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2013-08-20
�E IDIAN- CITY COUNCIL REGULAR ! D A H O MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, August 20, 2013 at 6:00 PM Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by None 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approval of the July 10, 2013 Budget Workshop Meeting Minutes B. Final Order for Approval: FP 13-034 Bellabrook Subdivision by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Final Plat Approval Consisting of Twenty -Six (26) Building Lots and Four (4) Common Lots on 4.38 Acres of Land in an R-15 Zoning District C. Agreement for Use of Kleiner Park for Barley Brothers Traveling Beer Show Special Event D. Award of Bid and Approval of Agreement to Bricon, Inc. for the "8th Street Park Restroom and Playground - Construction" Project for the Not -To - Exceed Amount of $131,228.50 E. Professional Services Agreement with TAG Historical Research and Consulting a/b/n of The Arrowrock Group, Inc. for Consulting Services for the City of Meridian Historical Preservation Commission F. Cooperative Construction and Reimbursement Agreement for Water and Sanitary Sewer System Improvements in the Tradewinds Subdivision Meridian City Council Meeting Agenda —Tuesday, August 20, 2013 Page 1 of 3 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. 6. Community Items/Presentations A. Hometown Hero Awards Presentation to Devin Johnston, Danyel Stager, and Zach Eddy 7. Items Moved From Consent None 8. Action Items A. Public Hearing: FY2013 Amended Budget of $82,872,393.00 B. Public Hearing: FY2014 Proposed Budget of $89,285,963.00 C. FP 13-036 Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 1/4 Mile East of N. Black Cat Road Request: Final Plat Approval Consisting of Four (4) Single Family Lots and Three (3) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts Moved to Item 5G on the Consent Agenda D. Public Hearing: RZ 13-006 Fast Eddy's by Steve Eddy Located at 710, 730, 750, 770 & 790 W. Ustick Road Request: Rezone of a 5.52 Acres of Land from C -N to C -C Zoning District Approved E. Public Hearing: CUP 13-006 Fast Eddy's by Steve Eddy Located 710 W. Ustick Road Request: Conditional Use Permit Approval to Extend the Business Hours of Operation in the C -C District When a Property Abuts a Residential Use or District From 11:00 P.M. to 12:00 A.M. on Fridays and Saturdays in Accord With UDC 11 -2B -3A.4 Approved F. Public Hearing: RZ 13-005 Bainbridge Subdivision by Brighton Investments, LLC Located South Side of Chinden Boulevard Midway Between N. Ten Mile Road and N. Black Cat Road Request: Rezone of 5.85 Acres of Land from the L -O to the R-8 Zoning District Approved G. Public Hearing: PP 13-011 Bainbridge Subdivision by Brighton Investments, LLC Located South Side of Chinden Boulevard, Midway Between N. Ten Mile Road and N. Black Cat Road Request: Preliminary Plat Approval Consisting of 551 Building Lots and 55 Common/Other Lots on 191.30 Acres of Land in an R-8 Zoning District Approved H. Public Hearing: AZ 13-006 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Annexation of 5.34 Acres from RUT in Ada County to the L -O (Limited Office) (1.71 Acres) and R-8 (Medium - Density Residential) (3.63 Acres) Zoning Districts Approved Meridian City Council Meeting Agenda — Tuesday, August 20, 2013 Page 2 of 3 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. Public Hearing: PP 13-010 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Preliminary Plat Approval Consisting of Three (3) Office Lots, Twenty (20) Residential Lots and Three (3) Common Lots on Approximately 4.52 Acres in the Proposed L -O and R-8 Zoning Districts Approved J. Public Hearing: Clerk's Office Fee Schedule Update K. Resolution No. 13-938: Update to Clerk's Office Fee Schedule Approved 9. Department Reports A. Legal/Human Resources Department: Ordinance No. 13-1569: Adding a Human Resources Director Position Bring back on 9/3/13 agenda 10. Future Meeting Topics None 11. Executive Session per Idaho State Code 67-2345(1)(c) — To Conduct Deliberations Concerning Labor Negotiations Or To Acquire An Interest In Real Property, Which Is Not Owned By A Public Agency Into Executive Session at 7:54 p.m. Out of Executive Session at 8:32 p.m. Adjourned at 8:32 p.m. Meridian City Council Meeting Agenda — Tuesday, August 20, 2013 Page 3 of 3 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. Meridian City Council August 20, 2013 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, August 20, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David Zaremba, and Keith Bird. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Bill Parsons, Glints Dolsby, Michael de St. Germain, Chris Amenn, Stacy Kilchenmann, Todd Lavoie, Steve Siddoway and Dean Willis. Item 1: Roll -call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Well, I would like to welcome everyone here this evening. I appreciate -- we always appreciate friendly faces out in our audience. For the record it is Tuesday, August 20th. It's 6:00 o'clock. We will start 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 in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by - None Item 4: Adoption of the Agenda De Weerd: Okay. No. 4 is adoption of our agenda. If -- Mr. Hoaglun. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: On tonight's agenda Item 8-C under Action Items, we are going to move that to the Consent Agenda. All the paperwork has been filed and is in the office in a timely fashion, so that will be item 5-G and remove it from 8-C. Under 8-K that resolution number is 13-938 and 9-A is Ordinance No. 13-1569. With that, Madam Mayor, I moved adoption of the agenda as amended. Meridian City Council August 20, 2013 Page 2 of 41 Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approval of the July 10, 2013 Budget Workshop Meeting Minutes B. Final Order for Approval: FP 13-034 Bellabrook Subdivision by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Final Plat Approval Consisting of Twenty -Six (26) Building Lots and Four (4) Common Lots on 4.38 Acres of Land in an R-15 Zoning District C. Agreement for Use of Kleiner Park for Barley Brothers Traveling Beer Show Special Event D. Award of Bid and Approval of Agreement to Bricon, Inc. for the "8th Street Park Restroom and Playground - Construction" Project for the Not -To -Exceed Amount of $131,228.50 E. Professional Services Agreement with TAG Historical Research and Consulting alb/n of The Arrowrock Group, Inc. for Consulting Services for the City of Meridian Historical Preservation Commission F. Cooperative Construction and Reimbursement Agreement for Water and Sanitary Sewer System Improvements in the Tradewinds Subdivision G. FP 13-036 Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 1/4 Mile East of N. Black Cat Road Request: Final Plat Approval Consisting of Four (4) Single Family Lots and Three (3) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council August 20, 2013 Page 3 of 41 Hoaglun: As previously noted, we moved Item 8-C to 5-G and 5-G now FP 13-036, Oakleaf Subdivision. And with that, Madam Mayor, I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. 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: Community Items/Presentations A. Hometown Hero Awards Presentation to Devin Johnston, Danyel Stager, and Zach Eddy De Weerd: Item 6 is under Community Item/Presentations and, Council, I'm going to move down to the podium. Well, it's always our honor to recognize acts of heroism in our community and I would like to invite several people to come up and join me as I read the story of why we have this item on our agenda. So, if Devin Johnston and Danyel Stager, I believe, was not able to come, and Zach Eddy, if you will come and join me up here, please. And, Zach, you can't be emotional, because I'm already a real emotional person. And, again, I think it is always an honor to be able to recognize individuals who continue to make our community a community that people enjoy living in and doing business in. This is certainly a special occasion that tonight we want to recognize the heroic efforts of three individuals in our community. On Thursday, July 18th, a vehicle parked outside of Fast Eddy's gas station on -- just off Ten Mile was overtaken with -- by a fire with a man still inside the vehicle. Three individuals, all employees of Fast Eddy's gas station, risked their own lives and took part in rescuing the driver of the burning car and now I will tell you a little bit about that event. Assistant manager Devin Johnston noticed that smoke was coming out from under the hood of a vehicle in the parking lot. At first glance he thought the car was just overheating. Within moments of seeing the vehicle cashier Danyel Stager said the flames began to consume the car. The windows shattered and the tires were melting. With all this happening so fast, those who had gathered around the vehicle noticed that there was still a man inside the vehicle. Thinking quickly manager Zach Eddy dialed 911, while Devin rushed into the vehicle, without regard to his own safety, wrapped his arms around the man and pulled him out. After he was free from the vehicle Danyel provided the man water and her jacket to help prop his head up until the paramedics arrived. This is certainly an incredible representation of bravery and character from all three of these individuals. We are very proud of your willingness to help your fellow being and Meridian City Council August 20, 2013 Page 4 of 41 without regard to your own personal safety. Now, I know our personnel -- our first emergency responders would tell you to not risk your own self, but without thought of another -- you went in there and you did the right thing and you saved a life without regard to your own and it's for those reasons that it's with my honor and great privilege to present you with certificates and we will put together something for the store as well that you can hang up if you would so desire. But this is the Hometown Hero Award. These are presented to Meridian residents who perform selfless acts of heroism, going above and beyond the call of duty in service to others in our community without regard for attention or personal gain. First I will present this to Zach Eddy in recognition of your significant role in saving the life of a man from a burning automobile and along with our congratulations and our heartfelt thanks for what you were willing to do. And, Zach, I also have some tickets for you to the Meridian Speedway to enjoy as well. Okay. Devin, this, too, is presented to Meridian residents who perform selfless acts of heroism, going above and beyond the call of duty in service to others in our community without regard or attention for attention or personal gain. This is presented to you in recognition of your significant roll in saving the life of a man from a burning vehicle and, again, with our heartfelt thanks and sincere appreciation. And we also do have a certificate, too, if you could also share this with Danyel. We appreciate the role that she played in this as well and again, I can't thank you enough for what you did. It was a selfless act and appreciate certainly the role that each of you played in this. So, thank you. Would you like to say anything? Rountree: It's not required. De Weerd: It's not required. Certainly on a personal note we do know the Eddy family. They have invested extensively in our community and so now I will do it. This -- this just shows another example of what a valued business you are in our community and we thank you. Item 7: Items Moved From Consent De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: FY2013 Amended Budget of $82,872,393.00 De Weerd: So, we will move to Item 8 under Action Items and I will open the public hearing for fiscal year 2013 amended budget of 82,872 or 872,393 thousand -- or whatever. I have to take a breath. And you all don't really have to stay for this. Lavoie: Madam Mayor, Members of the Council, it's a tough one to follow -- the honor and bravery that they had, but I'm going to do my best to make budget talk exciting. I'm here to present to you the 2013 budget amendments. I'm going to discuss the items that were presented to you throughout the year. So, basically, we are going to go for a year in review. Fiscal year 2013 budget year review. So, we are going to talk about the Meridian City Council August 20, 2013 Page 5 of 41 overall city budget, which increased 3.35 percent from the beginning of the year to today, then, the General Fund increased 15.6 percent throughout the year and, then, the Enterprise Fund actually went down 3.6 and I will go into detail over each fund as we go. Please ask questions as I go through this. So, the overall city budget, as we talked, went up 3.35 percent. The original budget was 80.1 million. We finished the year with 82.87 million dollars. And as you can see throughout the year we approved budget amendments that increased the personnel operating expense eight point -- about eight percent and, then, we also increased our capital a little over 11 percent throughout the year. The carry forward where it says down 32 percent, that's a little complicated, it's a budgetary factor that we start in July and, then, we adjust in January. So, we expect those numbers to always go down every single year. So, the two key components here are personnel and operating and the capital. Those are the two that I think we want to focus on. So, the overall budget for the city went up 3.35 percent. Throughout the year the city departments presented to you 44 amendments, again, increasing your budget by a 3.35 percent total. General Fund presented 31 of the 44, Enterprise presented 11 and, then, we also had two amendments for the Capital Improvement Fund. So, that gets us to the General Fund. The General Fund, as we said, went up 16.6 percent. Your personnel and operating expense went up 12.75 percent throughout the year. Your capital went up 14.95. Again, the carry forward we should see it go down every single year. So, we started the year off at 38 million, a little over that. We ended the year a little bit over 44 million. Some of the major items that you approved during the year -- obviously, the first one is the Petra lawsuit. We also had some grant awards that were granted to us. We had a Generations Plaza retrofit. And, then, we also had some transfers from the CIP that increased the budget by two million dollars. That takes us to the Enterprise Fund. The Enterprise Fund was down 3.6 percent in whole. Throughout the year they did not request any changes to their personnel or operating. Their capital went up 8.17 percent and their carry forward went down 52 percent. Like I said we should see that go down every single year. So, they started off the year at 41 million and they finished it a little over 39.5. Again, Enterprise Fund presented about 11 amendments to you. The items of -- the bigger items that they presented to you were water line extensions, 889,000, centrifuge replacement 214, and, then, Well No. 15 they had 130,000 dollars in those requests. And with that that's your year in review for the budget amendment of 2013 and I stand for any questions. De Weerd: Thank you, Todd. Council, any questions? Rountree: I have none. Bird: None that I haven't asked before. De Weerd: Okay. This is a public hearing comment or testimony on this item.? Okay 2013 -- Kilchenmann: Oh. No. Is there anyone who would like to provide Stacy. Do you have any comment on that Meridian City Council August 20, 2013 Page 6 of 41 De Weerd: Okay. Well, I will go ahead and entertain a motion from Council. If you would like to close the public hearing on that item. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Seeing no further testimony approaching, I move we close the public hearing on the fiscal year 2013 amended budget. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: FY2014 Proposed Budget of $89,285,963.00 De Weerd: Our next item, Item 8-13, is a public hearing on the fiscal year 2014 proposed budget of 89,285,963 dollars. And l will turn this over to our CFO Stacy. Zaremba: Do we want to adopt the amended first or do them both at once? Nary: Madam Mayor. De Weerd: Mr. Nary. You over there Nary: Madam Mayor, Members of the Council, we will have the amended budget ordinance on for approval next Tuesday. Zaremba: Okay. Thank you. Kilchenmann: Okay. So, welcome to the 2014 budget hearing. This will be fairly brief. Not quite as brief as 2013, so I hope if anyone in the audience has questions or any of you have questions you ask me. It does seem like we did it rather rapidly, but the back story is that we spent several -- well, two days with all of us together and, then, also several months working on this budget. So, the two starting slides just show the budget broken down by funding resources and broken down by budgeted expenses. So, the expenses show it by major programs. A couple of accounting details that we always talk about -- Todd talked a little about it -- of course, is the carry forward. What that means if we have large projects that we don't complete in one year, so we have to rebudget those in the next year and we refer to those as the carry forward, which carry forward inflates our budget, changes our budget as we talk about through the year. We also did something that we call transfers. We transfer 50 percent, basically, of support services to the Enterprise Fund to do their payroll, to do their legal work, accounting, et Meridian City Council August 20, 2013 Page 7 of 41 cetera. We transfer 15 percent of the Mayor's office personnel, excluding the Mayor, like the public information spokesperson, to the Enterprise Fund and, then, we also split City Hall cost between all the departments. We will try to do those transfers, but what we call below the line, so you can see the cost of the program, but you will see throughout the presentation the way the budget is noticed you might see it listed as a program itself and the one you see basically is the admin transfer to the Enterprise Fund. We also use the term use of fund balance as a funding term. This is generally -- we use it, of course, for the carry forward, but we also use it for -- we have what we call savings accounts where we plan to put aside money and we are going to use those to fund capital projects. So, this is what our total budget looks like, comparing FY -14 to prior years. The final budget -- a couple things to note. The total budget increased six million or eight percent over FY -13. Again, we have got carry forward increasing 154 percent. And like Todd said, by the time we get to January we will have removed the amount that gets spent during this year. Overall -- and this is the whole city, both -- all funds. Personnel increased five percent, with operating going down 36 percent. We made a kind of big budgeting change this year in that we stopped budgeting depreciation for the Enterprise Fund. The reason we stopped doing that is basically when we did the budget we were doing it on a cash basis, but we would stick in that depreciation and it really distorted the picture. So, the depreciation last year was 6.3 million dollars. So, that makes the Enterprise Fund go down significantly. And, then, we have some big one time General Fund items in '13 that were removed. So, if anybody goes back and looks at these graphs comparing the categories, those are some of the big differences. I'm going to start with the Enterprise Fund. The Enterprise Fund budget for FY -14 is 45 -- about 45.5 million, for the budget increase of 14 percent. So, there you see the comparisons year to year and the breakdown and, again, remembering that depreciation expense change of 6.3 million dollars. Carry forward in this budget is big right now. It's at 12.7 -- or 12.7 million dollars. So, that's the big reason for the increase. And, again, we will see that change. I'm going to talk just a little bit about the Enterprise Fund revenue sources. There is principally two sources of revenue. The fees people pay when they connect to the utility system and, then, our utility sewer and water sales. So, those accounts -- the importance of those two sources has -- shifts depending on what the construction -- what development is doing. So, since 2006 the utility sales have been the major source of revenue for the Enterprise Fund and if you look at the top graph you see that's dominated by sewer usage, because the sewer system is much more expensive to operate than the water system, so that top -- that top pie combines all of the funds -- the new funding sources for the Enterprise Fund. Sewer sales, though, the important one -- they pretty consistently grow at three percent per year the past few years and that's the amount of account growth. So, accounts have been growing about that much and revenue has been growing about that much. So, pretty much we target the budget, hit the budget. Water on the other hand, has had a few explosive years lately and I think this year it will probably definitely exceed what I budgeted for it and maybe next year -- but I'm hoping not, because I'm hoping it cools down and rains, but -- so, the water -- when you look at this revenue budget, the water probably is too conservative. But it's -- I'm conservative and it seems risky to plan on the weather. So, that kind of shows the growth compared to the number of accounts on the bottom graph. The other funding source are the Meridian City Council August 20, 2013 Page 8 of 41 connection fees and those are driven by development and building. So, again, in '13 they probably will be over budget -- or they will exceed the budget by at least two million dollars and probably could be more and I -- at the far right I have highlighted the two bars, because I budgeted their revenues about a 12. So, throughout this budget I will talk about I budgeted construction development about at 12 and they probably will be greater next year than what I budgeted. So, that money rolls into fund balance and that's used to fund future construction and I always -- you know, we have had growth this year, we had some growth in '12, but I always go back and look at my graphs and when it dropped off and say construction development equals uncertainty when you're budgeting revenue. So, I will briefly go through their enhancements and I just -- I have lumped them together. I'm not going to list every one. So, for personnel and operating their enhancement request is 2.4 million and their budget -- you see their entire budget over in the graph is 16 million. Their budget is almost equally split -- their P&L between personnel and operating. So, they did not ask for any personnel additions this year. They did get a big transfer -- almost a million dollars from the General fund, so they paid for part of the fiber project that I will talk about in the General Fund. They paid for half of an HR director, half of an IT -- some IT positions and half of an accounting position. Water. The other larger thing, water has 735,000 in operating for a variety of items, well treatments and software implementation. Wastewater had 260,000 pretty much for a new lab and admin building -- or furniture and fixtures for the new building. So, if we look at water capital requests of 4.2 million dollars and some of their larger items is the final funding for the ground -- for ground reservoir number, 1.2 million. At wells, lines, and mains for 2.1 million. They are looking for land for ground reservoir -- I have that reversed. Ground reservoir number two for 350,000. More funding for SCADA for 400,000 and, then, they are doing their own fiber project for 200,000. Wastewater new capital is 11.7 million, so, again, wastewater is a big -- big department here. They are finishing the lab -- the new admin lab and operations building for 6.2 million, making continued plant improvements for 1.5 million. Making some improvements to the ground and, again, more to the plant and maintenance for 1.1 million. Doing line, main, and replacements for 2.1 million and, then, their fiber and some SCADA improvements and lab software for 715,000. That's is the Enterprise Fund. The General Fund I'm going to talk a little bit first about the funding sources. So, the graph -- the bar graph is one I always show during a public hearing and do a budget time and that yellow -- that bright yellow shows the amount of money we have when we sit down and we spend those two days and the directors spend time and say what can we do next year. What new programs can we do. We call it in budget lingo discretionary revenue. As you can see it gets a little smaller and a little smaller each year. This year we started out and we had two point -- about 2.6 million dollars available to spend on enhancements. We did replacements and capital of 1.3 million dollars, which is a little higher than we usually do, which I will talk about later. So, when we -- after we did that we had 1.2, 1.3 million available for budget additions. We also used some other funding sources. So, we used some fund balance amounts per our capital improvement plan, 4.3 million. We use impact fees of about 1.5 million. We had some transfers, which those are basically extra funding from rural fire. Then we also had that split with the Enterprise Fund. The Enterprise Fund gave us 219 -- well, they didn't give us, but they are supporting those admin staffs for 293,000 and, then, sharing the fiber project with us for 700,000. So, in Meridian City Council August 20, 2013 Page 9 of 41 addition to just our new revenue that we forecast to bring you for FY -14, we used almost seven million dollars in other funding sources. So, the revenue assumptions I used are conservative. I tried to look long term and ignore growth spurts and pick ups and ups and downs. The total budget revenue increased six percent over the FY -13 budget and I used again the model of FY -13 activity -- or FY -12 activity and those charts show you residential and commercial building permits. The FY -12 is where I budgeted '14 and '13 is where we are year to date -- or where we were year to date in June. You can see that we are doing better than budgeted and better than '12 in '13, but we use that excess revenue -- those enrolled into our capital improvement plan into the balance. Another thing about our revenue is that our rural district expense sharing reduced from 20 percent to 16 percent. So, it was about 300,000. Kind of made up for that, because they changed -- the state caught up with the new population figures and changed how sales tax is calculated, which increased our share of the pie. And I talked about the building permit level I used. Franchise fees and court revenue, those are probably our next largest sources of revenue. They don't change much. And any increase in parks recreation revenue is offset by cost. So, this is kind of what our new revenue looks like at 34.8 million dollars and where the bulk of it comes, which is from property tax. I also wanted to talk -- touch a little bit on fund balance. So, what I looked at is where will the fund balance -- where do I think the fund balance will be on October 1st, '14. Or first. So, that's just a month and a half -- or a couple months away. So, we begin the year -- or we ended -- or we estimate we will end the year if we spent everything we budgeted, which we always make that assumption that we will eventually spend all our capital projects at 14.8 million. We conservatively will have at least 1.2 million dollars from building activity. We used 1.9 million net to balance the '14 budget, then, we -- so, that leaves us a starting year about 14 million, then, we do our walk -- pretty large operating reserve, ten million, so that leaves us starting '14 with 3.7 million dollars. So, you can see we are kind of going back into saving mode now. So, just a little bit about property tax. We always have to stress that all the property tax numbers are preliminary. We don't have final numbers. So, this year we have the -- in '14 we will have the impact of the new personal property tax exemption, so for the current year we are allowed at all -- ale of the personal property tax in to calculate our levy rate and they will calculate a levy rate and they will calculate the amount that will be our replacement and if I read -- if I read the law right or if I read the -- yeah, the law right, that will be the amount we will get from now on out. It won't change. And they said there are some technical problems with the bill that will need to be fixed next year. Next legislative session -- or session. So, our taxable value of the whole city increased 13.5 percent. That's a pretty big increase considering we were -- we were seeing pretty major decreases not too long ago and our levy rate decreased about six percent so far. We just --just a note that our exemptions that have been passed in the last two years total about 24 percent of our total market value. So, when I talked about our market value increasing then, you have to take out all these new exemptions that we have been dealing with. The homeowners, which, of course, has been here for a long time. We have the speculative land, the site improvements, miscellaneous for certain industries and now we have the personal property tax. So, for our 20.5 million dollars in property tax revenues, new construction, which was a value of 127 million, is 570,000 dollars worth of property tax. We got a whopping 3,000 dollars from annexation and our base increase was 480,000. Meridian City Council August 20, 2013 Page 10 of 41 Talking about property taxes is almost as fun as a burning car. Okay. So, to wrap up and go through the enhancements, the General Fund, a '14 budget of 43.2 million dollars. Our operating expenses decreased. We had a few unusual items in '13. We had an impact fee payment to rural fire of 600,000 dollars. And we past the impact fees through them to repay them for the Fire Station 5 that they built and we had the -- as Todd talked about, the final settlement in the City Hall legal matter. The carry forward has increased, so that makes our budget look larger and that's because we have a few large projects that we have been saving for and adding money to that are building up. The '14 budget, as I mentioned before, has a larger amount for replacement and computers than normal. For example, it's usually around 700,00 and the reason is that we are replacing a fire engine for 4.2 million, which is pretty -- which is substantial compared to the things that are usually on our replacement list. Personnel increased -- expense increased five percent and we have 6.7 million dollars in new capital projects compared to four million last year -- or this year. So, I'm just going to briefly go through what our major enhancements are in the General Fund with a break out of what the General Fund looks like on the personal operating side and the new capital side and always noting public safety makes up the majority of our General Fund budget. This budget does include a transfer of 1.9 million from the -- from the administration of the Enterprise Fund. So, that is in admin. So, the admin budget request this year is 2.2 million -- 1.2 million and includes two new City Council members, so we have their salary and their benefits. The large item is 1.4 million that we will split the Enterprise Fund for our fiber project. We have some smaller programs that were funded. Street lights -- we have an additional Valley Ride transportation amount. We have some funding for the historical society website in mind, city survey, all smaller projects. IT replacement servers and computers total 237,000. Many of those are different -- different departments to the budget but are managed by IT. We have a new IT computer specialist and IT administrative assistant. A financial analyst for the accounting department and an HR director. Community Development, they have two small enhancement requests, 30,000 for -- to add to the North Meridian Planning existing funding and some enhancements for the software. Parks Department has over 500,000 dollars in impact fee projects. They are putting a well in the 77 acre park, which isn't annexed, but need to preserve the water rights. Park master plan and some construction documents. We are putting some -- saving money towards the field house, doing our pathway projects that we do every year and, then, a cost -share landscape project with ACHD. The Police Department. They have replacement capital of about 360,000. Mostly for vehicles. They have been doing their -- they are changing their animal control services model from in-house to contracting the Idaho Humane Society. So, that's something they have worked long and hard to do and when it all comes out net only a 137,000 dollar annual increase. They are adding a special victim's investigative -- investigation detective and, then, we added some more money to our savings account for a new training center. Fire. So, they have the replacement and -- vehicle and equipment budget of 800,000 with -- I talked about the fire truck that was a large item and, then, they are also doing some major replacement of cardiac monitors. They are hiring a records clerk. They are asking for one additional staff vehicle and, then, they have various small items of equipment that total about 257,000. So, that concludes FY -14. Are there any questions? Meridian City Council August 20, 2013 Page 11 of 41 De Weerd: Council, any questions for Stacy? No? Thank you. We have been listening to -- we have been involved in our budget since February, so we have asked all of our questions. Any comments or questions from members of our public? Bird: Madam Mayor? De Weerd: And to our Boy Scouts that's for sitting through our budget presentation. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on FY -2014 proposed budget of 89,285 -- Zaremba: Second. Bird: -- 963 dollars. Zaremba: Oops. Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: And as Mr. Nary had informed us, these will come back in ordinance form at a future meeting. C. FP 13-036 Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 1/4 Mile East of N. Black Cat Road Request: Final Plat Approval Consisting of Four (4) Single Family Lots and Three (3) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts Moved to Item 5G on the Consent Agenda De Weerd: Item 8-C was moved to the Consent Agenda. D. Public Hearing: RZ 13-006 Fast Eddy's by Steve Eddy Located at 710, 730, 750, 770 & 790 W. Ustick Road Request: Rezone of a 5.52 Acres of Land from C -N to C -C Zoning District E. Public Hearing: CUP 13-006 Fast Eddy's by Steve Eddy Located 710 W. Ustick Road Request: Conditional Use Permit Approval to Extend the Business Hours of Operation in the C- Meridian City Council August 20, 2013 Page 12 of 41 C District When a Property Abuts a Residential Use or District From 11:00 P.M. to 12:00 A.M. on Fridays and Saturdays in Accord With UDC 11-213-3A.4 De Weerd: So we will move to the public hearing on Item 8-D, which is for RZ 13-006. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next applications before you are a request for a rezone and conditional use permit. This site consists of 5.52 acres of land, is currently zoned C -N, and is located at 710, 730, 750, 770, and 790 West Ustick Road at the northeast corner of West Ustick and Venable Lane. There is an existing Fast Eddy's car wash, convenience store, and fuel facility at the corner of Venable and Ustick. There are existing office buildings on the other lots on this site. The convenience store was approved to operate 24 hours a day as a provision of the currently development agreement. The applicant is requesting approval to rezone the 5.52 acre site platted as Cedar Springs Subdivision No. 6 from the C -N to the C -C zoning district, consistent with the future land use map designation of mixed use community with a neighborhood center overlay for this site. The applicant proposes to move the convenience store and adjacent building on a lot to the east from here to the one right here. Fronts on Ustick. The existing C store will then be used for storage. This is the site plan. This is the existing convenience store here and Mr. Eddy is proposing to move it over here to the east. The primary reason for the rezone is for extended hours of operation for the convenience store in the new location. The current C -N district limits hours of operation from 6:00 a.m. to 10:00 p.m. In the proposed C -C district business hours are restricted from 6:00 a.m. to 11:00 p.m. when adjacent to a residential use or zone. However, the unified development code does allow for extended hours to be requested through a conditional use permit. Because there is an existing residential use that abuts this site to the east, the applicant is requesting a conditional use permit to extend the hours of operation of the convenience store from 5:30 a.m. to 11:00 p.m. Monday through Thursday and 5:30 a.m. to 12:00 a.m. Fridays and Saturdays. Back up here for a minute to the aerial. This is where the existing residence is located. That is the only one that abuts this site. The Commission recommended approval of the proposed rezone and conditional use permit. Steve Eddy testified in favor. No one testified in opposition or commented on the application. Steve Eddy, the application, submitted written testimony in response in agreement with the staff report, as did Clyde Brenniger, the neighbor -- residential neighbor property owner to the east submitted a letter in support of the application. Key issues of the discussion by the Commission. They discussed pretty heavily that the UDC does now allow requests for extended business hours of operation in the C -N district, thus necessitating a rezone solely for business hours. The Commission did not make any changes to the staff recommendation and no written comment has been submitted since the Commission hearing. There are no outstanding issues for Council. Staff will stand for any questions the Council may have. De Weerd: Thank you, Sonya. Any questions for staff? Meridian City Council August 20, 2013 Page 13 of 41 Rountree: I have none. Bird: I have none. De Weerd: Thank you. Would the applicant like to make comment? I thought we would have Tracy come up. Eddy: He's scared. Steve Eddy. 770 Ustick, Meridian, Idaho. Madam Mayor, Members of the Council, I think Sonya has done a good job of explaining what we are trying to do here and I think we went and met with the only residential owner to the east and he agreed with our proposed use, so I really just would like to answer questions if guys have any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: Madam Mayor. Were there comments from ACHD? Eddy: No. Watters: I don't believe I received any. Rountree: Okay. Eddy: ACHD did comment and there is two pedestrian ramps they want replaced and, then, they didn't really see, as we didn't see, any adjoining or new traffic issues or concerns. They read it pretty much exactly the same. Rountree: Okay. Eddy: So, we have that comment from them. Rountree: Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I was going to ask a similar question. I didn't know where Councilman Rountree was going with it, but it looks like, then, the main access for the new store would be the entrance to the east. I know when I go there there is -- I can go into the turn lane and turn on West Venable or go up and if there is heavy traffic coming from the light from the east you block traffic that's headed east, because there is no turn lane there and that's why I was kind of curious to see if ACHD was requiring any turn lane -- center turn lane at that location, because there are times with park activities and Meridian City Council August 20, 2013 Page 14 of 41 different things it just is a bottleneck and if people would turn at West Venable it really helps, but some just don't realize it or don't care, but anyway -- so, that's why I was kind of curious what ACHD had to say, which is nothing. Eddy: And I think part of their reasoning was is with the new road they are proposing right now and the meeting being just last week on that road. That will be repaired with the extension improvements on Ustick Road. I'm assuming that's why. Hoaglun: Yeah. And, Madam Mayor and Mr. Eddy, yeah, I believe that's -- but I -- do you remember what the time frame was for that? I can't recall off the top of my head. Eddy: Well, they showed acquisition and planning now and in '14, acquisition in '15 and, then, when I met with them they haven't -- from what they told me decided if they are going to start at Ten Mile or start at Locust Grove, which way makes more sense. They have more right of way already acquired they said from Ten Mile headed east than they do the other leg, but it's '15 or'17 is what -- the closest they can tell me. Hoaglun: Okay. That's what I thought I knew, it was out there a ways, but just -- thank you. De Weerd: I think probably closer to '17. Any other questions? Rountree: I have none. De Weerd: Okay. Thank you. Eddy: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Council, seeing none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more public testimony, I move we close the public hearing on RZ 13- 006 and CUP 13-006. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Items 8-D and E, public hearings for RZ 13-006 and CUP 13-006. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council August 20, 2013 Page 15 of 41 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve RZ 13-006 and include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to close -- or to approve Item 8-D. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 13-006 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-E. 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: I will say Fast Eddy's has quickly established a reputation that other communities desire. You always provide a facility that is nothing like anyone else sees and I know this -- this particular location's kind of bothered you, because you bought it as is and I can only anticipate you're going to bring it into the standards that you have set for yourself and you're raising the bar. So, thank you for being here and, again, Zach, thank you so much for all that you have done. ] F. Public Hearing: RZ 13-005 Bainbridge Subdivision by Brighton Investments, LLC Located South Side of Chinden Boulevard Midway Between N. Ten Mile Road and N. Black Cat Road Request: Rezone of 5.85 Acres of Land from the L -O to the R-8 Zoning District Approved Meridian City Council August 20, 2013 Page 16 of 41 G. Public Hearing: PP 13-011 Bainbridge Subdivision by Brighton Investments, LLC Located South Side of Chinden Boulevard, Midway Between N. Ten Mile Road and N. Black Cat Road Request: Preliminary Plat Approval Consisting of 551 Building Lots and 55 Common/Other Lots on 191.30 Acres of Land in an R-8 Zoning District De Weerd: Okay. Item 8-F and G are public hearings on RZ 13-005 and PP 13-011. Open these public hearings with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next applications before you are a request for a rezone and a preliminary plat. This site consists of 191.3 acres of land, currently zoned R-8 and L -O and is located on the south side of West Chinden Boulevard between North Ten Mile and North Black Cat Roads. This property was previously included in preliminary plats for Bainbridge and Keego Springs Subdivisions in 2005. Bainbridge preliminary plat is still valid, while Keego Springs has expired. The applicant proposes to rezone 5.85 acres of land along the northern boundary of the site adjacent to Chinden -- the little portion you see here in purple -- from the L -O to the R-8 zoning district. The proposed R-8 zone is consistent with the medium density residential future land use map designation for this site. A church was originally planned for this area, but ended up being constructed on the east side of the development adjacent to Ten Mile on the purple area here. The current development agreement requires conditional use approval of all future uses on preliminary plat lots two and three, Block 15, which is the L -O zoned portion proposed to be rezoned and the surrounding R-8 portion planned for residential development. The applicant intends to apply for amendment to the development agreement to remove this requirement. Staff recommends when the agreement is amended that the existing provisions in the Keego Springs and Bainbridge development agreement be incorporated into one new agreement, which would replace the existing development agreement. Preliminary plat is proposed consisting of 551 single family residential building lots and 55 common other lots on 191.3 acres of land in an R-8 zoning district. A phasing plan was not submitted with this application. Access is proposed via Broadbent Way, a collector street, that runs along the north boundary of the property off of Chinden and Ten Mile Roads and local streets are provided for internal access and from Black Cat Road on the west. Staff is concerned with the configuration and access to the lots at the southeast corner of the site noted in red here and would like the applicant to address the plan for this area. The area to the south is zoned for commercial uses and a public stub street is not shown on the development plan that the city does have on file. Just another note, the applicant is showing a stub to the south boundary here. As staff was looking at the development to the south, Volterra, it came through a couple different times as preliminary plats. The first preliminary plat did show a stub to the north in this location, which is what the applicant matched. The most recent plat that was approved for Volterra did not show a stub here. It currently appears that this stubs to either a common area or as mentioned that it might possibly be the school owned property here and this road may be extended still. So, there is a little bit of question there. Staff did Meridian City Council August 20, 2013 Page 17 of 41 not require this stub street be extended to the south, because of the current configuration of the approved plat in this area with the Council on that. Street buffers in accord with the UDC standards are proposed along Black Cat, Chinden, Ten Mile, and Broadbent. A segment of the city's multi -use pathway system is required along Chinden. A total of 31.66 acres of land or 16.55 percent of the site is proposed for open space, consisting of detached sidewalks with parkways, street buffers, a large open grassy area and a 7.43 acre public park that has been dedicated to the city and that's this large area here. Nine site amenities are required to be provided based on the area of the development. The applicant proposes to provide pedestrian pathways leading to and around the public park. An additional five percent open space, a multi -use pathway along Chinden, fitness stations, sports courts, picnic areas and two to three play structures. This is a color version of a plan that shows the landscaping. Building elevations showing a variety of styles have been submitted that appear to be of quality design and materials in accord with the city's design guidelines for residential developments. The Commission is recommending approval of this application. Mike Wardle testified in favor at the public hearing. No one testified in opposition or commented. Mike Wardle submitted written testimony in response to the staff report. At the applicant's request there were several changes approved by the Commission to the conditions as shown in Exhibit F -- excuse me -- Exhibit B of the recommendation document you should have there. Key issues of discussion by the Commission were the design of the lots at the southeast corner of the site as I previously mentioned and their access from the commercial development to the south. Access to the school property via a pathway along the southern boundary of the site. Again, this is the school property here and it does expand to the south here. The requirement for the removal of the planter islands in the cul-de-sacs and emergency access to the cul-de- sac lots. Those were shown in the little bulb outs here you see. And the requirement for compliance with block length standards. Mike Wardle did submit written testimony since the Commission hearing in response to the recommendation to Council and the applicant is in agreement with everything now but the block length requirement. The Commission was not in favor requiring Blocks 9 and 31 to be revised to comply with the minimum block length standards required in the UDC and recommended Council approve a waiver to this requirement. That is covered under condition number 1.2.1C. Just to note, the UDC does not allow for a waiver to block length requirements. A variance would be required if Council chooses to pursue that and entertain the approval of such. Staff will stand for any questions Council may have. De Weerd: Thank you. Council, any questions? Hoaglun: Madam Mayor, question for Sonya on that. I just want to make sure I understand that. Reading the box here it talks about how it was -- they are -- are exactly as approved in the original Keego Springs project and the still valid larger lot area of the original Bainbridge preliminary plat. So, what I was kind of curious about -- we require a variance, but if it hasn't changed doesn't it still apply to those block lengths or -- can you enlighten me on is there a change that requires a variance? Meridian City Council August 20, 2013 Page 18 of 41 Watters: Madam Mayor, Councilman Hoaglun -- correct me if I'm wrong, Mr. Nary, but the previous plat was under -- reviewed under a different code. Our ordinance has changed since then. This is a new preliminary plat, therefore, staff has reviewed it for compliance with current city code. Although it may be in the same configuration and design whether or not it complied with the ordinance at that time or whether staff missed it at that time -- it's not quite in compliance with our current city code. Hoaglun: Okay. So, this is a new plat? Watters: A new plat. Yes. Hoaglun: Thank you. De Weerd: Okay. Any other questions for staff? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: The comment from the Commission -- requirement for removal of the planter islands in the cul-de-sacs and emergency access to the cul-de-sac lots. Does that mean you're removing the emergency access to the cul-de-sac lots or you're supposed to be providing access to the cul-de-sac lots? Waters: The fire department -- excuse me, Mayor and Councilman Rountree, Councilmen, if I understand you correctly I will try to answer your comment question, but the fire department requested that the cul-de-sac planter islands be removed for ease of access to those lots located at the end of the cul-de-sac there. They have problems -- speak up here if they -- they have problems sometimes with people parking on both sides of the planter islands and, then, the -- if there is an emergency the fire truck is not being able to make the turn and get around those or access that area. De Weerd: Any other questions for staff at this point? Rountree: I will just remove some language to this comment, then, apparently. De Weerd: Okay. Would the applicant like to make comment? Good evening. Wardle: Good evening. Madam Mayor and Members of the Council, Mike Wardle, Brighton Corporation, 12601 West Explorer Drive in Boise. De Weerd: Thank you. Wardle: If we need to get into a lot of detail this evening I do have a no tech presentation that I would hand out, but I think we can address the issues from the graphic that's on the screen in front of me at this point. I would note that one of the first Meridian City Council August 20, 2013 Page 19 of 41 comments that Sonya made was the fact that the Bainbridge portion of this project is still valid. What is new about this application is the merging of what was formally Keego Springs, which lost its approval status several years ago, because it was not removed, but in reality we have simply incorporated those two projects together. Brighton will develop both parcels. In addition, with the change that staff's noted from the church site -- and I'm not certain if I'm technically competent to do this, but there was a church site originally up here at the corner of Chinden and what is now Tree Farm Way. That church site was moved over to the Ten Mile location and as a result the change of zone from the L -O that was originally there for the church and, then, the detailing of the area around it, which was not originally platted in the preliminary plat. So, the only things that have occurred with Bainbridge are just that relocation and some adjustment in the lots associated with that change of church site. Nothing else changed in the project with one other -- with one other exception that is initially in the original preliminary plat we did not have a connection from that southwesterly corner into what is now Keego Springs and I'm -- if I push the red button up here does that get me the -- Watters: Yes. Wardle: Okay. That roadway connection was not originally there. Keego Springs came in later and so when they showed their roadway stubs and they had the two that are shown, we provided linkage between the two with that roadway extension from that small park area. Their access points have not changed. We did merge the two projects together, but we stayed consistent with what was originally approved in Keego, but what is still valid in Bainbridge. Now, the other lots that are -- excuse me -- block length issue is that particular segment. That block has not changed from the original to the existing and, again, it is still valid. So, I suspect that maybe we are dealing with a technical question, but from our perspective it becomes substantive, because it means modifying by some additional elements that we don't necessarily take -- if it was a pathway or something it does not take people anywhere that they would necessarily need to go, it would just be a technical hoop to be jumped. With regard to Councilman Rountree's question about the cul-de-sac planters -- and that applies only to those areas and I would simply note that while this fire department recommended that they not be there, in reality they are placed in projects that we continue to do today. We do planter areas in cul-de-sac -- in this case knuckles as they are so called. If those planters were not there -- and they do not impede -- we still meet all fire department standards in terms of asphalt width and clearances and, frankly, they are no parking areas as a result. But if those planters are not there they become huge seas of asphalt and they are greatly -- well, they're unsightly and not -- not a very good community amenity. So, this is really nothing new. These are not being proposed in kind of a new -- in fact, in our project to the north, Spurwing Greens, we have a number of these that have been platted within the last several years. De Weerd: I have one in front of my house and other than the occasional motorist who gets confused and thinks they need to drive through it -- it's all good. Meridian City Council August 20, 2013 Page 20 of 41 Wardle: Thank you, Madam Mayor. I -- this we don't consider -- we think that this is an important amenity to be retained. It's certainly not a life safety issue from the perspective of the fire department, because we will meet all of their standards and requirements. Sonya did mention the area in the southeast corner and we did indicate at the time of Planning and Zoning Commission consideration that we would address that issue. The Volterra project has actually not revised their preliminary plat for that portion of their project, but it was consistent when they originally went through the process. So, if they have, indeed, made and committed to changes there we will address that question before we come back with any final plats in that area. So, it's something to be looked at, but it's not a critical design issue at this point. We would note, however, that it was -- and that's -- yes. Sonya has pulled this up, but this is a change that has been made since the original platting was done. They had not preliminary platted this of their project. Their preliminary plat modifications were to the west. So, we will deal with that question by the time we get to and we are still waiting and waiting and waiting for the Volterra folks to provide us with their CAD drawings so that we can mesh these two projects together. One of the conditions required that we do that, so that we can make certain that all of these stubs north and south do connect. We believe they do, but we are still awaiting CAD drawings from Volterra to assure staff of that. I would note just that the Planning and Zoning Commission did agree with all of the recommended changes that were present to them and discussed in depth at their hearing last month. The only issue is that of those two block lengths and we believe that because we still have a valid project in Bainbridge and your action on April 16th the Council action actually approved the extension of that project as it was presented at that time. So, we ask for your concurrence with the recommendation of the Planning and Zoning Commission, even over the technical issue that staff has raised with regard to those two block lengths. We will be happy to answer questions or get into my low tech presentation and get into the details if you choose. I suspect that Mr. Turnbull will probably also have some comments. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mike, will you speak to the access that's shown into the future elementary school property? Is that your intent or is your intent ultimately is maybe that's a pathway and you don't know what's going on with the school I'm sure. Wardle: Councilman Rountree, when we submitted this application it was my oversight, number one, not to include the parcel that originally came out of that Keego Springs project that shows a future Meridian elementary school. So, we had provided from the school district their affidavit and deed, so that that parcel can be brought into the plat. However, Volterra, when they made their preliminary plat change deleted the street stub access between the two. Now, the Volterra -- yes. It appears to us -- and, again, when Volterra provides us with their CAD drawings and we can see where these all align, it appears that the road stub actually is within a common lot that they did in their revised preliminary plat. However, the developer said that they actually included the street stub Meridian City Council August 20, 2013 Page 21 of 41 in the school property. So, we have asked the school district that if, in fact, that is true, do they want that street -- are they going to provide that right of way in the design and the construction of that when they do that school site. I sent that request to Dr. Gestron a week ago. I have not heard back from him on what their intent is. So, I think the condition as it's written right now is that if that stub is necessary it will remain, if it's not we will replace that with another lot. So, that's a question still up -- frankly, it's in the hands of the school district to address. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question along the same lines. I was thinking our subdivision where Hunter Elementary is located we have a similar deal, we have a street access, but the portion of the subdivision is behind the school -- a major portion and they have an access to that school on school property, but there is a pathway that gets them on there and trying to -- is that something you would do in the final plat is show where that would be located if it could be located once you have more idea from the school district what their plans are? Wardle: Madam Mayor, Councilman Hoaglun, good point and these are things that have been addressed in the conditions and I will show you what the intent is. Now, if that area becomes a lot, there is still frontage in this location. We will in addition provide a micropath from that location and, then, there is along the south boundary of our property a 15 foot corridor that takes advantage an existing irrigation lateral. That 15 foot corridor will be a landscaped area with a pathway connection. So, there will be -- if the street doesn't go through there will be three pedestrian access points, north, west, and east. Hoaglun: Great. That micropath, yeah, that's what I was looking for. That works well. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm just trying to clarify on the prep sheet that we were handed under key Commission recommendations -- or changes to staff recommendations, item four is that what you were just talking about? Talking about a micropath connection in Block 6 to the school property, but it says this does not require it and I'm just wondering are we talking about the same thing there or -- I'm not understanding. What I'm reading I thought it relates to the conversation. Watters: Madam Mayor, Councilman Zaremba, Item J states include a micropath in Block 6 to the school property from the east and the north. That's how the condition originally read. Meridian City Council August 20, 2013 Page 22 of 41 Watters: With the pathway along the southern boundary of the site the Commission agreed that it would only be necessary to provide a pedestrian connection from the north to the school site. So, they did modify that. Zaremba: Okay. And that is what we were just talking about. Wardle: Madam Mayor, Councilman Zaremba, that is included and we concur with that Zaremba: Okay. Thank you. Watters: However, I might add to that, Item L in that section states to remove the stub street North Unsford Way, which stubs at the south boundary to Volterra Subdivision an additional residential lot may be provided in its place. That can be modified if the Council doesn't feel that's appropriate given the discussion. Wardle: But, Madam Mayor, I would simply note that when the school district addresses the question and it plays out, we will deal with it accordingly. If they -- if their intent is to have a street and they actually acquired the street right of way area, we would work with them to make it happen. If they did not and they don't have that desire, then, that condition as it reads, frankly, would be just fine. Hoaglun: Madam Mayor, while we are on L, Sonya, under L after the applicant response, which is in blue, there is a dark balloon prior to the City Council meeting the applicant -- is that staff comment, is that condition, whose language is that? It just happened to be bolded and that's why I was curious as to what -- Watters: Mike probably can answer that. That's his response to the staff report. He submitted the response to the original staff report and this -- the one that he submitted today was just, basically, the new items were right at the top and it was -- we were in agreement with everything except for the block length. So, I didn't run through all that again, but we certainly can if necessary. Wardle: In specific answer to your question, Councilman Hoaglun, that particular bolded section was actually staff inserted information and, then, I added it and if you see it in color there is some red, we added the red and the Commission concurred, so -- Watters: We had a color coded conversation going on there. The applicant response and, then, staff response to applicant's response -- it's all worked out now. Wardle: But the original statement was actually staff's statement. Watters: Yeah. Meridian City Council August 20, 2013 Page 23 of 41 Hoaglun: Okay. Thank you. Watters: Prior to the City Council meeting the applicant shall -- yeah. That was staff. De Weerd: Okay. Anything further from Council? Bird: I have none. Wardle: Thank you very much. De Weerd: Thank you, Mike. This is a public hearing on Items 8-F and G. Is there anyone who would like to provide public testimony on either of these two items? Turnbull: Madam Mayor, Members of the Council, David Turnbull, 12601 West Explorer Drive in Boise. De Weerd: Thank you. Turnbull: I guess -- I will try to be brief. Inasmuch as the staff, Planning and Zoning Commission, we are all in agreement, except for with staff on one point, which is block length, I will try to limit my comments to that and just reiterate what Mike said. We have a valid preliminary plat on this project, which we have maintained. It shows the existing block length on those two blocks. So, that's a valid preliminary plat. The only thing we have tried to do here is bring in Keego Springs, make it more in tune with Bainbridge, so we have connectivity now between Ten Mile and Black Cat, Chinden, entire connectivity through this essentially half section of this property and I think what we have done is do nothing but improve the property. So, we would appreciate your concurrence on that. I don't even think it demands or requires a waiver or a variance, since it's part of an existing preliminary plat. The other point I would make -- and this is sort of off the topic, but to note that we have had this preliminary plat in existence before anything to the south, Volterra. We worked extensively with Frank Varriale through this process and we have had certain agreements that we will see that -- if they -- if the existing owner maintains those in agreement with Mr. Varriale, but the one thing I would like to note that we are being asked to obtain street stubs from Volterra, so to make sure that we align with theirs. It should be the other way around. We were first. They should be aligning with ours. And so I would like to make note of that and have that be, you know, so directed to staff. And with that I would just stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Turnbull: Thank you. Meridian City Council August 20, 2013 Page 24 of 41 Rountree: Thanks, David. De Weerd: Thank you. Any further testimony? Okay. Council? Bird: Madam Mayor? DZa►I=MIVAiM0.3RiA Bird: I guess we are -- hearing no more discussion, I move we close RZ 13-005 and PP 13-011. Rountree: Second. De Weerd: I have a motion and a second to close the public hearings on Items 8-F and G. All those in favor say -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: I have some questions that probably ought to be asked before we go out of public hearing, just in case we want the comments on the record. And my questions are for -- De Weerd: Okay. Before you can ask them I do have an active motion. Do you want to withdraw? Bird: Yes. De Weerd: Okay. Hoaglun: Second concurs. De Weerd: Okay. Thank you. Not on that kind of a motion. So, go ahead if you have questions. Rountree: My question, Bill, is with respect to the block length issue and I understand what -- what the applicant is saying. I also understand what we have with respect to our ordinance. Yeah, it might be a minor technicality, but the minor technicality is that we can't ignore our ordinances. So, is there a work around because we have approved the preliminary plat in both these instances that, in effect, got us where we are or do we have to go back to the beginning and, in effect, just to be consistent with our ordinances, look at a variance hearing? Nary: Madam Mayor, Members of the Council, Council Member Rountree, I guess in looking at the -- what's been provided so far in this discussion -- and I guess I Meridian City Council August 20, 2013 Page 25 of 41 understand your quandary, because I think what I heard from the staff was that this is a new plat -- or a new preliminary plat that we are looking at and therefore -- and that complies with our current ordinance. But a portion of it, the pre-existing one, had -- and I can't remember what Sonya said specifically, but already had a variance on it or whether a variance would have been needed under our old ordinance. But I guess I'm kind of in the same quandary that you are, that I think the staff -- I think we are all kind of stuck in the same place and we have ended up with this dilemma where we have got this conflict between them. Certainly a variance is a cure, but I don't know that it's necessary. I mean it seems like it's -- that's almost more process than is really needed to try to make this fit. So, in other words, instead of ignoring our ordinance, I think we are saying under the current ordinance this plat is compliant. Now, did I -- did I misunderstand that from the staff report? Because that's the way I read it. Watters: Madam Mayor, do you want me to respond to Mr. Nary's -- De Weerd: Yes. Watters: Under our current city ordinance the dimensions of the block length do not comply. Nary: Okay. Watters: The original plat for Bainbridge was approved in 2005, as was Keego Springs. Keego Springs has expired. Bainbridge has not. However, the applicant is correct, they do still have a valid preliminary plat for Bainbridge. I'm not sure that we can -- I guess that's a question to you. I'm not sure that we can pick and choose. If we are going with a new plat are we going with it entirely or can they still come back and submit a final plat under the existing -- still current preliminary plat. Hoaglun: And, Madam Mayor, if I might ask -- interject a question, Sonya, kind of follow up what I asked originally. The only reason it's a new preliminary plat is because of the addition of the old Keego Springs? Watters: Yes. Yeah. Right here. Hoaglun: So, if it had been kept separate we wouldn't be dealing with this issue at all. w '� Watters: For the Bainbridge portion. Hoaglun: For the Bainbridge portion. Watters: Yeah. This one right here is the one that's too long in Bainbridge and, then, this one right here, which is in Keego. Meridian City Council August 20, 2013 Page 26 of 41 Hoaglun: And yet the one to the west of the -- will it be a city park? Not the one adjacent to, but across the street? That one is okay? Yeah. Right there. Watters: Yes Uh-huh. They aren't over a whole lot, but they do not meet our ordinance. Hoaglun: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The idea for specifying block lengths I think originally had two points behind it. One of them is walkability and if this is within shooting distance of the requirement I don't have a problem with that. The other I believe was a fire department issue about block lengths and my question would be is the fire department comfortable with a slightly longer block length. It looks like there is plenty of directions to have access. I don't know if we want to put Chris on the spot or not. De Weerd: We can put Chris on the spot. Amenn: Sure. Why not. Councilman Zaremba, Madam Mayor, I can let you know the issue there would be with water supply in the length of the block and not being able to see where the water supply and the hydrants are laid out here I would not be able to answer that for you. I'm sorry. I can't imagine that it would be a tremendous issue, considering how we have platted our hydrants to be spaced out. Watters: Madam Mayor, Councilman Zaremba, if I could add to that also. The applicant could still comply with our ordinance -- our current ordinance for block length if they provide a pedestrian pathway to break up that block. They can extend up to 1,000 feet if a pedestrian pathway is provided. They didn't wish to do so. De Weerd: Well, it has to make sense, instead of just breaking up roads. The length. Bird: Yeah. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I just -- we recently had the discussion about redefining the way we measure block length. Is that into the ordinance yet? I don't remember what the -- Watters: Madam Mayor, Councilman Zaremba, it is. Zaremba: Okay. Meridian City Council August 20, 2013 Page 27 of 41 De Weerd: Just for my own clarification, did -- so, we are just merging two preliminary plats. One had expired, but had it -- has it changed at all? Watters: Madam Mayor, it's very close to the same configuration. De Weerd: Okay. Well, I think we are splitting hairs, but -- you know. Zaremba: Just a personal opinion, I -- De Weerd: -- I have never held back on what I thought. Yes, Mr. Zaremba. Zaremba: I'd be comfortable supporting this under the old ordinance if it met the old ordinance. One person's opinion. De Weerd: Mr. Bird. Bird: Are we done? Rountree: If you have got a solution I guess we are done. Bird: I have got -- I have got at least a motion to close and get on with the meeting. De Weerd: I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we close RZ 13-005 and PP 13-011. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Items 8-F and G. All those in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve RZ 13-005 and to include all applicant, staff comments and written testimony. Meridian City Council August 20, 2013 Page 28 of 41 Hoaglun: Second. De Weerd: Okay. I have a motion and a second to approve the rezone on Item 8-F. Any discussion from Council? 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: Item 8-D. Watters: Madam Mayor, may I clarify on the block length, was that approved as they have submitted? Bird: The preliminary plat. Watters: I wasn't clear on your motion. Bird: Coming up. De Weerd: He's going to make that motion. Watters: Thank you. Got you. De Weerd: I have been waiting for the brilliance of his motion as well. Watters: Sorry, Mr. Bird. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve PP 13-011 and include all staff and applicant comments and written testimony and leave the block length as are and also Volterra will make their preliminary plat stub streets match up to Bainbridge's stub streets. Hoaglun: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council August 20, 2013 Page 29 of 41 Rountree: Did the maker of the motion intend to exclude the landscaped corner pieces or let that stay? Bird: Leaving that in. Rountree: Okay. Bird: I think that we have seen them and they have -- I don't think they bothered our fire department at all. De Weerd: Well -- and I think that staff resolved on that one. It was just the block length. Bird: Yeah. De Weerd: Okay. Any further discussion or clarification needed? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess from what I'm hearing from -- on the block length question -- and maybe if the maker of the motion is comfortable or this is your direction, is it because these were existing plats and you're merging the two and they were previously prepared under the prior ordinance -- is that the basis of why you are okay with leaving it as -- De Weerd: That's what I heard as part of the motion. Bird: That's what the maker of the motion -- Nary: That's what I thought. I just wanted to make sure on the record that's what you meant. Hoaglun: And second agrees. De Weerd: Appreciate that clarification. Bird: When the attorney starts asking you got to start getting scared, so -- De Weerd: If there is no further discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council August 20, 2013 Page 30 of 41 H. Public Hearing: AZ 13-006 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Annexation of 5.34 Acres from RUT in Ada County to the L -O (Limited Office) (1.71 Acres) and R-8 (Medium -Density Residential) (3.63 Acres) Zoning Districts Public Hearing: PP 13-010 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Preliminary Plat Approval Consisting of Three (3) Office Lots, Twenty (20) Residential Lots and Three (3) Common Lots on Approximately 4.52 Acres in the Proposed L -O and R-8 Zoning Districts De Weerd: Thank you, Council. Okay. Next items are 8-H and I. The public hearings on AZ 13-006 and PP 13-010. 1 will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next hearing item is Jack's Place Subdivision. It's approximately 5.34 acres, zoned RUT in the county. If you recall about four months ago Council did act on a Comprehensive Plan map amendment to change the land use designation on this property from low density residential to office and medium density residential. Currently surrounding this property we have office zoned property. It's zoned L -O. We have Larkspur Subdivisions No. 4 and No. 5 to the north and to the east as well, zoned R-8. To the south we have the Mussel Corner property, zoned C -G and, then, Observation Point, which is currently zoned R-4 and, then, to the west we have Meridian Road and church property, zoned C -G as well. The applicant is proposing to annex this property consistent with the designation -- comp plan designation that you changed back four months ago. So, you will have two office lots -- three office lots along Meridian Road to buffer the single family residential internal to the project. We are looking at 20 residential lots ranging in size between 5,000 square feet upward of 6,500 square feet. Main access to this development is from Edmonds Court, which is a public street that punches into Meridian Road here. Along the east boundary we have a stub street that was platted with Larkspur Subdivision No. 4 that will be extended through the site and curve up and tie into Edmonds as well. Currently there is an existing residence that sits on the property as well and it will remain part of the project and will hook up to city services as a requirement. Again here are the three office lots here. Cross -access is being provided to these three lots. If you recall when the comp plan amendment came forward Commission -- or, excuse me, Council was concerned about the Mussel Corner piece and how access would be provided to that property in the future. During the Planning and Zoning Commission that was an item that was raised as well and the applicant went Meridian City Council August 20, 2013 Page 31 of 41 back to the drawing board and actually proposed -- is now proposing cross -access to that property to serve in the future. I would also mention to Council that that access point developed with Mussel Corner -- I did have a chance to look at that development agreement and that is a temporary access that will go away when that nursery redevelops in the future. So, this will be an important connection point moving forward. Hopefully that will deter them from asking for additional access points to Meridian Road in the future. Probably the most -- the primary concern with this project has to do with this red highlighted area that I have here depicted on the property. If you recall staff came before you last Tuesday talking about how these irrigation easements affect buildable lots and this is a situation that we have here this evening before you. The applicant indulged staff, indulged Commission, went back to the drawing board, revised their plat, came up with a workable solution and I think Commission staff and even the applicant agree we have some conditions in place that we believe is a viable solution to make this project work, keeping it as an easement in lieu of a common lot. So, here is what I wanted to just quickly go over what's transpired. So, currently in speaking with Nampa -Meridian, they will allow fencing to encroach approximately ten feet off of their easement and I have that depicted here. And, then, here is how the easement in red encumbers the property. Anything north of that fence line -- proposed fence would be owned and landscaped by the homeowner through a license agreement with Nampa - Meridian. Anything south of that proposed fence line would be maintained and owned -- still owned by the property owner, but maintained by the HOA. In working with - speaking with the applicant he's also reached out to the Ada County assessor's office. I know as we have come forward on these projects before it was always been Council's concern that folks were paying taxes on property that they can't use and can't customize for themselves. In speaking with the applicant and his conversations with the Ada County assessor's office it appears they could deem this as wasteland and pay not any taxes on it. The other reason for allowing this to be an easement is if it were a platted common lot the applicant would be required to lose some buildable lots, no longer making the project feasible to develop and that way if you -- if you keep it as an easement the applicant still meets the lot size criteria and the street frontage requirements of the R-8 zone. So, here is the landscape plan that the applicant is proposing. I would mention to Council that the applicant has ten percent open space for the residential portion here. A majority of that would be -- here is where that large irrigation facility would be tiled as part of the plat and, then, turn along the buildable lots here remain in the easement. So, a portion of it will be a common lot and a portion of it again will be easement on the buildable lots. We do have a 35 foot landscape requirement along Meridian Road. UDC also requires that a ten foot pathway be constructed within the common lot as well. The project has been conditioned to comply with that. So, here are the elevations. The two graphics on the left-hand side depict what future homes look like. In speaking with the applicant in our discussions at the Commission hearing these lots -- these homes do fit on the lots. They made sure to have a product that does fit and still provide that attractive streetscape. And, then, the office portion is designed to be designed to incorporate these stucco elements, wainscoting, stone, window treatments as well. They will have to come back through for CZC design review moving forward. The applicant is proposing to develop the subdivision in two phases, residential being the first phase and, then, the commercial Meridian City Council August 20, 2013 Page 32 of 41 lots being the second phase. Because this is an annexation staff has -- is proposing or recommending a development agreement with the project. Here are a list of provisions that we are proposing before you this evening. Most of them require compliance with the elevations, cross -access to the properties that I described connecting the existing home to city services with the first phase and, then, also providing that ten percent open space with the plat. One other item. Staff had originally recommended a micropath system without -- throughout the development to provide an amenity. Commission did strike that provision in the conditions and so the applicant here before you tonight has no amenity proposed for the subdivision. As I mentioned to you Commission did recommend approval to you from their Commission hearing on July 18th. Primary items of discussion was the cross -access and, then, whether or not they were viable, buildable lots with that irrigation easement. As I mentioned to you in my staff report this evening there is a solution in place. We think it's workable. Those conditions are -- basically state anything north of that fence line, as I mentioned, would be owned and maintained by the homeowner. Anything south of that, meaning the Nampa -Meridian access road, would be maintained by the HOA and a requirement would be placed on the face of the plat stating that. I think the applicants also offered up putting something in the CC&Rs that states that the HOA is to maintain that access road as well. Other than that we did receive written comments from the applicant. They are in agreement with the Commission regs and the revised conditions. Other than that access easement on that boundary there are no other outstanding issues before you and staff will stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Mr. Zaremba Zaremba: Madam Mayor, two subjects and I will address the second one first I guess. Whenever I hear mentioned that a pathway has been given up I immediately alert on the parks department and their master pathway plan. I just want to make sure this is not one that was supposed to connect to other portions of pathway and, therefore, would be a gap in the pathway plan. I'm not looking at the master plan right at the moment, but do you check that whenever something like this comes up? Parsons: Madam Mayor, Councilman Zaremba, we do. And so as I mentioned to you there is still a ten foot pathway along Meridian Road, which is consistent with the ordinance, it's just that our original recommendation before we got to Council is we thought since this was a nice amenity and nice greenbelt, that it would enhance the development to have a micropath system. So, it was really a staff recommended requirement. It's not a city pathway requirement on this property. Zaremba: Thank you. Madam Mayor, a second question. On the drawing that we are looking at right now, you have highlighted in red the area that you talked about that, but I'm guessing that means that there is a waterway there that otherwise Nampa -Meridian wouldn't be interested in it. My question is it appears to end that where the new cross - access is going to be. Wouldn't they have an easement that goes all the way to Meridian Road and this appears to build a building across -- probably was a previous easement. Meridian City Council August 20, 2013 Page 33 of 41 Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, the easement is actually spanned by two projects. It's this one that I'm discussing tonight and, then, Observation Point and that's -- that's the dilemma. Where I have it terminating along the west it actually turns up and goes along the nursery stub. It does not connect to Meridian Road. So, it would not be impacted by that office lot. That is the end point. You can see that culvert, the box here, and, then, it turns up this way and goes along -- by the residential lots here, which were platted -- which is a platted common lot in Observation Point. Zaremba: Great. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, anytime I hear the irrigation district is restricting property owners from utilizing their property it kind of grates on me, but I think you have come with a decent compromise. The only thing I would like considered is at -- it's going to be in a DA, it's going to be in a legal document, but at some point in time in the future, if the handcuffs come off of the property owner and go on the irrigation district, they shouldn't have to come back and get the DA changed in order for the property owner to use their property how they might want to use it. You understand where I'm going? Parsons: I do, Madam Mayor, Members of the Council. Currently the way the DA is structured we did not include that provision in the development agreement. Rountree: Okay. Great. Parsons: It is strictly a plat condition. Rountree: All right. Excellent. De Weerd: Any other questions? Bird: I have none. De Weerd: Would the applicant like to make comment? Good evening. Yorgason: Good evening. Madam Mayor, Members of the Council, my name is Dave Yorgason with Tall Timber Consulting. I'm here representing the applicant tonight. The applicant is Jack's and Jesse Place, LLC, which is one of our representatives here tonight as well. My address for the record is 14254 West Battenberg Drive in Boise, Idaho. Staff has done an excellent job articulating the challenges this site has. This site is small. The site is surrounded by development. Stub streets on one side. Existing development with staff -- some of it -- the irrigation easement has been a significant Meridian City Council August 20, 2013 Page 34 of 41 thorn in our side since day one. The easement is large. The easement is also an area which Nampa -Meridian Irrigation says they travel on by vehicle once or twice a day to watch this Kennedy Lateral through there. Another part of our problem in this area is that the fencing in the Observation Point Subdivision is in the easement -- significantly in some portions of the easement area, which pushes further burden upon us, so that the irrigation district has adequate area to travel their vehicles as they drive quite frequently through this area. So, Councilman Rountree, as much as I -- I agree with you, it's been really quite frustrating. We have been on site a couple times with Nampa - Meridian Irrigation District to try to find a compromise that will still work for them as they do need to maintain their system. We don't want to restrict their access, that's certainly not the goal here, but because of their frequent traveled site that is where the comment of the pathway being pulled out of the development. If I could add to that just briefly, we never proposed a pathway. Staff suggested a pathway when the staff report was originally written. We always knew that would be a concern to the irrigation district. We -- I have had many discussions with the Nampa -Meridian Irrigation District to try to find a way to make the site feasible and so we have worked with the city staff and had some go back conversations back and forth with the Planning and Zoning Commission as we went back to them a second time to try to find solutions to what we were trying to do here. One of the other challenges to the site is the elevation change. There is about a six to ten foot -- it depends on the distance you're traveling -- six to ten foot drop in elevation in a very short distance as you're going from south to north, to northwest. Almost all of that grade change is in the first 50 feet -- the southern 50. and so that, again, makes significant challenges for building lots and the buildability for this project to be successful. We have provided grading plans to the Planning and Zoning Commission, to staff. They have reviewed those as well. We have not only identified the challenge, but find solutions to each of the challenges as we have gone through the process. The last part of which the staff identified is maybe an open item and that is the question of common lot versus an easement. One of the subdivisions that we developed is Castlebury and Castlebury West along Chinden Road. That entire landscape berm is in an easement in those homeowners backyards. Through a note on the plat and through some specifics that -- not long, but specific maintenance requirements, the HOA carries the burden to make sure that area is maintained. As we have talked with staff and as we addressed with the Planning and Zoning Commission, we all agree that that is a viable solution here. I will be the first to recognize a common lot is the first choice, but in this case a common lot makes these lots less than 5,000 square feet, which would, then, significantly alter the buildability of these lots and we just are asking that you stick to our proposal we suggested. In conclusion, the staff report as written and approved by the Planning and Zoning Commission's changes, we accept and are fine with all of the changes as written in the staff report and ask for our request for your approval tonight and stand for any questions you may have. De Weerd: Thank you, Dave. Any questions from Council? Rountree: I have none. Zaremba: Madam Mayor? Meridian City Council August 20, 2013 Page 35 of 41 De Weerd: Mr. Zaremba. Zaremba: Just a detail. In what is currently displayed on the screen is the landscaping plan -- Yorgason: Yes. Zaremba: -- and it shows the southerly office building different than the preliminary plat plan showed it and I just wanted agreement that this is only referring to the landscape, but not establishing the right for that building to be as depicted here. Yorgason: Madam Mayor and Councilman Zaremba, that is correct. This is the landscape plan that was submitted in our initial application. We agree on record, if that helps you here, agree that the revised preliminary plat that we submitted as approved by Planning and Zoning Commission, that shows that southerly access, it cuts the building -- about a third of it out of it, approximately, to allow for that cross -access to the south and that is not -- and that is our plan. Our plan is not the full building there. Zaremba: Great. Thank you. De Weerd: Okay. Anything further from Council? Thank you. Yorgason: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Council, seeing no further testimony, any further questions for staff or applicant? Rountree: I have none. De Weerd: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on AZ 13-006 and PP 13-010. Bird: Second. De Weerd: I have a motion and a second to close the public hearings on Item 8-H and I. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council August 20, 2013 Page 36 of 41 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of AZ 13-006. 1:3R:1i.-•.1.1 De Weerd: I have a motion and a second to approve Item 8-H. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of PP 13-010 and to include all staff and applicant comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-I. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. •115000►[OY-11V 71:4QW-AIWTAVA*1 J. Public Hearing: Clerk's Office Fee Schedule Update De Weerd: Thank you. Item 8-J is a public hearing on the City Clerk's fee schedule update. Madam Clerk. Holman: Thank you, Madam Mayor. Madam Mayor, Members of the Council, this is an update just to a few of the clerk's fees. Mainly -- or solely the ones that are impacted by the Idaho State Police's fingerprinting fee. If you recall I came back and first introduced this last September to Council when we originally got the letter from the state police regarding their phased approach to raising the fee. So, in October we updated the fee schedule to incorporate five dollar increase from 29 to 34 and this is the second phase that is -- I think it was effective July 31st, I believe, and that raises it from 34 up to the -- Meridian City Council August 20, 2013 Page 37 of 41 it looks like 41.50. So, that is all this fee schedule increase is for. I don't have any indication that they are going to raise them again anytime soon, unless we get another letter this fall. So, with that I will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: None. De Weerd: This is a public hearing testimony on this item? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Is there anyone who would like to provide Hoaglun: Seeing no presentation by a member of the public, I move we close the public hearing to the Clerk's Office fee schedule update. Bird: Second. De Weerd: I think Ralph was thinking about it. Hoaglun: Well, I will withdraw it if Ralph wants to -- De Weerd: I have a motion and a second. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. K. Resolution No. 13-938: Update to Clerk's Office Fee Schedule De Weerd: Item 8-K is the resolution supporting this is. It's 13-938. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval Resolution No. 13-938 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve the resolution on Item 8-K. Madam Clerk, will you call role. Meridian City Council August 20, 2013 Page 38 of 41 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Legal/Human Resources Department: Ordinance No. 13-1569: Adding a Human Resources Director Position De Weerd: Item 9-A is under our Legal Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. What you have in front of you is -- just for discussion is a draft of a new ordinance that we would put into place would be effective in October with the hiring of a new human resources director. Just a couple of changes to the current code. We will be adding the position to other appointed department directors of the city, removing the human resources function from the city attorney's responsibility and, then, basically we took -- not all, but the primary duties and functions of the human resources director out of the job description that we created for the position for the position and included those into the ordinance themselves. So, nothing really earth shattering. So, similar to what did last year in adding a new position to the city for a department director. This is only for your review. We could put it on for approval in September. Again, it wouldn't be effective until October 1st. De Weerd: Council, any questions for Mr. Nary? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Item 1-8E-2, Duties, Item H, can you help me understand why they are going to be exercising supervision over children? De Weerd: I think it's just clarifying what constitutes a criminal background investigation. Nary: Madam Mayor, Members of the Council, Council Member Rountree, the Department of Law Enforcement allows us to do background checks on employees for certain purposes and that's one of them that we do them for and those are for people that work in our day camps and such. So, it's just to clarify in ordinance what the requirements are. Rountree: Okay. And that is done by HR, as opposed to -- Meridian City Council August 20, 2013 Page 39 of 41 Nary: Yes. Rountree: Okay. Nary: Yes. Holman: Madam Mayor? De Weerd: Madam Clerk. Holman: Madam Mayor, Members of the Council and Mr. Nary, I just happened to notice -- and just as long as we are changing this ordinance, under Section A it lists all of the directors. It doesn't list the Information Services director that was created in November. I don't know if that's a good time, since we are going to be recodifying this. Do we want to add that? Nary: And, actually, I think we did and it's somehow not in here. So, I will make sure -- we will make sure the current one is -- we will. De Weerd: You will not be obsolete. Nary: Oh, sorry, did we forget to tell you. I'm sorry. De Weerd: Okay. If there is nothing further, Council, would you like this put on a future agenda and, if so, when? Next meeting? September 3rd? 10th? Bird: I have nothing. De Weerd: We have a lot of ordinances for next meeting, so why don't we put it out to the 3rd to save Madam Clerk. Nary: September 3rd. De Weerd: I think that's as scientific as it comes. Nary: We will do that. Item 10: Future Meeting Topics None De Weerd: Thank you. Any items for consideration under future meeting topics? Bird: I have none. Item 11: Executive Session per Idaho State Code 67-2345(1)(c) — To Conduct Deliberations Concerning Labor Negotiations Or To Acquire An Interest In Real Property, Which Is Not Owned By A Public Agency Meridian City Council August 20, 2013 Page 40 of 41 De Weerd: Okay. Item 11 is Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Hoaglun: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:54 p.m. to 8:32 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:32 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council August 20, 2013 11�r-a-r----� MAY T MMY DE WEERD DATE AP ROVED ATTEST: JAYC9tE HOLMAN, CITY a.-� �p¢40�p;LBD A���°T'' ^$ to City of o©AH n r r SEAL Fy T � Fp �\a Changes to Agenda: • Item #8C: Oak Leaf Subdivision (FP -13.036) — Move to the Consent Agenda Item #81), E: Fast Eddy's (RZ-13.006; CUP -13-006) Application(s): ➢ Rezone ➢ Conditional Use Permit Size of property, existing zoning, and location: This site consists of 5.52 acres, is currently zoned C -N, and is located at 710, 730, 750, 770, & 790 W. Ustick Road, at the NEC of W. Ustick Road & Venable Lane. History: There is an existing Fast Eddy's carwash, convenience store & fuel facility at the comer of Venable & Ustick; there are existing office buildings on the other lots on the site. The c -store was approved to operate 24 hours/day as a provision of the DA. Summary of Request: The applicant requests approval to rezone 5.52 acres, platted as Cedar Springs Sub. No. 6, from the C -N to the C -C district consistent with the FLUM designation of Mixed Use Community w/a Neighborhood Center overlay for this site. The applicant proposes to move the c -store to an adjacent building on a lot to the east that fronts on Ustick; the existing c -store building will then be used for storage. The primary reason for the rezone is for extended hours of operation for the c -store in the new location. The current C -N district limits business hours of operation from 6 am to 10 pm. In the proposed C -C district, business hours are restricted from 6 am to 11 pm when adjacent to a residential use or zone; however, the UDC does allow for extended hours to be requested through a CUP. Because there is residential use that abuts this site to the east, the applicant is requesting a CUP to extend the hours of operation of the c -store from 5:30 am to 11 pm Monday -Thursday & 5:30 am to 12 am Friday & Saturday. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Steve Eddy ii. In opposition: None ill. Commenting: None iv. Written testimony: Steve Eddy, Applicant (response in agreement w/staff report); Clyde Brinegar (in support) Key Issue(s) of Discussion by Commission: L The UDC does not allow requests for extended business hours of operation in the C -N district, thus necessitating a rezone solely for business hours. Key Commission Change(s) to Staff Recommendation: None Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: None Notes: Item #8F, G: Bainbridge Subdivision (RZ-13.005; PP -13.011) Application(s): ➢ Rezone ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 191.30 acres, is currently zoned R-8 & L-0, and is located on the south side of W. Chinden Blvd, between N. Ten Mile & N. Black Cat Roads. History: This property was previously included in preliminary plats for Bainbridge & Keego Springs Subdivisions in 2005. Bainbridge is still valid while Keego Springs has expired. Summary of Request: The applicant proposes to rezone 5.85 acres of land along the north boundary of the site adjacent to Chinden Blvd from the L-0 to the R-8 zoning district. The proposed R-8 zone is consistent with the MDR FLUM designation for this site. A church was originally planned for this area but was constructed on the east side of the development adjacent to Ten Mile Road. The current DA requires CUP approval of all future uses on preliminary plat Lots 2 & 3, Block 15 which is the L-0 zoned portion proposed to be rezoned and the surrounding R-8 portion planned for residential development. The applicant intends to apply for an amendment to the DA to remove this requirement. Staff recommends when the DA is amended that the existing provisions in the Keego Springs & Bainbridge DA's be incorporated into one new DA which would replace the existing DA's. A preliminary plat is proposed consisting of 551 single-family residential building lots & 55 common/other lots on 191.30 acres of land in an R-8 zoning district. A phasing plan was not submitted. Access is proposed via Broadbent Way, a collector street, off of Chinden & Ten Mile & local streets are provided for internal access and from Black Cat Road. Staff is concerned with the configuration & access to the lots at the southeast corner of the site and would like the applicant to address the plan for this area. The area to the south is zoned for commercial uses & a public stub street is not shown. Street buffers in accord with UDC standards are proposed along Black Cat, Chinden, Ten Mile, and Broadbent. A segment of the City's Cmulti -use pathway system is required along Chinden. A total of 31.66 acres (or 16.55% of the site) is proposed for open space consisting of detached sidewalks w/parkways, street buffers, a large open grassy area, and a 7.43 acre public park that has been dedicated to the City. Nine site amenities are required to be provided based on the area of the development. The applicant proposes to provide pedestrian pathways leading to & around the public park; an additional 5% open space; a multi -use pathway along Chinden; fitness stations; sports courts; picnic areas; and 2-3 play structures. Building elevations showing a variety of styles have been submitted that appear to be of quality design and materials in accord with the City's design guidelines for residential developments. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Mike Wardle ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle, Applicant (response to the staff report) Key Issue(s) of Discussion by Commission: i. Design of the lots at the southeast corner of the site and their access from the commercial development to the south; ii. Access to the school property via a pathway along the southern boundary of the site; iii. The requirement for removal of the planter islands in the cul-de-sacs and emergency access to the cul-de-sac lots; iv. The requirement for compliance with block length standards. Key Commission Change(s) to Staff Recommendation: i. Allow street knuckle planter island to remain (strike condition #1.2.1 e, which requires street knuckle planter islands to be removed at the Fire Department's request); ii. Modify condition #1.2.1g to allow for a property boundary adjustment to be completed in conjunction with the final plat. iii. Clarify condition #1.2.1 i to state the first final plat approved along the Bainbridge/Volterra boundary will dictate the street alignment in that area. iv. Modify condition #1.2.1j to not require a micro -path connection in Block 6 to the school property from the east nor to the common area in Volterra Subdivision to the south. v. Add a condition requiring a 5 -foot wide pathway with landscaping within the linear common lots along the southern boundary of the site to provide pedestrian access to the school site (see condition #1.2.2g); vi. Modify condition #1.2.4 to allow the public use easement for the pathway along Chinden to be submitted in conjunction with the final plat application for that area rather than the first final plat application; vii. Modify condition #1.2.6 to include specific amenities proposed by the developer. Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: i. The Commission was not in favor of requiring Blocks 9 & 31 to be revised to comply with the minimum block length standards required in UDC 11-6C-3 and recommended Council approve a waiver to this requirement (see condition #1.2.1 c). The UDC does not allow for a waiver to block length requirements; a variance is required. Notes: Item #8H & 1: Jack's Place Subdivision (AZ -13.006 & PP -13.010) Application(s): ➢ Annexation ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 5.34 acres, is currently zoned RUT in Ada County, and is located on the east side of S. Meridian Road; approximately a%mile north of E. Amity Road. Summary of Request: The applicant has applied for annexation and preliminary plat approval to develop a small office park and a residential subdivision. The proposed plat consists of three (3) office lots, twenty (20) single-family residential lots and three (3) common area lots on approximately 5.34 acres of land in the proposed L-0 and R-8 zoning districts. Recently a CPAM was approved by the City to change the land use designation from LDR to office and MDR. The requested zoning districts and gross density of 5.5 dwelling units to the acre is consistent with the comp plan. All of the lots comport to the dimensional standards of the requested L-0 and R-8 zones. Access to the development is provided from the extension of public streets. Cross access is being provided for two of the office lots and to the Mussell Corner property to the south. The residential portion of the development will be providing 16,433 square feet of open space which is approximately 10.4%. No amenities are proposed for the development. Seven (7) of the buildable lots along the south boundary are impacted by a NMID easement. Commission required the applicant demonstrate that these lots were viable buildable lots. The plat was redesigned and grading plans were prepared which lead to the Commission's recommendation for approval of the plat with the following modifications: 1) Any improvements north of the proposed fence line would be maintained by the home owner and 2) The NMID access area south of the proposed fence line will be maintained by the HOA. Commission Recommendation: Approval at the July 181h hearing Summary of Commission Public Hearing: C i. In favor: Dave Yorgason and David Turner ii. In opposition: None iii. Commenting: Kent Brown iv. Written testimony: Dave Yorgason Key Issue(s) of Discussion by Commission: i. Cross access to the Mussell Corner property. ii. Viable buildable lots along the south boundary due to the large NMID irrigation easement and topography. iii. Future property owners paying taxes on property that cannot be improved as part of the buildable lot. Key Commission Change(s) to Staff Recommendation: i. Commission approved the NMID facility as an easement on the buildable lots along the south boundary with the requirement that the HOA maintain the NMID access area; exclusive of the fencing and landscaping installed on the buildable lots. ii. Commission removed the requirement for the 5 -foot wide micropath through the common lots (Lot 3, Block 2 and Lot 2, Block 1) and the commercial lot (Lot 10, Block 1). iii. Updated the open space square footages to reflect revised plat. Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: Applicant in agreement with the Commission Recc Notes: Meridian City Council Meeting DATE: August 20, 2013 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approval of the July 10, 2013 Budget Workshop Minutes 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: August 20, 2013 ITEM NUMBER: 5B PROJECT NUMBER: FP 1 ITEM TITLE: Final Order for Approval: FP 13-034 Bellabrook Subdivision by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Final Plat Approval Consisting of Twenty - Six (26) Building Lots and Four (4) Common Lots on 4.38 Acres of Land in an R-15 Zoning District MEETING NOTES 9 WHIED 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: Auqust 20, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: AGREEMENT FOR USE OF KLEINER PARK FOR BARLEY BROTHER: Agreement for Use of Kleiner Park for Barley Brothers Traveling Beer Show Special Event MEETING NOTES uy 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 C AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT This AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT (hereinafter "Agreement") is made this 13th day of August, 2013 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Rick Boyd, on behalf of Brewforia Beer Market, a corporation organized under the laws of the State of Idaho whose address is 3030 E. Overland Road, Suite 100, Meridian, Idaho (hereinafter "Organizer"). WHEREAS, the respective governing bodies of City and Organizer are mutually interested in enhancing the Meridian community's quality of life by providing and supporting special event opportunities for members of the Meridian and greater communities; WHEREAS, City and Organizer recognize that publicly -held facilities are resources requiring heightened stewardship and protection; WHEREAS, Organizer has agreed to be responsible for any costs incurred by City in the course of the large-scale special event hosted by Organizer at Julius M. Kleiner Memorial Park ("Park"), located at 1900 N. Records Avenue, in Meridian, Idaho, on August 24 and 25, 2013; and WHEREAS, the Meridian City Council finds that it is fiscally responsible and in the best interest of the community to enter into a contractual agreement establishing the terms and conditions of Organizer's use of Park; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Organizer agree as follows: I. PERMISSION GRANTED. Subject to the terms and conditions set forth herein, City hereby grants to Organizer permission to utilize Park at the time, place, and manner set forth in this Agreement and in City of Meridian Temporary Use Permit no. TUP-13-0056 for a large-scale special event known as `Barley Brothers Traveling Beer Show" (`Event"). H. OBLIGATIONS OF ORGANIZER. A. Reasonable use. Organizer shall employ best efforts to ensure that its use of Park and Park facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable, Where Organizer's use of Park and Park facilities, infrastructure, and/or vegetation causes disproportionately excessive damage to same, Organizer shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement. Organizer shall exercise best efforts to see that any and all use of Park, to the extent reserved by Organizer, is in compliance with all laws and with City's policies regarding use of City parks and/or facilities, including, but not limited to, policies be adopted or enacted by the Director of the Meridian Parks and Recreation Department. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 1 OF 8 B. Permitting. In addition to compliance with all terms and provisions of this Agreement, Organizer shall separately obtain and comply with each and all of the following permits, as required by law: 1. City of Meridian Temporary Use Permit for Special Event; 2. Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department; 3. Any and all licenses, permits, inspections, and/or certifications required by the City of Meridian Community Development Department, Building Services Division, including, without limitation, permitting and inspection for all tents, generators, etc.; 4. Any and all licenses, permits, inspections, and/or certifications required by the City of Meridian Fire Department; 5. Any and all licenses, permits, inspections, and/or certifications required by the Meridian Parks and Recreation Department; 6. Alcohol Server Training certification; and 7. City of Meridian liquor catering permit. C. Fees, costs. 1. By noon (12:00 p.m.) on Friday, August 23, 2013, Organizer shall remit to City all applicable application, permit, and reservation fees, as adopted by fee schedule and/or as required herein. 2. By noon (12:00 p.m.) on Friday, August 23, 2013, Organizer shall remit to City $4,780.00, which includes the fee for reserving Park for two days ($1,590/day x 2 days = $3,180.00) and to reimburse City for the cost of providing Meridian Parks and Recreation personnel to staff Park during the Event and provide facility maintenance and janitorial services before and after the Event (August 24: 2 staff from 7:00 a.m. to 3,30 p.m., 1 staff from 11:00 a.m. to 7:30 p.m., and 2 staff from 12:30 p.m, to 9:00 p.m. = 40 staff hours; August 25: 1 staff from 7:00 a.m, to 3:30 p.m., 4 staff from 12:30 p.m. to 9:00 p.m. = 40 staff hours; 40 + 40 = 80 staff hours x $20/hour = $1,600.) 3. By noon (12:00 p.m.) on Friday, August 23, 2013, Organizer shall remit to City $2,640.00, to reimburse City for the cost of providing three (3) extra -duty Meridian Police Department officers and one (1) supervisor during the Event. (Officers: 8 hours on August 24 + 8 hours on August 25 = 16 hours x $40/hour = $640 x 3 officers = $1,920; Supervisor: 8 hours on August 24 + 8 hours on August 25 =16 hours x $45/hour = $720; $1,920 + $720 = $2,640 total.) If additional staffing or extended hours are required for the protection of public safety or maintenance of Park, Organizer shall reimburse City for all staffing costs within fourteen (14) days of City's invoice for such costs. If Organizer fails to timely reimburse City pursuant to such invoice, the City may decline to provide extra -duty personnel staffing, decline to reserve City facilities, release existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. D. Time and place. The permission extended under this Agreement shall apply to the areas of Park detailed on the event site plan approved by City under City of Meridian Temporary Use Permit no. TUP-13-0056 from 7:00 a.m. to 9:00 p.m. on Saturday, August 24, 2013 and 7:00 a.m. to 9:00 p.m. on Sunday, August 25, 2013. Pursuant to City Code, Park shall be closed between dusk and dawn. E. Manner. The permission extended under this Agreement shall be subject to all terns and conditions as set forth in this Agreement, in City of Meridian Temporary Use Permit no. TUP-13- 0056, and in any applicable laws and policies, including, without limitation, the Meridian Parks and Recreation Event Planners' Handbook, attached hereto as ExhibitA. Such terms and conditions shall include, but shall not be limited to, the following: AGREEMENT FOR USE OF KLIANER PARK FOR SPECIAL EVENT PAGE 2 OF 8 C 1. The public must have general access to all areas of Park at all times, so long as such access does not unduly interfere with Organizer's use of Park for Event. Signs reading "Free Admission" must be clearly posted at each entrance to Event. 2. Organizer must provide at least thirty (30) portable toilets during Event, at least three (3) of which must be handicapped accessible. 3. Driving or parking vehicles on non -designated driving or parking surfaces shall be prohibited, with the limited exception of vehicles driven short distances on non -designated driving surfaces for the purpose of transporting, loading, or unloading equipment and supplies during set-up or tear -down. Vehicles may be driven on turf only at the direction of Meridian Parks & Recreation Department staff. 4. Organizer shall obtain at least one (1) 30 -yard roll -off container from Republic Services and utilize same to collect solid waste generated by Event activities. Such container shall be located in the park maintenance service yard located on the east side of the park. 5. Where activities or equipment related to Event damage or destroy turf, landscaping, sprinklers, or other Park infrastructure or facilities, or otherwise require City to incur additional expenses, Organizer shall reimburse City for all costs of repair, rep acement, or expense within fourteen (14) days of City's invoice for such costs. 6. Organizer shall make every effort to provide and maintain access to Event for persons with disabilities. 7. No smoking shall be allowed in Park, except in designated parking areas. 8. Used water, grease, charcoal, and other materials and supplies must be carried out of Park at the conclusion of Event, and may not be disposed of at Park, 4. Organizer is authorized to post signs for the purpose of identifying, promoting, advertising, or directing patrons to Event as represented and approved in City of Meridian Temporary Use Permit no. TUP-13-0056. Organizer acknowledges that the permission extended by City under this Agreement to post signs shall extend only to the locations approved in City of Meridian Temporary Use Permit no. TUP-13-0056, and that it is unlawful to post a sign identifying, promoting, advertising, or directing patrons to Event without the permission of the owner of such property, Organizer shall remove all signs identifying, promoting, advertising, or directing patrons to Event by 5:00 p.m. on Monday, August 26, 2013. F. Alcohol. Alcohol may be sold to and/or consumed by the public attending the Event, under the following conditions: 1. Event may not be promoted as an "all you can drink" event. Promotional materials shall not contain the terms "unlimited," "bottomless," or other like synonyms to describe the amounts of alcohol to be served at Event. 2. Alcoholic beverages may be sold for a set price for one (1) 4.5 -ounce cup. Cups may not exceed 4.5 ounces in volume. No patron may purchase more than one (1) cup during the Event. If cups run out, no new Event patrons may be allowed to purchase or consume alcohol. Cups may be sold at a ratio of one per patron per order; no person may be allowed to purchase more than one beverage at a time. Cups may be plastic only; glass is not allowed in Park. No individual alcoholic beverages may be sold. 3. Event attendees who are twenty-one (21) years of age or older and who wish to consume alcohol must be issued a distinctive, nontransferable wrist band, to be displayed on the right wrist. All persons seeking to obtain a wrist band must be required to produce photo identification demonstrating proof that such person is at least twenty-one (2 1) years of age. Wrist bands may not be issued to any person who does not produce such photo identification. Alcoholic beverages may not be served to any person not wearing such wrist band. If wrist AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 3 of 8 bands run out, no new Event patrons may be allowed to purchase or consume alcohol. Event staff issuing wrist bands may not consume alcohol during Event. 4. The area where alcohol is served must be fenced using fencing six feet (6') in height. 5. Signs reading "No alcohol beyond this point" must be clearly posted at all exits. Due care must be taken to prohibit the removal of alcoholic beverages from the alcohol consumption area. 6. Persons serving alcohol must comply with the requirements of Title 3, Chapter 7, Meridian City Code (alcohol server training), and may not consume alcohol during Event. 7. Any alcohol-related violations of law or policy occurring during Event shall result in the immediate suspension of the Event's liquor catering permit. Such violations shall include, without limitation: illegal consumption or possession of alcohol by a minor and providing alcohol to persons who are not wearing a designated wristband. The Meridian Parks and Recreation Department or Police Chief or designee may suspend the Event's liquor catering permit where there is a high incidence of Event patrons transferring wristbands to minors or other non-wristbanded persons, or where there is a high incidence of alcohol consumption or possession elsewhere in Park, i.e., outside of the Event's designated Event alcohol consumption area. 8. All kegs and other containers holding liquid or ice shall be placed on pathways or other paved surfaces, not on turf. G. Security. Event security personnel shall be provided at the Event, as follows: 1. Organizer shall provide adequate event security personnel at Event, to include two (2) at each entrance to the Event. 2. It is understood and agreed that Organizer will hire Intermountain Security, whose address is 730 W. Elmgrove Court, Coeur d'Alene, Idaho, for event security services at Event. Documentation of this engagement is attached hereto as Exhibit B. 3. Event security personnel must be clearly identifiable as such with shirts clearly marked with the word "Security." 4. Event security personnel may not consume alcohol during the Event. 5. Organizer shall engage at least three (3) extra -duty Meridian Police Department officers and one (1) supervisor during the Event to staff the event at Organizer's sole expense, pursuant to policies established by the Meridian Police Department and at the rate established by fee schedule. 6. Organizer agrees that in the event the Chief of Police or his designee deems this level of security to be insufficient to protect the health and safety of Event attendees or Park users, extra -duty Meridian Police Department personnel shall staff the event at Organizer's sole expense, pursuant to policies established by the Meridian Police Department and at the rate established by fee schedule. Organizer shall reimburse City for all costs of extra -duty personnel staffing by MPD within fourteen (14) days of City's invoice for such costs. In the event of Organizer's failure to timely reimburse City pursuant to such invoice, the City may decline to provide extra -duty personnel staffing, decline to reserve City facilities, release existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. H. Emergency medical services. Organizer shall engage Ada County Paramedics to establish a medical services station at Event. Documentation of this engagement is attached hereto as Exhibit C. Such station shall be staffed by at least two (2) personnel trained and certified at a minimum level of EMT -Basic, and shall be fully equipped, including, but not limited to, equipment to secure an airway and at least one (1) AED (automatic external defibrillator). Such station shall be AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 4 OP 8 established at the entrance of the event, and shall be clearly marked and visible and accessible to all Event participants. I. Parking. Organizer shall make arrangements to provide at least four hundred (400) off-site parking stalls, in accordance with the parking plan attached hereto as Exhibit D. J. Insurance. As required by Meridian City Code, Organizer shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting Organizer, Organizer's employees, and Organizer's agents from all claims for damages to property and bodily injury, including death, which may arise during or in connection with Event, including Event set-up and tear -down. Such insurance shall name City as additional insured, and shall afford at least one million dollars ($1,000,000.00) per person bodily injury, one million dollars ($1,000,000.00) per occurrence bodily injury, and one million dollars ($1,000,000.00) per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement or any permit. If City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Event or related activities, Organizer covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. K. Post -Event review. On Monday, August 26, 2013, at 8:30 a.m., Organizer shall meet with the City Contact to survey the Event area and provide input regarding successes and challenges related to Event, Ill. OBLIGATIONS OF CITY. A. Facility operation. Except as otherwise set forth herein, City shall provide general maintenance, mowing, irrigation, and custodial services with regard to Park facilities, infrastructure, and vegetation. City shall provide all necessary utilities and services to Park facilities, including, but not limited to, electricity, potable water, sewage service, and/or typical waste and refuse removal. City shall cause the repair and/or replacement of any and all Park facilities, infrastructure, and/or vegetation that are physically damaged by acts of nature. To the extent that the cause of damage is attributable to Event activities, Organizer shall be responsible for the cost of repair or replacement. B. Primary Source of Contact for City. City shall provide Organizer the name, e-mail address, and telephone number of specific City personnel (hereinafter "City Contact") who shall serve as City's primary contact between City and Organizer for all day-to-day matters regarding set-up, operation, and tear -down of in Park. City Contact for Event shall be: City Contact: Colin Moss, Recreation Coordinator Meridian Parks and Recreation Department E-mail: emoss@meridiancity.org Cell Phone: 208-866-9987 Office Phone: 208-888-3579 IV. GENERAL PROVISIONS. AGREEMENT FOR USE of KLEINER PARK FOR SPECIAL EVENT PAGE 5 OF 8 j A. Notice. Communication between Organizer and the City Contact regarding day-to-day matters l shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, or via e-mail, addressed as follows; City: City of Meridian Attn: Parks and Recreation Director 33 E. Idaho Avenue Meridian, Idaho 83642 ssiddoway@meridiancity.org Organizer: Rick D. Boyd Brewforia Beer Market, Inc. 3030 E. Overland Road, Suite 100 Meridian, Idaho 83642 tatiana@brewforia.com B. Public park. The parties hereto expressly acknowledge that Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. City shall have the right to allow the use of Park, and close all or any portion of Park, for any and all purposes and under any and all conditions. C. No right to exclude conveyed. Any exclusive use granted to Organizer by this Agreement shall include neither the right to exclude any law-abiding person fiom Park where such person is not interfering with Organizer's use thereof, nor the right to interfere with any person's concurrent, lawful use of Park where such concurrent use does not conflict or interfere with Organizer's use. At all times Organizer shall be on an equal footing with the general public regarding its use of Park. Organizer shall exercise any exclusive use granted by this Agreement only in accordance with the terms of this Agreement and in accordance with any and all applicable laws and City policies. D. Assignment. Organizer shall not assign or sublet all or any portion of Organizer's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. E. No agency. Neither Organizer nor Organizer's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of Park. F. Indemnification. Organizer and each and all of Organizer's employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants in Event or related activities, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Organizer programming, at or in its use of Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. G. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises; Organizer accepts Park for use as is, both at the Effective Date of this Agreement and throughout the course of Event and all related activities. AGREEMENT FOR USE of KLEINER PARK FOR SPECIAL EVENT PAGE 6 of 8 H. Compliance with laws. In performing the scope of services required hereunder, City and Organizer shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 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 determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The patties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. K. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process, Either party may terminate this Agreement by providing twenty-four (24) hours notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A twenty-four (24) hour cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement shall be terminated upon mailing or e -mailing of notice of termination. L. Breach. Any act or omission by either party which breaches any term of this Agreement may provide grounds for termination. In the event of breach, the City may also decline to provide extra - duty personnel staffing, decline to reserve City facilities, release existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. M. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. N. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. O. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. AGREEMENT FOR USn of KLEINER PARK PGR SPECIAL EvENT PAGE 7 of 8 P. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this ( Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. Q. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. R. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, she is duly authorized to act as the representative and agent of Fermentation Events, Inc. Organizer further warrants that she is authorized to bind Fermentation Events, Inc. and its principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Fermentation Events, Inc. and its principals. S. Approval required. This Agreement shall not become effective or binding until approved by both Organizer and by Meridian City Council. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers tong effective as of the day and year first above written. BREWFORIA IM CITY OF MERIDIAN: Tammy , INC.: CIYY 0± Mayor IUPXO 6 g,y ^f, ATf� of iAI TAI Attest: City Clerk AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 8 OF 8 EXHIBIT A MERIDIANPARKS AND RECREATION EVENT PLANNERS° HANDBOOK WEIT' Meridian Parks and Recreation l � A Event Planners Handbook Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501 Introduction Thank you for your interest in hosting an event in a Meridian City park! Well-run community events play a large role in making the City of Meridian a premier place to five, work and raise a family. This handbook has been developed to guide event organizers in planning and hosting an event in a Meridian park. Meridian City Code provisions regarding special events do apply. For your reference, the Meridian City Code is available online by visiting the City of Meridian website at www.meridiancity.org and clicking on "City Code" under the "City Government" tab at the top of the page, Special Events are addressed in Meridian City Code section 3-4-3. Meridian Parks and Recreation Department staff will assist you in any way they can through the permitting process and answer questions as quickly as possible to help ensure your event is a success. If you do have questions regarding anything in this handbook or would like to start talking about your event, please contact us! CSincerely, Colin Moss Recreation Coordinator Meridian Parks and Recreation 33 E. Broadway Ave. Meridian, ID 83642 Phone: 888-3579 Fax: 898-501 E -Mail: cmoss@meridiancity.org www.meridiancity.org/parks. rec www.facebook.com/meridianparksandrecreation PAGE 1 OF 17 LU'VENT PLANNER'S HANDBOOK-OClORER 2012 E WIT A.111j Meridian Parks and Recreation Meridian Parks and Recreation • 33 E. Broadway Ave. Table of Contents Event Planners Handbook Meridian, ID 83642 • Phone: 888-3579 • Pax: 898-5501 Page Special Event Approval Process.............................................................................3 Parks Available for Special Events..........................................................................4 AdmissionCharges for Events.....................................................................................4 Alcohol Sales and Consumption.............................................................................4 Americans with Disabilities Act (ADA)....................................................................5 AmplifiedSound...............................................................................................6 Cancellation and Refund Policy..............................................................................6 Fees..............................................................................................................6 Field/Layout Marking.........................................................................................8 Insurance........................................................................................................9 OvernightRV Camping.......................................................................................9 ParkHours......................................................................................................9 ParkScheduling................................................................................................9 Parkingand Security..........................................................................................10 Restrooms.....................................................................................................10 Signage.........................................................................................................10 Site Plan and Schedule of Event Activities...............................................................11 SmokeFree Parks............................................................................................11 Sponsors.......................................................................................................11 Tents, Stages, Fencing, and Other Temporary Structures..............................................12 Trash Receptacles and Dumpsters....................................:....................................12 Trees............................................................................................................13 Utilities and Generators.....................................................................................13 Vehicle Restrictions..........................................................................................13 Vendors and Concessionaires..............................................................................13 Relevant Contact Information..............................................................................14 Attachment A: Sponsorship of Privately -Organized Events in City Parks Policy......................15 Attachment B: Approved Server Training Programs....................................................17 PAGE 2 OF 17 EVENT PLANNER'S HANDBOOK- OCTOBER 2012 IDIANtL, Meridian Parks and Recreation 11y.A H t Event Planners Handbook Meridian Parks and Recreation • 33 B. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501 1. Special Event Approval Process Step 1: Contact Meridian Parks and Recreation to tentatively reserve facility while waiting for approval for your event. Recreation Coordinator— Special Events Phone: 888-3579 Fax: 898-5501 E -Mail: emoss@meridiancitv.org Step 2: Submit a completed Temporary Use Permit application and all required application materials to the City of Meridian Clerk's Office at least thirty (30) days before the event start date. Required documents include: • Completed Temporary Use Permit application. • Event site plan. • Proof of liability insurance policy with the City of Meridian named as additionally insured. • List of all event vendors and concessionaires. • Central District Health Department written approval and/or permits if food or drink will be sold or given away. • Schedule of events. • $150 application fee or proof of 501(c)(3) status. If public rights-of-way such as sidewalks or roads will be used for the event in addition to a park, a Citizen's Use Permit will also be required, with the necessary additional documentation including: • Completed Citizen's Use Permit. • Event route map. • Proof of liability insurance policy with the Ada County Highway District named as additionally insured. • $50 application fee or proof of 501(c)(3) status. Both the Temporary Use Permit and Citizen's Use Permit should be submitted to: City of Meridian Clerk's Office 33 E. Broadway Ave. Phone: 888-3579 Fax: 888-4218 PAGE 3 OF 17 EVENT PLANNER'S HANDBOOK -OCCOEOR 2012 _ ENL,w) Meridian Parks and Recreation `��- Event Planners Handbook Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501 Step 3: Pay park reservation fees for your event to Meridian Parks and Recreation, work with staff to meet all you permit's conditions of approval and host a great event! 2. Parks Available for Special Events A. Regional Parks Settlers Park 51 acres 32.45 N. Meridian Rd. Julius M. Kleiner Memorial Park 60 acres 1900 N. Records Ave. B. Community Parks Storey Park 15 acres 205 E. Franklin Rd. Bear Creek Park 19 acres 2400 S. Stoddard Rd. Tully Park 19 acres 2500 N. Linder Rd. Heroes Park 30 acres 3064 W. Malta Dr. C. Special Use Parks Generations Plaza 0.3 acres 804 N. Main St. Other sites may be available by special request and approval. 3. Admission Charges for Events Event organizers may set up a perimeter for their event, and may establish designated entrance and exit points, but may not charge admission for anyone to enter a public park or other facility. Further, no fee can be charged to park in a City -owned parking Iot, 4. Alcohol Sales and Consumption A. Events Featuring Alcohol Sales Each business selling alcohol must apply for and be approved for a Liquor Catering Permit through the City of Meridian Clerk's Office. If alcohol is being sold at an event, there must be a fenced perimeter around the area in which alcohol is being sold and consumed. The fenced area may include the entire event area (so that those who have purchased alcohol can PAGE 4 OF 17 EVENT PLANNER'S HANDBOOK - OcroBER 2012 �E Meridian Parks and Recreation Tw�w Event Planners Handbook Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501 take it elsewhere within the event), or it may also consist of a beer garden with the rest of the event area being unfenced. • Event patrons who may lawfully purchase alcohol during an event must be identified with a nontransferable wrist band on the right wrist. The event organizer is responsible for ensuring that age is confirmed by picture identification prior to wrist banding. It is the event organizer's responsibility to have enough wrist bands. If the wrist bands run out, no new event patrons may be served alcohol. • No alcohol sold within the fenced alcohol area may leave and no outside alcohol may be brought into the fenced alcohol area. Every enhance/exit point must be staffed to enforce this policy. At each exit point from the alcohol area, a sign must be posted with notice of "No alcohol beyond this point." • All staff or volunteers serving alcohol must have completed a server training program. See Attachment B for approved server training program information. • "AIl you can drink" tickets or coupons are not permitted unless written approval is given by Meridian Parks and Recreation. C B, Events Allowing Patrons to Bring Their Own Alcohol • The event organizer must apply for and be approved for a Park Alcoholic Beverage Permit through the Meridian Parks and Recreation Department. • The event area does not need to fenced, but signs must be posted prominently around the event perimeter with notice of "No alcohol beyond this point" or "No open containers beyond this point." C. Alcohol sales and consumption shall be from sunrise until sunset only. Alcohol may not be consumed during times when the park is closed, even when overnight RV parking has been approved. D. Glass beverage containers are prohibited in all Meridian parks. E. Alcohol sales and consumption regulations may be modified depending on the size, scope, location and/or time of the event. F. Any alcohol violations that take place during the event including illegal consumption, possession of alcohol by any minor, taking alcohol to others areas of the park besides those designated for alcohol, or any other violation of sections A -D above will result in the immediate suspension of any Park Alcoholic Beverage Permit and/or Liquor Catering Permit approved for the event. 5. Americans With Disabilities Act (ADA) ADA legislation directs the City of Meridian to provide equal access for people with disabilities. Event organizers must make every effort to follow ADA guidelines and provide and maintain access for people with disabilities. This includes maintaining access for sidewalks and curb cuts, and maintaining designated parking spaces for people ( with disabilities. If the event calls for additional parking, then appropriate parking for PAGE 5 or 17 EVENT PLANNER'S HANDBOOK- OCTOBER 2012 IDIAN Meridian Parks and Recreation N la A iii Event Planners Handbook Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501 people with disabilities must be provided. ADA compliant restrooms must be made available (see Restmoms). 6. Amplified Sound An approved Temporary Use Permit allows for the use of amplified sound such as bands, Ws, radio, etc. The level of the amplified sound may not exceed sixty-two (62) decibels measured at the perimeter of the park. 7. Cancellation and Refund Policy A $5.00 processing fee is charged on all reservation cancellations. A refund will not be issued when the cancellation is made less than ten (10) calendar days before the event. If weather conditions force the cancellation of an event, a refund will be processed to the payers account with Meridian Parks and Recreation. That money will then be available to use at a later date or the following year. Cash refunds are not given when the cancellation is made less than ten (10) days before the event, regardless of the reason for cancellation. 8. Fees ( Meridian City Clerk permit fees are due with the permit application at least thirty (30) days before the event. These fees are eligible to be waived with a proof of 501(c)(3) status. Please note that the organization's name must be the same on the proof of 501(c)(3) status, permit application, and insurance policy. Fee I Temnorary Use Permit I Per Event 1 $150 1 Citizens Use Permit (only needed when the event includes public right of ways such as roads and/or Per Event $50 All Meridian Parks and Recreation fees must be paid prior to the event. Fees are listed below. Picnic shelter time blocks are: 9:00 a.m. to 2:00 p.m. and 4:00 p.m. to 9:00 p.m. Description Per Fee (tax not included Picnic Shelters Settlers Park Shelter #1 (Capacity 200) $30.00 up to Settlers Park Shelter #2 (Capacity 100) 50 people Settlers Park Shelter #3 (Capacity 50) Per Time Block Storey Park Blue Shelters (Capacity 200) $15.00 each Storey Park Green Shelter (Capacity 200) additional 50 Bear Creek Park Shelter (Capacity 100) people Heroes Park Shelter (Capacity 300) PAGE 6 OF 17 EVENT PLANNER'S HANDBOOK—OCTOBER 2012 IDL N; Meridian Parks and Recreation K Event Planners Handbook Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 868-3579 • Fax: 898-5501 PAGE 7 OF 17 WENT PLANNER'S HANDBOOK- OCrOBER 2012 $60.00 up to 150 people Tully Park Shelter (Capacity 300) Per Time Block $15.00 each additional 50 people $100.00 up to Julius M. Kleiner Memorial Park Shelter AI 200 people (Capacity 400) Per Time Block Julius M. Kleiner Memorial Park Shelter Bl $50.00 each (Capacity 500) additional 100 people $50.00 up to Julius M. Kleiner Memorial Park Shelter A2, A350 Per Time Block people and A4 (Capacity 100 each) $75.00 up to 100 people Softball/Baseball Melds Settlers Park Per Hour $10.00 Bear Creek Park Per Day $75.00 Storey Park Tully Park Multi -Use Grass Fields Settlers Park (Five Fields Available) Per Hour $10.00 Heroes Park (Five Fields Available) Per Day $75.00 Bear Creek Park (One Field Available) Tully Park (One Field Available) Basketball Courts Per Hour $10.00 Heroes Park (Three Courts Available) Per Da $75.00 Bandshells Julius M. Kleiner Memorial Park Bandshell (1-500 $300 people) Per Day Julius M. Kleiner Memorial Park Bandshell (500+ $500 people. Temporary Use Permit required) Park Packages Settlers Park East Half #I (Includes Shelter #1 $300.00 and Multi -Use Fields A-E. Required for events over 1,000 people.) Per Day Settlers Park East Half #1-3 (Includes Shelters $400.00 #1, #2 and #3 and Multi -Use Fields A-E. Required for events over 1,500) Heroes Park (Includes Shelter and all grass fields) $300.00 PAGE 7 OF 17 WENT PLANNER'S HANDBOOK- OCrOBER 2012 t, Meridian Parks and Recreation Q--� Event Planners Handbook Meridian Parks and Recreation • 33 B. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501 Storey Park (Includes Blue Shelter and grass area) $200.00 Julius M. Klelner Memorial Park Al (Includes $500.00 Shelter Al and adjacent grass area. Up to 1,000 people.) Julius M. Kleiner Memorial Park A1 -A2 $750.00 (Includes Shelter Al, A2 and adjacent grass area. 1,000-2,000 people.) Julius M. Kleiner Memorial Park A1 -A4 1,000.00 (Includes Shelter Al, A2, A3 and A4 and adjacent grass area. 2,000-3,000 people.) Julius M. Kleiner Memorial Park Full Park (Includes Shelter Al, A2, A3, A4, B-1, 1,500.00 bandshell, and grass area. 3,000+ people.) Park Alcoholic Beverage/Liquor Catering Permit Per Day Per Vendor $20.00 Baseball/Softball Field Prep Per Field Per Occurrence $12.50 Field Lights Storey Park Herald Cox Softball Field Lights Per Hour $15.00 Heritage Middle School Ballfield Lights $15.00 Storey Park Mo Brooks Baseball Field Lights $25.00 Meridian Parks and Recreation On -Site Staff MPR staff will be available during regular staff hours (7:00am-3:30pm daily) at no additional Per Hour Per charge. For events over 750 people, the event staff $20.00 organizer will be required to pay for 1 staff to stay past 3:30pm until the event's conclusion. For events over 1,500 people, 2 staff will be required, Event organizer will also be responsible for reimbursing the Meridian Parks and Recreation Department for any cleanup beyond routine maintenance, loss or damage to City property resulting from the event. 9. Field/Layout Marking With prior consent by the Meridian Parks and Recreation Department, the event organizer may be permitted to paint on the grass to identify the location for vendors, stages, athletic fields, etc. Permission may be withheld or conditioned depending on the event location, time of year and field condition. The painting cannot take place more than three days prior to the event, The type and color of paint must be approved by the Meridian Parks and Recreation Department. Painting on any surface besides grass is prohibited. PAGE of 17 EVENT PLANNER's HAnuBooK-OCTOBER 2012 om!RIMeridian Parks and Recreation PIAH Event Planners Handbook Meridian Parks and Recreation - 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501 10. Insurance All event organizers are required to maintain an event insurance policy containing: • The City of Meridian named as additionally insured, • A minimum of $500,000 per person bodily injury, • A minimum of $500,000 per occurrence bodily injury, • A minimum of $500,000 per occurrence property damage. Proof of insurance coverage must be submitted with the Temporary Use Permit at least thirty (30) days before the event. The name on the insurance policy must match the name of the Temporary Use Permit applicant. If applying to have the Temporary Use Permit fee waived, the organization name on the insurance policy must also match the organization name on the proof of 501(c)(3) status. 11. Overnight RV Camping Staying overnight in a park will be allowed only by written order of the Department Director. Overnight stays will be permitted only in recreational vehicles or campers in the parking lot. Tent camping is not permitted. Approval will only be given in conjunction with an approved Temporary Use Permit. The following conditions will apply when approval has been given to stay in the park overnight: • Staying overnight will be limited to individuals who have a need to stay on-site throughout the night for the successful operation of the event. • No other vehicles besides the RVs or campers approved for overnight parking will be allowed to stay in the park overnight. • City of Meridian quiet hours are from 11:00 p.m. to 6:00 a.m, as established by Meridian City Code section 6-3-6. • Alcohol consumption is prohibited during overnight hours, even in association with events that have alcohol permits. Any and all alcohol consumption must cease at the end of the event for the day or at sunset, whichever is earlier. • The location within the park where overnight camping will take place must be approved by the Meridian Parks and Recreation Department. 12. Park Hours All City of Meridian parks are open from sunrise until sunset. Events may not operate outside these times unless written permission is given by the Meridian Parks and Recreation Department. 13. Park Scheduling Meridian Parks and Recreation is a public agency and, therefore, exclusive use of a park facility cannot be granted. Public access to non -reservable park amenities such as playgrounds must be maintained at all times. An event organizer may choose to restrict ( public access to an event, but may only restrict access to reserved facilities, such as V PAGE 9 or 17 EVENT PLANNERS HANDBOOIr — OCTOBER 2012 E Meridian Parks and Recreation - l Q A 4 0 Event Planners Handbook Meridian Parks and Recreation - 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501 picnic shelters. Meridian Parks and Recreation also cannot grant any kind of "buffer time" around an event in which similar events are not allowed to be scheduled. Annual events are given first priority in the event scheduling process and can be tentatively scheduled up to two years in advance. All other events can be tentatively scheduled up to one year prior to the event start date. The event organizer should notify Meridian Parks and Recreation as soon as possible if a tentatively scheduled event needs to be cancelled. A tentative park reservation will be automatically cancelled if the Temporary Use Permit application is not submitted to the Meridian City Clerks Department the required 30 days before the event start date. 14. Parking & Security Parking is limited to designated areas and is available on a first come, first served basis. All roadways and parking lot drive aisles are fire lanes and cannot be blocked. Depending on the size and scope of the event, the event organizers may be required to submit written traffic control, security, off-site parking and/or shuttle service plans at Cleast thirty (30) days prior to the event start date. If the event organizer wishes to have an on-site police presence during their event, on - duty officers can be requested through the Meridian Police Department. Contact Lt. Scott Colaianni with the Meridian Police Department at 888-6678 or scolaianni@meridiancity.org for availability and information regarding this service. 15. Restrooms One restroom for each gender is required for every two hundred (200) people attending an event. If there are not enough on-site restrooms to accommodate the size of the event, the Central District Health Department requires that portable restrooms and hand washing stations be provided and removed at the expense of the event organizer so this standard is met. If additional restrooms are needed, at least one ADA restroom mast be included in each group. All portable restrooms must be placed on hard surfaces and be accessible from the roadway. Portable restroom supply and service companies may drive on pavement only. Location(s) of portable restroom must be approved by Meridian Parks and Recreation. These units should be serviced as needed. All portable restrooms must be removed from the park at the end of the event. 16. Signage Special events taking place within the City of Meridian are restricted by code to a maximum of two hundred (200) signs no larger than six (6) square feet each and a PAon 10 of 17 EVENT PLANNER's HANDBOOK— OCTOBER 2012 Meridian Parks and Recreation i Event Planners Handbook Meridian Parks and Recreation • 53 B, Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 -Fax: 898-5501 maximum of twelve (12) signs no larger than thirty-two (32) square feet each. These maximums include on-site and off-site signs, Event organizers must get property owner permission to erect any off-site signs. No off-site signs may be erected at other Meridian park sites. On-site signs are limited to the day of the event and may only be located in the event area with the one exception detailed in the following paragraph. On-site signs may not be erected in other areas of the park unless approved by Meridian Parks and Recreation. An event organizer may be authorized to erect one on-site sign, up to thirty-two (32) square feet in size, no more than five (5) days prior to the event start day. The location of the sign must be approved by Meridian Parks and Recreation, 17. Site Plan and Schedule of Event Activities An event site plan must be submitted with the Temporary Use Permit at least thirty (30) days before the event. The site plan must include: • Event name, date and location • Proposed location of temporary structures including tents, fencing, stages, etc. j • Proposed locations of goods, vendors, and displays • Proposed locations of first aid stations, portable restrooms, and hand washing stations • Proposed locations of temporary signs • Proposed location of generators • Any other major service needed or activity planned Park maps are available upon request or can be downloaded from the Meridian Parks and Recreation's website at www.morldiancity.org/parks rec on the "Current Parks" page. Meridian Parks and Recreation reserves the right to adjust the proposed event layout based on weather, turf conditions, maintenance or public safety issues. A schedule of event activities must also be submitted with the Temporary Use Permit at least thirty (30) days before the event. The schedule must include: • Set tip and take down times • Event start and end times • List of the times for all event activities 18. Smoke -Free Parks All Meridian parks are smoke-free zones with the exception of the parking lots. The event organizer will be expected to help uphold this policy by notifying event patrons as necessary. 19. Sponsors All event sponsors must be listed on the Temporary Use Permit application, which is due 30 days before the event start date. The event organizer may not invite any business or PAGE 11 of 17 EVENT PLANNER'S HANDBOOK -OCTOBER 2012 Meridian Parks and Recreation P. :+ = a 1 � Event Planners Handbook Meridian Parks and Recreation • 33 B. Broadway Ave. - Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501 organization to sponsor their event that violates Meridian Parks and Recreation's "Sponsorship of Privately -Organized Events in City Parks" Policy. Please see Attachment A on page 15 to view the complete policy. 20. Tents, Stages. Fencing and Other Temporary Structures The size and location of all tents, stages, fencing and other temporary structures are required to be provided with the event site plan. Each event's proposed site plan will be reviewed by the Meridian Fire Department and the Meridian Building Department for compliance with Fire and Building Codes. Several factors including tent side-walls, size and location of tents, and others will go into the conditions of approval or basis for denial of one or more tent(s) or other temporary structure(s). As a general rule, an individual tent or group of tents put together may not exceed seven hundred (700) square feet. Every seven hundred (700) square foot or less tent or group of tents must have a minimum clearance distance of twelve (12) feet from other tents or temporary structures. Example: If an event is using multiple 10' x 10' (100 square foot) tents, seven (7) of those tents may be placed side-by-side or in a group at which point there must be a twelve (12) foot break before the next group of seven (7) tents. As this is a general rule, though, tents smaller or larger than seven hundred (700) square feet may be. approved, may be subject to additional conditions of approval, or may be denied on a case-by-case basis. To avoid damage to turf and underground utility lines, Meridian Parks and Recreation prefers all temporary structures to be secured with water barrels or sandbags instead of stakes. If stakes must be used, the location of such stakes must be approved by the Meridian Parks and Recreation Department. Stakes less than eight inches (8") long do not need approval. 21. Trash Receptacles and Dumusters The Meridian Parks and Recreation Department can provide up to ten (10) extra trash cans at no additional charge when necessary. Depending on the size and scope of the event, additional trash cans and/or dumpsters may be required beyond what the Meridian Parks and Recreation Department can provide. In that case, the event organizer will be responsible to contact the City's waste collection franchisee and arrange for sufficient trash receptacles and/or dumpsters to be available at the event and pay any associated fees for that service. Currently, Settlers Park is the only City park that has permanent recycling containers. For events taking place at other parks, the use of temporary recycling containers is encouraged. PAGE I2 of 17 EVENT PLANNER'S HANDBOOK- OCTOBBR 2012 - Meridian Parks and Recreation l rl Event Planners Handbook Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501 22. Trees No person in any City park shall damage, cut, carve, transplant, or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. Trees also may not be used to hang any kind of sign using rope, wire, staples, tacks, glue, or anything else that could potentially be of harm to the tree. 23. Utilities and Generators Electricity and water utilities are available for event use at no additional charge. Meridian Parks and Recreation staff will notify the event organizer of where these utilities are available, but will not be able to provide extension cords, hoses, etc to access them. If additional power is needed for an event beyond what is available at the park, it will be the event organ'izer's responsibility to provide generators, All generators must be UL -approved and may not be operated between 11:00 p.m. and 6:00 a.m. per City of Meridian noise ordinance. Generators must be located a minimum of twenty feet (20') from all tents or structures. Fuel must be kept in an approved safety container and kept in a secure area away from the generator. Generators must be shut off before being refueled. 24. Vehicle Restrictions Any unapproved vehicles left in the park after sunset will be towed at the owner's expense. Due to possible turf and sprinkler head damage, vehicles are restricted to paved roads or parking areas unless when specific vehicles are approved to drive on the turf. In such cases, Meridian Parks and Recreation will work with the event organizer to delineate approved entrance and exit routes, which specific vehicles will be allowed to drive on the turf, and which specific vehicles/trailers may remain on the turf for the duration of the event. When a vehicle/trailer has been approved to remain on the turf throughout an event, that vehicle/trailer must have plywood pillows under the wheels and tongue jack. 25. Vendors and Concessionaires Event organizers may engage food, craft and other service and product vendors as part of their special event. A list of all event vendors must be submitted with the Temporary Use Permit at least thirty (30) days before the event start date. All vendor vehicles and trailers are subject to the same restrictions as other vehicles as detailed in the "Vehicle Restrictions" section. For any vendor selling or giving away food or drink, the following conditions will apply: • Each vendor who is selling or giving away food and/or drink must be listed in the permit application to the Central District Health Department. A copy of the C Central District Health Department's written approval and/or permit must be included with the event organizer's Temporary Use Permit. PAGE 13 of 17 EVENT PLANNER'S HANDDOOK - OcronER 2012 "T Meridian Parks and Recreation ln Event Planners Handbook Meridian Parks and Recreation • 33 R Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898.5501 • If vendor is operating an enclosed concessions vehicle or trailer, they must have completed a fire inspection prior to the event. Contact the Meridian Fire Department at 888-1234 to schedule an inspection. • Glass beverage containers are prohibited in all Meridian parks. • Vendors must carry out used water, grease, and charcoal. • Any vehicles/trailers used for cooking on-site will be required to be separated from all other vendors or tents by a minimum of twenty feet (20'). • Cooking equipment must be located a minimum of ten feet (10') from any tent or combustible material. • If any vendor wishes to sell, demonstrate, or use any type of firearm rifle or pistol including air powered; any type of archery bow including but not limited to long bows, compound bows, and crossbows; or any type of edged weapon including but not limited to knives, machetes, and swords, the event organizer must submit an attachment with the Temporary Use Permit that includes the vendor name, the type of weapon that will be sold, demonstrated, or used, and an operational plan for the successful; safe execution of the proposed sales, demonstration or use. 26. Relevant Contact Information Here are some helpful contact numbers to get your event questions answered: Agency Phone Number Fax Number Meridian Parks and Recreation 888-3579 898-5501 33 E. Broadway Ave. Meridian City Clerks Office 888-4433 888-4218 33 E. Broadway Ave. Meridian Fire Department 888-1234 895-0390 33 E. Broadway Ave. Meridian Police Department 888-6678 846-7366 1401 E. Watertower Ave, Meridian Building Department 887-2211 887-1297 33 E. Broadway Ave. Ada County Highway District 387-6140 345-7650 3775 Adams St. — Boise Central District Health Department Environmental Health 327-7499 327-8553 707 N. Armstrong A — Boise Republic Services 888-3999 888-5052 2130 W. Franklin Rd. PAGE 14 of 17 EVENT PLANNER'S HANDDOOK-OCTOBER 2012 Attachment A (�E IDIAN�,- tDAH© Meridian Parks and Recreation Department ADMINISTRATIVE POLICY SUBJECT: SPONSORSHIP OF PRIVATELY -ORGANIZED EVENTS IN CITY PARKS PURPOSE: To provide a written policy describing acceptable sponsors for events and activities that are sponsored by private parties and that are held in City Parks and facilities. POLICY: A. All sponsors of events held in City Parks and facilities shall adhere in every respect to all applicable federal, state and local laws, regulations and City policies. B. Any sponsor which promotes or endorses any of the following content may not sponsor any event or activity held in a City Park or facility: 1. Content that is deemed in violation of this policy or any other applicable City policy; 2. Profane, obscene, indecent, violent, or pornograpbic content and/or language; 3. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; 4. Defamatory or personal attacks; 5. Tin -cats to any person or organization; 6. Content that promotes, fosters or perpetuates conduct in violation of any federal, state or local law; PACE 15 OF 17 EVENT PLANNER'S HANDBOOK- OCTOBER 2012 7. Content that encourages or incites illegal activity; 8. Information that may tend to compromise the safety or security of the public or public systems; 9. Content that violates a known legal ownership interest, such as a copyright, of any party; or 10. Any content that contains or perpetuates a message that the Director of the Parks & Recreation Department deems to be inappropriate and not in the best interest of the City of Meridian. C. If the City becomes aware that any engaged or potential sponsor of an event or activity held in a City Park or facility promotes or endorses such content, the City may deny or revoke any permit, reservation, or other permission allowing the event or activity to be held in such Park or facility; disallow the event or activity within that or other City Parks or facilities; and/or restrict or remove any content that is deemed in violation of this policy or any applicable law. AUTHORITY: The Director or his designee will monitor event/activity sponsors to ensure adherence to this policy and consistency with the interest and goals of the City of Meridian. PAGE 16 OF 17 EVENT PLANNERS HANDBOOK- OCTOBER 2012 Attachment B CSL E IDR IANC-- I�OAHO MoridianYollce Department ADMINISTRATIVE POLICY S(JBJRCTt APPROVED SERVER TRMNING PROGRAMS Pup Posm To enumerate Approved Server Training Programs, the. completion of which shall qualify a Server for certification pursuant to the requirements of Title 3, Chapter 7, Meridian City Code. POLICY: These server training programs are found by the Chief of?olice to meet the requirements of Meridian City Code section 3-7.2(B) and are therefore deemed to be Approved Server Training Programs for the purposes of Title 3, Chapter 7, Meridian City Code: 1, ServSafe Alcohol Responsible Alcohol Serviee Training. program National Restaurant Association Educational Foundation 175 Westlaeltson Boulevard; Suite 1500 Chicago, Illinois 60604-2702 (800)765-2122 http:f/www.servsafe:com 2, TIPS (Training for Intervention Procedures) Flealth Communications, Inc. 1101 Wilson Boulevard, Suite 1700 Arlington, Virginia 22209 (800)'438-8477 htip://www.gettips.com 3, . Learn2Serve Alcohol Seller and Server Certification 360training.com, Inc: 13801 N. Mo -Pao, Suite 100 Austin, Texas 78727 888-360-8764 httpc//www,learn2serve.com 4, Gent State Justice Alcohol Certification & Education (ACE) 208 Louisa Street Boise; ID 83712 208-949-6679 itttp://www.gemstatojustice.COM PAGE 17 OF 17 EVENT PLANNER'S ]HANDBOOK—OCTOBER 2012 EXHIBIT B SECURITY AGREEMENT Intermountain Security and Investigations LLC CONTRACT AGREEMENT This agreement entered into by and between Brewforia Beer Market, hereinafter referred to as "Owner", and Intermountain Security and Investigations LLC (ISI), hereinafter referred to as "Contractor". Contractor agrees tas-upply to the owner certain services and duties which are to be performed in connection.with the event known as the Barley Bros. Traveling Beer Show located at: Kleiner Park in Meridianjdaho.. TERMS AND CONDITIONS 1. DUTIES: Contractor shall furnish all: labor and supervision required to:puforni in a thorough and competent manner the described services in Exhibit "A", attached hereto and incorporated herein. Services. shall be performed in a. manner and at times that will not interfere with the conduct of business of any tenant na nt or occupant of the premises. 2. TERM: This agreement shall be in effect. beginning onjuly 10, 2013. 3. TERMINATION- Either party may terminate this Agreement by giving 30 days written notice to the other. 4. PRICE: The price for services. shall be per schedule on Exhibit "A". Any additional services required shall be invoiced separately and on a negotiated basis. Statements for services rendered shall be submitted within five (5) days and shall be due and payable within thirty (30) days of statement date. 5. REQUI REM ENTS:.Contractor shall maintain liability insurance in the amount of $1,000,000.00and.workman's compensation insurance. 6. 1 ANGUAGE: Where language differs between the "Contract Agreement" and Exhibit t "A" attached hereto, the language in the "Co ntract Agreement" shall prevail. The language of Exhibit "A" is subordinate to that of the "Contact Agreement". Brewforia Be .r Market By: k zll_� —Rick Boyd Owner Date 7-12-18 Contractor Date EXHIBIT C EMERGENCY MEDICAL SERVICES AGREEMENT AGREEMENT NO. ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT EMERGENCY MEDICAL STANDBY SERVICES AGREEMENT THIS AGREEMENT is made and entered into on this day of 2013, by and between the Ada County Emergency Medical Services District, a duly formed and existing ambulance service district pursuant to the laws of the State of Idaho (hereinafter "District'), and Brewforia Beer Market (hereinafter "Agency"). WHEREAS, the Agency is in need of Emergency Medical Standby Services at the Barley Brothers Traveling Beer Show, on Saturday, August 24 and Sunday, August 25, 2013, from 10:45 a.m, to 7:00 p.m., at Kleinger Park -Meridian (hereinafter "Event'); and WHEREAS, District can provide Emergency Medical Standby Services during this Event; and WHEREAS, the parties wish to enter into the following Agreement; WHEREAS, the parties mutually agree as follows: I. DUTIES OF AGENCY A. Agency agrees to hold harmless, defend, and indemnify District and Ada County, and their officers, agents, and employees, from all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with any activities of Agency and its employees, or representatives under this Agreement. B. Should District or Ada County, which is providing standby emergency medical services to the Agency pursuant to this Agreement, or any of their officers, agents, employees, insurers, or indemnitors have any claims, demand, suit or judgment brought against them which arises from such services, the Agency will defend, at its expense, and indemnify District and Ada County, including their officers, agents, employees, insurers, and indemnitors, and hold them harmless in the premises. Agency shall defend such allegations through counsel chosen by the District and Ada County and Agency shall bear all costs, fees, and expenses of such defense, including, but not limited to, all attorney fees and expenses, court costs, and expert witness fees and expenses. ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT EMERGENCY MEDICAL STANDBY SERVICES AGREEMENT - I C. Agency shall pay District after the Standby Emergency Medical Services at the Event have been rendered at the Event, and upon Districts submission of an invoice with the amount due and owing. Payment, as reflected on the invoice, is due in thirty (30) days. D. During the Event, Agency shall comply with, and abide by any reasonable and lawful directives issued by authorized representatives of the District. II. DUTIES OF THE DISTRICT A. District shall provide Standby Emergency Medical Services at the Event. B. District will provide the following equipment and staffing: One paramedic standby service with medically equipped ambulance at the rate of $45.00 per hour. 0 ea. Additional paramedics at a rate of $35.00 per hour. 0 ea. Paramedic supervisor at arate of $40.00 per hour. C. An additional hour will be added to the total for travel to and from said event. Alt prices include planning and preparation time, and the minimum duration for standby service is one hour. Time is billed to the quarter hour. Agency. HI. MISCELLANEOUS PROVISIONS IT IS FURTHER UNDERSTOOD THAT: A. District and its officers, employees, and agents shall not be considered employees of B. There shall be no deductions fiom the payment made to District for taxes, either state or federal, and District shall be solely responsible for the payment of any wages, taxes, or insurance as may be required based on the payment received. ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT EMERGENCY MEDICAL STANDBY SERVICES AGREEMENT - 2 C. District personnel are tasked with rendering emergency medical services at the scone �- of the medical emergency, or injury, or onset of acute illness to which they have been dispatched or summoned and shall be deemed to have complete medical and technical rescue authority until arrival at the hospital, and the patient is released to hospital staff. D. Any other first aid medical personnel will relinquish all patient responsibility to District personnel including transportation procedures. The only exception will be when an attending physician agrees to assume all medical responsibility and authority including traveling with the patient to the hospital. E. The rates stated in this Agreement are for reimbursement of the costs incurred for providing equipment and personnel for standby purposes. All patients treated and/or transported will be individually billed for services rendered. F. In the event of a dispute or litigation involving the meaning of the terms contained within this Agreement, the customary meaning as used within the medical profession will control. Idaho. G. This Agreement shall be governed and interpreted pursuant to the laws of the State of H. In the event of any litigation arising under or as a result of this Agreement, the prevailing party shall recover its costs and reasonable attorney fees. I. In the event any provision or section of the Agreement conflicts with applicable law or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and shall be carried into effect. I. The failure of a party hereto to insist upon a strict performance of this Agreement shall not be a waiver of any breach or of any terms or conditions of this Agreement by any other party. parties. K. This Agreement may be modified or amended by a writing duly executed by both L. This writing embodies the whole Agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained in this Agreement. All previous and contemporaneous communications, representations, or agreements, either verbal or written, between the parties are superseded by this Agreement. ADA COUNTY EMERGENCY MEDICAL, SERVICES DISTRICT EMERGENCY MEDICAL STANDBY SERVICES AGREEMENT - 3 DATED this day of 120 Board of the Ada County Emergency Medical Services District By: Chairman ATTEST: Christopher D. Rich, Ada County Clerk Brewforia Beer Market Signed name of Authorizing Agent Print Name of Authorizing Agent Title: 3030 E. Overland Rd., Ste 100, Meridian, ID 83642 (208)888-7668 STATE OF IDAHO ) ) ss. County of Ada ) On this day of 20 , before me, a Notary Public, personally appeared , known or identified to me to be the person whose name is subscribed to the instrument, and acknowledged to me that he executed the same on behalf of Agency. Notary Public for Idaho Commission ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT EMERGENCY MEDICAL STANDBY SERVICES AGREEMENT - 4 EXHIBIT D PARKING PLAN Emily Kane From: Tatiana Martz datiana@brewforia.com> Sent: Wednesday, July 31, 2013 2:18 PM To: Emily Kane Cc: Nancy Radford Subject: BBTBS Parking Email Approvals SOCKEYE BREWING On Jul 26, 2013, at 8:41 AM, Sockeye wrote: Sockeye Brewing is giving Barley Bros Traveling Beer Show permission to us our parking lot for over flow parking for their event on August 24 -25th. There are about 75 spaces. Tylar Bell Director of Sales Sockeye Brewing (208)891-7817 Tylarbell@sockeyebrew.com BIG AL'S PARKING On Jul 20, 2013, at 12:59 PM, Hugh Crawford wrote: Tatiana — We can provide you with conditional approval to utilize 130 parking space at The Village at Meridian. The parking spaces we can make available are adjacent to Big AI's and very near the main entrance to Kleiner Park. Please see the attached site plan showing the proposed parking location. The conditions for our approval are as follows: • Provide us with written approval from other venues/property owners showing evidence that you have secured the additionally required off-site parking spaces. • Provide us with a Certificate of Insurance evidencing $2,000,000 in general liability coverage listing all the additional insured as shown on the attached Exhibit G document. • Provide us with a written plan on how you are going to secure and manage the parking area we are providingto ensure we won't experience any property damage to landscaping, buildings, fencing, etc.. Simply put, will you have a security officer stationed in this parking lot to oversee and manage the conduct of your event attendees as they are coming and going from the event. Also, how will you control access to the lot; barricades, fencing, etc.. • Provide us with a signage plan that explain how you will direct cars to this lot and mitigating event attendees from parking in other areas of our parking lot; Event Parking and No Event Parking signs strategically placed around the property. We look forward to working with you. Please let me know if you have any questions or concerns regarding the Cabove. C Hugh S. Crawford, SCSM General Manager C E N T E R C A L PROPERTIES, L L C I Crearing Value, forRetailers and Commanilies The Village at Meridian 3600 E. Fairview Avenue, Meridian, Tdaho 83(42 n (office) 208.888.1701 hcrawford@centercal.com http://centercal.com LAKE HARBOR PARKING From: Mary Hurja <mary@growlocalusa.com> Date: July 26, 2013 1:17:47 PM MDT To: Tatiana Martz <tatianata-)brewforia.com>, Rick Boyd <rick0brewforia.com> Subject: Parking Tatiana, we are holding 100 parking spots at Lake Harbor for Brewforia. If more is needed we have an additional 100 spaces for them.. Mary Hurja Managing Director Grow Local USA T:(760)861-7015 Click on link to learn about Grow Local USA, Idaho www.youtube.com/watch?v=u8fibcrK7,ls Tatiana Martz Brewforia Beer Market 3030 E. Overland Rd. Ste 100 Meridian, ID 83642 (208) 888-7668 www.Brewforia.com Meridian City Council Meeting DATE: August 20, 2013 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: AWARD OF BID AND APPROVAL TO BRICON, INC. Award of Bid and Approval of Agreement to Bricon, Inc. for the "8th Street Park Restroom and Playground - Construction" Project for the Not -To -Exceed Amount of $131,228.50 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 Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager CC: Jacy Jones, Jay Gibbons Date- 8/14/13 Re: August 20 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 20 City Council Consent Agenda for Council's consideration. Award of bid and approval of Agreement to Bricon, Inc. for the "8r' Street Park Restroom and Playground — Construction" project for a Not -To -Exceed amount of $131,228.50. This award and Agreement are the result of formal IFB #PKS-13-6003- 10397-1. Five bids were received. Recommended Council Action: Approval of Bid Award and Agreement to Bricon, Inc, for the Not -To -Exceed amount of the Bid Award of $131,228.50. Thank you for your consideration. 0 Page 1 Dr+o; Fund: CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST 7/18/2013 REQUESTING DEPARTMENT PARKS 20 Department: 5200 GLAccount: 93407 Project# Construction: x PSA: Task Order: 6003-10397 Project Name: 8th Street Park Restroom and Playground - Rebid -Construction Project Manager: Jay Gibbons Department Representative: JayGlbbons Contractor/Consultant/Design Engineer: BRICON, INC / InsightAfchltects Budget Available (Attach Report): Y WIII the project cross fiscal years? Budget Information: Yes Y No FY Budget: FY13 Contract Amount: $131,228.50 E -Builder license Yes: N/A No: Enhancement 0: Other: CONTRACT CHECKLIST ,. BASIS OF AWARD L( bidder X Highest Rated (old Results Attached) Yes (Ratings Attached) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: PW License N C-11823 Corporation Status (Attach Print out): August 16, 2013 Current? (attach printout) Goodstanding Insurance Certificates Received (Date): August 14, 2013 Payment and Performance Bonds Received (Date): August 14, 2013 Builders Risk Ins. Req'd: Yes No _ Grant fl: CDBG TypeofGrane Master Agreement (Category) Date Award Posted: Yes Rating: Rating: If yes, has policy been purchased? Date submitted to Clerk for Agenda: Approved by Council Issue Purchase order No Date Issued: Issue Notice of Award: Date: August 6, 2013 Correct Category? A++ A - AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION) PROJECT # 6003-10397-1 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 20" day of AUGUST, 2013, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Bricon, Inc, hereinafter referred to as "CONTRACTOR", whose business address is 2345 E. White Hawk, Meridian, ID 83646 and whose Public Works Contractor License # is C -11823 -AA - 3 -4. INTRODUCTION Whereas, the City has a need for services involving 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which Is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor 8TH STREET PARK RESTROOM AND PLAYGROUND- REBID - CONSTRUCTION page 1 of 15 Project 6003-10397-1 represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used In performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained In any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B 'Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $131.228.50. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Per the requirements of the CDBG Grant weekly certified payroll reports be submitted to the City of Meridian. 2.4 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2014 or (c) unless sooner terminated as provided in Section 3.4 below or unless some other method or time of termination is listed in Attachment A. 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 2 of 15 Project 6003.10307-1 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fall to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, atthe Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 60 (sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, oragentsfails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct In the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 3 of 15 Project 6003-10397-1 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY In the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and Losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and minimum.amounts as follow: General Liability One Million Dollars ($1,000,000) per Incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, In the statutory limits as required by law.. The limits of Insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the Insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement bythe Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal Injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance 0TH STREET PARK RESTROOM AND PLAYGROUND- REBID- CONSTRUCTION page 4 of 15 Project 6003-10397-1 with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City orthe City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated. herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. 9. 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 as follows: 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 5 of 15 Project 6003-10397-1 CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 CONTRACTOR BRICON, INC Attn: Mark Brice 2345 E. While Hawk Meridian, ID 83646 Phone: 208-888-3746 Email: briconl@msn.com Idaho Public Works License #C -11823 -as -3-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement bythe party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITi(. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 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. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the. termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 6 of 15 Project 5003-10397-1 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permitthe CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work C to be performed hereunder. Such changes,. including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be Invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 7 of 15 Pro]act 6003-10397-1 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. 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 Meridian. 26. CDGB GRANT REQUIREMENTS: This project is being funded by a Community Development Block Grant. The Davis -Bacon Act applies to this project and it is the responsibility of the Contractor to comply In all aspects of the law. This contract, will be subject to HUD -4010 Federal Labor Standards Provisions attached hereto as "Attachment C" and made a part hereof. Paragraph 2 on page 2 of 5 of HUD -4010 states that the City may withhold payment to Contractor for failure to pay wages when due. Davis -Bacon requires wages to be paid not less often than once aweek. All subcontractors and any lower tier subcontractors are subject to the same Davis - Bacon Wage requirements as the general contractor. 27. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. END OF TEXT. SIGNATURES FOLLOW ON NEXT PAGE 6TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 6 of 15 Project 6003-10397-1 CITY OF �MERIDIAN TAMMY de IrrD, MAYOR Dated: F, a o 1-3 r= + BRICON, INC BY: /-^ C_' lam—. MARK BRICE, Presklea Dated: 0 l r 3/ 3 A CLST 9 O� r F,T SEAL Purging Approvalrp„i By: 6✓// KEITIfWATTS, Purch"ng Manager Dated:: App RIM STEV6SIDDOWAY, Parks kW D"arecdcw Dated:: �' �(3 r. •:.r.-�1” Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PKS-13-6003-10397-1 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-1 3-6003-10397-1 , are by this reference made a part hereof. STH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 10 of 15 Project 0003.10397-1 Attachment B MILESTONE ! PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $131,228.50. It Milestone 1 Substantial Completion 50 (fifty) days Milestone 2 Final Completion 60 (sixty) days -- Contract includes furnishing all labor, materials, equipment, and incidentals as required for the 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION per IFB PKS-13-6003-10397-1 Total Bid Schedule 1 ...................$131,228.50 CONTRACT TOTAL ....................... $131.228.50 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED. BY CITY. Mail Schedule .f rtuBI" _ Item No. Description Quantity Unit Unit Price 1 Construction Fencing LF $2.00 2 Provide all labor, materials and equipment to fully <5 $112,809.00 construct restroom building and all appurtenances. Provide all labor, materials and equipment to 3 Install concrete sidewalk -thickened base per detail SF $5.00 3, sheet 1-1,2 4 Provide all labor, materials and equipment to SF $3.50 Install concrete sidewalk per detail 4, sheet 1-3.2 Provide all labor, materials and equipment to 5 excavate playground area, install playground LS $4,500.00 curbing and playground'ramp. 6 Provide all labor, materials and equipment for LS $4,300.00 erosion sediment control plan 7 [provide all bonds LS $3,300.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. 6TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 11 of 15 Project 6003.10397-1 Attachment C HUD -4010 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Previous edit] l ns are obsolete form HUD -0010 (06!2009) ref, Handbook 1344.1 Applh abtlltyThe Projector Program to which the construction work covered by this contract pertains is being assialed by the United States of America and the following Federal LaborSlandards Provisions are included in this Conlreul pursuant to the provlslonsapplicable to such Federal assistance. A.1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Pad 3), the lull amount of wages and bona fide fir inge benefits (or cash equivalents Ihereoll due at time of payment computed at rates not less then those contained In the wage determination of the Secretary of Labor which is attached hereto and made a pad hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anildpated. for bona Ode fringe benefits under Section l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs Incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rale and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics pedonning work In more than one classification maybe compensated at the rate specified for each classification for the time actually worked [herein: Provided, That the employer's payroll records accurately set forth the time spent in each classification In which work Is performed. The wage determination (Including any addllional classification and wage rates conformed under 29 CFR 5.5(a)(1)(11) and the Davis -Bacon poster (WH -1321) shall be posted at all limes by the contractor and its subcontractors at the site of the work In a prominent and acceselble, place where It can be easily seen by the workers. (ll) (a) Any class of laborers or mechanics which is not fisted in the wage determination and which Is to be employed under the contract shall be classified In conformance with the wage determinaffon. HUD shall approve an additional classification and wage rale and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification In the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rule, Including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained In the wage determination. (b)11 the contractor and the laborers and mechanics to be employed in the classification (it known), or their representatives, and HUD or he designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or Its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Depadmont of Labor, Washington, D.C, 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or Its designee orwllf notify HUD or its designee within the 30 -day period that additional Ilmels necessary. (Approved by the Office of Management and Budget under OMB control number 1215.0140.) (c) In the even[ the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD of Its designee do not agree on the proposed classlllcatlon and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or lie designee shall refer the quesfibns, including the views of all Interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an aulhodzed representative, will issue a determination within 30 days of receipt and so advise HUD or designee or will notify HUD oelts designee within the 30 -day period that additional time Is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rale (Including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(1q(b) or (c) of this paragraph, shall be paid 10 all workers pedormlpg work In the classification under this contract from the that day an which work is performed in the classification. (Ili) Whenever the minimum wage rate prescribed In the contract for a class of laborers or mechanics Includes a fringe benefit which Is not expressed as an hourly rate, the contractor shall either pay the benefit as staled in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anllclpaled In providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis. Bacon Ac[ have been mel. The Secretary of Labor may require the contractor to set aside In a separate account assets for the mauling of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or Its designee shall upon Its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the some prime contractor, or any other Federally-asslsled contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, Including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, Including any apprentice, trainee or helper, employed or working on the site of the work, all or pad of 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 12 of 15 Project 6003-10397-1 the wages required by the conlracl, HUD or IIs designee may, alter wdtlen notice to the contractor, sponsor, applicant, or owner, lake such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or Its designee may, after written notice to the contractor, disburse such amounts withheld for and an account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in [he case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the Work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section. I(b)(2)(9) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(Iv) that the wages of any laborer or mechanic Include the amount of any costs reasonably anticipated In providing benefits undone plan or program desedbed In Section r(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such beneflia Is enforceable, [hat the plan or program is financially responsible, and that the plan or program has been communicated In wdtlng to the laborers or mechanics affected, and records which show the costs anticipated or the actual coal incurred In pro�dingsuch beneflls. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registry}son of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rales prescribed in the applicable programs. (Approved by lire Office of Management and Budget under OMB Control Numbers 12150140 and 1215-0017.) (II) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD er Its designee if the agency is a party to the contract, but If the agency Is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or Its designee. The payrolls submitted shall set out accurately and completely all of the Information requl fed to be maintained under 29 CFR 15.5(a)(3)(1) except [hat full social security numbers and home addresses shall not be included on weekly transini0als: Instead the payrolls shall only need to Include an Individually Identifying number for each employee (e.g.. the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -3471s available for [his purpose from the Wage and How Division Web site at http7/www.dal gav/esalwhdltormsAvh3471nsfchlm or Its successor site. The prime contractor Is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or Ito designee If the agency is a party to the contract, but If the agency Is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of mbar for purposes of an Investigation or audit of compliance With prevailing wage requirements. h is not aviolation of This subparagraph for a prime contractor to require a subcontractor to provide addresses and socfaf security numbers to the prime contractor for Its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a'Stalement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the Information required to be provided under 29 CFR 5.5 (a)(3)(11), the appropriate Information is being me)ntalned under 29 CFR 5.5(a)(3)(1), and that such Information Is correct and complele;(2) That each laborer or mechanic (Including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the lug weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or Indirectly from the full wages earned, other than permissible deductions as set forth In 29 CFR Part 3; (p) Thal each laborer or mechanic has been paid not lass than the applicable wage rales and fringe benefits or cash equivalents for the classification of work performed, as specified In the applicable wage determination Incorporated Into the contract. (o) The weekly submission of a properly executed cera fica)lon set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submlaelon of the "Slalemenl of Compliance" required by subparagraph A.3.(il)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Saotlon 231 of Title 31 of the United Stales Code. (Ilq The contractor or subcontractor shall make the records required under subparagraph A.3.(I) available for inspection, copying, or transcription by authorized repre'senldllves of HUD or its designee or the Department of Labor, and shall permit such representatives to Interview employees dud ng working hours on 1he job. If the contractor or subcontractor fells to submit the required records or to make them available, HUD or Its designee may, after written notice to the contractor, sponsor, applicant or owner, lake such action as maybe necessary to cause lila suspension of any further payment, advance; or guarantee of funds. Furthermore, falluis to submit the required records upon request or to make such records available maybe grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (1) Apprentices. Apprenllcea will be permitted to work at less than the predetermined rale for the work they performed when they are employed pursuant to and Individually registered In a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment end Training Adminlskallon, Office of Apprenticeship Training, Employer and Labor Services, or with a Stale Apprenticeship Agency recognized by the Office, or II a person is employed In his or her first 90 days of probationary employment as an apprenlice in such an apprenticeship program, who Is not individually registered In the program, but who has been cerlllled by the Office of Apprenticeship Training, Employer and Labor Services or a Slate Apprentcesh p Agency (where appropriate) to be eligible for probationary employment as an apprenlice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor 6 to the entire work force under the registered program. Any worker fisted on a payroll at an apprentice wage rate, who Is not rogistered or otherwise employed as slated above, shall be paid not less than the applicable wage rale on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site In excess of the ratio permitted under the registered program shall be paid not less then the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing mnstmctton on a.project In a locality other than that In which IIs program Is registered, the ratios and wage rates (expressed In percentages of the journeymads hourly rale) specified In the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less lhan the rate specified In the registered program for the apprentice's level or progress, expressed as a percentage of the journeyman hourly rate specified In the applicable wage determination. Appronilcea shalt be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program STH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 13 of 15 Project 6003-10397-1 does not specify fringe benefits, apprentices must he paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice clessiflcation, fringes shall be paid in accordance with that determination- In the event the Office of Apprenticeship Training, Employer and Labor Services, or e Stale Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor Will no longer be permiaed to utilize apprentices at less than The applicable predetermined rate for the work performed until an acceptable program Is approved. (11) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rale for the work performed unless they are employed pursuant ;lo and individually registered In a program which has received prior approval, evidenced by formal cedificalion by the U.S. Department of Labor, Employment and Training Administration. The falls of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less khan the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of The joumeyman hourly rate specified In the epplieabla wage determination. Trainees shall be paid fringe benefits In accordance Wlh the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there Is an apprenticeship program associated with the corresponding Journeymen wage rale on the wage determination which provides for less than lull fringe benefits for apprentices. Any employee listed on the payroll at a trainee rale who Is riot registered and participating In a training plan approved by the Employment and Training Administration shall he paid not less than the applicable wage rale on the wage determination for the work actually performed. In addition, any trainee performing work on the job alta In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rale on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rale for the workporfonned until an acceptable program Is approved. (III) Equal employment opportunity. The utilization of apprentices, trainees and journeyman under 29 CFR Part 5 shall be In conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 6, Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are Incorporated by reference in Ibis contract S. Subcontracts. The contractor or subcontractor Will insert In any subconlracls rhe clauses contained In subparagraphs 1 through II In this paragraph A and such other clauses as HUD or its designee may by appropriate Instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subconlraclors to Include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower liar subcontractor with all the contract clauses In this paragraph. 7. Contract termination; debarment, A breach of the contract clauses In 29 CFR 5,5 may be grounds for lermlnallon o1 the contract and for debarment as a contractor and a subcontractor as provided In 29 CFR 5.12. / S. Compliance with Davis -Bacon and Related Act Requirements. All rulings and Interpretations of the Davis -Bacon and Related Acts l contained to 29 CFR Paris 1, 3, and 5 are herein Incorporated by reference in this contract S. Disputes' concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause Include disputes between the contractor (or any of Its subcontractors) and HUD or Its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Cerligcatlon of Eligibility. By entering Into this contract the contractor oertifies that neither it (nor he or she) nor any person or firm who has an Interest In the contractor's Ilan Is a person or firm ineligible to be awarded Government contracls by virtue of Section 3(a) of the Dols -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.-- (11) No part of INN contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of Ike Davis -Bacon Act or 29 CFR 6.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFA Part 24. (III) The penalty for making lalse statements. is prescribed In the U.S. Criminal Cade, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Mile 18, U.S.C., "Faderal Housing Administration transactions", provides in part: `Whoever, for the purpose of... influencing in any way the acl(gn of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $6,000 or Imprisoned not more than two years, or both" 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Conlracl are applicable shall be discharged or In any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or Instituted or caused to be instituted any proceeding or has testified oris about to lesglyln any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safely Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used In this paragraph, the terms "laborers" and "mechanics' Include watchmen and guards. (1) Overtime requirements, No contractor or subconliactorcontracling for any part of the contract work which may require or Involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic In any workweek In which the Indlvldual is employed on such work to workln excess of 40 hours In such workweek unless such laborer or mechanic receives compensation at a rale not less than one and one-half times the basic rate of pay for all hours worked In excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition. such Wrilraclor and subcontractor shall be liable to The United Stales (in the case of work done under contract for the District of Columbia or a territory, to such District or to such lerdtory), for liquidated damages. Such liquidated damages shall be computed with respect to each Individual laborer or mechanic, Including watchmen and guards, employed In violation of the clause set forth In subparagraph (1) of this paragraph, in The sum of $10 for each calendar day on which such individual was required or permitted Io work in excess of the standard workweek of 40 hours Without payment of the overtime wages required by the clause set forth In sub paragraph (1) of this paragraph. Withholding for unpaid wages and liquidated damages. HUD or Its designee shall upon IIs own abitsn or upon written request of an authorized represenlative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contrast or any other Federal Contract with the same prime contract, or any other Federally - 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 14 of 15 Project 6003-10397-1 assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth In subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall Insert In any subcontracts the clauses set forth In subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to Include these clauses In any lower ger subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower ger subcontractor with the clauses set forth In subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations Issued by the Secretary of Labor pursuant to Tltfe 29 Part 1926 and tailors 10 comply may result in Imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Slat 96). 40 USC 3701 at seq. (3) The contractor shall Include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete. Form HUD -4010 (06-2009) ref. Handbook 1344.1 0TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 15 of 15 Project 6003-10397-1 to F- J W �11111111 �A�►111111� 1 0�7 A�� ��111�1 �IIIIII AIA Document A312 TM .2010 Performance Bond CONTRACTOR: (Name, legal status and address) Briton, Inc. 2345 E. White Hawk Meridian, ID 63646 OWNER: (Name, legal status and address) City of Merldlen 33 E Broadway Meridian, Idaho 63642 CONSTRUCTION CONTRACT Date: August i � '2013 Amount: $131,228.50 SURETY: (Name, legal status and principal place ojbusiness) Developers Surety and Indemnity Company Five Centerpointe, Suite 530 Lake Oswego, OR 97035 Description: (Name andlocalion) 81h Street Park Restroom and Playgmund- Rehld- Construction Project It 6003-10397-1 BOND Date: August, 2013 (Not earlier than Construction Contract Date) Amount: $131,228.50 Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corp Brlcon, Inc. Developers Surety, and Indemnit Signaturo: Signator , Name Herb Brice, Vice President Name Ka I A hter, Allow and Title: end Title: (Airy additional signatures appear an the last page 0 this pe rfor ante Bond.) (FOR INFORMA770NONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or other party:) 5605 Overland Rd, Boise, ID 83705 Phone(208)345.4177 Fax(208)384-1677 Seal) Bond No. 754607P AM ThIs document hes Important legal consequences. Consullailon with an attorney Is encouraged with respect to its completion or medlecallon. Any aingular reference to Contractor, Surety, Owner or other party shall be oonaldered plural where applicable. AIA Document A312-2010 combines two separate bonds, e Padorommos Bond and a Payment Bond, into one form. This Is not a abrgle combined Performance and Payment Bond. Inst AIA aaoummrt A313"'-3010. The Amedran Institute of Archaecfe. 01110 § T If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner underthe Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract, .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting fmm the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified In the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5. 1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 0 The Surety shalt not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competentjurisdiction in the location in which the work or part ofthe work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of Me suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. $14 Deffnitlons § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 114.2 Condwellon Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 143 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material tens of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 151f this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. CInk. AIA Document A312M-2010. The Ameucan Instaute of AmhKecn. #AIA Document A312 TM .2010 Payment Bond CONTRACTOR: (Name, legal status and address) Bdcon,Inc. 2345 E. White Hawk Meridian, ID 83646 OWNER: (Name, legal status and address) City of Meridian 33 E Broadway Meridian, Idaho 83642 CONSTRUCTION COITRACT Date: August +r, , 2013 Amount: $131,228.50 SURETY: (Name, legal status and prinelpal place o0usiness) Developers Surety and Indemnity Company Five Centerpointe, Suite 530 Lake Oswego, OR 97035 Description: (Name and location) 8th Sheet Park Restroom and Playground -Rebid- Construction Project # 6003-10397-1 BOND Date: August ' '�, 2013 (Not earlier than Construction Contract Date) Amount: $131,228.50 Modifications to this Bond: M None M See Section IS CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seat) Company: Brlcon, Inc. Developers Surety gyp. Signature: , • '' 'r ` Signatur . Name 'Herb Brice, Vice President Name KZ and Title: and Title: (Any additional signatures appear on the last page ojthis P (FOR MORMA TION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or otherparty:) 5605 Overland Rd. Boise, ID 83705 Phone(208)345-4177 Fax(208)384-1677 Bond No. 754607P A� This document has imporlantlegal consequences. Consultation with an attorney Is encouraged with respect to Its canpleton or modification. Any singular reference to Comractor, Surety, Owner at other party shell be considered plural where applicable. AIA Domment A312-2010 combines two separate bonds, e Performance Bond and a Payment Bond, into one form. This Is not a single combined Performance and Payment Bond. Ink AIA DooumerdA312e'-9010.1be Am r(can in0wre v1Amhaxb. mnho 6 § 1 D The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are l unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suitor action shall be commenced by a Claimant under this Bond other than In a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision In this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. C § 16 De6nWans § 16.1 Claim, A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment fumished; .5 the date on which the Claimant last performed labor or last famished materials or equipment for use In the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .Y the total amount of previous payments received by the Claimant; and .6 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to fumish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance ofthe work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in tha jurisdiction where the labor, materials or equipment were furnished. § 16.3 ConstmclIon Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Ina. AIA Deeuntent Aal2w -2010. The Amerleen Inetaute efArchaxts. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92623 (949) 263-3306 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute andappoinC "'"Karyl A. Richter, Janet K. Hoflhaus, jointly or severally" as their true and IavdulAllomey(s)-in-Fact, to make, execute, delver and acknowledge, for and on behalf of sold corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto saidAtlomey(s}In-Fact NII power and authority to do and to perform ovary ad necessary, requisite or proper to be done In connection Iherewllh as each of said corporations word do, but reserving to each of sold corporations full power of substitution and revocation, and all of the acts of sold Alorney(s)-In-Facl, pursuant to these presents, are hereby rattled and confirmed. This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors or DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA effective as of January 1st, 2008. RESOLVED, Vial a combination of any Iwo of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Mw President of the corporelloris be, and that each of them hereby is, authorized to execute this Power ofAOaney, qualifying Via alomay(s) named In the Power ofAllorney to execute, un behalf of the corporations, bonds, underlaktngs and contracts of suretyship; and (hat the Secretary or anyAssidanl Secretary of either of the corporations be, and each of them hereby Is, adharized to aged the execution of any such Pacer of Almney, RESOLVED, FURTHER, that the signatures of such officers maybe affixed to any such Parer of Attorney or to any cerVlcaterelating theielo by facsimile, and any such Powero1ARomey or codlficale bearing such famlinge signatures shall be valid and binding upon the corporations when so affixed and in the future wOh respect to any bond, undertaking or contract or suretyship to which It is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by their respective officers attested by Their respective Secretary orAssislanl Secretary this May 23, 2013. By: OR AN.D". PAN) ,o Young, Senior Vlce-President RZ ot,, OM W ?ySFUQµ40Rq�464_ h�G(OFPORAp T _w OCT. 1�. 22 p By:Areggg " r• `o 10 •"•o' w 019675 O Crco-President low P,,..*aaDDa(IFOP��P-a Slate of Cagfamfa County of Orange . On May 23, 2013 before me, Gina L Garner, holey Public Dale Here Insed Name and Title of rhe Officer personally appeared `_ Daniel Young and Gra.. N.Okma -J Namo(s) of Signer(s) GINR L GA f� 4 E a' -= .' 13DMM.-1120663 E -- NOTARY PUBLIC CAIJfbRN1A 3 OP.AN(#ECWNry'. My comm. m�lros Mey 10, 2017 Place Notary Seal Above who proved Tome on the basis of satisfactory evidence Idbe the persons) whose names) Islare suhsetlbed Ir the within Instrument and acknowledged to me (hal halshe8hey executed the same In hisfhentheir authorized capacity(ies), and [hat by his/her/their slgnelure(s) on the Instrument The person(s), or the entity upon behalf of which the person(s) acted, executed the InslmmenL I certify underPENALTY OF PERJURYunder the laws of the Slate of Celifomla that the foregoing paragraph Is bueandcorred WITNESS my hand and offidal seal. % ok #4&V ��l:.. Sionalure !//���'��� CERTIFICATE Gina L. The undersigned, as Secretary orpssistanl Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby cedilyThal the foregoing Power ofAllomey remains in full farce and has not been revoked and, furthermore, that the provisions of the resolutions of IherespecOve Boards of Oireclas of sold corporations set farlh in the Power of Aflomey are in force as or the date of [his Cerificale. This sCCCeeerti�fica"t�e�Is executed in Vie City of lndne, Cetifmma, this day of AvSpr .?cN3 C By: i% Mark J. Landon, Assistant Secretary IDA380(Rev.05/13) Vo/10/4e10 L:J.O rat rAA ga eut,"vUwa AC40 a'® CERTIFICATE OF LIABILITY INSURANCE 9�13i2oDlry3 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INBURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: Irthe cartl0cate holder Is an AUDITIONAL INSURBO, the pollcy(les) must be endorsed. It SUBROGATION IS WAIVED, subject to the tomos and conditions of the policy, certain policies may require an endorsement. A statement on this certlRoale does not confer rights to the certificate holder In lieu of such endersement s . PRODUCER R001, Jo Colombo E'ubriman Insurance Agency Inc Por& , 12i_) 327-3400 120011274462 PO Box 140059 .'o8fuhrimanins.com 9603 W Chinden Blvd INeUflgR a AFFOROINO COVERAGE NAICf Boise ID 83714 INOUMRA:State Insurance rand 36102 INSURED INSURERS : Bricon Inc INSURPRC: 2000 R Paradise Lane INNURERD: uRERE: meridian ID 83642 INBURERF: ..n n_eo ntr OCIrI_CIf1N NIIM9FRe THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NMI 7YPEOp INSURANCE POLICYNLIMU PO ICM�"!Y MMIF LIMITS GENERAL LIABILITY EACH OCCURRENCE I COMMERCIAL GENERAL LIABILITY PR I e c anee S MED ENP IAIry ane Rsanl 4 CLAIM&MADE ❑ OCCUR PERSONAL& AOV INJURY S GENERAL AGGREGATE f GENL AGGREGATE LIMIT APPLIES PER PRODUCrS-COMPIOPAGO 4 POLICY P LOC4 AUTOMOBILE LIABILITY SINGLE LMW— Ea xcl nl BODILY INJURY (Par P015011) 4 ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS AUTOS HIREDA TOSSED BOdLY INJURY (Par nolden8 S OPERTY DAMAGE ereecldanl t S UMBRELLA LIAROC[UR EACH OCCURRENCE I AGGREGATE 4 ECESSLIAe CLAIMBMAW Om I I RETENTION4 WORKERS COMPENSATION AND EMPLOYERS' UABILIT' ANY PROPRIETORIPARTNBWMCITIVE YIN In NH)EALlU0EO7 ❑NIA S TAC STA TU OTI A 18736 0/1/2012 0/1/2013 EL EACH ACCIDENT I 100 ODD EL DISEASE -EA EMPLOYE 4 100,000 EL DISEASE -POLICY LIMIT 4 500,000 �(Mya�datoWhEMBry OE60tFIPTION OFOPFAATIONS bObW [i- I I ICESCRPTION OF OPERATIONS I LOCATIONS VEHICLES fABschACORD 101,AddI lontl RsmoBs schedule If mon space Is required) PZF.Bth Street Park Restroom and Playground - REBID - Construction to be located at 2235 HFI Sth Street, Meridian, Idaho 87-4813 city of meridian ATM: Purchasing Department 33 E. Broadway AVIS, Ste 106 Meridian, ZD 63642 SHOULDANY OF THE ABOVE 098CRIBED POLICIES BR CANCELL00 BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE 08L1VERIBT IN ACCORDANCE WITH THE POLICY PROVISIONS. Colombo/CWARD <:V� ®1088.2010 ACORO CORP, INS025 NOJ045101 The AGURU ngme and logo are rsglerereu mares o1 nwnv qU uuuceuuua CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE 15 18SUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. i9terms and candltlons of the policy, certain Policies may require on endarsemeal. A statement on this certificate does not confer rights to the PRODUCER NAwi�, JO Colombo Pohriman Insulan09 Agency Inc(208)327-3400 PO Box 14005 °9 o@£uhrimanins.com 9603 W Chindeu Blvd INSUR s AFFORDING Boise 3D 03714 INSURERA,TLuto-Owners Inca sricoa Inn 2000 E Paradise Lane -�A nr ,w..r.— � � ennelnAr rel rnnmeea• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO LMiICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS IND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPEOFWSURANCE POLICY NUMBER M 1.. MMII KP LIMITS A OENERALLIAGILRY H COMMERCIAL GENERAL LIABILITY CLNMSMADE ®OCCUR )L 57525403 /1/2013 /1/2014 EACH OCCURRENCE ; 1,000,000 MISES eoccV -Cel S 50,000 MEDESP onePoison) S 0,000 PERSONAL 4 ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GENL AGGREGATE $ POLICY LIMIT APPUES PER n PRo- n LOC PRODUCTS•COMPIOPAGG S 2,000,000 ; AANY AUTOMOBILELIABILIIY AUTO ALL OWNED �[ SCHEWLED XHIRED AUTOS x OS UTOSMVED 852540300 /1/2013 /1/2014 blNGLLLIMIJ IF0.1.01mufflL S 1.000.000 BODILY INJURY IPer Person) ; BODILYINJURY IPer e.Heeq S AMA Ir PNec I nl Y GE Medial Pwm0flI5 S 5 000 UMBRGLLALIAa EXC69BLIAB L_jOCCUR CLAIMSMAOE EACH OCCURRENCE S AOOREGAM S OED ON 4 WORKERS COMPBNDATON ANDLMPLOYEiV LIABIUTY ANY PROPRIETORIPARTNERMEWTIVE� IM CERIMin��FxcwOFm 11yrs.do"bo UAtlol DESCRIRIaN OF OPERATIONS bepw NIA T TX EL EACH ACCIDENT S EL DISEASE• FA EMPLOYE S EL DISEASE •POULY LIMIT ; 0E9CMPnONOFGPEMTIONSILCCAnONSIVEHICLEB ANnsh ACORD1M,AddAlond RemeUo 9chedulA lfinere epee lenqu6ed) - PEF:Bth Street Park Restroom and Playground - AMID - Construction to be located at 2235 NF) Sth Street, Meridian, Idaho The City of Meridian is listed as Additional Insured. 1013 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE O9LWEREb IN ACCORDANCE WITH THB POLICY PROVISION8. City of Meridian A'1W: Purchasing Department AUTHDROED REPRESENrA11VB 33 P. Broadway Ave, Ste 106 Meridian, ID 83642 Jo Colombo/CRARD cv'Apo aa�'" ACORD I NSD251201005) 01 The ACORD name and loqo are regletered MUFRS OT ACUHU ♦ as„ a vt r Login i.._ ... i i Coni actor 1Search 1 _ PERMITS - I , LICENSE PUBLIC WORKS VIOIATIONs ELEVATORS Public Works Search.P Search Anal Download Resells Printable View 7 , Inc. PWC -C-1162300003, 02855, 02740, 03300, 032a0, 02220.0231 0 3, 4 AA �. Flrsl. I Prov Page: i of 1 Nox1. l L_asl 1- Details - License Number: PWC -C-11029 - - - - -- -- - I LIc Info Bus Llc Fees $1,760 001 Reglslrallong: PWC -C-11823 Issue: 312612013 Expire: 313112014 Type: PUBLIC WORKS Sub -Type: AA i Status: ACTIVE Comp/Nome: BrlCon, Inc. Addresel: 2345 E. While Hawk City, Slate, Zip: MERIDIAN, IB 83646 i Phone: (208) 888-3746 Cell: (208) 880.4827 Pager: Fax: (208) 804.3087 Owner Name: Home I CONTACTUS rbowetlby-r'-'WYSYsrWS https://data.dbs.idaho.gov/etrakit2/Idaho_PublicWorksSearchRslts.aspx 8/9/2013 IDAHO SECRETARY OF STATE Viewing Business Entity a use. ■ v1 , Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for BRICON INC 1 BRICON, INC. 2345 E WHITE HAWK MERIDIAN, ID 83646 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 06 Jun 2013 State of Origin: IDAHO Date of 20 Aug 2007 Origi nation/Authorization: Initial Registered Agent: MARK BRICE 2345 E WHITE HAWK MERIDIAN, ID 83646 Organizational IO / Filing C174619 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 04 Jul 2012 Original Filing: [ Helo Me Print/View TIFF ] Filed 20 Aug 2007 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: [ Helo Me Print/View TIFF] Amendment Filed 17 Nov REINSTATEMENT View Image (PDF format) View 2011 Image (TIFF format) Annual Reports: [ Help Me Print/Vlew TIFF ] Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 REINSTATEMENT View Image (PDF format) View Image (TIFF format) Report for year 2010 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL VieW Image (PDF format) View REPORT Image (TIFF format) Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to., sosinfo gnsos Idaho gov http://www.accessidaho.org/public/sos/corp/C 174619.html 8/9/2013 0Yq UH g 94 m N i� ds do N k dna dP do O O O O m m I m O O o O Y I rl M o O O o N N H O N N N H N V� O O V�1 C W1I I M W w N b b b 10 N M M1 r M1 M1 W W M1 M1 M1 ui M o O m� m m M y o N m in in �0 N 4, ll4 IN in N b b b ry N� N N M m M qj Y N � or O H N in ro 0 .. o 00 v a x a m a ro x m H m el Q ro N qqN L Y Y N H M W N E Y N iq-1 pN uYl N ❑❑ ,�1�/yy1 ai0 U ra H M1 m M1 e m H M m o N N b in i� � m m v a o � v o m Y OM LL W a q H b N qUq O O "1 uA 9.1 H b N b v Y N I .. 1.bry^II N n Ar, ro q o m m m y. 0 mm o NN q o o m m t tn 1 u IY. D o I W 15 N N rmi ml rN'II rNi N N m0 Oi O O O N \ L Ul m• O1 m G7 u w N D O v o N o 0 COO, o 0 a Np o O pl 0 0 W o 0 0 0 n, N A� n rl ro ri N pp W w O N N N No m W 11 N � U r, a" 9 G N m d p b N i4 N Nu q W yy �ryry MN ro 8 W�a Hb F q H � m m v a o � v o m Meridian City Council Meeting DATE: August 20, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with TAG Historical Research and Consulting a/b/n of The Arrowrock Group, Inc. for Consulting Services for the City of Meridian Historical Preservation Commission MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (the"Agreement") is entered into this 11th day July, 2013, by and between TAG Historical Research and Consulting, a/b/n of The Arrowrock Group, Inc., an Idaho corporation located in Boise, Idaho (the "Consultant"), for itself and its heirs, executors, administrators, related entities and assigns and the City of Meridian, Idaho (the "Client"). RECITALS WHEREAS, the Client is in need of professional services to create a draft historic preservation plan; WHEREAS, the Consultant has agreed to perform consulting work to assist the Client with the foregoing needs and other related activities as described herein; NOW, THEREFORE, for good and valuable consideration, the parties hereby agree as follows: 1. Consultant's Services. Consultant shall be available and shall provide the Client professional services as described in the Proposal attached hereto as Exhibit A, and ( incorporated herein by this reference as if set forth in full ("Consulting Services"). 2. Consideration. 2.1 In consideration of the Consulting Services to be performed by Consultant under the Agreement, the Client shall pay Consultant an amount not to exceed two thousand five hundred and no dollars ($2,500.00) for the Draft Plan Component of the Project and an amount not to exceed two thousand five hundred and no dollars ($2,500.00) for the Finalization ofthe Plan ("Project Fee"). 2.2 The Client shall pay the full amount of the Project Fee upon acceptance of the Consultant's draft report and final report respectively. 3. Independent Contractor. Nothing contained herein or any document executed in connection herewith, shall be construed to create an employer-employee, partnership or joint venture relationship between the Client and Consultant. Consultant is an independent contractor and not an employee of the Client. The consideration set forth in Section 2 shall be the sole consideration due Consultant for the services rendered hereunder. It is understood that the Client shall not withhold any amounts for payment of taxes from the compensation of consultation hereunder. Consultant shall not represent itself to be or hold itself out as an employee of the Client and Consultant acknowledges that it shall not have the right or entitlement in or to any of the pension, retirement or other benefit programs now or hereafter available to the Client's regular employees. Any and all sums subject to deductions, if any, PROFESSIONAL SERVICES AGREEMENT -1 required to be withheld and/or paid under any applicable state, federal or municipal laws or union or professional guild regulations shall be Consultant's sole responsibility. 4. Confidentiality. In the course of performing the Consulting Services, the parties recognize that the Consultant may come in contact or become familiar with information which the Client may consider confidential. Consultant agrees not to discuss or divulge to anyone other than appropriate Client personnel or their designees any information formally designated by the Client as "Confidential." 5. Term. This Agreement shall commence on July 11, 2013, and shall terminate on September 30, 2014 unless earlier terminated by either party hereto. Either party may terminate this Agreement upon thirty (30) days written notice. 6. Consultant's Taxpayer I.D. Number. Consultant shall provide the Client with its Taxpayer I.D. Number prior to receipt of any payment. 7. Representations and Warranties. The Consultant shall make no representations, warranties, or commitments binding the Client without the Client's prior written consent. 8. The Waiver. Failure to invoke any right, condition, or covenant in the Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, condition, o covenant and neither party may rely on such failure. 9. Notice. Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly addressed to the appropriate party at the address set forth below: Notices to Consultant: Notices to Client: Barbara Perry Bauer City of Meridian TAG Historical Research & Consulting Purchasing Agent P.O. Box 7333 33 E. Broadway Avenue Boise, ID 83707-1333 Meridian, Idaho 83642 10. Enforceability. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be impaired. 11. Miscellaneous. 11.1 Entire Agreement and Amendments. This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or understandings, whether written or oral. No amendment or extension of this Agreement shall be binding unless in writing and signed by both parties. PROFESSIONAL SERVICES AGREEMENT - 2 11.2 Governing Law, Severability. This Agreement shall be governed by the laws of the State of Idaho. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. WHEREFORE, the undersigned parties have executed this Agreement as of the date first written above. City of Meridian TAG Historical Research & *Tdc &Consulting u/b/n of The Arrowrock Group, Inc. ByDAUr US By.Mayor 2�0 T o n _ n n CBy of Holman, City CleA(,, SEAL w"k, TAE AAl1T:RQQTfYKTAT QT;AVTlPQ Af1DVVATFTTT_. � A. VAIF111$10ftal Irosat tC f a/b/n of The Arrowrock Group, Inc. Scope of Work TAG Historical Research & Consulting (TAG) will produce a historic preservation plan for the City of Meridian Historic Preservation Commission. The following Scope of Work (SOW) outlines the methodology and tasks required to complete the project. Part 1 (Draft Plan) Tasks 1. Contract and Project Review Meeting TAG will meet with Meridian City staff to review contract and discuss project schedule. 2. Research Research includes review of information about historic preservation projects of the City of Meridian, any related city ordinances, and the City's comprehensive plan. Research may also include interviews with community leaders, government officials and others who are involved in the local preservation process. 3. Write draft plan TAG will draft a plan based on research and will submit the plan to the Meridian Historic Preservation Commission for review. Draft Plan Components The draft plan will include the following components: Introduction Historical Background Resources, Status, Issues, and Needs Goals and Policies for Local Historic Preservation Mechanism to Achieve Goals Linkages with Other Elements Appendices P.O. Box 7333 Boise, Idaho 83707 208-338-1014 w Aa¢historv.com Part 2 (Finalize Plan) Tasks 1. Revision 1 Following presentation of the draft plan to the Meridian Historic Preservation Council, TAG will complete revisions based on comments received from the Commissioners. The revised plan will be presented to the Commissioners for review before a public meeting to present the planto the public and ask for comments. 2. Public meeting TAG will attend a Meridian HPC meeting to assist in presenting the draft plan to the public. Public comments will be accepted for a period specified by the City of Meridian. 3. Revisions 2 and 3 TAG will revise the plan (Revision 2) based on comments and suggestions from the public and submit Revision 2 to the Meridian HPC for review. Once the HPC has reviewed Revision 2 and provided any additional comments, TAG will make any needed revisions and return to the HPC for a final review (Revision 3). Once the final review is complete, TAG will complete any final changes, complete a final copy edit of the plan and submit the final plan to the HPC. 4. Public meeting (if required) If the HPC desires, TAG will attend a public meeting to assist in presenting the final plan to the public. Final Products Part 1 Final Product—Draft historic preservation plan in electronic file formats (.pdf and Word if requested) Part 2 Final Product --TAG will provide the final preservation plan in electronic file formats (.pdf and Word if requested) as well as 2 hard copies. Schedule The schedule for Parts 1 and 2 will be determined upon execution of the contract. Scope of Work A1ertdlan Historic Preservation Plan TAG Historical Research & Consulting August 2013 Project Personnel Barbara Perry Bauer (M.A., Public History) is a historian specializing in community and local history, historic preservation, and environmental history. Ms. Bauer has extensive experience in public history projects and public exhibits. A founding member of TAG Historical Research & Consulting (a/b/n The Arrowrock Group, Inc.) she has been a principal investigator with the company since 1993. With a special interest in the history of neighborhoods and urban development, she has been the project manager for historic site surveys in Meridian, Caldwell and Ada County and has given public presentations on local and neighborhood history. She has extensive knowledge of Meridian City history and architecture and with Elizabeth Jacox, has written several house histories of Meridian residences. She will serve as the project manager. Elizabeth Jacox (B.A., History) has broad experience in the organization, management, and use of archival collections. She has more than 25 years of experience in the field of historical research. She worked at the Idaho State Historical Society Library & Archives for fourteen years, where she was responsible for managing the historic photograph collection and assisting the public with research in special collections and archives. She joined TAG Historical Research & Consulting in 1995. She has served as project manager for historic site surveys in Nampa, Pocatello, Weiser and Hailey and coordinated a records management project for the Idaho Department of Lands. Scope of Work Meridian Historic Preseivation Plan TAG Historical Research & Consulting August 2013 Budget Part 1(Dratt Plan) Descri tion Meetings/Project Admin 4 $65.00 $260.00 Research, Writing 34 $65.00 $2,210.00 Total $2,470.00 Expenses Copies, etc. $30.00 Project Total Pro ect Total $2,500.00 Budget Part 2 (Finalize Plan) Description Meetin s/Pro'ectAdmin 8 $65.00 $520.00 Revisions/editing 28 $65.00 $1,820.00 Total $2,340.00 Expenses Copies, etc. $160.00 Project Total $2,500.00 \, Scope of Work Afendimt Historic Preservation Plan 7AG Historical Research & Consulting August 2013 Meridian City Council Meeting DATE: August 20, 2013 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Cooperative Construction and Reimbursement Agreement for Water and Sanitary Sewer System Improvements in the Tradewinds Subdivision 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 COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT FOR WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS IN THE TRADEWINDS SUBDIVISION 20 THIS AGREEMENT made thisday of Ct.�ews �— , 2013, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and SDN, LLC, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct a water and sanitary sewer system to be owned, operated, and maintained by CITY to serve DEVELOPER's property and future City of Meridian property, shown on Exhibit "A," and has requested reimbursement for a portion of the oversized water system and additional water system and sanitary system components requested by CITY; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the water and sanitary sewer system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preparation of Plans. DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of the water and sanitary sewer system (hereinafter called "Project"). The Project shall include the following elements as shown on Exhibit `B," : 1. Approximately 200 feet of waterline upsized from 8" to 16". 2. Approximately 1000 feet of waterline upsized from 8" to 12" 3. Approximately 200 feet of 16" waterline as a dry line for future connection. 4. Approximately 30 feet of 4" sewer service to serve adjacent City property. 5. Add approach to City's adjacent site according to draft reservoir plans. The Project shall include rights-of-way, grades and elevation, and materials used in the construction and installation of said water and sewer lines. B. Final Approval of Plans. Prior to commencement of construction, CITY shall approve or reject, in its discretion, the Project plans. CITY and DEVELOPER shall acknowledge in writing the final plans, and said plans shall not thereafter be modified in COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT— Page 1 of 12 any material way unless such modifications are approved in writing signed by CITY and DEVELOPER. C. Construction of the Pmjcet. 1. DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. 2. DEVELOPER shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. DEVELOPER shall undertalGe and/or provide all testing, sampling and other normally conducted measures for quality control/quality assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. D. Solicitation of Bids. DEVELOPER shall solicit bids and publish requests forbid proposals for construction of the Project from at least three (3) properly licensed public work contractors. DEVELOPER shall award the construction contract to the lowest qualified bidder pursuant to all applicable public bidding rules as required by Idaho law after obtaining approval from CITY of successful bidder and bid amount. CITY shall reserve the right to reject all bids and/or cancel this Agreement if CITY, in its sole discretion, determines that the successful bidder or bid amount is unacceptable for any reason. E. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s). All construction contract(s) shall include, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications. 6. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence, naming both DEVELOPER and CITY as oo-insureds. 7. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. nnnl,D,I A MTT ID nn'ATQ. DITOmMXT AT. DVT➢ARTTDQVAAVN" n nVVVKALTTT 11-1..e II 8. Aprovision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees, 9. Aprovision providing at least a two (2) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY, to be secured by the posting of a warranty surety in favor of City upon project completion in the amount of twenty percent (20%) of the total Project cost. "Total Project Cost" for purposes of this provision shall not include any amount attributable to oversized water system improvements and additional water and sewer system improvements requested by CITY. F. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: 1. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. 2. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. 3. In the event that DEVELOPER desires to record its final plat before completion of the improvements, DEVELOPER shall provide CITY with a performance surety in favor of CITY in an amount equal to one hundred and ton percent (110%) of the total contract price less the amount to be reimbursed to DEVELOPER under this Agreement, The surety shall be in the form of a bond, irrevocable letter of credit, or a cash deposit. When all DEVELOPER's contractors for the Project have been paid and CITY has acknowledged satisfactory completion of the Project, such assurance shall be released to DEVELOPER. In its sole discretion, CITY may allow the reduction of the assurance as payments of costs of the Project are made for services rendered during the course of construction. G. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct oversized water system improvements and additional water and sewer system improvements, as shown on Exhibit "B", at the request of the CITY, it is mutually agreed that the cost of the Project will be shared as depicted in Exhibit "C," subject to actual cost verification by City. DEVELOPER shall fund 100% of the cost of the Project, estimated at $ 70.865.05 with reimbursement from the CITY in accordance with the provisions of this Agreement. I3. Change Orders to Construction Contract, DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract if (a) the cost of the change order will exceed one percent (1 %) of the contract price or (b) the. cumulative total of all previously approved change orders exceeds ten percent (10%) of the contract price. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. I. Campletion of the Project. 1. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non -conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non -conforming matters. 2. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as -built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 3. Upon completion of the Project, DEVELOPER shall complete all paperwork C necessary to assign to CITY the contractor's two (2) year warranty of the work and materials on the Project. 4. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. Reimbursement to DEVELOPER. 1. Estimated Total Reimbursement. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER that portion of the cost of the upsized elements and additional elements as requested by City and as set forth in this agreement. CITY shall also reimburse DEVELOPER for design fees associated with the changes and additions requested by City. The total reimbursement to the DEVELOPER estimated at $70,865.05 2. Method of Pa nent. To receive payment, DEVELOPER will provide CITY with a written invoice for Reimbursement, Upon receipt of such invoice, CITY will pay such invoice within thirty (3 0) days after receipt, provided that DEVELOPER is in compliance with all other terms and conditions of this Agreement, including, but not limited to, section J(3), below, 3. Reimbursement Payment. CITY shall make payment to DEVELOPER in two Reimbursement payments. The first payment shall be for engineering and design fees associated with CITY's requested changes and additions. Regarding reimbursement for Construction costs, adjustments based on actual costs incurred, where incurred pursuant to written change orders approved by CITY as set forth herein, will be allowed upon approval of such adjustments by City Council prior to DEVELOPEWs request for the first Reimbursement Payment. CITY shall make the Reimbursement Payment upon (a) DEVELOPEWs satisfactory completion of the construction of the water and sewer system improvements; and (b) DEVELOPER'S submission to CITY proof of costs and CITY's approval of such proof as substantially conforming to the estimated costs in the proposal approved by City Council. The construction Reimbursement Payment shall be subject to submittal of a Warranty Surety to the City of Meridian in the amount of 20% of the total Project cost to secure the two year warranty as required of contractor in section E(9) of this Agreement. The Warranty Surety shall be released in full after a 2 - year warranty period from the date of acceptance subject to any costs incurred by the City for rework or warranty issues during the 2 -year warranty period. K. DELETED. L. Compliance with Laws, 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement, 2. Upon connection to the City of Meridian water system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary water systems. M. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees, In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, throughout the pendency of this Agreement, liability insurance in which CITY shall be nanned insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save andhold harmless CITY, and if CITY becomes liable for an amount in excess of the insurance limits herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. N. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. O. Remedies upon Default, 1. Default by DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herehi, DEVELOPER shall be entitled to all remedies available at law or in equity, P. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shalt reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same maybe included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Q. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Engineering Manager City of Meridian 33 E. Broadway, Suite #200 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 DEVELOPER: SDN, LLC Don Newel l 607 Sherrington Drive Eagle, ID 83616 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. R. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. S. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. T. Entire Agreement. This Agreement and the exhibits hereto constitute the full acrd entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be, liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. U. Definition of DEVELOPER's Property. The term "DEVELOPER's Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the Tradewinds Subdivision. V. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. W. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnishto CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. X. 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 for examination all of DEVELOPER's records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Y. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Z. Approval Required. This Agreement shall not become effective or binding until approved by CITY. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: SDN, LLC CITY: l &0-VsC.aP-.r Title 5-0-0 Date BY: ,�' / U 0 01 0 ( 3 Attest: TAMMY de RD, MAYOR 5- ate-0�PTED AUCUgT $'0 cq of CITY C16PK El IDZ IAN r- ionxo SEAL n � Fdrf Oe B °� id a i0.F ASUF COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 8 of 12 STATE OF IDAHO ) ) ss County of Ada ) On this I '? A day of a(A,%,&r E , 2013, before me the undersigned, a Notary Public in and for said Stake, personally appeared D a.,& ke„g�e.t ( , known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official the day and year first above written. 110TARp 't j'UBI1C _ ! STATE OF IDAHO ) ss County of Ada ) On this day of , 2013, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Publi Residing at:_ Commission For Idaho COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT —Page 9 of 12 EXHIBIT "A" COOPERATIVE CONSTRUCTION AND R81MBURSENMNT AGREEMENT — Paee 10 of 12 LOCUST GROVE ROAD wo IB6J.BPo� - -• _ _ - •-. - 1100'11'19Y 261sbB• _ _ - - - _ _ - -. - - - �w 28• 2e' ]2W I .-• ^— _ - �a _ MS56'SBJV 110.5Y' C6- C] Slee'$' I 1 � SgE68S B 1,g a �tl -91t m U ° I �m r f A �� o* s m Iu b� of 45.4 • I x601' I �^ N f — orl,•19t 4•.�YY old el Z 69.Te' 61. 67"gg 0].00 B].00' gg SY.BO' gg b].00' 6).Bp` � yq I I \ °T •d469' - -6].00W _B,GP9•_-Y.W'-- -af.eoiVw—s)�B•-.-6]x00'——w.an�� J.ss' I `� jI§ � I�g, 11+x! �o 982 COMO AVENUE w � 'Iw ,ta 1-2 M.09,- -66W9C- •60.0]'-LIP68.09•- -6&OD� -99A0+ -�BS9'- , I� 81 I I now A'1L"E 26,81' I 64 W' x§6.99' i w' I a' � t2a9rM I _SBAV ..69.09' S810L ]056' I 46 I � JJB'y00_ .�I ..... �� 508'1 19'W 4 8 B5.6]� r pp { f Oil A P Y P• N h N N C O `l ll S - ®0'ia0 F �yg r � 1V A zw s o B M.09,- -66W9C- •60.0]'-LIP68.09•- -6&OD� -99A0+ -�BS9'- , I� 81 I I now A'1L"E 26,81' I 64 W' x§6.99' i w' I a' � t2a9rM I _SBAV ..69.09' S810L ]056' I 46 I � JJB'y00_ .�I ..... �� 508'1 19'W 4 8 B5.6]� r pp { f Oil A P Y P• N h N N C O `l ll S - ®0'ia0 F �yg i A 0 EXIMIT "3" COOPERATIVE CONSTRUCTION AND REIMEURSEMENTAGREEMENT—Page 11 of 12 AlL LG�Q,I Rog Y'`aea 1tl I y E �i :EEu uY 1 I� 1 e Se, MUM DI4 �a�9sads I I ' 54;F a�;�RGi SEEy� $ '� 'k -e uaE�4E4 n 9iQ } SY 1 av Ag ya { 1 g Fd� t 19-il N aF a . i`�'@� aga nia€ s p i 01,q 9 8 [THADMINDSSURDIVISION PHASE I 10N1 B MERIDIAN,10 G �6e I WATERIMPWVEMENTP€ANS EXHIBIT "C" C TRADEWINDS SUBDIVISION BID TABULATION FOR REIMBURSEMENTAGREEMENT FOR, WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS DESCRIPTION - UNIT QUANTITY UNITPRICE REDUCTION TOTALPRICE PER ITEM SEWER 4"SOR35,,P,VC.sewerServlce,Pi a L.F. .. 36 $10,55 $0.00 $979,80. Sewer 5eNke Connectiorr(to manholo) EA, 1 $100.00 $0.00 $Womb WATER 16" C900.P.VC.Class 200 Water Plpe. L.F. 285'$39,50 ;$0.00 $11,2$7.50 Upsize IV C900 from 9" C900 L.F. no $39,50 $16:95 $4,735.50 Upsize 12" C900 from 8"OW L.F. 1245 $28.00. $16 95 $13,757:25 16" Gate Valve EA: 2 ' $51100,00 $0;00 $10,200;00 Upsizel6"Gate Valvefrom 8" EA. 1 557100.00 $975b0 $4,125.00 Upsize 12" Gate Valve from 8" EA. 4, $1,740.00 $975.00 $3,060.00 16"FLG Cross EA. 7 .. $800A-0 $0.120 $800.00 Upsize 32" FLG Tee from 8" L.F. 1 :5 $625.00 $475,00 _ $750.00 10' MJ 90" Elbow EA. .. 2 $695;00 $0:00 $1,390..00 Upsize 12" MJ 45" Elbow from 8" EA, 2 $275.00 '260.00 $30.00 16"x12" Reducer EA. 1 _ $400.00 'go $400.00 16"x8" Reducer EA. _ 1 $435.00.. $0.00 $495.00 12"x8" Rdducer EA. ' 1 $225;00 -$0.00 $225,00 MISCELLANEOUS Driveay Approach L,S. 1 „ $60.0100.. ,$0.00 _ $600,00 Conned to.Existing Water Main (See attached bld) EA. 2 $8,170;00 -$0.00 $16;340.00 TOTAL $68;585.OS NOTES•, - 1, Qua rititles based ad construction plans dated July 23, 2013 ENGNEEgiNG Page 1 M INVOICE 9233WESTSTATESTREET I BOISE,f083114 1 208.839,0939 1 FAX208.639,6930 Don Newell Original Auggst 14,201-1 S.D.N;; LLC" Balance Sent VIP e-mail PO Box 1.939 Invoiced $ Eagle, JD.83616 Invoice No. 12=072-1.31VI 6 Billing Period June -July 2013 Coordination Meetings and Agreements KM Tytal This Invoice $ 2,390.00 Project: Tradewmds Subdivision Phase I- Meridian, ID total Due $ 21280.00 : Descrlption of Services Performed for this tnVolce. Continue coordination with. the City of Meridian an plans and reimbursement agreement._ Prepare Cgnstructlon Plans for water fine overslzing per City of Meridian. Prepare ACHD easement. Fixed Fee Per Unit Budget Items Budget item Original Previously Units Balance Construction Plans KM Budget/Unit Invoiced $ 220.00 curve Legal Descriptions 500,00 . 1 $ 500.00 Wbtola: Time and Material Budget Items 5 500,00 Budget Item Personnel Hourly Rafe Hours Total Balance Construction Plans KM $ 110.00 2 $ 220.00 MD $ %5.00 6 .$ 510.06 Coordination Meetings and Agreements KM $ 110.00 8 $ 880.00 MD $ 85.00 2 $ 170,00 Subtotal Reimbursable Expenses $ 1,780.00 Item Rate unit Total I Balance Scan to PDF $ 0.50 "persheet $ In-house Plan Copies $ 0.15. psf $ Mileage $ 0.56. per mile suntotai ENGINEERS I SURVEYORS. I PLANNERS Meridian City Council Meeting DATE: August 20, 2013 ITEM NUMBER: 5G PROJECT NUMBER: 13-036 ITEM TITLE: OAK LEAF SUBDIVISION FP 13-036 Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 1/4 Mile East of N. Black Cat Road Request: Final Plat Approval Consisting of Four (4) Single Family Lots and Three (3) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts MEETING NOTES Moved worn BG 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: August 20, 2013 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Hometown Hero Awards Presentation to Devin Johnston, Danyel Stager, and Zach Eddy MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: August 20, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Concent None MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Auqust 20, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Public Hearing: FY2013 Amended Budget of $82,872,393.00 MEETING NOTES rte✓ 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 City of Meridian FY2013 Budget Notice Revenues Total Revenue Expenditures Capital Administration Total Capital Carryforward - Capital Administration Total Carryforward Total Expenditures Transfers Total Expenditures with Transfers (Use)/Addition of Fund Balance Revenues Water/Sewer Sales Other Sources Total Revenue Expenditures Personnel Original Budget Amendments Final Budget $ 2,000 $ 2,000 $ 324,808 $ 324,808 $ $ 324,808 $ 324,808 $ 720,235 $ (115,921) $ 604,314 Carryforward -Capital $ 720,235 $ (115,921) $ 604,314 $ 720,235 $ (115,921) $ 604,314 23,888,000 $ - $ 23,888,000 2,292,428 $ 720,235 $ 208,887 $ 929,122 $ 1,398,048 Wastewater $ $ - $ (2,044,914) $ (2,044,914) Total Personnel $ 6,305,595 $ $ 6,305,595 $ 720,235 $ (1,836,027) $ (1,115,792) (718,235) $ 1,836,027 $ 1,117,792 Original Budget Amendments Final Budget $ $ 19,618,000 4,270,000 $ $ 19,618,000 4,270,000 $ 23,888,000 $ - $ 23,888,000 Utility Billing $ 388,276 $ 388,276 Public Works $ 2,292,428 $ 2,292,428 Water $ 1,398,048 $ 1,398,048 Wastewater $ 2,226,843 $ 2,226,843 Total Personnel $ 6,305,595 $ $ 6,305,595 Operating Utility Billing $ 388,493 $ $ $88,493 Public Works $ 1,041,112 $ 58,324 $ 1,099,436 Water $ 3,824,673 $ (16,667) $ 3,808,006 Wastewater $ 6,657,629 $ (41,677) $ 6,615,952 C:\Users\jholman\AppData\Local\Microsoft\Windows\Temporary Internet 8/16/2013 11:41 AM Files\Content.OutldoM66NZKOJ\FY2013 Budget Notice - Amended for Clerks Total Personnel and Operating Capital Utility Billing Public Works Water Wastewater Total Capital Carryforward - Operating Utility Billing Public Works Water Wastewater Total Operating $ 11,911,907 $ (20) $ 11,911,887 $ 18,217,502 $ (20) $ 18,217,482 $ 6,959,000 $ 974,000 $ 7,933,000 $ 8,864,000 $ 319,355 $ 9,183,355 $ 15,823,000 $ 1,293,355 $ 17,116,355 110,000 $ 110,000 446,088 $ (182,469) $ 263,619 $ 27,139 $ 27,139 Total Carryforward - Operating $ 556,088 $ (155,330) $ 400,758 7,428,122 $ 34,777 $ 7,462,899 $ Carryforward - Capital $ (1,553,232) $ 37,866,876 $ 1,655,226 Utility Billing - $ 1,655,226 $ $ - Public Works $ 1,669,487 $ 23,823,770 $ - Water $ 1,635,776 $ (901,010) $ 734,766 Wastewater $ 3,187,742 $ (1,790,228) $ 1,397,514 Total Carryforward - Capital $ 4,823,518 $ (2,691,238) $ 2,132,280 Total Carryforward Total Expenditures Transfers Total Expenditures with Transfers (Use)/Addition of Fund Balance Revenues Total Revenue Expenditures Personnel Administration Fire Police Parks Community Development Total Personnel C Operating $ 5,379,606 $ (2,846,567) $ 2,533,039 $ 7,428,122 $ 34,777 $ 7,462,899 $ 39,420,108 $ (1,553,232) $ 37,866,876 $ 1,655,226 $ - $ 1,655,226 $ 1,592,266 $ 77,221 $ 1,669,487 $ 23,823,770 $ 144,540 $ 23,968,310 $ 41,012,374 $ (1,476,011) $ 39,536,363 (17,124,374) $ 1,476,011 $ (15,648,363) Original Budget Amendments Final Budget $ 32,187,287 $ 2,400,826 $ 34,588,113 $ 3,417,823 $ 13,542 $ 3,431,365 $ 7,428,122 $ 34,777 $ 7,462,899 $ 10,161,887 $ 49,994 $ 10,211,881 $ 1,655,226 $ - $ 1,655,226 $ 1,160,712 $ 46,227 $ 1,206,939 $ 23,823,770 $ 144,540 $ 23,968,310 C:\Users\jholman\AppData\Local\Microsoft\Windows\Temporary Internet 8/16/2013 11:41 AM Files\Content.OuticoMt66NZKOJ\FY2013 Budget Notice - Amended for Clerks Administration Fire Police Parks Community Development Total Operating Total Personnel and Operating Capital, Administration Fire Police Parks Community Development Total Capital Carryforward - Personnel Administration Fire Police Parks Community Development Total Carryforward - Personnel Carryforward - Operating Administration Fire Police Parks Community Development Total Carryforward - Operating Carryforward - Capital Administration Fire Police Parks Community Development Total Carryforward - Capital Carryforward Administration Fire Police Parks Community Development Total Carryforward Total Expenditures Transfers $ 2,012,826 $ 2,879,017 $ 4,891,843 $ 1,547,855 $ 85,000 $ 1,632,855 $ 1,693,647 $ 185,764 $ 1,879,411 $ 1,382,384 $ 100,575 $ 1,482,959 $ 1,198,119 $ 642,300 $ 1,840,419 $ 7,834,831 $ 3,892,655 $ 11,727,486 $ 31,658,601 $ 4,037,195 $ 35,695,796 $ 409,972 $ 63,000 $ 472,972 $ 95,000 $ 10,500 $ 105,500 $ 2,272,500 $ 107,061 $ 2,379,561 $ 778,711 $ 350,938 $ 1,129,649 15,000 $ 209,578 $ (91,748) $ 117,831 $ 3,556,183 $ 531,499 $ 4,087,6T82-- $ 149,522 $ (90,203) $ 59,319 $ 125,000 $ $ 125,000 $ 45,056 $ (1,545) $ 43,512 $ 15,000 $ - $ 15,000 $ 209,578 $ (91,748) $ 117,831 $ 79,000 $ $ 79,000 $ 125,000 $ $ 125,000 $ 4,418,097 $ (447,011) $ 3,971,087 $ 15,000 $ - $ 15,000 $ 4,622,097 $ (447,011) $ 4,175,087- $ 228,522 $ (90,203) $ 138,319 $ 125,000 $ $ 125,000 $ 4,463,153 $ (448,555) $ 4,014,598 $ 15,000 $ - $ 15,000 $ 4,831,675 $ (538,758) $ 4,292,917 $ 40,046,460 $ 4,029,936 $ 44,076,395 $ (1,592,266) $ 1,967,693 $ 375,427 C:\Users\jholman\AppData\Local\Microsoft\Windows\Temporary Internet 8/16/2013 11:41 AM Files\Content.OUtl(%Mt66NZKOJ\FY2013 Budget Notice - Amended for Clerks Total Expenditures with Transfers (Use)/Addition of Fund Balance $ 38,454,194 $ 5,997,629 $ 44,451,823 $ (6,266,907) $ (3,596,803) $ (9,863,710) For further information contact the Department of Financial Management and Planning at 888-4433. C:\Users\jholman\AppData\Local\Microsoft\Windows\Temporary Internet 8/16/2013 11:41 AM Files\Content.Outic9oMiM6NZKOJ\FY2013 Budget Notice - Amended for Clerks Original Budget Amendments Final Budget Revenues Total Revenue $ 56,077,287 $ 2,400,826 $ 58,478,113 Expenditures Total Personnel and Operating $ 49,876,103 $ 4,037,175 $ 53,913,278 Total Capital $ 19,379,183 $ 2,149,662 $ 21,528,845 Total Carryforward $ 10,931,516 $ (3,501,246) $ 7,430,270 Total Expenditures $ 80,186,803 $ 2,685,591 $ 82,872,394 Transfers $ - $ 0 $ 0 Total Expenditures with Transfers $ 80,186,803 $ 2,685,591 $ 82,872,394 (" (Use)/Addition of Fund Balance $ (24,109,516) $ (284,765) $ (24,394,282) Citizens are invited to inspect the detailed supporting records of the above financial statements. For further information contact the Department of Financial Management and Planning at 888-4433. C:\Users\jholman\AppData\Local\Microsoft\Windows\Temporary Internet 8/16/2013 11:41 AM Files\Content.Outic9oMiM6NZKOJ\FY2013 Budget Notice - Amended for Clerks CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 20, 2013 ITEM # 8A PROJECT NUMBER PROJECT NAME Public Hearing on FY2013 Amended Budget PLEASE PRINT NAME ECEIVI AUG 2 0 2013 CITY OF FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: August 20, 2013 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Public Hearing: FY2014 Proposed Budget of $89,285,963.00 MEETING NOTES 9 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 City of Meridian FY2014 Budget Notice Expenditures Actual Actual Original Budget Original Budget Revenues Personnel Water/Sewer Sales $ 19,401,864 $ 19,618,000 $ 23,969,758 Total Revenue $ 838 $ 2,000 $ $ 23,888,000 $ 25,324,758 410,262 Public Works $ 2,191,298 Expenditures 2,292,428 $ 2,392,001 Water $ 1,240,997 Capital 1,398,048 $ 1,490,878 Wastewater $ 1,955,102 Administration $ 916,429 2,329,425 Total Personnel $ 5.755.468 Total Capital $ 916,429 $ - $ - Carryforward - Capital Administration $ 720,235 $ 557,378 Carryforward - Capital $ - $ 720,235 $ 557,378 Total Carryforward $ - $ 720,235 $ 557,378 Total Expenditures $ 916,429 $ 720,235 $ 557,378 Transfers $ - $ - Total Expenditures with Transfers $ 916,429 $ 720,235 $ 557,378 (Use)/Addition of Fund Balance $ (915,592) $ (718,235) $ (557,378) Expenditures Actual Original Budget Original Budget Revenues Personnel Water/Sewer Sales $ 19,401,864 $ 19,618,000 $ 23,969,758 Other Sources $ 8,121,956 $ 4,270,000 $ 1,355,000 Total Revenue $ 27,523,820 $ 23,888,000 $ 25,324,758 Expenditures Personnel Utility Billing $ 368,071 $ 388,276 $ 410,262 Public Works $ 2,191,298 $ 2,292,428 $ 2,392,001 Water $ 1,240,997 $ 1,398,048 $ 1,490,878 Wastewater $ 1,955,102 $ 2,226,843 $ 2,329,425 Total Personnel $ 5.755.468 $ 6.305.595 $ 6.622,566 Operating Utility Billing $ 344,277 $ 388,493 $ 421,084 Public Works $ 1,169,669 $ 1,041,112 $ 1,087,559 C Water $ 3,744,579 $ 3,824,673 $ 2,735,564 Wastewater $ 6,550,530 $ 6,657,629 $ 2,522,949 C:\Users\jholman\AppData\Local\Microsoft\Windows\Temporary Internet 8116/2013 11:42 AM Files\Content.outio6k'gOtNZKOJ\FY2014 Budget Notice for Clerks Publications Total Personnel and Operating Capital Utility Billing Public Works Water Wastewater Total Capital Carryforward - Operating Utility Billing Public Works Total Operating $ 11,809,055 $ 11,911,907 $ 6,767,156 $ 17,564,523 $ 18,217,502 $ 13,389,722 110,000 $ 110,000 446,088 $ 556,179 Water Wastewater $ 56,000 Total Carryforward - Operating $ - $ 556,088 $ 722,179 Carryforward - Capital Utility Billing Public Works Water $ 1,635,776 $ 710,000 $ 19,796 $ - $ 1,624,635 $ 6,959,000 $ 4,260,000 $ 5,157,539 $ 8,864,000 $ 11,744,621 $ 6,801,970 $ 15,823,000 $ 16,714,621 110,000 $ 110,000 446,088 $ 556,179 Water Wastewater $ 56,000 Total Carryforward - Operating $ - $ 556,088 $ 722,179 Carryforward - Capital Utility Billing Public Works Water $ 1,635,776 $ 6,150,664 Wastewater $ 3,187,742 $ 5,835,268 Total Carryforward - Capital $ - $ 4,823,518 $ 11,985,932 Total Carryforward Total Expenditures Transfers Total Expenditures with Transfers (Use)/Addition of Fund Balance Revenues Total Revenue Expenditures Personnel Administration Fire Police Parks Community Development Total Personnel Operating $ - $ 5,379,606 $ 12,708,111 4,013,935 $ 7,317,358 $ 7,428,122 $ 24,366,494 $ 39,420,108 $ 42,812,454 10,161,887 $ 10,322,462 $ 1,513,632 $ 1,527,475 $ 1,592,266 $ 2,686,536 1,067,267 $ 1,160,712 $ 1,225,131 $ 25,893,968 $ 41,012,374 $ 45,498,990 1,629,852 $ (17,124,374) $ (20,174,232) Actual Original Budget Original Budget $ 35,375,623 $ 32,187,287 $ 34,864,085 $ 3,098,072 $ 3,417,823 $ 4,013,935 $ 7,317,358 $ 7,428,122 $ 7,920,662 $ 9,812,467 $ 10,161,887 $ 10,322,462 $ 1,513,632 $ 1,655,226 $ 1,788,543 $ 1,067,267 $ 1,160,712 $ 1,225,131 $ 22,808,795 $ 23,823,770 $ 25,270,733 C:\Users\jholman\AppData\Local\Microsoft\Windows\Temporary Internet 8/16/2013 11:42 AM Files\Content.Outlo2kYgOtNZKOJ\FY2014 Budget Notice for Clerks Publications Administration $ 1,989,052 $ 2,012,826 $ 2,208,880 Fire $ 1,031,089 $ 1,547,855 $ 1,085,786 Police $ 1,861,861 $ 1,693,647 $ 1,977,451 Parks $ 1,218,780 $ 1,382,384 $ 1,535,966 Community Development $ 1,476,251 $ 1,198,119 $ 1,497,170 Total Operating $ 7,577,033 $ 7,834,831 $ 8,305,253 Total Personnel and Operating $ 30,385,827 $ 31,658,601 $ 33,575,986 Capital $ 32,059,803 $ 40,046,460 $ 45,916,131 Administration $ 78,182 $ 409,972 $ 1,596,552 Fire $ 210,102 $ 95,000 $ 950,390 Police $ 315,651 $ 2,272,500 $ 2,826,000 Parks $ 1,070,040 $ 778,711 $ 1,310,012 Community Development $ - $ - $ 64,002 Total Capital $ 1,673,976 $ 3,556,183 $ 6,746,956 Carryforward - Operating Administration $ $ 149,522 $ 30,244 Fire $ $ - $ - Police $ $ - $ 52,325 Parks $ $ 45,056 $ 13,510 Community Development $ $ 15,000 $ 65,000 Total Carryforward - Operating $ $ 209,578 $ 161,079 Carryforward - Capital Administration $ - $ 79,000 $ 311,459 Fire $ - $ - $ 61,500 Police $ - $ 125,000 $ 2,176,107 Parks $ - $ 4,418,097 $ 2,883,045 Community Development $ - $ - $ - Total Carryforward - Capital $ - $ 4,622,097 $ 5,432,110 Carryforward Administration $ - $ 228,522 $ 341,703 Fire $ - $ - $ 61,500 Police $ - $ 125,000 $ 2,228,432 Parks $ - $ 4,463,153 $ 2,896,555 Community Development $ - $ 15,000 $ 65,000 Total Carryforward $ - $ 4,831,675 $ 5,593,189 Total Expenditures $ 32,059,803 $ 40,046,460 $ 45,916,131 Transfers $ (1,527,475) $ (1,592,266) $ (2,686,536) Total Expenditures with Transfers $ 30,532,328 $ 38,454,194 $ 43,229,595 (Use)/Addition of Fund Balance $ 4,843,295 $ (6,266,907) $ (8,365,510) C:\Users\jholman\AppData\Local\Microsoft\Windows\Temporary Internet 8/16/2013 11:42 AM Files\Content.Outlo6kYgO6NZKOJ\FY2014 Budget Notice for Clerks Publications Revenues Total Revenue Expenditures Total Personnel and Operating Total Capital Total Carryforward Total Expenditures Transfers Total Expenditures with Transfers (Use)/Addition of Fund Balance Actual Original Budget Original Budget $ 62,900,281 $ 56,077,287 $ 60,188,843 $ 47,950,351 $ 49,876,103 $ 46,965,708 $ 9,392,375 $ 19,379,183 $ 23,461,577 $ - $ 10,931,516 $ 18,858,678 $ 57,342,726 $ 80,186,803 $ 89,285,963 $ (0) $ $ $ 57,342,726 $ 80,186,803 $ 89,285,963 5,557,555 $ (24,109,516) $ (29,097,120) Citizens are invited to inspect the detailed supporting records of the above financial statements. For further information contact the Department of Financial Management and Planning at 888-4433. C:\Users\jholman\AppData\Local\Microsoft\Windows\Temporary Internet 8/16/2013 11:42 AM Files\Content.Outlo6kY9O6NZKOJ\FY2014 Budget Notice for Clerks Publications CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 20, 2013 ITEM # PROJECT NUMBER PROJECT NAME Public Hearing on FY2014 Budget PLEASE PRINT NAME 11 l FOR I AGAINST I NEUTRALI Meridian Planning Zoning Commission Meeting DATE: August 20, 2013 ITEM NUMBER: $C i PROJECT NUMBER: FP 13-036 ITEM TITLE: FP 13-036 Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 1/4 Mile East of N. Black Cat Road Request: Final Plan Approval Consisting of Four (4) Single Family Lots and Three (3) Common Lots on Approximately 10. 10 Acres in an R-2 and R-8 Zoning Districts. MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 20, 2013 ITEM NUMBER: $D ( PROJECT NUMBER: RZ 13-006 ITEM TITLE: Public Hearing: RZ 13-006 Fast Eddy's by Steve Eddy Located at 710, 730, 750, 770 & 790 W. Ustick Road Request: Rezone of a 5.52 Acres of Land from C -N to C -C Zoning District 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 Planning Zoning Commission Meeting DATE: August 20, 2013 ITEM NUMBER: PROJECT NUMBER: CUP 13-006 ITEM TITLE: Public Hearing: CUP 13-006 Fast Eddy's by Steve Eddy Located at 710 W. Ustick Road Request: Conditional Use Permit Approval to Extend the Business Hours of Operation in the C -C District When a Property Abuts a Residential Use or District From 1 1:OOPM to 12:OOAM on Fridays and Saturdays in Accord with UDC 1 1 -2B -3A.4 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 20, 2013 ITEM NUMBER: $F ( PROJECT NUMBER: RZ 13-005 ITEM TITLE: BAINBRIDGE SUBDIVISION Public Hearing: RZ 13-005 Bainbridge Subdivision by Brighton Investments, LLC Located South Side of Chinden Boulevard Midway Between N. Ten Mile Road and N. Black Cat Road Request: Rezone of 5.85 Acres of Land from the L -O to the R-8 Zoning District 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 Planning Zoning Commission Meeting DATE: August 20, 2013 ITEM NUMBER: $G PROJECT NUMBER: PP 13-011 ITEM TITLE: Public Hearing: PP 13-011 Bainbridge Subdivision by Brighton Investments, LLC Located South Side of Chinden Boulevard Midway Between N. Ten Mile Road and N. Black Cat Road Request: Preliminary Plaf Approval Consisting of 551 Building Lots and 55 Common/Other Lots on 191.30 Acres of Land in and R-8 Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 20, 2013 ITEM NUMBER: $H PROJECT NUMBER: AZ 13-006 ITEM TITLE: JACK'S PLACE SUBDIVISION Public Hearing: AZ 13-006 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Annexation of 5.34 Acres from RUT in Ada County to the L -O (Limited Office) (1.71 Acres) and R-8 (Medium -Density Residential) (3.63 Acres) Zoning Districts 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 Planning Zoning Commission Meeting DATE: August 20, 2013 ITEM NUMBER: 81 ( PROJECT NUMBER: PP 13-010 ITEM TITLE: Public Hearing: PP 13-010 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile north of E. Victory Road Request: Preliminary Plat Approval Consisting of Three (3) Lots, Twenty (20) Residential Lots and Three (3) Common Lots on Approximately 4.52 Acres in the Proposed L -O and R-8 Zoning Districts MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Auqust 20, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Clerk's Office Fee Schedule Update Public Hearing: Clerk's Office Fee Schedule 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 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, August 20, 2013, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding adoption of an updated Fee Schedule of the City Clerk's Office, including proposed new or amended fees as set forth below. Further information regarding these fees, as well as the entire proposed Clerk's Office fee schedule, is available in the City Clerk's Office at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Please submit written materials to the City Clerk at least seven (7) days prior to the hearing date. All testimony and materials presented at public meetings shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at 888- 4433 at least 48 hours prior to the public hearing. City Clerk's Office Fee Schedule proposed new or amended fees: Mobile Sales Unit License (includes $41.50 ISP background check $82.50 fee) Pawnbroker License without Precious Metal Dealer Endorsement — $72.50 New (includes $41.50 ISP background check fee) Pawnbroker License with Precious Metal Dealer Endorsement— $72.50 New (includes $41.50 ISP background check fee) Precious Metal Dealer License — New (includes $41.50 ISP $72.50 background check fee) Private Security Services License (includes $41.50 ISP background $72.50 check fee) DATED this 2nd day of August, 2013. PUBLISH on August 5, 2013 and August _ CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 20, 2013 ITEM # 8J PROJECT NUMBER PROJECT NAME Clerk's Office Fee Schedule Update PLEASE PRINT NAME I FOR I AGAINST I NEUTRALI � CEIVE AUG 2 0 2013 CITY OF Meridian City Council Meeting DATE: August 20 2013 ITEM NUMBER: 8K PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. 13-938 Resolution No. 13-938: Update to Clerk's Office Fee Schedule MEETING NOTES i Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 13- (30 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN CITY CLERK'S OFFICE; AUTHORIZING THE CLERK'S OFFICE TO COLLECT, SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. „ WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on August 20, 2013, the City Council of Meridian held a hearing on the adoption of the proposed Meridian City Clerk's Office Fee Schedule as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian City Clerk's Office; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian City Clerk's Office, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the City Clerk's Office is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect on August 21, 2013. ADOPTED by the City Council of the City of Meridian, Idaho this ,20 day of August, 2013.1 APPROVED by the Mayor of the City of Meridian, Idaho, this2 da" y of August, 2013. APPROVED: ATTEST: Tammy da V erd, Mayor city of SEAL �T Op F Ti, of ode 10.E PSU,,6 City Clerk ADOPTION OF MERIDIAN CITY CLERK'S OFFICE FEE SCHEDULE PAGE 1 OF 2 Exhibit A FEE SCHEDULE OF THE MERIDIAN CITY CLERK'S OFFICE FEE TYPE .FEE AMOUNT Beer license —retail $50.00 Beer license bythcdrink $200.00 Wine license — retail $200.00 Wine license - by the drink $200.00 Liquor license — by the drink $562.50 Alcoholcateringpermit $20.00; " Liquor/beer/wine license transfer $100.00 Citizen's Use Permit $50.00 Dog license — neutered $16.00 Dog`license -non-neutered $21,00` , Lost dog tag replacement $5.00 Fireworks Display Permit $125,00 Retail Sales of Non -Aerial Common Fireworks Permit $25.00 Temporary Use Permit - Special Event/Outdoor Market (in a; "ark) $150,00 Temporary Use Permit— Special Event/Outdoor Market (not in a park) $85.00 Temporary Use Permit -Promotional Sales Unit $65.00 -' Temporary Use Permit — Temporary Sales Unit $65.00 Temporary Use Permit - Subdivision 'Modcl Home or Subdivision Real Estate Sales Office $65.00 Temporary Use Permit — Temporary Indoor Event $100.00 Mobile Sales Unit License (includes $41.50 ISP background check fee), $82.50 i Pawnbroker License without Precious Metal Dealer Endorsement — Renewal $30.00 Pawnbroker License without Precious Metal Dealer Endorsement — New`(includes $41.50 ISP background check fee) $72.50 Pawnbroker License with Precious Metal Dealer Endorsement — Renewal $30.00 Pawnbroker License with Precious Metal Dealer Endorsement New (includes $41,511 ISP background check fee $72.50 Precious Metal Dealer License —New $72.50 Precious Metal Dealer License — Renewal $30.00 Private Security Services License $72.50 Paper copies o£publie record information 0-100 pages: No charge 101 or more ages: $0,10/ a`e Attorney labor to redact nonpublic records Hours 1 and 2: No charge Hours 3 and up: $29.56/hour Other labor to respond to public records request Hours Land 2: No charge Hours 3 and up: $24.00/hour CD or DVD with public record information $1.00 each Thumb drive with public record information $7.50 each NSF check fee $20.00 ADOPTION OF MERIDIAN CITY CLERK'S OFFICE FEE SCHEDULE PAGE 2 OF 2 Meridian City Council Meeting DATE: August 20, 2013 ITEM NUMBER: gA PROJECT NUMBER: ITEM TITLE: ORDINANCE 13-1569 Legal/Human Resources Department: Ordinance No. 13-1569: Adding a Human Resources Director Position MEETING NOTES On -fo,r 003 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZARE MBA AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, SECTION IA: SPECIFIC APPOINTMENTS BY MAYOR, BY ADDING A HUMAN RESOURCES DIRECTOR POSITION; AND AMENDING TITLE 1, CHAPTER 8, SECTION 8C-2: DUTIES OF CITY ATTORNEY, BY REMOVING HUMAN RESOURCES RESPONSIBILITY AS SET FORTH IN 1 -8C -2J; AND AMENDING TITLE 1, CHAPTER 8, BY ADDING ARTICLE E: CITY HUMAN RESOURCES DIRECTOR AND SECTIONS; 1-8E-1: APPOINTMENT; TERM OF OFFICE; AND 1-8E-2: DUTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council seek to add a Human Resources Director position to directly oversee the management and development of the City's Human Resource Department and functions; and WHEREAS, the purpose of creating said position is to improve the overall efficiency and effectiveness of human resource systems and operations throughout the organization; and WHEREAS, the Mayor with the consent of the city council may add appointed positions as necessary to effectively operate the city; and \, WHEREAS, by adding a Human Resources Director position, the position of City Attorney will no longer oversee, manage, and direct the human resources function for the city of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 8, Section IA, of the Meridian City Code shall be amended as follows: 1-8-1: APPOINTMENTS BY MAYOR: A. Specific Appointments: The mayor, with the consent of the city council, shall appoint all department directors of the city of Meridian including city attorney, public works director, chief of police, fire chief, community development director, parks and recreation director, human resources director, and chief financial officer. The mayor with the consent of the city council may add or change other appointed positions as necessary to effectively operate the city. Additionally, pursuant to the Idaho Code the mayor with the consent of the city council shall appoint a city treasurer and city clerk. (Ord. 12-1503, 2-14-2012) Section 2. That Title 1, Chapter 8, Article C, Section 2, of the Meridian City Code shall be amended as follows: ORDINANCE. ADDING HUMAN RESOURCE DIRECTOR POSITION AND AMENDING DUTIES OF CITY ATTORNEY PAGE I of 3 1-8C-2: DUTIES: It shall be the duty of the city attorney and any deputy city attorney acting under the authority of the city attorney to: A. Provide the highest standard of legal ethics, accountability, and responsibility in representing the client, the city of Meridian; and B. Advise the mayor and council, as the client, on all legal matters related to the needs of the city of Meridian; and C. Provide legal opinions to the mayor and council when requested; and D. Prepare all necessary ordinances and resolutions to facilitate the needs of the city of Meridian; and E. Review, as necessary, all contracts, agreements, or instruments for legal sufficiency to protect the interests of the city of Meridian; and F. Prosecute, defend, or oversee the representation of the city of Meridian in all matters civil or criminal in courts of competent jurisdiction; and G. Provide legal advice to departments, boards, commissions, or committees of the city of Meridian, with the consent of the mayor and city council; and H. Retain independent legal counsel and any additional legal services when necessary to further and protect the interest of the city of Meridian; and I. Attend the meetings of the city council and provide legal advice as requested by the mayor or city council; and K.J. Perform any and all legal duties as directed in the interest of the city of Meridian. (Ord. 04- 1112,11-3-2004) Section 3. That a new article, Article E, shall be added to Title 1, Chapter 8, to read as follows: ARTICLE E CITY HUMAN RESOURCES DEPARTMENT DIRECTOR 1-8E-1: APPOINTMENT; TERM OF OFFICE: A. The human resources department director shall be appointed by the mayor, with the consent of the city council, and shall hold office unless removed pursuant to section 1-8-1 of this chapter. ORDINANCE ADDING HUMAN RESOURCE DIRECTOR POSITION AND AMENDING DUTIES OF CITY ATTORNEY PAGE 2 of 3 B. The human resources department director may hire staff as may b�quired to carry out the duties set forth herein. Such staff shall serve under the supervision of the human resources department director. 1-8E-2: DUTIES: It shall be the duty of the human resources department director and any staff acting under the authority thereof to: A. Oversee, manage, and direct the human resources function for the city of Meridian; and B. Serve as principal advisor to the mayor and city council on human resource issues; and C. Ensure the city's human resource programs, policies, and practices operate in compliance with applicable state and federal laws, regulations, and audits; and D. Establish and maintain records and reports in sufficient detail to furnish all information necessaryproper administration of departmental activities and to form the basis for reports required by the mayor and city council; and E. Deep informed as to the latest practices in the human resources field and implement. with the approval of the mayor and city council, such new practices that will be of benefit to the cites Cthe public; and F. Assist the mayor and city council to develop long term human resource goals for the city and strategies to implement these goals; and G. Attend the meetings of the city council to provide human resource advice as requested by the mayor or city council. H. Perforin or request criminal background investigation of all applicants offered employment, contract employees and/or volunteers to whom criminal history is reasonably related to the requirements of the position, including that which requires or may require the employee to: 1. Handle or have access to secure areas, information, or records; 2. Exercise supervision over children; 3. Work on or around vehicles, equipment, chemicals, or firearms; 4. Gain access to or visit homes, businesses, or other property; rty; 5. Handle monetary accounts or transactions; 6. Drive a City vehicle as a regular part of employee's duties; or 7. Provide patient care. ORDINANCE ADDING HUMAN RESOURCE DIRECTOR POSITION AND AMENDING DUTIES OF CITY ATTORNEY PAGE 3 of 3 Section 4. That this ordinance shall be effective on the first day of October, 2013. PASSED by the City Council of the City of Meridian, Idaho, this day of August, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this day of August, 2013. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk ORDINANCE ADDING HUMAN RESOURCE DIRECTOR POSITION AND AMENDING DUTIES OF CI'T'Y ATTORNEY PAGE 4 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 13 - PROVIDING FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, SECTION IA: SPECIFIC APPOINTMENTS BY MAYOR, BY ADDING A HUMAN RESOURCES DIRECTOR POSITION; AND AMENDING TITLE 1, CHAPTER 8, SECTION 8C-2: DUTIES OF CITY ATTORNEY, BY REMOVING HUMAN RESOURCES RESPONSIBILITY AS SET FORTH IN 1 -8C -2J; AND AMENDING TITLE 1, CHAPTER 8, BY ADDING ARTICLE E: CITY HUMAN RESOURCES DIRECTOR AND SECTIONS; 1-8E-1: APPOINTMENT; TERM OF OFFICE; AND 1-8E-2: DUTIES; AND PROVIDING AN EFFECTIVE DATE. 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 Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 13 - 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. 13- 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 2013. William. L.M. Nary City Attorney SUMMARY ORDINANCE ADDING HUMAN RESOURCE DIRECTOR POSITION AND AMENDING DUTIES OF CITY ATTORNEY Meridian City Council Meeting DATE: Auqust 20, 2013 ITEM NUMBER: ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 20, 2013 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: EXECUTIVE SESSION Executive Session per Idaho State Code 67-2345(1)(c) —To Conduct Deliberations Concerning Labor Negotiations Or To Acquire An Interest In Real Property, Which Is Not Owned By A Public Agency MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS