Orville, as a token -- a small token of our appreciation from the community to not only see a success story of someone that started their company and grew it here, but a continued commitment most recently exampled in your large and generous donation to the American Heart Association. So, thank you so much for being here. Thompson: Thank you. I'd like to thank you, Madam Mayor and the Council, for all their help and support that you have given us and we are proud to be in Meridian and we hope they enjoy the landscaping along Eagle Road. Bird: We do. Thank you De Weerd: Like I said, I don't have an opportunity to take that -- that privilege option very often and certainly I didn't want to miss that opportunity. So, thank you again. And not only are you being a role model as well to these young men and the scouting program is just a phenomenal program, certainly a very big program in our community. I. Public Hearing: PP 12-009 Zebulon Village Subdivision by The Traditions by Amyx II, LLP Located Approximately 114 Mile West of N. Eagle Road and South of E. McMillan Road Request: Preliminary Plat Approval Consisting of 40 Building Meridian City Council November 7, 2012 Page 30 of 52 Lots and 7 Common /Other Lots on 14.94 Acres of Land in the R-4 Zoning District De Weerd: Item 7-I is a public hearing on PP 12-009. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application is a preliminary plat. This property consists of 14.94 acres of land. It's zoned R-4 and is located south of East McMillan Road and west of North Eagle Road. A little history. This site was annexed in 2005 and included a preliminary plat and planned development for Zebulon Heights Subdivision. The proposed plat is a resubdivision of a portion of that plat. The proposed plat consists of 40 building lots and seven common other lots on 14.94 acres in an R-4 zoning district. The proposed density is 2.68 dwelling units per acre. It consists of reduced density approved with the planned development. All proposed lots meet the dimensional standards of the R-4 district. Access to the portion of the plat that is south of the Settlers Canal is proposed internally by previous phases of South -- or, excuse me, Zebulon Heights Subdivision. The area north of the canal will be accessed by an existing stub street in Madison Park Subdivision at the northeast boundary of the site. A pedestrian bridge is proposed over the Settlers Canal, which runs right through here, for access from the northern portion of the site to the amenities in Zebulon_ Heights. to the south. Open space 11.8 percent of the site and site amenities consisting of an extra five percent of open space and parkways are proposed within the site in accord with UDC standards. The Commission recommended approval of the subject preliminary plat at their public hearing on October 4th. Becky McKay testified in favor of the application. No one testified in opposition or commented. Written testimony was submitted by Becky McKay. There were -- there was one change to the staff recommendation that the Commission recommended with striking condition number 1.1.3D that requires landscaping along all pathways. There are water and sewer lines running through Lot 9, Block 2, where the only pathway on the site is located and trees aren't allowed within the water and sewer easements. Becky McKay did submit written testimony to the city since the Commission meeting and I will outline her concerns with the staff report. The first outstanding issue for Council is the applicant requests condition number 1.1.3A requiring four foot tall bollard lighting along the pathway through internal common area on Lot 9, Block 2, be removed. Per UDC 11-3A-8H bollard lighting is required unless otherwise waived by the director. If the applicant submits a photometric report showing the boundaries of the lighting from the street lights within the common area, the director may waive the requirement for bollard lighting. The second outstanding issue in regard to condition number 1.13C, which requires class two trees to be planted within parkways or parkways to be widened to ten feet for class one trees, the applicant requests approval to allow Chanticleer Pear trees, which are classified as a class one tree, to be planted within the eight foot wide parkway along streets consistent with previous phases of Zebulon. Staff recommends approval of the applicant's request as this particular variety is comparable to a class two tree as verified by Jay Gibbons, landscape architect with the city. The third item, staff recommends instead of striking condition number 1.1.3D as the Commission recommended, that the applicant relocate the required trees Meridian City Council November 7, 2012 Page 31 of 52 elsewhere within the site outside of any easements. Other landscaping is still required in the common lot adjacent to the pathway. And the last outstanding item, the requests a waiver to UDC 11-3A-6, which requires piping of the Settlers Canal, to allow the canal to remain open due to its large capacity. The applicant states that it would require a 72 inch pipe if that were to be covered and that is referring to conditions 1.2.4 and 2.66. Staff will stand for any questions Council may have. De Weerd: Thank you. Council, any questions at this point? Rountree: I have none for staff. Watters: Let me add -- the applicant did submit these elevations for homes that would be constructed and they are consistent with previous phases of Zebulon. De Weerd: Thank you. I appreciate you pointing that out. Would the applicant like to provide comment? Hi, Becky. If you will, please, state your name and address for the record. Bird: Becky McKay, Engineering Solutions. Business address 1029 North Rosario, Meridian. De Weerd: Thank you. McKay: I'm here representing the Amyx family on Zebulon Village Subdivision. As Sonya indicated, this project was initially approved back in 2005 and with the original approval we had intended on having two vehicular crossings across the Settlers Canal, one located here as it goes out to McMillan Road and a second one that came across in this location just to serve this small area that you see here. We ran into a few problems, obviously as the recession took hold. The cost to put a box culvert across the Settlers Canal just to serve the few lots that we had there did not make any economic sense. based on the elevation of the property, the streets, it was also going to be difficult, we would have to drop back down into the property and we had already spent -- I think we spent 140,000 dollars on that box culvert and it's a pretty complicated structure because of the elevation of the parcel on the north and south side and of the elevation of the waterway. What we are bringing forth tonight is -- we reduced the number of lots in this area from 16 to 14. We are proposing that we cul-de-sac the street, because we have a stub street that links into Madison Park, which I did back in the mid '90s and in that particular street network that gives them access back out to McMillan. It also provides access out to Eagle Road. We are going to do a pedestrian bridge across the Settlers Canal to provide interconnectivity as far as pedestrians are concerned and, Sonya, if you could go back to the vicinity map. Also one thing that has changed is our client has purchased this property right here, called Milford Creek that you guys approved years ago. This preliminary plat has since expired, but it is within the city limits, so Mr. Amyx has purchased that particular property. It -- a stub street on the south side of Madison Park comes down into Milford Creek No. 1. Milford Creek stubs to this property, which, in turn, will link this parcel and the parcel on the east side of the slough to Wainwright Meridian City Council November 7, 2012 Page 32 of 52 Drive, because we made -- we are going to make a connection there. Wainwright Drive, according to ITD, I got the news this morning, they are going to install a signal. They have found the money and we worked with them to get the sleeves in Eagle Road and we put sleeves in at Wainwright, so that we will be able to accommodate a signal and they have found some money to install that, so the residents out there will be very pleased. Our density is really not changing. Our lot sizes are still very large. Our smallest lot is 8,136 square feet and our average lot size is about 11,888. So, we are basically here just to eliminate that vehicular crossing. We just don't think this -- it makes any sense and it's just not cost effective to take it across there anymore. I can answer any questions. De Weerd: Council, any questions? Bird: I have none. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Becky, I'm just curious. Are these still part -- they are still part of that subdivision, the same homeowners association, nothing else changes, it's just -- it's just their access point. McKay: That's correct. Yeah. The clubhouse and pool facility has been constructed on our open space lot. They are -- will have access to all the amenities, the multi-use pathway, the pool, they are a part of the Alpine Point is what they market it as. Yes, sir. Hoaglun: Okay. Thank you. De Weerd: Any other questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky, the canal itself, are you able to incorporate that into your development as an amenity, as opposed to an attractive nuisance? McKay: Madam Mayor, Councilman Rountree, we initially had our multi-use pathways located along the north side of the canal and, then, Settlers was going to have their maintenance road on the south. We could not get an easement from the church on Ustick Road for a portion of that pathway that we had to have to link it back to our collector out to McMillan. They said they would consider it if we hooked them into our pressurized irrigation system. Settlers Canal said they wouldn't allow that, because they do not have adequate water rights and so we had to, obviously, decline and, then, they said, well, then, no easement. So, we did work with the parks department, we do Meridian City Council November 7, 2012 Page 33 of 52 have the multi-use pathway, it goes up through our project all the way from the south boundary up and to the west boundary of Settlers Bridge Subdivision. But as far as the Settlers Canal, I can't put the multi-use pathway there. Now, what we have done is we did go in and improve the canal that abutted us with Settlers approval, obviously, to even it out, make their access easier and make it look better. There is not much -- you know, they don't see the importance of beautification of their canal. Rountree: Thank you for trying McKay: We try. De Weerd: Any other questions for the applicant? Hoaglun: And Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: To follow up on that, Becky. Is that going to be fenced? Are you going to have decorative fencing? So how -- as Councilman Rountree said, to keep it from a nuisance is that -- what are your plans there? McKay: Madam Mayor, Councilman Hoaglun, we put wrought iron fencing in along for ditch safety. Yes. All along the canal. And, then, we did install -- I think we have some vinyl around the ACHD ponds, because that was at their request, because they don't want to be on their ponds either. It looks a lot better, though. Out of sight, so, you know, as far as esthetically along that McMillan Corridor it has made a difference to landscape it and kind of, you know, block those ponds from the view corridor. Hoaglun: It does. A few constituents refer to them as bomb craters, so -- yeah. Thank you. McKay: Yes. De Weerd: Anything further from Council? Bird: I have none. De Weerd: Okay. Thank you, Becky. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Thank you for joining us. Council, seeing no further testimony, is there anything further from -- that is needed for a decision? If not I would entertain a motion to close. Rountree: Madam Mayor, I have a question on one of the comments on outstanding issues with respect to the lighted bollards. Has that been resolved? Did we get a photometric study to indicate that there is sufficient lighting to not require those? Meridian City Council November 7, 2012 Page 34 of 52 Wafters: Madam Mayor, Councilman Rountree, the applicant feels that there is sufficient lighting from the streetlights on each end. The director is allowed to waive that provision if it's deemed that there is adequate lighting provided. So, no, we have not gotten a photometric report, this is just a comment from the applicant that they asked for that to be stricken. We can handle that down the road at staff level. Rountree: All right. Thank you. Hoaglun: Madam Mayor, question for staff. Also on the tree issue where we are allowing the -- recommending the pear trees to go along the pathways, but, then, it would be to relocate the required trees elsewhere within the site, the class one trees is what we are referring to, that would be -- if they go with the pear trees, which is class two, but they are equivalent to class one -- Wafters: Madam Mayor, Councilman Hoaglun, that's actually two different things. Hoaglun: Okay. Wafters: The trees for the easement were located right here and those -- staff is just recommending that those be located elsewhere on the site. The requirement for the class one tree regarding the pear tree is along the parkways adjacent to the streets. Hoaglun: Okay. I'm glad I asked that. Watters: Yeah. Hoaglun: Got a little confused on that. Watters: Yeah. Hoaglun: But there is no partridges; right? Watters: Yeah. Yeah. Hoaglun: Okay. Thank you. Watters: We are good on that. Hoaglun: All right. De Weerd: Anything further from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council November 7, 2012 Page 35 of 52 Rountree: I move we close the public hearing on Item 7-I Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on PP 12-009. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I move that we approve Item 7-I, subject to staff comments and acceptance of said comments from the applicant. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 7-I. Any discussion from Council? Madam Clerk, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Community Development: Proposed Ordinance Creating Additional Temporary Sign Allowance for Permanent Proprietors within the Ada County Highway District's Meridian Split Corridor Phase 2 Roadway Project Area De Weerd: Item 8-A is under our Community Development Department. I will turn this over to Caleb. Hood: Good evening, Madam Mayor, Members of the Council. I'm here to discuss with you some special sign allowances -- some temporary sign allowances for the Meridian split corridor phase two project. At the end of the town hall meeting that was held here at City Hall about two weeks ago right before the project started I was approached by a couple of business owners that were interested in -- in having some allowances for some additional signs for their business during the construction of the split corridor project. I told them I would look into it with some other staff that are a little more knowledgeable on our sign ordinances to see what maybe we could accommodate. I know this is something that the Council has discussed previously. I can recall at least one time during a joint meeting with ACHD that's coming up and you seemed open to the idea of allowing some signs during the -- the construction of the project. So, staff has met a couple times over the past couple weeks and we do have a draft ordinance on the agenda, it's the next item on your agenda tonight. We did that for the sake of Meridian City Council November 7, 2012 Page 36 of 52 time. You all know at this point that the project is underway, so the businesses would like to have these sooner than later, so if you do agree with staffs recommendation -- I will get into that in just a second -- we would ask you to -- to approve that ordinance this evening. If there are substantial changes, though, we would ask that that be taken off and we will put it on next week's agenda for approval. So, on to what we think is appropriate in -- for this project. We have drawn an area -- although on this map it's a little hard. Blue Heron Lane is to the north. There are some businesses along Meridian Road, a couple of optometrists, a church, maybe there is another professional office up there. And, then, to the south would be Franklin Road and, then, 3rd to 3rd are the boundaries for businesses that we believe are -- will be impacted and should be eligible for this temporary signage. The signs would need to be placed in this -- the area shown in red on the map and the businesses eligible again need to be within the area designated on the map. I would just like to note that there are other sign allowances in our code that the businesses would be eligible for. This isn't the only quote, unquote, temporary sign that the businesses would be allowed. We do have limited duration signs that they would also be eligible for. If they did a promotional sales event you get some sign allowances with that. Special events you also get sign allowances with that, as well as just our regular business identification sign. There is a whole bunch of free standing and banners and all kinds of other signs that you could be eligible for just through our regular codes. So, with all that in mind, our recommendation is that each business within this area be allowed one sign not greater than. eight square feet and, again, placed within -- within the area designated on the map. We played with a bunch of different options. The only businesses on Meridian Road -- the businesses on Meridian Road and Main Street, do they have to have addresses on Meridian Road -- at the end of the day we just thought this was easier to just say, you know, this is ground zero and any business in here could be affected by the project, so we opened it up and that's where our recommendation is this evening. The process to acquire this -- you would will need to -- a business would need to require -- or obtain a permit through the City Clerk's department. They are allowed off-site with written permission from the property owner. There is no cost. They would need to be removed by Sunday, October 6th. That is the Monday -- it's Sunday, but it's the weekend -- throughout the weekend where the contractor at this point estimates the project being complete. We can amend this if the project delays and extend that out if need be, but this is based on best current information that they should be taken down basically when the project is over. So, I think with that -- obviously the signs would need to be provided by the businesses. We didn't get into anymore details of what they need to look like, what they can say, what they can't, where they can go, with the exception of business owner approval and that would include ACHD. If it goes on ACHD's right of way they would need to obtain ACHD's approval. But the other thing I didn't mention is the ordinance would be in Title 3 in our temporary use section of city code, rather than the UDC, so we can -- again, it's a little bit easier to administer in Title 3. So, I think with that that's -- that's my presentation, I drew the short straw. Mr. Nary was on that group, so if I miss something he can probably help answer some questions or if I missed anything, Bill, please, jump in to present anything. With that I will stand for any questions. Bird: Madam Mayor? Meridian City Council November 7, 2012 Page 37 of 52 De Weerd: Well, we probably thought you would do it in a shorter time frame, so -- Bird: Well, I don't know about that. De Weerd: Mr. Bird Bird: I don't know about that. Our attorney is pretty quick. Where did we come up with the eight square foot? I mean that's a small sign for these people that are -- I mean they are getting hammered and, holy cow, that looks like one of these campaign signs that we put out. It's -- I mean at least a 16 square foot where you could have afour-by- foursign. I mean you got to be able to -- to tell people what your business is and where it's located, you know. I -- I don't like the eight square feet. Hood: Madam Mayor, I can come up -- answer the question anyways. Eight square feet we looked at existing code. We actually looked at the window panes in the room where we were talking about saying, you know -- and our concern was -- and I didn't touch on this, it's on the slide. But there are 245 businesses that would be eligible. I don't think they are all going to apply, but if they all applied and they all had afour-by- foursign, no one would be able to see any signs. So, that was our concern. Eight may be a little small.. Four by four in my personal. opinion I think is a little large, but -- .but that's kind of our train of thought was if we get too many of these out there that's a pretty big sign, they start to block each other's signs and, then, you can't even see any signs. So, that's just our train of thought, but -- Bird: Follow up, Mayor. De Weerd: Yes, Mr. bird Bird: Yeah. You say there is 245 and probably all of them don't need to put up temporary signs or won't put up temporary signs, but, you know, that's their -- that's their prerogative and every one of them of those 245 is being affected by that road. So, I don't care if there is a thousand of them there, we -- they need to have a sign that they can get the message out on it. Eight square foot don't cut the mustard in my opinion. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, eight square feet is about the size of a sandwich board sign and that was -- that is the size of a sandwich board sign. So, those are the comments we looked at. Campaign signs are six square feet. The sandwich board signs are eight square feet. So, trying to look at the number -- and, again, this isn't the only sign. That this is in addition to the other signs that are allowed that can be larger and even more numerous and be in more locations, it was just an additional allowance for it. Certainly if you would like the signs to be larger in size, that's Meridian City Council November 7, 2012 Page 38 of 52 fine. We were trying to balance the volume and the size at the same time, but eight square feet, the reason we settled no that, that's the approximate size of what a sandwich board sign looks like. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Yeah. I was thinking -- I was trying to visualize the barber -- Fred's Barbershop, you know, what does that look like. If you say Fred's Barbershop -- Barbershop Iguess is one word and, then, have an arrow. And I was thinking like a three by four. But if -- as Mr. Nary mentioned -- and I think you did, too, Caleb, could you run through again -- we aren't talking that's the only sign that Fred can have. You know, he's got his sign out in front of the shop, which does him no good, because the road is closed. I know we have the ACHD signs that point access coming up Pine, Fred's is this way, coming off another street Fred's is that way. What other options are there for them again? Can you run through those? Hood: And, again, you know, some of these -- you, obviously, need to work with the underlying property owner for businesses that are on Meridian Road. It doesn't do anything good to put them on your property during the project, but there are limited duration signs, which can be off site. Promotional sales events -- I think those are only good for 160 days, so you would need -- it wouldn't last you throughout the whole project. Special events, which I think allow up to 200 signs. Business identification sign, which is like Fred's existing sign. They are typically more durable, free standing signs, but under business identification sign you can have banners, canopy signs, hanging signs, and other portable signs. So, there are options. Again, a lot of them -- some of those -- well, all those can be off site. Some of the business signs -- if you were to put it on a vacant lot you're okay. A lot of times you can't have multiple businesses advertised on the site, so if you want to put something in front of Flat Bread or something, there are some conflicts there, so I'm not saying that every business would be eligible for every one of those ones listed, but those are options that are all available. Hoaglun: Okay. Thank you. That helps. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I agree with Councilman Bird in terms of the signage size. Particularly for those who have their access -- not eliminated, there has been some temporary access provided, but those that are off the main street, particularly Meridian Road and the southern part of the split corridor. I don't see anything larger than the sandwich board -- anybody would want anywhere else in town. I don't see why you would want to do something on Main Street. If somebody on Meridian Road could convince somebody Meridian City Council November 7, 2012 Page 39 of 52 on Main Street to put their sign up, that might happen, but I don't know how many of those deals they are going to get cut and to me it's almost self-policing that -- I mean I don't see anybody on Main Street putting afour-by-eight sign next to their sign telling them to go to Fred's. So, it seems to me it it's possible for those businesses, particularly on Meridian Road, to get a sign located off their premise or even on their premise, that can help direct people to them on the size that's say 16 square feet. Four by four. I'm okay with that. I can appreciate the fact that there is 245 businesses in the boundaries you have established, but in the size I don't see many of those, other than those folks that have had their direct access compromised with this project wanting to do that. So, I think -- I know when we talked about it originally we said we want to do what we can do to encourage people to find those businesses. Bird: That's right. Rountree: I don't think -- my intent when I made those comments was that it was for the entire Old Town part of Meridian from 3rd to 3rd. Though I can see some need for that, given -- well, increased traffic will be an issue for people on Main Street. Now, there -- Lenders will like that, because the traffic volume will increase, but there are issues with lots of traffic. So, I would say if you could maybe put a finer point on the language and say those businesses with direct access removed by the project are allowed an off- premise or on-premise sign of no more than 16 square feet and any other business within this area you have established would be allowed afree-standing -- as an example, sandwich board sign of no more than -- in this case eight square feet. That would be -- that's my suggestion at this point. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, one of the things we considered -- and just so you know, the -- and you probably all recall this -- the north part of Fairview, Cherry Lane, will also be widened and that area will be very difficult to maneuver through. So, our concern from our committee was you may get people just simply wanting to avoid the downtown area completely. That was the reason why Main Street was included, is because we -- we are concerned that three months from now the Main Street merchants would be telling you the same thing. So, it's certainly fine, we can certainly divide the ordinance between access to Meridian -- like I said, our struggle was you have got -- you have got businesses that access Meridian that don't have addresses on Meridian. We have businesses that are on the side streets that are impacted by the inability to traverse between Meridian and Main Street. So, that's why we created the whole area. We can certainly split the difference between the sizes for the businesses, but, like I said, we were concerned we just didn't know whether or not with a north construction, the north curb getting closed and that, that type of construction that people are simply going to drive around the complete downtown area. So, that was the reason. But we can certainly split the difference if that's your -- if that's your direction we can certain create that in the ordinance. It's not a -- Meridian City Council November 7, 2012 Page 40 of 52 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would agree that my original thought was to do something special for the Meridian Road businesses specific. I have no problem with what has just been suggested that -- that a larger area is included for the eight foot signs, but, again, anybody that is normally accessed off of Meridian Road, there is another layer there where we allow them a 16 foot sign and leven -- I will throw this out for discussion -- I would like to offer that the Meridian Road businesses in particular we offer to do this waiving the fee for the permit. Rountree: That's all part of it. Zaremba: All right. That's already in there. Sorry. De Weerd: I would also say there are side roads that have been impacted because you can't drive through as well. So, it's -- it does go further as both Bill and Caleb have stated. Anything further? Any questions? Hoaglun: Just a comment, Madam Mayor. I like Councilman Rountree's recommendation. I know that would probably delay things a bit, but I think it's worth pursuing. My two cents. Bird: Sixteen and eight? Hoaglun: Sixteen and eight. Yeah Bird: I have no problem with it. Hood: Just for clarification -- excuse me. You mentioned businesses that their normal access has been impacted would be eligible, so, basically, we are talking about projects north of the railroad tracks. I just want to clarify that and let you know that the two businesses that approached me and we have still some allowance for this to allow eight square feet, but the two businesses that approached me during that town hall were NAPA and Bruneel, who would be allowed the smaller sign, but not the larger one, they are on Meridian Road, which most of their traffic comes down Meridian Road, but their access isn't directly impacted, they still have driveways, so I just -- I'm not trying to throw a wrench in this last minute, just letting you know that's who I talked to. They may or may not be okay with eight square feet, I don't know, but that's -- were the concerns that I heard from was businesses south of the tracks even, so -- Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council November 7, 2012 Page 41 of 52 Hoaglun: One of the things, you know, that the -- the media that goes out on this, is we talk about Meridian Road being closed and, you know, Mr. Palmer has a business on the corner of Meridian and Cherry and he has some access, but the perception out there is that Meridian Road is closed. So, I -- my -- my thinking is anybody in that Meridian Road corridor would -- from Franklin to -- I can't read the -- north of Cherry Lane, way up there, in that Meridian Road Corridor, could utilize the four-by-four. That's how I see it, just because of the perception that's out there that, you know, Meridian Road, it's closed for business. Anybody who is on Meridian Road you have to get there in a different way. When, yeah, you know, NAPA Auto Parts there, you don't have to. I was just there this weekend, so --but that's the perception that's out there, so -- De Weerd: I think you just emphasized why they have drawn the red rectangles that they did. Hoaglun: Madam Mayor, they certainly looked at this very well and -- yeah, it's complicated. It's a bigger issue than just one street. It impacts a lot of different areas. De Weerd: Mr. Nary? Nary: Madam Mayor, thank. you. So, just for the. ordinance sake,. not to get all lawyery, Council. Any property that has frontage along Meridian Road -- because we had a concern -- like the bank -- the Bank of the Cascades are -- doesn't have frontage -- I mean they have frontage, but they don't have access from Meridian Road, but, obviously, they are impacted as well. So, as long as they have frontage along Meridian Road they would be eligible for the larger sign. If they had frontage in this designated area or they have a business in the designated area, they could have the eight square foot sign. So -- okay. We can craft that in an ordinance. Bird: I will go along with that Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would say frontage or sidage, if that includes the bank. Hoaglun: Is that a sideways comment? Zaremba: Uh-huh. As usual. De Weerd: Usually. Is there any comment? Palmer: I haven't had much sleep in the last two days, so -- anyway, I was just going to add a little bit of information -- Meridian City Council November 7, 2012 Page 42 of 52 De Weerd: Just for the record if you would state your name. Palmer: Joe Palmer. De Weerd: Thanks. Palmer: Business address 1524 North Meridian Road. De Weerd: Thank you. Palmer: My signs are 22 square feet. They are big, but that's what they are. My -- I have a sandwich board sign that is four foot by four foot, that's 16 square foot, and that one I put out three days before the road was closed. In ten years I have had three zero days. Those were the three days that the road was closed with my four foot by four foot sign on the Main Street. Ada County Highway District came by and said how is it going, I said, well, I have done zero for three days, so I'm going to last about 30 days and I'm done. They brought in their digital board, which was four foot by eight foot, 32 square feet, that day we made up for the previously three days and it's now fenced and we have done average days ever since. So, basically, they leave it there for about a week. I looked into buying one, they are 7,000 dollars, so -- but, anyway, .that's to kind of give you some information on vuhat signage does. Eight square feet is a sign. that you have that says open in your window. It's not asign -- you know, signs -- as a business they don't look that big from the street, but when you get up and see them, most signs are 25 to 32 square feet. That's just kind of average, so -- if you have any questions I would stand for them. Hoaglun: Madam Mayor and Joe, I was just curious. Did it direct -- did it just say Cherry's Home Consignment or did it direct them or -- Palmer: It has three digital -- it doesn't direct, it says -- it says Cherry's Furniture access. That's all it says. Hoaglun: Okay. So, it directs access. Okay. Palmer: It's a reader board -- yeah, it does say access on it. Hoaglun: And that sign again was how big? Palmer: Four foot by eight foot -- it's on a trailer, so it's in the air about six feet, so -- Bird: And that's on Main Street; right? Palmer: Yeah. It's on Main Street, because my access is off of -- like between two -- I have empty lots. So, I have got the perfect scenario to put up any size sign, because I'm not going to block anything. I mean preferably what I would like to do is four by eight, because that's what the material comes in and you can make a nice sign out of it. Meridian City Council November 7, 2012 Page 43 of 52 So -- but, you know, my four foot by four foot wasn't doing any good for the first three days, so I hope you consider that. It sounds like that's what you're doing is considering it as big as you can get away without, obviously, then, you start blocking traffic if you don't do things properly and all that kind of thing that comes into it, but anything you can do I would appreciate it. De Weerd: Well -- and it's also been recognized that the orange ACHD sign while they are new right now, they quickly become blended in with the rest of the things. Rountree: And they are small. De Weerd: Yeah. Bird: And they are small. If you're going over five miles an hour you can't read them. De Weerd: Questions for Mr. Palmer? Bird: I have none. Palmer: Thank you. De Weerd: Thank you. Any other comments? Okay. So, Council, what would you like staff to do at this time? Certainly, Mr. Nair, they could approve something this evening with you to bring back. I know there is a time element, but -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Until we get this ordinance straightened out and passed, maybe we can be a little lenient our code enforcement for a week or so with our people. I mean I hate doing that, don't get me wrong, but -- but, you know, this -- in the first place, in a lot of businesses from November to Christmastime is a lot of their income and you know -- and lappreciate the way Central Paving has went to town and got the job going and everything, but I think we need to really take a hard look at what -- make sure that we do everything possible, as we said from the start, to help those businesses. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, if you -- a 32 square foot sign is the size of a sheet of plywood. Four by eight. So, I -- one of the things Councilman Rountree said a little bit ago was they are somewhat self-policing; right? I mean I don't envision 245 sheets of plywood along Meridian Road or Cherry Lane or that -- I hope to shout that we don't see that. Because they do require property owner's permission, I can Meridian City Council November 7, 2012 Page 44 of 52 almost guarantee you ACHD is not going to allow a 32 square foot sign on the sidewalk, because it's just too big. So, they are going to be somewhat self-policing, because they are going to require property owner permission. We could certainly put in the ordinance up to 32 square feet, that would allow them to decide what works for them, because these are very expensive. I mean unless you, you know, can afford it, I mean you go -- commercially made metal 32 square foot sign it's going to cost you a few hundred dollars, so it's not something cheap. So, we just want to be as flexible as we can. There certain is not a rapid movement like code enforcement in the last week or the next week to go out and chase these things, they just want some way to verify that it's allowed to be where it is, that's why we want them to use the permitting system, because we can allow it, we have an easy way to access the record, we can designate where it's supposed to be, we are not charging for it, so they really -- our intent was -- the person would bring in the map or the map would be part of the application, they could say here is where my business is, here is where the sign is. We can mark it on the map and, then, we put it in the system and it's done. Next year, if the project gets done on time, October 7th, the code enforcement would know that sign needs to come down, that sign needs to come down, and that can be done very easily. So, if you want us to, we could certainly make it up to 32 square feet for the -- again, the properties that have frontage along Meridian Road. We can do that eight square feet for the property -- for every other area property, whether they are on the side streets or Main Street and if -- our only concern is once you open the door and we don't like the result we are going to have a hard time really taking it back. So, we just didn't want to -- but I think as Councilman Rountree said, I think it's going to police itself, because these are not going to be everywhere, they just -- Bird: No. Nary: -- they won't likely -- no one will see it if they do it that way. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I agree with that suggestion. Up to 32 and, in fact, it all goes away a year from now anyhow. Nary: Right. De Weerd: In less than that. Zaremba: Even if we get ugly ones that we don't like, so -- De Weerd: Anything further from Council? So, direction is if we can get it in a form of a motion -- correct? Meridian City Council November 7, 2012 Page 45 of 52 Nary: Madam Mayor, if that's the direction we will have an ordinance on your agenda next week for approval. De Weerd: Okay. And you have the specifics of that stating, so that code cannot turn a blind eye, but it is allowed because Council has directed it in form. Okay? Perfect. B. Ordinance No. 12-1532: Temporary Sign Allowance for Permanent Proprietors within the Ada County Highway District's Meridian Split Corridor Phase 2 Roadway Project De Weerd: Item 8-B is Ordinance No. 12-1532. Madam Clerk, will you, please, read this ordinance by title only? Nary: This one is moved to next week. C. Legal Department: Discussion on Update to Animal Control Code De Weerd. Mr. Nary Nary: Thank you, Madam Mayor, Members of the Council. This is a cleanup ordinance that you have in front of you. There is a couple of -- just a couple of items that are simply a cleanup. One of them is -- is there is a discrepancy in our city code in regards to dogs and dogs off leash. Our code -- our parks code allows us to have dogs off leash in the park at the direction of the director and you authorized the use of Kleiner Park as an off leash dog park for a certain period of time. Our city code in dogs says you can't have a dog off a leash anywhere in the city at anytime. Obviously that conflict is already existing, so the Kleiner issue is not -- it's not really the issue. That would prohibit having dogs off leash in the dog park now. So, we have never enforced that, we have always taken the specifics of the parks ordinance, but now that we are going to expand the area of where it's going to be used, we felt it's probably an appropriate time to clean up the ordinance and make sure there is no conflict between the two. So, that's -- that is what that was and there is also a definitional request by our -- our police attorney and prosecutor in regards to some definitions and regarding dogs, so he asked if we would just clean that up as well. So, they are very minor changes. We think it's simply ready to be approved tonight if you're comfortable with it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Nary, what is -- I have some real concerns when you -- out at a park with a bunch of kids around and you're letting dogs run loose off a leash, what is -- what is -- what is our liability regarding that? Because, you know, a lot of dogs people don't have control over, a lot of dogs people have good control over, but it -- it kind of bothers me. Meridian City Council November 7, 2012 Page 46 of 52 De Weerd: Mr. Nary? Nary: Thank you. Madam Mayor, Members of the Council, Council Member Bird, recreational immunity in the state of Idaho is very clear, so if you have a recreational property that you allow the public to access for no cost or no charge, then any injury that's relative to the use of that property is -- the governmental entity is immune or the private entity is immune from -- from a lawsuit. I totally understand your concern and our discussion with the parks department really is making sure that there is adequate signage and notice to people that are going to use Kleiner Park that there is an off leash area during certain times of the day, because the issue of whether a dog is off a leash or not and whether you're liable I mean exists today, right, so you could have a dog bite somebody in the dog park and the reality is is that it's no different than if we allow it in the Kleiner Park. But you enter a cage to go in to the dog park, so you have some idea that there is a risk, but -- and there isn't one that's intended for Kleiner, but, again, if there is adequate notice to folks, again, they have the ability to choose to enter the area or not. Because a dog owner is always responsible for the behavior of their animal. So, the dog owner is the first person who is liable, whether they are on the street, whether they are off the leash, whether it's anywhere other than on their own personal property, they are always going to be liable first for the actions of their animal. De. Weerd: Okay. Thank you, Mr. Nary. Any other questions for Mr. Nary at this time? Bird: I have none. De Weerd: So, how would you like to proceed with it? Bird: Read the ordinance. D. Ordinance No. 12-1533: Animal Control Code Updates De Weerd: Okay. Okay. Item 8-D is Ordinance 12-1533. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Ordinance No. 12-1533, an ordinance of the City of Meridian amending Meridian City Code Section 6-2-8A relating to barking dogs, amending Meridian City Code Section 6-2-8B relating to dogs at large, providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, Council? Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: I move approval of Ordinance 12-1533 with suspension of rules Meridian City Council November 7, 2012 Page 47 of 52 Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-D. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Staff: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Information ServiceslHuman Resources: Department Update De Weerd: Item 8-E. Council, you probably can tell by the title of this item that we have named the Information Services Department and it accurately reflects the services between the divisions that would be in Information Technology and our City Clerk's Office. We have proceeded and I will ask you to -- Bill or Jaycee to provide any additional information, but they have been meeting with the staffs in both departments about the merger of the two and -- and that is between the -- the four, the two co- managers of IT and Bill and Jaycee, that they did come up with the Information Services Department title. There will be a difference in salary of probably around 10,000 dollars and a budget amendment will be forthcoming at the end of a six month evaluation period. We need to see if this merger has any impact on any of the other positions. This gives Jaycee an opportunity to see what that might be. She doesn't anticipate any changes at this time, but does want that time period to evaluate what potential impact that would have. I guess at this point I would ask if there is any other information that either of you would like to add? Holman: Madam Mayor, I just have a question. De Weerd: Yes. Holman: Who is our liaison? De Weerd: Well, probably Mr. Hoaglun, as he is your liaison at this point. Hoaglun: Okay. Madam Mayor, Members of the Council, we have met with all the staff in IT and Jaycee knows all the staff in the clerk's office and everybody understands the logic and the rationale of moving all of our information services into one department, they understand how the organizational structure at least will be at the outset and they recognize that over some time period that Jaycee will be making that evaluation on whether or not any other changes are appropriate, whether it's this current fiscal year or in the next fiscal year. I did talk with finance and ask if we needed to do a budget amendment now. Todd's recommendation was, no, you know, we can -- we can deal with any salary issues now, but we can evaluate whatever is necessary, because, Meridian Cily Council November 7, 2012 Page 48 of 52 obviously, if there is some logistical changes that are necessary that are usually fairly minor and the -- to be honest finance doesn't care what departments are called, they have budgets for the different sections of the city and they don't care which -- they just need to know who is supposed to sign the PO and who is supposed to sign the different things. So, they don't really -- they don't group the budgets based on the department specifically. Over the last six years I have always had a budget for IT and a budget for HR and a budget for legal and we have different allocations within those budgets for different line items, so there we are not concerned about doing a budget amendment now. It needs to be done before the end of the fiscal year, so Todd's recommendation was let Jaycee evaluate what she needs and we will bring it forward in the future. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor. I think this is a great idea and congratulations to Jaycee, I think that's wonderful. Just for confirmation, we are not talking about really any physical moves, right? Everybody pretty much stays physically where they are? De Weerd: They stay physically where they are. I think that Jaycee will be doing some commuting between departments, but the physical space is not changing. Zaremba: Thank you. De Weerd: Okay. Holman: Madam Mayor, Members of the Council, I just thank you very much for the opportunity. So, thank you.. F. Solid Waste Advisory Commission: Recommendation Regarding the September 26th, 2012 Ada County Response Letter De Weerd: Item 8-F is a report and a recommendation from the Solid Waste Advisory Commission. I will ask Mr. Nary to provide comment. Nary: Thank you. Madam Mayor, Members of the Council, you may recall earlier -- the late part of the summer you sent a letter to the Ada County Board of Commissioners regarding some of the projects that were going on there and of adequate noticing of those projects to both you, as well as the public. You did receive a comment back from them at the end of September and your direction was to have the solid waste commission review it and decide if any additional comment was necessary. So, you have in front of you a draft letter that was prepared today and approved by the solid waste commission to send back to the Board of Ada County Commissioners basically just outlining the specifics of what they were -- what they were trying to -- what you were trying to address previously, which was, again, what the statutory process is necessary when you are having a change in how you are managing your landfill. The state statute is very specific about what you're supposed to do and ways that you can avoid doing it Meridian City Council November 7, 2012 Page 49 of 52 and the county commission really didn't do either one of those things, so you pointed out in your earlier letter, they responded by raising some other issues about prior process they had used and whether we had followed their process, too, and such, which really started off the point. So, this is just to reconfirm this is the position of the city. We felt it was important from the Commission standpoint to recommend that the city provide them at least a very clear, very short letter saying here is what we were trying to advise you, here is why we think it's important and if you think this is adequate this is their recommendation to send onto the county. De Weerd: I think the last sentence in the first paragraph is very confusing, but, Council, I guess the -- do you think at this point a letter is necessary? I don't want to poke people in the eyes unnecessarily, but -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: SWAC discussed this letter this afternoon. They made some edits and I think they will probably be getting those to Bill. They supported a letter. I guess my comment specifically to the letter is are we just entering into yet another letter writing campaign and they are going to write back and say, well, we don't need to do this and we -- our council says we don't and it's like we have been going back and forth. The thing I'm going to throw out here is that planning and zoning -- county planning and zoning has a hearing tomorrow night on this very subject and it's interesting in their publicity on that they have indicated that this is the first public hearing that they have held on this particular issue and I thought that was a bit enlightening coming from the county. We probably need to frame that. But would it be more appropriate to clarify Meridian's position and all along our position has been -- we are concerned about the process. To a degree we are concerned about the project, because we don't have and never had that very good clear information. But our issue has always been process and maybe a letter like this or this letter be submitted as testimony to that hearing to planning and zoning, because I'm sure they have never been apprised of the issues. All they have read is what's in the newspaper and it's been inaccurate. We have never been on record as opposing the project. We have been critical of the process that the county has pursued and I think all we are asking the county is to follow the state statute, which we don't believe they have done. I don't know where the -- is that something we would want to do is submit this as testimony or to post yet another letter back and forth between us and the county commissioners? De Weerd: I think the public hearing does provide a good venue to submitting this written testimony. I don't know who would be going to the meeting. And, again, I think Council, then, has been very clear and it sounds like SWAC also talked about that earlier, that our issue has not been with Dynamis per se, they and the county are responsible doing that due diligence. Our issue has been the ability to see the feasibility study, to provide meaningful comment and listing public notice is what we could read in the newspaper when we are a customer is -- I don't see -- I would agree Meridian City Council November 7, 2012 Page 50 of 52 with SWAC that it doesn't follow the intent of this code. Additional comments? Any preferences from each Council on the need and where it should happen? Hoaglun: Madam Mayor, lagree -- I like sending this letter and I do like the idea doing it tomorrow night, that it be part of the voices that want to be heard on this issue. I think this is a legitimate concern about a process that's defined in state code and I think it's one way to get it out there and do it in a way --along with other folks who are concerned about this issue. De Weerd: Do we have staff, Mr. Nary, that had intended on being in attendance? Nary: Madam Mayor, Members of the Council, I don't know. I hadn't -- Ms. Mangerich from Public Works and environmental I know has followed a lot of this topic very closely. I don't know if she was intending to go. We can certainly determine if we can submit the letter without being in attendance. I think, you know, we might want to -- like you said, Madam Mayor, clean up that last sentence or delete it, I don't know if it's even necessary. We could change the letterhead -- or change the direction to the planning and zoning commission of Ada County and submit it tomorrow prior to the hearing. I don't -- I don't know what their process is, Pete, on whether that's something that could be done electronically or whether we have to typically go. Friedman: Madam Mayor, Members of the Council, Mr. Nary, I think in the past that we can submit it electronically and just as long as we can get it there before they start the hearing. I would send it to the director of development services, ask that it be placed in the public record. I would probably also cc a number of other folks up there. I will also call her in the morning to make sure that that -- it will get in the record if we choose to do it that way. Bird: Madam Mayor? De Weerd: Yes. Mr. Bird Bird: My concern, though, is doing it that way it's not going to get read right there at the pukilic hearing. It's just going to be noted that it's in the public record. If you want to see it, go look at it. Am I not right, Pete? Friedman: Madam Mayor, Members of the Council, Council Member Bird. Yeah. I don't know that the county staff would read it directly into the record. I believe they would enter it into the record that there is a letter from the City of Meridian to the commission. Bird: I would personally -- follow-up. Sorry, Mayor. I would personally like to it read into the record, because -- and I don't think -- I'm like Councilman Rountree, I don't want to play a letter chain going, but this way we are not playing a letter chain, we are putting out a letter that our feelings have been expressed many a time and has never got to Meridian City Council November 7, 2012 Page 51 of 52 anybody, but a couple of commissioners or whatever the newspaper has allowed it. So, I -- if there is any way we could get it read into the record down there I would be for it. Nary: Madam Mayor, we will try to see if we can get a staff person to be able to go. De Weerd: Okay. Thank you. Anything further from Council? Hoaglun: And, Madam Mayor, I just have a few minor word edits I'd like to submit to Mr. Nary, if that's okay with Council Members? Rountree: Yes. Item 9: Future Meeting Topics De Weerd: Okay. Well, Council, we are at Item No. 9, Future Meeting Topics. Any topics for consideration for future agendas? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Not really a topic, but I anticipate that I may miss the meeting of the 20th and wonder if that threatens a quorum? Bird: Not me. Hoaglun: I will be here. Rountree: No. Zaremba: Okay. Thank you. De Weerd: Very good. Bird: Out of town for Thanksgiving? Zaremba: We are thinking about it. Bird: Good. De Weerd: Well, very good. With that said, Council, I would entertain a motion to adjourn. Rountree: So moved. Zaremba: Second. Meridian City Council November 7, 2012 Page 52 of 52 Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED 9:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T Y DE WEERD DATE APPROVED ATTEST: E LMAN, CITY CLERK/~~` ~9 0~ ~ ~1~ OE ~ ~ tDI.~;~~, ,a apAHA ~' ~~:d'~.,L., w ~~ ~~ ~~~ 4~ ~~t~e TltFA5~~'F. Changes to Agenda, s r ,~ - Item #7A: King (AZ-11-003) -Request for continuance to Apnl 16, 2013 OIL' ~~ ~ ~b~p C Item #7B. Central Valley Corporate Park (VAC•12.005} Applications}: - Vacation Location; This site is located at 690 S. Industry Way. History: In 1989, the property was platted as part of Central Valley Corporate Park. Later,. a record of survey (ROS 4357) was approved consolidating the lots however, the ROS did not vacate the platted easement. In 2005, a certificate of zoning compliance was approved to develop a 14,526 square foot offce building. Summary of Request; The applicant requests approval to vacate the two 5-foot wide permanent ublic utilities, . .. p drainage, and irrigation (PUDI) easements located on the common interior lot line between Lots 10 and 11, Block 1 of Central Valley Corporate Park. The two lots have been consolidated into one properly through a record of surrey. An existing commercial building is constructed over said easements and no utilities are located within the easements. All public utilities (Idaho Power, Century Link, Cable One, Intermountain Gas) have given consent to relinquish the easement. NMID submitted a letter stating the only easement it has in the area is the 60-foot wide Nine Mile Creek easement along the eastern boundary which is to remain protected. Staff recommends approval of vaca~ng the easements. Written Testimony: None Outstanding Issues}forCity Council; i. None Notes: Item #lC: Spurwing Right•of•Way (VAC•12.006) Application(s): - Vacation Location; This site is located on the north side of Chinden Boulevard, west of Linder Road. History; In 2011, City Council approved the annexation, rezone, prelimina tat conditional use ermi develo ment a reem ~ p p t' p g ent modification and variance to develop a new nine (9) hole executive golf course and estate lot subdivision known as Spurwing Challenge. A new road alignment was a roved with this subdivision ' anew ublic stree ~ ~ ~ ~ pp that depicts p t at the half mile consistent with city ordinance. The approval of the variance allowed N. S urwin Way to remain asright-inlri ht-out onl roadwa . p g g Y Y Summary of Request; The applicant requests approval to vacate a portion of the existin N. S urwin ' wa 1.39 acres I ~ ~ ~ ~ g p g Way right-of Y ( ) p atted with the Spurwing Subdivision. Currently, N. Spurwin Wa serves as the main ' the S urwin Subdivisio ~ g Y entrance into p g n. The right-of way is being vacated and exchanged in order to construct a new roadwa that aligns with N. Long Lake Wa at the half mile consistent w' Y Y ith the Spurwmg Challenge Subdivision approvals. The applicant is proposing to close the access and convert the roadwa into a rivate street with a Y p future final plat application. No utility easements are being requested for vacation with the sub'ect a lication. 1 pp In order for ACHD to act on the applicant's request to vacate the existin ri ht-of wa ACHD ' recommendation for a r g g Y~ must receive a pp oval (consent) from the City Council. Because the applicant is closin access to Chinden Boulevard and a new roadwa is tanned a ~ g y p t the half mile consistent with the UDC, staff recommends approval of the vacation. Written Testimony ; None Outstanding Issue(s) for City Council: i. None Notes; Item #lD & E: Villas @Lochsa Falls (AZ-12.009 and PP-12.008] Application(s): - Annexation & Zoning - Preliminary Plat - Alternative Compliance Size of property, existing zoning, and location: This site consists of two (2) parcels totaling 5.67 acres, zoned RUT in Ada County, and is located on the west side of N. Linder Road, midway between Chinden & McMillan. Adjacent Land Use & Zoning: 1. North: Lochsa Falls Subdivision; zoned R-4 2. West: Lochsa Falls Subdivision; zoned R-4 3. South: Lochsa Falls Subdivision; zoned R-4 4. East: Rocky Mountain High School; zoned R-8 History: In 2008, City Council approved an annexation, preliminary plat and conditional use permit fora 21-unit multi-family development on the northern parcel. The DA was not signed thus the approvals have expired. Summary of Request: The applicant requests approval to annex & zone 5.67 acres of land with R-8 zoning district and preliminary plat 31 residential lots and 5 common lots on 4.95 acres of land. Two existing homes will remain part of the project. Average lot size is 5,321 square feet. The gross density for the proposed plat is 6.26 units to the acre. The proposed zoning and density is consistent with the Medium Density residential land use designation for this site. The subdivision is planned to have three phases. The first phase includes the three lots that front on Linder Road. The second phase will include the development of 17 buildable lots and the third will develop with the remaining 11 lots. W. Cedar Grove Street is stubbed at the western boundary and will be extended with the plat as well as the construction of a new public street (N. Cougar Flat Place).The majority of the proposed lots will take access from the new street. The applicant is requesting Council to allow one driveway from Linder Road to serve as access for the two existing homes and one additional lot. The three (3) residential lots will share the use of a common driveway to ensure vehicles are not backing out on Linder Road. ACRD has informed staff they are recommending to waiver to their commission on the proposed access. The UDC requires the City Council grant a waiver for the access to Linder Road. A 25-foot wide landscape buffer is required along Linder Road. Since two homes (are to remain as part of the project, strict conformance to the required buffer width is not feasible. A 10-foot wide landscape is proposed abutting Lots 16,18 and 25, Block 1 and has been approved by the director through the alternative compliance. Open space being proposed within the plat is 7.37%. Given the proximity of the homes adjacent to Linder Road, it is impossible for the structures to comply with the 25-foot street setback thus homes will beclassified asnon-conforming. The structures will comply with the side yard and rear setbacks. The UDC allows the existence ofnon-conforming structures provided any additions or modifications comply with the dimensional standards ofthe R-8 zone. The applicant has submitted sample elevations depicting the style of homes planned for the proposed subdivision. The designs depict a mix of building materials (lap siding, cedar shake siding, and board and batten sidings decorative shutters, decorative corbels and stone wainscot. A recommended DA provision requires compliance with the submitted. building elevations. Commission Recommendation: Approval at the October 4, 2012 Public Hearing Summary of Commission Public Hearing: i. In favor: Ross Erikson and Jeremy Telford ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. The Commission struck conditions 1.2.4 and 1.3.9. ii. The Commission modified DA provision B to allow the existing homes to connect to city services within 18 months of annexation approval. Written Testimony since Commission Hearing: Ross Erikson in agreement with the Commission's recommendations. Outstanding Issue(s) for City Council: i. Granting a waiver for an access to Linder Road. If access is not. granted then the plat will have to be redesigned to provide local street access to all of the proposed lots, ii. The applicant is requesting Council fo approve the street name from N, Cougar Flaf Place fo Landon Creek Drive, Notes: Item #7F: Hacienda East Subdivision (PP•12.011) Application(s): Preliminary plat Size of property, existing zoning, and location: This site consists of 2.14 acres is zoned R-8 . , and is located east of N, Meridian Road and south of Chinden Boulevard. Adjacent Land Use & Zoning: 1. North: Holy Apostles Church; zoned RUT (Ada County) 2. East: Saguaro Canyon Subdivision; zoned R-4. 3. South: Single Family Residence; zoned RUT (Ada County} 4. West: Single Family Residences and Paramount Subdivision; zoned RUT Ada Coun and R-8. ( tY) History; The subject property received annexation (AZ-04-034), preliminary plat PP-04-043 and conditional use ' ~ ), permitlplanned development (CUP-04-052} approval in 2004, The approved final plat consists of 96 residential lots atio homes and tow (p nhomes) and 28 common lots on 19.63 acres. Summary of Request: A preliminary plat is proposed for 17 building lots on 2.14 acres of land. The ro osed lat is converts the p p p remaining twenty-nine (29) townhome lots and three (3}common lots platted with the Hacienda Subdivision into sin le famil atio home lots. Lot sizes ran a between 5 061 an g y p g d 5,993 square feet. All of the proposed lots conform to the R-8 dimensional standards, Even with the loss of the common lots, the overall open space requirements for the Hacienda Subdivision com lies with the 10 ercent o en s ace re uired b the I ' ' ~ ~ ~ ~ p p p p q y panned development. Amenities within the development include passive open space lots, internal pathways, clubhouse and a pool Access to the proposed lots is provided from the existin street s stem develo ed with the H i ' ' ' g Y p acenda Subdivision. No changes are proposed to the existing street network. Commission Recommendation: Approval at the October 4, 2012 Public Hearing Summary of Commission Public Hearing: i. In favor: Jon Breckon ii. In opposition: None iii. Commenting; None iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: None Outstanding Issue(s) forCity Council: i. None Notes: Item #lG & H: SGI (AZ•12.010;OUP-12.008) Application(s): - Annexation & Zoning Conditional Use Permit Size of property, existing zoning, and location: This site consists of 1.45 acre ' s of land zoned RUT in Ada County and is located at 2420 N. Eagle Road on the NEC of Eagle & River Valley. Summary of Request; The ap licant re vests annexatio p q n & zoning approval of 1.45 acres of land with a C-G zoning district, consistent with the MU-R Comprehensive Plan Future Land Use Ma desi nation. A CUP is r ' a C-G district within 3 ~ ~ p g equested for a dove-thru establishment in 00 of a residential use & district. The property fo the east iszoned R-40 and an a artmenf ' under construction on the site. p complex is currently Since the Commission meeting, the site plans have been revised to address concerns related t ' o stacking & obstruction of the parking area & northlsouth drive aisle. Two different options for development have been submitted. The 1 Sc ' option Option A is for a 10150 s.f. multi-tenant retail building. The 2nd option, Option B, is for one 5,040 s.f. retail buildin and a 2 879 s.f. r ~ ' 0 tion B the site would ~ ~ . , g ~ estaurant with a drive-thru. In p develop in two phases with the retail building developing 1St. Conceptual buildin elevations for the r ' buildings ro osed in 0 tions A & B hav ~ g etail p p p e been submitted; however elevations for the drive-thru restaurant have not been submitted as there is not yet a user. Access to the site is proposed via River Valley; direct access to Eagle is prohibited. A northlsouth drivewa i y s proposed as a backage road along the east boundary of the site for access to River Valley by the sub'ect ro ert and the ro ernes to of the South Slou h ~ p p y p p the north that are south g .Cross-access is required to be provided to those properties. A 35-foot wide landscape street buffer is required alon Ea le & a 20-foot wide buffer is r ' g 9 equired along River Valley as shown on the landscape plan. A 25-foot wide landscape buffer is required along the east bounda adjacent to the future resid ' ry 1 ential uses currently under construction in the Regency at River Valley project. The applicant requests Council a royal of a reduction in h ' 15 feet. The a lican ' ' " ' ' ~ ~ pp t e buffer width to pp f s ~usfifrcafion for a reduced buffer width is fhaf the adjacent property fo the east is rovidin a 5-foot wide buffer with a 6-foot fall vin l fence. Addifionall fh ~ p g y y, ere will be a drive aisle and parking rather than a residence adjacent fo fhaf bounda . Further, when River Valley was consfrucfed an access oint/cur ry p b cut was consfrucfed on this site in the location shown per the intersection setback requirements from Eagle Road which established the ent and buffer width. ry A 10-foot wide multi-use pathway is depicted on the site Ian alon Ea le & River Valle in p g g y accord wlthe Master Pathways Plan. Business hours ofoperation inthe C-G district are limited from 6 am to 11 pm because the ro ert abuts a residential ~ ' ' p p y district & future residential uses. There are specific use standards listed in the UDC for drive-thru establishments that a I to the dev ' pp y elopment of this site with Option B. Staff has reviewed the revised plans & found them to comply with these standards. Commission Recommendation; Approval at the October 4t" public hearing Summary of Commission Public Hearing; i. In favor: Doug Russell, Ben Kneadler ii. In opposition: None iii. Commenting: None iv. Written testimony: Phil Hull Key Issue(s) of Discussion by Commission: i. The configuration of the drive-thru and trafhc circulation within the site;. ii. Concerns regarding stacking from the drive-thru into the one-way drive aisle in the parking area andlor the northlsouth drive aisle along the east boundary of the site. Key Commission Change(s) to Staff Recommendation: i. None Outstanding .Issue(s) for City Council: i. The Commission directed the applicant to work with staff on re-design of the drive-thru to address concerns related to circulation and stacking on the site. The site & landscape plans included in Exhibit A reflect the revisions made after the Commission meeting. ii. The applicant requests Council approval of a reduction to the buffer width required on C-G zoned ro ert ad'acent to residential roe from p p y ~ p p dY the required 25 feet to 15 feet at the east boundary of the site. ii, Staff recommends a rovision p be added to the DA requirin edestri ' Road Corridor Study to be installed a g p an lighting and landscaping consistent with long the multi-use pathwa ad'acent to the Eagle listed in UDC 11-3H-4C. Y 1 Eagle Rd./SH 55 in accord with the s tandards Written Testimony since Commissio ' n Hearing; Phil Hull Staff Recommendation; Staff recomme nds approval of the AZ wla DA er the rovi ' ' p p sions in the staff report & approval of the CUP. Notes: Item #11:Zebulon Villa a Subdivi ' 9 stun (PP•12.009) Application(s); - Preliminary Plat Size of property, existing zonin and I McMillan g~ ocation: This property consists of 14.94 acre Road & west of N. Eagle Road, s of land, zoned R-4, located south of E. History; This site was annexed in 2005 a ' subdiv' ' nil included in the preliminary plat & lnned ision. p development (PD) for Zebulon Hei hts 9 Summary of Request: The pro osed lat c ' ' The r p p onsists of 40 building lots & 7 commonlother I p oposed density is 2.68 dwelling unitslacre consis ~ ots on 14.94 acres in an R-4 zoning district, dimensional stand tent with the reduced density approved with the arils ofthe R-4 district. PD. All proposed lots meet the Access to the portion of the plat that is south of subdivisi Settler s canal is proposed internal) via revio on. The area north of the canal will be accessed vi ' • y p us phases of Zebulon Heights boundary of the site. A edestri ~ a an existing stub street in Madison Park subdivision at the p an badge is proposed over the Settler's canal for northeast amenities in Zebulon Heights, to the south. access from the northern portion of the site to the Open space (11.8%) & site amenities an extra ° ( 5/° open space & parkwa s are ro ' ' ~ ' standards. Y) p posed within the site ~n accord with UD C Commission Recommendation: A royal at th ch pp a October 4 public heanng Summary of Commission Public Hearin ; i. In favor: B g ecky McKay ii. In opposition: None iii. Commenting: None iv. Written testimony; Becky McKa Y Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recomme ' . , , ndation: i. Strike condition #1.1.34 that requires landsca in Block 2 w p g along all pathways. There are wafer & sewer lines ' here the only pathway on this site rs locafed~ tree ~ ~ . running fhrough Lof 9, s area t allowed within wafer & sewer easements. Written Testimony since Commission Hearin : g Becky McKay Outstanding Issue(s) for City Council: i. The applicant requests condition #1.1.3a re uiri ~ ' Lot 9 B q ng 4 tall bollard lighting along the pathwa throw h th ' lock 2 be removed. Per UDC 11-3A-8H, bollard li ~ y g e internal common area on a licanf submit ghfing rs required unless otherwise waived b fhe Dir pp s a photomefric report showing the boundaries of fh ~ Y , ector. If fhe Director ma waive there ui e lighting from fhe sfreef lights wifhrn fhe common are Y q rement for bollard lighting, a, fhe ii. In regard to condition #1.1,3c which re wires Cla Class I r q ss II trees to be planted within parkwa s or arkwa s t tees, the applicant requests approval to allow Chan ' y p, Y o be widened to 10 for planted within the 8' ticleer Pear trees, which are classified as a Class I tie wide parkway along streets consistent with revious e, to be applicant s re west as this arfi ~ p phases of Zebulon. Staff recommends a royal of fhe ,,, q p cular variety rs comparable to a Class II tree as ver' pp iii. Staff recommends instead of strikm c ' ' ified by Jay Gibbons, landscape architect. . , g ondition #1.1.34 as the Commission recommended the ' trees elsewhere within the site outside of an Basemen ' ~ ~ applicant relocate the required athwa . Y ts, other landscaping is still required in the common lot a ' p y daacent to the iv. The applicant requests a waiver to UDC 11-3A-6 w ' ~ ' due to ' ~ . ,hick requires piping of the Settler's Canal to allow th ' its large capacity, the applicant states it would re wire a " ' ~ • ~ e canal to remain open q 12 pipe (cond~fions #1.2.4 & 2.6). Staff Recommendation: Approval w/the conditions in E ' ' xhibit B Notes: Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 9, 2012 City Council Workshop Meeting MEETING NOTES D ~R~~E ~ ~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 56 PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 16, 2012 City Council Regular Meeting MEETING NOTES R4~ED ~ ~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E'MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 23, 2012 City Council PreCouncil Meeting MEETING NOTES u~' A~P~OVEfl Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 23, 2012 City Council Regular Meeting MEETING NOTES ~i ~PRRQ~ED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED To STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 30, 2012 City Council Special Meeting MEETING NOTES ~ . 4VED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E'MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5F PROJECT NUMBER: RZ 12-002 ITEM TITLE: Central Valley Baptist Church Findings of Fact, Conclusions of Law for Approval: RZ 12-002 Central Valley Baptist Church by Alan Baker Located 600 N. Ten Mile Road Request: Rezone of 15.65 Acres of Land from the L-O (Limited Office District) Zone to the C-C (Community Business District) Zone MEETING NOTES ~ APVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES ~ INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5G PROJECT NUMBER: AZ 12-007 ITEM TITLE: Linder Church of Christ Findings of Fact, Conclusions of Law for Approval: AZ 12-007 Linder Church of Christ by Linder Church of Christ Located 1 /2 Mile West of N. Black Cat Road on the South Side of W. Ustick Road Request: Annexation and Zoning of 21.82 Acres of Land with C-C (17.35 Acres) and R-8 (4.46 Acres) Zoning Districts MEETING NOTES ~i ~P~OVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E•MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5H PROJECT NUMBER: MDA 12-007 ITEM TITLE: Centrepointe Findings of Fact, Conclusions of Law for Approval: MDA 12-007 Centrepointe by WH Moore Company Located West Side of N. Eagle Road and North of E. Ustick Road Request: Modify the Concept Plan and Certain Provisions Contained in the Recorded Development Agreement Approved for the Centrepointe Project MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 51 PROJECT NUMBER: TEC 12-01 O ITEM TITLE: Jericho Final Order for Approval: TEC 12-010 Jericho by Viper Investments, LLC Located 6055 & 6185 N. Jericho Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineers Signature on the Final Plat MEETING NOTES ED ~ ~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5.1 PROJECT NUMBER: MDA 12-005 ITEM TITLE: Sgroi Development Agreement for Approval: MDA 12-005 Sgroi by Nunzio Sgroi Located at 4405 E. Ustick Road Request for a Modification to the Existing Development Agreement to Allow the Development of Single-Family Residential Homes on the Site MEETING NOTES ~ OED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADa C0~lN~Y RECOAQ~ C~ris~apher Q, Rlcfi ~iNaUNT Bal$~ +DAH011l0811Z X2:13 P~ .00 9 PARTIES; 1. ~, u~rui T v16Ky X8118y I ! l !+ RECORDED-AE~lJESTQF ~I~~l~llllll~~11~~~~~~,~~~l~„~~~~~~ ; Merldiart C1ty i 1213 7349 RYRS~' AD~~NB,UNi T(l I~E'~Lt~PNT A~1tEEMLNT city oflUleridian Nunzio Sg~~i, owner/Developer . ~~. T~~ FI"RST ADDENDCIM. T{~ pEVEI-OPMENT AGR~~MFNT is dated ~tlus ~ a of _ _ ~OI2, "FIRST ADDENDUM''}, by and between City a~ Meridian, a municipal coi~aration a~ the State of Id$ha t"CITY"}, whose address is 33 E. Broadway Avenue, Meridian, Idaho 8364 and Nunzio Sgrai whose address is 2S~ Turin House Road, Cottonwood, Ydalio A3 522, hereina~er c~led O~~IVERIDE~ELCPER, RECITALS A, City aid OWNER entered into that certain ~?evelopment Agree~net~t that was recorded an May 9, 2012 in the read prope~~y records of Ada County as Inst~~ament No, 112()43?39 ~"DE~'ELCPM~NT AG~EEiV1ENT"~ , B. City and DWI~ERlD~~ELOPER now desi~~e to amend the Development Ag~~ee~nent, which terms have been approved by the Meridian City Council in acca~x~dance with Idaho Code SectYan 67.6511. NO'4~, 'I'I~ERE~~ItE, in consideration of the covenants and conditia~ns set furl herein, the parties ag~~ee as 1'allaws; 1. tJ~R1D~'~rELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: , . Section ~ - ~1S.~S ~'~~1{~I~"1'ED BY THISAG.~~I.~N~'; ~..1 ?'he uses aiio~ved ,~t~~stru~f to thi~~ ~4~reemtet~t a~~e only those ~~e~~ allox~ed under ~'ity's ~~~~ ~rdinartce cnd~ed at ~leridicrn~ Uri red Develo~~ne~rt Code ~ ~1- ,~~, ~ ~ , ~. ~ ~o charge in the uses specked in this ~igreeme~! shall be ailo~ed withvui rnod f cation o~'lhis ~4greer~e~t. Section S - ~'O,~D1T'101VS ~'~Y~~tI~N~ D~~~~~P~~~' ~~ Sl~BJ~'C'T' D~~p~'~R?'Y; 5,1.7The der~elo~t~ent of the site aid a~y~trture structures orr the site s1~a11 cor~ply wrth the design sta~dar~caGs listed in the ~C that pertc~rn to sites that are located adjacent to e~lryway ca~~ridars. ''~`L S~eoi Pibperty MbA-Z~-40S Page I S.2 Direct :lot access. to E. Ustiek Road is prohibited; access to the si#e shall be provlde~ from N Sharon Avenue, Cross-access shall be provided to the property to the west (parcel #Sl ~ 041 211100) for future interconnectivity. . hail be develo ed into a residential subal~'vision consisting of fourteen (14) 5, 3 T'he site s p . sin te• amti lots 'and two (2} townhorne rots consistent with the conceptuar . ~ f Y . development plan and building elevations Included I~ Exhibit A. ~ cafe ~o ~~oni~ Com liar~ce CZC) and design review (DES) application S. 4 A Cer f g P .shall be submitted to the Pranning Department for approval of the .proposed townhomes.. ~'he site plan and elevations submitted with the CZC and DES application shall substantially comply with the conceptual development plan and . . building elevations attached ~as ExhibitA. a icant shall be , res nsible to install water mains to and through this S.S ~'he ppl po . development, coordinate math size and routing with Public Works. S. 6 ~'he a licant tivll be responsible to stub sewer and water services #0 431 S E. pp . . ~ ~Ustick Road, parcel # 511041211100,. Contact Meridian Public Works f or siie,arrd ,routing. '~`' mestic well s stem within this ro'ect shall be removed from S,7Any existing do y p J domestic service per City Ordinance Section 9-1-4 aid 9-4-8 contact the ~ City of Meridian Engineering Department at 0118} 898-SSDO for Inspections or . ~ disconnection of services, Yells may be used for non-domestic purposes such as landscape irrigation.if approved' by Idaho Department of Water Resources, Contact Robert E. Whitney a#~(~D8) 334-2190. S.8 A existing septic systems within this project shall be removed from service per nY ; . City Ordinance Section 9.1-4 and 9-4-8, N~ithin b months of Ier. the date of annexation ordinance. appproval. Contact Central District Hearth for abandonment . ..procedures and Inspections (2Q8) 375-521.1, 2; O~4T1ER/DEVELOPER agrees to abide by aU ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this First Addendum and the Project Site .shall be subject to demnnexation ~ if the DEVELOPER, or their assigns, heirs, or .successors shall not meet the conditions of this First Addendum as herein provided, and the Ordinances of the Ci of Meridian that are connsistent with the terms of the Development Agreement and this First tY Addendum, 3, If an ~ ravision of this First Addendum is held not valid by a court of competent . yP .. .. ,~ur~sdiction; such provrs~on shall be deemed to be excised from this First Addendum .and the ~~invalidity thereof shall not affect any of the other. provisions contained herein. . .~ ~ ~ ~~ Sgoi Proporty MDA-IZ-0oS ~ ~ .P~ge ~~ . 4, Tb~s First Addendum sets fvx'th all p~'ornises, inducements, agreements, condition, and understandin s bet~een ~wNER1DL~~lELOPER and City ~'elative to the subjec# matter herein, and there are na promises, agreements, conditions ar under-standing, either oral or written, express ax ltnplled, between OwNEYtIbE~'ELOpEI~. and City, other than as at'e stated herein. E~ccept as herein otherwise provided, no subsequent alteration, amendment, change or addition ,ta this First Addondt~rn shall ~be binding upon the parties hereto unless reduced to writing and signed by them o~• their successors in interest or their assigns, and pursuant, with respect to City, to a duly adapted ordinance dr resolution of City, a a, Except as herein provided, no condition gavei~ning the uses andla~' conditions gove~~ning development of the subJect Project Sit~'hel~in provided far can be modified ar amended without the appr~aval of the City council after the City has conducted public heating{s) in accordance with fhe notice pi~a~~isians ~ provided far a zanxng designation a~ndlor ana~ndment in farce at the time of the proposed amendment. ~, This First Addendum shall be effective as of the date herein above written. 6, Fxcept as a~rrended~~by this First Addendum, all terms of the T)evetoprnent Agreement shall remain in full force and effect. ACKN(3wLEDGMENTS '~` IN WITNESS wI~EREaF, the parties have herein executed this agt'eement snd made it effective as he~•einabove provided. . OwNE~/DEVEL~PER: ~~. ,. ,- P~ / '~: N a Sgroi ~.~..y C~ ~F N~ERIDIAN TTEST; ~~~,~ ~D A ~~~s~ t . ~~~ ~ltyof B : ~~ ~ Y I~Iayoi' Ta de Weei~d ~, ~ . Ha man, City Clerk ~~ SEAL ~w ~+`~ r~~a~~~ Sgroi Property 11~A-I2-~OS Page 3 . STATE CF IDAHO, ) ); ss . Caur~ty of ~ D ) On this ~? _ day of ,. ~ ZQ 1 ~, before me, the undersigned, a Notary Pnblic in and for said State, personally appeared Nun~to Sgrai, known or identified to me to bathe person whe executed the above. IN WITNESS W~REQF, I have hereunto sefi my hand and affixed my official seal the day and year in this certificate, first above vv~~tten. SEA~- ~ ~ ~- . C ) _ ~ Nata~~y pu Iic for Idaho . ~AILYN ~: ~-~~ANt~~AU Residin at: NOTARY PUBLI . My Commission Expires; 7~i~ ~ ~ ~'~ STATE ~~ IDAHa STATE OF IDAHO ss County of Ada On this ~ '~'' da ~ of 212 before me a Nota Public Y ~ a ~ rY personally appeared Tanury de V~leerd and Jaycee L, ~Iolnaan, know or idena~ed to me to be the Mayor and Clerk,1~espectively, of the City of Meridian, who executed the instrument of behalf of said. pity, and acknowledged to me that such City executed the same, IN WITNESS WHEI~OF, I have hereunto sct my hand and affixed nay official seal the day and year in this certiliicate fi~~t aba-ve written. ~+~~ililfi~ f~ f •~ ~,+ ~~,,~rl f ~SEA~~ ~~ ~ ~ ,. ~~'~ , ~~ ~ ~. 3 ` ~. ~~~ i a ~~i~~i~iiil Notary I~ub~lic or I ho Residing at; ~. - ~~~ Commission expires: 7 o t ~"'`~ Sabi prapei~y MI?A-12.4U5 PA~c 4 i ; Conce tual'Develo went Ptan ~C Sample Building Elevatiana ~ • Eahib t A p p ~ • ~" ~ ~~ • I j, F ~ ~J -r .ii'....+ i M+.. ats- r ~ r i.... t.... r r+i• ~ ~ ~ '• /' Y S yy~r ~+rw ~ ww r wra• • w.• • wrwr w!+r . r•w; f•Y•+ ~,, , ' -Lr~.~•i~[~~~..,.....~.rna-.•~,.•..~i~]~:~wiwrws--.wi~rr.~rl~~r~ Y' 4 • ~ L .. w M •.~ 4 ~~ w .. . w.. . !• w M.I• M N t~-~ 1 ... .. r r w... r.~ r ... .tf L.'•~ r w w ~ ~' ~ • t ~ i s ~ 1 ~ ~+ ~ ' i ' 7 ' a ~s i w+w ..~. • ~•+• r a+. r''•},~. r • ~•~.s t ~{. ~ yor a ~• . a.+.. -~w+ r aw • ~ i i • ~ M M •• Y M r w• •• M• I ~ i T• • " i . 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I ••t1j:~ r ;; ; L..Y VMVrr VMM^ r +~iwn~r+tr~l~~wn~ ` • + ~. ~ 13rt i r I' l ; ~ ,•~ ` r ~ CI ~•' ~.rlr•w.~r•I+r-w..• ,• "4 t ~„ . !~~ .' •r • 1 ~ •1'.;~.q I .~ • I'tii irr~ I `' '~ , ~; ~ l"! w- ~~ ,, .. ~:~ a r. ti h •` r~ `titi f r• • ~ •r,. ~14~y~ "•-~y., r Int. ''Y ~y • ~• ~~~ r~- ~~~' `y 1 • •~ . • I . ~ ~ .~ ~- ~ ~4~ .I. . • i ~~ ~ ~' i ~r ' ••ti ~ ... `+. ~ I ~ #j' ~ l ay} `'+r I ' ; .' , I i1 r~'Y ' ~• ~~ ~ ~ ~I.y~. ' 1 I~,.~51 1 ~. - r. _~~~~t ~r w~+ rl1 I ~~r r;fr•` ~ . r 1 f ;~til~. .. I. ` 1 '~ S err ~ / .l.:~.RI ~ . 1 t • r ..y~• ~'`S~ br~wr••r r11~ 1. ~~~-r 1 tliL ~ ~r ~ W6 ~ fCf/ - ALL, I • yf1~. • ~,y~,. • ~ irl••i ~ ~ ~ , ~ ~. 1 ~ ~ ~ ,; ;n j L~rJ....: -- ~ r ~... ,~ ,, , . I~ ~ ~ , Iti •S;i~f I ~r..r• - , r~•r •ra.~.~r~rr~~.~~•. ~rrr~~lrr~ [wr/l+ 1 ~ r •' ~• d1+! Ftr~f, ~ r I I • ,1~1~ i . t. r .. ! • j Iii .~ • ~ ' 1 ~r~~~r....r.r+~r•w• • ~ t..11 .t : . '! •1 : r t' ~ ~ f:! , I ( . lr~~ ~I :i~~,f;. d J.~I#r trr~.. ....~ ~r I •~ ~ ' r ~ , ~~; .. . + ,, •~~ ~' ~ -~. ' ' ~ ~ t ~~ - I ~;ij+~1k . j~...~ . I.•rr rIx / ~ wIw - w+~i I b••Ml~rwrM MM~AwlI I.V MI..~N r1•bY ~I~FIr~~rrle~rrn~.•r~r•w1+~lOi.1 ("' . ;} ~; ~ ., ,~ f `~ f ~ , s ~ / `~ Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Contract with Mercer for Benefits Consulting for 2013 MEETING NOTES COVED ~ a~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION QATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS _~ , ~K`~. ~ , Bill Nary HR Director/City Attorney The City of Meridian 33 E. Broadway Ave Meridian ID 83642 November 1, 2012 Statement of Work ("SOW") Dear Bill, Shelli Stayner, Principal 225 North 9th Street, Su1te 410 Boise, ID 83702 208 338 6477 Shelli.R,Stayner@mercer,com www,mercer.com The objective of this Statement of Work ("SOW") is to confirm the scope of our work and the compensation for this engagement. This SOW is subject to the terms and conditions contained in our existing engagement letter dated August 4, 2009. All capitalized terms not defined in this SOW shall have the meanings ascribed to them in our existing engagement letter. Service Details 1. Service Name: 2013 Scope of Service 2. Description of Mercer responsibilities: See attached Service Schedule 3. Description of client responsibilities: Mercer's ability to provide services as described in this letter is dependent on Mercer being provided with and continuing to receive accurate, up to date and timely documentation and information from you and any insurance carriers providing benefits. 4. Period of time over which work will be performed: 2013 Compensation/fees: We will be compensated for the services described herein in consideration of your payment of our professional fees of $40,000. We will bill you monthly with such invoices due within thirty (30) days of your receipt of an undisputed invoice. If any invoice remains unpaid after longer than ninety (90) days from the date of the invoice, we may either suspend the provision of the services until payment is received, or terminate this SOW with immediate effect. '~ MARSH&McLENNAN ~:C~N.St~i~rirlr. t~ursa«r~~~i~h~. Irw~:r~~r~r~n~ri r~~. ' ~::~~~~Ir ~~ ~'Z ., -a < Page 2 UbCOM~raC'~Od'S We may need to utilize various subcontractors ("Subcontractors") in the course of our provision of the Services to assist us in such tasks as printing and mailing, development of interactive tools, graphic design, etc. You consent to our use of the Subcontractors and further acknowledge and agree that we may provide such Subcontractors with your Confidential Information, including Work, on a confidential and a need to know basis for the purposes contemplated by this SOW. Additional Terms We do not act on behalf of any insurer or other service provider, are not bound to utilize any particular insurer or service provider, and do not have the authority to make binding commitments on behalf of any insurer or service provider. In addition, we do not guarantee or make any representation or warranty that coverage or service can be placed on terms acceptable to you. We are not responsible for the solvency or ability to pay claims of any insurance carrier or for the solvency or ability of any service provider to provide service. Insurance carriers or service providers with which your other risk or insurance coverage or other business is placed will be deemed acceptable to you, in the absence of contrary instructions from you. You understand that the failure to provide, or cause to provide, complete, accurate, up-to-date, and timely documentation and information to us, an insurer, or other service provider, whether intentional or by error, could result in impairment or voiding of coverage or service. You agree to review all policies, endorsements and program agreements delivered to you by us and will advise us of anything which you believe is not in accordance with the negotiated coverage and terms within thirty (30) days following receipt. You expressly acknowledge that, with respect to the provision of the Services, we are not, nor are any of our Affiliates or subcontractors, an "administrator" within the meaning under applicable law, including the Employee Retirement Income Security Act of 1974, as amended ("FRIBA"), nor, with respect to the provision of the Services, are we or any of our Affiliates or subcontractors a "fiduciary" within the meaning under applicable law or ERISA, unless provided otherwise herein or required by applicable law. Title V of the Gramm-Leach-Bliley Act and related state laws and regulations establish limitations on the use and distribution of non-public information collected by financial institutions from their customers and consumers. Our insurance-related work qualifies us as a financial institution under this Act. Our Privacy Policy Notice and additional information regarding other compliance policies at Mercer, including our conflicts of interest policy, are available at www.mercer.com/transparency. At this web address you will also find information regarding Marsh & McLennan Companies, Inc, and its subsidiaries' equity interests in certain insurers and contractual arrangements with certain insurers and wholesale brokers. ~~~ ~~. MAR5H & MCLENNAN ~: ' ~ ~ :~ ~ MERCER Page 3 Without limiting the generality of Section 2 of our engagement letter, you will inform us at the commencement of our work under each SOW (and thereafter in the event of any change) as to whether or not you or any of your Affiliates are subject to any restrictions or obligations directly relevant to the Services as a result of or in connection with having received any federal financial assistance in connection with any federal law or program, including, but not limited to, the American Recovery and Reinvestment Act of 2009 and the Emergency Economic Stabilization Act of 2008, including the Troubled Assets Relief Program. In the event that you or your Affiliates are subject to such restrictions or obligations, you will also promptly describe such restrictions and obligations to us in writing in reasonable detail and make an expert (including internal or external counsel) available to us for additional clarification that we reasonably request regarding the analysis or interpretation of any such restrictions or obligations. You agree that we will be entitled to rely on, and have no liability for, the accuracy and completeness of the information, analysis or interpretation that is provided to us in connection with the foregoing. We appreciate knowledge } Mercer By: business and look forward to working with you on this engagement. Please greement to the terms contained herein by signing below. nef its LLC Name. 1 (Please Print) ,~;` • Title: ~ t ACCEPTED AND AGREED The City of Meridian ...-- By: --,'_' Name: (Please Print) Title: Date: 1, ~' gate: Jam' ~8 ~ a-- ~~~:~ ~ MARSH & MCLENNAN ~~~~ i~~~~ ~~,~~~~ ~~ I ~: H&B SERVICE SCHEDULE Our Services consist of the following; ® Conduct strategic planning sessions to review performance of Client's current employee benefits coverage and establish future objectives and strategies to manage Client's employee benefit coverages to which this agreement applies. ® Meet with the Client's key designated representatives on as needed basis, to discuss strategy and open items. ^ Develop a mutually agreeable renewal action plan and timeline that meets the Client's stated objectives. ® Keep the Client informed of significant changes and/or trends in the employee benefits marketplace. ^ Benchmark medical and dental plan costs and employee contributions to industry, size and regional standards on as needed basis. ^ Analyze factors driving Client's plan costs if experience data is available. In connection with such analysis, we will review utilization reports to determine possible causes of identified cost increases. Assist Client in managing risks and costs of its employee benefits coverages. ® Establish comprehensive claims reports for identified coverages for medical and dental detailing paid claims (and reimbursements if applicable), premium/funding and enrollment summaries. We will review these reports with Client on as needed basis and will identify and discuss trends and potential problems. ® Provide cost projections and funding analysis (review of funding methodology with emphasis on employer costs and the tier structure of the contribution.) ^ When marketing your plans, prepare an analysis comparing current costs, plan designs, administration costs, network discounts and network accessibility. ^ With respect to the renewal process, we will conduct an annual review during the renewal process to include negotiations, on Clients' behalf, with current vendors/carriers, as per Client's request. ^ Upon the request of Client, we will assist Client in the preparation of a RFP for purposes of obtaining competitive quotes from the marketplace. We will be the primary point of contact during the bidding process. ® Upon request of Client, evaluate and assist in the management of voluntary benefit products offered to Client's employees. H&B Service Schedule 0202c1n.doc ® Assist Client in the implementation of the benefit program by dealing with vendor/carriers and performing contract and SPD review for purposes of determining conformity to agreed upon plan provisions and costs. ® Advise Client with respect to available technology platforms to support delivery and administration of its employee benefit plans. ® Assist Client in the development of paper and/or web-based communication strategies. ® Identify and negotiate on the Client's behalf with insurers and other benefit program providers and keep the Client informed of significant developments. We shall be authorized for purposes of this Agreement to represent and assist the Client in all discussions and transactions with all insurers/providers, provided that we shall not place any insurance or vendor programs on behalf of the Client unless so authorized by the Client. Assist with documentation and other steps to obtain commitments for and implement insurance policies and other services selected by the Client regarding its employee benefits program upon the Client's instructions, it being understood that we will not independently verify or authenticate information not originating from us necessary to prepare proposals or underwriting submissions and other documents relied upon by insurers/providers, and the Client shall be solely responsible for the accuracy and completeness of such information and other documents furnished to us and/or insurers/providers and shall sign any application for coverage. The Client understands that the failure to provide all necessary information to an insurer, employee benefit provider or third party vendor whether intentional or by error, could result in the impairment or voiding of coverage or service. ^ Provide Client access to the national insurance marketplace and related services marketplace and use our commercially reasonable efforts to place insurance policies and other services selected by the Client regarding its employee benefit program on behalf of the Client, if so instructed by the Client. ^ Act as a liaison between the Client and insurers/ providers for the lines of coverage and services that we have placed or obtained on behalf of Client or for which Mercer is named as the broker of record. We may utilize the services of other intermediaries to assist in the marketing of the Client's program (including brokers in the London and other markets), when in Mercer's professional judgment those services are necessary or appropriate with disclosure to Client. Such intermediaries may be Mercer affiliates. The compensation of such intermediaries is not included in our compensation under this Agreement and will be paid by insurers/providers out of paid premiums. ^ Follow up with insurance carriers/providers for timely issuance of policies and contracts. ^ Follow up with insurance carriers/providers with respect to the payment or return premiums. H&B Service Schedule 0202c1n.doc ® Review policies and contracts for accuracy and conformity to specifications provided by Client and the related negotiated coverages. ® Assist the Client in connection with issues relating to interpretation of insurance policies/contracts placed by us. ® Provide information/coverage summaries for all new coverages and updates on changes to existing coverages. H&B Service Schedule 0202c1n.doc Bois Harris Consultant MERCER 225 North 9th Street, Suite d10 Boise, ID 83702 248 338 6457 f"ax 208 338 6475 lois.J.Morr~~mercer.com www.mercer.com gecem ber 14, 2010 IlVilliam Nary City Attorney & NR Director 33 East Broadway Ave Meridian ID 83642 Dear Bill, Subject: Engagement Letter Agreement We are delighted to have the opportunity to continue to work with City of Meridian (uyou" or "Clien#"}. The purpose of this letter of engagement ("Agreement"} is to set forth the terms governing the services provided to you ("Services") by Mercer's operating companies, Mercer (US}Inc., Mercer Investment Consulting, Inc. andlor Mercer Health & Benef~s LLC (in each case, solely wi#h respect to the services it provides to you, ("Mercer" ar "we)). Statement of Vllarl~ Each statement of work (uSOW'} attached hereto must specify at a minimum: (1) our respective responsibilities with respect #o the Services; (2) the information and data we will need in order to perform the Services; (3}any time constraints on the performance of the Services; and (4) the compensation we will receive for performing the Services. To the extent a SSW has been delivered to and accepted by you prior to the execution of this Agreement, such SC}W shall be subject to the terms of this Agreement. For purposes of this Agreement, the term "Agreement" shall include any SOWs. Terms and Conditions Governing Engagement ~urperformance of the 5ervlces {whether provided pursuant to a wrltfen SOW or notj are subject to the foilowing terms: 9. Payment Terms: A. We will perform the Services in consideration of your payment of our compensation. Qur compensation for the Services, such as professional fees, commissions or other amounts payable to us ("Compensation"} will be set forth in the applicable SOW or as otherwise agreed. In addition to our Compensation, we will also bil! monthly far our reasonable expenses, You wiff be responsible far any sales, value added taxes t~nsulting, Outsourrint~. lnve~tments. Seivica pravide~ by Doer MeeNtt & B~n~r~ LlC Page 2 December 10 2410 or similar taxes related to the performance or receipt of the Services, including t ose taxes assessed by authorities subsequent to payment for the Services. B. Invoices are due and payable within thirty (30}days of the date of the invoice. If any invoice is not timely paid, we may exercise our right to claim interest for late payment as permitted by applicable law. If any invoice remains unpaid for longer than ninety X90} days from the date of the invoice, we may either suspend the provision of the Services until payment is receded, or terminate this Agreement and~or any SOW with immediate effect. C. If we become involved (whether or not as a party) in a dispute (including audits or investigations) between you and a third party (including. a governmental entity}, or if we are asked to preserve records relating to the Services ar this Agreement, including where Mercer is requested to preserve documents, electronically stored information, back-up tapes or other media beyond its standard recycling or retention protocol, beyond the scope of Services described in the applicable SO1N, these additional services will be documented in a SOVv, if no SOW or other afire®ment is reached on these additional services, you agree to pay us at our then current standard rates for all our time spent, and will reimburse us far all reasonable expenses incurred by us, in connection with such dispute or such documentation preservation request. We will reimburse such payments in the event and to the extent such dispute is finally determined by a court to have resulted primarily from our negligence, conduct in bad faith or fraud. ~, Instruc~ons; RrovisiQn of Information and Assistance: You will provide ail necessary and reasonably requested information, direction and cooperation to enable us to provide the Services, and any direction (whether verbal or written} shall be effective if contained expressly in the applicable SOW or if received (whether verbally or in writing) from a person known to us or reasonably believed by us to be authorized to act on your behalf, You agree that we shall use all information and data supplied by you or on your behalf w~hout independently verifying the accuracy, completeness or timeliness of it, We will not be responsible far any delays or liability arising from missing, delayed, incomplete, inaccurate or outdated information and data, or if you do not provide adequate access to your employees, agents or other representatives necessary for us to perform the Services, We will be entitled to charge you in respect of any additional work carried out as a result. 3, Don~dential lnforrnation; Data: A. Each of us is likely to disclose information (pDisclosing Party") to the other ("Receiving Party") from time to time in the course of the provision of the Services, which is marked or designated as confidential or proprietary at or prior to disclosure or which would appear to a reasonably prudent person to be confidential andlor Page 3 December 10, 2014 proprietary in nature ("Confidential information"}. The Receiving Party will not disclose such Confidential Information to any person other than in connection with the provision of the Services ar as otherwise provided for in this Agreement. This restriction does not apply to information that (i}the Receiving Party must disclose by law or legal process, (ii} is either already in the public domain or enters the public domain through no fault of the Receiving Party, (~i~} Es available to the Receiving Party from a third par#y who, to the Receiving Party's knowledge, is not under any non-disclosure obligation to the disclosing Party, ar (iv} is independently developed by or for the Receiving Party without reference to any Confidential Information of the Disclosing Party. B. Notwithstanding Section 3(A}, you agree that we will be entitled to disclose information, including Confidential Information, relating to the Services ar you to regulators having jurisdiction over our business. You also agree that, notwithstanding any other provision in this Agreement, we may include the identities of those persons who are identified by you as contact persons far you and information about the terms of this Agreement, the Services and the Compensation in our intemai client management, financial and conflict checking databases. C. You hereby grant us a perpetual, non-exclusive, royalty-free license to copy, modify and use any information and data supplied by you or on your behalf so that we may create analytical trend data (in anonymous form} and in order to improve the quality of our advice to our clients. We will not disclose any information in a manner that allows particular clients or individuals to be identified. Notwithstanding the foregoing, you agree that your name may appear in a list of participating organizations for reports containing such analytical trend data. D. our respective obligations under Section 3(A}shall survive for a period of five (5} years from the date of termination of this Agreemen# or far such longer period as is required bylaw, except that any trade secrets disclosed to the Receiving Party shall be maintained in confidence in perpetuity or until such time as they are no longer reasonably considered to be trade secrets by the Disclosing Party. ~. Notwithstanding anything to the contrary in this Agreement, but subject to the terms and conditions of Section 3, we may (i} retain copies of Confidential Information that is required to be retained by law or regulation, (iii retain copies of our work product that contain Confidential Information for archival purposes or to defend our work product and (iii} in accordance with legal, disaster recovery and records retention requirements, store such copies and deriva#ive works in an archival format (e.g. tape backups}, which may not be returned or destroyed. Uve may retain your information in paper or imaged format and we may destroy paper copies if we retain digital images thereof. Page ~ December 10, 2010 4. Personallnformation: Each of us and our respective Affiliates (as defined below will comply with our res active obli ativns arising fi om data protection and privacy laws in effect from time to p g time to the extent applicable to this Agreement and the Services, This includes, without limitation, (i}the obligation, if any, of you or your Afl'tfiates, to obtain any rewired consents) in respect of the transfer of information to us by you ar any third party relating to an identified or identifiable individual that is subject to applicable data protection, rivacy or other similar laws ("Personal Information"}, (ii}any obligation with respect to p the creation or collection of additional Persona! Information by us, and (~~~} any obligation with respect to the use, disclosure and transfer by us of Personal Information as necessary to perform the Services or as expressly permitted under this Agreement. Subject to Section 3{C}, any use or processing by us of Persona! Information supplied by or on your behalf in connection with the Services shall be done solely on your behalf. We shall handle such Personal information in accordance with your reasonable instructions as ma be provided from time to time in the applicable SOW or as reasonably necessary Y for the purpose of providing the Services and shall not handle such Personal Information in a manner inconsistent with the terms of this Agreement. We also confirm that we have taken appropriate technical and organixatianal measures intended to prevent the unauthorized or unlawful processing of Personal Information and the accidental loss or destruction of, or damage ta, Personal Information. Fvr purposes of this Agreement, "Affiliates" means, with respect to either party, any entity directly or indirectly controlling, controlled by ar under common control with such party. 5. Ownership and Use of Work; Intellectual Property: A. AI! materials prepared by us specifically and exclusively for you pursuant to this Agreement (the "Work"} shall be owned exclusively by you, Notwithstanding anything to the con#rary set forth in this Agreement, we will retain all copyright, patent and other intellectual property rights in the methodologies, methods of analysis, ideas, concepts, know-how, models, tools, techniques, skills, knowledge and experience owned or possessed by us before the commencement of, or developed or acquired by us during or after, the performance of the Services, including without limitation, all systems, software, specifications, documentation and o#her materials created, owned or licensed and used by us or our Affiliates or subcontractors in the course of providing the Services (the "intellectual Property"}, and we shall not be restricted in any way with respect thereto. To the extent any Work incorporates any Intellectual Property; we hereby grant you a nonrexclusive, non-transferable right to use such Intellectual Property sotely for purposes of utilizing the Work internally in accordance with the terms of this Agreement. 6. Unless we provide our prior written consent, you will not use, in a manner other than as mutually contemplated when we were first retained by you to perform the Page 5 December ~ 0, 204 0 applicable Services, or disclose to any third party, other than your attorneys, accountants or financial advisors with a need to know, any Work ar Intellectual Property or other material supplied by us under this Agreement, and you shall be responsible for, and we shall have no liability with respect to, modifications made by any person other than us to the Work, Intellectual Property or other work product provided to you by us. You will indemnify, defend and hold us and our Affiliates harmless in respect of any Loss has defined in Section 7) incurred by us as a result of your breach a# this obligation or any modifications made by any person other than us to the Work, Intellectual Property or other work product provided to you by us. 6, Dispute Resolution; A. Before commencing any action or proceeding with respect to any dispute between us arising out of or relating to this Agreement, the parties shall first attempt to settle the dispute through consultation and negotiation in good faith and in a spirit of mutual cooperation. If the dispute is not resolved within five (5) business days, either of us may elect to escalate the resolution of such dispute by submitting the dispute in wrking to senior executives from each of us who will promptly meet and confer in an effort to resolve the dispute. Each party will identify such senior executive by notice to the other party, and each party may change its senior executive at any time #hereafter by notice. Any mutually agreed decisions of the senior executives will be final and binding on both parties, In the event the senior executives are .unable to resolve any dispute within thirty ~3g) days after submission to them, either party may then re#er such dispute to mediation by a mutually acceptable mediator to be chosen by both parties within farty~flvQ X45}days after written notice by either party demanding mediation, Neither party may unreasonably withhold, delay or condition consent to the selection of a mediator, All communications and discussions in furtherance of #his paragraph shall be treated as confidential settlement negotiations that are not subject to disclosure to any third party. The costs of the mediator shall be shared equally, but each party shall pay its own attorney's fees. 8. Any dispute that is not resolved within six (6) months of the date of the initial demand far mediation by one of the parties may then be submitted to a court of competent jurisdiction. Nothing in this Section 6 will prevent either of us from resorting to judicial proceedings at any time if interim relief from a court is necessary to prevent sertaus and irreparable injury or damage to that party or to others. C. EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, ANY CLAIM, ACTION OR PROCEEDING AGAINST A PARTY OR ANY OF ITS AFFILIATES 1NILL BE BARRED UNLESS THE OTHER PARTY INITIATES THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN THIS SECTION 6 WITI~iIN ONE YEAR OF FIRST pISCOVERINC THE ACT, ERROR OR OM1SSlON THAT IS THE BASIS FOR SUCH CLAIM, Page 6 December 10, 2010 7, Limitation of Liability: A, The aggregate liability of Mercer our Affiliates and any officer, director or employee of ours and our Affiliates ("Mercer Parties"7 to you, your Affiliates, your officers, directors or employees ar those of your Affiliates and any third party (including any benefit plan, its fiduciaries or any plan sponsor} far any and all Losses arising out of or relating to the provision of Services by any of the Mercer Parties shall not exceed the greater of one times the Compensation for the Services giving rise to such toss and $100,000. Mercer shall have no liability for the acts or omissions of any third party (other than our subcontractors). B. In no event shall either party ar its Affiliates be liable in connection with this Agreement or the Services for any loss of profit or incidental, consequential, special, indirect, punitive ar similar damages, The provisions of this Section ?shall apply to the fullest extent permitted bylaw. Nothing in this Section 7 limiting the liability of a party shall apply to any liability that has been finally determined by a court to have been caused by the fraud of such party, C, For purposes of this Agreement "Loss" means damages, claims, liabilities, losses, awards, judgments, penalties, interest, casts and expenses, including reasonable attorneys' fees, whether arising in tort, contract or otherwise. Far the avoidance of doubt, multiple claims arising out of or based upon the same act, error or omission, or series of continuous, interrelated or repeated acts, errors or omissions shall be considered a single Loss, Q. Each of the parses acknowledges that the Compensation for the Services to be provided under this Agreement and the applicable SOW reflects the allocation of risk set forth in this Section 7. 8. Unfores~aen Events: Neither party shall be liable for delays or failures in performance of obligations under this Agreement, other than failure to make payments hereunder when due, resulting from events beyond its reasonable control, including without limitation uacts of hod,"fire, flood, riots, new laws which prevent the carrying out of the Services, the results of terrorist activity, failures of third party suppliers, and electronic and other power failures. 9, duration and ~'ermination of this Agreement: This Agreement will continue until terminated as provided in this Section, except as provided otherwise in a S~JIN. This Agreement and any SOUV may be terminated (i7 by ®ither party upon ninety (90} days' prior written notice to the other party, {ii} by either party upon material breach by the other party, which breach is not cured within thirty (30~ days after receipt of written notice thereof, or {iii) immediately by us for nonpayment of invoices by you as provided under Section 1. After the termination of this Agreement, Page ? December 10 2010 Sections 3, 4, 5, 6, 7, 4 and 10 will survive in full force and effect. Any termination o this Agreement shall not relieve you or your Affiliates of their obligations to pay for Services rendered and expenses incurred by us or our Affiliates up to and including the effective date of such termination, and such termination may require you to pay termination fees #o the extent provided in a SOW. Notwithstanding the foregoing, to the extent that the parties agree that Mercer shall continue to provide Services after the effective date of termination of this Agreement or any SOW, the terms and conditions of this Agreement and the applicable SOW shall su~rlve until such Services are completed or the parties agree that the Services shall no longer be provided, 10, Additional Terms: A. Terms Incorporated by deference -The terms set forth in a SOW shall be deemed incorporated by reference into this Agreement for purposes of that SOW, S. NotFces • Any notice that is to be given ay one party to the other under this A reement will be given in writing and delivered to, 225 N. 9~ Street, Suite 410, 9 Boise, ID 83702, with a copy to the legal Department, Mercer,116~ Avenue of the Americas, New York, New York 14036 if to Mercer or 33 E. Broadway Ave, Meridian, ID 83fi~2 if to Client, or any other address specified by notice subsequently by one party to the other, A notice will be effective upon receipt. C. No Third Party Beneficiaries -Neither this Agreement nor the provision of the Services is intended to confer any right or benefit on any third party, other than the Affiliates of each party that execute a SOW, and, in such event, solely as set forth in such SOW and this Agreement. D. No Publicity -You agree not to refer to us or attribute any information to us in the press, for adver#ising or promotional purposes, or for the purpose of informing or influencing any other party, including the investment community, without our prior written consent. We agree not to refer to you in the press ar for promotional purposes without your prior written consent, provided #hat we may include your name in our representative client listing and as provided in Section 3~C~. E. Waiver • The failure by either party to insist upon strict performance of any provision of this Agreement shall in noway constitute a waiver of rights under this Agreement, at law or in equity. F, iNAIV~'d aF Jf1dY TRIAL -EACH PARTY, ON BEHALF OF ITSELF AND ITS AFFILIATES, TO 1'HE FULLEST EXTENT PERMITTED 6Y LAW, KNOWINGLY, VOLUNTARI~.Y, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES PROVIDED BY MERCER OR ITS AFFILIATES. THE WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. EACH PARTY AGREES NOT TO INCLUDE ANY EMPLOYEE, OFFICER, Page 8 December 10, 2010 DIRECTOR OR TRUSTEE OF TFiE OTHER AS A PARTY IN ANY ACTION, PROCEEDING 4R COUNTERG~.AIM RELATING TO SUCH DISPUTE, G. Warranties of Mercer -Except as expressly set forth in this Agreement, we expressly disclaim any warranty, express or implied, including but not limited to any implied warranty of merchantability and fitness for a particular purpose, H. ~n#tre Agreemen#, Amendment Assignment Subconfrac#ing • This Agreement including any SOW and any schedules or exhibits attached hereunder} merges and supersedes all prior or contemporaneous understandings, agreements, negotiations and discussions, whether aral or written, between the parties concerning the Services and constitutes the entire agreement between the parties with regard to the Services. The parties have not relied upon any promises, representations, warranties, agreements, covenants or undertakings, other than those expressly set forth in this Agreement. Except with respect to a change in address for notices, this Agreement shall not be amended except by a written document executed by both of us. In the event of any inconsistency between the terms of a SOW and those in the Agreement, the provisions contained in this Agreement shall prevail unless the S4W specifically amends a term contained herein. Neither of us may assign this Agreement without the prior written consent of the other, except that we may assign this Agreement to an Affiliate with reasonable prior written notice to you. We may subcontract with any of our Affiliates upon reasonable prior written notice to you, and we may subcontract with third parties with your prior written consent, which consent shat! not be unreasonably withheld, conditioned ar delayed. I. Governing Law and Jurfsdic#ian • Unless otherwise provided in a SOW, this Agreement and all SOWS issued hereunder will be governed by, and interpreted in accordance with, the law of the State of Idaho and will be subject to the exclusive jurisdiction of the courts located in the State of Idaho. J. Severabfl~r - It is the intent of the parties that the provisions of this Agreement shall be enforced to the fullest extent permitted by applicable law. To the extent that the terms se# forth in this Agreement or any word, phrase, clause or sentence is found to be illegal ar unenforceable for any reason, such word, phrase, clause ar sentence shall be modified deleted or interpreted in such a manner so as to afford the party for whose benefit it was intended the fullest benefit commensurate with making this Agreement as modified, enforceable and the balance of this Agreement shall not be affected thereby, the balance being construed as severable and independent. K. Advice an Legs! Matters • We are not engaged in the practice of law and the Services provided hereunder, which may include commenting on legal issues or drafting documents, do not constitute and are not a substitute for legal advice. Accordingly, we recommend that you secure the advice of competent legal counsel with respect #o any legal matters related to the Services or otherwise. Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Approval of Contract Amendment No. 3 for "Ferric Chloride Solution" to Weschem, Inc. for aNot-To-Exceed Amount of $100,000.00 MEETING NOTES ~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1 ~ To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Tracy Crane, Jacy Jones Date: 10/23112 Re: November 7 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November l City Council Consent Agenda for Council's consideration. Approval of Award of Contract Amendment No. 3 for Ferric Chloride Solution to .~ UUeschem Inc. for the Not-To-Exceed Amount of $100,000.00. This amendment is the final one-year extension to the existing agreement. Recommended Council Action: Approval of Award of Contract Amendment No. 3 and Authorize the Mayor to sign for the Not-To-Exceed amount of $100,000.00. Thank you for your consideration. • Page 1 ''~' ~~E IDIAN~ ,<,• CITY OF MERIDIAN CONTRACT AMENDMENT Nog CONTRACTOp NAME: DEPARTMENT NAME: WESCHEi~, INC WASTEWATER ADDRESS. ADDRESS: P 0 Box 4072 33 E, Broadway Bafse, ID 8371 ~ Meridian, ID 83642 ' CURRENT CONTRACT INFORMATION: Contract name & AroJect Na. t= r oxide Soluti ~ •1 Amendment Date: 0• •2x12 _ Preutous Amendments: ~ Current Contract Dates; START; ~l2D11 COMPLETIONS 7!2012012 Current CoiitraCt Amount (lnr,~laly8 el Prevlaus Amendments to Data: $325.Oa~ _~ CHOOSE ONE AMENDMENT COLUMS BELOW, eliher "STANDARD,,AMEWDMENT" or "AMENDMENT TO EXERCISt? OPTION TO RENEW" and check aff any appllcable~anlendments under that column, STANDARD,AAEND'~T _,~il NDMEN~j Ta EXERCIS OPTION Td RENEW (Check art thatapuhr~ ~Cheok 8~1 th~tAn Amendment to Contract Pertormanc@ (~pe~ Amendment 10 Contract PBrformanc8 _ Amendment to Contract Qaoea ` Arendment to Contract dates ,-'`"'4 Amerxfinent io Contract Amount ~, Amendment to Oontraot Amount ()then: ~Explainl Other; (Explain) DESCRIPTION ~F R_EA~S, QI~ FOR AMENDMENT; ~Aftach ell relevant dvcunrenta~tan detell~ng arnendmen~; The Clty of Meridian Is opting to extend this contract fvr an additional one year. This IS the final yea>' to.extend the contract. 1Neschem will uarantee roduct ricln at $0,~811b for an additional ~~ menthe, See Attached Letter IVEw C RACT INFOR ATION: Amendment Dale: ioro912a12 ..` Mew Contract Dates: START: U712a/2a~2 COMPLETION; ~:~Q-2_•~3_•,____ Amount of Amendment Change ~100.004.ac _ _ Current Contract Amount (/ncluslve of Previous Amer~dmerrts ro Dated; ~4 S,OOO.QO .~ ALL aTH~~'TE~MS AND CUNQ~TIONS OR THE ~RIGfNAL CONTRACT AND PREVIal1S AMENDMENTS REMAIN t1NCHANOED AND fN BULL FORCE AND EFFECT. CITY OF ~MEAI N 1NESCFiEM, INC 8Y: B . TAMMY de D, MAYOR ~A~° Av~o o ~r Dated: ~ ' 1 Z- °~ 1~ ~ .~~ Dated: ~ Z,. Approved by Council; ~ ~ ~~ °r ~ ZD~~~'k`'' Approved by City to ent Atfe$t ~ I D A H O ~~o ~~~~v KE ATTS, HASING AG NT ~~ EE LMAI~, CITY CLERK ~ rat TAEtis~ Water & Energy Solutions P,O. Box 4072 Boise, iD 83791 Office; 208.375.4001 Fax; 208.375.4002 Qctober 8, 2012 Mr. Tracy Crane Meridian Public 'Works Suite 200 33 Broadway Meridian, ID 83642 Re;Bid Extension Dear Tracy; This letter will serve to confirm pricing for extending Bid No, PW-09-10077 for ferric chloride, Weschem Inc. will guarantee pricing for this product at $0,15/lb, for a contract extension period of 12-months. This includes service if needed, The ferric chloride is stocked locally and delivery's can be made within 24 hours, Please feel free to contact me if you have any question, Best regards, Weschem Inc Mark M. Plafcan Vice President Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Memorandum of Agreement with Community Planning Association of Southwest Idaho for 2013 Orthophotography Project for the Not-to-Exceed Amount of $10,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED To STAFF SENT TO AGENCY SENT TD APPLICANT NOTES INITIALS ~. MEMORANDUM OF AGREEMENT (MOA 2013-01) 2013 Orthophotography Project For the purpose of jointly funding an updated set of orthophotos for Ada County, Caldwell, and Nampa (UPWP Program 861) Project Purpose The u ose of the roject is to acquire 2013 six-inch resolution natural color digital orthophotos p, ~ p ldwell and Nam a shown as Urban coverin arts of Ada County, and selected areas in and around Ca p . g.p in Exhibit A ,and one-foot resolution natural-color orthophotos covering the rural areas of the same .. . area of interest shown as Rural in Exhibit A) as identified by the U.S. Geological Survey for ( Homeland Security activities. WHEREAS the arties to this agreement, indicated below in §4, hereafter referred to as "the Parties" p and the Community Planning Association of Southwest Idaho, hereafter referred to as "COMPASS," desire to cooperate in funding an update to the 2010 orthophotos; WHEREAS the Parties have determined that a comprehensive set of high resolution orthophotos is of mutual benefit to their respective planning activities and programs; WHEREAS, the United States Geological Survey hereafter referred to as "USGS," is responding to a De artment of Defense (DOD) request for high-resolution image and geospatial data in support of p Homeland Security. The National Geospatial-Intelligence Agency (NGA) has identified Boise as an area for which imagery is required. NGA data requirements call for one-foot or better resolution natural-color, leaf off, orthorectified digital imagery. To address this need, USGS has offered funding in the amount of $50,000 for the purpose of creating a set of updated orthophotos; WHEREAS, COMPASS coordinated the 2000, 2003, 2007, and 2010 orthophoto acquisitions on behalf of its participating members and has found a comprehensive set of orthophotos of benefit to its work in transportation, and regional planning; NOW THEREFORE BE IT RESOLVED the Parties agree to the following: 1. COMPASS agrees to obtain the deliverables from the selected consultant. Deliverables include: a. Spring 2013 orthophotos taken prior to leaf out of trees for the area covered in Exhibit A. Only digital imagery will be provided as part of this agreement. b. Said photos to be compatible with the orthophotos taken in years past and meeting the technical specifications listed in Exhibit B. 2. COMPASS must meet applicable state and federal procurement requirements and its own procurement process. 3. COMPASS will make available all products for USGS and Earth Resources Observation and Science archives. Any and all sales of Orthophotography will solely be handled by COMPASS and any funds generated will go into the Orthophotography fund for future Orthophotography acquisitions. C:1UserslrjacklAppDatalLocallMicrosoftlWindowslTemporary Internet FileslContent. Outlook152JB4GXG1M0A_2013 orthophoto_Meridian. docx 4. Agreed upon estimates of contributions from each participating agency (Parties). The contact person listed below is the technical liaison for each agency: Contribution Parties -Contact Person Not to Exceed Ada County - Anr~ Kawalec $80,000 Ada County Highway District -Chuck Spencer $80,000 Bench Sewer District - Michael Comeskey $1,800 C ity of Boise -Jim Hetherington $25,000 C ity of Caldwell -Dave Marston $12,000 C ity of Garden C ity -Missy Harris $2,200 C ity of Eagle -Bill Vaughn $3,222 j City ofKuna -Mike Borzick $8,000 City ofMeridian -Robin Jack $10,000. COMPASS -Eric Adolfson $12,000 City ofNampa -Craig Tarter $20,000 Idaho Military Division - Nick Nydegger $10,000 United States Geological Survey -Scott VanHo~ $50,000 United V~later -Shane Limm $10,000 5. COMPASS will invoice the City of Meridian for their share of the project cost when the final contract is signed with the selected consultant, not to exceed $10,000 if all parties provide funding. In the event that the Parties cannot provide sufficient funding, the project will not proceed as proposed. The project will be cancelled or the scope changed, and the amount committed above will be revisited. 6. COMPASS will distribute the imagery to the Parties by copying the files onto hard drives furnished by the Parties. 7. The Parties hereby agree to the provisions of this agreement, and commitment to costs for each participating agency, to be billable on the date approved. APPROVED this day of 2012. Community Planning Association of SW Idaho CaUserslrjacklAppDatalLocalUVlicrosoft\Windows\Temporary Internet 2 FileslContent.Outlook152JB4GXG1M0A_2013orthophoto_Meridian.docx Exhibit B Technical Specifications for 2013 Orthophoto Update Aerial Photographs 1. Aerial type: Digital -True Color 2. Date(s) of photography: Spring 2013 3. Sun angle above the horizon: No more than 30 degrees, between 9:00 a.m. and 3:00 p.m. Mountain Daylight Time 4. Vegetation condition: Leaf off 5. Photo coverage: Section-centered single exposure 6. Photography scale: Applicable to acquire 6" and 1' resolution photography Di ital Orthophotos 1. Physical formats: TIFF and MrSID 2. File extent: 885 Tiles at 1500m x 1500m uncompressed TIFF (O.15m and .3m) 3. Uncompressed data: Yes 4. Photo source: Ada/Caldwell 2010 orthophoto project 5. Number of bands: RGB true color 6. File organization: TIFF 7. Coordinate system: For Ada County, Modified State Plane Coordinate System; for USGS, UTM - NAD83, for Caldwell, Standard State Plane Coordinate System 8. Orientation of image pixels: Row major 9. Scanning aperture: l2 microns 10. Ground/pixel resolution: O.15m and 0.3m 1 1. Positional accuracy for well defined test points: ± 2 ft (95% confidence level, NSSDA for 1.0' GRD 12. Corner ties embedded: No 13. Image overedges beyond outermost corner ties: Not applicable 14. Source of elevation data used for the orthophoto rectification: Digital Terrain Model (DTM) derived from Ada County and Caldwell Orthophoto Project - 2010 15. Nampa requires DTM and creation of planimetric features which will be paid for separately outside of the contributions specified above. 16. Description of ground control design and aerotriangulationprncedures used in preparing orthophotos: All ground control and aerotriangulationwill beperformed under the direct supervision of an Idaho professional land surveyor. It will be based on the DTM from the 2010 Ada County aerial acquisition process. 17. USGS or other header provided: No (Georeferencing files only -TIFF World, SID World) 18. Federal Geographic Data Committee -(FGDC) compliant metadata will be provided. C:1UserslrjacklAppDatalLocallMicrosoftlWindowslTemporary Internet 4 Files)Content.Outlook152JB4GXG1M0A_2013orthophoto_Meridian.docx Exhibit A Sections Covered in 2013 Orthophoto Update ,i ~. j t f ~ „ti ` ~ f .~ 1 •'' f .~ .--. r'~ Mi 7 ' _ • ' r {~. '° r ~ ~ ., ' ` ~ ® n ~ . _...... - - - `~ ~ , , - /. ~'h .._. ! ~ B N ~} i r ,_ -,_. ~ - - i` `I f .,1. ;, ...._, a \~.f ~ _ a~..~ F _ _ G - o i s '~ t ~~ K a' ~- ~ # e°V { 3 Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Amending Sub-recipient Agreements with NHS Lending, Inc. for Community Development Block Grant (CDBG) Funds MEETING NOTES ~ ~ VED ~ 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ FIRST ADI}END~CJM to SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NHS LENDING, INC. FOR PY 2011 ~OMM~INYTY DEVELOPMENT BLOCK GRANT FUNDS This FIRST ADDENDUM to SUBRECIPIENT AGREEMENT BETWEEN CYTY OF MERIDIAN AND NHS LENDING, INC. FOR PY 2011 CO Y D V LOPMENT BLOC GRANT FIUNDS ("First Addendum."} is made this `''' da of , 2 12 b and between the Y Y City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City'') and NHS Lending, Inc., a nanprolit organization organized under the laws of the state of Idaho ~"Subrecipient''}, WHEREAS, on or November 30, 2011, Subrecipient and City entered into a Subrecipient Agreement for PY2011 Conununity Development Bloch Grant Funds ("November 30, 2011 Agreement"} establishing rights and responsibilities regarding the investment of Community Development Bloch Grant ("CDBG") funds in Subrecipient's programming; 'WHEREAS, Subrecipient requires additional time to complete such progran~n~ing; NOW, THEREFORE, in consideration of the mutual covenants ofthe parties, the Parties agree as follows: I. AMCNDMENT. Section I(F) of the November 30, 2011 Agreement between the parties shall be ~ amended to read as follows; Time of performance. Services of Subrecipient shall start on or before December b, 2011 and end an December 14, 2012, The term of this Agreement and the provisions herein shall be extended to cover any additional time pexiod during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. ALL OTHER PROVISIONS IN EFFECT. Except as expressly modified by this First Addendum or other duly executed addenda, all provisions of the November 30, 2011 Agreement shall remain in full farce and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the November 30, 2011 Agreement or this First Addendum thereto. IN WITNESS WHEREOF, the parties shall cause this First Addendum to be executed by their duly authorized a#~cers to be effective as .of the day and year first above written, SUBRECIPIENT: N.,~. S Lending, Inc. Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: Approval of Award of RFQ and Authorize the Purchasing Manager to Sign the Non- Financial (Zero Dollar) Master Agreements Professional Construction Management Services -Projects Over $25,000 to the Following: • Beniton Construction. • Engineered Structures, Inc. • The Ewing Company, Inc. Task Orders Issued Against These Master Agreements Will Include the City Legal Department Modified AIA Agreements MEETING NOTES ED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Kyle Radek Date: 10/31/12 Re: November 7 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 18 City Council ConsentAgenda for Council's consideration. Approval of Award of RFQ and Master Agreements for Professional Construction Management Services -Projects Over $25,000. This award is the result of Formal RFQ #CW-02-2012 issued August 13~' and opened August 27~'. Nine responses were received in which 3 Master Agreements will be entered into utilizing a standard City template. Recommended Council Action: Approval of Award of RFQ and Authorize the Purchasing Manager to sign the non-financial (zero dollar) Master Agreements with the 3 firms listed below. Task Orders issued from the Master Agreements will be approved per the existing Purchasing Policy and will include the City modified AIA Agreement. Beniton Construction Engineered Structures, Inc. The Ewing Company, Inc. Thank you for your consideration. • Page 1 Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: Cooperative Agreement Between Valley Regional Transit and the City of Meridian for Annual Dues and Service Contribution for aNot-to-Exceed Amount of $104,806.00 MEETING NOTES ~~ ROV ~D Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS r r ~, COUPERATI'VE AGREEMENT ~ETwEEN VALLEY REGIGNAL TRANSIT CITY OF MERIDIAN FGR ANNUAL DUES AND SERVICE CONTRIDUTIiJN THI5 COOPERATI~IE AGREEMENT (Agreement } is entered lnta this day of -~0 1~-by a~ad between VAIILEY REGIGNAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code {"VRT''}, and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title S0, Idaho Code ("Memaer") RECITALS A. VRT is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter ~ ] ,Title 40, Idaho Code, and as a result of November 3, 1 g98 public referendum. VRT provides publicly funded or publicly subsidized transportation ~"`~ services and programs in Ada and Canyon Counties. B, Member is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code § 40-2109?} provides that VRT may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Cade § ~7-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action far purposes within the power, privilege, or authority of said agencies. D. Idaho Cade § 40-2110_ provides that counties, cities, highway districts and other governmental entities in the region may enter into cooperative agreements with the regional public transportation authority in order to contribute funds from any source in recognition of costs of the authority, E, There are two primary programs which VRT budgets and funds each year, First, DIRT budgets and establishes annual dues for its regular and special rne~bers, with dues for its regular members calculated pursuant to a population based formula, and dues for its special members calculated pursuant to a negotiated amount. Second, YRT budgets and establishes service .contribution requirements to support the operation of motor bus services within the Nampa Urbanized Area and the Boise Urbanized Area. F. VRT has budgeted $1x4,806 for Member to contribute for its annual dues and service contribution; Member has budgeted the same amount for its VRT annual dues and service contribution. Page 1 of 4 ~' `. G, Service contributions support the following modes: 1}Nampa Express Service (RoutQs 40 & 43). Operates between Nampa and Boise making a limited number of designated stops in Caldwell, Meridian, and Boise. The service operates Monday thru Friday from 5:35 A.M. to b:25 P.M. The service generally utilizes 24 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack, 2} Nampa f,imited Stop Service (Route 42}: Operates between Nampa and Boise making several designated stops in Nampa, Meridian, and Boise. The service operates Monday thru Friday from 5;35 A.M. to 8;27 P.M. The service generally utilizes 20 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. AGREEMENT .~ NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mete recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Section 1, Term This Agreement shall be in effect from the 1 St day of October, 2012, and will terminate on the 30~' day of September, 2013, unless earlier terminated pursuant the mutual written agreement of the parties hereto. Section 2, Purpose The purpose of this Agreement is; (a} For Member to pay annual dues and a service contribution to VRT for Fiscal Year 2013 in the amount of $104,806 in contribution to the costs of VRT and in support of transportation services within the Nampa 1Jrbanized. (b) For VRT to use said annual dues for costs budgeted under its regional planning and program administration, and to use said service contribution for costs budgeted under its regional operating plan. Section 3. Compliance VRT, ; in using said dues and service contributions, shall comply with all conditions required by applicable federal, state and local laws and regulations, and shall maintain, in accordance with generally accepted accounting practices and principles, records and books of account regarding said dues and operating costs. Page 2 of 4 Section 4. Payment (a} Member shall pay its annual dues and service contribution up to the aforesaid amount of $104,806 within 3o days of invoice to VRT at the following address, unless Member is notified in writing by VRT of a new address: Valley Regional Transit 700 NE 2na St Suite 100 Meridian, Idaho 83642 (b} Member's address, for the purpose of notice or cozrespondence, unless VRT is notified in writing by Member of a new address, is as follows: City of Meridian Attn: Bill Nary 3 3 East Idaho Meridian, Idaho 83642 Section 5. Miscellaneous (a) Each party hereto represents and wa~~•ants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body, and is fully vested with the authority to bind such party in all respects, (b} If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties, and shall survive the severed provisions. (c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between VRT and Member concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. (d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions ot• agreements contained herein. (e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto, This Agreement shall be binding on the parties hereto, and their successors and assigns, Section 6, Indemnification To the extent permissible bylaw, VRT shall indemnify, defend, protect and hold harmless Member, and it's of~cets, agents and employees, from and against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to attorney fees, court costs, and expert fees}, of any nature whatsoever (collectively, "Claims"} arising out of or incident to this Agreement, and any renewal or ,,,~,, extension thereof, and arising out of or caused by the negligent or intentional acts or omissions Page 3 of 4 ~. of VRT, it's officers, agents and employees, regardless of where the injury, death, or damage may occur, except to the extent any such Claims arise out of or are caused by the negligent or intentional act or omission' of Member or it's officers, agents and employees. Member shall give to VRT reasonable notice of any such Claims. DIRT shall notify Member of the counsel to be used in carrying out its obligations hereunder. Member must state any reasonable objection that it may have regarding the use of said counsel. The provisions of this section shall be deemed to be a separate contract between the parties and shall survive the expiration or any default, termination or forfeiture of this Agreement, and any renewal or extension thereof. Notwithstanding anything to the contrary in the foregoing, Member's right to indemnification pursuant to the foregoing shall be limited to indernrufication for such Claims far which Member incurs actual liability or expense. The foregoing indenanlificationindudes, without limitation, any Claim arising out of or caused by the noncompliance of any services, programs, ar activities provided by VRT under this Agreement with all applicable federal, state, and local statutes, regulations, and requirements, including, but nit limited to, the Americans with Disabilities Act (ADA}. Notwithstanding anything to the contrary in the foregoing, (i) na employee or officer of VRT shall be personally liable to Member under this Agreement, iii} with respect tv third party Claims, both VRT and Member expressly reserve any and all of the privileges and immunities available to them, if any, under Idaho law, and (iii) the agreement of VRT to hold harmless or indemnify Member shall be limited to, and be payable only from, VRT's available insurance or self-insurance coverage for Liability assumed by contract available as a part of its general liability insurance program." ~~bJCUTEI~ and effective as of the date first above written. Valley Regional Transit: ~ r - Kelli Fairless executive Director City of Meridian; ~~~~~~ P$ge 4 of 4 Meridian City Council Meeting DATE: November 7 2012 ITEM NUMBER• 5Q PROJECT NUMBER• ITEM TITLE: Contract with Delta Dental of Idaho, Inc. for Dental Benefits for 2013 MEETING NOTES u~ APP Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS L~ DELTA DENTAL Delta Dental of Idaho Contract prepared for: 0133 Czty of Meridian 0133 Delta Dental of Idaho Delta Dental Premier This contract originally effective the 1st day of October,1984 A.D,, by and between City of Meridian, hereinafter referred to as the contractor and DELTA DENTAL OF IDAHO, INC,, an Idaho nonprofit corporation, hereinai~er referred to as Oelta Dental Section ~ Declarations The benefits afforded are only with respect to such benefits as are indicated in this contract. Delta Den ' li ' th+~ benefits stated herein; subject to all the terms of this contract Navin referent tal s ab~l~ty ~s llm~ted to g e thereto, A,. Effective Date of Contract Term: l2;dl A.M, Standard Time, January Oi, Z013 A.D, B. lttnewal Date: January O1, 2D14 C, Contract Term; One year D, Croup Number: 4133 E. Eligibility (subscriber and dependents); All active employees and directors of the contractor working at least 44 hours per week are eligible to be subscri~rs. All elected offtcials of the cantractor working at least 19.5 haurs per week are eligible to be subscribers There two subscribers who are legally married to each other are eligible under the same group or any other dental group of the contractor and/or have dental coverage separately or jointly under any other contractor, they will be enrolled under separate enrollment cards, Subscribers may dually cover any or all dependents with internal dual coverage allowed up to one maximum benef t, Dependents of above~mentianed subscribers are also eligible. Dependent children are eligible to age 26. F, Eligibility Period; A11 new subscribers (and their dependents, if covered above), defined as eligible subscribers added to the covered graup who are hired after the effective starting date of the contract will be eligible for enrollment oa7 the first day of the month following date of hire. G. Late Enrollee: Any employee and/or their dependentts) who did not enroll on the dental plan following completion of the employee's eligibility period, as defined above, will be considered a late enrollee and will have a 24 month waiting period for Major gerviees (Class Ill), The late enrollee waiting period shall be in addition to any other service waiting periods on the plan. Page 1 QI33 Oe{ta dental of Idaho H. Covered Services: Delta Dental Pays PFO Premier C1a39 ~ Benefsts Diagnostic and Preventive Services 104°/a $Q% Radiographs 100°l0 8a% Class XY Benefits 80% 74% Oral Surgery Services Endodontic Services $O4/° 7a% Periodontic Services ~Oa/o ?0% Minor Restorative Services g0% 7a% Class II1 Benefits Major Restorative Services 5a% 4Q% Prosthodontic Services ga% 40°/a class Iv Benefits Orthodontic Services Child and Adult a°~a 0°~0 Deductible Per Verson $5a $50 Per Family $ISa ~15a Maximum Benefit $1,Z5a ~l,aaa 1, Deductible: The deductible is a per person total per calendar y ear limited to a maximum of three deductibles per family per calendar year on Class II and Class III Benefits, The deductible does not apply to Class I or Class 1V Benefits. J. MAxlmum Payment; The maximum payment is a per person total per calendar year an Class I, Class II, and Class Iii Benefits, K. Rate: COBRA Rates: (COBRA rates are provided and applicable to Groups with 20 or mare employees). Employee S40.b0 $41.41 Employee + Spouse 581,30 $8.93 Employee + One Child $64,35 565.64 Fanployee + Twa or more Children $82.80 5$4,46 Employee+Spouse+ One Child S10S.15 ~I07.2S Employee + Spouse + Two or more Children S 123.3a 5125,77 Renewal dues will be based upon the experience ofthe plan in which the Contractor is enrolled with consideration given to the Contractor's individual group experience. Gtoup experience reports will be provided quarterly based upon a calendar year, L. These rates are contingent upon: The employer MUST contribute laa% of the full cost of eligible employees and ALL eligible employees MUST be enrolled. 50% of ALL eligible dependents MUST be enrolled, Page z ~ R . DI+LTA DENTAL QF IDAHO ~~ De~n~tians A, Benefits means payment for dental services that have been selected under the Contract, B. Child means the Subscriber's natural children, stepchildren, adopted children, children by virtue of legal guardianship, C. Contract means this document, including, if applicable, any appendices, supplements, riders, successor agreements, or renewals now or herea$er issued or executed. D, ""Contract Fee" means the maximum dollar amount, determined in accordance with the terms of the Delta Dental service agreement and policies, rules or schedules as may from time to time be adopted by Delta Dental, that may be paid to Delta Dental Premier Participating Dentists for dental services provided to subscribers and Eligible Dependents, E. Capayment means the percentage of benefit payment that the Subscriber must pay for Covered Services. F. Covered Services means the unique dental services selected for benefits as described in the Declarations Section and subject to the terms and conditions of this Contract. G. Deductible means the amount an individual and/or a family must pay toward Covered Services before Delta Dental begins paying for services under this Contract, If the Contractor has selected a Deductible, it will be indicated in the Declarations Section. H, Delta Dental means Delta Dental Plan of Idaho, Inc., a nonprofit dental service corporation providing dental benefits programs, I. Delta Rental's 1WonparticipatingRentist Fee means the maximum amount allowed per procedure for services rendered by a Delta Dental Nonparticipating Dentist. J. Delta Rental's Participating Dentist Fee means the maximum amount allowed per procedure for services rendered by a Delta Dental Premier Participating Dentist. K, Delta Dental Premier means Delta Dentai's standard fee~for-service dental benefits program. I.,, Dentist means a person licensed to practice dentistry in the state or caunhy in which dental services are rendered. An Idaho Dentist is a Dentist who is licensed in Idaho. * Delta Dental Premier participating Dentist means an Idaho Dentist who has signed an agreement with Delta Dental to participate, The Delta Dental Premier Participating Dentist accepts Delta Rental's payment and the patient's ca payment, if any, as payment in full. • Delta Dental lonparticipating Dentist means a Dentist who has not signed an agreement with Delta Dental, or a Delta Dental Participating PIan in another state, to participate in Delta Dente! Premier, It is the Subscriber's responsibility to make full payment to the Delta Dental Nonparticipating Dentist. M, Denh,rist means a person licensedby the State of Idaho to engage in the practice of denturism. N, Dental Hygienist means a person licensed to practice dental hygiene who is acting under the supervision and direction of a Dentist, DDi Group Contra page~3-! 6 4710 Page ~ l;Wndelv~rili~glConiradslDcUs Dental Group Cotgracl pages 3.16 8-I O,doac DELTA DENTAL 0~ IDAHO D. );ligible Dependent means to}the Subscriber's legal spouse and ~b}any other dependents who meet the criteria for eligibility set forth in the Declarations Section. If dependent coverage has been selected, it will be included in the Declarations Section, P, Maximum Payment means the maximum dollar amount Delta Dental will pay in any benefit year or lifetime for covered dental services. The Maximum Payment is specified in the Declarations Section, Q, Processing Policies means Delta Rental's policies and guidelines used for predetermination and payment of claims, The Processing Policies maybe amended from time to time. R, Rate means the amount, per Subscriber and Subscriber classification, the Contractor agrees to pay Delta Dental each month. This amount, or the information necessary to compute it, is specified in the Declarations Section. S, Sabrnitted Amount means the fee a Dentist bills to Delta Dental for a specific treahnent. T. Subscriber means nit eligible persons who; 1. are certified as being elig~~le by the Contractor; and 2. receive compensation from the Contractor; $ad 3, are members of the group specified in the Declarations Section. S'ec~ion ~'rr. Sri ibiriuy A. Effective Date of Eligibility 1. Initial effective date; All persons enrolled as Subscribers or listed ar acknowledged as an Eligible Dependent on the effective date of this Conduct are immediately eligible for dental benefits. 2. Alter the initial effective date; For all Subscribers (and their Eligible Dependents, if specified in this Contract} not associated with the Contractor on the initial effective date of this Contract, eligibility for dental benefits wilt begin on the first day of the month following whichever of the following dates is applicable; a. Newly hired or rehired employees: The date for which employment compensation. begins plus the number of days specified as the eligibility period in the Declarations Section, b. Spouse; Date of marriage. c, Newborn; Date of birth, d. Legal adoptions or guardianships: Date of placement when the legal petition for adoption or guardianship becomes legally final, Placement means physical placement in the care of the adopting health plan Subscriber. An adopted newborn child placed with the adoptive subscriber mare than sixty (60}days after the birth of the adopted child shall be from and after the date the child is so placed. An adopte{1 newborn child placed with the adopting Subscriber within sixty {64) days of birth may be added to the adopting Subscriber's planar a newborn dependent. e, Stepchild; Date that the child's natural parent becomes a dependent. eligible far dental benefits, DD1CroupComnctpeges3-160?10 Pag84 l;lUnderwriti,-~IContr~etelDelleDantelGroupComnctptgg3.16 8•l0,daa C~ DELTA DENTAL DELTA DEN~'AL 0~ IDAHO ~. General Eligibility Mules t. No person v~ill be eligible for dental benefits under this Contract unless the Contractor has either currentl enrolled that person as a Subscriber or currently listed or acknowledged that person as an Eli ible De endent. y g p ~. Unless the eligibility requirements stated in the Declarations Section are different, an Eligible Dependent is; a. The Iegal spouse of the Subscriber; ar b. A child of the Subscriber who has nat yet reached the end of the calendar month of his or her Zbth birthday; and c, A child who is not eligible for other dental coverage if age ~S; or d. A child of the Subscriber or the Subscriber's legal spouse if, pursuant to a court decree, the Subscriber or the Subscriber's legal spouse is financially responsible for the medical, health, or dental care of the child; or e. A child of the Subscriber who is totally and permanently disabled by either a physical or mental condition prior to age 2d and is not eligible for other dental coverage, If requested by Delta Dental, the Subscriber shall submit medical reports confirming the child's initial or continuing total disability, 3. No person will be eligible for orthodontic benefits under this Contract unless Class I~ benefits are selected in the Declarations Section, Na person will be eligible for orthodontic benefits on or after that person's 19th birthday, unless specifically allowed in the Declarations Section. C. Termiaativn of Eligibility Eligibility for dental benefits will terminate for all Subscribers and dependents under this Contract at the oarlier of: 1. The termination of this Contract; or Z, The last day of the month for whici~ payment has been made if the Contractor fails to make the payments required by this Contract. Eligibility of an individual Subscriber, and of the Eligible Dependents of that Subscriber, will also terminate if that Subscriber ceases to be a Subscriber as defined by this Contract, An Eligible Dependent also terminates upon failure to meet the eligibility requirements of this Contract. In no event will eligibility for any person covered under this Contract continue beyflnd the date Delta Dental is advised by the Contractor to terminate that person's eligibility. A person whose eligibility is terminated may not transfer to an individual direct payment contract with Delta Dental or may not continue group coverage under this Contract, unless required bylaw, D. Sass of Eligibility During Treatment 1, Yf a Subscriber andtar Eligible Dependent lose eligibility while receiving dental treatment, only Covered Services received while that individual was eligible under the plan will be payable, ~. Procedures begun before the loss ofeligibility may, at Delta Dental's sale option, be covered if the services were completed within a bU-day penod measurod fiom the date of the loss of eligibility. In those cases, Delta Dental evaluates those services in progress to determine what portion will be paid by Delta Dental. The balance of the total fee is the Subscriber's responsibility, E. Continuation Coverage - C~D1ZA 1. The other provisions of this section notwithstanding,eligibility for dental benefits will continuo for an individual who is required to be provided with, and elects continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act tCQBRA~ provided: Contiauation coverage is required to be provided under CDB1tA. The Contractor notifies Delta Dental that the individual is eligible for benefits. Coverage shall only be in effect up to the first day of the month after the individual notifies the Contractor that he or she no longer wants coverage from Delta nDi Group Conttad p~gea3.16 onto Page 5 ~,1Undenniti~glContrecaslne~la Denld Qronp Coatnet pages ]-l b B-l0.dopE ~~~~ ~~rrr~ a~ In~xo Dental or until the end of the individual's condnuation coverage period, whichever occurs first. Further, coverage shall only remain in effect to the Last day of the month for which payment has been made to Delta Dental by the Contractor, However, an individual's coverage may be retroactively reinstated forthe d0-day COBRA "election" period if the Contractor pays the applicable rate for the period. Delta Dental may, at its soie option and without notice, continue coverage, if legally required. Coverage gill not continue beyond the termination of this Contract. The individual is responsible for the costs o#'any service provided after an individual is no longer eligible far continuation coverage under this subsection, Proper and timely notification should be given to Delta Dental by the Contractor t8 delete the individual's coverage. The monthly rate that the Contractor must pay on behalf of any individual who is provided coverage under this subsection will be based an the COBRA continuation coverage rates then in effect during that month, An individual who continues coverage will be considered tp be either a Subscriber or an Eligible Dependent under this Contract and the dental care certificate as long as coverage is provided under this section. Delta Dental does not assume any of the obligations assigned by COBRA to the Contractor or any employer (including the obligation to notify potential beneficiaries of their rights or options under COBRA, and the Contractor agrees that it will perform those obligations in full, Section ~'Y. ~ene~lx Types of Dental Benefits Delta Dental agrees to provide Benefits to Subscribers and Eligible Dependents under the policies and procedures of Delta Dental, including the Processing Policies, and under the terms and conditions of this Contract, including, but not limited to, the follawing classifications, exclusions, and limitations. Benefits will be divided into the follawing classes unless otherwise specified in the Declarations Section: i, Class X Benefits a, Diagnostic and preventive Service Services and procedures to evaluate existing conditions andlor to prevent dental abnormalities or disease, These services include examinations, prophylaxis, and fluoride treatments. b. Radiographs X-rays as required for routine care or as necessary for the diagnosis of a specific condition. Z, class X~ Benefits a. Dral Surgery Services Extractions and dental surgery, including pre+ and postoperative care. b, Endodontic Services The trEatment of teeth with diseased ar damaged nerves (far example, root canals}, c. Perlodontic Services The treatment of diseases of the gums and supporting structures of the teeth, This includes periodvntai maintenance following active therapy (periodontai prophylaxis), d. Minor Restorative Services Services to rebuild and repair natural tooth stractore when damaged by disease or injury. Minor Restorative services include amalgam (silver) and resin (white) fillings. e. Emergency Palliative Treatment Emergency treatment to temporarily relieve pain. ___ DATGraup Contras pages3~lb 0714 ° page 6 I:IUndeswritioglCaN~ectslD~lt~ Aentd Gaup iromr~d psi 3-16 8-IO.docx l~ DELTA DENTAL DELTA DENTAL OF IDAHO 3, Class III Bene#3ts a, lViajor ~estoratiYe Services Services to rebuild and repair natural tooth structure when damaged by disease or injury, Major Restorative services include crowns when teeth cannot be restored with another filling. b. Prosthodontic Services Services and appliances that replace missing natural teeth tsuch as bridges, partial dentures and complete dentures). 4. Class N Benefits a. Orthodontic Services Services, treatment, and procedures to correct malpositioned teeth, S'ectian V. ' Excir~srgns and Lirnitat~ons A. No payment will be made by Delta Dental and all charges for the following services will be the responsibility of the Subscriber; i, Services for in~uries,or conditions payable under Workers' Compensation or Employer's Liability Iaws. Benefits ar services that are available from any government agency, political subdivision, community agency, foundation, or similar entity, NO'[~: This provision does not apply to any programs provided under Title XIX Social Security Act, i.e,, Medicaid. ~. Services for cosmetic surgery, or dentistry far aesthetic reasons. . 3. Services or appliances started before an individual became eligible under this Contract, 4. Prescription drugs, pre-medications and/or relative analgesia. General anesthesia and/or intravenous sedation ether than for covered oral surgery, Charges far hospitalization, laboratory tests, and examinations and any additional fees charged by the dentist for hospital treatment, 5. Preventive control programs, including home care items, b, Charges for failure to keep a scheduled visit with the Dentist. 7. Repair, relines, or adjustments of occlusal guards, 8, Charges for completion of forms, A Participating Dentist may not make these charges to a Subscriber or Eligible Dependent. 9, 1?rosthodontic services (Class ~ Benefits), unless specified as a Covered Service in the Declarations Section. 10. Orthodontic services (Class IV Benef ts), unless specified as a Covered service in the Declarations Section, 11. Lost, missing, or stolen appliances of any type and replacement or repair of orthodontic appliances, 12. Services for which no valid dental need can be demonstrated, that are specialized techniques, or that are experimental in nature as determined by the standards of generally accepted dental practice. 13. Appliances, surgical procedures, and restorations for increasing vertical dimension; for restoring occlusion; for replacing tooth structure lass resulting dam attrition, abrasion, or erosion, Yf orthodontic benefits have been selected under this Contract, this exclusion will not apply to the orthodontic services, 14, Treatment by other than a Dentist, except for services performed by a licensed dental hygienist or denfiuist within the scope of his or her license. 15, Those Benefits excluded by the policies and procedures of Delta Dental, including the Processing Policies, pD~ Croup Canl~aa p~ea3.16 4710 Page ~ l:tund«wrpinglcoalr~dclDelta 1Jon1~ C~Mract pia 3•IG B•ladocx D~I.TA DENTAL OF IDAHO 16, Services or supplies for which no charge is made, far which the patient is not legally obligated to pay or for which no ' charge would be made in the absence of Delta Dental coverage, 17. Services or supplies received as a result of defect, or injury due to an oat of war, declared ar undeclared. 18. Services that are covered under a hospital, surgicaUmedical, or prescription drug program. l9. Appliances, restorations, or services far the diagnosis or treatment of disturbances of the temporornandibular joint (TMJ), 2Q. Myofitnctional Therapy. 21. Delta Dental is not obligated to pay claims received more than twelve {12) months aver the date of rendition of the service, B. Services that are not within the classes of benefits that have been selected and are not in this Contract. The Benefits for the following services are limited as follows unless specified in the Declarations Section. All time IimitaNons are measured from the last date of service in any dental plaa or paid individuals. I. Prophylaxis, including periodontal prophylaxis, and oral exams are payable once in a six (b) month period. ~. Bitewing X-rays are payable Qnce in any period of twelve (12} consecutive months. Full mouth X-rays {which include bitewing X-rays) are payable once in any five {5}-year period. A panographic X-ray (including bitewings} is considered a full mouth X-ray. 3. Amalgam and resin restorations are payable once within atwenty-four (24} month period regardless of the number or combination of restorations placed on a surface. 4. Cast restorations (including jackets, crowns, onlays} on the same tooth are payable once in any seven (7}year periad. 5. Porcelain, porcelain subsfrate, and cast restorations are not payable for children less than sixteen {1 bj years of age. 6. optional treatment; If the Subscriber or Eligible Dependent selects a more expensive dental service than is customarily provided or far which Delta Dental determines that a valid dental Head is not shown, Delta Dental may make an allowance based pn the fee for the customarily provided service or to provide service for tl~e necessary Covered Service. The Subscriber is responsible for the dif ference in cost.. 7. Benefits for root planing are payable once in any two (2) year period, Periodontal surgery is payable once in any three (3) year period. 8, 1?rosthodontic (Class IIl}benefit. limitations: a. One {1}complete upper and one (1) complete lower denture are benefits once in any seven {7) year period for any individual, b. A partial denture, fixed bridge, or for any individual can be covered once. in any seven (7) year periad. c. Fixed bridges and removable cast partials are not payable for children Less than sixteen (lb} years of age. d. A reline or the complete replacement of denture base material is limited to once in any two (2) year period per ' appliance. 9, Preventive fluoride treatments are payable for children less than nineteen {19) years of age, once in any twelvo {12) consecutive months, unless otherwise specified in the Aeclarations Section. IU. Qrthodoatic (Class I~ benefit limitations; if Orthodontic services are a covered benefit listed in the Declarations Section: a. ~Jrthodontic benefits are payable for children less than nineteen (19} years of age of a Subscriber or Eligible Dependent, unless otherwise specified in the Declarations Section. DDI Group Conlnct paget3~i6 0714 page ~ (;Wndawr'icinglContnaslDtlh Dental Group Coq p~ge~ 3• l6 $-I O,docx !~ DELTA DENTAL DELTA DENTAL. 4P IDAH4 b. Yf the treatment plan is terminated before completion of the case for any reason, Delta Dental's obli anon wil l cease with payment far services rendered up to the date of termination. g c. The Dentist may terminate treatment, with written notification to Delta Dental and to the patient, for lack of anent interest and cooperation. In those cases, Delta Denial's obligation for pa ent of benefits ends on the las p month in which the patient was last treated, ~' t day of the d. Any charge for the replacement or,repair of an orthodontic appliance furnished under any Delta Dental pro am will not be paid by Delta Dental and will be the responsibility of the patient. ~ e. Payment is based on the signed Financial Agreement and/or treatment length. Initial down payment is paid on E~anding date followed by quarterly payment for ongoing treatment, tl, Delta Denial's obligation for payment for covered services ends on the last day of the month in which coverage is terminated under ors Contract, unless otherwise specified in the Declarations Section. ~2, When services in progress are interrupted and completed later by another Dentist', D$Ita Dental will review the claim and determine the amount of payment, if any, to each nentist. 13. i~iaxintum Payment; a. The maximum benefit payable in any one (1) benefit year will be limited to the amount specified in the Declarations Section of this Contract, y b, Delta Denial's payment for orthodontic (Class 1'~}benefits will be limited to the lifetime maximum specified in the Declarations Section of this Contract. ~4. Ifa plan Deductible amount is specified in the Declarations Section, Delta Dental will not be obligated to pay for, in whole , or in part, any services until the Deductible amount is met. l~. Rollover Maximum Benefit Limitations; if Rollover Maximum Benefit is a covered benefit listed in the Declarations Section: . a. If total paid claims do not exceed the annual threshold amount, the rollover amount will automatically rollover each year until the maximum benefit amount is reached, b. To be eligible for the rollover benefit, enrollees must receive a preventive service such as a dental cleaning or a~enta! exom~ within the calendar year, G To receive the maximum rollover benefit on a Delta Dental Premier plan, enrollees must obtain ALL dental services from a Delta Dental Premier. network dentist, To receive the maximum rollover benefit on a Delta Dental PPa plan, enrollees must obtain ALL dental services from a FPp network dentist. d. If enrollees receive care from a non participating dentist at any time during the calendar year, they will not accrue the rollover benefit for that year. e, The maximum rollover amount is available to enrollees each calendar year. Annual maximum dollars are used first. If paid dental claims exceed the annual maximum, the remaining amount will be deducted from the accrued rollover amount. f, The maximum rollover amount does not apply to any services with a lifetime rnaximurn (such as orthodontics. g. There is no time limit for using the accrued maximum rollover amount as long as enrollees have continuous coverage and their employer continues to offer a Rollover Maximum Benefit dental plan, h, Enrollees will lose their rollover balance if they disenroll or have a break in coverage. 1b. Processing Policies may limit treatment. Processing Policies are available upon request. DDl Group Ccntrxd pagn~9-16.0719 Page ~ i:lUnderwriGagiContrutziDclu Drn~l tiroup CgnUva pegat 3.16 8-IO.~locx DELTA D~NTAI, OF IDAHO ,Sect~On Yr. A~reentents A, Delta Dental Agrees: 1. To make no payments from the money received from the Contractor far any services rendered to a person who is not eligible for dental benefits as defined in this Contract. Z, To endeavor to enlist Dentists to become Participating Dentists in sufficient number to ensure an adequate choice of Dentists. Nothing shall require Delta Dental to provide a Dentist to a Subscriber or to an l ligible Dependent, 3. To contractually require each participating Dentist to render all dental treatment provided under this Contract according to the standards of the dental profession in the community in which the dental procedures are rendered. ~, To make payments in the following manner for dental services provided to Subscribers and Eligible Dependents: a. If the Dentist is a Participating Dentist, Delta Dental will base payment on the lesser of the Submitted Amount or the Contract Fee, Delta Dental will send payment to the Participating Dentist and the Subscriber will be responsible far any Co-payment andlor any non~covered services. b, If the Dentist is a Nonparticipating Delta Dental Dentist, Delta Dental will base payment on the Lesser of the Subrriitted Amount or Delta Dental's Nonparticipating Dentist Fee. It is the Subscriber's responsibility to make full payment to the Nonparticipating Dentist. For dental services rendered by an out-of-state Dentist, Delta Dental will base payment on the lesser of the Submitted Amount or the Contract Fee in that area, if the out-of-state Dentist is a participatiag Dentist with a Delta Dental Plan in the state in which the service isrendered, Iftheout-of state dentist is not a participating dentist, payment will be made as provided in subparagraph 4{b) of this Section, B, Contractor Agrees: ~, To pay Delta Dental the monthly rate specified in the Declarations Section of this Contract, in advance, unless otherwise specified in the Declarations Section, Delta Dental may, at its sole option, sand notification to the Contractor of an adjustment in rates, benefits, or co-payments to correct potential adverse group experience resulting from the following: a, Information provided upon enrollment proves to be in error; or b, Terms and provisions of the Contract are violated; or c, Initial size ar composition of the group changes to the extent it adversely affects the rates. If an adjustment is warranted, Delta Dental will provide the Contractor written notice 30 days prior to implementing any adjustment, If the Contractor refuses to accept this adjustmen#, Delta Dental may,. in its sole discretion, implement the adjustment or an alternative adjustment as stated in Section T~ ofthis contract, or cancel this Contract. 2. To enroll as Subscribes all eligible employees of the Contractor and to list, if covered, all Eligible Depeadents of those employees, to the extent required under the Contract. The Contractor will provide Delta Dental an accurate monthly statement of the total number and names of ail Subscribers and, if applicable, all Eligible Dependents. ~, To permit Delta Dental, by its auditors or o#her authorized representatives, on reasonable advance written notice, to inspect the Contractor's records to verify the accuracy of lists of Subscribers and Eligible Dependents submitted to Delta Dental. Clerical errors ar delays in keeping or relaying data will not invalidate eligibility that would otherwise be validly in force or continue eligibility that would otherwise be validly terminated, if, after discovery ofthe errors or delays, an equitable adjustment of the Contractor's payments can be made in a reasonable period of time. 4. To provide each Subscriber with a standard certf cafe of the Eenefits provided under this Contract. The certificate will be provided by Delta Dental. Customized benefit literature can be provided for an additional cost, To collect and pay to Delta Dental any amounts that the Contractor's employees are required to pay to Delta Dental under this Contractor any written e~ployment contracts. Any amounts not collected will be the responsibility of the Contractor. uaa ~-,p Contract p~ge~3.1 a oaro Page 10 itunaerwrlangtco~tr~uklta Denc~l Qroup Cantra~ pis 3-t6 a-~o,aocx L~ DELTA DENTAL DELTA DENTAL OF IDAHD Section VII, ~etrertrl Provisions A, Dentists providing services are independent contractors, and neither the Contractor nor Delta Dental will be liable far an act or omission of any Dentist, his or her employees or agents or any person ravidin dental or other rofessional se y this Contract. p g p rvtces under B. All Dentists, Subscribers, and Eligible Dependents, by performing or receiving services under this Contract, are bound by all its terms. C, Delta Dental will not honor and no payment will be made for services if a claim for those services has not been received by Delta Dental within twelve (12}months from the date the services for the procedure were completed. D. No materials will be published ar distributed by the Contractor concerning this Contract until the materials are first approved by Delta Dental, ~. No action an a claim arising out of or related to this Contract will be brought until thirty (3U) days after notice of the claim has been given to Delta Dental, nor will any action be brought more than three (3) years after the claim first arose, F. Delta Dental and Contractor agree to defend, indemnify ar~d bold harmless the other and its directors, officers and employees (who are acting in the course of their employment, but not as claimants} from any loss, cast, or expense (including reasonable atxorney fees and court costs} resulting from or arising out of or in connection with its breach of this Contract or any negligent act or omission of any of its directors, officers or employees, G, While the Subscriber and/or Eligible Dependent are covered by Delta Dental, the Subscriberand/or Eligible Dependent agree to provide Delta Dental with any information it needs to process the claims and administer the Benefits, This includes allowing Delta Dental to have access to his or her dental records. H. Delta Dental will establish a procedure for resolving all questions raised by a Dentist, a Contractor, a Subscriber, or an Eligible Dependent in regard to claims for dental benefits allowed or rejected under the terms of this Contract. This procedure will bs used both for the initial dettrminatian of those questions and for the resolution of appeals made on the basis of those initial determinations. All determinati4us made acs~rdir~g to this procedure will be final and binding on the Dentist, the Contractor, the Subscriber, aid the Eligtble Del dent. All of the Benefits under this Conhract, if applicable, will be subject to a coordination of benefits provision that is designed to provide maximum coverage, but not to exceed 1 Oo percent of the total fee for a given treatment. 1, General a, This coordination of bene€tts ("C(}B"}provision applies to This plan when an employee or the employee's covered dependent has health care coverage under more than one plan, ")?lan" and "This Plan" are defined below. (1) If this COB provision applies, you should look first at the order of benefit determination rules. Those rules determine whether the benefits of This plan are determined before or after those of another plan, The benefits of This Plan; shall not be reduced when, under the order of l~nefit determination rules, This Plan determines its benefits before another plan; but (~) May be reduced when, under the order of benefits determination rules, another plan determines its benefits first, The above reduction is described in "effect on the Benefits of This Plan," 2. Definitions; ~. A plan is any of the following that provides benefits nr services for medical or dental care or treatment, If separate contracts are used to provide coordinated coverage far members of a group, the separate contracts are considered parts of the same plan and there is na COB among those separate contracts. DDt Croup CoMr~ct p~~-1b a~ ~ o Page I l 1,ulaaerw~tinglC4ntncsslD~l~e Dent~1 Group Coetna pages 3.1 b B-I o.docx DELTA n~NTAL OF IDAHO (1) Plan includes: group and non-group insurance contracts, health maintenance organization (HMO) contracts, closed anal plans or other forms of group or group type coverage (whether insured or uninsured); medical care P com onents of long-term care contracts, such as skilled nursing care; medical benefits under group or individual p automobile contracts; and Medicare or any other federal governmental plan, as permitted by law, (Z) PIan does not include: hospital indemnity coverage or other fixed indemnity coverage; accident only coverage; specified disease or specifies accident coverage; limited benefit health coverage, as defined by state law; school accident type coverage; beneft#s far non-medical components of lang~term care policies; Medicare supplement policies; Medicare or any other federal governmental plans, unless permitted by law, leach contract for coverage under tl) or 42) is a separate plan. Yf a plan has two parts and COB rules apply only to one of the two, each of tt-e parts is treated as a separate Plan. Each contract or other arrangement for coverage under 2(a) and (b) is a separate plan. If an arrangement has two parts and COB rules apply only to one of the two, each part is a separate plan. b, "This Plan" is the part of this group contract that provides benefits for health care expenses. e. "Primary P1an~Secondary Plan" the order of benefit determination rules state whether This Plan is a Primary Plan or Secondary Plan as to another plan covering the person. when This Flan is a Primary Plan, its benefits are determined before those afthe oftier plan and wout considering the other plan's benefits. when This Plan is a Secondary Plan, its benefits are deternriincd after those of the other plan and may be reduced because of the other plan's benefits, when there are mare than two plans covering the person, This Plan may be a Primary Plan as to one or more other plans and may be a Secondary Plan as to a different plan or plans, d. "Allowable Expense'' means a necessary, reasonable, and customary item of expanse for health care when the item of expense is covered by this plan. I~awever, This Plan is not required to pay for an item, service, or benefit .which is not a part of This Plan's contract. when a plan provides benefits in the form of services, the reasonable cash value of each service rendered will be considered both an allowable expense and benefit paid. 3. Urder of Benefit Determination Rules e, when there is a basis for a claim under This Plan and another plan, This Plan is a Secondary Plan whose benefits are determined after those of the other plan, unless: (1} The other plan has rules coordinating its benef is with those of This Plan; and ~Z) Both those rules and this plan's rules, in subsection (b) below, require that this plan's benefits be determined before those of the other plan. b. 'his Flan determines iks order afbenefits using the first of the following rules which applies: ~i} The benefits of the plan which covers the person as an employee, member, insured, or subscriber (that is, other than as a dependent) are determined before those ofthe plan which covers the person as a dependent; except that; if the person is also a Medicare beneficiary, and as a result of the rule established by Title XVIII of the Social Security Act and implementing regulations, Medicare is a. Secondary to the plan covering the person as a dependent and b, Primary to the plan covering the person as other than a dependent (for example, a retired employee). (2} Benefits for a dependent child whose parents are not separated or divorced shall be determined as follows: a. The benefits of the lan afthe anent whose birthday falls earlier in a year are determined before those of p ~ li later in that ear' but the plan of the parent whose birthday fa s y b. rf both parents have the same birthday, the benefits of the plan which r~avered one parent longer are determined before those of the plan which has covered the other parent for a shorter period of time. Pa a 12 1:IUadavvritinglCaMr~cts~Deltn Dental Group eontred pages 3.16 s-14,docx DD! {stoup Cankn~a paga3•Ib 0710 g [, DELTA DENTAL DEt.TA DENTAL Q~ IDAHO However, ifthe other plan does not have the rules described in (a~ above, but instead has a rule based u o the gender of the parent, and if, as a result, the laps do not p n plan will determine the order of benefi p agree on the order of benefits, the rule in the other ts. (3} Benefits far a dependent child whose parents are divorced or legally separated shall be determined as follows To the extent the plan has been notified by receiving a copy of the court decree; • a. If the specific terms of the court decree state that one of the parents is responsible for the health care expenses of the child, the benefits of the plan of that parent are determined first. The plan of the other parent shall be the Secondary PIan. b. If the specific terms of the court decree state that the parents shall share joint custody, without statin that one of the parents is responsible for the health care expenses of the child the fans roverin the chi g shall be subject to the order of benefit determination can 'n ~ ~ • p g ld tai ed m subdiv>Is~an b (2) of this section. If neither subparagraph (a) nor (b}applies, the order of benefits shall be determined in the following order; (a} The plan of the parent with primary legal custody of the child; (b} The plan of the spouse of the parent with the primary legal custody of the child; (c} The plan of the parent riot having primary legal custody of the child; and (d} The plan of the spouse of the parent not having primary legal custody of the child, (4} The benefits of a plan which covers a person as an employee who is neither laid off nor retired (ar as that employee s dependent) are detenatned before the benefits of a plan which covers that person as a laid off or retired ernpIayee (or as that employee's dependent}. If the other plan does not have this rule, and if, as a result, the plans do not agree on the order of benefits, this paragraph shall be ignored. (5} Continuation Coverage. If a person whose coverage is provided under a right of continuation pursuant to federal law (i,e., COBRA) or state law also is covered under another plan, the benefits of the plan covering the person as employee, member, or subscn'ber (or that person's dependent} shall be determined before the benefits under the coatiauation coverage. If the other plan does not have this rule and if, as a result, the plans do not agree on the order of benef its, this paragraph shall be ignored. (6} Longer~shorter length of coverage. If none of the above rules determines the order of benefits, the benefits of the plan which covered an employee, member, or subscriber longer are determined before those of the plan which covered that person for the shorter term. d. Effect on the $enet3ts of This Pian a, This section applies when, in accordance with section "Order of Benefit Determines Rules," This Plan is a Secondary Plan as to one or mare other plans. In that evont, the benefits of This Plan may be reduced under this section, Such other plan ar plans are referred to as "the other plans" in b below, b. Reduction in This Plan's benefits, The benefits of This Plan will be reduced to the extent that the sum of: (1} The benefits that would be payable for the allowable expense under This Plan in the absence ofthis COB provision; and The benefits that would be payable for the allowable expenses under the other plans,. in the absence of provisions with a purpose like that of this COB provision, whether or not claim is made, exceeds those allowable expenses. ~~ Right to Receive and Relea9e Needed Information Certain facts are needed to apply these COB rule, Delta Dental has the right to decide which facts it needs. It may get needed facts from or give them to any other organization or person, Delta Dental need not tell. or get the consent of, DDZ Croup CoMratl pagts3.16 070 1?age l ~ I;lUnden+KitinglContriclslDeit~ Dtmal Gra,p Conlrac! pegsa 3-16 8-I o,ao~ G~ DELTA DENTAL DELTA DENTAL OF IDAHO an erson to do this. Each person claiming benefits under'I~is Plan must give Delta Dental any facts it needs to pay Yp the claim, 6. Facility of Payment A a ent made under another plan may include an amount which sltauld have been paid under This Plan. If it does, p ~ That amount will then be treated as Delta Dental may pay that amount to the organization which made that payment. ~ The term " a ent though it were a benefit paid under This Plan. Delta Dental wilt not have to pay that amount again. p ~ lue made" includes providing benefits in the form of services, in which case "payment made" means reasonable cash va of the benefits provided in the form of services. 7, Might of Recovery If the amount of the payments made by Delta Dental is mare than it should have paid under this COB provision, it may recover the excess from one or more of: a, The persons it has paid or for whoin it has paid; b. Another plan; or c. The provider of service. The "amount afthe payments made" includes the reasonable cash value of any benefits provided in the form of services. Section VIII. ~eaith Insurance ~ortab~tx`ty and Accountabrl' ~~~ As re uired b the administrative simplification mandates of HIPAA, codified at the Social Security Act (SSA) §§ 1171-1179 this Q y Section provides the protection of protected health information tFHI) to subscn`bers. A. HIPAA Pinal Standard Transactions and Code Set Rule. The final standard transactions and code set rule promulgated under HIPAA requires health care providers and health plans t4 use new national standards for certain electYOnic transfers of administrative and financial health care transactions. Delta Dental and the Contractor agree that by the final standard transactions and code set rule compliance date, each, to the extent reqult~ed, will +e~mply with the final standard ~nsaons and code set rule. Notwithstandingany provision of this Contract or ar~y arrange~-en~ con~mpla aY ~~ A~~~t ~' ~° contra ,the failure of Delta Dental or the Contractor to comply w'~ the final s~ tsac~io~ set, rule by the ry ftnal standard transactions and code set rule compliance date shall ,diva the c~her p the right to ~~'~ ~ Agream~nt following thirty (30}days' prior written notice. Public Law Io7 and .105 pxovid for a +~+e-y"~' extenstan of the date far coin 1 in with the final standard transactions and code set rule ~tt~ C3ctaber 1d, ~00'3~ fox arty cave~r~ad entl~ ~~ subm~ ~ ~e pY g Secret of Health and Human Services a plan of how the entity will come into cc-mpliat~ce with the requirements by ~lcta-b~r ary 16, 2oQ3. Delta Dental and the Contractor each acknowledge. anal agree thi~teither phctY may take advege ofsuch ~xtensxrn. B, HIPAA Final Privacy Rule. The final privacy rule promulgated under 1~IPAA imposes certain privacy requirements on the use and disclosure of "protected health information" by "covered entities" (as defined in the final privacy rule}, including a requirement that certain provisions must be included in contracts with "business associates" (as defined in the final privacy rule}. Contractor and Delta Dental acknowledge and agree that they have, or will, execute the Business Associate Agreement to satisfy the final privacy rule's requirement that they enter into a business associate agreement. C. Assignment and Delegation. Contractor acknowledges and agrees that certain services which Delta Dental is obligated to erform ursuant to this Contract may be delegated by Delta Dental, in Delta Dental's sole discretion, and performed by an p p affiliate of Delta Dental; provided, however, that Delta Dental ogees that such delegation will not relieve Delta Dental of any liabili for its obligations under this Contract, In the event that Delta Dental delegates any of its obligations hereunder to an tY affiliate, such affiliate shall be requured to execute a Business Associate Agreement so as to comply with the HIPAA final privacy rule. DDI Qroup Co~t~ad pega3•IG x710 page 14 1;1U~dervtritinglCaatsidstiDcita DGnte1 Groisp Conarict P~Bes 3•ib 8•Id,doac l~ DELTA DENTAL DELTA D~N?Ai, pE CDAF{0 S`ectiort IX. Terms artd Termination This Contract shall remain in full force and effect for the initial term and an accordance with this contract. Delta Dental shall have th y rc°e~'al term of this Contract as detorm~ned is e option of terminating this C©ntract if: A. The Contractor fails for more than 30 days to make ~ required payment; or B. Delta Dental elects to cancel pursuant to Section VI B 1 of this Contract; or C. The Contractor fails to furnish Delta Dental with accurate enrollment data pursuant to Section VI B ~• or D, The Contractor permits voluntary enrollment of Subscrjbers and/or their dependents when not ermined ursuant to this Contract; or p p E, If the grouF enrollment changes to less than three enrolled subscribers, Delta Dental may terminate the ou contract effective the first of the month following less than three enrolled subscribers, ~ p F. If Contractor elects to cancel this Contract dwing the original term or any renewal term thereof, Contractor shall; 1. pay to Delta Dental the dollar amount pf benefits paid by Delta Dental, or which benefits Delta Dental is obligated to a pursuant to this Contract, in excess of total rate payments p y a. made or required to be paid by Contractor to Delta Dental pursuant to the original contract term, through the effective date of cancellation, or, b. in the event the cancellation occurs during a renewal period of the original or subsequent renewals of a renewed contract, those amounts in excess of the total rate payments made or required to be made by Contractor during the past rolling twelve month period immediately prior to the effective date of cancellation. • a e. In addition thereto, Contractor shall pay an~amoant equal to twelve percent (1Z%) of the amounts required to be paid by Contractor pursuant to subparagraphs (1) ta) ar tb) hereof, as liquidated damages, to compensate Delta Dental for damages and costs resulting from the contract termination prior to the contract expiration date. ~. Contractor s111 be liable for all rate payment owing to. Delta Dental pursuant to this Contact, ar any renavval thereof, that remain uppeid .for eny portion of the contract period up to and including the date of ~ncellation, l+or the es of Section I7t p~ (~, ~- failure by the Contractor tv make a required rate payment pwsuant ~o this Contrapt for more than sixty X60) consecutive days past the due date as set forth ~n this Contract shall be deemed an election by the Contractor to cancel this Contract on the sixty-first (61st} day following the due date of such required rate payment, 3. Contractor shall also pay to Delta Dental its costs of collection of the amounts set forth hcrcin, including reasonable court costs and attorney fees. G, The Contractor refuses to allow Delta Dental (by Delta Dental auditors or other authorized representatives) to inspect rho Contractor's records t4 verify the accuracy of the eligible Subscriber and dependent list; or ~. The Contractor has otherwise breached this Contract. fn the event Contract is terminated for any of the preiag reasons, except for car~ellation by the Con~ctor as set forth in subp-ur~graph E herec-f, during the original term ordering arenew~lterm ofthe Contract- the Controt'shale be liab t le o I~e1ta Dental fc~r the rate payment through the date ofterrnnation The provisions ofsrib~a~ph ~ rll govern Contractor's obligations in the event of cancellation by the Contractor, d. Delta Dental may from time to tune provide additional services or benefits by rider or other notice, Those additional services or benefits may be withdrawn at any time afrer notice given by Delta Dental, uQi Group Ccntrut paga3-iG 8710 Page 15 I;1~nderwritinglContrauslDel~a Dental Group CaYtrott p~grs ]-l6 e•FO,doac DELTA DENTAL O~ IDAHO K. Any notice required or permitted to be given by Delta Dental will be considered given if in writing and personally delivered, emailed, or if in writing and deposited in the United States mail with postage prepaid, addressed to the Contractor, a Dentist, or Subscriber at the last address of record. This notice will be considered given when personally delivered, emailed or mailed. L. No agent has authority to change any part of this Contract. No changes to this Contract will be valid unless approved in writing by Delta Dental, M. If Delta Dental pays a claim for which another person or company is liable, Delta Dental has the right to recover its payment from the other person or company. N. The right of a Subscriber or Eligible Dependent to Covered Services pursuant to this agreement may not be transferred or assigned to other persons. Sectxan ~'..Renewat o,~Contract Delta Dental shall, not less than forty-five (45}days prior to any renewal date of this Contract, notify Contractor of any change in rates to be effective during the renewal term of this Contract. Contractor shall, not less than thirty {30}days prior to any renewal date, notify Delta Dental if Contractor elects not to renew said contract for a period of time equal to the Original Contract Term or equal to the term of the immediately preceding renewal term thereof, In the event that Contractor does not notify Delta Dental of its election not to renew this Contract, this Contract shall be deemed to have been renewed for a term equal to the immediately preceding Contract term and all terms and conditions of this Contract shall remain in full force and effect for the renewal term as specified in this paragraph, Provided however, the rates charged for the benefits provided hereunder shall be as set forth in Delta Rental's notice of chap a in rates, as provided herein, during the renewal term. All notices required pursuant to this paragraph shall g be in writing and delivered to the respective party not later than the times set forth herein for giving said notice. ACCEPTED: .. ACCEPTED: {CONTRACTOR} DEDTA DENTAL OP' IDAHO, INC. By• . President and Chief Executive Officer Date: July 3 I, 2012 ~y. ~~~~ Print Name• W ~r Date: C` 1'~1 ~ (q k ~~ ~ DDl Group Contras pages3-l6 4714 Page 16 1;lUnderwritinglCo~raaslDeiu Dente) Group Contract pages 3.16 8.14.docx Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 5R PROJECT NUMBER: ITEM TITLE: Water Easements with GGR, LLC, 2D, LLC, and Sparrowhawk Business Owners Association for Ca m p Bow Wow MEETING NOTES ~ PE ED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE; E-MAILED To STAFF SENT To AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~-~- IDAHO T0: Mayor Tammy de Weerd Members of the City Council FROM: Steve d'Brien DATE: 10/30/12 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Water Easement for Camp Bow Wow I. RECOMMENDED ACTION A. Move to: 1. A rove a new easement on three separate parcels for a water main that will pp serve Camp Bow Wow and future development. 2. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Director of Community Development Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Steve O'Brien, Development Analyst II Supervisor Approval __ Scott Steckline: nd Development Supervisor Page 1 of 1 489-1569 489-062 489-0369 489-0371 ,~ ADA COUNTY RECORDER Chrisbpher D. Rich AI~OUNT .00 BOISE lDAH011108112 12:13 PM DEPUTY Viciryballey ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ RECORDED-REQUEST OF 1121 ~?350 Meridlm City WATER MAIN EASEMENT 1 LLC the arties afthe firrst made this D da of ~ . 20 ~-between ZA, p THIS IlJDLNTtJR.E, ~, y part, and hereinafter called the Grantors, and the City of MeridiaQ, Ada County, Idaho, the party of the second part, and hereiaafter called the Grantee; wITI~SSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises ~d property hereinafter particularly bounded and described; and wHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connectto said pipeline from time to time by the Grantee; Now, TI-IEREFORE, in consideration of the benefits to be received by the Grantors, and other goad and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of-way for an easement for the construction, apera~ion, maintenance, repair, replacement of a water ,.•.,, main over and across the following described property. (SEE ATTACHED EXHI$IT A and E) The easement hereby granted is for the purpose of constraction and operation of a water line and their allied facilities, together with their tnaintenanc~ additional connection thereto, r~air and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times, TO HAVE AID TO HOLD, the said easement and right-of~way unto the said Grantees ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTaOD AND AGI}, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent properly to fat existent prior to undertaking such construction, repairs awl maintenance. Howevex, Grantee shall not be responsible for repairing, replacing ar restoring anything placed within the area described in this ~sement that was placed therein violation of this easement, THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any penoa.anent structures, trees, brush, or perennial shrubs or #lawers within the area described fox this easement, which would interfere with the use of said easeinenti for the purposes stated herein. TfIE GRANTORS hereby covenant and agree with the Granteethat shauidanypart oftheright-of- v~ay and easement hereby granted shall become part af, ar 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 nu11 and void and of no further effect and sha11 be completely relinquished. '~` water Main Easement Water Easement ~~D) THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever, IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written, G OR: Y ,~~ v/f\V/Y`~ W _ ' Dan Sweig Member 2D, LLC 2127 Overland Rd Boise, Idaho 83705 STATE OF IDAHO ) ss County of ~ ~ On this ~ ~ da of ~ ~ ~ ~ 20 2.- before me, the undersigned, a Notary Public in ~_ Y and for said State, personally appeared Dan Sweig, known or identified to me to be a Member of the Limited Liability Corporation that executed the within instrument, and acknowledged to me that such corporation executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written, ~,::; -~ ~~`~ ~ ,, ~; ~~~ ' .,~' ~ f ,t ,r, . e, ,~ NOT Y LIC FOR IDAHO Resid' gat ,~~e..- ~ ~ Commission Expires; ~~ .~ ~ '~` Water Main Easement Water Easement (2D) r ~, GRANTEE: CITY OP MERIDIAN Tammy eerd, Mayor o~,~~r~ ~u~~, ,a~ ~~~ .1 ~~ir fJl E ~D~AN hest aycee L. I~olrnan, City Clerk ~ ~o~NO ~~ ~ y Approved By City Council On; ~~ aye ~~'-- rle Tt~~ sTA~E of IDAHO } } ss County of Ada On this ~ `~"" da of 20 ~ before me the undersi ed, a Nota Y ~~ ~ ~ rY ~ Public in and for said State, personally appeared TAMMY ~E WEERD and rAYCEE L. hIOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of 1Vleridian executed the same. YN'~VITNESS V~'~REU~, Z have hereunto set ~y hand and affixed my official seal the day and year first above written, •~~ ~ +'~ ;~' . ~ ~ • ~ ~ ~ ~ ~~ r ~ ,a~ • ~, ~ ,,~ . ~ .~ ~ ,' ~+, ~i • ~ ~'~ f ~ -...• ~ ~. NOTARY PUBLIC FOIL ID,ANO Residing at. Commission Expir ~„ -~ ~ ~r - ~- 41 ~ ~''"''~, Watex Main Easement Water Easement (2D} .-~~. KESTREL LAND SURVEYING EXHIBIT A IEGAI DESCRIPTION FOR P1~BllC WATER EASEMENT "A" A 20 foot wide public water easement within a portion of lot 1Q, Block 1 of SparrowHawk Subdivision Na. 2, Boak 95, Page x.1621, records of Ada County, said subdivision being located in the Southwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, !dohs, said easement more particularly described as (allows; Commencing at the Northeast corner of said ~.ot 10, thence along the North fine of said lot 10, South 89°37'18" West a distance if 56.89 feet to the POINT` 0~ BEGINNING; Thence South QQ°22'42" East a distance af7,36feet to a point; Thence South 45°00'00" East a distance of 5428 feet to a point on the~Westerly line of an existing public utilities easement as shaven on the plat of said Sparrow Hawk Subdivision Na, 2; Thence along the Westerly line of saki easement South 00°00'00" West a distance of 21,97 feet to a point; Thence continuing along said Westerly line, South 45°00'00" West a distance of 4.47 feet to a point; ~ ~ , Thence leaving said Westerly line, North 45°00`00" West a distance of 78.03 feet to a point; Thence North 00°22'42" West a distance of 15.57 feet to a point an the Northerly line of said lot 10; Thence slang said Northerly line, North 89°37'18" East a distance of 20,00 feet to the point of beginning. Said easement containing 1,587 square fleet, more or less End Description Project No,12.123 Prepared October 3, 2012 16?4 W. Flllt Rd., ~8, Bolse, !D 83?02 (~48) 888-?34S phone • (ZABJ 888.7354 fox Kestrelsurvey. com ~+''""~ . t0 iii w d N ~~ N4 ~~ h ~w t" o '` 4m h W { WW ~~ Q ,~ ~~ ~ ~ pW °m ^ o N+ ~ Q ~R a ~~ , ~ (~ , ~~ I. b ~=~ Z ~ ~~~ oao "~ o W ~4~ ~Q ~ ~ ~ ~ ~ ~ ~ 4 ~4~ ~ d ~ ~~~ 3 Q~a ~~~ ~~ ~~ Q~ . ~ ~~ ~ ~ ~~ ~~ o~ ~~ ~ ~y J h+ Q ~~ QU `' o . , W 0. 2 O 4 W vj ~ ~ °w ~` z~ Z ~~ ~ ~ ~ ~w ~ a ~ '~ I I I I ~ . 0 N 0 O , S /Q ~' ~ ~ N ~ ~~ 0 '~ J 4 4 (Q 4 J ~a 4 WcGt`hhhCa UM~~tf'1C3 ~hNd'~N o ~ W~~:~rW ~ ~ ~ : a a t a ~' Q z~ ~~ > °- ~m Q °° ~~ z ~o N y J Q ~O Itj ~ J dN' ~OQ / ~ ~w~~JJA A N~ NOONt '~ ~ ~ Z -bou~bcn ' o ~oa~roo~ p~ ~, aacncncn~z ~ , ~ a ~ ~ ~ V W / W Z~""~~JJ~d'~ ~/ ~..JJ..JJJ / ~ , ~ i/ 4 / ~ ~ J / ~ / / ~ ~, ~ / ~ j ~ ~ . ao ~~.. ~ ~ ~ +~ ~ o ~ ;~ i0 / ~/ Qb 0 ~ cn ~ ~~ . ~ ~ ~~~~o~ ~~ _. ~ ~1~ ~ r _ ~ / ~. `~ L _ _ _ .,.~ ~ ~ ~`, L4 ~ ~ ~ Q `~~ W ~ ~~ ~, N ~ ~ ~~ ~,,'"~, ApA COUNTY RECORDER Christopher d. Rich Ak10UNT .00 E 801SE IDAH01iI081i2 12:13 PM DEPUfY dry B~ley l1) UIIIIIIIIIIIIfIlIIIIIIllIIllIl111 RECORDEQ-REQU~T OP 112 i 17351 Merldlan Cily WATER 1VJ[AIN EASENiE~T1 T[JRE made this ~ da of ~~~~ ~ ' ~0 between GGR ~C, the parties of the TARS 1~tDEN ~ y ~~ first part, and hereinafter called the Grantors, and the City of meridian, Ada County, Idaho, the party of the second party and hereinafter called the Grantee; wI7'I~ESSE'T.H: WHEREAS, the Grantors desire to provide a water main right-of way acxoss the premises and property hereinafter particularly bounded and described; and wHEREA,S, the water main is to be provided for through an underground pipeline to be constructed by others; and 'WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good andvaluable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright- of~way far an easement for the construuction, operation, maintenance, repair, replacement of a water ~ main over and across the following described property: ~sEE ATTACHED SIT A and ~} The easement hereby granted is for the purpose of construction sad operation of a water line and then silted facilities, together wide their maintenance, additional connection thereto, 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 sand easement and right~of-wayunto the said Glaatee, if s successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREIJD, by and between the parties hereto, that after constru~cdon, making repairs, performing other maintenance ox making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construcctiion, repairs and maint~ance. However, Grantee shall not be responsible for repairi~ag, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will riot place or allow to be placed any permanent structures, trees, brash, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part oftheright-of way and easement hereby granted shall becorne part of, or lie within the boundaries of any public street, then, to such extent, such right-af-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null az~d void and of no further erect and shall be completely relinquished, '~` Watex Main Easement V~ater Easement ~GGR} .` THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNES S WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written, .~ GRANTO ; Ro art ,Runyan Member GGR LLC PO Box 2579 Eagle, Idaho 83616 STATE OF IDAHO ss County of On this day of 20 before me, the undersigned, a Notary Public in and for said State, personally appeared Robert F.Runyan, known or identified to me to be a Member of the Limited Liability Company that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. .~ (SEAL) STEPHANIE l STORKAN Notary PubNc State of Idaho ~10TARY~PtI~EI Residing at Commission Expires; -~ ~~~~~. '~ water Main Easement Water Easement (GGR) GRANTEE: CITY OF MERIDIAN 4p~~~~~A U~~sr Tammy d eerd, Mayor 4 r.~ ~ ~~ Oily of ~ ~~~~~ ' ~ IflANO Attest b ycee L. Holman, City Clerk ~~ ~~ ~~ ~~ y .~j, ya A. roved B Ci Council On: ~~ T ~ ~ ~9 ~~-- PP Y tY STATE OF IDAHO } ss County of Ada ) -t~,,, On this ~ day of , 20,~ ~, before me, the unde~s~gned, a ~Iatary ,,,,~ Public in and for said State, personally appeared TAMMY DE wEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instru~ent, and acknowledged to me that the City of Meridian executed the same. IN WITNESS wI~REOF, Y have hereunto set my hand and affixed my official seal the day and year first above written. ••''~• ~ ~ ~+ ~ •~ ~. ~ ~ i ~ + '~ r ~ ~ i • ~ s ~ i • ~ ' ~ ~~ ~~ ~~ ~~ ~~~~'d~ Q~ ~+~ NOTARY' PUBLIC FOR IDAHO Residing at: j Commission Exp s. ~~- ~-~ ~- ~~ 1 ~~ 'V~ater Main Easement water ~nsement (GCrR} KESTREL LAND SURVEYING EXHIBIT A LECAi. DESCRIPTION FOR PUBLIC WATER EASEMENT "C" . A 20 foot wide public wafter easement within a portion of Lot 4, block 1 of Sparrowhauvk Subdivision No, 2, Book 95, Page 11621, records ofAda County, said subdivision being located in the Southwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of . Meridian, Ada County, Idaho, said easement more particularly described as fellows; Commencing at the Northeast corner of Lat 14, Block ~. of said Subdivision, thence along the North line of said Lot 1Q, South 89°37'x.8" West a distance~of 5fi.B9feetta a point; thence leaving said North line, North CO°22'42" West a distance of 35,80 feet to a point of the South line . of said Lot 4, the PUiNT QF gEGiNNING; ,~ Thence Tong said South line, South 89°37'18" vUest a distance of 20.Q4 feet to a point; . ~ Thence leaving said South line, North BO°22'44" West a distance of 24,04 feet to a point; , Thence North 89°37'18" East a distance of 20,44 feet to a point; Thence South QO°22'42" East a distance of 24.00 feet to the point.of beginning. Said easement containing 480 square feet, more or less End Description Project No.12-123 .. Prepared October 3, 202 267'4 W. N!1! Rd., ~6, Balse, !D 83742 (zo8j 888.7345 phone - (208J 888-735a fax Kes~relsurvey,com f ` tp ~f~ w Q ~" ~~ °' T- ~ ~ ~ . ~~ 0 ^~ wW c~ ~ o~ o A ~~ ac w ~~ °° w z N" ~ `~ ~4 a ~v Cj ~ ~ ~ ~. ~ ~ ~ ~~~ ' ~ ~~ ~~o w ~ a_ ~ ~r w YJ ", ~ ~ ~ aw ~ ~ , ~ ~ ~ (~ Q, ~ ~fi~ ~ W V I, 0. ~ i U p ~ ~ ' ~ '~~ ~~ w ~ 11~ ` 1 ~ J (L~ Z~ q~ ~q U~ OQ w O ~ J ~ ~ ~ 0. ~ ~ ~ ~ ~. ~ J o ~ w ~ w~ Q ~~ ~ ~ v ~~ o ~ 4~ ~ti w ~ ~ ~w ~, . ~ ~ ~ ~ I 0 N t1 O S rj t} N ~ 0 ~~ ~ 0 v~ 0 w 1~ U O V II' ;~ R N.. f ~ ~ ~ • ~ w r ', ~ ~i M ~ ~ ~ / M ~ ° tQ ~ -~ ~ z ~ ~ l ~ ~ ~ . _ ~ / ..,. ~ ,,,, " , ~1 4 !~. a / "~ ~\ t~ ~ W `` ro~ ~~ w ~~ ~~ w~ z~ w° >°~ ~ ~~ ~~~ Q ~ -. z ~o ~. W S co ^ r'~'~, ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 t ' ~ DEPUTYAVickY Ba8;12 12:13 PM ~~ RE~RAED-REQ~~~T OF NI IIIlI~I1IfIIIN1IIIIlIIIIIII I I I11 ~ ' Hleridian City i 121173 2 WATER MAIN ~EA Et1~~T THIS INDENTURE, made this. day of ~ 20,~between Sgarrowhawk ~usineas Gwners Association, Inc., the patties of the first part, and hereinafter called the Grantors, aad the City of A+Ieridian, Ada County, Idaho, the party of the second part, and hereinafter Called the Grantee; WITNESSETH: ~UHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter parfiic~ularly bounded and described; and WHEREAS, the water main is tv be provided for through an undergrouad pipeline to 6e constructed by others; and VUHERE.~4-S, i# will be necessary to maintain, service and subsequently canned to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, aad othex good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grrat~tee tie ri$ht- of~way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: tSEE ATTACHED EDIT A and B) The easement hereby granted is for the purpose of canstrucction and operation of a water line and their allied facilities, together with their maintenance, additional connectionthereto,repair and repla~oement 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 saideasementandright-of-wayunto the said Grantee, ifs successors and assigns forever, 1T YS EXPRESSLY UNDERSTOOD ANb AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent comrection to the water line, Grantee shall restore the area of the easement and adjacent properly to that existent prior to undertaking such construction, rel~irs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring arryythitag placed within the area described in this easement that was placed there in violation of this easetr-ent. THE GRANTORS hereby covenant and agree that they will not place ar allow to be placed any permanent strac~ures, trees, brush, or perennial shrubs yr flowers within the area described for this ease'lnent, which would interfere with the use of said easement, far the pwpases stated herein. THE GRANTURS hereby covenant and agree with the Grantee that should any part oftheright-af- way and easement hereby granted shall become part of, ox 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 compXetely relinquished, Water Main Easement Water Easement t~B~A) ~, THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN V~~ITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. R' Barry 3ones~ President Sparrowhawk Business 2127 Overland Rd Boise, Idaho 83705 STATE OF IDAHO ) y~ ss County of t'[ ~~ ) Association, Inc, ,~,,U'`r` b , On th~s_ ~___, day of .; .1'~ 20 ~ before me, the undersigned, a Notary Pu lic in and for said State, personally appeared Barry Jones, known or identified to me to be the President of the Corporation that executed the within instrument, and acknowledged to me that such corporation executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~,r,,,,..r~"''' SEAL) NOTARY PUBLIC F R IDAHO Residing at ~ ~ Commission Expires; TA-IV~A-RA SCOTT Notary Public state of Idaho Water Main Easement Water Easement (SBOA} r ~ 1 ~r~ GRANTEE: CITY OF MERIDIAN ~~ Tammy eerd, Mayor ~~~~~~v~~~r G~~ ~'Do ~ ~ Cit'y(of r ~D~AN NANO Attest aycee L. dolman, City Clerk f 'r'"te" "'" Vy~ d Approved By City Council On: r`~ ~~~~ STATE OF IDAHO ) bl } ss County of Ada } . .~ On this ~ da of Zd ~ ~- before me the undersx ne a No Y ..~ ~ g ~ Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLIMAN, Dawn to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed ~e v~ithin instrument, and acknowledged to me that the City of .Meridian executed the same. IN WTI.~NESS WI~EREC~F, I have hereunto set my hand and affixed my of ~icial seal the day and year first above Written, '~~~~~ ~~ ~~ ,'~Q~~~~+~'~~ +ii • r ~ t~A • ~ ~ ~ • • f ~ ~ ~ r~ ~ ~ r • YJ 1 ~ ~ t • 1 1 f y 11 ~~ ~,' ~~.~~~~~ dater Main Easement ~, NOTARY PUBLIC FOR NANO Residing at; Commission Exp es:_,~_~-~ ~' ~~~ ~ Water Easement (SBOA) KGSTRELLAND SURVEYING ExHISITA LEGAL, DE5CRIPTION FOR PUBLIC WATER EASEMENT "8" A 20 foot wide public water easement within a portion of lat S, Block ~. of Sparrowhawk , Subdivision Na. 2, Book 95, Page 11G21, records of Ada County, said subdivision being located in the Southwest Quarter of Section 8, Township 3 North, Range 1 East, 6oise Meridian, City of Meridian, Ada County, Idaho, said easement more particularly described as follows: Commencing at the Northeast corner of said lot 10, thence along the South line of said lot 5, South 89°37'18" West a distance if 5fi.89 feet to the POINT OF 6EGINNING; Thence Continuing along said South line, South 89°37'18" West a distance of 2000 feet to . a point' ' Thence leavingsaid South line, North 00°22'44" West a distance of 35,OOfeet to a point on the North line of said lot 5; . Thence along said North line, North 80°37'8" East a.distance Qf 24,00 feet to a paint; Thence leaving said North line; South 00°22'42" East a distance of 35,OQ feet~the point of beginning, Said easement containing 7Ua square feet, mare or less ' End Description Project No. ~.2~~,23 Prepared Qctober 3, 2a~,2 ~ 1674 IN, N!!! Rd,, ~6, 8alse,lD 83702 (208j 888-7345 phone - (2p8j 888.7354 fax tlestrelsurvey,com W e z 0 ~J 's~ ~s,~ d OR ~ ~ ~"` ~ ~ ~ ~, 0~6/~ ~~ ts. ~- Q ~ w ~ "N ~' ~ ~ ~' ~ ~ ~ ~ ~~ ~ ~ ~, y ~ ~o ,~ 0 ~ ~ ~~ w ~a Q ~ "'~' ` ~ J ~ ~ h ~OOC3o ~aQaa ~N~N~ ~_ d w~ww as ~ a~ Chl,~f~ N z M M N cnv~o ~ODOoOo ,~ ~dO ~ p, a1(nZZN ~~~ O ~ a V '`. ~ ~ W NN ~ ~'`wV ~ ~ ~ JJJJJ !, p, ~ 4 ~ I W ~ (~ C~ ~ ~ ~ ~ ,~~ ~~ ~. ~ ~ ~'~ 0 ~ ~ ~ ,' m ,~ w U ..__ ~ ~ o ~~ ~ ~ ~ ~ o ~ ~ ~~ ~ 0 ~ J 4q,' ~ ~ ~ / `~ U ~ ~ ~ ~ `~` b ~ ~ ~ U l.4 ~ `~ a r~ ~~ r ~ i ~ t I' Q ~ 0 .. ~ ~ p ~ 4 O D A ~ ~ ~ ~ ~ ~ D ~ ~ ~, ~ ~ ~ w ~ o ~ ~~ ~~ i p ~ ~ ~ o~ ~ ~ ~ V o 4 ~ 4 ~ N~ ~. J ~ w w I ~~ ,.. ~, ...., , WW 0 ~ '~ ~. ~~ ~ ~ ~tl ~* I . ~~~ ry`~~ ~ rn V ~ ~ ("wh ` ~ ~ ~~ J ~~~~ S~ ~m~~ W ~4 , W ~~ .~ ~ ~' ~ ~ ~ ~ N a M ~~ / ~ . Z1 m ~ Q~, ~ Zw ~ ~~ ~~ . 0 ~ ~ W~ Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER• 5S PROJECT NUMBER• ITEM TITLE: Field Services Agreement Between the Idaho Power Com an and the Cit of p Y y Meridian Regarding Moving and Setting of the Christmas Tree at Generations Plaza for the 2012 Holiday Festivities MEETING NOTES u~' APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~'~ `P~~INER® Fiel ' d Services A reeme g nt An IDACORP Company Customer Name and Address: Cit of Meridian Date: 33 E. Broadway Ave., Ste. 206 Meridian, ID 83642 CCIN #: 10/31/12 Customer authorizes Idaho Power Company to provide all materials a ui specified below (the "Work" . The W ~ q pment, labor and services to complete the Work ork is governed by this Field Services Agreement and no other un regarding the Work, unless they are in writin and si ned b both C derstandings g g y ustomer and the Company, shall apply. Description of the Work: Setting of Christmas Tree for the City of Meridian. Customer will be invoiced based upon actual charges at the completion of the project. Start Date: 11/07/12 Completion Date: 11/30/12 Compensation (check either Lump Sum Price or Unit Prices ^ Lump Sum Price: ~ Unit Prices (include estimated quantities and estimated amount ~~ Company will invoice customer for all labor, vehicles, equipment, and materials used for this project and Customer agrees to pay Company in full within thirty (30) days of receipt of invoice. CUSTOMER CITY OF MERIDIAN ~~° `d V' Signature o~~ ~ ~~ ^~ ~~ ~~ °~ City a~ Printed Name ignor ~~ ~~~~~~ ~, s~~~o Title of Signor ~ ~~ ~~~ ~~°~f~e T~F~~~~~y ~ /~-- Date Original-Customer COMPANY IDAHO POWER COMPANY ' _ l`'~~`~`L~ Signature I ._.../.~''~. Printed Name of Signor Title of Signor .~~ / ~ Date One Copy-Company IPC Field Services Agreement LGL 117 (7/6/09) Page 1 of 2 FIELD SERVICES AGREEMENT TERMS AND coNDlTrofvs INDEPENDENT CONTRACTOR: Company agrees to perform the Work pursuant to the Agreement as an Independent contractor and not as Joint venturer, partner, subcontractor, agent or employee of Customer. Company reserves the right to determine the method, manner, and means by which the Work shall be performed. WARRANTY AND LIMITATION OF LIABILITY: Company warrants to Gustomer that the Work provided hereunderwill be performed by qualified personnel and consistent with prudent utility practices. Company agrees to correct any deficiencies resulting from Its negligent performance of the Work, which are discovered and reported to Company within thirty (30}days from the date of completion of the negligent Work. Notwithstanding any other provisions in this Agreement, including but not limited Co the "Indemnlflcation" proviston set forth herein, in no event shall Company be liable for the indirect, Incidental, or consequential damages for ant(cipated profits or revenue of Customer and claims by Customer's customers resulting from power interruptions. Company's total cumulative Ilabillry for claims of any kind, whether based an contract, tort (including negligence or strict liability), warranty or otherwise, for any loss or damage relating to performance of Work under this Agreement shall not exceed the total amount due under this Agreement by Customer to Company. DELAYS: Company shall not be Ilable for delays in performance of the Work due to strike, ftre, unusual weather conditions, riot, act of God, act of public enemy, acts of Customer, or other siml(ar unforeseeable causes beyond the control and without the fault or negligence of Company. If such delay causes an increase in the cost of or the time required for the performance of this Agreement, an equitable adjustment in such provisions shall be made and this Agreement modified it Writing accordingly. Customer reserves the right to bring in outside crews in the case of major delays. CONFIDENTIAL INFORMATION: Each Party will hold and will cause its officers, employees and other representatives to hold in strict confidence, unless compelled to disclose by judicial or administrative process (as to which It will g(ve the other Party notice and en opportunity to contest disclosure}, or, in the opinion of ceunsel, by other requirements of law, all documents and information concerning the other Party furnished to it and its representatives in connection with this Agreement (except to the extent that such information can be shown to have been (i} in the public domain through no fault of the disclosing Party or its representatives or (ii) later lawfully acquired from other sources, which acquisition can be demonstrated in writing, unless it or its representatives know (or reasonably should know) that such other sources are not entitled to disclose such information} and will not use such information or release or disclose such infom7ation to any other person, except as necessary in connection with the performance of this Agreement, provided that such person will have first been advised of the confidentiality provisions of this Agreement. NEGOTIATED SETTLEMENT: Except as may be expressly provided elsewhere in this Agreement, any dispute arising out of or in connection with this Agreement or its performance, including but not limited to its validity, construction, or enforcement shall, to the extent possible, be settled amicably by negotiation between the Parties represented by management of each party, prior to either party taking legal action. Both Company and Customer agree to make good faith efforts to resolve any dispute under the Agreement as provided in this paragraph. Negotiations and meetings conducted pursuant to this paragraph shall be confidential and shall be treated as compromise and settlement discussions not admissible In any legal proceeding involving this Agreement, in accordance with state and federal Rules of Evidence. INDEMNIFICATION: Each party agrees to protect, defend, indemnify and hold harmless the other Party, its officers, directors, and employees against and from any and all liability, costs, and expenses of any nature, including court costs and attorney's fees resulting from suits, damage claims, and other actions brought by third parties, even if such suits or claims are completely groundless, which arise as a result of Injury to or death of any person or destruction, by loss or damage to property occurring in connection with or related to, this Agreement, but only to the extent such injury to or death of any person or destruction, loss or damage to property is not due to the negligence of such other Parry, provided, however that each Party shall be solely responsible for Gaims of and payment to its employees for injuries occurring in connection with their employment or arising out of any workers compensation law. TERMINATION: Either Party may, at Its option, terminate this Agreement, in whale or in part, at any time during performance of and prior to completion of the Work, whether or not the other Parry is in default, Upon any such termination, Customer shall pay Company for all Work already completed by Company. In addition, Customer shall reimburse Company the Company's reasonable expenses for winding down the Work, including the cost of any materials purchased and related to the performance of this Agreement. Company shall deliver to Customer any material purchased under this proviston. MISCELLANEOUS: Neither Party shall transfer or assign its duties under this Agreement without written consent of the other Party, which consent shall not be unreasonably withheld. In addition, neither Party shall subcontract any of their duties or obligations under this Agreement to any third party or entity, other than in the ordinary course of the transferring Parry's business, without the written consent of the other Party. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. During performance under this Agreement, Company agrees to comply with all applicable equal employment opportunity, small business, and affirmative action laws and regulations to which Company is subject. This Agreement shah constitute the entire agreement between the Parties regarding the subject matter hereof. No other agreements, representations, or warranties, oral or written, purportedly agreed to by either Party, shall be deemed to be binding with respect to the subject matter hereof. This Agreement may only be modified by written agreement duly signed by bosh Parties. Any provision of this Agreement prohibited or rendered unenforceable by local, state, or federal law shall be ineffective only to the extent of such prohibition or unenforceabiliry without invalidating the remaining provisions of this Agreement. IPC Field Services Agreement LGL 117 (7/6/09) Page 2 of 2 Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER• 5T PROJECT NUMBER: ITEM TITLE: Approval of Agreements with City of Meridian Do licensin Desi nees: g g g • finder Pet Medical Care; l 785 W. Cherry Lane, Meridian • Idaho Humane Society; 4775 Dorman Street, Boise • Treasure Valley Vet; 2600 S. Meridian Road, Meridian • Pet Care Clinic;1151 E. Fairview Avenue, Meridian • Intermountain Pet; 800 W. overland Road, Meridian • Meridian Vet; 415 W. Franklin Road, Meridian • Settlers Park Vet; 3220 N. Meridian Road, Meridian MEETING NOTES Community ItemlPresentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ^ ~~E IDIAN~- IDANO DIIG LYGENSING DESIGNEE AGREElVIENT This DEG LICENSING DESIGNEE AG~EE~IENT is made this da of . ,, Y 2412, by and between the City oaf 1Vler~dian, a municipal corparat~on ar aruzed under g the lags of the State of Idaho, elr~aftex referre to as "CITY " ~~ East Broadwa Avenu Me ' ' ~ e' rldian, Idaho 83~~2, and ,hereinafter eferred a as "LICENSING DESIG~tEE,"Whose usiness address is ~~ ~ ~ ~~ r-~ ~~ ~ ~ ~ ~ A. Pur~ase of Agreement: The purpose of this ,Agreement is to set forth the ri hts and . ~ obligations of CITY and of LICENSING DESIGNEE with reference to LICENSI111G DESIGNEE'S 1ssuaiace of dog licenses on CITY'S behalf. B enterin into this a reement Y g g , bath parties seek to: l }encourage and facilitate the licensin of all do s within the Ci of .. g g ~ 1~Ieridian; and 2}implement the provisions of 1Vleridian Ci Code section 6-~-3 H . ~ ~~ .~. Tirn a of ~erfarman ce: This agreement shall beeffective from Jams i ~O 13 to Decem~b ~y , er 31, 2a13. ^~ C. Desigaation of authority: CITY hereby authorizes end em ownes LICENSING 1'~ESIGNE . p E to issue dog licenses on behalf of CITY in accordance with all a lxcable rovisions of .. pp p Meridian City Code. D. llespansibilities of LYCENSING DESIGNEE: 1. Issua~~ace of dog licenses: LICENSING DESIGNEE shall issue da licenses onl ~.fter .. g Y verification of compliance with all provisions of Meridian Ci Cade section ~-~-3 . tY including, bnt not bated to: a. Verif ication that any dog to be licensed has a valial rabies vaccination xn accordance with 1Vleridian City Code section ~-2-~ ~D}. b. Veri~.cation th~.t the owner of any dog to be licensed is ell ible for the license fee g sought to be paid, i. e., whe~.er dog to be licensed iS neutered or s a ed~ whether do pY g av~ner/user is ~visu~.ly or Dearing impaired or disable.; whether da ~a~vner is trams g g such dog as seeing eye, hearing ear, or ,guide dog; andlor whether re lacenr~ent license . ~. tag will indeed replace validly issued, last tag., c. Collection of appropriate license fee. Doo LICENSING DESIGNE~,~,G[~EMENT ^ PACE ~ ~F b Z. official lag: LICENSING DESIGNEE shall kee an o . ~, p fficlal, monthly, written log of ail dog licenses issued by LICENSING DESIGNEE on the f orm provided herewith entitled, "MONTHLY LGG - DGG LICENSES ISSCIED EY LrCE NSING DESIGNEE. [MGNTH & YEAR]" ~hereirzane~ "rnonthl la '' . If suc ' y g) h form 1s lost or rendered unusable for any reason whatsoever, LICENSIl~TG DESIGNEE m ' ust keep a written record including: the serial numbers of the do license to s ravi ' g g ~ ded by CITY for Issuance by LICENSING DESIGNEE and shall also contain the followin ' ' g information as to each dog license issued by LICENSING DESIGNEE: a. date ~f issuance; ~. dog license tag serial number; c. amount of license fee collected; d. amount of admiuis~rative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating d~ owner's coin liance wit g p hall ~ provisions of Meridian City Code section ~-~-~; and h. verification of eligibility of dog owner to a license fee sou t to be . P Y gki paid. 3. Admanastra#ive fee; CITY hereby authorizes LICENSING DESIGNEE to co llect and keep an administrative fee of ten pexcent ~l a4/Q) of the amount of each do lice g nse fee collected on CITY's behalf. LICENSING DESIGNEE shall kee a xeco:~d of ' .. • p dog license fees collected and administrative fees retained and shall re ort same to CITY in i P is annual report, 4. Monthly submission to City ~;lerk: At the end of each menth duxln the t ' g erm of this Agreement, LICENSING DESIGNEE shall subrnit to the Meridian Ci Cle~k• tY • a. All dog license fees collected by LICENSING DESIGNEE on CZTY's behalf• , and b. A true and correct copy ofthe LICENSING DESIGNEE's rnonthl to com ' y g, pleted in full, Such fees and log shall be submitted to the Meridian Ci Cleric ~o Iatex than the fi~eenth 15th} day of the mon#h foilo~ring the m,onti~ far v~hich the feos were collected and the monthly log completed. I~oG L1CEi~ISING DESIGNEE AGREEM~~1~' ^ WAGE 2 ~F ~ ~ 5. Aun 1 ua submission #o Ci#y Clerk:llTo later than Jams 1 S 2 , , , ary ~I3, LICENSING DESIGNEE shall submit to the llrlendlan C1 Clerk a. All dag license tags provided by CYT'Y' to LICENSING D • ESIGNEE but unissued by LICENSINGx DESIGNEE; and b. An annual report, by completin in full the form r i . g p ov ded herewith entitled, "ANNUAL REI~t~RT - DEG LICENSES ISSUED BY LIC ~~ ENSING DESIGNEE. b. Remission of discrepancy; If, fvllawin the Meridian ' g City Clerk s monthly andlor annual review and accounting of LICENSTNG DESIGNEE'S zssu ' once of dog licenses as set forth in sections E~2} and E~3} of this A eenaent the Meridia . ~' n City Clerk notifies LICENSING DESIGNEE of a discrepant in fees collected and Y data reported by LICENSING DESIGNEE itl the log or uant~ of unissued to q tY gs, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discr epancy. LICENSING DESIGNEE'S obligation to re~uit to CITY funds in an amount come ' spondmg to the number and type of dog licenses issued and the number of unissued ' dog license tags returned to CITY shall not be excused for any reason, re ardless of LICENS ~ ING DESIGNEE s assertion of loss, they, mis lacernent mistake or mis p s management of fees, tags, andlor data. ~, responsibilities of CITY: 1, ~r4visian of dog license tags: CITY shall rovide to LICENS P ING DESIGNEE Quantity dog license tags with the following serial numbers: .~ which dog license to s are to be issued b LICE g y NSING DESIGNEE only upon LICENSING DESIGNEE'S veri~catian of earn liance with all rovision . . P p s of Merichan City Code sectxan G ~~3. 2. Ian#hly accaunti~ng; Upon LICENSING DESICrNEE's rnonthl re ' y rnittance to the Meridian City Clerk of ail dag license fees collected b LICENSING DE I Y S GNEE en behalf of CITY and the official monthly to ke t b LICENSING DE . g P y SIGNEE, the Mendian City Clerk shall conduct aecauntin to determine that the fees remi g tted correspond to the number and type of dog license tags issued b tae deli nee actordin y g g to the designee s log. In the event ~of a discrepancy be~reen the la fees remitted g, , andlor unissued tags, the Meridian City Clerk shall noti LICENSING DESIGNEE ' ' ' ~' ~n wr~t~ng and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy, ~. Annual accountYng: Upon LICENSING DESZCNEE's ~ernittance to the ' ' ' Meridian City Clerk of all dag license fees collected by LICENSING DESIGNEE ail ooi a1 monthly Daa LICENSING DESIGNEE AoItEEMENT ~ PAGE 3 ~F ~i ,` c logs kept by LICENSING DESIGNEE, unissued da license t s n ~ ag , and LICENSZNCx DESIGNEE'S a~ual report, the 1Vleridian Ci Clerk shall conduct an a ' . tY ccount~ng to determine that the fees remitted correspond to the number and t e ' yp of dog license tags issued by the designee according to the deli ee's to s. In the even f ~. . g t o a discrepancy . between the logs, fees xerrxitted, andfor unissued to s the Meridian . g ~ City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE s ' hall remit to CITY funds in the amount of the discrepancy. ~'. ~1Clous dog licenses: This Agreement shall not authorize LICENS . ING DESIGNEE to issue vicious dog licenses on behalf of CITY. ~, I~adependent Contractor: In all matters ertainin to this a gigirne p g gr nt, LICENSING DESIGNEE shall be acting as an independent contractor and neither I L LENSING DESIGNEE nor any officer, employee or a ent of LICENSING D ' g ESIGNEE wrll be deemed an employee of CITY. The selection and designation of the ersoi~ngil of CITY ' . p in the performance of this agreement shall be made b CITY. y H. Notices: Any and all notices required to bgi iven b either of ' g Y the parties hereto, unless otherwise stated in this agreement, shall be in writin and be deemed c ' . g oir~municated when mailed m the [Inited States magi, certified, return rgicei t re nested a p q ddressed to GTY as follows, C1ty Clerk, City of Mendlan, ~ 3 E. Broadway Avenue.111leridjan _ Tc~~h n ~~ ~d'~ ~,~ +n I, Attorney Fees; Should any litigation be comrnericed betwe ' en the parties hereto concerning this Agreement, the prevailing party shall be entitled in addition to ' any other relief as may ~6e granted, to court costs and reasonable attarne s' fees as determined b Y y a Court of competent jurisdiction. This provision shall bgi deemed to be a se crate co ' . p ntract between the parties and shall survive any default, termination or forfeiture of this A eemgin . ~ t J, Assignmen#: It is expressly agreed and understood b the arties y , p hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer h othecate subs • . , .. yp antract, or sell any of its rights or responsibilities under this A regiment gixCe t u on the ' g p p prior express written consent of CITY. ~. T~iscrimination Prohibited: In perfarrnin the Servioes set forth ' g herein, LICENSING DESIGNEE shall not dsscrnn.inate against an erson on the basis of race • ' Y p ,color, religion, sex, national oxig~n or ancestry, age or disability. DO~r LICIINSYNG DESIGNEE AGREEMENT ~ P.AGE 4 a~ ~ Either party may change its address fot• the ose of this arc ra h b ' ' . ~~ p ~ p y giving w~'ltten ~otlce of such change to the other in the manner herein rovided. P L. Reports and Information: At such times an ' , ,~ d in such forms as the CITY ma re uire there shall be furnished to the CITY such Y ~ ' statements, records, reports, data and information as the CITY nay request pertaining to matters covered ' hY this Agxeerrient, ~, ~4u+~its and Inspections: At an time Burin bu ' Y g siness hours and as oflen as the CITY ma deem necessary, thez~e shall be made available tart Y he CITY for exanunation all of LICENSING DESIGNEE'S records with res ect 1 • .p to ar .utters covered by thYS Agreement, N. Cornplianee with Laws: In perf~rmin the sea e ' ~ , p of services requvred hereunder, LICENSn~1G DESIGNEE shall cam 1 with all a licab ' p Y pp le laws, ordinances, and codes of Federal, State, and local governments, ~. Changes: Proposed changes to an ortion afthis A ~ . . Y P greement shall be submitted in writing, The party to whom the change xs pia osed shall have thi • p rty X30} days to accept or reject the proposed change. Changes which are n~utuall a reed a on b an Y g p y d between the CITY and LICENSING DESIGl~IEE shall be inco orated into this A ' . ~ greennent by written amendment signed by both parties. p. Termination; 1. Written notice: If, through any cause LICENSING DES ' . ~ IGNEE, its officers, ernplayees, ar agents fails to fulfill rn a timely and proper manner its obli ations . g under this Agreement, violates any of the covenants, a cements ors ' ' ~' tlpulatlons of this Agreement, falsifies any record ox document required to be re aced uncle . . p p r this agreement, engages in fraud, dishonesty, or any other act of misconduct i~ the e . p rfarmance of this contract, or if the Meridian City Council determines that termination afthis ' , Agreement ~s m the best interest of CITY, the CITY shall thereu on have the ri . .. p ght to terminate t~v.s Agreement by giving LICENSING DESIGNEE at least fi~een 1 ~ calendar da s wr' ' ~ } y itten native. LICENSnNG DESIGNEE may terminate this a cement at an ti . . ~' Y me by giving at least fifteen X15} caXendar days written notice to CITY. ~. Remittance to C'ITY~ In the event of are te~rDxnatian . Y of this Agreement, all finished or documents, data, and reports prepared b LICENSING DESK . . Y NEE pursuant to Meridian City Code and~ar under this Agreement, com leted or in+com 1 ' p p etc, shall, at the option of the CITY, became its property, and LICENSING DESIGNE ' E shall remit to CITY alI licensing fees collected by LICENSTNG DESIGNEE on CITY' . s behalf and all unissued dog license tags, Upan such remittance fallowin termination ' ' ' g , the Meridian City Clex~ shall conduct an accountings} asset forth in sections E ~ ' ~ } and E~3} +~f thus Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy, LICENSING DESIGNEE shall not thereb be . . y relieved of lia6zlity to the CITY for damages sustained by the CITY b virtue of am bre ' Y y ach of this Agreement by LICENSING DESIGNEE. This provision shall survive the to ' rmination of this agreement and shall not relieve LICENSING DESIGNEE of its liabili to th ty e CITY for damages, DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 5 QF ~ ~. ^, ~, ~onstxuction and. severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will nat affect the validity ox er~fvxceability of an ather axt of Y p this Agreement sa IQng as the remainder of the Agreement is reasonably ca able of p completion. ~. Entire agreement: This Agreement contains the ent~xe agreement of the artier and p supersedes any and all other agreements or understandings, oral or written, whether revious p to the e~eeut~on hereof or canternpQraneous herewith, S. Applicable Iaw: This Agreement shall be gavert~ed by and cv~stxued and enforced in accordance with the Taws of the State of Idaho, and the ordinances of the ~i of Meridian, T. ,Approval required: This Agreement shall not become effective ar binclin until a roved g .~~ by ~IT~. I~I~I;NSIN~G DESIGNEE: signature riot ame CXTY' ~~' MERIDIAN: DOG ~,ICENSING DESIGNEE AGREEMENT ~ PAaE G OF ~ BY: TAMMX d ERD, MAYOR ~•~~---• ~~VI E IDIAN~- IDAHO I~Ot~ LICENSINIi DESIGNEE AGREEMENT This DDS LICENSING DESIGNEE AGREEI~IENT is made this day of 2ai~, by and between the pity of l~Ieridian, a municipal corporation organized under the laws of the state of Idaho, ~ereinaf~er referred tv a.s ``CITY," 33 East Broadway Avenue, Meridian, Idaho 83 X42, and ~ ,~~ , hereinafter referr d to as "LICENSING DESIGNEE,"whose business address is 1 I~ ~ ~~ ~ 1 A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE'S issua~.ce of dog licenses on CITY's behalf. By entering into t~ 's agreement, both parties seek to: l}encourage and facilitate the liee~asing of all dogs within the City of Meridian; and 2} implement the provisions ofMeridian City Code section ~-2-3~H~. B, Tirne of ~erfarrnance: This agreement shall be effective from January 1, 2013 to December ~ ~, 2a i ~. ~ C. Designation of authority; CITY hereby authorises and empov~ers LICENSING DESIGNEE to issue dog licenses orr behalf of CITY in accordance with all applicable provisions of Meridian City Code, D. Responsibilities of LICENSING DESIGNEE 1. Issuance of dog Iicenses~ LICENSING DESYGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section ~-2-3, including, but not limited ta: a. ~e~Iication that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section ~-2-3(D}, b. verification that the owner of any dog to be licensed is eligible fox the license fee sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether do . .,~ owner/user rs vssually or hearing xrnpaired or disabled; whether dog awnex rs tra~ning such dog as seeing eye, hearing ear, or guide dog; andlor whether replacement license #ag will indeed replace validly issued, Rost tag. c. Collection of app~rapriate license fee. .DOG LICENSING DESZGN~~ A-GIt~E~~NT ^ pAGE 10~ b r • r ~, official lag: LICENSING DESIGNEE shall keep an off cial, monthly, wrlt~en log of all dog licenses issued by LICENSING DESIGNEE pan the form provided herewith entitled, "MONTpILY LCG -DOG LICENSES ISSUED BY LICENSIl~G DESIGNEE: [M+~NTH & YEAR'' ~hereinai~er "rnontlll la " . If such form is lost or render y g} ~ unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance b Y LICENSING DESIGNEE and shall also contain the following rnforrriat~on as to each do livens . g e issued by LICENSING DESIGNEE; a. date of issuance; b, dog license tag serial number; c. amount of license fee collected; d, amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g, verification of documentation demonstratin do owner's com fiance with all g g p '~ provisions of Meridian Cit3r Code section ~-2~~; and h. verification of eligibility of dog owner to pay license fee sought to be paid, 3. Administra#ive fee: CYTY hereby authorizes LICEI'~SINCr DESIGNEE to collect and keep an administrative fee of ten percent ~1 ~°~} of the amount of each do license fee collected on CITY s behalf, LICENSn~G DESIGNEE shall. keep a record of dog license fees co~ected aid administrative fees retained and shall report same to CITY in its annual report. A~, Monthjy submission to City Clerk: At the end of each month during the tern of this agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LYCE11tSING DESIGNEE on CITY's behalf; and b. ~. true and correcf copy of the LICENSING DESIGNEE'S monthly Iog, com leted in 11 p fu , Such fees and lag shall be submitted to the Meridian City Clerk no later than the fifteenth (15th day of the month following the month for wlueh the fees were collected and the monthly log completed, Doo Lr+~ENSrNO DESIGNEE AGREEMENT ~ pAGE 2 OF 6 5. Annual submission to +City Clerl~: No later than January 15, 2Q1~, LICENSINGr DESIGNEE shall submit to the Meridian City Clerk: a. All dag license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An a~ual report, by completing in full the farm provided herewith entitled, ``ANNUAL REPGRT - DCG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, fallowing the Meridian City Clerk's monthly andfor annual revie~ and accounting of LICENSING DESIGNEE's issuance of dag licenses as set forth in sections E~~} and E~3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy yn fees collected and data reported by LICENSING DESIGNEE in the lag ar quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE'S obligation to remit to CITY funds in an amount corresponding to the nu~naber and type of dog licenses issued and the number of unissued dog license flags returned to CITY shall not be excused far any reason, regardless of LICENSING DESIGNEE'S assertion of lass, theft, misplacement, mistake, or mismanagement of fees, tags, andlor data, ~-., E. Responsibilities of CITY: 1. Provision of dog license #ags: CITY shall provide to LICENSING DESIGNEE uant~fy dog license tags with the fallawin serial numbers: '' .g which dog license tags are to be issued by LICENSING IESIGNEE o~y upon LICENSING DESIGNEE'S verification of compliance with all provisions of Meridian City Code section 6-2-3. ~. Monthly accounting: Upon LICENSING DESIGNEE'S naanthly remittance to the Meridian City Clerk of all dog Icense fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted cQrrespor~d to the nuinbe~ a~ad type of dag license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, andlor unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGN'EE'S xemxttar~ce tQ the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly .DOG LICENSINCr DESIGNEE AGREEMENT M ~~,G~ ~ I)F ~ '~ to s ~ . g kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSIN~- DESIGNEE's annual report, the Meridian City Clerk shall conduct an accountin to . g determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's Logs. In the event of a discrepancy between the Logs, fees remitted, and/or unissued tags, the Meridian City Clerk sha11 notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the an~.ount of the discrepancy. F. Vicious dog licenses: This Agteernent sriall not authorize LICENSING DESIGNEE to issue vicious dog licenses an behalf of CITY. ~. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENS.Il~1G DESIGNEE nor any officer, enaplayee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the perso~.el of CITY in the performance of this agreement shall be made by CITY. H. Notices; Any and all notices required to be given by eithex of the parties hereto, unless otherwise stated in this agreement, sha11 be in writing and be deemed carmaaunicated when mailed in the ITruted States mail, certif ed, return receipt requested, addressed to CITY as follows; pity Clerk, City of ~er~dian, 33 E. Broadway Avenue, Meridian, Idaho ~3~~Z, or to LIC NSING DESIGNEE as follow ~, ~,, Licensing signed Name A dress Either party .may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein pro~rided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concernin „ ., g this Agreement, the prevaihng party shall be entitled, lri addlt~On to any Other relief aS ~a be y granted, to court oasts and. reasonable atta~rneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties ar~d shall survive any default, termination or forfeiture of this Agreement. J. Assagnrnent: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell an afi r' ... , Y is ~ghts ar respansib~litles lu~der this Agreement except upon the prior express written consent of CITY, I~, I~is~crin~in~ation Prohibited; In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person an the basis of race, color, religion, sex, .national origin or ancestry, age or disability. DoG LYO~ISmra DESIGt~E AGREEMENT ~ PAGE ~ ~F ~ '~~' ~,. Reports and Information: A.t such times and in such forms as the CITY ma re wire there Y ~ shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 1VI. Audits and Inspections: ,At anytime during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all Hof LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement, N. Compliance v~ith Laws: In performing the scope of services rewired hereunder, LICENSING DESIGNEE shall +comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. ~. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30} days to accept or reject the proposed. change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties, P. Termination; 1, written notice: If, through any pause, LI~I~TSING DESIGNEE, its aff~cers, employees, or agezxts fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, fals~ies any record or document rewired to be prepared under this agreement, engages in Baud, dishonesty, ar any other act of misconduct in the performance of this contract, ar if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shalt thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen X15} calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen ~l ~}calendar days written notice to CITY. 'Z. RetnitEance to CITY; In the event of any tezmi~.atio~a of this Agreement, all fuushed or documents, data, and reports prepared by LICENSING DESIGNEE pursuant t4 Meridian City Code andlar under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE sha11 remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance f+allovving tez~nination, the Meridian City Clerk shall conduct an accaunting~s) asset forth in sections E(2} and E(3} of this Agreement, and LICENSING .DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LZCENSIN'G DESIGNEE shall not thereby be relieved of liability to the CITY far damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. ~ DoG LICENSING DESIGNEE AGREEMENT ~ PAGE 5 ~F ~ 1 1 ~' r Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holing will not affect the validity ox enfazceabzlxty of any other part of this..Agreen~ent so long as the ~remaindex of the Agreement is reasonably capable of completion. R. Entire agreement; This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral ar written, whether previous to the execution hereof or contemporaneous herewith. ~. ~ipplicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. ~~~~ ~Y: CITY OF MERIIITAl1i: Attest: DOG LICENSING DESIGNEE AGREEMENT ~ PAGE G OF G LICENSING DESIGNEE: BY: TAMMY EERD, MAYOR C~E ID1Z IAN~~-- ioaNO DEG LICEN'~ING 1?E~IIiNEE AGRIlI1MI;NT This D~~ LI~~NSIN~ D~~I~N~~E A~RI~IENIENT is made this ~ day of 20 ~ 2, by and between the City of Meridian, a municipal corpor~.tian organized under the Taws of the state of Ida1~o, hereinafter referred to as " TY," 3 East Broadway Avenue, 1Vleridian, Idaho 83~4~, and ~ ,herein r referred to as "LICENSA~~ DESIGNEE,"whose business address is ~1 D[~ ~'~ ~~ x.,11, ~~ A. Purpose of Agreement: The purpose ofthis Agreement is to set forth the rights and obligations of CITY and of LICENSING I}ESI~NEE with reference to LICENSING DESIGNEE'S issuance of dog licenses erg CITY'S behalf. By entering into this agreement, both parties seep to:1}encourage and facilitate the licensing of all dogs within the City of Meridian; and 2~ implement the provisions of Meridian City Code section 6-2-3 (H}. B, Time of Performance: This agreement shall be effective from January 1, 2~ 13 to December 31, 20I3. '~` ~. Designation of authority; CITY hereby authorizes and empowers LICEi~SING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Co de. D. Responsibilities of LICPI~SIN~G DESIIiI1: 1. Issuance of dog licenses: LICE~SINCr DESICr~IEE shall issue dag licenses only after verification of compliance with all provisions of IVleridian City Cade section 6-~-3, including, but net limited to: a. verification that ar~y dog to be licensed has a valid rabies vaccinatio~a in accordance with Meridian City Code section 6-2-3 ~D}. b. Verification that the owner of any dag to be licensed is eligible for the license fee sought to be paid, i. e., whether deg to be licensed is neutered ar spayed; whether dag ownerluser is visually or hearing impaired ar disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and~or whethex replacement license tag will indeed replace validly issued, last tag. c. Collection of appropriate license fee. DOG LICENS~iG DESIGNEE AGREEMENT ^ PAGE 1(~F 6 '~ ~. Official rag: LICENSING DESIGNEE sha11 keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided 1~erewith entitled, "MGNTHLY LOG - DGG LICENSES ISSUED BY LICENSING DESIGNEE: [MGNT~I ~ "Y'EA~]'' {hereinafter ``monthly log"}. If such form is lost or rendered unusable far any reason whatsoever, LICENSING DESIGNEE roust keep a written record Including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE; a. date of issuance; b. dog license tag serial number; c. amount of Iicense fee collected; d. amount of administrative fee collected; e, name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog a-wner's compliance with all ~ provisions of Meridian City Code section 6,Z-3; and h. verification of eligibility of dog owner to pay license fee seught to be paid. 3. Admi~rstrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep. an administrative fee of ten percent ~ 1 ~°Io) of the amount of each dog license fee collected an CITY's behalf. LICENSING DESIGNEE sha11 keep a record of dog license fees collected and administxa~ive fees retained and shall report same to CITY in its annual report. ~. Monthly suhmissYOn to City Clerk; At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on C~'Y's behalf; and b- A true ar~d correct copy of the LICENSING DESIGNEE'S monthly log, completed in full. Such fees and lag shall be submitted to the Meridian City Clerk no later than the fifteenth ~I nth) day of the month fallowing the month far which the fees were collected and the monthly log completed, ~~ DOG ~1CENSING DESIGNEE AGREEMENT' ^ PAGE 2 QF ~ 5. Annual submission to City Clerk: No later than January 1 ~, 2a 13, LICENSIl~IG DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags pra~rided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPGRT - D(~G LICENSES ISSUED BY LICENSING DESIGNEE." ~. Remission +af discrepancy: If, following the Meridian City Clerk's monthly andlor annual review and accounting of LICENSING DESIGNEE'S issuance of dog licenses as set forth in sections E~~} and E~3) of this Agreement, the lUleridian City Clerk notif es LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy, LICENSING DESIGNEE'S olOligation to remit to CITY fends in an amount corresponding to the number and type afdog licenses issued acid the number of unissued dog license tags returned t4 CITY shall not be excused far any reason, regardless of LICENSING DESIGNEE'S assertion of loss, theft, misplacement, mistake, ar mismanagement of fees, tags, andlQr data. E. Responsibilities of CITY: 1. Provision of deg license tags: CITY shall provide to LICENSING DESIGNEE Quaat~ty da license to s with the f411owin serial numbers; ~: ~ , g g g which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE'S verification of compliance with all provisions of Meridian Clty -Code sectl4n ~-~-~. ~, Monthly accounting: Upon LICENSING DESIGNEE'S monthly remittance to the Meridian City Clerk of all dog license fees collected lay LICENSING DESIGNEE an behalf of CITY and the ~afficial monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according t4 the designee's lag. In the event of a discrepancy between the log, fees remitted, andlor unissued tags, the Meridian City Clerl~ shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit t4 CITY funds in the amount of the discrepancy, 3. Annual accounting: Upon LICENSING DESIGNEE'S remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly DOG LICENSING DESIGNEE AGREEMENT ~ ~~G~ ~ ~~ ~ 5 ^~ logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESICrNEE's annual report, the Meridian City Clerk shall cv~aduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's lags. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F, Vicious dog licQnses; This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses an behalf of CITY. ~. Independent Contractor: In all ~nattets pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSIlVG DESIGNEE nor any off cer, employee ar agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and d~esigr~ation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. Nntices; ~y and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, ce~if ed, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Ervadway Avenue, Meridian, Idaho 83642, yr tv LICENSING DESIGNEE as follows. ~ ~ t~ _ ~ Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition t+o any other relief as may be granted, to court costs and reasonable attorneys' fees as deterrninod by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J, Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, Transfer, hypothecate, subcontract, yr sell any of its rights ox responsibilities under this Agreement except upon the prior express written consent of CITY. I~. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person an the basis of race, color, religion, sex, national o~•igin yr ancestry, age or d~sabllity. ~`'~ DOG i~ICENSING DESIGNEE AGREEMENT ~ PAGE 4 CAF ~i ~ L, deports and Infarma-tian: At such times and in such forms as the CITY may require, there shall be fiunished to the CITY such statements, records, reports, data and infarrnatian as the CITY may request pertaining to matters covered by this Agreement, IVI. Audits and Inspections: At any time during business hours and as open as the CITY may decor necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable lays, ordinances, and codes of Federal, State, and Local governments. G. Changes: Proposed changes to any portion of this Agreen~er~t shad be submitted in writing, The party to whom the change is proposed sha11 have thirty ~3~} days to accept ar reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by bath parties, P. Termination: ~, ~V'ritten notice: If, through at~y cause, LICENSn~G DESIGNEE, its officers, employees, ar,agents fails to fulfil in a timely and proper mann~cr its obligations under this ~..~ A.greernent, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record ar document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council detet~ines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSTNG DESIGNEE at least fifteen ~ 1 ~}calendar days w~•~tten notice. LICENSING DESIGNEE naay terminate this agreement at any time by giving at least fifteen X15}calendar days written notice to CITY. 2, Rernittan~ce to +CITY: In the event of any termination of this Agreement, all finished nr documents, data, and reports prepared iay LICENSING DESIGNEE pursuant to Meridian City Cade andlar under this Agreement, completed ar incomplete, shall, at the option of the CITY, beeo~me its propexty, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. IJpan such remittance following termination, the Meridian City Clerl~ shall conduct are accountings} asset Earth in sections E(2} and E~3} of this Agreenae~at, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY fox damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreen~~nt anal shall not relieve LICENSING DESIGNEE of its liability to the CI~'Y for damages. DOG LICENSING I}ESICNEE AGREEMENT ~ PAGE S ~F d 1~ c ~, Canstru~ction and severability: If any part of this Agreement is held to be invalid ar unenforceable, loch holding will not affect the validity ar enforceability of any other paxt of this Agreement sa long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreernenC; This Agreement contains the entire agreement of the parties and ~u~ersedes any and all other agreements or understandings, oral ar written, whether previous to the execution hereof or cantempe-raneous herewith. ~. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances ofthe City of IVieridian. T, A-ppraval required; Tkus Agreement shall not become effective or binding Until approved by CITY, LICENSYN~ ~IE~IGl~EE: s~~a~,t~ BY: Print Name CITY OF ME.I~IIIAN; BY: TANlI~Y ERIC, MAYS ~~~~~~U~U o~~ s~~ ~~ ~~ ~~ Attest: c; ~~ E II~IAI~~ d,4N Q ~fi ~ ww~ f r~~ ZA~hg11 ~ DQCI LICENSING DESiGNE~ AGREEMENT ~ PAGE 6 C}F $ r ~~ ~.~Vl E IDI~ IAN~- IDAHO / DUG LICENSINU DESIGNEE AGREEMENT This DUG LYCENSING DESYGl~E AGREEMENT is made this _ day of 2012, by and between the City of Meridian, a municipal corporation organized under the Laws of the State of Idaho, h einafte referred to ` I " ~~ East Broadway Avenue, Meridian, Ydaho $~~42, a~ad , hereina~er refel~ed to ._ as "LICENSTNG DESIGNEE," whose business address is `~ ~ A. Purpose of Agreement: The purpose of this Agreerent is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DE~IGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, bath parties seek ta:1) encourage anal facilitate the licensing of all dogs within the City of Meridian; and ~} implement the provisions of Meridian City Code section 6-2-3~H~, B. Time of Performance: This agreement sha11 be effective Pram January 1, 2013 to December 31, 2013. ~ C. Designation of authority: CrT'Y hereby authari~es and empowers LICENSING DESIGNEE to issue dog licenses an behalf of CITY in accordance with all applicable provisions of Meridian City Code. II. Respo~ibilities of LICENSING DESIGNEE; 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only aver ~verific~tion of compliance with all provisions of Meridian City Code section ~-2~3, including, but not limited to: a. veri~icatian that any dog to be licensed has a valid rabies vaccination in accordance with Meridia~a City Code section ~-~-3 (D). b. verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. ~., whether dog to be licensed is neutered or spayed; whether dog ownerluser is visually or hearing unpaired or disabled; whether dog owner is training such deg as seeing eye, hearing ear, or guide dog; andlor whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. DOG LICENSINCr DESIGNEE AGREEMENT ~ PACE 1 {~~ ~ 1 ~' Z. official log: LICENSING DESIGNEE shall kee an official monthl written to of all p ~ Y~ ~ dog licenses issued by' LICENSIl~G .DESIGNEE on the form provided herewith entitled, "MONTHLY LCG - DGG LICENSES ISSUED BY LICENSING DESIGNEE: [MGNTH & YEARJ'' thereinafter "rnanthly Iog"~. If such form is lost ar rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dag license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each ,dag license issued by LICENSING DESIGNEE; a. date of issuances b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address and telephone number of dog owner; f, description of dog to be licensed; g. verification of documentation demonstrating dag owner's compliance with. aI1 ~ provisions of Meridian City Code section ~~2~3; and h, vexification of eligibility of dog owner to pay license fee sought to be paid, 3. Administrative fee: CZT~' hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee of ten percent ~ 1 ~~lo~ of the amount of each dog license fee collected an CITY's behalf, LICENSIl~G DESIGNEE sha11 keep a record of dag license fees collected and administrative fees retained and shall report same to CITY in its annual report, 4, ll~onthly submission to City Clerl~: A.t the end of each month during the team of this Agreement, LICENSING DESIGNEE shall submit to ~.e .Meridian City Clerk: ~. All dog license fees collected 1~y LICENSING DESIGNEE an CITY's behalf; and b. A true ~.nd coxrect copy of the LICENSING DESIGNEE'S monthly log, completed in full. Such fees and lag shall be submitted to the Meridian City Clerk no later than the fifteenth ~l~th~ day of the month fallowing the month far which the fees were collected and the monthly log completed, ~"~ DQG L~C~TSING DESIGNEE AGREEMENT ~ PAGE 2 ~F b 5. Annual submission to City Clerk: No later than January 15, X013, LICENSING DESIGNEE shall submit to the Me~diar~ City Clerk; a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUALREPORT -DOG LICENSES ISSUED BY LICENSING DESIGNEE." ~. remission of discrepancy: If, following the Meridian City Clerk's monthly andfor annu~.l review and accounting of LICENSING DESIGNEE'S issuance of dog licenses as set forth in sections E~2} and E~3} of this Agreement, the 1~[eridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSIl~TG IESIGNEE in the Iog or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE'S obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused fv~ any reason, regardless ofLICENSING DESIGNEE'S assertion of loss, theft, misplacement, mistake, or mismanagement of fees tags, andlor data.. ~ E. Responsibilities of CrT'Y; I. Provision of dog license tags; CITY shall pro~.de to LICENSING DESIGNEE Quantity dv license to s with the followin serial numbers; ~ ~,~ , g g g which dag license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEEys verification of compliance with all provisions of Meridian City Code section 6-2-~. ~. I~Ionthly accounting: Upon LICENSING DESIGNEE'S monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the o~cial monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted ~rrespond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the lag, fees remitted, andlor unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in ~~riting and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Ar~nuax accounting; Upon LICENSING DESIGNEE's remittance t4 the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly ~ DOG LICENSING DESIGNEE AGREEMENT ^ PAGE ~ OF 6 ~ logs kept by LICENSING DESIGNEE,unissued dog license tags, and LICENSING DESIGNEE'S annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remittedcorrespond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, andlor unissued tags, the Meridian City Clerk shall notify LICENSnNG DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITE funds in the amount of the discrepancy, F, Vicious dog Licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. ~. Independent C+~ntractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CXTY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY, H. Notices: Any and all notices required to be given by either of the parties hereto, Unless otherwise stated in this agreement, shall be in writing and be decrrzed communicated when mailed in the United States mail, certif led, return receipt requested, addressed to GTTY as follows: City Clerk, pity of Meridian, 3 3 E. Broadway Avenue, l~Ieridian, Idaho S3 X42, or to LI~ENSING DESXGN~F~~s follows: ` ~ ~,, . r.-,, ~~~ .~ _ ~. N1 ~ ~ ~, ~ ,~ ~, Either pY nay change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein prodded. X. Attorney Fees: Should any litigation be cvrnznenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction, This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture ofthis Agreement. J~. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CYT~, K, ~iscrirnination Prohibited: In performing the Se~ices yet forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability, D0t3 LICENSING DESIGNEE AGREEMENT ~ PAGE 4 ~I+ ~ t ~` L. Reports and Information; At such times and in such farms as the CITY may require, there shall be furnished to the CITY such statements, retards, xeports, data and information as the CITY may request pertaining to matters covered by this Agreement. IIrI. Audits and Inspections: At any tune during business hours and as often as the CITY may deem necessary, there shall ~be made available to the CITY for examination all of LICENSING DESIGNEE' S records with respect to alI matters covered by this Agreement. N. Compliance with Laws; In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local gavernrnents, G. Changes; Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty t30} days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSII~1Cr DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. p. Termination: L '4~xitten notice:, If, through any cause, LICENSII~IG DESIGNEE,. its officers, employees, ar agents fails to fulfill in a timely and proper maunez its obligations under this ~-~. Agreement, violates any of the covenants, agreements, ar stipulations of this Agreement, falsif es any record or document required to be prepared under this agreement, engages in fraud, dishonesty, ar any other act of n~iscozaduct in the performance of this contract, or if the Meridian City Council deternunes that termination of this Agreement is in the hest interest of CITY, the CITY shall thereupon have the xight to terminate this Agreement ~y giving LICENSING DESIGNEE at least fifteen X15}calendar days written notice. LICENSING- DESIGNEE may terminate this agreement at any time by giving at least fi~een X15}calendar days written notice to CITY, Z. Remittance to I;ITY; In the event of any termination of this Agreement, all finished or documents, data, and r~poxts prepared by LICENSING DESIGNEE pursuant to Meridiata. City Code and/or under this Agreement, carnpleted ar incomplete, shall, at the option of the CITY', become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees celleeted by LICENSING DESIGNEE an CITY's behalf and all unissued dog license tags. Upon such remittance fallowing termination, the Meridian City Clerk shall conduct an accountings} as set forkh in sections E~2} and E(3} Qf this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the anYa~unt of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for datnages sustained by the CITY' by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall sut«vive the tenation of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. ~ DaG LICENSING DESIGNEE AGREEiUi~NT ~ PAGE ~ DF b ,. ~'' ~. Construction and severabilYty: If any part of this Agreement is held to be invalid ar unenforceable, such holding will not affect the validity ar enforceability of any other part of this Agreement sa long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all othez agreern~e~ats ar understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. ~. Applicable law: This Agreement shall 'be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Nleridxan. T, Approval reguired: This Agreement shall not became effective or binding until approved by CITY. LICENSING DESIGNEE: ,,..--yam r ,~~ J ,~ ~r ''-- S1g113~1II~ Pant ame CI1'~ (JF MERIDIAN: BY: TA1~~IY ER~,11rIAY~R ~~~~,~~~~~,~ G~44 s~~~ Attest: ~ ~° City of ~ ~IAIV ipAHo c~ ~ ~fi~ ar r 9~~`~~~ ~t YR~~- ~ DOG LICENSING DESIGNEE AGREEIvIENT ~ PAQE G DF 6 Ci~E zn~~- IDAHO DGG LI~EN'SII~~ DESIGNEE AGREEMENT This Dt~G LICENSING DESIGNEE AG1~E11~NT is made this day of ~~ 1 Z, by and between the City o-f Meridian, a municipal corporation organized under the lags of the Mate of Idaho, hereinafter erred to as "C TYy" 3~ East Broadway Avenue, Meridian, Idaho g3~4~, and ~ `~ , hereinafter re en~ed to A as "LICENSING DESIGNEE," whose business address is A. P~pase of Agxee~nent: The purpose of this Agreement is to set forth the rights and obligations of CITY and of I,ICENSI~tG DESIGNEE with reference to LICENSING DESIGNEE'S issua~ace of dag licenses on CITY'S behalf, By entering into this agreement, bath parties seek to: L } encourage and facilitate the licensing of all dogs within the City of Meridian; and 2} implement the provisions of 11~e~idian City Code section ~-Z-3~H}. B. Time of Perfarmanc~: This agreement shall be effective. from January 1, ~OI3 to December ~i, ~oi~, ''` ~. Designalio~ of au~tharity: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of N[eridian City Code. D. Responsibilities of LICENSING DESIGNEE: ~, Issaance of dag licenses; LICENSING DESIGNEE shall issue dog licenses only aver verification of compliance with all provisions of Meridian City Code section +6-~-3, including, but not limited to: a, ~erifiCatior~ that away dog to be licensed has a valid ~~abies vaccination in accordance with Meridian City Code section ~-2-3~Dj. b. Yeri~cation that the owner of any dag to be Licensed is eligible fox the license fee sought to be paid, r. e., whether dog to be licensed is neutered or spayed; whether dag ev~ner/user is visually ar hearing impaired or disabled; whether dog owner is txaxning such dog as seeing eye, hearing ear, or guide dog; andlor whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. ~` DOG LI~ENSIN~ DESIGNEE AG1tEEMENT • ~'AGB ~ OF 6 ~' 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG - DOG LICENSES ISSUED EY LICENSING DESIGNEE: MONTH & YEAR]" thereinafter "monthly log"). If such farm is lost or xe~dered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers ofthe dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license t~.g serial ~uraber; e. a~nau~at of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone nurnbex of dog owner; f, description of dog to be licensed; g. verification of documentation demonsir~,ting dog owner's compliance with all provisions of Meridian City Code section ~-~-3; and h. verif cation of eligibility of dog owner to pay license fee sought to be paid. 3. Admiunistrativefce: CITY hereby authorizes LICENSING DESIGNEE to collect and beep an adminis~~ative fee of ten percent ~1 Q%y of the amount of each dog license fee callected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in Its annual report. 4. Monthly submission to City Clerl~:.At the end of each moth during the term of this Agreement, LICENSING DESIGNEE sha11 submit to the Meridian City Clerk: a~ Ali dag license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE'S rnontbly log, completed in full. Such fees and log shall be submitted to the Meridiem City Clerk no Iater than the fifteenth (l~th~ day of the rno~ath following the month for which the fees were collected and the monthly lag completed. ~ DGG LICENSING DESIGNEE AGREEMENT ~ PAGE 2 Ofi 6 5. Annual submission to City Clerk: No later than January 15, 2413, LICENSING DESIGNEE shah submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LI~ENSINCr DESIGNEE; and b. An annual report, by completing in f~.ll the fo~n provided herewith entitled, "ANNUAL REPURT - DQG LICENSES ISSUED BY LICENSIl~G DESIGNEE." 6. Remission of ~diserepancy: If, following the Meridian City Clerk's monthly andlor annual review and accounting of LICENSING DESZGNEE's .issuance of dog licenses as set forth in sections E~2~ and E~3~ of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY fiends itx the amount of such discrepancy, LICENSING DESIGNEE's obligation to ~rernzt to CITY funds in an amount corresponding to the number and type of dog incenses issued and the number of u~.ssued dog license tags returned to CITY shall not be excused far ar~y reason, regardless ofLICENSING DESIGNEE'S assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, andlox data. ~. Responsibilities of CITY: I, ~rovisian of dog license to :CITY shall ravide to LICENSING DESIGNEE P Quantity dog license tags with the following serial numbers; which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE'S vez~if cation of compliance with all provisions of Meridian Ci~r Code section 6-2-3. 2, IVlonthly accounting: Upon LICENSING DESIGNEE'S monthly remittance to the Meridian City Clerk of ail dog license fees collected by LICENSING DESIGNEE an behalf of CITY and the Official monthly lag kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log, In the event of a discrepancy between the lag, fees remitted, andfc~r unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy, 3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City Clerk of aXl dog lice~ase fees collected by LICENSING DESIGNEE, all off cial monthly /"~ D00 LICENSING DESIGNEE AGnEEMENT ~ PAGE 3 ~~` 6 ''~` lags kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE'S annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepanc~r between the logs, fees remitted, andJor hnissued tags, the Merldlan City Clerk Shall ~lOtlfy LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy, F, Yicious dog licenses; This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. ~. Independent Gantractor: In all ~aatters pcrtai~ing to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be nude by CITY. H. Notices: Any and all notices required to be given by either of the parties hereto, unless atherwzse stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 8342, ar to LICENSING ESIG as follo s: dd ~---~ Either party may change its address for the put~ose ofthis paragraph ~y giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should. any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as detet~rnined by ~, Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and sha11 survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, tra~asfex, hypothecate, subcontract, or sell any of its rights c-r respo~asibilxties under this Agreement except upon the prior express written consent of CITY. K. IliSCriminationPrehibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, colors religion, sex, national origin or ancestry, age or disability. ,,/'`~ DOG ~jCENS WG DESYGNEE AC~RE£M£NT ~ PAGE 4 ~}F 6 { r'` L. Reports and Information; At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaf Wing to znatters covered by this Agreement. 1VI. Audits and Inspections; At any time during business hours and as afken as the CITY may deem necessary, there shall be made available tQ the CITY for e~arnination all of LICENSxNG DESIGNEE'S records with respect to aI1 matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with ail applicable laws, ordinances, and codes of Federal, State, and local governments. D. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The part3r tQ wham the change is proposed shall have thirty X30}days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY anal LICENSING DESIGNEE shall be incorporated into this Agreement bar written amendment signed by both parties. P. Termination: I.. written no#iGe; If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely aia.d proper manner its obligations under this ,-,, Agreement, v~ioiates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record ar document required to be prepared under this aggreemen#, engages in fraud, dishonesty, or any other act of misconduct in the performance +~f this contract, ar if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen X15}calendar days written notice, LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen MI5) calendar days written notice #a CITY. Z. Ren~attance to CITY; In the event of any termination of this Agreement, all finished ar documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code andlor under this Agreement, completed or incarnplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance fallowing temaination, the l~Ieridian City Clerk shall conduct an accountings} asset forth in sections E~2} and E(3} of this Agreement, anal LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITE" fQr damages sustained by the CITY by vit~tue of any breach of this Agreement by LICENSING DESIGNEE. This provision skull survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. DEG LI~ENSINQ DES~firNEE AGREEMENT ~ PAGE 5 OF $ ~ t i y e? ~, Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reaso~aably capabte of completion, R. Entire agreement: This Agreement contains the entire agreement of the parties and su exsedes an and all other agreements or understandings, oral or written, whether previous p Y to the execution hereof or contemporaneous herewith, S, Applicable Iaw: This Agreement shall be governed by and construed and enforced in accordance with the Taws of the State of Xdaho, and the ordinances of the City of ll~eridian. T, Approval regnYred: This Agreement shall not became effective or binding until approved by CITY. . LICENSING DESIGIITEE; s,gnature ~Y: G Print N c CITY ~F MERIDxAN; BY. Attest: CITY f J TAMMY ERD, MAXOR DOa LICENSING DESIGNEE AGREEMENT ~ PAGB ~ OF $ E IT3IAN~-- IQAHO DOG LICENSING DESIGNEE AGREEMENT This I~~~ LI~EN~ING 1'~E~Y~I~E AGREEMENT iS made this ~ day of ,~ 2012, b and between the City of Meridian, a muniezpal corporation organized under Y the laws of the State of Idaho, hereinafter referred. to as "CITY," 33 East Broadway Avenue, eridian Idaho $ 3 642 and ~ ~ -~ 1`~ ~ ~ ~ ~ ~ ~~. ,hereinafter referred to M '~ ~,r as "T~ICENSINCr I~ESI~NEE," whose business address is ~ ~ s ~~ ~~ ~~.,,. . A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and abligation~s of CITY and of LICENSING I~ES7~NEE with reference to LICENSING DESI~NEE's issuance of dog licenses an CITY's behalf, By e~ate~ing into this agreement, both parties seep to:1) encourage and. facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian .City Cade section +6-2-3 . B. Time of Perf~rmau+ce: This agreement shall be effective from January 1, 213 to December 31, 2~ 13. ~` ~. designation of authority: CITY hereby authorizes and empowers LICENSING DESrCrNEE to issue dog licenses on behalf of CITY in accordance with ail applicable provisions of Meridian City Cade. D. Responsibilities of LIC'EN~ING IaESI~NEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue clog licenses only after verification of cornplxance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a v~1id rabies vaccination in accordance with Meridian City Code section 6-2-3~D}. b. Verification that the owner of any dog to be licensed is eligible far the license fee sought to be paid, i. ~., whether dog to be licensed is neutered or spayed; whether dog ownerluser is ~risually ar hearing unpaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; andlar whether replacement license tag will indeed replace validly issued, last tag. c. Collection of appropriate license fee. T1D~ LICfiNSIN~ LlESI~NE~ ,A~REEMEN!' ~ PAOE 1 QF 6 ,~ Z. Dfljieial log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSIlVG DESIGNEE an the form provided herewith entitled, ``MONTHLY LOG -DOG LICENSES ISSUED BY LICENSING DESIGNEE: MONTH ~ YEAR..]" ~.ereinafter "monthly log"}, If such form is lost ar rendered unusable fox any reason whatsoever, LICENSING DESIGNEE must keep a written record i~.cluding: the serial numbers of the dog license tags provided by CYTY for issuance ~y LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE; a. date of issuance; b. dog license tag serial r~unaber; c.- amount of license fee collected; d, amount of administrative fee collected; e. , Warne, address, ~d telephone number of dog owner; f, description of dog to be licensed; g, verification of documentation demonstrating dog owner's compliance with all ~ provisions of Meridian City Cade section ~-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3, A,dministrativefce: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee often percent ~l~°~0} of the amount of each dig license fee collected on CITY's behalf. LICENS.nvG DESIGNEE shall keep a record of dvg license fees collected and administrative fees retained and shall repvxt same to CITY in its annual report, 4, l~anthly submission to CYty Clem.; At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the .Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CZ~'Y's behalf; and b. A true and correct copy of the LICENSING .DES~GNEE's monthly log, completed in foil. Such fees and log shall be subrnitted to the Meridian City Clerk na later than the fifteenth {15th) day of the month fallowing the month for which the fees were collected and the monthly lag completed, /"'t DOG LICENSING DESIGNEE AGREEMENT' ~ FA[iE 2 OF 6 ~, Annual submission t~ City Clcrk~ No later than January 15, 2x13, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. AlI dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the forth provided herewith entitled, "ANNUAL REPORT ~- DCG LICENSES ISSUED EY LICENSING DE~ZGNEE." 6, Remission of discrepancy: If, following the 1Vleridian City Clerk's monthly andlor annual review and accounting of LICENSING DESIGNEE'S issuance of dog licenses as set forth in sections E~2} and E~3} of this Agreement, the Meridian City Clerk motifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity afunissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in a~a a~nottnt ca~responding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE'S assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and~or data. E, Responsibilities of CITY: 1. Prov~isi~n of dog license tags; CITY shall provide to LICENSING DESIGNEE ~uanti~r da license to s 'th h f 11 ri unbers: ~ ~~ " t e a cwm se al r~~ g g g which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE'S verification of compliance with all pzavisio~s of Meridian City Code Scotian ~-2-3. ~, Monthly accounting; Upon LICENSING DESIGNEE'S monthly remittance to the Meridian City Clerk flf all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official naanthly lag kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk. shall ratify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Ann;aal accounting: Upon LICENSING DESIGNEI;'s remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly .~ DQG LICENSING DESIGNEE AGREEMEI~'I' ~ PAQE 3 OF ~ logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall c+anduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, andlor unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds i~ the amount of the discrepancy. ~`. `vicious dog licenses: This Agreement shall not authorise LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY, ~~ Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any ofhcer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherv~ise stated in this agreement, shall be in writing and be deemed conununicated when mailed in the United States mail, certified, retun~ receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33.E. BroadwayAvenue, Meridian, Idaho ~3~42, or to L NSING D SIGNEE follows; 1 . Liceasmg es~grtee Name a Are Either party may change its address for the purpose of this paragraph by giving written notice of such change to the othex in the manner herein provided. I, Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agxeernent, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction, This provision shall be deemed to be a separate contract between the parties and shall survive any default, tet~nination oY• forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcan~ract, ar sell any of its rights or responsibilities under this Agreement except upon the prior express v~ritten consent of CITY. ~, Discrimination Prohibited: In perfarrning the Services set fo~h herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, solar, religion, sex, national origin or ancestry, age or disability. /'',~, DpG LICENSING DF.~SIGNEE AGREEMENT ~ PACE 4 OF 6 ''~ ~. Reports and Information; At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11~. Audits and Inspections: At any time during business hours and as often as the CITY naay deem necessary, there shall be made available to the Cf TAY for examination all of LICENSING DESIGNEE' S records with respect to all matters covered by this Agreement. N. Compliance with Lames: In performing the scope of services required hereunder, LICENSING DESIGI1tEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. ~. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing, The party to wham the change is proposed shall have thirty ~3 ~~ days to accept or re j ec# the proposed change. Changes which axe mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by bath parties, P. Termination: ~. written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner i#s obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, ar if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen ~l ~} calendar days written native. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (I5~ calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished ar documents, data, and reports prepared by LICENSING DESIGNEE pursua~at to Meridian City Code andlar under this Agreement, completed or incomplete, shall, at the option of the CITY, became its property, and LICENSIl~G DESIGNEE shall remit to CITY all licensing f ees collected by LZCEI~SI.~G DESXG~IEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) asset Earth in sections E(~} and E(3} of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy, LICENSING DESTCrNEE shall not thereby be relieved of liability to the CXTY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE, This provision shall survive the terrnx~aatior~ of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY far damages, /'"'\ DOG LI~~ISING D~S~G]~E~ ,~4,ORE~ME1'~T ~ ~'AO~ J ~~ ~ ~~ ~, Construction and severability: If any part of this Agment is held t~ be invalid or unenforceable, such holding wiu not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. ~. ~n~ixe agreement; '1'hls Agreenraer~t contains the entire agreement Qf the parties and supersedes any and all other agreements ar understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith, ~. Ap~iicable xav~: This Agre~nent fall be gave~ed by and constxaed anal enforced in accordance with the caws of the State of Idaho, and the ordinances of the pity of Meridian. T. Approval rcquircd: This Agreement sha11 not become effective or binding until approved by CITY. LICENSI~T~ DESIGNEE: r' Sl~gStllfO ~ BY: ~ ~;r,+.~ ~ rent ame CIT'~ I~~ M.ERIDIAN: BY' '~ a~~`~~D ~v~~`~ T~~.~ EE~j 1VIAY Q ~j'~a ~ ~ ~~ of Attest: ~ ~D~'~~ IDANQ t7 ~ ~~ er1~t 71~~~~~ y ~ DOG ~,IC~NSING DF~IG1~~ AGREEMENT M PAGE ~ DF 6 ~~Vl E IDR IAN~~-, IDAHO DIIIi LICEN~IN~ DESIGNEE AI~REEMENT This DDS LY~EI~~IN~ DESIGNEE AGREEI~NT is made this ~ da of Y 2012, by and between the City oflVleridian, a municipal corporation org nized ender the laws of the State of Idaho, hereinafter zeferred to as "CI'I'" 33 East Broadway Avenue, Meridian, Idaho 83642, and as "LICENSING DESIGNEE," whose business ~hereina~er referred to A. Purpose of A.greernent: The purpose ofthis Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE'S issuance of dog licenses on CITY's behalf. By entering Into this agreement, bath pa~ies seek to:1~ encourage and facilitate the lxcenSing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section ~-2-3 ~. B. Time of performance: This agxeenaent shall be effective from January 1, 2013 to December 31, 2013. ~ ~, Designation of authority: CITY hereby authorizes acid empowezs LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LIEI~SIN~ DE~I~NEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only aftez verification of compliance with all provisions of Meridian City Code section G-2-3, including, but not limited ta: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code sectia~a ~-2-3~D~. b~ Yerification that the owner of any dog to be licensed is eligible for the license fee caught to be paid, x. e,, whether dog to be licensed is neutered ar spayed; whether dog ow~a.erluser is visually or hearing impaired or disabled; whether dog owner is t~~ainxng such dog as seeing eye, hearing ear, or guide dog; andlor whether replacement license tag will indeed replace validly issued, last tag. c, Collection of appropriate license fee. DOG LICENSING DESIGNEE A.G~tEEMENT ^ PAGE 1 ~F b r~ ~`' 2. i3ffiiclal log: LICENSING DESIGNEE shall keep an official, monthly, written log of ail dog licenses issued by LICENSING DESIGNEE an the form provided herewith entitled, "MONTHLY LOG - D(~G LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAS.]" ~hereina~er "monthly lag"~ , If such farm is last ar rendered unusable for any reason. whatsoever, LICENSING DESIGNEE must keep a written record includin :the serial numbers of the dog license tags provided 6y CITY far issuance by g LICENSING DESIGNEE and shall also contain the fallowing information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b, dog license tag Sexial number; c. amount of license fee collected; d, amount of administrative fee collected; ~e, name, address, and telephone number of dog owner; f, descriptio:a Qf dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Cade section 6-~-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an adtninistrativefee often percent X10%~ of the amount of each dag license fee collected on CITY's behalf, LICENSING DESIGNEE shall keep a record of dog license fees collected. and administrative fees retained and shall report same to CITY in its annual ~r~eport. ~. 14~onthly suh~missfon #o City ~lerl~: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a, All dog license fees collected by LICENSII~tG DESIGNEE on CITY's behalf; and b. ~ true and coi~t~ect copy of the LICENSING I~ESIGNEE's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk na later than the Fifteenth 15th} day of the month following the month far which the fees were collected and the monthly lag completed. ---~~ DOG L1C~NSING D~SIGN~~ AG~EME~IT ^ PAGE 2 OF b 'Y° logs kept by LICENSING DESIGNEE, unissued dug License tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee}slogs. In the event of a discrepancy between the logs, fees remitted, andlor unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. ~. Independent Contraet4x; In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSINGx DESIGNEE nor any officer, employee ar agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the perfarrnance of this agreement shall be made by CrTY. H. Notices: Any and all notices required to be given by either ~of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83~4~, or to LICEN LNG DESIGNEE as follaws~ ~~ , ,--~ ns ignee ame nd Address Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party sha11 be entitled, in addition to any other relief as may be granted, to court casts and reasonable atta~aeys' fees as determined by a Court of competent jurisdiction, This provision shall b~ deemed to be a separate contract between the parties and shall survive any default, termination ur forfei~e of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall ~aot have the right to assign, transfer, hypothecate, subcon~act, or sell any +af its rights or responsibilities under this Agreement except upon the prior express written consent of CITY, K. Discrimination Prahibitied: In perfor,~ing the Services set Earth herein, LICENSING DESIGNEE shall not discriminate against any person an the basis of race, color, religion, sex, national origin +~r ancestry, age or disability. /"~ I}OG LI~EUSING DESIGNEE A.GItEENlENT ^ PAO~ 4 ~JF G '~' L. Reports and Xnfar~natian: At such times and in such forms as the CITY may requixe, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY far examination all of LICENSING DESIGNEE' S records v~ith respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local gavenxments. ~. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty ~3 ~} days to accept or rej ect the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P`. ~'ex~ninatian: 1. written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this ~, Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsif es any record or document required to be prepared under this agrce~nent, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the~best interest of CITY, the CITY shall thereupon have the right to termhaate this Agreement by giving LICENSING DESIGNEE at least fifteen X15}calendar days written notice, LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15~ calendar days written notice to CITY. ~. Remittance to ~xTY: In the event of any termi.r~ation of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to ~Ileridian City Cade andlor under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY alI licensing fees collected by LICENSING DESIGNEE on CIfiY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerl~ sha11 conduct an accountings}asset forth in sections E~2} and E~~} of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to rile CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE, This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY far damages, ~ DoG LICENSING DESIGNEE AGREEMENT M PAGE S 4F ~ S ~r i ~ ~` evQrabili • If art of this A regiment is held to be invalid ar ~. Construction and. s ty, any p g unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agree~aent is reasonably capable of completion. R. Entire agreement: This ,Agxeernent contains the entire agreement of the panes and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S. A.pplicabie Iaw; This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Idaho, and the ordinances of the City of Meridian, T. Approval required: This Agreement sha11 not become effective or binding until approved by CzTY. LICENSING DESI~~IEE; Sig~aturo ~Y: ~. rui am CITY ~E MERIDIAN: BY: TAMMY ERD, MAYS ~nA~ 4°~A~ c~sr ~~~ r~~ Attest: ~ °~' c;ry ~E E TITAN IDAHO w f fay rA~-~ ~~ D0~ TENSING DESIGNEE AGREEMENT ~ PAGE ~ ~F 6 Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Counc+l Meeting DATE: November 7, 2012 ITEM NUMBER: 7A PROJECT NUMBER: AZ 11-003 ITEM TITLE: King Property Public Hearing Continued from September 18, 2012: AZ 11-003 King Property by Dexter King Located at 1195 W. Overland Road Request: Annexation and Zoning of 8 Acres of Land within an R-8 Zoning District MEETING NOTES . ~~ ~ /~ ~o~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER• 7g PROJECT NUMBER: VAC 12-005 ITEM TITLE: Central Valley Corporate Park Public Hearing: VAC 12-005 Central Valley Corporate Park b Scott Schoenherr Y Located at 690 S. Industry Way (Lots 10 and 1 1, Block 7 Re uest: Vacate a 10-Foot l a Wide Public Utility, Drainage and Irrigation Easement Shared on the Interior Lot line of Lot 10 and Lot 11, Block 1 MEETING NOTES u~' APPROVED Community Item/Presentations.Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 7C PROJECT NUMBER: VAC 12-006 ITEM TITLE: Spurwing Public Hearing: VAC 12-006 Spurwing by The Club at Spurwing, LLC Located at North of Chinden Boulevard and West of N. Linder Road Request: Vacate a Portion of N. Spurwing Way Right-of-Way (1.39 Acres} Platted with the Spurwing Subdivision MEETING NOTES u~ APPROV ED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 7D PROJECT NUMBER: AZ 12-009 ITEM TITLE: Villas a~ Lochas Falls Public Hearing: AZ 12-009 Villas @ Lochsa Falls by Arete Investment Group, LLC Located West Side of N. Linder Road Between Chinden Boulevard and W. McMillan Road Request: Annexation and Zoning of 5.67 Acres of Land from RUT in Ada County to the R-8 (Medium-Density Residential) Zone MEETING NOTES ~ PPROVEfl Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 7E PROJECT NUMBER: PP 12-008 ITEM TITLE: Villas aLd Lochas Falls Public Hearing: PP 12-008 Villas C~ Lochsa Falls by Arete Investment Group, LLC Located West Side of N. Linder Road Between Chinden Boulevard and W. McMillan Road Request: Preliminary Plat Approval of 31 Residential Lots and 5 Common Lots on 4.95 Acres in a Proposed R-8 Zone MEETING NOTES ~' APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 7F PROJECT NUMBER: PP 12-001 ITEM TITLE: Hacienda East Public Hearin : PP 12-O1 l Hacienda East by Jayo Development Located at East Side g of N. Meridian Road and South of Chinden Boulevard Request: Preliminary Plat Approval of 17 Residential Lots on 2.14 Acres in an Existing R-8 Zone MEETING NOTES ~/ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 7G PROJECT NUMBER: AZ 12-01 O ITEM TITLE: SGI Public Hearing: AZ 12-010 SGI by G4 Acquisitions, LLC Located 2420 N. Eagle Road Request: Annexation and Zoning of 1.45 Acres of Land with a C-G Zoning District MEETING NOTES ~~ ~~~ ~0~ ED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS R Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 7H PROJECT NUMBER: CUP 12-008 ITEM TITLE: SGI Public Hearin :CUP 12-008 SGI by G4 Acquisitions, LLC Located at 2420 N. Eagle Road g Re uest: Conditional Use Permit for aDrive-Thru Establishment in a C-G Zoning District q Within 300 Feet of an Existing Residence and Residential District MEETING NOTES ~/ PPROVEfl A Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 71 PROJECT NUMBER: PP 12-009 ITEM TITLE: Zebulon Village Subdivision Public Hearin : PP 12-009 Zebulon Village Subdivision by The Traditions by Amyx II, LLP g Located A roximatel 1 /4 Mile West of N. Eagle Road and South of E. McMillan Road pp Y Re uest: Prelimina Plat A proval Consisting of 40 Building Lots and 7 Common / q ry p Other lots on 14.94 Acres of Land in the R-4 Zoning District MEETING NOTES ~~ ~~ o~ ED Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Cit Council Meeting Y DATE: November 7, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Community Development: Proposed Qrdinance Creating Additional Temporary Sign Allowance for Permanent Proprietors within the Ada County Highway District's Meridian Split Corridor Phase 2 Roadway Project Area MEETING NOTES Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E•MAIIED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DRAFT ~ ~ -7-~ 2 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN ADDING A NEW SECTION OF MERIDIAN CITY CODE, SECTION 3-4-3(C)(lo), RELATING TO STANDARDS FOR ONE ADDITIONAL TEMPORARY SIGN FOR PERMANENT PROPRIETORS IN THE DIAN SPLIT CORRIDOR PHASE 2 ROADWAY PROJECT AREA UPON MERI ISSUANCE OF A TEMPORARY USE PERMIT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, 08-1356, 09-1430,10- 1453,10-1464,12-1506, and 12-1519 the City Council of the City of Meridian has instituted and refined a procedure by which outdoor sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the public health, safety, and welfare; and WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are intended to allow additional temporary signage to help promote businesses near and in downtown Meridian that maybe affected by the decrease in traffic flow in the course of completion of Phase 2 of the Ada County Highway District's Meridian Split Corridor roadway project; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL '~ OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That a new section, Meridian City Code section 3-4-3(0)(10), is hereby added: 10. Standards For Additional Temporary Sign for Permanent Proprietors Within Meridian Split Corridor Phase 2 Roadway Proj ect Area: a. This section shall apply only to permanent proprietors within the Ada County Highway District's Meridian Split Corridor Phase 2 Roadway Project Area ("MSC2 Project Area"), which shall be defined as the area bordered on the north by East Blue Heron Street, bordered on the east by East 3rd Street, bordered on the south by East Franklin Road, and bordered on the west by West 3rd Street. b. In addition to signs allowed by other provisions of law, permanent proprietors within the MSC2 Project Area may, upon application for and issuance of a temporary use permit therefor, erect one (1) temporary sign for the purpose of identifying, promoting, advertising, or directing patrons to such permanent proprietor. c. The following provisions shall apply to any and all temporary signs related to a permanent proprietor within the MSC2 Project Area: (1) No more than one (1) temporary sign with an area not to exceed eight (8) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a permanent proprietor within the MSCZ Project Area. It shall be unlawful for any person to install, erect, post, or MSC2 SIGN ORDINANCE PAGE 1 OF 3 ~r ^r display or to allow or cause the installation, erection, posting, or display of a '~ temporary sign or temporary signs where the quantity or dimensions thereof exceed the limitations set forth in this subsection. (2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to a permanent proprietor within the MSC2 Project Area upon any property without first obtaining the written permission of the owner of such property. (3) A temporary sign identifying, promoting, advertising, or directing patrons to a permanent proprietor within the MSC2 Project Area maybe installed only within the MSC2 Project Area or on either side of a street bordering the MSC2 Project Area. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign identifying, promoting, advertising, or directing patrons to a permanent proprietor within the MSC2 Project Area in any location other than as set forth in this subsection. (4) Any and all temporary signs identifying, promoting, advertising, or directing patrons to a permanent proprietor within the MSC2 Project Area shall be removed by Sunday, October 6, 2013. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of November, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this day of November, 2012. APPROVED: Tammy de VUeerd, Mayor MSC2 SIGN ORDINANCE ATTEST: Jaycee Holman, City Clerk PAGE 2 OF 3 DRAFT 11-7-12 NOTICE AND PUBLISHED SUMMARY '^ OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.12- AN ORDINANCE OF THE CITY OF MERIDIAN ADDING A NEW SECTION OF MERIDIAN CITY CODE, SECTION 3-4-3(C)(10), RELATING TO STANDARDS FOR ONE ADDITIONAL TEMPORARY SIGN FOR PERMANENT PROPRIETORS IN THE MERIDIAN SPLIT CORRIDOR PHASE 2 ROADWAY PROJECT AREA UPON ISSUANCE OF A TEMPORARY USE PERMIT; AND PROVIDING AN EFFECTIVE DATE. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to r``~ Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE N0.12- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. l2- ofthe City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 5 0-901 A(3 ). DATED this day of , 2012. William. L.M. Nary, City Attorney r~ MSC2 SIGN ORDINANCE PAGE 3 OF 3 Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Ordinance No. ,~ ' /S3~ :Temporary Sign Allowance for Permanent Proprietors within the Ada County Highway District's Meridian Split Corridor Phase 2 Roadway Project MEETING NOTES i YJC~C~C, ~ l l ~ ~ 3~~ ~-• r~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting ~y 2S DATE: November 7, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Legal Department: Discussion on Update to Animal Control Code MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E•MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT .NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Ordinance No. ~~ ~ ~~~~ :Animal Control Code Updates MEETING NOTES PPROVED ~A Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. Ion " I53~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ~AREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION ~-2~8 A ,RELATING TO BARKING DOGS; AMENDING MERIDIAN CITY CODE ~} SECTION ~-2~8 }, RELATING TO DOGS AT LARGE; PROVIDING FCIR A WAIVER OF THE READING RULES; AND PROVIDING AN' EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that it is in the best Interest of the public health, safety, and welfare to establish regulations regarding animal control; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CYTY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Cade section 6-2-8{A) shall be amended as follows: A. Barkl~ng dog. It sha11 be unlawful for any dog owner to per~nnit a dog owned by such person to ' carry on excessive, continuous or untimel, b~arkin~or noise. A. violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars {$300.00) and ninety (90) days jail. Section z..That Meridian City Code section 6-2-8(I~~ shall be,amended, as follows; ~~`' D. Da at Iar a in vblic lace. ft Except as Otherwise allowed b, ly aw, it shall be unlawful for any dog g g P P owner to allow or cause any dog owned by such person to be or remain in any public place, unless such dog is controlled by a leash not exceeding six feet {~'~ in length. A person's first violation of this section shall constitute an infraction punishable by afne oftwenty-five dollars {$25.00}. A, person's second violation of this section shall constitute an infraction punishable by a fne of fifty dollars {$50,00. A person's third violation ofthis section sha11 constitute a misdemeanor punishable by a fine of three hundred dollars {$300.00 and ninety {90} days jail, The Animal Control Officer may seize and impound any dog found in violation of this section. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this ____ day of November, 2012. APPROVED by the Mayor of the City of Meridian, Zdaho, this day of November, 20I2. APPROVED: -~r~. Tammy eez~d Mayor ATTEST: ~4~1LA'~1~D A~j~~~~ ~~~ City of E IDIA~ ee ~ t4AH~1 ity Cl ~~ w S~ ~ ti ~~~ v~~ ~f'~~ r~~~5°~6 ANIMAL CaiVTRO~ ~RUINIINCF UPDATE 1°AGE ~ OF 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.12-~ ~ 3 3 ~~ E CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE AN ORDINANCE OF TH - - EATING TO BARKING DOGS; AMENDING MERIDIAN CITY CODE SECTION 6 2 8(A), RE - - RELATING TO DOGS AT LARGE; PROVIDING FOR A WAIVER OF THE SECTION 6 2 8(D), READING RULES; AND PROVIDING AN EFFECTIVE DATE. r/+ ~/~ of s First Reading. / 7 r'~ T~~~ Adopted after first reading by sus nsion of the Rule as allowed pursuant to Idaho Code § 50-902: YES N4 Second Reading: '~" Third Reading: -' ~~ Ci of M ri ian ~~~., E IDIAN Mayor and City Council I Q A H O By: Jaycee Holman, City Clerk ~~ SF,AL ti ~r~~ o~~~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 12- 1533 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby ,~ certifes that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. - ~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3}. DATED this day of ~~- , 2012. ANIMAL CONTROL ORDINANCE UPDATE 04~'~~D Av~~sr l ~9 0~ 0 ~-~- William. L.M. Nary City Attorney PAGE 2 OF 2 Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Information Services/Human Resources: Department Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 8F PROJECT NUMBER: ITEM TITLE: olid Waste Adviso Commission: Recommendation Regarding the September 26th, S ry 2012 Ada. County Response Letter MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes . CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 7, 2012 ITEM NUMBER: 9 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS