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HomeMy WebLinkAbout2016-01-19E IDILN� CITY COUNCIL REGULAR I MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, January 19, 2016 at 6:00 PM 1. Roll -Call Attendance X_ Anne Little Roberts X Joe Borton X Ty Palmer X_ Keith Bird X Genesis Milam X_ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance and Presentation of Colors by Trae Bryan with Troop Linder Ward Pack 130 3. Community Invocation by Kevin Hestead with Real Life Ministries 4. Adoption of the Agenda 5. Consent Agenda A. Resolution No. 16-1113: Authorizing the City Clerk to Destroy Certain Semi -Permanent Records of the Information Technology Department B. Resolution No. 16-1114: A Resolution Reappointing Steven Yearsley to Seat 3 of the Meridian Planning and Zoning Commission C. Resolution No. 16-1115: A Resolution Establishing Appointments for Board Members and Alternates to the Valley Regional Transportation Authority. D. Development Agreement for Approval: Nesting Swan Ranch (AZ 14-016) Generally located at 4620 S. Martine[ Lane and 3570 E. Amity Road, in the Southwest 1/4 of Section 28, Township 3 North, Range 1 East. E. Development Agreement for Approval: Paramount Subdivision (H-2015- 0022) Generally Located at the Southeast Corner of W. Chinden Boulevard (SH 20/26) and N. Fox Run Way F. Water main easement Paramount Square Subdivision Meridian City Council Meeting Agenda Tuesday, January 19, 2016 — Page 1 of 4 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. G. FY2016 Annual Carryforward H. FY2016 Grant Carryforward 1. Approval of Award of Bid and Agreement to SOUTHERN IDAHO ELECTRIC, INC for the "STOREY PARK LIGHTING UPGRADES" project for a Not -To - Exceed amount of $92,500.00. J. Findings of Fact, Conclusions of Law for Falconers Place Subdivision (H- 2015-0015) by Summit Equity, LLC Located East Side of Eagle Road, South of Victory Road Request: Preliminary Plat Approval Consisting of Twenty -Three (23) Single -Family Residential Lots and Six (6) Common Lots on Approximately 4.69 Acres in the R-8 Zoning District AND Modification of the Recorded Development Agreement (Inst. #105152708) for the Purpose of Altering the Type and Number of Buildings to be Constructed on the Subject Property 6. Community Items/Presentations A. Formal Swearing in of 3 New Police Officers: Jeremy Churchfield, Matt Ferronato, Tuyen Nguyen B. Present Chiefs Commendation Certificate to Citizen Don Ankenman & Mitch Jones C. Amended onto the Agenda: Purple Heart City Presentation and Proclamation D. Ada County Highway District (ACHD) Strategic Plan Update 7. Items Moved From the Consent Agenda None 8. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Public Hearing for Impresa Park Subdivision (H-2015-0042) by Rodhouse Capital, LLC Located South Side of W. Franklin Road, Approximately 1/4 Mile West of S. Meridian Road Approved Meridian City Council Meeting Agenda Tuesday, January 19, 2016 — Page 2 of 4 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. 1. Request: Short Plat Approval Consisting of Four (4) Building Lots on 1.22 Acres of Land in a L -O Zoning District B. Public Hearing for Primary Health Clinic (H-2015-0045) by Matthew Witt, Rocky Mountain Companies Located 1648 & 1624 N.W. 1 st Street Approved Request: Modification to the Development Agreement to Update the Conceptual Development Plan for the Western Portion of the Site C. Public Hearing for Edgehill Subdivision (H-2015-0005) by JUB Engineers, Inc. Located at 1393 & 1405 W. Victory Road Continued to February 23, 2016 1. Request: Annexation and Zoning of 40.19 Acres of Land with an R-4 Zoning District 2. Request: Preliminary Plat Approval Consisting of 116 Building Lots and 7 Common Lots on 40.19 Acres of Land in an R-4 Zoning District D. Public Hearing for UDC Text Amendment 2015 & Meridian Design Manual Revamp (H-2015-0011) by City of Meridian Planning Division Continued to January 26, 2016 1. Request: Text Amendment to the Unified Development Code (UDC) as follows: a. UDC Sections: Definitions; Residential Dimensional Standards; Fencing; Structure and Site and Multi -Family Design Standards; Common Open Space and Site Amenity Requirements; Specific Use Standards for Drinking Establishments, Flex Space and Home Occupations; Timelines for Signatures on Development Agreements; Subdivision Design and Improvement Standards and Other Miscellaneous Sections b. Reformat of the Meridian Design Manual Including Reducing Duplicate Guidelines; Removing Site Design and Transportation Related Guidelines; Emphasize Architectural Elements and Change the Name of the Design Manual to the City of Meridian Architectural Standards Manual 9. Department Reports A. Police Department: Budget amendment for Spending Authority for the Police Mobilization Grant, in the Amount of $39,000.00 Approved Meridian City Council Meeting Agenda Tuesday, January 19, 2016 — Page 3 of 4 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. B. Police Department: Discussion on Moving the Volunteer Coordinator Position from the Police Budget to the Parks Department C. Parks and Recreation Department: FY2016 Budget Amendment Regarding Volunteer Coordinator Transfer for a Not -to -Exceed Amount of $9,500.00 Approved 10. Ordinances A. Ordinance No. 16-1669: Nesting Swan (AZ 14-016). An Ordinance for the Annexation and Re -Zoning For a Parcel of Land being Lots 1 and 3 of Martinel Subdivision, as Recorded in Book 66, Page 6764, Official Records of Ada County, Idaho including an Unplatted Portion of the Southwest One Quarter of the Southwest One Quarter of Section 28, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This Parcel Contains 27.75 Acres more or less. Approved 11. Future Meeting Topics Adjourned at 8:38 p.m. Meridian City Council Meeting Agenda Tuesday, January 19, 2016 — Page 4 of 4 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 January 19, 2016 A meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, January 19, 2016, by Mayor Tammy de Weerd. Members Present: Keith Bird, Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer and Anne Little Roberts. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Kyle Radek, Jeff Lavey, Chris Amenn, Sonya Watters, Josh Beach, Mike Barton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Anne Little Roberts X _ Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the City Council meeting to order. Thank you all for joining us. We always like to see our citizens in the audience. For the record it is, January 19th. It's 6:00 p.m. Madam Clerk, will you, please, call roll. Item 2: Pledge of Allegiance and Presentation of Colors by Trae Bryan with Troop Linder Ward Pack 130 De Weerd: Now, Item No. 2 is the Pledge of Allegiance. We have two troops here. One will be presenting the colors, but we have the troop Linder Ward Pack 130 and Troop 462. Thank you, boys, for being here with us. We appreciate you being here in attendance and wish you luck in earning your merit awards. So, I'm going to go ahead turn this over to Trae Bryan and the troop from Linder Ward Pack 130 to present the colors and lead us in the Pledge of Allegiance. We will wait for instructions from the boys. (Pledge of Allegiance recited.) De Weerd: And I would like to thank the young members for posting our flags and lead ing us in the pledge to the flag. We greatly appreciate that and I will have the city clerk give you some City of Meridian pins for leading us tonight. Thank you. Item 3: Community Invocation by Kevin Hestead with Real Life Ministries De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Kevin Hestead -- and I'm sorry, Kevin, if I said our name wrong. He is with Real Life Ministries. If you will come forward. I don't see him. So, we will skip item No. 3. Item 4: Adoption of the Agenda Meridian City Council January 19, 2016 Page 2 of 52 De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On 5-A, the resolution number is 16-1113. 5-B the resolution number is 16-1114. 5-C the resolution number is 16-1115. Item 6-C will be moved to 6-D and we will include 6-C, which is the Purple Heart presentation and proclamation. On Item 8-D staff has requested to be continued to January 26th, which we will do when we come there. And on 10-A the ordinance number is 16-1669. And with that I move we pass the revised agenda. Cavener: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Resolution No. 16-1113: Authorizing the City Clerk to Destroy Certain Semi-Permanent Records of the Information Technology Department B. Resolution No. 16-1114: A Resolution Reappointing Steven Yearsley to Seat 3 of the Meridian Planning and Zoning Commission C. Resolution No. 16-1115: A Resolution Establishing Appointments for Board Members and Alternates to the Valley Regional Transportation Authority. D. Development Agreement for Approval: Nesting Swan Ranch (AZ 14-016) Generally located at 4620 S. Martinel Lane and 3570 E. Amity Road, in the Southwest 1/4 of Section 28, Township 3 North, Range 1 East. E. Development Agreement for Approval: Paramount Subdivision (H-2015-0022) Generally Located at the Southeast Corner of W. Chinden Boulevard (SH 20/26) and N. Fox Run Way F. Water main easement Paramount Square Subdivision G. FY2016 Annual Carryforward Meridian City Council January 19, 2016 Page 3 of 52 H. FY2016 Grant Carryforward I. Approval of Award of Bid and Agreement to SOUTHERN IDAHO ELECTRIC, INC for the “STOREY PARK LIGHTING UPGRADES” project for a Not-To-Exceed amount of $92,500.00. J. Findings of Fact, Conclusions of Law for Falconers Place Subdivision (H-2015-0015) by Summit Equity, LLC Located East Side of Eagle Road, South of Victory Road Request: Preliminary Plat Approval Consisting of Twenty-Three (23) Single-Family Residential Lots and Six (6) Common Lots on Approximately 4.69 Acres in the R-8 Zoning District AND Modification of the Recorded Development Agreement (Inst. #105152708) for the Purpose of Altering the Type and Number of Buildings to be Constructed on the Subject Property De Weerd: Our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As I have -- the resolution for A is 16-1113. For B it's 16-1114 and C is 16-1115. And with that I move we pass the Consent Agenda and for the Mayor to sign and the Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Formal Swearing in of 3 New Police Officers: Jeremy Churchfield, Matt Ferronato, Tuyen Nguyen De Weerd: Item 6-A. I'm going to turn this over to our chief of police Chief Lavey. Meridian City Council January 19, 2016 Page 4 of 52 Lavey: Madam Mayor, Council, thank you for the opportunity to speak today. First I'd like to welcome the newest members, Councilman Palmer and Councilwoman Anne Little Roberts. I have not had an opportunity to be in front of you yet, so it is my pleasure. This is probably the most exciting thing that I can do as -- as a police chief and that's welcoming new police officers. Sometime ago I vowed that I would bring every single sworn police officer in front of Council to personally introduce them to the Mayor and Council and to also introduce them to our community for which they serve and that's the purpose of this evening. We are going to do a swearing in ceremony, but I also have a biography that I have had each of the officers write themselves in their own words that I would like to read to you as well. I think they are quite educational and I think -- I think you will enjoy them. So, what I'd like to do is have the three officers come forward and stand right over here and after we do the swearing in for the family members, we can allow you to take some photos and, then, Frank also will have some photos and we will keep it informal. Come up here close, get the pictures that you deserve. So -- not you. The family. You don't have to try to sneak a photo from the row. Come forward and take the photo. This is -- this is a memory of a lifetime, so -- with that being said, gentlemen, raise your right hand and repeat after me. I, state your name, do solemnly swear or affirm that I will support the Constitution of the United States, the Constitution and laws of the state of Idaho, and the laws and ordinances of the City of Meridian. That I will abide by the law enforcement code of ethics and the policies and procedures of the Meridian Police. That I will obey all lawful orders of those appointed over me and t hat I will, to the best of my ability, faithfully discharge the duties of police officer for the City of Meridian, state of Idaho, so help me God. (Repeated by officers.) Lavey: Congratulations, gentlemen. Madam Mayor, Council, while they are doing that, allow me to read a quick bio on each -- each of these officers. Jeremy Churchfield. Jeremy hold you -- hold your hand up. Jeremy moved to Emmett, Idaho, in 2003 from Minden, Nevada. He worked on construction in Emmett and had a concrete business and held a real estate license between 2003 and 2008. During that time he competed in the rodeos in the western states. He has been married to his wife Jamie for 17 years and they have three children, Aubrey 15, Allie 13 and Grady seven, which I think you just saw. He enjoys outdoor activities, including hunting and fishing. His parents Jeff and Vicki, who are here this evening moved to Emmett about the same time that he did. In 2008 he went to work for the Emmett Police Department and he worked patrol for approximately three years, then, moved to investigations. He left the Emmett Police Department as a sergeant of investigations. During that time in Emmett he was also a BTS instructor and had training on topics including best investigations, narcotics investigations , crime scene, domestic violence and arson investigation, to name a few. Thank you, Jeremy. Lavey: So, I will try to do this, Tuyen, without butchering anything, but -- Officer Tuyen Nguyen, he was born and raised in a small town called Binh My in Vietnam. His family and he came to America when he was 17 years old. He graduated from Twin Falls High School in 2009 and joined the Idaho National Guard right after high school. He served six years in the Guard with one tour in Iraq from 2010 and 2011 as a combat medic. He Meridian City Council January 19, 2016 Page 5 of 52 came home and went to the College of Southern Idaho with his major in law enforcement. He graduated from CSI with an associate of applied science degree in 2013. He started his police career as a reserve officer at the Rupert Police Department in 2012 and he worked there for one year, then, applied for the Sun Valley Police Department. He left Rupert Police Department and started working for the Sun Valley Police Department in 2013 and after two and a half years in Sun Valley he was ready for a new challenge, so he applied for the Meridian Police Department. He was chosen by Meridian Police Department in November of 2015 and as he -- in his own words says now here I am. Welcome, Tuyen. Lavey: Officer Matthew Ferronato comes from a family of law enforcement officers, including his father and two brothers. Officer Ferronato attended the College of Southern Idaho law enforcement program in the fall of 2009 in Twin Falls. After graduation from the program he was hired by the Hailey Police Department as a police officer. After working for Hailey for about two and a half years, Officer Ferronato accepted a police officer position with the Twin Falls Police Department. He worked for the Twin Falls Police Department for just over one and a half years. Officer Ferronato was hired by the Meridian Police Department in November 2015 and returned to his home town here in the Treasure Valley. He is very proud and honored to be a member of Meridian's finest and looks forward to helping make the city an even better place to live and work. Congratulations, Matthew. Lavey: Did we get the pictures? Thank you, Gentlemen. De Weerd: Chief, it looks like I'm going to owe some mayors apologies for picking off all of the law enforcement across the state -- or at least south Idaho area. Lavey: Yeah. You may not want to travel to the Magic Valley for a while. De Weerd: Yeah. So, I guess, Jeremy, it's quite the change from contractor to real estate to law enforcement, but I highly admire the efforts that Emmett has had in drug prevention programs and some of their pro-active programs in Emmett. Look forward to having you on board. And Tuyen and Matt -- Tuyen from military service to law enforcement, we appreciate your continued service to our citizens from the military to now law enforcement. And, Matt, coming from a law enforcement family you know what you're in for and we appreciate having all three of you part of our Meridian family. We would like to welcome you on behalf of myself and the City Council, thank you. And thank you to the families. We know being the family support unit of all of our law enforcement is not always an easy endeavor. We welcome you to our family as well. You have joined a department that embraces the family members and will call you theirs. So, be prepared for a warm welcome and thank you all for being here to celebrate this evening with your loved ones. Lavey: Thank you, Mayor. B. Present Chief's Commendation Certificate to Citizen Don Ankenman & Mitch Jones Meridian City Council January 19, 2016 Page 6 of 52 De Weerd: Chief, you're the next item, too. Lavey: Madam Mayor, Council, it looks like I'm kind of dominating the top of the agenda, so I would like to invite Corporal Kevin Wilson to come up. Kevin is representing the -- the Meridian Police Employees Association and him and I have a joint presentation we would like to do to -- or for one of our citizens. This is probably the second best thing that I can do in law enforcement and it is to recognize our citizens for the service that they provide to either us as a police department or us for our community. But we would like to invite Don Ankenman to come forward, please, Don. Wilson: Had to trick him to be here. Lavey: Yes. I know. He probably is a little surprised. Blame your wife. If you could come up here and stand. In early December we had a police officer that came across a family that needed some help and this police officer reached out to our department and reached out to Don and asked what they could do and Don works for Walmart and Walmart has been a great contributor to this city for many, many years and is a great partner to law enforcement and we were looking for some -- some simple things for the family, some -- maybe some clothing for the kids or a gift card at -- at Christmastime. Well, it went way, way beyond that and so just allow me to read what I have here. Don has always worked extremely well with the Meridian Police Department. This was highlighted when Meridian officers informed Don of a local family in need. Don went above and beyond what was asked and coordinated an effort to make sure the family had groceries for the holidays, as well as providing them with furnishings, Christmas gifts, clothing for themselves and for their daughter. Don also coordinated with a local Lowe's to fix the family's broken front door. Don was even able to contact another generous citizen to donate a car so the family could get to and from work and, more importantly, to transport the family during extremely cold months. It is because of Don's empathy, compassion, willingness and always to help out that we award Don with this Meridian Police Chief's Commendation. Thank you, Don. Wilson: Besides this particular event, he's also a huge supporter of our golf tournament that benefits between the association in the fallen officer fund and on a personal note he also coordinated a pancake feed for my daughter's high school softball team. So, I -- you know, whenever I need to I can call him and all of the officers that were there individually had a plan to do something on their own and made a phone call to Mr. Magic here and, then, it blew up to what it was. So, we have a plaque here for him and it reads: Presented to Don Ankenman, Meridian Walmart Store 2862. In appreciation for your dedication, devotion and commitment to the citizens in and around the City of Meridian, first responders statewide and the continued support of our organization, thank you for all you do. Lavey: Madam Mayor, Council, this is another item that is another chief's commendation that didn't make it on the agenda and I would like to invite Mitch Jones to come forward, please. On October 31st, 2015, a Meridian police officer was involved in a violent Meridian City Council January 19, 2016 Page 7 of 52 confrontation with a domestic battery suspect under the influence of illegal drugs and altered mind. During the arrest attempt the suspect attacked a Meridian police officer knocking him to the ground. Another officer responded and helped take the suspect in custody. Mitch Jones witnessed the confrontation from the beginning and although he could have left for work without rendering any assistance to police, he chose to stay. Mitch stayed to be the witness to officers' actions because of the recent distortions of police actions. Jones wanted to make sure the officers' actions were accurately portrayed in case there was any dispute concerning the call. It is because of this concern for -- for an accurate depiction of our officers' actions Mitch Jones is awarded this chief's commendation. Thank you, Mitch. Jones: I mean there is not much to say. It's just -- my wife and I -- if you have heard a -- a kid yelling, it's mine. But they -- we have only been living in Meridian for -- you know, for -- what is it? Since -- since June. Six months now. And we immediately fell in love with it. So, it's just -- and, honestly, if you think about it, just break everything down, it really all boils down to what's our crime -- what's the crime rate. What can people -- and what can't they get away with and -- because of high rate businesses don't want to come in, the economy suffers and, then, you get, situations like you have back east. But it's -- it's because of communities like Meridian that my wife and I and -- and our son will -- we will probably never leave. We fell in love with it and I mean they gave me this commendation, but I honestly -- I mean I honestly -- the reason why I stayed is because I was incredibly grateful to the police department, because we have a city like Meridian because of them. So, while this was presented to me in thanks to me, I would like to -- to any officer I wasn't able to speak to on that day, I would like to thank the -- I would like to thank the Meridian Police Department for -- well, for giving us what the 24 Wall Street says -- 20 percent of Wall Street calls the greatest city in the county to live in. So, I'd like to say thank you to them. Lavey: Madam Mayor and Council, I didn't even have to pay him to say that. I just asked him to speak, so -- he has a great story to tell. I thought -- I thought you should hear it. I would also like to say for the record this is one of the first attacks on a police officer that we actually caught on a body worn camera, so, you know, we -- we were able to have that as well. We appreciate Mitch staying around, though, to -- to be a witness for -- as this case goes to court. So, I think I'm done for now until the end of the evening. So, thank you. De Weerd: You know, Mitch, I would like to thank you. Too often it's always easiest to be a bystander and -- and I think the environment right now law enforcement faces, they are always under suspicion, instead of seen as our community heroes for keeping our community safe. But what you demonstrated and what I think our -- our police department does really well -- it engages our citizens. They can't do this alone and by citizens like you stepping up and being part of it, it takes courage and it takes a willingness of community partners to continue to be that safe community that we are all proud of. So, thank you for the courage to step up and to stay part of it and it 's always nice to have our officers know that our citizens have their backs, too. So, thank you for that. And Don -- Mr. Magic. Thank you. You know, also part of being that number one community is our citizen Meridian City Council January 19, 2016 Page 8 of 52 engagement. It's really our people that put us on the map and you are an example to all of us of how to show empathy and to engage into the lives of others that are not always as fortunate, but to be part of the solution that we are seeking to see and those solutions don't come from government, they come from the citizens, they come from our community. So, thank you for being so engaged. Thank you for being such an awesome partner to our police department and we are thrilled to have the opportunity to be part of the chief's recognition of both these individuals and there is others in our community, but thank you for being here. Thank you to your families for being here with you and supporting you and it's nice to see that. Thank you so much for joining us. And you do not -- and the families of our newly sworn officers do not have to stay around. C. Amended onto the Agenda: Purple Heart City Presentation and Proclamation De Weerd: But I would ask that you stick around for just this next item and -- where we get to hear from our -- our other community heroes that serve at a higher level in our military and what the Purple Heart is about and I guess at this time I would call Item No. 6-C, which is the Purple Heart City presentation and ask you to come forward. Yes. I assume that you're Commander Barker. Torano: Excuse me? De Weerd: Are you Commander Barker? Torano: I am not. De Weerd: Okay. Torano: I am Donald Torano. I'm the senior vice-commander of both the Idaho Department of the Military Order of the Purple Heart and also the chapter of the Military Order of the Purple Heart in Boise. De Weerd: Thank you for being here. Torano: And what we would like to do, Madam Mayor and City Co uncil Members, just to listen just a little bit about the Purple Heart. The award was created by General George Washington on August 7th of 1782, right toward the end of the Revolutionary War and at that time it was called the Badge of Military Merit and it was created to honor extraordinary service by ordinary soldiers. It's actually the precursor of the Metal of Honor today. Years later, on February 22nd of 1932, Congress reestablished the award as the Purple Heart metal and made it retroactive to World War I veterans. On Washington's 200th birthday it was designated the Purple Heart and it's awarded to servicemen and women who are killed in battle or wounded by the hand of the enemy and we would like you , Madam Mayor, to sign a proclamation designatin g Meridian a Purple Heart city. And why? Well, to promote awareness to our citizens of what the Purple Heart represents. The Purple Heart City designation reminds people, both emotionally and visibly , that American blood Meridian City Council January 19, 2016 Page 9 of 52 was spilled in order to insure our freedoms and with less than one percent of our population now serving in the military, we strongly believe that it's vital to keep this precious symbol in the forefront of our minds and as a reminder of all that countless veterans have given their lives for our country -- or as we like to say -- all gave some and some gave all. What do you think of that, Madam Mayor? Would you sign it? De Weerd: Well, I think I'm prepared to read the proclamation right now. So, I'm going to come down and join you. Torano: Wonderful. De Weerd: You guys don't waste anytime. I'm going to read this proclamation, but one thing that we do in the City of Meridian is we don't do this in name only, we want it to mean something and we hope that we can honor this every year with a proclamation to keep the significance of it alive and to really honor those that allow us to assemble here in peace to maintain our freedoms that those of the Purple Heart really represent. So, with that I will read our proclamation. Whereas the Purple Heart, initially created as the Badge of Military Merit by General George Washington 1782, is the oldest military decoration -- or decoration presently used and whereas the Purple Heart is specifically awarded to members of the United States armed forces who have been wounded or paid the ultimate sacrifice in combat with a declared enemy of the United States of America and whereas the mission of the Military Order of the Purple Heart is to foster an environment of good will among the combat wounded veteran members and their families, promote patriotism, support legislative initiatives and, most importantly, make sure we never forget and whereas many Meridian citizens have paid the costly price of freedom by leaving their families and friends to place themselves in harm's way for the good of all and whereas Meridian holds highest admiration and utmost gratitude f or all men and women of our armed forces who have selfishly served our country and community. Therefore, I, Mayor Tammy de Weerd, hereby proclaim the City of Meridian as a Purple Heart City and encourage all of our citizens here in Meridian to show their appreciation for the sacrifices of the Purple Heart recipients and what they have made in defending our freedoms to acknowledge their courage and to show them the honor and support that they very much deserve and I have signed this this day with my gratitude to all of you. Torano: The coins that our Commander Newt Brocco is passing out right now are Purple Heart coins depicting the two chapters that we have here in Idaho. We have Chapter 630 in Pocatello. Chapter 509 here in Boise. And they are absolutely beautiful coins. I'd like you to take a look at them if you can. Very unique. Designed by one of our members in Pocatello. Mitch, I'm a Meridian resident and I agree with you. Top shelf right here. No doubt. De Weerd: Thank you, again, gentlemen, for joining us and thank you to our new officers and their families and our community heroes. And t hank you Purple Hearts. We are proud to be a Purple Heart City. Meridian City Council January 19, 2016 Page 10 of 52 D. Ada County Highway District (ACHD) Strategic Plan Update De Weerd: Okay. Item 6-D is our Ada County Highway District strategic plan update. Turn this over to you, Justin. Lucas: Madam Mayor, Members of the Council, thank you so much for having me this evening. That is a very tough act to follow, so I will try to keep this brief and on point. Please feel at any moment during my presentation to just go ahead and stop me and ask a question. I can't be offended, just jump right in. My name is Justin Lucas. I represent the Ada County Highway District. Business address is 3775 Adams Street in Garden City, Idaho. I did want to come and share with you a follow up on a previous presentation that we had at a joint meeting with the Ada County Highway District several months ago about the ACHD strategic plan. This plan is being developed in coordination with the ACHD commission and our community partners and the primary purpose is -- I won't read them all here, but really we are just trying to link the work that's done through COMPASS with Communities In Motion and all of the economic and demographic forecasting. The work in the ACHD capital improvements plan, which is our 20 year capital plan, and, then, all of the other work that ACHD does with our maintenance liabilities and responsibilities that we have. And as you can imagine there is a lot going on when it comes to transportation in this valley and ACHD oftentimes is right in the middle of it. So, what we want to do is make sure that we have strategies to address all of those various needs. What I shared with you last time was the planning framework and what I'm going to focus on today is the strategic approach that we are trying to take. That strategic approac h has three basic elements, asset management -- I imagine that's not something that is unfamiliar to you as a city council. You have various assets and deal with this. The highway district also has various assets that we have to own and maintain. One of those is the roadway system. One of the largest public infrastructure assets that we have as the county. We did a lot of financial forecasting for this plan and, obviously, when anytime -- anytime you do a plan like this you try to look at the different trade-offs and policies that some into play. So, just to talk a little bit about asset management. You're very familiar with this concept. But we are trying to inventory and assess what we have. The various different assets. Establish performance measures. Identify areas of high risk. Look at life cycle costs and decide how to best allocate resources. The reason this is such a hot button issue right now in transportation is you can read all across the country about the gaps that exist between what we need when it comes to transportation and what we are able to fund. So, the Ada County Highway District is trying very hard to quantify what that is, so that as we move forward we can discuss how to address it directly. That's what this is all about and it's a long term process. This one plan will not solve all the transportation issues we have in the Treasure Valley, it's meant to create a framework for the ACHD commission to document where we are, establish measures and, then, see how we are doing from a performance perspective. We anticipate looking at this every four years with a major update in coordination with the Communities In Motion plan which is the new demographic forecast and the new economic forecast. So, just one example -- and there is lots of stuff on this slide, it's probably not a great slide, but I did want to highlight that, you know, ACHD operates and maintains well over 4,700 lane miles and roadway. To give you an idea of how much roadway that is, you could drive from here to Washington DC and back and Meridian City Council January 19, 2016 Page 11 of 52 that's about 4,700 lane miles. That is quite a bit of infrastructure. ACHD -- the commission over the years probably a lot, because we are a special purpose government, is very dedicated to keeping our roadway in good condition. The highway district was created back in the '70s, because the roadways were not in good condition in the city of Boise and the highway district was created in response to poor conditions and that's been our roots over there at the highway district and we are very passionate about it, which is keeping the roads in good condition. We have independent evaluators come and look at our roadways about every three years. Our last independent evaluation they came out, they did a full assessment and have said without question ACHD's roads are some of the best in the northwest, including Portland, Seattle, other major metropolitan areas and we need to keep doing what we are doing. And so we take that as a real -- we are proud of that and we -- we want to keep doing what we are doing and this plan is meant to help us do that. That being said, one other thing we are dealing with -- and you're also very aware of this -- is incredible growth within the Treasure Valley. As you can see, this is the population forecast for Ada County. Here we are in 2015, a little over 400,000 people. Estimated to be over 600,000 people by 2035. That's like adding another population base the size of the city of Boise to our valley. It's significant growth. It's steady. It's aggressive. And from a transportation perspective it's hard to manage and we do our best to do that, but that's one of the paradigms that we are in. So, when you have that kind of growth with all of the new subdivisions, the expansion of roadways and all of the things happening, we have to somehow get our arms around what is our system going to look like in the next 20 years, not just from how many people are going to be here, but how many lane miles of road is ACHD going to be expected to maintain to accommodat e this growth. You can see there is different scenarios. We have looked at a high growth scenario of lane miles that puts us up over 6,000. To be honest, I hope we don't get there. There is a really low growth, which kind of matching what happened during the recession. I don't think that's realistic either. I think we are going to grow at a more steady rate than we did then. So, what ACHD is looking at right now is this system growing at a pace of about one percent per year. What that tells you it's about 50 lane miles a year that we are adding to the system. Every lane mile we add we have to maintain. And so that's -- this is what we are looking at and that one percent growth -- just to put it in perspective, this year alone we added well over 75 lane miles of roadway. So, we were over our average what we think, but this was a big year and so will every year be 75? No. During the recession there were years when we added six lane miles of road, two lane miles of road during the worst years of the recession. So, it is -- it does fluctuate quite a bit. So, along with the revenue -- along with the system growth ACHD is doing some pretty significant work on how we can grow our revenue to match all the needs that are out there. You can see on this slide the solid line is where we were in 2015 on revenue approaching a hundred million dollars a year. I want to show you something, though, that's interesting and I showed this to our commission. That area right there of revenue growth, that actually occurred because of commission draw down of our reserve funds. So, our tax base and revenue didn't actually increase, we were drawing down our savings account. Our savings account was really big during that time and so there was a decision by our commission to draw that down. But what that tells you is that moving forward the reserves are no longer there to increase revenue. We have to find a way to steadily increase revenue to meet the demands of growth, both in our system and caused Meridian City Council January 19, 2016 Page 12 of 52 by the population growth in our county. This is a -- it's one of my favorite slides, because it shows -- it shows everyone where we are at. It shows us where we need to go to meet these needs. So, what our commission has done and has talked about is we need to come up with a way to -- as we get revenue -- as we get new revenue, as we look at how we are allocating our resources, they want to have a very clear methodology and they wanted me to share this with you so everyone is aware of the -- of the basic decision making process that ACHD goes through when we allocate resources. The c ommission's primary focus as they directed me in this plan is to determine and fund our maintenance and safety needs by each category and make those are primary focus. Pavement -- keeping our pavements in good condition. Community programs, which includes the safe sidewalk program. And this is critical. Community programs -- when I made this presentation first to them I had that one down as a secondary focus, because it can be considered an enhancement. The commission said, no, when it comes to pedestrian sidewalk safety we want that to be part of our primary focus. So, I moved it up based on their direction. Bridges, traffic signals and material, storm water facilities, many of which are safety related items and storm water is -- much of that is federal mandate that we have to follow. We don't have a choice. We have to meet certain permitting requirements. You're very aware, I'm sure, of permitting requirements when it comes to clean water and we have those similar requirements on us. Which leaves a secondary focus, which is determine and fund enhancement needs for congestion management and relief. And this is primarily our roadway expansion and intersection expansion programs. Now, you can see primary and secondary, you think, oh, no, ACHD is not going to expand roadways. That's not the case. What we are looking at, though, is that we are going to make sure we are meeting our primary need before we are able to allocate resources towards our secondary need. Now, moving forward, as revenues become more scares, this methodology puts more pressure on expansion projects. That's what it does. And because of that the commission is constantly working to find ways to increase revenue so that we can meet all the needs that we have. And I just want to be very clear, the ACHD commission is committed to both of these things, so it's not one or the other. That's not the paradigm that we are in. But what they -- what they want to do is make sure that we are not overlooking the incredible maintenance needs that we have, so that we put ourselves in a position down the road where we cannot maintain our system and let it degrade to a point where the cost to bring it back up to par is so expensive. T hey don't want to be in that situation and you can read stories all the time about communities that put themself in that situation and it's not a pleasant place to be. I can certainly pause there if there is any questions or concerns. De Weerd: Justin, as part of the strategic focus have you defined what level of service you're maintaining? And I guess the second part of that is have you established a cost to maintaining that level of service? Lucas: Madam Mayor, Members of the Council, absolutely as of right now the commission every year sets performance targets related to pavement quality, related to signal in-service rate, related to congestion relief. And so we have attached cost to those to keeping the system in the condition that it is today and that is the direction the commission has basically given us is keep -- keep us where we are now. We don't want Meridian City Council January 19, 2016 Page 13 of 52 to go backwards. Can we do that and meet all the needs that are coming at us? To be honest, we don't know. We are going to have to find out. But the basic performance measures they have set are let's not go backwards, let's keep this condition where we are today. And, fortunately, for us as an organization our big -- our big ticket items, which are pavement and bridges on the asset category side, we are in good shape. And so there is sometimes the feeling of, well, can't we ramp it back and let some of those things degrade to do more roadway intersection projects and the commission has been very reluctant to do that, because they are afraid if we go in that direction we will get too far behind and have too much deferred maintenance down the road. So, it is a balance. It really is. And it's a balance we try to strike every year through the integrated five year work plan, through our capital improvements plan and that's why we are here talking to you. We want you to know that we are going through these -- these types of conversations and are always looking for ways to -- to find the best and most cost effective way to meet these needs. De Weerd: I guess the second question I have would be certainly Meridian is very interested in what you do, because it seems all roads go through us from Canyon county to north, south, east and west. We are surrounded with Boise, we all have an interest in kind of what is the future of our rural roads that no longer carry rural numbers, they carry urban numbers and the amount of drivers. If we were to only deal with our growth it would -- it wouldn't be a problem, but when the impact of everyone else's growth drives through us it is and I know that several years ago you put together a rating formula to rate need and where you're limited expansion dollars go. We just appreciate the communication your staff has with our staff, that we have an opportunity t o give input and since over the last couple of weeks since the beginning of the year we have to make a decision on a road situation, because it was part of a development agreement -- I think everyone up here can say we appreciate your commission all the mo re because of it. Lucas: Thank you, Madam Mayor, and, absolutely, we are absolutely committed and this is my commitment to you, I manage the department that does all of the outreach related to our integrated five year work plan, how we interface with s taff, the fact that one of us tries to come and sit in your meetings as often as we possibly can -- all of those are ACHD's efforts to show you that we really view ourselves as a partner. We want to be here. We want to try and meet your needs as best we can, but we also want your understanding that this kind of growth is hard for all of us sometimes to deal with and we want to work with you on the best ways and the most effective ways to prioritize those project s and meet the needs as quickly as we can. Sometimes we can't do it -- can't get to it as quickly as we want to, but we are committed to get to it. De Weerd: So, I guess I made a statement. My question part of that is something that has been worked on for many years and that's through what was originally called the Blueprint For Good Growth, but it was to anticipa te too much of impact, so that one entity doesn't pay the entire cost, which was illustrated in the last couple weeks and that -- that discussion -- but how are you going to approach that as expansion dollars become more limited, expansion needs become greater because of the growth, how are you going to balance that? Meridian City Council January 19, 2016 Page 14 of 52 Lucas: It's an excellent question, Madam Mayor, and I don't know if I can fully answer that tonight as part of this presentation, but ACHD is -- is committed through its capital improvements plan to identify these needs and working with our partners at COMPASS over the years we have developed methodology to report back to you when you're reviewing a development application the cumulative impacts that are -- that come as part of that land use decision. So, that reports and those things are all tied up in the reports that we send you as part of the development process. Now, the direct action related to those -- those are things that have to be continually discussed at the regional policy level, because, really, there needs to be a regional understanding, if, indeed, a project is having an impact outsides your community on your community. There has to be a regional understanding of some type of coordination on how we deal with that. There was an attempt to do that through the Blueprint For Good Growth and the adequate public facilities ordinances and things like that, those have never fully been implemented and to do it requires a lot of coordination, I will just be honest, at the highest levels. And so I think that ACHD's position is we do our best to support all of the various communities that we are partners with and don't want to place one community -- try to prioritize one community's needs over another. We are trying to meet all the different communities' needs. De Weerd: Any questions from our Council members? Well, as -- so, Justin, I can't get my teeth out of that one, because decisions made north of us, south of us, east of us -- not -- or not necessarily east of us, but west of us, impact us and so when you say we can't get involved in -- you represent all cities, but all cities do impact our roads and so -- and oftentimes we don't know about those development applications until their trips are driving through us and we are -- we are using our other resources and police and fire services, we are -- we just need to make sure that -- and I think you just told us that we are responsible for the adequate public facilities ordinance, but hopefully we have newly elected officials that will step up and we can start those conversations again, because that's going to be the answer to how you pay for the roads and you have to pay attention to the center before you pay attention to the fringe. Lucas: Madam Mayor, these are -- these are all very good points and points that I hear from other communities also with complaints about -- De Weerd: The fringe. Lucas: Well, I would say other -- all the communities within the valley honestly they view their growth and their -- their city as the top priority. I'm just being as honest as I can. And so the highway district, we do our best to communicate the impacts of those decisions to each different community and, then, it's ultimately up to the -- to the elected officials within those communities to decide what is best for their community and so those are -- those are difficult questions and we are committed to try and be part of that conversation as best we can. Meridian City Council January 19, 2016 Page 15 of 52 De Weerd: Okay. I'll leave that alone after I make this one statement, because what happens upstream starts to build as it goes downstream and so even if we stopped growing tomorrow, we are going to have increased traffic that we will have no -- no voice in and so you are our voice and we need to -- to really trust that those cumulative impacts are communicated to our staff and that those improvements related to the impact of the upstream users is considered as well to let them know the impact they will have on othe r roadways not in their jurisdiction. Lucas: Thank you. De Weerd: Okay. I will let it go. Tonight. Lucas: Thank you, Madam Mayor. Things to consider up here on the board. Various different -- this talks about a CIP, finding that balance, which is some of the conversation that we have been having tonight. These are difficult questions that require multi- jurisdictional coordination and the answer are sometimes elusive and we recognize that and this plan, hopefully, can be a mechanism to discuss and memorialize decisions as they are made and maybe highlight areas where we are not doing a very good job and, then, to identify steps that we can take to do a better job. So, that's really where we -- what we are trying to do with this -- this type of effort. That's the final slide I had for you. I can certainly take any other questions you might have , but we will continue working with our commission on this. Our hope is to bring forward some type of draft that kind of encapsulates all these concepts in kind of the May timeframe and, then, take if forward for the Commission adoption. I will certainly be sharing that draft with you when it is developed. De Weerd: Council, any questions? Bird: I have none. De Weerd: Mr. Palmer. Palmer: Madam Mayor. Justin, I just wanted to thank you. Having a few children I understand how they all want things all at once and they all want them now and so I appreciate you being patient with us as we are those children demanding those things and helping us understand the position you're in and the organization and what we can do to be the partner, rather than just the children making the demands. So, thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Justin, can you go back -- you had a slide where you referenced I think growth and the word weighed I think was referenced. Lucas: Let's see here. Maybe it was this one. Meridian City Council January 19, 2016 Page 16 of 52 Cavener: Yes. Just an age. Waves. I didn't quite understand, do you mean waves of growth or -- Lucas: Yeah. Madam Mayor, Members of the Council, Councilman Cavener, yeah, the system -- the way it grows oftentimes is not a steady rate. If you look at how much lane miles we added between the years of 2002 and 2007, that's extremely different from what we added between the years of 2008 let's say to 2013. And the reason that matters from a maintenance perspective is that the maintenance need, then, comes in a big chunk and so we have to be ready for that and -- and willing to, you know, allocate resources in a way that allows us to deal with that. Does that help answer your question? Cavener: Would it be possible for you to e-mail me a copy? Lucas: Absolutely. Yes. I think there is a copy, actually, on the hard drive there and the clerk should have a copy. Yeah. Cavener: Great. Thank, Justin. Lucas: Thank you. De Weerd: Okay. Thank you, Justin. Lucas: Thank you very much. Item 7: Items Moved From the Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items. A. Public Hearing for Impresa Park Subdivision (H-2015-0042) by Rodhouse Capital, LLC Located South Side of W. Franklin Road, Approximately 1/4 Mile West of S. Meridian Road 1. Request: Short Plat Approval Consisting of Four (4) Building Lots on 1.22 Acres of Land in a L-O Zoning District De Weerd: So, we will move into Action Items. Item 8-A is a public hearing on H-2015- 0042. I will open this public hearing with staff comments. Beach: Good evening, Madam Mayor, Members of the Council. This -- if I can get this slide show to start here. Apologize. So, this is the -- Item 8-A is the Impresa Park Subdivision. It is a -- the application is a short plat. The site consists of 1.22 acres of land zoned L-O, which is located at 289 Southwest 5th Avenue in the northeast quarter of section of Section 13, Township 3 North, Range 1 West of that parcel number Meridian City Council January 19, 2016 Page 17 of 52 R85337501700. This proposed subdivision is a resubdivision of Lot 7, Block 1 of the former Troutner Park Subdivision. A little history on that. In 1996 the city of Meridian approved the annexation and zoning of property in Troutner Park Subdivision in C -G and L-O zoning districts. In 1997 a development agreement was entered into which required all development within the subdivision to obtain conditional use permit approval. In 2013 a conditional use permit application was received to construct four office buildings on the site. In 2013 a CZC was approved to construct one 4,020 square foot office building, so there currently exists one building on the site. The proposed plat consists of four building lots. All of the proposed lots comply with the dimensional standards of the L -O zoning district and is in substantial compliance with the criteria set forth in the UDC for short plats. As you can see here on the plat, this is the existing building here on the southeast corner. And staff would like to mention that the applicant Joe Canning was -- is in agreement with the staff report. He did have some questions for us today that we responded to about that staff report. Staff would also like to add one additional condition that there be a cross-access ingress-egress easement and a shared parking agreement required to be provided internally with the subdivision and said easement shall be depicted and/or noted on the face of the recorded final plat in accord with the provisions of the UDC. With that staff is recommending approval with the conditions and I will stand for any questions you have. De Weerd: Council, any questions? Bird: Not at this time, Mayor. De Weerd: Okay. Joe, would you like to make comment? If you will, please, state your name and address for the record. Canning: Madam Mayor, Members of the Council, my name is Joe Canning. I'm employed by B&A Engineers in Boise. Address is 5505 West Franklin Road. And, really, I have no comments about this. I just want to make sure that additional comment or condition that's being added is just for interior. The cross -access is just -- okay. That was my only question. Bird: And do you agree with that? Canning: I agree with that. De Weerd: Council, any questions for the applicant? Bird: I have none. De Weerd: Thank you. Canning: Thank you. De Weerd: Is there anyone here to provide testimony on this application? Okay. Meridian City Council January 19, 2016 Page 18 of 52 Good evening. If you will, please, state your name and address for the record. Richardson: My name is Sharon Richardson. I live at 61 West Barrett Street in Meridian. De Weerd: Thank you. Richardson: And I'm not sure if this is the part where the public gets to ask questions -- De Weerd: Uh-huh. Richardson: Is that right? Okay. De Weerd: Well, yeah. Richardson: Or is there going to be -- De Weerd: Provide testimony and if you have questions we will ask in the follow up from the applicant -- Richardson: Okay. That's mainly what I -- because I went through the whole application and I had a couple of questions that I didn't have answers to, so -- De Weerd: Okay. Well -- Richardson: Is that appropriate for me to ask those now or -- De Weerd: You can ask those and if we can answer them we will or we will leave it for the applicant in his wrap up remarks. Richardson: Okay. Great. Thank you. So, the -- my house is a townhouse and I face east. This development will be my new site line. So, I have windows on the side of my townhouse that face a berm, which is the easement to the west of this development. So, basically, this -- there is an existing building on this quad of four that is n umber one on the -- on the form here and two and three will become basically what I see. So, my -- my biggest concern is what the elevation is going to be of building two and building three. I don't think building four, based on my vision, will have probably much effect, but right now I have a great view of the foothills and Bogus Basin and being a resident of the city all my life those are fairly important. I haven't lived in the townhomes for very long, about a year, and I bought it knowing there was going to be commercial development going on next door to me, but mainly I just want to see if there is anything that I need to be aware of that's going to affect my property values, because I'm losing what I consider to be a great asset to my home. De Weerd: Right. Meridian City Council January 19, 2016 Page 19 of 52 Richardson: So, that's basically what I'm mostly concerned with and if there is -- you know, I'm sure that there is not going to be -- I'm curious when the development will be breaking ground and also when the construction will be finished as well, because in the previous development of -- sorry -- it's number one there, there was a considerable amount of dust coming in my windows as it was being done in the summertime, obviously. So, I just kind of want to know what the time frame is for when they are going to start breaking ground and when construction will be finished on these three remaining buildings. De Weerd: Thank you. All very good questions and we will have the applicant mention them. I didn't see -- or elevations in the application, but we do have design standards that kind of oversee the materials and what the look might be, so -- Richardson: And it doesn't -- pardon if I interrupt. It specified something about whether they would be one or two story and it said not specified, so I don't know how tall that means the buildings were to be, but if there is any way for me to just know like what the sight line is going to be, so I know if it's going to affect the value of my property. De Weerd: Right. Well, we can tell you what is allowed in those zones -- Richardson: Okay. De Weerd: -- and, Josh, maybe, you can -- you can at least detail in those zones the height of the buildings and if we had any idea what the buildings might look like. Beach: Give me one second to do that. I don't have the specific requirements memorized, so bear with me while I pull those up here. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: While he's doing that, I just want to point out for myself, I guess, that I -- I live on Fulmer Court, so we are neighborhoods. Richardson: We are neighbors. Palmer: So, I'm in the cul-de-sac, if you look at the map one -- right there. So, it's right there for me as well, but I just -- I don't see any conflict myself, but I just wanted to point out that I do live right there, but I do plan on participating in the conversation. Richardson: I think I'm the only person whose view this will be affecting for this particular plot, so, you know, I'm not really surprised there is nobody else wanting to go aah. Beach: So, if you look here on the -- Meridian City Council January 19, 2016 Page 20 of 52 De Weerd: Or I guess, Josh, if you will also talk about the transitional buffer between residential and this development as well. Beach: Absolutely. Madam Mayor, Members of the Council, this is a diagram that lists the -- basically building requirements for the L-O zone, which is the -- I guess the fourth one from left. So, if you move down here, maximum building height is 35 feet. If you move back to the plat that was provided in the application there is an existing 35 foot landscape buffer on the west side that you mentioned that was put in with that Troutner Park Subdivision, so that actually exceeds the requirements of the L-O zone, so there is -- that buffer is already in place there. The applicant will -- as Mayor mentioned will have to go through the certificate of zoning compliance and design review, which is, basically, a site plan review, we make sure that the landscaping is in place, make sure that the parking meets our standards, again, the landscape buffer -- make sure that those meet our standards and, then, we also review the building plans to make sure that they meet building height. We have some fairly strict architectural standards, especially when buildings are visible from the surrounding properties. Unfortunately, that is all -- depending on how you look at it, that's all reviewed internally by staff to make sure that it meets those standards, so -- De Weerd: Well, that's what we can answer and perhaps the applicant can answer any further details or perhaps you can even have a conversation after the hearing. Richardson: Okay. De Weerd: So, thank you for sharing your ideas and concerns. Richardson: Thank you. De Weerd: Is there anyone else who would like to provide comments on this application? Okay. Joe, do you want to respond and wrap this up? Canning: I will try. Thank you. Yeah, really, as Josh -- De Weerd: If you will just restate your name for the record. Canning: Joe Canning. De Weerd: Thank you. Canning: And Josh had already pointed out there is a considerable setback -- landscape setback on the back of these lots. It is a total of 35 feet that's back there. It is currently landscaped. We expect the buildings to be similar to the one that's on Lot 1 and it may help the -- the neighbor to know that due to configuration of those lots those buildings are going to be -- more or less face east-west -- the length will be east-west, so you will have a ridge line that's also east-west and that will help minimize that building height, because Meridian City Council January 19, 2016 Page 21 of 52 as you go out that ridge it will get shorter. So, really, that's about all -- all I would have to add. De Weerd: Thank you. Canning: Thank you. De Weerd: Council, any questions for the applicant? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I think she also was curious about -- if you had a time -- a time frame -- timeline on the building. Canning: Well, we don't. De Weerd: Based on the users, uh? Canning: This particular applicant never seems to be in a big hurry, so I think -- I think his original application came in several years ago. It took him quite a while to build that first building, so he may need some time. The neighbor also talked about dust control and -- I don't know, I guess you could look at it getting the site developed is actually going to help reduce that and have a little bit of -- little bit of a problem when the construction itself is going on, but right now I think it would be better to get filled in with landscape, so that dust control could occur. Milam: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Joe, when they are doing the development and the building on it, is there -- is there any way -- I don't think we can't force it, but being an engineer could you ask them to do some dust abatement? I mean all you have to do is run a water truck through there, because when you got a lot of construction trucks pulling in and out of there that ground gets pretty dusty and pretty -- and most big jobs they do get water trucks in there and abate it every once in a while. You don't have to do it every day, but it's just nice to be neighborly and you got a lot of neighbors there to your side there. Canning: Yes. Yes, we can do that and, of course, maybe I shouldn't say that -- maybe I shouldn't say this, but a call to DEQ also helps. Bird: I'm not saying that. Meridian City Council January 19, 2016 Page 22 of 52 De Weerd: Well -- and I might say a call to our department to find out who the builder is or the applicant, a call from the city might help, too, so -- Canning: Correct. De Weerd: And maybe Joe will give you his phone number on the way out. Canning: I can do that. I can do that. De Weerd: Okay. Any further questions for the applicant? Bird: I have none. De Weerd: Okay. Thank you. Canning: Thank you. De Weerd: Council, do I have a motion to close? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on H-2015-0042. Milam: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no further information needed or anything, I move that we approve H-2015- 0042 and to include all staff, applicant, and public testimony and that is include the two -- the cross-access and the parking within the subdivision, which the applicant agreed to. Milam: Second. De Weerd: Okay. Again, I would ask you to speak into your microphone. Bird: I thought I did. Meridian City Council January 19, 2016 Page 23 of 52 De Weerd: As those in the very back row, if you can't hear, wave your hand, because we do want you all to be able to hear what's being discussed. If there is no further discussion, Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing for Primary Health Clinic (H-2015-0045) by Matthew Witt, Rocky Mountain Companies Located 1648 & 1624 N.W. 1st Street 1. Request: Modification to the Development Agreement to Update the Conceptual Development Plan for the Western Portion of the Site De Weerd: Okay. Item 8-B is also a public hearing for H-2015-0045. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a development agreement modification. This site consists of 1.17 acres of land. It's zoned O-T, located at 1624 and 1648 Northwest 1st Street on the south side of West Cherry Lane between North Meridian Road and Northwest 1st Street. In 2015 this property was rezoned from R-4 to O-T with the requirement of a development agreement and a conditional use permit was approved for a drive-thru for a coffee kiosk on the eastern portion of the site. The Comprehensive Plan future land use map designation for this site is Old Town. The applicant is requesting an amendment to the existing development agreement to update the conceptual development plan for the western portion of the site for the development of a 6,310 square foot medical off ice for Primary Health. The previously plan shown there on your left depicts three future parcels developing with a walk up and drive -thru coffee kiosk on the eastern portion of the site and two future pad sites for a small restaurant and retail restaurant uses on the western portion of the site. One access via Northwest 1st Street at the west boundary was approved near the north end of the site. A 12 foot wide buffer to adjoining residential uses is depicted along the south boundary. The proposed plan shown on the right still depicts three parcels, but only includes one pad site, instead of two, on the western portion of the site for a medical office for Primary Health and associated parking. No changes are proposed to the eastern portion of the site. The buffer to residential uses at the south boundary has been reduced from 12 feet to seven feet on the western portion of the site. Because there is no longer a building planned along the south boundary to serve as a buffer to the commercial uses, staff recommends a provision is added to the development agreement that requires a minimum ten foot wide buffer planted with a mix of evergreens Meridian City Council January 19, 2016 Page 24 of 52 and deciduous trees that allow trees to touch at maturity to be provided along the south boundary of parcel C in accord with the standards listed in UDC 11-3B-9C1 with development of parcel B. That is the Primary Health site. The access via Northwest 1st Street has shifted to the south of this property for safer pedestrian access between the parking area and the Primary Health building. As the new location creates more of a direct route between Northwest 1st and North Meridian Road, staff is concerned this may promote cut-through traffic. However, believe that to be safer for Primary Health clientele. Staff recommends traffic calming, such as speed bumps, are installed in the southern drive aisles at the east side of the parking area where parcels A and C adjoin to slow traffic down. All future development of the site must comply with the dimensional standards of the O-T zoning district. The building pad proposed on parcel B encroaches onto parcel A. After the development agreement is amended the applicant should be required to apply for and execute a property boundary adjustment to adjust the parcel boundaries prior to submittal of a certificate of zoning compliance application on parcel B for the Primary Health. The proposed healthcare use is a principal permitted use in the Old Town zoning district per UDC Table 11-2D2. The proposed site plan depicts adequate parking for the proposed use. Therefore, staff recommends approval of the proposed modifications per the proposed conceptual development plan with staff's recommended changes to the provisions of the development agreement as noted in the staff report as previously mentioned. There has been no written testimony submitted on this application and staff recommendation is for approval. Staff will stand for any questions. De Weerd: Thank you. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: One question for Sonya. Am I just seeing, then, one set of speed bumps for traffic calming in there? Watters: Madam Mayor, Councilman Cavener, yes, one set. Cavener: Okay. Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Sonya, you said recommend. So, the speed bumps are going to be a required thing or just recommending for -- the help people avoid cutting through there and not do it at a fast speed, I guess. Meridian City Council January 19, 2016 Page 25 of 52 Watters: Madam Mayor, Councilman Palmer, Councilmen, that is part of staff's recommendation that the applicant provide those, so that would be a requirement if Council agrees. De Weerd: Okay. Any other questions at this time? Would the applicant like to provide comments? Good evening. If you will, please, state your name and address for the record. Witt: Absolutely. Good afternoon -- good afternoon. Good evening, Madam Mayor, Members of the Council. My name is Matthew Witt, I'm director design and construction for Rocky Mountain Development and this is our proposed Primary Health. My only comments would be we are in complete agreement with staff's recommendation. To clarify the speed bumps, it has always been our intent to include those, so the requirement -- we are totally on board with. So, it will be a safe corridor and I will say staff has been excellent as always to work this through the process of put ting this together through its entirety and continues to make Meridian a great place to do development work. So, I would stand for any questions you might have on the application. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Witt: Thanks. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Thank you. Council, if there is no further questions for staff or the applicant, I would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close MDA H-2015-0045. Milam: Second. De Weerd: I have a motion and a second to close Item 8-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council January 19, 2016 Page 26 of 52 Bird: I move we approve MDA H-2015-0045 to include staff, applicant comments and to include the speed bump at the one location. Milam: Second. De Weerd: I have a motion and a second to approve Item 8-B. Any discussion by Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing for Edgehill Subdivision (H-2015-0005) by JUB Engineers, Inc. Located at 1393 & 1405 W. Victory Road 1. Request: Annexation and Zoning of 40.19 Acres of Land with an R-4 Zoning District 2. Request: Preliminary Plat Approval Consisting of 116 Building Lots and 7 Common Lots on 40.19 Acres of Land in an R-4 Zoning District De Weerd: Item 8-C is a public hearing for H-2015-005. I will open this public hearing on both requests, annexation and zoning and preliminary plat with staff comments. Bird: Madam Mayor? Watters: Thank you, Madam Mayor. De Weerd: Mr. Bird. Bird: I have got to -- Council, I'm going to recuse myself at the hearing at Planning and Zoning relatives of mine testified and I think it would just be best if I recused myself from this. I have been told more than I should be to be a judge on it. De Weerd: Okay. Well, thank you, Mr. Bird. Bird: Is that agreeable with the other Council? De Weerd: Okay. I will turn this over to staff. Watters: Thank you, Madam Mayor, Members of the Council. The next application -- Meridian City Council January 19, 2016 Page 27 of 52 De Weerd: I'm going to recuse myself, too, so I can go eat. Milam: Yeah. Me, too. De Weerd: Sorry. Watters: The next applications before you are a request for annexation, zoning, and preliminary plat. This site consists of approximately 40 acres of land, currently zoned RUT in Ada County and is located at the southeast corner of South Linder Road and West Victory Road at 1393 and 1405 West Victory Road. The Comprehensive Plan future land use map designation for this property is low density residential. The applicant is requesting annexation and zoning of 40 acres of land with an R-4 zoning district consistent with the low density residential future land use map designation for this site. The applicant plans to develop this site 116 new single family residential detached homes. A preliminary plat is proposed as shown that consists of 116 building lots and seven common area lots on approximately 40 acres of land and is proposed to develop in two phases as shown. The gross density for the development is 2.89 dwelling units per acre, with a net density of 4.54 dwelling per acre. The Williams Gas Pipeline crosses the southwest corner of the site -- you can see this little lot right here -- and lies within a 75 foot wide easement. The Sundial Lateral bisects this site from east to west and is located within a common lot and that is this lot right here you can see by my pointer. The applicant is requesting a waiver from City Council to allow the lateral to remain open and not be piped due to its large capacity. One access is proposed via West Victory Road and one access is proposed via South Linder Road. Both arterial streets. Stub st reets are proposed to adjacent properties to the east and west for future extension and interconnectivity. A 25 foot wide landscape street buffer is required along Victory and Linder Roads. Landscaping is also required within common areas and along pathways in accord with UDC standards. A minimum of ten percent qualified open space and two site amenities are required to be provided within the development. A short segment of the city's multi-use pathway system within the Williams Pipeline easement is proposed, along with a tot lot with play equipment. And the tot lot is proposed right here in the center of the development. The Commission recommends an internal pathway is provided along the north side of the Sundial Lateral from the east boundary of the site to the northwest corner of the site as shown on the revised site plan. Conceptual building elevations were submitted as shown and they depicted seven sample elevations for future home within the development. Building materials appear to consist of a mix of horizontal and vertical lap and shake siding with stone accents and asphalt shingles. Because homes on lots that back up to South Linder and West Victory Road will be highly visible, staff recommends the rear or sides of structures on these lots incorporate articulation changes in material, color, modulation and architectural elements, horizontal and vertical, to break up monotonous wall plains and roof lines. Six foot tall vinyl fencing is proposed a long the frontage of Victory and Linder Roads. Four foot tall vinyl fencing is proposed along pathways and common area. Open vision wrought iron fencing is proposed along the lateral and six foot tall cedar fence is proposed along the east and south boundaries. This parcel is not currently serviceable with domestic water. The development falls within Meridian City Council January 19, 2016 Page 28 of 52 pressure zone five, in which there is currently no supply in the subject property. Sanitary sewer currently exists in South Linder Road to the north near West Kodiak Drive in Fall Creek Subdivision. Development of this property is dependent on the extension of existing sanitary sewer mains and water services being available from the city's pressure zone five. The Commission recommended approval of this project with a development agreement per the conditions in Exhibit B of the staff report. Summary of the Commission public hearing. Folks that testified in favor were Kristi Watkins, the applicant's representative. In opposition was Linda Coffield, Susan Thompson, Ron Thompson, Ed Bird and Cindy Bird. Commenting were Paul Young, Terry Bennett, Kevin Petty, Chad Bullock, Dan Mortensen and Ron Paulson. Written testimony was received from Kristi Watkins, the applicant's representative, in agreement with the staff report. Steven Mortensen and Terry Bennett, Ed and Cindy Bird and Gordon Hamilton with Williams Pipeline. The key issues of concern with the public testimony was concern regarding how the development will impact groundwater and wells in the area, traffic generated from the proposed development and associated road and intersection roundabout improvements. Improvement. Location of the access on Victory in relation to the Thompson's property to the north and possible slideoffs into their property. Type of fencing proposed along the east boundary, preference of vinyl fencing to match existing fencing in the area and construction of a solid fence across the stub street here at the north end of the site. The preference of a lower density, fewer homes for this site. Key issues of discussion by the Commission. The Commission continued the project to the December 17th hearing in order to allow time for the traffic impact study to be revised and the Ada County Highway District time to review the revised study and issue a report. They have done so an d it should be in your -- in your records. The timing for the street intersection roundabout improvements and the timing for extension of city water and sewer services to the site. Commission changes to the staff recommendation. There is only one. At s taff's request delete condition number 1.1.2 that deals with revisions to the plat as the plat was revised in accord with the conditions prior to the Commission hearing. The only outstanding issue for the City Council is that the applicant's requesting a waiver to allow the Sundial Lateral to remain open where there are not street crossings due to its large capacity. No written testimony has been received since the Commission hearing. Staff will stand for any questions Council may have. De Weerd: Thank you, Sonya. Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Sonya, so is that -- the tot lot is -- is in phase two, not phase one? Watters: Madam Mayor, Councilman Milam, yes, phase two. You could certainly revise that boundary if you would like to see it constructed with phase one. De Weerd: Any other questions for staff at this point? Meridian City Council January 19, 2016 Page 29 of 52 Cavener: Not right now. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Wonders: Sure. Madam Mayor, Commissioners, Scott Wonders with JUB Engineers, 250 South Beachwood Avenue in Boise. 83709. De Weerd: Thank you. Wonders: Sonya did a great job. Kind of took away a lot of what I was going to talk about. But we are in agreement with all the conditions of approval, both with the city and ACHD. We made some modifications between the Planning and Zoning meeting and, obviously, tonight in regards to the Williams Pipeline. We added that all into one common lot. We are going to add that section of the regional trail through there and, again, obviously, Sonya brought up that we are requesting that waiver of the tiling of the lateral, so -- other than that I'm here to answer any questions you may have. De Weerd: Council, any questions for the applicant? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for you about -- about tiling the lateral and -- I can understand not wanting to -- to do the whole thing, but specifically that section where you are going to be doing the tot lot. Has there been any dialogue about tiling that piece? I just have got some concerns about -- we are putting water by kids and -- not only by kids, but in a spot that we are inviting them to come play. Wonders: We are proposing four foot fencing between that area and the lateral, so there wouldn't be a direct access from the tot lot to the lateral. Cavener: Is there -- Madam Mayor, clarification. That's like a wrought iron fence, though; correct? Wonders: That's correct. Yes. Milam: Four foot? De Weerd: It's our ordinance. Cavener: Sure. I guess you have answered my questions. Thank you. De Weerd: Okay. Any other questions at this point? Meridian City Council January 19, 2016 Page 30 of 52 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, how would you feel about moving that boundary to include the tot lot in phase one, so -- you can be sure some children will be living in the houses in phase one and -- for a place to play. Wonders: I think we would be amenable to that. We would just have to work with staff and ACHD. The reason why it was done that way is with the way the intersection is near that -- I guess -- I don't know if I can -- if I can get this to work. Well, near the -- I guess it would be the west -- southwest corner of the park near that intersection, if we do the park ACHD may require that street extension, which would require a turnaround -- a temporary turnaround -- temporary turnaround. We would like to just maintain that intersection the way it is, but we could still develop a portion of that park to put the tot lot in. So, long story short, yes, we would be amenable to that, as long as we can work with staff on it. Milam: Thank you. De Weerd: Okay. Any other questions from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Scott, with regards to the -- to the lateral, the condition 1.13C speaks to whether or not a waiver would be granted and if it's not granted that the waterway would be fenced with an open vision fence along the entire way, how does that work with the backyards that also back up to it? Wonders: So, correct me if I'm wrong, Sonya, but on the -- the ones -- the lots that back up to that would have a six foot high fence. Where it abuts common area, like where the park is at, the central park, that would be a four foot high wrought iron fence. Borton: Can you point your arrow to where you're -- the top area? Watters: Yes. Borton: Okay. Wonders: Yeah. De Weerd: I think basically if you tile it and you put six foot fences, you're creating a really dark corridor. Just my opinion. But those -- those are areas that kids love to go at dark. Meridian City Council January 19, 2016 Page 31 of 52 Watters: And, Madam Mayor, if I may, if Council chooses to approve the request for a waiver, our code does allow for a six foot tall wrought iron fence. De Weerd: See through. Watters: Yes. De Weerd: Yea. Milam: At least on that section. De Weerd: Okay. Any further questions for the applicant at this time? Okay. Wonders: Thank you. De Weerd: Thanks. This is a public hearing. We had no one signed up, but is there anyone who would like to provide testimony? Please. Good evening. If you will, please, state your name and address for the record. Petty: I'm Norma Petty. I live at 1155 West Victory Road. I'm adjacent to this proposed subdivision. De Weerd: Thank you, Norma. Petty: I have a couple of concerns here. My property is five acres. That means it is going to be surrounded on three sides by Meridian city. I'm Ada County. And at this point in time I really want, of course, to protect my personal property rights, but also the safety and the concerns of the community. I have not been given a plat by anybody as to how the stubs come into my property or where they are designated to be. You know, it's five acres. Eventually I have the potential of developing a little bit. Don't know that I will, but I have that potential. As far as the fence is concerned, they are proposing a wooden fence. My husband was under the understanding that they were going to change that and put a vinyl fence -- a six foot solid vinyl fence. When phase three of Kentucky Ridge Subdivision went in next to us we really needed that fence to protect people -- from people trespassing on our property and specifically it was large construction equipment that we had a lot of problems with, notwithstanding, of course, anything that would protect us from construction debris that may come that way. So, I would definitely like to see , if you guys approve this, that there is a vinyl fence, that it is -- because the other two sites are already a vinyl fence. Another concern of mine is in our previous conversations with ACHD it has always been indicated that the next access onto Victory Road would be at a cross intersection, not at a T intersection and their proposed access onto Victory Road would be a T intersection. So, that makes kind of an interesting traffic pattern, especially given how busy Victory Road is starting to be. Sorry, I have to -- the other concern is have you have 15 building lots right around the corner from us on Stoddard is the new middle school that's going in. So, while they would have to put side walk down along Victory Road for any children that are walking to the school, I have 300 feet of road frontage that would not Meridian City Council January 19, 2016 Page 32 of 52 have a sidewalk on it at all until they got in front of Kentucky Ridge Subdivision. So, I think that's also a safety concern for the children in the area. So, those are kind of my major problems here with this. De Weerd: Thank you, Norma. I guess I don't want to put you on the spot, but if the developer would be willing to put in a sidewalk across the front of your property would you be amenable to that? Petty: It is something that I would definitely consider. I don't deny that, but at the same token I also want to make sure that my property rights and my value don't go down. So, it would have to be a conversation of how I would be compensated for that. De Weerd: Okay. Thank you. Petty: Uh-huh. De Weerd: Council, any questions? Thank you. Petty: Thank you. De Weerd: Additional testimony? Yes, sir. Good evening. If you will, please, state your name and address for the record. Young: Yes. Paul Young. I live at 2950 Model Farm Drive. De Weerd: Thank you, Paul. Young: And my basic question is the canal is -- I'm, basically, the water manager for 30 acres -- or 30 individuals across the street on Model Farm Acres and the canal comes right through that subdivision and all the headgates are right on that subdivision and, then, there is going to be a roundabout and I'm wondering how they are going to work the roundabout and headgates and everything else to get water across the street to our subdivision and my understanding the roundabout if -- well, they didn't know if they were going to put it in or not the last time we talked, but they were going to check it. But looking at a roundabout, it's going to have to take out all those headgates that's already in there and so I'm wondering where their headgates are going to be moved to or how they are going to do that, so we can get our -- our 30 people serviced during the summer. De Weerd: That is a great question and we do have a requirement that they have a to and through with the water delivery. They can't impede on that. The water delivery needs to be assured and, I don't know, Kyle, if you want to provide any information on that? Radek: Madam Mayor, I think my best answer is I don't know, but, Madam Mayor is correct and it's also -- I believe it's in state code section 42 that -- that a guy has got to -- you know, he does alterations on his property -- he's got to insure that water delivery Meridian City Council January 19, 2016 Page 33 of 52 continues the way it has. So, I don't know the answer now, but that's something the developer will have to address and make sure that the downstream properties are whole. Young: Well, the last time I checked Nampa-Meridian Irrigation District wasn't aware of any of this and they are the people that turn our water on and off for our subdivision, so Nampa-Meridian should be involved in that. De Weerd: You're correct that Nampa-Meridian Irrigation District would need to be involved on it and it needs to be a signature on the plat. Do we have any correspondence from Nampa-Meridian Irrigation District? I thought we did, but -- and they didn't make any comment. And maybe that comment comes later into the development stage, but I don't know. I will wait for staff to pull that up and -- Watters: Madam Mayor, MMID submitted a letter stating they have no comment on this application, as it lies outside of their district boundaries. It l ooks like the Boise Project Board of Control is who governs that. Let me see if we have a letter from them. We do. So, it is within their boundary and they are contracted to operate and maintain this lateral. Let's see here. This says the easements are for the operation and maintenance of their facility and should hinder our ability to do so. They do not approve landscaping within their easements and that's about it. De Weerd: So, I guess the irrigation authority has knowledge of it and they would have to adhere to state code that they can't impede the delivery of water. So, water should continue to flow to your properties and they can't restrict that. Young: Now, if that subdivision -- does anybody know if that subdivision is going to get water out of that canal or not? Because last year we was in probably about the first part of July before we got a full head of water to our headgates, because of the canal and stuff there and if anybody above our headgates takes water out we won't get any at all. We are at, basically, the end of the ditch. De Weerd: Oh. I see. Young: And -- De Weerd: I'm sorry. We will ask the applicant if he can answer that question. It's a good question. Young: Well, that's the thing. I mean there is 30 different people that start to worry about their water. Like you say, what's going on. So, that -- De Weerd: Water is important; right? Young: Yes. De Weerd: Thank you. Meridian City Council January 19, 2016 Page 34 of 52 Young: All right. Thank you. De Weerd: We appreciate you being here. Any further testimony? Yes, sir. Good evening. If you will, please, share your name and address for the record. K.Petty: My name is Kevin Petty. I live at 1155 West Victory and that was my wife earlier. De Weerd: Thank you. K.Petty: The one thing I would like to know is when I visited with Ada County Highway District before they told me that 600 feet was what was required from the intersection in order to put in another intersection, if this is allowed to approach where they are planning it on Victory Road, it's on -- there would be three roads within 900 feet that come onto Victory Road. I'm always using my tractor. I got combines -- I mean I got a swather and stuff like that. I can barely get on the road now. So, people is coming from every direction. That's not going to work. It's just going to be out of control. It just is. We have been living there for 25 years. So, I don't really know where to go on that, but is it possible that they could just give a special variance and just move a road in there when that -- and that constitutes three roads within 900 feet? And coming from opposite sides of the road, instead of have a T intersection as was requested? I was told over ten years ago from Ada County Highway District that they was trying to put my property in with a big development. The developers come in and, then, they buy everything around you, but they don't want to pay for my big house I have there and, then, you guys allow them to put in a little access road for fire protection on the Kentucky Road side -- on the Kentucky Ridge side and they put bollards with chains, which do nothing. People still drive in and out of there all the time and it's supposed to be closed. So, that doesn't work. And I just know whether that's possible that they can just come in there and put a road in there when that's not supposed to be there anyway where they are trying to come out at where they are trying to come out at. That ju st doesn't seem right. And three roads within 900 feet -- that road is going to get busier all the time. It's not going to slow down. Like the guy from the Ada County District said and like you said, it's the main artery. I mean Victory Road is getting more busy every day. I stop to get my mail, I can't hardly cross the road to get my mail out of the mail box, it's just like this and I used to didn't have to look, but now I better or I will be squished like a bug out there. De Weerd: Well, we hope not. K.Petty: Me, too. Thank you. Well, I have pretty much covered it, so thank you. De Weerd: Well, we will ask Ada County Highway District if he can answer some of those questions, because I'm afraid I can't. K.Petty: Okay. Uh-huh. De Weerd: Sonya, do you have any response from ACHD? Correspondence? Meridian City Council January 19, 2016 Page 35 of 52 Watters: Madam Mayor, I do. In reference to the minimum 660 foot offset between local streets, they said that it did not meet their policy. However, that they recommended a modification of policy to approve the proposed location of High Grade Avenue and that is this one right here on Linder -- or, excuse me, Victory. So, ACHD is -- is fine with the proposed layout. De Weerd: Council, if you also want to hear from Justin, we can certainly call him up on that item. Thank you, Mr. Petty, for being here. K.Petty: Thank you. De Weerd: We appreciate it. Any further testimony? Okay. Justin, is there any additional comments that you want to provide on that -- the question that we received? Lucas: Thank you, Madam Mayor, Members of the Council. Once again Justin Lucas representing Ada County Highway District. Business address is 3775 Adams Street, Garden City, Idaho. I would just draw your attention to the report -- the official record submitted to the City of Meridian from ACHD. It has information on the current condition of the area roadways. Victory Road is a minor arterial. The long-term plan for that roadway is a three lane roadway, not a five lane roadway, and currently the p.m. peak hour traffic counts for that afternoon rush hour is 307 vehicles going through there. So, that's just -- that was just the discussion of the traffic on the roadway. This development is expected to generate more trips, but still the traffic counts for quite a while out there is expected to be well below urban standards. Speaking to the location of the -- the access road -- and that is mentioned in the report, section five, roadway offsets, section D, staff comments and recommendations. Sonya is correct that typically the T intersection that has been discussed is the -- the better solution. In this instance, though, ACHD is -- is preserving for the possibility for a roundabout at the Linder and Victory -- or yeah. The Linder and Victory intersection. There is lots of reasons why the district has moved towards roundabouts as a -- a form of traffic control at intersections. The primary reason is safety. The accidents at roundabouts are less severe than the accidents at regular intersections. That's just a -- that is a fact that's based on a lot of research and evidence. Because of that in this specific instance that is what is called for in the policy modification. The roundabout influence area, the intersection influence area is larger becau se of the way people enter and exit a roundabout than a standard intersection and so the thought here was to push that access point as far away from the roundabout -- future roundabout as possible. Just to be very clear, roundabouts are being preserved for and are the preferred alternative, but the final decision on how that intersection will be designed and built is not until the intersection is designed and built, which could be years and years away. So, we -- we preserve for roundabouts, because if we do not -- if you preserve for a standard intersection and try to build a roundabout after the fact, good luck, you probably won't be able to, because there is typically buildings and other things that stop you from doing that. So, this is a change in policy from ACHD that we have tried very hard to over the years implement because of the safety benefits that come from Meridian City Council January 19, 2016 Page 36 of 52 roundabouts. So, I think that maybe answered a couple of the questions that come up. I can -- it hasn't been too convoluted. I can be more direct if needed. De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just one question, Justin. I realize I'm putting you on the spot. Do you know the distance between this proposed intersection and what appears to be South Cobble Way or Model Farm Drive? Lucas: Yeah. In looking at -- the applicant's proposing to construct a local street, which is High Grade, intersecting Victory Road approximately 1,250 feet east of Linder and it looks like 490 feet east of Model Farm Drive. So, approximately 500 feet from the -- the other intersection. The -- the applicant is proposing to construct a local street that's on -- on Victory Road there also. So, the distances are called out in the ACHD staff report. Does that answer your question? About 500 feet. Cavener: Yes. Great. Thank you. Lucas: Yeah. De Weerd: Okay. Anything further from Council? Thank you. Lucas: Thank you. De Weerd: Appreciate it. Any further testimony? Would the applicant like to come forward and respond? Wonders: Scott Wonders for the record. De Weerd: Thank you. Wonders: Kind of to tack onto what he just said, we did have a lot of discussion about this entrance road with ACHD. Unfortunately, if we move it over to the west to align with the Model Farm Road it's too close to the Linder and Victory intersection and so this was kind of where -- where we were directed to go to. So, just to answer some of the questions that came up from some of the speakers. On the vinyl fence we are acceptable with doing a vinyl fence on the -- on the perimeters. That's not an issue. And we discussed the entrance location and, then, the stub street that's to the east, we moved that per the -- the request of the property owner at our h omeowners -- at the neighborhood meeting that we had. We had it further south. They requested as you move north to match the development that was to the east of them, which is what we did. So, again, we are willing to work with them on any of the issues that they have in regards to pedestrian safety and Meridian City Council January 19, 2016 Page 37 of 52 that sort of thing. The ACHD roundabout, we brought that up -- or I brought that up at the neighborhood meeting. There was a point of confusion because they thought it was being installed with this development. We are really just preserving the right of way for the roundabout and, really, the intersection, based on the ACHD recommendations and the conditions of approval, we are not changing anything that's out there that exists today. So, in regards to the irrigation boxes and the headgates that are just to the south and east of that intersection, with the improvements that we do at the subdivision, it's not going to impact those whatsoever. So, those will stay as is and they will be able to access it just like they have in the past. At what point in the future ACHD decides to construction that as a roundabout, if they do, then, that would have to be addressed at that time. I think, yes, we do get water from that lateral as well as anyone else -- as it sounds like those to the -- to the west and, then, again, ACHD, appreciate them coming up and discussing those issues to kind of clarify that. I did have one point of clarification for those that brought up the fencing along the lateral. We are proposing six foot wrought iron that backs up to the lateral, four foot wrought iron that -- for the park area that backs up to the lateral. So, I hope that clarifies that questions that you had earlier. So, it won't be solid fencing along the lateral, it will be wrought iron on both sides and it just -- it will be six foot for the rear yards and four foot for common area. And if I have confused anyone I can answer anymore questions. De Weerd: I just had a couple. The development on the corner and having a vacant parcel in between provides a safety issue in terms of getting students to school and/or to bus stops. Have you had any conversations with the property owner to the east and/or would you be willing to provide an off site improvement to make sure you're not creating an attractive nuisance by putting kids on rural roads where there is very little shoulder that they need to get to school? Wonders: Absolutely. We would be willing to work with the adjacent property owner to some kind of resolution on that. De Weerd: Okay. And I think Mr. Young had mentioned that the water delivery is -- they are -- they are located at the end and water has -- I'm summarizing and maybe supposing some of the things he said, but are you assured that you will be able to deliver water to your residents as they need and not impede anyone downstream? Wonders: I am not aware of any shortages of water. I met with Boise Project briefly when we were going over this project just to see if there was any outstanding issues that we should be aware of. They didn't bring up any. They gave me our headgate information and the water shares that we have, which are acceptable or appropriate for doing pressurized irrigation for the subdivision. So, would be the first time I have ever heard of any kind of shortage and we will be working with Boise project as we go further into the development of the construction drawings to work on a pressurized irrigation system. De Weerd: I guess just like I mentioned in the other application with Joe Canning, perhaps you and the -- the neighbor can have a conversation and maybe exchange phone Meridian City Council January 19, 2016 Page 38 of 52 numbers to keep any downstream property owners in the loop as to what this might mean to their water delivery. Wonders: Absolutely. We can do that. No problem. De Weerd: Okay. Council, any questions for the applicant? Okay. Wonders: Thank you. De Weerd: Thank you. Okay. Council, if there is nothing further -- no further information needed from the applicant, staff, or any of those that provided testimony, I would entertain a motion to close the public hearing. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on Item 8-C, H-2015-0005. De Weerd: Okay. I have a motion to close the public hearing -- Cavener: Second. De Weerd: -- and a second. All those in favor say aye. All ayes. That was painful. Okay. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move that we approve file number H-2015-0005, with the exception of having to tile the lateral and keeping the phasing as presented. Is that an appropriate motion? De Weerd: That is a motion that if you get a second it would appropriate. Little Roberts: Second. De Weerd: I have a second. Mr. Palmer, if this is to capture some of the testimony that the application did agree to put vinyl fencing in, if -- if you would include that your motion and also consider putting the off-site improvement of the sidewalk in coordination with the adjoining property owner to connect to Kentucky Ridge -- I think those were some of the topics of discussion. Meridian City Council January 19, 2016 Page 39 of 52 Palmer: If I can ask a question I guess on how that works. So, if it's a conversation that they, then, have outside of it, I mean if we include it, then, go duke it out or are we requiring it of them to do if it's included in the motion? De Weerd: If you include it in the motion it would be a requirement that needed to be worked out between the applicant and the adjoining property owner and the development of the subdivision would be dependent on that occurring. Palmer: The conversation or the working it out take place? De Weerd: The working it out. Palmer: Okay. Then do I need to restate it or can I just say, yes, let's do that. De Weerd: You can amend your -- your motion to include both the vinyl fencing requirement and the requirement to have a sidewalk connection before -- between this development and Kentucky Ridge. Palmer: That was a lot of words. I didn't get them all. I'm sorry. I'm new at this. De Weerd: But that is -- that is your intention -- Palmer: That's my intention. De Weerd: -- to include. Okay. That -- and does second agree? Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'd like to discuss -- because I will have to vote no the way that that was presented. I would like to see the tot lot in phase one, if he's amenable to that, and the kids will need a place to play and I also would like the wrought iron fence to be s ix foot along the tot lot. So, all the way across, as opposed to six foot to four foot after six foot. So, those two things are important to me. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: The reason I left that out was -- I understand a lot of work goes into preparing these and there was probably a lot more conversations that took place as to where exactly to put that line that we weren't at and so I left it out to just go ahead and trust them and not make anymore work for them when -- I mean it's a construction project, it's going to not all be done at once. I understand the people that moved there may look forward to having a Meridian City Council January 19, 2016 Page 40 of 52 tot lot and extra park, but I'm sure there is reason ing in which they presented it to us the way that they did and I wanted to trust them on it. De Weerd: I believe that the applicant mentioned that he was willing to move the line if he could work out the details with the Ada County Highway District, so they wouldn't need to put a turnaround on whatever that road is. Palmer: And it sounded like more work than necessary, so I choose to leave it the way it is. De Weerd: Okay. Any other discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Excuse me. I agree with Councilman Palmer's concern with regards to whether it's in phase one or phase two and in deference to the applicant. The concern that I have more is with the plat itself and the -- the lateral and tiling it versus not tiling it. The safety concern and perhaps the loss of an amenity within a project like this as -- he spoke of 1.1.3 giving different options of ways it could be addressed if it's not tiled and I understand it's a large lateral and that's a challenge. So, I think there is a missed opportunity in addressing this as a water amenity with a pathway and perhaps a different design that can utilize it better than what it may become is truly a hazard, even with the wrought iron open vision fencing. I think that's a concern for me and a missed opportunity. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I certainly wouldn't be offended if it was everybody but me that voted no on this. And, in fact, it might give me a story for my grandchildren, so whatever you choose to do I won't hold it against you as my first motion. De Weerd: You won't hold it against them. That's true. It is. There is also an opportunity to continue this and ask the applicant to bring back -- if the -- the ditch and the amenity that it offers the development and potentially the community is an item, you can always reopen the public hearing and continue this, so you do have options. But if there is no further discussion, we do have a motion on the table. Is there further questions or comments? Okay. Madam Clerk. Roll Call: Bird, absent; Borton, nay; Milam, nay; Cavener, nay; Palmer, yea; Little Roberts, yea. De Weerd: Okay. Motion fails three to two. Meridian City Council January 19, 2016 Page 41 of 52 MOTION FAILED: TWO AYES. THERE NAYS. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If it's necessary to reopen it to continue it, which I think it is, to at the very least get the applicant's response and interest to revisit some of these points that have been raised with regards to the lateral and maybe some others, there is only one way to find out. So, I would move that we reopen Item 8-C, AZ -- or, excuse me, H-2015-0005. Milam: Second. De Weerd: I have a motion and a second. Do you want it specific to just that item or open it to all -- Borton: I think at this point, Madam Mayor, open it to all -- De Weerd: Okay. Borton: -- to provide some clarity. De Weerd: Okay. There is a motion and a second to open up this public hearing on Item 8-C. All those in favor say aye. Any opposed? Okay. Wasn't sure if I heard all ayes or not. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: I guess to the applicant, there has been a desire to continue to keep this public hearing open to consider potential items for the irrigation ditch and so we would ask for any of your comments at this time. Borton: And, Madam Mayor, as the applicant is walking up, it may be noted elsewhere, but it's the 1.1.3C that speaks to if the lateral is to remain open, then, there is one of two ways to address it. One is the open vision fencing. Alternatively it is to improve upon it as a water amenity as the UDC defines it. I know the parks commission has spoken of a pathway potential there and it seems like both of t hose warranted some exploration. De Weerd: Okay. Mr. Wonders. Wonders: Scott Wonders again for the record. Okay. Let me see. So, we were taking about the tot lot. One suggestion is we could -- we have another large open space near the entrance to Victory that we could locate it. It wouldn't be centrally located, but we could also include it in that park area. We are amenable to doing the open space near the center, even though our phasing plan didn't depict it. Obviously I stated the reasons why we -- we did the phasing the way we did. We are willing to work with staff in -- you know, Meridian City Council January 19, 2016 Page 42 of 52 in doing a portion of that common lot with phase one to install the tot lot. Secondly, we would be amenable to doing just six foot high wrought iron across the whole thing on both sides, not just to four feet in the common area. I was trying to find, before I came up here, but I can't find in the staff report where I believe the waiver that we were requesting was approved to the subdivision -- it was either to the east or the west. I believe it was to the east -- just immediately to the east and we would, again, respectfully request that waiver to leave it open, but we feel with adding that wrought iron fencing along that common area to a six foot height, we are amenable again to either locating the tot lot to the common area near the entrance to phase one off of Victory or, again, working with staff and ACHD to do the common area near the center of the development to put that tot lot in. De Weerd: I think the question from Council was would you consider creating an amenity along that irrigation facility that would accommodate a pathway. Wonders: Yes, we would be amenable to that. De Weerd: Okay. Mr. Borton. Borton: Yeah, Madam Mayor. Scott, I appreciate the -- the consideration for that, but you made a comment that I might have missed. Is the project to the east -- or property to the east, would any pathway stub there? Do we miss an opportunity to have some continuity? Watters: Madam Mayor, Members of the Council. Scott is correct, the waterway to the east was allowed to remain open. There is a pathway through their common area. I think that there is a -- there is a pathway, though, that stubs -- if you can see right here -- actually, I know that there is. That's -- that's where the pathway would connect. Comes out of their cul-de-sac there and stubs to the east boundary of the site. Borton: Madam Mayor? De Weerd: Yes. Borton: Does stub to the northern portion of the lateral on this site? Watters: Yes. Yes, it does. Right here, this is the common area where it comes out at. Right here. Borton: Okay. Okay. De Weerd: Okay. Any further questions for Scott? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council January 19, 2016 Page 43 of 52 Borton: Those considerations, if this project is continued, is it a matter of a week or two or is 30 days more appropriate for tying up the loose ends? Wonders: We have no issue with -- with any continuance for a couple weeks or a month. This is a long-term project. We are not really looking at getting started this year. Obviously, water is not available, sewer is quite a ways away, so it's not something that we are looking to get started on tomorrow. So, there is some things that we need to get clarified and we are acceptable to that. Borton: Okay. Thank you. De Weerd: If you wanted to continue it to a month out, that would be February 23rd -- or February 30th is the -- Cavener: No 30th in February. De Weerd: Oh. Well, how come this calendar has a 30th on it? Because I am making it up. That's an interesting one. Borton: And, Madam Mayor, to Councilman Palmer's question, that provides time to address some of the adjoining neighbor issues and negotiations and discussion that may need to occur. That will hopefully provide time for that. De Weerd: Thank you. So, what are you suggesting? Do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we continue H-2015-0005 to February 23rd, 2016. Palmer: Second. De Weerd: I have a motion and a second to continue this public hearing to February 23rd. Specifically to address the irrigation facility, but just using executive privilege, if the applicant can also have conversation with the property owner to the east regarding the sidewalk as well. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing for UDC Text Amendment 2015 & Meridian Design Manual Revamp (H-2015-0011) by City of Meridian Planning Division 1. Request: Text Amendment to the Unified Development Code (UDC) as follows: Meridian City Council January 19, 2016 Page 44 of 52 a. UDC Sections: Definitions; Residential Dimensional Standards; Fencing; Structure and Site and Multi-Family Design Standards; Common Open Space and Site Amenity Requirements; Specific Use Standards for Drinking Establishments, Flex Space and Home Occupations; Timelines for Signatures on Development Agreements; Subdivision Design and Improvement Standards and Other Miscellaneous Sections b. Reformat of the Meridian Design Manual Including Reducing Duplicate Guidelines; Removing Site Design and Transportation Related Guidelines; Emphasize Architectural Elements and Change the Name of the Design Manual to the City of Meridian Architectural Standards Manual De Weerd: Okay. Thank you. Item 8-D was -- oh, can someone get Keith and ask him to come in. Item 8-D was requested to continue to January 26th. I will open the public hearing on H-2015-0011 and ask for a motion from Council to continue this to January 26th. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we continue H-2015-0011 to January 26th. Bird: Second. De Weerd: I have a motion and a second to continue the public hearing on Item 8-D to January 26th. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Police Department: Budget amendment for Spending Authority for the Police Mobilization Grant, in the Amount of $39,000.00 De Weerd: Okay. Item 9-A is under our Police Department. Turn this over to Chief Lavey. Lavey: Madam Mayor, Council, thank you once again, for the opportunity to speak. The topic I wanted to talk about today is the volunteer coordinator position for the Meridian Police Department and first I would like to give Council a little bit of history on that position. Prior administration -- prior chiefs' administration -- Meridian City Council January 19, 2016 Page 45 of 52 De Weerd: Mr. -- Lavey: Yes. De Weerd: Mr. Chief? Lavey: Yes. De Weerd: We are on A, which is your budget amendment. Lavey: Oh, sorry. I was already going ahead. De Weerd: That's all right. We would have done that -- Lavey: I just wanted it to be toward the end. Madam Mayor, Council, my apologies and if I would follow the agenda I would realize that we are hear to talk about a budget amendment. The good thing on this budget amendment is that it will cost us nothing. I'm not requesting any -- any monies today. I am requesting spending authority today. This is an Office of Highway Safety grant. I come in front of you probably several times a year and this particular grant is for 39,000 dollars and it is a common grant that we have participated in in the past and this would allow us the opportunity purchase equipment after we do seatbelt enforcement and aggressive driving enforce ment, like we have done in the past. So, with that I am requesting spending authority for not to exceed amount of 39,0000 dollars. De Weerd: Thank you, chief. Council, any questions? Bird: I have none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Seeing none, I move that we approve the budget amendment for spending authority for the police mobilization grant in the amount of 39,000 dollars. Bird: Second. De Weerd: I have a motion and a second to approve the request under 9-A. All those -- oh, I'm sorry. Any discussion? Lavey: You're trying to jump ahead, too. De Weerd: Madam Clerk. Meridian City Council January 19, 2016 Page 46 of 52 Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Police Department: Discussion on Moving the Volunteer Coordinator Position from the Police Budget to the Parks Department C. Parks and Recreation Department: FY2016 Budget Amendment Regarding Volunteer Coordinator Transfer for a Not-to-Exceed Amount of $9,500.00 Lavey: Thank you, Madam Mayor. Are we ready for the next item? De Weerd: Now you can do the next item. Lavey: Madam Mayor, Council, the item in front of you today is a request to move the volunteer coordinator position from the Police Department into another department within the city. Please allow me to give a little bit of history before I ask for that request. A previous administration -- I don't recall, but it's at least eight years ago had requested from Council a part-time volunteer coordinator position for the Meridian Police Department. At that time we were managing about 90 volunteers for the animal shelter and approximately 25 additional volunteers under our citizens and police academy and various other volunteers that came in front of us. Four years ago I had the opportunity to participate on the Mayor's transition committee for communication. During that time we made a proposal to use citizen volunteers to staff the kiosk at the City Hall. Sometime after that we also had proposed for park ambassador volunteers -- citizen volunteers working in partnership with the Police Department and the Parks Department in our parks and that was really established after Kleiner Park came online. That was such a beautiful park that we wanted to see it remain beautiful for as long as we possibly could and so we had citizen volunteers kind of being our -- our eyes and ears out in the parks. Through time we had realized that using those volunteers for two separate departments that our volunteers were getting mixed messages. What we wanted them to do in the police was different than what the parks wanted to do and it created some conflicts with some of our volunteers. We were able to overcome them by training our volunteers to act as our eyes and ears and call 911 or call the Police Department if -- if something came up. But really turn over the logistical authority to the Parks Department. So, in essence, they were -- they were park volunteers, not police volunteers and, in turn, it also got us a different type -- higher quality volunteer from our departments and they act more like -- I call them Walmart greeters instead of cops in the park. I think Mike Barton might be able to elaborate on that further in his presentation if you have further questions. Since that time we had contracted with the Idaho Humane Society for our animal shelter duties. Therefore, we do not have the number of volunteers that we have had in the past. I have Meridian City Council January 19, 2016 Page 47 of 52 six volunteers for the Police Department. They are dedicated -- I call them full-time volunteers, but they are permanent part-time volunteers. They have a regular schedule. They show up every week. They don't put in 40 hours, but they do work for us every week. And, then, occasionally we will have some public safety volunteers for some of our functions. I cannot justify a full-time position for just the Police Department and so I have to look at where is this person also being utilized in the city. They are utilized for about 45 volunteers for the Parks Department currently for just the -- the park ambassador program that I speak of. They are used about -- there is 25 of them that are in the kiosk at City Hall. There is approximately 12 that volunteer in the Mayor's office during the lunch hour and various other volunteers amongst the city. So, it became apparent to us that many, many departments in the city are -- are utilizing this position. The problem that we ran into is that my employee is getting direction from us and, then, she's getting direction from Parks and, then, she's getting direction from other departments and it's creating some confusion and so after a lengthy -- lengthy discussion about where that position might be appropriate, the greater need is at City Hall, not at the Police Department, and so I would request that we consider moving that position out of our budget and transferring that position to the Parks Department. Why did we come up with the Parks Department? Well, we actually came up with other government, but the Park -- or, excuse me, Finance had requested that for transparency purposes we find where the greatest need is in -- in the city and establish that position there, because other government is, in essence, a miscellaneous and not a specific department. The greatest need is the Parks Department currently and with discussion with the Parks Department director and the Parks Department supervisors, there is an even greater need into the future. So, we believe it is appropriate for that -- that position to remain there. I guess that -- that covers all that I have. If I misspoke in anything I would ask Mr. Barton to come forward and, then, the Mayor also has been involved in part of these discussions. So, Madam Mayor, if I have left out anything that you think is appropriate, please, include that as well. And for that I stand for any questions. De Weerd: I appreciate, chief, the historical overview for certainly the entire Council up here. It's also important to note as the chief mentioned the great number of volunteers we had when we were going the animal control. The transition when animal control switched over to the Idaho Humane Society, that was when the park ambassador program in Kleiner Park was starting to come on and the natural transition of the volunteer and the coordination thereof was to focus primarily and initially on Kleiner Park and keeping that amenity safe and an amenity that we could all be proud of, because they were starting to almost -- not instantaneously get some issues out there, but we wanted to be proactive and have eyes and ears out in the park as it was opening, so we established an expectation to the park users in maintaining the quality of that park consistent to what we promised Mr. Kleiner as he -- as he gifted that park to us. So, it was -- it was a seamless transition. I will say that Barb Hatch has done a tremendous job in that transition and I can tell you personally I have watched her, that any person or citizen she comes in contact with she generally recruits them as a volunteer. So, any questions from Council on this item? Cavener: Madam Mayor? Meridian City Council January 19, 2016 Page 48 of 52 De Weerd: Mr. Cavener. Cavener: One brief question. I will echo your sentiments about Barb and, really about our volunteers as a whole are really incredible. She -- or, Madam Mayor, maybe you can provide some clarification. Chief, you touched on that one of the -- the challenging parts of that -- this position was being pulled in multiple different directions and I'm just curious how that is solved by being located in the Parks Department. De Weerd: I think it's being solved by primarily being houses in the parks department, because that's where the lion's share of the volunteers are needed and being in City Hall, close to the front desk, volunteer coordination, the expected training they have for the park ambassadors and that -- the growing needs for that program in having eyes and ears in our parks to address vandalism or answer questions -- be the ambassadors in many senses of the word, is -- is primarily where those duties lie. So, the transition was house the coordinator where the largest demand resides. Cavener: Okay. Lavey: Council, Councilman Cavener, I also have two other points. One is you may have noticed that we are a paramilitary organization and we have a different thought process than most people and that is kind of typical for some people to adapt to in chain of command and such and it gets really, really difficult when trying to supervise someone that is never in your department, they are always somewhere else and so the greatest need is at City Hall and that's why we are going to allow that person to come to City Hall, instead of her bosses being over at the Police Department saying do this, no, do this, no, do this. And so that's who we believe it's going to be relieved. Really is relocation. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Chief, I see you're wanting to move the coordinator out of police budget to the Parks Department and we got a 9,500 volunteer coordinator transfer budget amendment. Are we taking 9,500 out of the police to put it into parks? Lavey: Madam Mayor, Councilman Bird, that's -- that's a separate issue. That -- what I have agreed to do is transfer the entire budget that I have for my position to the Parks Department and Finance would do that. I can't tell you what that figure is, but it would be salary, it would be overtime, it would be miscellaneous other things that go with it, including the computer and the telephone. What you're going to see on the next item is a budget amendment that would purchase a cubicle and I also believe that power is needed to that position at City Hall. So, without stealing Mr. Barton's thunder, I may as well just have him come up here and we talk about that as well. I promised the parks director I would present it, but he's here and so come on up and he can tell you what that would include. But if we want to do both items at the same, we can do that. Meridian City Council January 19, 2016 Page 49 of 52 De Weerd: I think it's appropriate. Thank you, Mike. Lavey: So, we are just -- we are also bringing in as discussion, then, what, Item No. C? De Weerd: Yes. Barton: Thanks, chief. Madam Mayor, Council. Thank you. I think the chief covered it pretty well. What I would like to point out is that in addition to the parks ambassador program that was currently with the Police, Department and now has kind of transitioned over to Park and the City Hall kiosk, last year just in Park and Rec alone we had over 2,000 volunteer hours that -- I mean if you had to place a value on those citizen volunteer hours were -- you know, you're right at about 20 dollars an hour of work that's -- it's done in Park either spreading bark or clean up or painting and just countless number of projects. So, you know, with having this position in Parks and Rec we -- we think that it's going to not only work out better for the ambassador program, but also we can expand on other volunteer opportunities. You know, when people call up and they want to volunteer and they want to do work in Parks, the last thing we want to do is turn them away or, you know, be maybe slower than we should be responding to their -- the their ask and we get a lot of requests and we just want to be responsive to that, take advantage of the opportunity the best we can and this is -- I mean we are really excited to -- to have Barb Hatch move over to the department. And part of that is we want to give her kind of a property place to land and a workstation and, you know, a place to meet with volunteers. So, the budget amendment in front of you for your consideration is for 9,500 dollars and that would purchase a cubicle, the desk, the walls, the power and the lighting above. So, I guess with that I will stand for questions. De Weerd: Council, any questions for either Mike or Chief? Bird: They have answered mine. De Weerd: Thank you, Mike. Barton: Thank you. De Weerd: I guess in making a motion to approve Item 9-C you, essentially, are giving the nod for the FTE transfer from Police to Parks as well. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we approve the budget amendment for 9,500 dollars -- for a not exceed amount of 9,500 dollars to get the cubicle built for the volunteer coordinator and include the budget transfer from the Police Department to the Parks Department. Meridian City Council January 19, 2016 Page 50 of 52 Milam: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Lit tle Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Ordinances A. Ordinance No. 16-1669: Nesting Swan (AZ 14-016). An Ordinance for the Annexation and Re-Zoning For a Parcel of Land being Lots 1 and 3 of Martinel Subdivision, as Recorded in Book 66, Page 6764, Official Records of Ada County, Idaho including an Unplatted Portion of the Southwest One Quarter of the Southwest One Quarter of Section 28, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This Parcel Contains 27.75 Acres more or less. De Weerd: Item 10-A is Ordinance 16-1669. Madam Clerk, will you, please, read this ordinance by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1669, an ordinance AZ 14-016: Nesting Swan Ranch, for Annexation and Rezone of a Parcel of land being Lots 1 and 3 of Martinel Subdivision, as Recorded in Book 66, Page 6764, Official Records of Ada County, Idaho, including an unplatted portion of the Southwest One Quarter of the Southwest One Quarter of Section 28, Township 3 North, Range 1 East, Boise, Ada County, Idaho, as described in Attachment A, and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R -4, Low Density Residential District, R-8, Medium Density Residential District, in the Meridian City Code. Providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read in title only. Is there anyone who would like to hear it read in its entirety? So, seeing none. Milam: Madam Mayor? Meridian City Council January 19, 2016 Page 51 of 52 De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1669 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Council, any topics under Item 11? Okay. Mr. Bird. Bird: Madam Mayor, I would be remiss if I didn't do this publicly. A, along with Mayor Tammy and Genesis had the opportunity to attend a breakfast Saturday morning that -- I mean I have sat in seminars where we have had six figure lobbyist and six figure PR people and everything else presenting it. Let me tell you something, these 14 to 18 year old kids were so professional, I am so proud of that MYAC group -- I'm proud of all the youth in our town, but I am so proud of that MYAC group and Ken Corder, the leader of it, that I -- I just -- I just publicly had to -- I mean tell people that those kids -- I feel so good as I grow older knowing that they will be the leaders of our community coming up and they -- I'm telling you you missed one of the best presentations -- and all of you have sat through presentations from expensive paid people -- and I'm guaranteeing you this one Saturday would have done twice as good -- it was so professional it was -- you didn't not know they were youth and I'm telling you we are talking 14 to 18 year old kids. I just -- and Council -- the rest of you Councilmen, next year put this on your docket, make sure that you can attend their legislative breakfast and let's make Ken cook twice the food that he had to this year, because it is well worth your time. Those kids need our support, because they do a great job. Thank you. Milam: Second that. They were phenomenal. De Weerd: Thank you. And I appreciate the two of you being there. They -- they spend a lot of time, as you saw through the research, doing research. They have been at this for a couple of years and have listened to our legislators on their questions, their feedback and they came back this year with a change that I think that our legislators found more palatable and interesting. They had great questions and, I will tell you what, they -- the youth council members were prepared and had solid responses to each of the things that our legislators -- and I appreciate our legislators that they come and they ask them tough Meridian City Council January 19, 2016 Page 52 of 52 questions, they will preface it with while we support what you're proposing, we want you to be prepared to answer these following questions and it was a great dialogue. The kids bring the food and they sign up and volunteer to bring it, so there is minimal expense to the MYAC budget. These -- these kids are phenomenal and they were well prepared. So, it was very meaningful to have the two of you there. Appreciate that. Any questions? If not I would entertain a motion to adjourn. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Given that a hundred percent of my motions have failed, I hope I have not doomed this one to a similar fate. I move we adjourn. Bird: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:38 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) kyj .E ATTE T: 1 ry 0i JAYCEE HO Y CL K /a— /I�- DATE APPROVED Changes to Agenda: None Item #8A: Impresa Park Subdivision (H-2015.0042) Application(s): ➢ Short Plat Size of property, existing zoning, and location: This site consists of 1.22 acres of land, zoned L-0, located at 289 SW 5th Ave, in the NE % of Section 13, Township 3 North, Range 1 West. (Parcel #: R8533750700) History: The proposed subdivision is a re -subdivision on Lot 7, Block 1 of Troutner Park Sub. In 1996, the City of Meridian approved the annexation and zoning of property in Troutner Park Subdivision to C -G and L-0 zones. In 1997, a Development Agreement (DA) was entered into which required all development within the subdivision to obtain CUP approval. In 2013, a conditional use permit (CUP -13-009) application was received to construct four (4) office buildings on the site. In 2013, a CZC was approved to construct a 4,020 square foot office building on the site. Cross Access: A cross-access/ingress-egress easement is required to be provided internally within the subdivision. Said easements shall be depicted and/or noted on the face of the recorded final plat in accord with the provisions of UDC 11 -3A -3A2. Summary of Request: The proposed plat consists of 4 building lots. All of the proposed lots comply with the dimensional standards of the L-0 district as applicable, and is in substantial compliance with the criteria set forth in the UDC for short plats. Written Testimony: Joe Canning, Applicant's Representative (in agreement w/staff report) Staff Recommendation: Approval w/conditions in staff report Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0042, as presented in the staff report for the hearing date of January 19, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0042, as presented during the hearing on January 19, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0042 to the hearing date of January 19, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Notes: Item #813: Primary Health — MDA (H-2015-0045) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 1.17 acres of land, zoned 0-T, located at 1624 & 1648 N.W. 1st St. on the south side of W. Cherry Lane between N. Meridian Road & N.W. 1st St. History: In 2015, this property was rezoned from R-4 to 0-T with the requirement of a DA; and a CUP was approved for a drive-thru for a coffee kiosk on the eastern portion of the site. Comprehensive Plan FLUM Designation: Old Town Summary of Request: The applicant requests an amendment to the existing DA to update the conceptual development plan for the western portion of the site for the development of a 6,310 s.f. medical office for Primary Health. The previously approved plan depicts three future parcels developing with a walk-up/drive-thru coffee kiosk on the eastern portion of the site & 2 future pad sites for a small restaurant and retail/restaurant uses on the western portion of the site. One access via N.W. 18t Street at the west boundary was approved near the north end of the site. A 12+/- foot wide buffer to adjoining residential uses is depicted along the south boundary. The proposed plan still depicts three parcels but only includes one pad site instead of two on the western portion of the site for a medical office for Primary Health and associated parking; no changes are proposed to the eastern portion of the site. The buffer to residential uses at the south boundary of the site has been reduced from 12+ feet to 7+ feet on the western portion of the site. Because there is no longer a building planned along the south boundary to serve as a buffer to the commercial uses, staff recommends a provision is added to the DA that requires a minimum 10 -foot wide buffer planted with a mix of evergreen and deciduous trees that allow trees to touch at maturity be provided along the south boundary of Parcel C in accord with the standards listed in UDC 11-38-9C.1 with development of Parcel B (Primary Health). The access via N.W. 1 st Street has shifted to the south end of the property for safer pedestrian access between the parking area and the Primary Health building. As the new location creates more of a direct route between N.W. 1st and N. Meridian Road, Staff is concerned this may promote more cut -through traffic, however, believes it to be safer for Primary Health clientele. Staff recommends traffic calming (i.e. speed bumps) devices are installed in the southern drive aisle at the east side of the parking area where Parcels A and C adjoin to slow down traffic. All future development of the site must comply with the dimensional standards of the 0-T zoning district. The building pad proposed on Parcel B encroaches onto Parcel A. After the DA is amended, the applicant should be required to apply for and execute a property boundary adjustment to adjust the parcel boundaries prior to submittal of a Certificate of Zoning Compliance application for Parcel B. The proposed healthcare use is a principal permitted use in the 0-T zoning district per UDC Table 11-2D-2. The proposed site plan depicts adequate parking for the proposed use. Therefore, Staff recommends approval of the proposed modification per the proposed conceptual development plan with staffs recommended changes to the provisions of the agreement noted in the staff report as previously mentioned. Written Testimony: None Staff Recommendation: Approval Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0045, as presented in the staff report for the hearing date of January 19, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0045, as presented during the hearing on January 19, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0045 to the hearing date of January 19, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8C: Edgehill Subdivision — AZ, PP (H-2015.0005) Application(s): ➢ Annexation & Zoning ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 40.19 acres of land, currently zoned RUT in Ada County, and is located at the SEC of S. Linder Road & W. Victory Road at 1393 & 1405 W. Victory Road. History: None Comprehensive Plan FLUM Designation: LDR Summary of Request: The applicant requests annexation & zoning of 40.19 acres of land with an R-4 zoning district consistent with the LDR FLUM designation for this site. The applicant plans to develop the site with 116 new SFR detached homes. A preliminary plat is proposed that consists of 116 building lots & 7 common area lots on 40.19 acres of land and is proposed to develop in 2 phases as shown. The gross density for the development is 2.89 d.u./acre with a net density of 4.54 d.u./acre. The Williams gas pipeline crosses the SWC of this site and lies within a 75 -foot wide easement. The Sundall Lateral bisects this site from east to west and is located within a common lot. The applicant requests a waiver from Council to allow to the lateral to remain open and not be piped due to its large capacity. One access is proposed via W. Victory Road & one access is proposed via S. Linder Road, both arterial streets. Stub streets are proposed to adjacent properties to the east & west for future extension & interconnectivity. A 25' wide landscaped street buffer is required along Victory & Linder Roads. Landscaping is also required within common areas and along pathways in accord with UDC standards. A minimum of 10% qualified open space & 2 site amenities are required to be provided within the development. A short segment of the City's multi -use pathway system within the Williams pipeline easement is proposed along with a tot lot with play equipment; the Commission recommends an internal pathway is provided along the north side of the Sundall Lateral from the east boundary of the site to the NWC of the site as shown on the revised plan. Conceptual building elevations were submitted that depict 7 sample elevations for future homes within the development. Building materials appear to consist of a mix of horizontal & vertical lap & shake siding with stone accents and asphalt shingles. Because homes on lots that back up to S. Linder & W. Victory Roads will be highly visible, staff recommends the rear or sides of structures on these lots incorporate articulation through changes in materials, color, modulation and architectural elements (horizontal & vertical) to break up monotonous wall planes & rooflines. Six-foot tall vinyl fencing is proposed along the frontage of Victory & Linder Roads; 4 -foot tall vinyl fencing is proposed along pathways & common area; open vision wrought iron fencing is proposed along the lateral; and 6 -foot tall cedar fence is proposed along the east & south boundaries. This parcel is not currently serviceable with domestic water. The development falls within Pressure Zone 5 in which there is currently no supply in the subject area. Sanitary sewer currently exists in S. Linder Road to the north near W. Kodiak Dr. in Fall Creek Subdivision. Development of this property is dependent on the extension of existing sanitary sewer mains, and water services being available from the City's Pressure Zone 5. Commission Recommendation: Approval w/a development agreement per the conditions in Exhibit B of the staff report a. Summary of Commission Public Hearing: L In favor: Kristi Watkins, Applicant's Representative ii. In opposition: Linda Coffield; Susan Thompson; Ron Thompson; Ed Bird; Cindy Bird iii. Commenting: Paul Young; Terry Bennett; Kevin Petty; Chad Bullock; Dan Mortensen; Ron Paulson iv. Written testimony: Kristi Watkins, Applicant's Representative (in agreement with staff report); Steven Mortensen; Laurel and Terry Bennett; Ed and Cindy Bird; Gordon Hamilton, William's Pipeline; v. Key issue(s): • Concern regarding how the development will impact groundwater and wells in the area; • Traffic generated from the proposed development and associated road/intersection (roundabout) improvements; • Location of the access on Victory in relation to the Thompson's property to the north and possible slide -offs into their property; • Type of fencing proposed along east boundary (prefer vinyl fencing to match existing fencing in the area and construction of a solid fence across the stub street); • Preference of a lower density (fewer homes) for this site. vi. Staff presenting application: Sonya Watters & Bill Parsons vii. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. The Commission continued the project to December 17th in order to allow time for the Traffic Impact Study (TIS) to be revised and ACHD time to review the revised TIS and issue a report; ii. The timing for street/intersection (roundabout) improvements; iii. The timing for extension of City water and sewer services to this site. c. Commission Change(s) to Staff Recommendation: i. At staffs request, delete condition #1.1.2 as the preliminary plat was revised in accord with the conditions prior to the Commission hearing. d. Outstanding Issue(s) for City Council: i. The applicant requests a waiver from Council to allow the Sundall Lateral to remain open where there are not street crossings due to its large capacity. Written Testimony since the Commission Hearing: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0005, as presented in the staff report for the hearing date of January 19, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0005, as presented during the hearing on January 19, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0005 to the hearing date of January 19, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Destroy Certain Semi -Permanent Records Resolution No. IV -1113 : Authorizing the City Clerk to Destroy Certain Semi -Permanent Records of the Information Technology Department 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 RESOLUTION NO. 1 lP -1113 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI- PERMANENT RECORDS OF THE INFORMATION TECHNOLOGY DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(4) to, by resolution, destroy semi-permanent records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent records that may be destroyed pursuant to Idaho Code sections 50-907(2) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent records of the Information Technology Department: INFORMATION TECHNOLOGY YEAR(S) —7 DESCRIPTION 1. Semi-permanent Outlook e-mail messages — E-mails dated up to and All e-mail messages, sent or received by general; City staff including December 31, 2010 City staff using Outlook software, that are stored in Outlook or the City's e-mail archiving system. (E-mail messages may be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may require.) Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 19th day of January, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 19th day of January, 2016. RESOLUTION AUTHORIZING DESTRUCTION OF INFORMATION TECHNOLOGY DEPARTMENT RECORDS 2016-01 PAGE 1 OF 2 ATTEST: By: aycee . Holman, City Clerk APPROVED: Mayor Tat/ye Weerd GO',Ogc ,TLDAUG.GS�1 l ti� oma, :>Y ID4H0 9 SEAL ` F9 ye o�rhe TREKS".6 RESOLUTION AUTHORIZING DESTRUCTION OF INFORMATION TECHNOLOGY DEPARTMENT RECORDS 2016-01 PAGE 2 OF 2 Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Steven Yearsley to Seat Resolution No. 4: A Resolution Reappointing Steven Yearsley to Seat 3 of the Meridian Planning and Zoning Commission MEETING NOTES t, w 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. I v i l i q BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING STEVEN YEARSLEY TO SEAT 3 OF THE MERIDIAN PLANNING & ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Planning and Zoning Commission, its members and terms of their appointments; and WHEREAS, Steven Yearsley was appointed to Seat 3 on the Meridian Planning and Zoning Commission by Resolution No. 11-169 on January 11, 2011; and WHEREAS, the City Council of the City of Meridian deems the appointment of Steven Yearsley to Seat 3 of the Planning & Zoning Commission to be in the best interest of the Meridian Planning and Zoning Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1, Steven Yearsley is hereby reappointed to Seat 3 of the Meridian Planning and Zoning Commission, for a term to expire January 31, 2019. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this Ltay of 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 16�4—day of 2016. APPROVED: MayorT y de Weerd ATTEST: Gose �aTED Ao�.Ls�� W By:A AA 1 itY of cee U. Holman, City Clerk E IDIAN*-- a IDAHO SEAL i RESOLUTION FOR REAPPOINTMENT OF STE W RE EY — MERIDIAN PLANNING & ZONING COMMISSIONER -1 Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Valley Regional Transit Authority Resolution No. IG - 111/ : A Resolution Establishing Appointments for Board Members and Alternates to the Valley Regional Transportation Authority. 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 RESOLUTION NO. (g ' r7 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR BOARD MEMBERS AND ALTERNATES TO THE VALLEY REGIONAL TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian by the passage of Resolution No. 04-446 on October 19, 2004 designated representatives to serve as primary and alternates for the Valley Regional Transportation Authority; and WHEREAS, due to changes of members of the City Council and staff warranted the need to change the designated primary and alternate representatives; and WHEREAS, Idaho Code §40-2106(3) states board members shall be appointed by resolution of the appointment agency; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Idaho Code §40-2106, that the following persons be appointed to the Valley Regional Transportation Authority Board: Councilmember Luke Cavener as a primary representative Councilmember Ty Palmer as a primary representative Planning Manager C. Caleb Hood as an alternative representative Community Development Director Bruce Chatterton as an alternative representative Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. < LADOPTED by the City Council of the City of Meridian, Idaho, this day of &AL 2016. jo APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2016. eo�ATeu eZ �G 7 ATTEST: c;tyof Mays IDIAM 3111IDAHb By: AOL -Tayce. Holman, City Clerk `'k SEAL RESOLUTION FOR VALLEY REGIONAL TRANS �TjCkN e" Weerd BOARD REPRESENTATIVES — 1 of 1 Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: 5D PROJECT NUMBER: AZ 14-016 ITEM TITLE: Nesting Swan Ranch Development Agreement for Approval: Nesting Swan Ranch (AZ 14-016) Generally located at 4620 S. Martinel Lane and 3570 E. Amity Road, in the Southwest 1/4 of Section 28, Township 3 North, Range 1 East. E. 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 ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=58 DAWN TRIVOLIS 201 11:29 82 01/27/20166 11:29 MERIDIAN CITY AM III Jill I11 INO FEE 00188023201600070820680681 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Gladys Allen and Donald & Marie Morgan, Owners/Developers THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this dayof , 2016, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter c - led CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Gladys Allen, whose address is 4617 S. Martinel Lane, Meridian, Idaho 83642 and Donald & Marie Morgan, whose address is 4620 S. Martinel Lane, Meridian, Idaho 83642, hereinafter called OWNERS/DEVELOPERS. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners/Developers make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I1-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners/Developers have submitted an application for the aimexation of approximately 22.75 acres of land from the RUT zoning district in Ada County to the R-4 (Medium Density Residential) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners/Developers made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—NESTING SWAN RANCH (AZ— 14-016) PAGE 1 OF 10 1.6 WHEREAS, the record ofthe proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 7`' day of July, 2015, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owners/Developers to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owners/Developers deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owners/Developers to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions ofthis Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City ofMeridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERS/DEVELOPERS: means and refers to Gladys Allen, whose DEvELOPMENTAGREEMENT -NESTING SWANRANCH (AZ -14-016) PAGE 2 or. 10 3.2 OWNERS/DEVELOPERS: means and refers to Gladys Allen, whose address is 4617 S. Martinel Lane, Meridian, Idaho 83642 and Donald & Marie Morgan, whose address is 4620 S. Martinel Lane, Meridian, Idaho 83642, the parties that that own and are developing said Property and shall include any subsequent owners and/or developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium Density Residential (R-4) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developers shall develop the Property in accordance with the following special conditions: a. Direct lot access to S. Eagle Road and E. Amity Road, both arterial streets, is prohibited in accord with UDC 11-3A-3, except for emergency access only. b. Future development of this site shall be generally consistent with the conceptual development plan; and building elevations depicted in Exhibit A of the attached Findings of Fact and Conclusions of Law (Exhibit "B") and the revisions noted in the staff report. c. The rear of homes on lots that face S. Eagle Road and E. Amity Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. d. The existing home that is proposed to remain on Lot 11, Block 1 (Allen home) and the existing home on a lot in the future Phase 2 development (Morgan home) shall be required to hook up to City water and sewer service within 60 days of services being available per Meridian City Code 9-1-4 and 9-4-8. Applicant shall be responsible for the payment of all assessments and permit fees, as well as the physical work necessary to accomplish the connections. e. Vehicular access to the Luke parcel (Parcel #S 118336250) shall be provided through the subject property and a cross -access easement shall be granted accordingly and recorded. f A minimum 5 -foot wide pedestrian pathway shall be provided within the 30 -foot wide common area depicted on the conceptual development plan along the northern boundary of the annexation area for pedestrian access to the school site to the east. DEVELOPMENT AGREEMENT -NESTING SWAN RANCH (AZ -14-016) PAGE 3 OF 10 g. Public street frontage shall be provided to the Taylor property (Parcel No. R5475470020) via S. Martinel Avenue. h. The 10 -foot wide common area shown on the conceptual development plan along the northwest boundary of the annexation area should be included in the adjacent building lots unless the easement holder requires it to be in a common lot. 6. COMPLIANCE PERIOD This Agreement must be fiilly executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owners/Developers' default of this Agreement, Owners/Developers shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owners/Developers that is not cured after notice as described in Section 7.2, Owners/Developers shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners/Developers reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owners/Developerss, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners/Developers or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or DEVELOPMENT AGREEMENT -NESTING SWAN RANCH (AZ- 14-016) PAGE 4 OF 10 similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owners/Developers of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners/Developers shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owners/Developers, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owners/Developers agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owners/Developers to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT -NESTING SWAN RANCH (AZ- 14-016) PAGE 5 OF 10 CITY: City Cleric City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNERS/DEVELOPERS: Gladys Allen 4617 S. Martinel Lane Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Donald & Marie Morgan 4620 S. Martinel Lane Meridian, Idaho 83642 14.1 A 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. 15. 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 attorney's 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. 16. 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 by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners/Developers, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developers, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owners/Developers have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. DEVELOPMENTAGREEMENT-NESTING SWAN RANCH (AZ- 14-016) PAGE 6 OF 10 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners/Developers and City relative to the subj ect matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owners/Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in comiection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT -NESTING SWAN RANCH (AZ- 14-016) PAGE 7 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPERS: 10004 t_/_ /�_s .o I Donald Morgan Marie Morgan ATTEST: o��oltAT eD n u�Usrr I City of ERIDI`vAN� Jaycee Holman, City Clerk " UiA L �w DEVELOPMENT AGREEMENT — NESTING SWAN RANCH (AZ — 14-016) PAGE 8 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPERS: Gladys Allen `' . I.— ` = Donald Morgan — ATTEST: Holman, City Clerk Mari Morgan CITY OF MERIDIAN O�PT�D A�GLST lls C;cy of -RIIDIANk IGANO SEAL 9 , e DEVELOPMENT AGREEMENT—NESTING SWAN RANCH (AZ— 14-016) PAGE 8 OF 10 STATE OF IDAHO ) ss: County of Ada, On this day of �� r { , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Gla , � s Allen, known or identified to me and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) ss: County of Ada, Notary Public -for Idaho Residing at _I` C My Commission Expires. On thisday o , 2016, before me, the undersigned, a Notary Public in and for said State, personally app ed Donald Morgan, known or identified tome and acknowledged to me that he executed the same. IN WITNESS WHEREOF, ave hereunto set my hand and affixed my official seal the day and year in this certificate first above tten. (SEAL) Not Public for Idaho Residin at: My Co ssion Expires: DEVELOPMENT AGREEMENT -NESTING SWAN RANCH (AZ -14-016) PAGE 9 OF 10 STATE OF IDAHO, ) County of Ada, ) On this day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Gla'Ws Allen, blown or identified to me and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereu set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Residing at: My Commission STATE OF I -) ,Y SS: County of Ada, ) On this day of, 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Doan ld Morgan, known or identified to me and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set�my-handj affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Pu is for Idaho Lt, t Residing at: a My Commission Expires: &6� i rar DEVELOPMENTAGREEMENT—NESTING SWAN RANCH (AZ -14-016) PAGE 9 OF 10 STATE OF IDAHO, e'j' : SS: County of Ada, On this da 4 y of , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Marie Morgan, known or identified to me and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto and year in this certificate first above written. (SEAL) T r f STATE OF IDAHO ) ss County of Ada ) affixed my official seal the day Notary%a-. c for Ids Residinsu, My Commission Expires: c. On this 19 day of \�q y u C� A -A , 2016, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L: Tolman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. «mama ®0.00 CA J®.. (SEAL)'0T4�f'��'�• r q . vp ®® OF ID ••• *OF Notaij Pu lic for , h Residing at: ct V, Commission expires: -Ln 4 . (�)Q O DEVELOPMENT AGREEMENT—NESTING SWAN RANCH (AZ— 14-016) PAGE 10 OF 10 EXHIBIT A Sawtooth Land Surveying, LLC fl � o�fl P: 398-8104 P: (208) 398-8105 -- 20,'30,5. Washington Ave.. Emmett. ID 836 17 January 11, 2016 Logan Creek Subdivision Annexation Legal Description: R-4 Zone The Basis of Bearings for this description is North 0°37'07" East between the southwest corner of section 28 and the west'/ of section 28. A parcel of land located in the SW1/4 of the SW1/4 of Section 28, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Southwest corner of said Section 28; Thence N 0037'07" E, coincident with the West line of the SW 1/4 of the SW 1/4 said Section 28, a distance of 235.00 feet to the POINT OF BEGINNING; Thence continuing N 0037'07" E, coincident with said West line of the SW 1/4 of the SW 1/4 of Section 28, a distance of 403.29 feet; Thence S 89°07'57" E, coincident with the north line of Martinel Subdivision as shown in Book 66 of Plats, at Pages 6764-6768, Ada County Records, 826.63 feet; Thence N 0052'03" E, coincident with the west line of said Martinel Subdivision, 290.16 feet; Thence S 88057'48" W, coincident with the south line of said Martinel Subdivision, 247.57 feet; Thence N 0056'56" E, coincident with said west line of Martinel Subdivision, 403.05 feet; Thence S 89019'26" E, coincident with the north line of said Martinel Subdivision, 745.97 feet; Thence S 0033'00" W, coincident with the east line of said Martinel Subdivision, 793.14 feet; Thence N 89015'17" W, coincident with said south line of Martinel Subdivision, 411.19.feet; Thence S 0033'00" W, 529.80 feet to the south line of said SW 1/4 of the SW 1/4 of Section 28; Thence N 89015'17" W, coincident with said south line of the SW 1/4 of the SW 1/4 of Section 28, a distance of 574.10 feet; Thence N 0036'48" E, coincident with said west line of Martinel Subdivision, 235.00 feet; Thence N 8901616" W, coincident with said south line of Martinel Subdivision, 344.98 feet to the POINT OF BEGINNING; P:\2015\15109-LOGAN CREEK SUBDIVISION\Survey\Drawings\Descriptions\PPLAT App -Annexation logan creek - R-4 ZONING.docx Page 11 The above described parcel contains 22I5 -r more or less. ENS W., End Description 9 OF VO p) o�Rc POV0 P:\2015\15109-LOGAN CREEK SUBDIVISION\Survey\Drawings\Descriptions\PPLAT App - Annexation logan creek - R-4 ZONING.docx Page 12 ti z Q� x Lo Z Q � U ap x % Zp p QWoo �:*NN vi W 4; ii a g41d Y� O >m m2 W UO Y W Z W Z UNO Lu (�7 a 0 v na . sowvr3a eo�stsve � q mou mn s ¢ YOR J O � -1 U3 ��oa �O V;lo cr`r ♦S ac's GQ' S�dOHd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 0 1101, C�WE I In the Matter of the Request for Annexation and Zoning of 27.75 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Thirty -One (31) Building Lots and Seven (7) Common Lots on 10.37 Acres of Land for Nesting Swan Ranch Subdivision, Located at 4617 and 4620 S. Martinel Lane and 3570 E. Amity Road, by Blossom 1, LLC. Case No(s). AZ -14-016; PP -14-018 For the City Council Hearing Date of: June 16, 2015 (Findings on July 7, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 21, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 21, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 21, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 21, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-016; PP -14-018 6. That the City has granted an order of approval of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Deparhnent, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of May 21, 2015, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning was approved with an R-4 zoning district with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of May 21, 2015, attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby denied based on the fact that it is not in conformance with the R-4 zoning district that was approved with the annexation and zoning as noted in the Staff Report for the hearing date of May 21, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC I 1 -5E -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11 -5E -3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request roust be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 21, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). AZ -14-016; PP -14-018 -2- By action of the City Council at its regular meeting held on the day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED--'),4&--- OTED'i.G&'-- COUNCIL COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mnym-TMMI e ee p0.pTPu Attest: � G�P4 3 9 n city -f $ Jaycee roman SEAL City Clerk y f` Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: �AI City Clerk' O rice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-016; PP -14-018 -3- EXHIBIT A Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 1 STAFF REPORT Hearing Date: May 21, 2015 (Continued from: May 7, 2015) TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ-14-016; PP-14-018 – Nesting Swan Ranch I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Blossom 1, LLC, has submitted an application for annexation and zoning (AZ) of 27.75 acres of land with an R-8 zoning district; and preliminary plat (PP) consisting of 31 buildable lots and 7 common/other lots on 10.37 acres of land in the R-8 zoning district for Nesting Swan Ranch subdivision. NOTE: The applicant’s AZ application includes a 4.55 acre parcel at 3570 E. Amity Road containing an existing assisted living facility, which is currently receiving City water and sewer service. The applicant’s submitted preliminary plat only includes 10.37 acres of the remaining area; a conceptual plat for the remaining 11.39 acres has been submitted, but the applicant is not proposing to subdivide that portion of the property at this time; a conceptual development plan has been submitted for that portion of the site. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on February 5, 2015. At the public hearing, the Commission moved to recommend denial of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Tamara Thompson, Applicant’s Representative; Sandy Sanderson, Developer ii. In opposition: Scott Shaw; Dan Luke; Roger Taylor; and Frank Shoemaker iii. Commenting: Randy Clarno and Bradford Dedman iv. Written testimony: Philip & Judy DeAngeli; Roger & Teresa Taylor; Louis Uranga on behalf of Frank & Sue Shoemaker; and Tamara Thompson, Applicant’s Representative v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Inclusion of the northern portion of the property in order to be contiguous to annex and develop the southern portion of the site in the City (i.e. “leapfrog”, not orderly development); ii. The private streets within the development not being wide enough to allow on-street parking and the financial burden on the homeowners to maintain the private streets; iii. The location of the stub street to the north; iv. Overcrowding in the West Ada School District; EXHIBIT A Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 2 v. Provision of larger lots along the north boundary of the development as a transition to larger rural residential properties; and vi. Provision of a pathway within the common lot along the north boundary of the site for pedestrian access to the future high school to the east. c. Key Commission Change(s) to Staff Recommendation: i. The Commission recommended denial of this application based on the their determination that it was a leapfrog development and not an orderly expansion of the City limits and services; the location of the stub street to the north; and impact on the schools. d. Outstanding Issue(s) for City Council: i. None Prior to the City Council meeting on March 17, 2015, the applicant submitted a revised conceptual development plan that no longer included private streets on the northern portion of the site and shifted the stub street at the north boundary further to the west with the lots reconfigured accordingly. Because Council considered these changes significant, they remanded the applications back to the Commission for their review and recommendation. The Meridian Planning & Zoning Commission heard these items on May 7 and 21, 2015 At the public hearing on May 21st, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Tamara Thompson ii. In opposition: Frank Shoemaker; Bradford Dedman; Dan Luke; Roger Taylor iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. The differences between the original concept plan and the revised one; ii. The issue of the proposed development plan being “leap frog” development; c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on June 16, 2015. At the public hearing, the Council approved the subject AZ request and denied the PP request. a. Summary of City Council Public Hearing: i. In favor: Tamara Thompson ii. In opposition: Frank Shoemaker; Roger Taylor; Marie Morgan; Dan Luke; iii. Commenting: Justin Lucas, ACHD iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. Future access for the outparcel at the southwest corner of the site owned by the Luke’s; ii. Density and zoning of the proposed subdivision and annexation area. c. Key Council Changes to Commission Recommendation i. Council approved the annexation request but with an R-4 instead of an R-8 zoning district and denied the preliminary plat. EXHIBIT A Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 3 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-14- 016 & PP-14-018, as presented in the staff report for the hearing date of June 16, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-14-016 & PP-14-018, as presented during the hearing on June 16, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ-14-016 & PP-14-018 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4617 and 4620 S. Martinel Lane and 3570 E. Amity Road, in the southwest ¼ of Section 28, Township 3 North, Range 1 East. (Parcel No.’s: R5475470011 and R5475470030) B. Owner(s): Blossom 1, LLC 1775 W. State St. Box 317 Boise, Idaho 83702 C. Applicant(s): Gladys and Larry Allen 4617 S. Martinel Lane Meridian, ID 83642 Donald and Marie Morgan 4620 S. Martinel Lane Meridian, ID 83642 D. Representative: Tamara Thompson, The Land Group, Inc. 462 E. Shore Drive Eagle, Idaho 83616 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 20, and May 4, 2015 (Commission); May 25, and June 8, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: April 9, 2015 (Commission); May 28, 2015 (City Council) EXHIBIT A Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 4 D. Applicant posted notice on site(s) on: April 27, 2015 (Commission); June 6, 2015 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of two rural residential/agricultural properties and an assisted living facility (Diamond View Assisted Living), all zoned RUT in Ada County. The preliminary plat only encompasses the 10.37 acre rural residential property nearest the Eagle/Amity Road intersection. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential/agricultural properties, zoned RUT in Ada County; and urban density residential properties in Napoli Subdivision, zoned R-2. 2. East: Agricultural property, zoned RUT in Ada County 3. South: E. Amity Road and agricultural property, zoned RUT in Ada County 4. West: S. Eagle Road and rural residential/agricultural property, zoned RUT in Ada County EXHIBIT A Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 5 C. History of Previous Actions:  The properties located at 4617 and 4620 S. Martinel Lane were previously platted as Lots 1 and 3, Block 1, Martinel Subdivision, respectively.  The property at 3570 E. Amity Road received conditional use permit approval through Ada County to operate as an assisted living facility (91-55-CU; 95-04-CU; and 200600082-CU- MSP). This property is currently receiving City water. D. Utilities: 1. Location of sewer: Sanitary sewer mains to provide service to the proposed development currently exist near the southwest corner of the Napoli Subdivision. 2. Location of water: Water mains intended to provide service to the proposed development currently exist in E. Amity Road and S. Eagle Road. 3. Issues or concerns: Applicant shall be required to connect their interior water mains with the existing water main in S. Eagle Road near the northwest corner of the development. E. Physical Features: 1. Canals/Ditches Irrigation: There are some irrigation ditches that run along the property lines of the site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to subdivide and develop the southwest 10.37 acre portion of the annexation area with 31 single-family detached residential lots at a gross density of 2.99 d.u./acre with a net density of 3.11 d.u./acre. The proposed gross density is slightly (0.01) below the low-end of the desired density range of 3 to 8 d.u./acre in MDR designated areas. However, this density figure includes the existing 2.23 acre home site that is proposed to remain as a lot in the subdivision. Without this property, the gross density of the proposed lots on 8.17 acres is 3.79 d.u./acre. For this reason and because the overall gross density is only 0.01 below the desired density for this area, staff deems the proposed density meets the intent of the desired MDR density. Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium density single-family residential development should contribute to the variety of residential uses that exist in this area which currently consist of rural, low and medium residential densities, a residential care facility and agricultural uses. EXHIBIT A Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 6  “Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities.” (3.05.02F). There are existing low density residential land uses to the north and northwest of the property included in the proposed preliminary plat and concept plan. Although not part of the submitted preliminary plat, the conceptual development plan for the northern portion of the annexation area depicts 4 building lots along the northern property boundary abutting the De Angeli property (#R9827130200); 4 building lots adjacent to the Shoemaker property (#R9827130100); and 7 building lots along the northern boundary of the proposed plat and 6 future building lots at the northwest boundary of the concept plan abutting the Taylor property (#R5475470020). A 30-foot wide common area for a utility easement is proposed on the concept plan along the northern boundary of the annexation area adjacent to the D’Angeli and Shoemaker properties; and a 50-foot wide common area is proposed along the southwest portion of the annexation area abutting the Taylor property which will also provide an added buffer. Because the homes on the two existing rural residential properties to the north are 475+/- feet (De Angeli’s) and 380+/- feet (Shoemaker’s) away from the northern boundaries of the building lots depicted on the concept plan, and because these properties are also designated as MDR for redevelopment (which should result in a similar density as the proposed development), staff feels there is an adequate buffer between the proposed development and existing homes. There are also existing bushes and/or trees along the southern boundary of the De Angeli property to screen the residential development. The portion of the Taylor property where the home is located abuts the Allen property where there is also an existing home that is proposed to remain on a 2.23 acre lot in the proposed subdivision. This property is also designated as MDR for future redevelopment which should result in a similar density as the proposed development. For the reasons stated above, staff does not recommend more of a transition in density than proposed or an additional buffer beyond what is being proposed.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) No pedestrian pathways are proposed on the preliminary plat to adjacent properties. Staff recommends a pedestrian pathway is provided to the Taylor property (Parcel No. R5475470020) for future interconnectivity at the northwest boundary of the platted area within the common lot where the emergency access driveway is proposed.  “Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) The proposed conceptual development plan depicts a stub street to the D’Angeli rural residential property to the north (Parcel No. R9827130100) for future extension and interconnectivity. Public street frontage on S. Martinel Avenue is proposed for the assisted living property to the east (Parcel No. S1128336506); and private street frontage is proposed for the Luke property at the southwest corner of the site (Parcel No. S1128336250). Staff is supportive of the street connections proposed but also recommends public street frontage is provided to the Taylor property (Parcel No. R5475470020) via S. Martinel Avenue. EXHIBIT A Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 7  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required along S. Eagle Road and E. Amity Road, both arterial streets, in accord with the standards listed in UDC 11-3B-7C. Five-foot tall vinyl privacy fencing is proposed around the perimeter of the site as depicted on the landscape plan and should comply with the standards listed in UDC 11-3A-7. Separate permits shall be obtained for signage and fencing.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed residential development should be compatible with adjacent existing rural and low density residential uses and the residential care facility to the east. Further, because the adjacent properties are also designated on the FLUM for future MDR uses, the proposed development should be consistent with future development in this area.  “Require common area in all subdivisions.” (3.07.02F) The proposed development is required to provide a minimum of 10% (or 1.03 acres) qualified open space in accord with the requirements listed in UDC11-3G-3.  “Evaluate the comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment and parks etc.).” (3.01.01B) A letter was received by the City from the West Ada School District detailing how the proposed development will affect the school district. The letter states that the school district is currently operating beyond capacity and that students living in the proposed development cannot be assured of attending the neighborhood school and may need to be bussed to available classrooms across the district (see letter in the public record for more information). Based on the school district’s letter, Staff concludes that the school district should be able to absorb the additional students within this development somewhere within the district. ACHD reviewed the subject project; draft comments/conditions are provided in Exhibit B.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer upon development of the site in accord with UDC 11-3A-21. Analysis: For the reasons listed above, Staff deems the proposed density and development is consistent with the MDR designation and goals and policies of the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. EXHIBIT A Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 8 The proposed use of the majority of the site for single-family detached dwellings is a principal permitted use in the R-8 zoning district. Nursing or residential care facilities are listed as a conditional use in the R-8 district. A CUP was obtained in Ada County for the existing assisted living facility (Diamond View Assisted Living). Because City Staff reviewed and commented on the assisted living facility when it was processed through Ada County, Staff is not recommending a new CUP is required through the City with annexation of the property. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied to annex and zone a total of 27.75 acres of land with an R-8 zoning district. As discussed above in Section VII, staff feels the proposed zoning is consistent with the corresponding FLUM designation of MDR and the policies in the Comprehensive Plan as noted. The applicant proposes to develop 30 new single-family residential detached homes on the southwest portion of the annexation area nearest the Amity/Eagle Road intersection as shown on the preliminary plat included in Exhibit A.2. The existing home is proposed to remain. The parcel to the northeast is proposed to develop at a later date with approximately 33 building lots for single-family residential homes as shown on the conceptual development plan included in Exhibit A.3. The concept plan also demonstrates how Lot 11, Block 1 where the existing home is located may redevelop in the future with 4 additional building lots. A concept plan is also included for the Luke parcel which depicts how the property may redevelop with 4 new building lots accessed by a common driveway. The property at the southeast corner of the annexation area is currently used for an assisted living facility and is not part of the development area. From the aerial view of the property, the existing structures appear to comply with the setback requirements of the R-8 zoning district. The property was provided with City water and sewer services before the property was contiguous to City property and was required to annex once it became contiguous. City Staff requested the subject applicant include the assisted living facility property within the boundary of their AZ request; the applicant has obliged. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. EXHIBIT A Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 9 2. Preliminary Plat The proposed plat is a re-subdivision of Lot 1, Block 1, Martinel Subdivision and consists of 31 single-family residential building lots and 7 common/other lots on 10.37 acres of land in a proposed R-8 zoning district. The overall gross density for the subdivision is 2.99 d.u./acre with a net density of 3.11 d.u./acre. The average lot size in the proposed development is 6,926 square feet. The portion of the site included in the preliminary plat consists of the parcel nearest the Eagle/Amity Road intersection. The parcel to the northeast is proposed to develop through a separate preliminary plat at a later date in substantial conformance with the conceptual development plan included in Exhibit A.3. Note: There is a 1.17 acre out-parcel at the southwest corner of this site (Parcel No. S1128336250, Luke property). Staff has verified that it is an original parcel of record as defined in UDC 11-1A-1 and therefore, is not required to be included in the subject annexation and preliminary plat application. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district and UDC 11-2A-3. Staff has reviewed the proposed plat and found it to be in compliance with those standards except for the street frontage on Lot 17, Block 1, which is required to be a minimum of 30 feet measured as a chord measurement; the plat should be revised to comply with this standard. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Traffic Impact Study (TIS): A TIS was not required by ACHD for this development. ACHD Requirements: ACHD is requiring additional right-of-way (ROW) to be dedicated to total 48 feet from the centerline of S. Eagle Road where it does not currently exist and construction of a 5-foot wide detached sidewalk. No additional ROW is required to be dedicated to widen E. Amity Road. The applicant is required to widen the pavement to a minimum of 17 feet from centerline plus a 3-foot wide gravel shoulder abutting the site along S. Eagle and E. Amity Roads. Access: There is one public street access (S. Martinel Avenue, classified as a local street) proposed for this development via E. Amity Road. The internal loop road providing access to the residential lots included in the preliminary plat is proposed as private streets with a gated access off of S. Martinel Avenue. An emergency access easement via S. Eagle Road is depicted on the plat at the northwest corner of the site; removable bollards are proposed to restrict access to emergency vehicles only. Access to arterial streets is limited in accord with the provisions listed in UDC 11-3A-3. Direct lot access to S. Eagle Road and E. Amity Road is prohibited. Private Street(s): The UDC (11-3F-1) allows private streets to be provided for single-family developments when a limited gated residential development is proposed. All private streets are required to comply with the standards listed in UDC 11-3F-4. Twenty-six foot wide private streets (Mikael Lane & Nick Loop) are proposed on a common lot off of S. Martinel Avenue for access to the proposed residential lots as well as the Luke out- parcel (Parcel #S1128336250); the existing home on Lot 11, Block 1 has a driveway access via S. Martinel Avenue. A gated entry to the development is depicted on the plans 60 feet west of the S. Martinel Avenue right-of-way. EXHIBIT A Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 10 Per the private street design standards (UDC 11-3F-4A.4.c), the proposed development is required to provide unrestricted access to pedestrians and bicycles at a minimum of two additional points (beyond the pedestrian and bicycle access along the private streets) within the proposed development. In accord with this requirement, staff recommends a paved or concrete pathway connection is provided along the south side of Lot 29, Block 1 to the west to the future sidewalk along S. Eagle Road, and to the north along the west side of Lot 22, Block 1 to Parcel No. R5475470020 for future neighborhood interconnectivity. A private street application should be submitted to the Planning Division of the Community Development Department prior to or concurrent with the final plat application. Staff has reviewed the proposed private streets and found the proposed plans comply with the private street standards noted in UDC 11-3F-4, except for the pathways recommended above. Stub Streets: A stub street (S. Martinel Avenue) is proposed at the north boundary of the plat for future extension, which will ultimately stub at the northern boundary of the overall site as shown on the conceptual development plan (see Exhibit A.3). Because the internal streets providing access to the dwellings are proposed to be private, no stub streets are proposed to the Taylor property to the north (Parcel #R5475470020) with the subject plat. No street frontage is depicted on the concept plan to the Taylor property. Staff recommends public street frontage is provided to the Taylor property with the 2nd phase preliminary plat. Due to the smaller size of the property, private street frontage is provided for the Luke parcel at the southwest corner of the site (Parcel No. S1128336250); a cross-access easement should be depicted on the face of the final plat. If a separate easement is recorded granting access to the private street for this property in addition to the note on the plat, a copy of the easement shall be provided to the City with submittal of the final plat application. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.4. A 25-foot wide street buffer is required along S. Eagle Road and E. Amity Road, both arterial streets, per UDC Table 11-2A-6 as proposed. Landscaping within the street buffers is required to comply with the standards listed in UDC 11-3B-7C. Landscaping within the common areas is required in accord with the standards listed in UDC 11-3G-3E as proposed. The unimproved street right-of-way along S. Eagle and E. Amity Roads is greater than 10 feet from the edge of pavement to edge of sidewalk; this area is required to have a 10-foot wide compacted gravel shoulder meeting ACHD’s construction standards and should be landscaped with lawn or other vegetative groundcover in accord with UDC 11-3B-7C.5. The landscape plan should be revised to comply with this requirement. A 30-foot wide common area planted with grass is proposed along the northern boundary of the annexation area on the concept plan where a utility easement is proposed; staff recommends a pedestrian pathway is included in this area. A 10-foot wide common area is shown along the northwest boundary of the annexation area; this area should be included in the adjacent building lots with consent of the easement holder. Staff has reviewed the landscape plan for compliance with the landscaping standards listed in UDC 11-3B and found the plan to be in general compliance with these standards except as noted in this section and in Exhibit B. EXHIBIT A Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 11 Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (10.37 acres), a minimum of 1.03 acres of qualified open space is required to be provided as set forth in UDC 11-3A-3B. The applicant proposes a total of 1.03 acres of qualified open space consisting of ½ the street buffers along S. Eagle and E. Amity Roads, open grassy areas and parkways. Per UDC 11-3G- 3B.1, open grassy areas should be at least 50’ x 100’ in area. Because the open grassy areas proposed are only 20 to 30-feet wide, Staff recommends the applicant revise the landscape plan submitted with the final plat to include common area as set forth in UDC 11-3G-3B. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of the preliminary plat (10.37 acres), a minimum of one amenity is required to be provided. The applicant proposes to provide a picnic area within the common area as an amenity. Parkways: Parkways are proposed on a portion of the development as shown on the landscape plan in accord with UDC 11-3A-17; landscaping is required in accord with UDC 11-3A-17E and 11-3B-7C. A calculations table should be included on the landscape plan submitted with the final plat application demonstrating compliance with the planting requirements for parkways. Pathways: The Pathways Master Plan does not depict a regional pathway on this site. No pathways are depicted on the plans to adjacent properties for future extension and neighborhood connectivity. As noted above under the private streets section, Staff recommends a paved or concrete pedestrian pathway is provided to the Taylor property to the north (Parcel No. R5475470020) along the west side of Lot 22, Block 1 for future neighborhood interconnectivity; and to the future sidewalk along S. Eagle Road along the south side of Lot 29, Block 1. Staff also recommends a pathway is provided within the 30-foot wide common area along the northern boundary of the annexation area for pedestrian access to the school site to the east. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5-foot wide detached sidewalk is required along S. Eagle Road and E. Amity Road, both arterial streets, and a 5-foot wide attached sidewalk is required along S. Martinel Avenue, an internal local public street. The landscape plan depicts a detached sidewalk along E. Amity Road and an attached sidewalk along both sides of S. Martinel Avenue. A detached sidewalk is proposed around the street perimeter of Lots 31-33, 35-37, and 2-7, Block 1. No sidewalk is depicted along S. Eagle Road as required; the landscape plan should be revised accordingly. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. EXHIBIT A Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 12 Note: There are several existing utility easements that are depicted on the recorded plat for Martinel Subdivision. If any of these easements are no longer needed, they may be vacated through the public hearing process which requires approval by City Council. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. The applicant’s letter states PI will be coordinated with the New York Irrigation District and Boise Project Board of Control. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is proposed to be retained on site. Waterways: An irrigation ditch runs along the property line at the northeast corner of the site. All irrigation ditches are required to be piped or otherwise covered in accord with UDC 11-3A- 6A. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Existing Structure(s): There is an existing dwelling and outbuilding depicted on Lot 11, Block 1 that is proposed to remain. These structures comply with the setback requirements of the R-8 zoning district. Building Elevations: The applicant has submitted three pictures of typical sample building elevations for future homes in this development as well as the portion proposed to develop in Phase 2, included in Exhibit A.5. Building materials appear to consist of a mix of horizontal and vertical siding and stucco with stone accents; specific materials will be finalized prior to the final plat submittal. Because homes on lots that back up to S. Eagle Road and E. Amity Road will be highly visible, staff recommends the rear of structures on lots that face these streets incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. A 5-foot tall vinyl privacy fence is proposed to be constructed by the developer around the perimeter of the subdivision as shown on the landscape plan. Staff recommends a 6-foot tall perimeter fencing is provided as an added buffer to existing rural residential properties as well as new residents adjacent to Eagle and Amity Roads. The UDC requires the developer to install fencing adjacent to micropath connections to distinguish common from private areas in accord with the standards listed in UDC 11-3A-7A.7. Fencing adjacent to all pathways and interior common open space areas is required to be open vision if 6 feet in height or 4 feet in height if closed vision fencing is proposed. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 11/10/14) & Roadway Sections EXHIBIT A Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 13 3. Proposed Conceptual Development Plan (dated: 11/10/14) 4. Proposed Landscape Plan (dated: 11/10/14) 5. Conceptual Building Elevations 6. J-U-B Technical Memorandum dated July 22, 2014 B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map Annexation Area Preliminary Plat Area EXHIBIT A Exhibit A Page 2 2. Proposed Preliminary Plat (dated: 11/10/14) & Roadway Sections - REVISED NOT APPROVED EXHIBIT A Exhibit A Page 3 EXHIBIT A Exhibit A Page 4 EXHIBIT A Exhibit A Page 5 3. Proposed Conceptual Development Plan (dated: 11/10/14) - REVISED EXHIBIT A Exhibit A Page 6 4. Proposed Landscape Plan (dated: 11/10/14) NOT APPROVED EXHIBIT A - 2 - 5. Conceptual Building Elevations EXHIBIT A - 3 - 6. J-U-B Technical Memorandum dated January 30, 2015 EXHIBIT A - 4 - EXHIBIT A - 5 - EXHIBIT A - 6 - EXHIBIT A - 7 - EXHIBIT A - 8 - EXHIBIT A - 9 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to S. Eagle Road and E. Amity Road, both arterial streets, is prohibited in accord with UDC 11-3A-3, except for emergency access only as depicted on the plat. b. Future development of this site shall be generally consistent with the preliminary plat, conceptual development plan, and building elevations depicted in Exhibit A and the requested modifications included in this report. c. The rear of homes on lots that face S. Eagle Road and E. Amity Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. d. The existing home that is proposed to remain on Lot 11, Block 1 (Allen home) and the existing home on a lot in the future Phase 2 development (Morgan home) shall be required to hook up to City water and sewer service within 60 days of services being available per Meridian City Code 9-1-4 and 9-4-8. Applicant shall be responsible for the payment of all assessments and permit fees, as well as the physical work necessary to accomplish the connections. e. Vehicular access to the Luke parcel (Parcel #S118336250) shall be provided through the subject property and a cross-access easement shall be granted accordingly and recorded. f. A minimum 5-foot wide pedestrian pathway shall be provided within the 30-foot wide common area depicted on the conceptual development plan along the northern boundary of the annexation area for pedestrian access to the school site to the east. g. Public street frontage shall be provided to the Taylor property (Parcel No. R5475470020) via S. Martinel Avenue. h. The 10-foot wide common area shown on the conceptual development plan along the northwest boundary of the annexation area should be included in the adjacent building lots unless the easement holder requires it to be in a common lot. 1.1.2 The preliminary plat included in Exhibit A.2, dated 11/10/14, shall be revised as follows: a. Revise notes #2.2 and #2.3 to include a 10-foot wide permanent public utility, drainage and irrigation easement, instead of an 8-foot wide easement. b. Revise note #7 to include who will own and operate the pressurized irrigation service. c. Include a note stating the purpose and holder of the 12-foot wide easement depicted on the plat along the south, west and north boundaries of the subdivision. The existing plat states it is a permanent public utilities, drainage and irrigation easement. This easement may be vacated if no longer needed. EXHIBIT A - 10 - d. In the situate statement on Sheet PP-1, it should be noted that this is a re-subdivision of Lot 1, Block 1, Martinel Subdivision. e. Provide a minimum 5-foot wide paved or concrete pedestrian pathway to the property to the north (Parcel No. R5475470020) along the west side of Lot 22, Block 1 for future neighborhood interconnectivity. f. Provide a minimum 15-foot wide common lot along the south side of Lot 29, Block 1 for a pathway connection to the future sidewalk along S. Eagle Road. 1.1.3 The landscape plan included in Exhibit A.4, dated 11/10/14, shall be revised as follows: a. Include mitigation information on the plan in accord with UDC 11-3B-10C for any existing healthy trees on the site that are proposed to be removed (if applicable). b. The unimproved street right-of-way along S. Eagle and E. Amity Roads is greater than 10 feet from the edge of pavement to edge of sidewalk; this area is required to have a 10-foot wide compacted gravel shoulder meeting ACHD’s construction standards and should be landscaped with lawn or other vegetative groundcover in accord with UDC 11-3B-7C.5. The landscape plan should be revised to comply with this requirement. c. Include a calculations table demonstrating compliance with the qualified open space requirements listed in UDC 11-3G-3B; the parkway planting requirements listed in UDC 11- 3A-17E and 11-3B-7C; and street buffer landscaping requirements listed in UDC 11-3B-7C. d. Include tree classification in plant legend. e. Depict a minimum 5-foot wide detached sidewalk along S. Eagle Road in accord with UDC 11-3A-17C. f. Provide a minimum 5-foot wide paved or concrete pedestrian pathway to the Taylor property to the north (Parcel No. R5475470020) within Lot 23, Block 1 along the west side of Lot 22, Block 1 for future neighborhood interconnectivity. g. Provide a minimum 15-foot wide common lot with a 5-foot wide sidewalk along the south side of Lot 29, Block 1 for connection to the sidewalk along S. Eagle Road. Landscaping shall be provided in accord with the standards listed in UDC 11-3B-12C. h. Revise the plan to provide a minimum of 10% qualified open space in accord with the standards listed in UDC 11-3G-3B. The open grassy areas depicted on the plan are required to be a minimum of 50’ x 100’ in area to be counted as qualified open space. i. Perimeter fencing shall be 6 feet in height instead of 5 feet. 1.1.5 A private street application shall be submitted to the Planning Division of the Community Development Department prior to or concurrent with the final plat application. 1.1.6 All private streets within the development shall be designed and constructed in accord with the standards listed in UDC 11-3F-4. 1.1.7 Submit a detail of the gated entry for the private street with the final plat application. 1.1.8 A cross-access easement shall be granted to Parcel No. S1128336250 for access to the private streets (Nick Loop & Mikael Lane) via a note on the plat. If a separate access easement is recorded in addition to the note on the plat, a copy shall be provided to the City with submittal of the final plat application or with the final plat for the City Engineer’s signature. 1.1.9 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. EXHIBIT A - 11 - 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. EXHIBIT A - 12 - 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 The applicant has proposed modifications to the Public Works Department’s 2010 Sanitary Sewer Master Plan, and as a result an analysis was conducted by the Public Works Department’s consultants, J-U-B Engineers, Inc., to determine the efficacy of that proposal. A Technical Memorandum was supplied to the Public Works Department by J-U-B that details six separate Scenarios for service to the area and routing, and of those six Scenarios, the Public Works Department has selected a combination of Scenarios 5 and 6. A copy of the J-U-B Technical Memorandum has been included as Exhibit #6 herein. The applicant shall be required to design and construct the sanitary sewer systems serving this development accordingly. 2.1.2 Water service to this development is master planned to come from mains that would need to be constructed from the existing mains in South Eagle Road and E. Amity Road. The applicant shall be required to connect the internal mains to the existing water main in S. Eagle Road near the northwest corner of the development. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. EXHIBIT A - 13 - 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can’t be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. EXHIBIT A - 14 - 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT EXHIBIT A - 15 - 4.1 All electric gates are required to be 20’ in width and equipped with a Knoxbox key switch as set forth in International Fire Code Section 503.6 & National Fire Protection Standard 1141, Section 5.3.17.3 and a keypad override. 4.2 This project will be required to provide a 20’ wide swing or rolling emergency access gate as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a Knoxbox padlock which has to be ordered thru the Meridian Fire Department. All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway, unless other provisions are made for safe personnel operations as set forth in National Fire Protection Standard 1141, Section 5.3.17. 4.3 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARK’S DEPARTMENT 6.1 The Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT (Draft Comments) 7.1 Site Specific Conditions of Approval 7.1.1 Construct a 5-foot wide detached concrete sidewalk located 41-feet from the centerline of Amity Road abutting the site, as proposed. Provide a permanent right-of-way easement for the public sidewalks located outside of the dedicated right-of-way. 7.1.2 Widen the pavement on Amity Road to 17-feet from centerline plus a 3-foot wide gravel shoulders abutting the site. 7.1.3 Dedicate right-of-way to total 48-feet from the centerline of Eagle Road where is does not currently exist abutting the site. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building p ermit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right -of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 7.1.4 Construct a 5-foot wide detached concrete sidewalk located a minimum of 42-feet from the centerline of Eagle Road abutting the site. Provide a permanent right-of-way easement for the public sidewalks located outside of the dedicated right-of-way. 7.1.5 Widen the pavement on Eagle Road to 17-feet from centerline plus a 3-foot wide gravel shoulders abutting the site. 7.1.6 Construct Martinel Avenue to intersect Amity Road 895-feet east of Eagle Road. Construct the entry portion of the road with two 14.5-foot wide travel lanes, a 10-foot wide center landscape island, vertical curb, gutter, and 5-foot wide attached concrete sidewalks within 58-feet of right- of-way. Provide written Fire Department approval for use of the 14.5-foot wide travel lanes or redesign the street with 20-foot wide travel lanes on either side of the center landscape island. EXHIBIT A - 16 - 7.1.7 Dedicate the center landscape island on Martinel Avenue as right-of-way owned by ACHD. Enter into a license agreement for any landscaping proposed within the center landscape island. 7.1.8 Construct the remaining portions of Martinel Avenue as a 33-foot street section with rolled curb, gutter, and 5-foot wide attached concrete sidewalk within 50-feet of right-of-way, as proposed. Provide written approval for use of the reduced street section from the Meridian Fire Department. 7.1.9 The right-of-way for Martinel Avenue shall extend to the site’s east property line abutting the Diamond View Assisted Living facility (parcel No. S1128336506). 7.1.10 Construct one stub street to the north, Martinel Avenue. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.11 Construct a paved temporary cul-de-sac turnaround with a minimum radius of 45-feet at the terminus of Martinel Avenue. Grant a temporary turnaround easement to the District for those portions of the cul-de-sac which extend beyond the dedicated street right-of-way. 7.1.12 Construct 1 gated private road, Mikael Lane, to intersect Martinel Avenue, located approximately 190-feet north of Amity Road. Located the gate a minimum of 50-feet from the edge of the right- of-way of Martinel Avenue. Pave the private road its full width at least 30 -feet into the site beyond the edge of Martinel Avenue. 7.1.13 Other than access specifically approved as part of this application direct lot access is prohibited to Amity and Eagle Roads and shall be noted on the final plat. 7.1.14 Payment of impacts fees are due prior to issuance of a building permit. 7.1.15 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. EXHIBIT A - 17 - 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A - 18 - C. Legal Description & Exhibit Map for Annexation Boundary EXHIBIT A - 19 - EXHIBIT A - 20 - EXHIBIT A - 21 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject property with an R-8 zoning district and develop 10.37 acres of the site with 31 single-family residential lots at a gross density of 2.99 dwelling units per acre with the a “step” down in density from MDR to LDR. Therefore, tThe City Council finds that the proposed map amendment does not compliesy with the provisions of the Comprehensive Plan and should be is not compatible with adjacent rural residential and agricultural uses (see section VII above for more information) and finds an R-4 zoning district and subsequent development is more compatible. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-8 R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment to R-4 will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of s ervices by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds annexing this property with an R-8 R-4 zoning district is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. EXHIBIT A - 22 - b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based on comments from the public service providers (i.e., Police, Fire, ACHD, etc.) (See Exhibit B for more detail). e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: 5E PROJECT NUMBER: H-2015-0022 ITEM TITLE: Paramount Subdivision Development Agreement for Approval: Paramount Subdivision (H-2015- 0022) Generally Located at the Southeast Corner of W. Chinden Boulevard (SH 20/26) and N. Fox Run Way 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 ADA COUNTY RECORDER Christopher D. Rich 2016-005060 BOISE IDAHO Pgs=26 LISA BATT 01/20/2016 01:29 PM MERIDIAN CITY NO FEE II I II I I I III VIII I II II II I I I I I I I II I I I II I II'IIIII III 00186891201600060600260260 2nd ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Development, Inc., Owner/Developer This 2nd addendum is made and entered into this 10� day of -)cnUcKykA Qo114 2.9i-5, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idah - , ereafter called CITY, and Brighton Development, Inc., whose address is 12601 W. Explorer Drive, Suite 200, Boise, ID 83713, hereinafter called OWNER/DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT on August 14, 2004 (Instrument # 103137116) and an ADDENDUM TO DEVELOPMENT AGREEMENT on July 24, 2013 (Instrument # 113083665). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and the Addendum to the Development Agreement and in accordance with the terms in this 2nd Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement and the Addendum to Development Agreement except as specifically amended by the following: SECTION 3: DEFINITIONS: 3.4 "PROPERTY": means and refers to the property in the original Development Agreement (Instrument # 10313 7116) as well as the property described in the attached Exhibit "A ". SECTION 6: CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY.• Owner/Developer shall develop the property in accordance with the original Development Agreement (Instrument #1031317116) and the Addendum to Development Agreement (Instrument # 113083665). In addition, the following provisions shall also be required: ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2015-0022 PARAMOUNT SUBDIVISION) PAGE I OF 5 1. Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11-3A-3 and 11 -3H -4B. 2. A minimum 35 foot wide street buffer is required along W Chinden Boulevard, an entryway corridor, on the C -C and TN -C zoned properties and shall be landscaped in accord with the standards listed in UDC 11 -3B -7C. 3. A 10 foot wide multi -use pathway shall be provided within the street buffers along W. Chinden Boulevard, along the west side off. Meridian Road, and along the north side of W Director Street within a public use easement in accord with UDC 11 -3H -4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to issuance of any Certificate of Zoning Compliance or, approval of any subsequent land use application for the C -C and TN -C zoned properties. 4. Right-of-way (ROW) shall be dedicated in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the C -C and TN -C zoned properties adjacent to Chinden Boulevard. 5. A Certificate of Zoning Compliance and subsequent building permit application is allowed to be submitted for approval prior to recordation of the first phase of the subdivision where the assisted living facility is proposed to develop. The first phase final plat shall be recorded prior to issuance of the Certificate of Occupancy for the assisted living facility. 6. The two accesses via N. Fox Run Way, a collector street, are allowed as depicted on the site plan. 7. Development of the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way where the assisted living facility is proposed shall be generally consistent with the concept plan shown in Exhibit A.4 of the Staff Report that was approved with the Findings of Fact and Conclusions of Law approved by Meridian City Council on December 8, 2015, attached hereto as Exhibit "B ". 8. A modification of the development agreement is required to include a conceptual development plan for the TN -C and C -C zoned property located at the southwest corner of W. Chinden Blvd, and N. Meridian Road and at the southwest corner of W. Chinden Blvd. and N. Fox Run Way prior to submittal of a Certificate of Zoning Compliance application (f required) or issuance of any building permits. The concept plan(s) should include a site plan showing access and circulation; a mix of at least 3 land use types; and residential densities ranging from 6 to 15 units/acre in the MU -C designated area and 3 to 8 units/acre in the MDR designated area as required in the Comprehensive Plan (pgs. 27-28 and pg. 20 respectively). 9. Construction of the street buffer landscaping and associated 10 foot wide multi -use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2015-0022 PARAMOUNT SUBDMSION) PAGE 2 OF 5 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owners/Developers of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owners/Developers and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owners/ Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2015-0022 PARAMOUNT SUBDNISION) PAGE 3 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BRIGHTON DEVELOPMENT, INC. BY: CITY OF MERIDIAN Attest: Gose "v.pTGD AU�,LS�l City OE EP\IDIAN? Jaycee olman, City Clerk T SEAL AFB V Pti Ide TI!C\SU ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2015-0022 PARAMOUNT SUBDIVISION) PAGE 4 OF 5 STATE OF IDAHO ) ss: County of Ada, On this � ay of , 20 before me, thy, ersigned, allotary Public in and rr for sa' State, ersonally appeared VF W 2%hl- wn or identified to me to be the of Brighton Development, Inc., and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. -c'-, � dl2v�xv jy0 , ', t s€ N tary Pu li for Ida esiding at: Qr/ Commission E Tres: e/ STATE OF IDAHO ) : ss County of Ada On this day of 2915 before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L-14olman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .•Oven&•. .•'1G A J01V••. x•55 p`t``,R,jg�•,s ; (SEAL) '4r oil?***IOF Notary ub11cfo Residing at: vl Commission expires: �� ptr� 0"-)o ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2015-0022 PARAMOUNT SUBDIVISION) PAGE 5 OF 5 Exhibit A: Legal Description for Property Annexed with Paramount Northeast (AZ -13-005) Date: May 21, 2013 Project No, 113901 THE LAND CROUP, INC. PARAMOUNT NORTHEAST ANNEXATION .DESCRIPTION A parcel of land located in the NE 1/4 of Section 25, T. 4 N., R. 1 W., B,M., Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the section corner common to Sections 24 and 25 of said T. 4 N., R. 1 W., and Sections 19 and 30 of T. 4 N., R. 1 E., B.M., (from which point the 1/4 Section Corner common to said Sections 24 and 25 bears North 89°37'01" West, 2669.33 feet distant); Thence South 00°25'09" West, 975.74 feet on the section line common to said Sections 25 and 30; Thence North 89036'40" West, 1989.76 feet to a point on the easterly right-of- way line of North Fox Run Way, said point also being on the easterly boundary line of Paramount Subdivision No. 5, as same is shown on the Plat thereof recorded in Book 92 of Plats at Page I0969 of Ada County Records; Thence on the easterly boundary line of said Paramount Subdivision No. 5 for the following courses and distances: "Thence North 00033'16" East, 153.06 feet to a point of curve; Thence 161.04 feet on the are of a curve to the left, said curve having a radius of 206.50 feet, a central angle of 44°41'01" and a chord distance of 156.99 feet which bears North 21047'15" West; Thence North 44107'45" West, 267.59 feet to a point of curve; Thence 93.95 feet on the arc of a curve to the right, said curve having a radius of 120.50 feet, a central angle of 44'40'10" and a chord distance of 91.58 feet which bears North 21'47"10" West; Thence North 00°32'25" last, 200,63 feet to a point of curve; jr Lnrr4mpe Arrhir;rrnrr *.Vitt ria f Oterrr l rni gfiax e'" Engiffeedg3 «C n pbir Co vyauvrnr`z Mica 462 E Shore Drive, Ste. 100, Eagle, Idaho 83616 «P 208,939.4041 F 208,939.4445 • wwwandandgroupinc.com TILL' LAND GROUP; INC. Thence 14.76 feet on the arc of a curve to the right, said curve having a radius of 20.50 feet, a central angle of 41614'48" and a chord distance of 14.44 feet which bears North 21609'49" East to a point of reverse curve; Thence 33.11 feet on the are of a curve to the left, said curve having a radius of 46.00 feet, a central angle of 41'1448" and a chord distance of 32.40 feet which bears North 21609149" East; Thence North 00"32'25" East, 85.09 feet to a point of curve; Thence 31.36 feet on the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 89°50'34" and a chord distance of 28.25 feet which bears North 45627'42" Cast; Thence North 00°22'59" East, 52.00 feet to a point on the section line common to said Sections 24 and 25; Thence leaving the boundary line of said Paramount Subdivision No. 5, South 89637'01" East, 223393 feet on the section line common to said Sections 24 and 25 to the point of beginning. Said parcel contains 48.32 acres more or less. Also including: A parcel of land located in the NW 1/4 of the NE 114 of Section 25, T. 4 N., R, 1 W., B,lvi., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 24 and 25 of said T. 4 N., R. 1 W., and Sections 19 and 30 of T. 4 N., R. 1 E., B,M.; Thence North 89637'0 t" West, 2669.33 feet on the section line common to said Sections 24 and 25 to the 114 Section Corner common to said Sections 24 and 25, said point being the REAL POINT OF BEGINNING; Thence reversing direction, South 89°37'01" East, 303.40 feet on the section Rine common to said Sections 24 and 25; Thence leaving said section line, South 00°22'59" 'Nest, 52.00 feet to a point of curve on the westerly right o- way line of North Fox Run Way, said point also being on the westerly boundary line of Paramount Subdivision No. 5, as same is shown on the flat thereof recorded in Book 92 of Plats at Page 10969 of Ada County Records; iT 2 l.-ondst pe Ar'hittr1u& • Sita Planniq + Cicr`l Er rjirerrins • Go#'Conrst l rY gdfi6n & Eugineerins • Graphir commiliratiat 462 I.. Shore Drive, tits. 100, Ingle, Idaho 83016 61' 2088 039,4041 1,208-939,444.5 . vr�v.nc�l «sdprt5ii ant.cnm THE LAND GROUP, INC, Thence on the westerly and northerly boundary line of said Paramount Subdivision No. 5 for the following courses and distances: Thence 31,47 feet on the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°09'26" and a chord distance of 28.32 feet which bears South 44°32'18" last; Thence South 00032'25" West, 84,73 .feet to a point of curve; Thence 33,11 feet on the are of a curve to the left, said curve having a radius of 46,00 feet, a central angle of 41'14'48" and a chord distance of 32.40 feet which bears South 20004'59" bast to a point of reverse curve; `1'henee 14.76 feet on the arc of a curve to the right, said curve having a radius of 20.50 feet, a central angle of 41 ° 14'48" and a chord distance of 14.44 feet which bears South 20°04'59" East; Thence South 00132'25" West, 200,63 feet to a point of curve; Thence 139.94 feet on the arc of a carve to the left, said curve having a radius of 179.50 feet, a central angle of 44°40'10" and a chord distance of 136.43 feet which bears South 21'47'40" East; Thence South 44°07'45" least, 149.80 feet; Thence South 45°52'15" West, 25.00 feet; Thence North 86115`58" West, 225.83 feet; Thence North 89°26'44" West, 254,00 feet to a point on the north -south mid- section line of said Section 25; Thence leaving the northerly boundary line of said Paramount Subdivision No. 5, North 00032125" East, 638.03 feet on the north -south mid-section line of said Section 25 to the real point of beginning. Said parcel contains 5.25 acres more or less. PREPARED BY:LA THE LAND GROUP, INC. r James R. Washburn, PLS .a S -fit - 2i71? .r "'< W Ltrerlira.eArrhitartxrr +Silo 111anniq • Clcdl E114iliffriq r Gql Calif Irtalim a H)lA meriq r G'rr+�WI6.011.1il /iau 462 E. Shore Drive, Ste. 100, ra81e, Idaho 83616 M P 208.939.4041 F 208,939.4446 * -,, i�ic.cotr" CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0022 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Paramount Subdivision to Include the 53.57 Acres of Land Annexed with AZ-13-005 (Paramount Northeast); and a Conceptual Development Plan for that Area, by Brighton Investments, LLC. Case No(s). H-2015-0022 For the City Council Hearing Date of: November 24, 2015 (Findings on December 8, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 24, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 24, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 24, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 24, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0022 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 24, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a development agreement modification is hereby approved per the provisions in the Staff Report for the hearing date of November 24, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 24, 2015 By action of the City Council at its regular meeting held on the day of ,r , 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTEDl� COUNCIL MEMBER DAVID ZAREMBA VOTED__V-- COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED HLO — MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ` u� - - . or Ta de Weerd GO�pORATrb,j�c ti� Gs� J Attest: F tii Jaycee HoWan Z`drREAsuP�V��� City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Dated: ��� /�✓ City rk's f i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0022 - 3 - EXHIBIT A Paramount Subdivision – MDA H-2015-0022 1 STAFF REPORT HEARING DATE: November 24, 2015 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: H-2015-0022 – Paramount Subdivision - MDA I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Brighton Investments, LLC, requests a modification to the existing development agreement (MDA) for Paramount Subdivision to include the 53.57 acres of land annexed with AZ-13-005 (Paramount Northeast); and a conceptual development plan for that area. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant and as recommended by staff per the provisions listed in Exhibit A.2. The Meridian City Council heard these items on November 24, 2015. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Mike Wardle ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. The timing and phasing for construction of the street buffers required on this property; ii. Allowance for the submittal of Certificate of Zoning Compliance and building permit applications prior to the property being subdivided; and iii. The number of access points via N. Fox Run Way. c. Key Council Changes to Staff/Commission Recommendation i. Modify DA provision #5 in Exhibit A.2 to allow a Certificate of Zoning Compliance and subsequent building permit application to be submitted and approved prior to recordation of the first phase of the subdivision which will include the property proposed to develop with an assisted living facility; the final plat for the first phase shall be recorded prior to issuance of the Certificate of Occupancy for the assisted living facility; ii. Modify DA provision #6 in Exhibit A.2 to allow both of the access driveways via N. Fox Run Way as proposed on the site plan; iii. Modify DA provision #3 in Exhibit A.2 to include the requirement for a 10-foot wide multi- use pathway to be constructed along the west side of N. Meridian Road and the north side of W. Director Street. iv. Include a DA provision stating that the street buffer landscaping and associated 10 -foot wide multi-use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development (see DA provision #9 in Exhibit A.2). EXHIBIT A Paramount Subdivision – MDA H-2015-0022 2 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0022 as presented in the staff report for the hearing date of November 24, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2015-0022 as presented during the hearing on November 24, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2015-0022 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: Paramount Subdivision generally encompasses property that is located south of W. Chinden Boulevard, east of N. Linder Road, west of N. Meridian Road and north of W. McMillan Road. The property that is the subject of the MDA is located at the southeast corner of W. Chinden Blvd. (SH 20/26) and N. Fox Run Way, in the northeast ¼ of Section 25, Township 4N., Range 1W. B. Owners: Brighton Investments, LLC 12601 W. Explorer Drive., Ste. 200 Boise, ID 83713 C. Applicant: Same as Owner D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 2, and 16, 2015 C. Public Service Announcement broadcasted on: November 6, 2015 D. Applicant posted notice on site by: November 13, 2015 VI. LAND USE A. Existing Land Use(s): The subject area of the MDA consists of property that was annexed into the City but is not yet developed, zoned C-C and TN-C; the property is currently being farmed. B. Character of Surrounding Area and Adjacent Land Use and Zoning: EXHIBIT A Paramount Subdivision – MDA H-2015-0022 3 North: W. Chinden Blvd. and rural residential, undeveloped, and commercial property, zoned R1 and MU-DA in Ada County respectively West: Agricultural/undeveloped land, zoned C-C South: Single-family residential properties in Paramount Subdivision, zoned R-8 East: N. Meridian Road and a church, zoned RUT in Ada County C. History of Previous Actions:  In 2003, the following applications were approved for the larger Paramount Subdivision which did not include the portion of the property that is the subject of the MDA:  Annexation and zoning (AZ-03-006) of 397.11 acres of land with R-8, R-40, L-O and C-G zones. A development agreement (DA) was required as a provision of annexation, recorded as Instrument No. 103137116;  Preliminary plat (PP-03-004) consisting of 764 building lots on 397.11 acres of land; and  Conditional use permit for a planned development (CUP-03-008)  In 2007, a modification to the DA (MI-07-007, Paramount Commercial Southwest) was approved and recorded as Instrument No. 107145935. The amendment removed the CUP requirement and required design review approval instead for all commercial development in the C-G zoned portion of the site located at the northeast corner of N. Linder Road and W. McMillan Road.  In 2008, a modification to the DA (MDA-08-001) was approved and recorded as Instrument No. 108108427. The amendment allowed a church and other specified uses to develop in the L-O zoned portion of the site located at the southwest corner of W. Producer Drive and N. Meridian Road.  In 2013, the DA was modified (MDA-13-010) to update the DA to focus on allowed uses within the subdivision rather than specific numbers of building lots, common lots, dwelling units, and square footage of commercial space; specific numbers of each were removed (Instrument No. 113083665).  Also in 2013, the majority of the property that is the subject of the MDA was annexed (AZ-13-005, Paramount Northeast). A preliminary plat (PP-13-008) was also approved but it only included a small portion of the land that was part of the annexation area along the south boundary. VII. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the existing development agreement (MDA) (Instrument No. 103137116, amended as Instrument No. 113083665) for Paramount Subdivision to include the 53.57 acres of land annexed with AZ-13-005 (Paramount Northeast); and a conceptual development plan for the majority of that area. Prior to annexation ordinance approval, the developer was required to amend the existing DA for Paramount Subdivision to include the land annexed with Paramount Northeast and the following provisions: (Note: The annexation ordinance was inadvertently approved without the DA being amended; the subject application will finalize the requirements for the annexation.)  “A conceptual development plan that includes a circulation plan, for the area adjacent to Chinden Boulevard proposed to be annexed with C-C and TN-C zoning. This provision is satisfied with the conceptual use and circulation plan submitted with this application included in Exhibit A.4.  Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11-3A-3 and 11-3H-4B. EXHIBIT A Paramount Subdivision – MDA H-2015-0022 4  A minimum 35-foot wide street buffer is required along W. Chinden Boulevard, an entryway corridor, on the C-C and TN-C zoned properties and shall be landscaped in accord with the standards listed in UDC 11-3B-7C.  A 10-foot wide multi-use pathway shall be provided within the street buffer along W. Chinden Boulevard within a public use easement in accord with UDC 11-3H-4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to issuance of any Certificate of Zoning Compliance or, approval of any subsequent land use application for the C-C and TN-C zoned properties.  Right-of-way (ROW) shall be dedicated in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the C-C and TN-C zoned properties adjacent to Chinden Boulevard.” The applicant submitted a conceptual development plan as required for the portion of the annexation area at the southeast corner of W. Chinden Blvd. and N. Fox Run Way (see Exhibit A.4). The portion of the annexation area at the southwest corner of Chinden/Fox Run was not included in the concept plan; therefore, Staff recommends the DA is modified in the future to include a conceptual development plan for that area prior to submittal of a Certificate of Zoning Compliance application. The proposed concept plan includes a detailed plan for the C-C zoned area at the southeast corner of Chinden/ Fox Run where a 56,543 square foot residential care facility is proposed; a conditional use permit application is currently in process for this use. The plan for the remainder of the C-C and TN-C zoned site to the east and south is very conceptual and only depicts “future residential” uses; the type of residential use(s) is not specified. A circulation plan is shown that depicts two access points via N. Fox Run Way to the portion of the site proposed to develop with a residential care facility and three other accesses via Director Street with cross-access between the residential designated areas and the proposed residential care facility. A phased 35-foot wide landscape buffer and 10-foot wide multi-use pathway is also depicted along W. Chinden Blvd. with 30 feet for future right-of-way for a total of 70 feet from centerline. The C-C zone only allows multi-family and vertically integrated residential uses; the portion of this zone outside of the residential care facility site may need to be rezoned in the future if a different type of residential use is proposed other than those allowed. The TN-C zone allows single-family, townhouse, duplex, multi-family, and vertically integrated residential uses. This area is designated on the Comprehensive Plan Future Land Use Map (FLUM) as MU-C (Mixed Use - Community) (25+/- acres) and MDR (Medium Density Residential) (17+/- acres) as shown below. XY""d""d #1 #1 R-15 R-15 C-C L-O C-N RUT R-8 R-4 RUT C-C R-2 R-15 C-C R-4 L-O R-8 R-4 L-O RUT RUT TN-C RUT R-2 R-15 R1 RUT RUT RUT L-O C-C R-4 C-G R-8 RUT RUT L-O RUT C-G R-8 RUT C-C C-N RUT R-8R-15 R-4 R-4 R-8 R-8 C-G R1 L-O R-8 R-8 R-15 R-8 R-40 L-O RUT RUT C-N L-O R-8 N L o n g L a k e W a y W McMillan Rd E McMillan Rd E Chinden Blvd N GoddardCreek Way N M e r i d i a n R d WCayuseCreekDr N L o c u s t G r o v e R d W Chinden Blvd N L i n d e r R d WAnatoleDr N L a n d o n Cr e e k P l E SanPedroSt WWolfRapidsDr W P e c k S t W D i r e c t o r S t N M i t c h u m A v e W Boulder Bar Dr WDeerCrest D r E Handel St W V a l e n t i n o S t W C r o s b y D r W C a g n e y S t E YuccaCanyonSt E BoulderBar St W Pr o d u c e r D r N A r l i s s Av e E Meadow Creek Dr W Ramsbrook St W Heston Dr N S a g u a r o H i l l s A v e N R o s a S p r i n g s A v e E Rio Col i n a s D r W Tango Creek Dr WBacall Dr N S e n i t a H i l l s A v e W Kingsley S t N C h o p i n A v e N Tango Rapids Way E Strauss D r W SelwayRapids Ln E Everest St E G r a nd Canyon Dr N S t a r r y N i g h t A v e W Br o d e r i c k D r E San Pedro St W Root Creek St N S c h u m a n n A v e WRattlesnakeDr E Quinte s s a D r WDeerCrestSt N Penngrove Way WDivideCreekSt W G a b l e S t N Wild Goose Way N D o n a v a n A v e E E n s e n a d a D r E Segundo St WLadleRapidsSt WMartenCreekDr N R e d H i l l s A v e N B o o t h Av e WGladeCreekSt W CedarGrove St E Comisky St N F o x R u n W a y WEagleMountainDr WDitchCreekDr N W y m a n A v e N D i e t r i c h A v e E Tuttle St N R e d Ho r s e W a y N S a g u a r o H i l l s A v e WHamRapidsSt WCayuseC r e e k D r E Pasacana St WApgarCreekDr E Havasu Falls St W Root Creek St E Grand Canyon St W Peach Springs St N Moose Creek Ave E I r o n s t o n e D r E Handel St N Isla A v e N T i m b e r l i n e W a y EAzan S t W Pachino St N S u m m i t W a y W Salerno St W D r e y f u s s S t N P i n e r y C a n y o n A v e E Bonita Canyon St E Cholla Hills St W G ladeCreekDr WAnatoleSt W TidaSt E GlasgowSt WBalata Ct WKellyCreekDr W RootCreek St N K e a t o n Av e E Handel Ct E Commander St E Yucca Canyon St E GoldenOak Ct E Senita Canyon St W KingsleyDr E ComiskySt E PaintedHillsDr W Bacall St W Divide Creek St E OcelotCt W LosFlores Ct N Silver Maple Ave E T h ree C o r n er s D r W Cedar Grove St N L o n g L a k e W a y E ChollaHills St N S p u r w i n g W a y E Silver Torch St N M i t c h u m Av e N S p a n g l e Av e N R o s a S p r i n g s A v e N S e n i t a H i l l s A v e W I s land Gree nDr E SegundoSt E Handel St N B e a h a m A v e N Mi g u e l Ave N P e p p a r d Av e WLosFlor e s D r N Te r e s i t a Ave N S a g u a r o Hi l l s P l E Ocelot St WAstonteDr E Pasacana St N M i d n i g h t H a z e W a y WBrandtLn N S c h u b e r t A v e W Barrymore D r W V a l e ntinoDr W SelwayRiver Ln N E l k R a n c h L n W Milazzo St WHungry CreekDr W DitchCreek Dr W Divide Creek St W Arnaz St W Everest Ln W C o l b e r t S t W P i c k f o r d S t W V a l e n t i n o S t W C a g n e y S t W Grand Teton Dr WCedarGroveSt WPuzzleCreekDr WHitchcock St WRattlesnakeDr WGladeCreekSt WThreeLakesDr N D i a m o n d C r e e k A v e N Mink Creek Ave N R i o V i s t a W a y N F l a t T a i l W a y N A r l i s s A v e N T e e k e m F a l l s W a y N C l o o n e y Av e N C l a r e t C u p W a y NDebussy Way N R e d H o r s e W a y E P r o d u c e r D r E Mozart St N Z a c h a r y W a y N Silver Elm Way N D e m i l l e A v e N B a r n e y Ln N F o x R u n W a y N J e r i c h o R d N Lolo Pass Wa y NPenncross Way WQuintaleDr N L a n g e A v e N B a c h Av e N M o r n i n g D e w A v e WWapootDr W R e dgrave D r N B e a h a m A v e N C h a n n i n g Wa y N B e a h a m Av e N Stanley Creek Ave N Be a h a m A v e N A l e s t e r A v e W C a g n e y D r NSpurwing Way N S u n S h i m m e r A v e E D u n w o odyC t N L a r k w o o d P l N L a r k w o o d P l XY""d""d #1 #1 MEDIUM DENSITY RESIDENTIAL MU-C COMMERCIAL CIVIC MU-N MU-N OFFICE CIVIC MU-C MEDIUM DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL MU-C MEDIUM DENSITY RESIDENTIAL MU-C OFFICE OFFICE CIVIC CIVIC MU-C MEDIUM DENSITY RESIDENTIAL CIVIC CIVIC OFFICE OFFICE MU-N MEDIUM DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL CIVIC LOW DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL COMMERCIAL MEDIUM DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL CIVIC MU-N MU-N N.C. Idaho Power N L o n g L a k e W a y W McMillan Rd E McMillan Rd E Chinden Blvd N GoddardCreek Way NCoppe r c l oud Wa y N M e r i d i a n R d WCayuseCreekDr N L o c u s t G r o v e R d W Chinden Blvd N L i n d e r R d WAnatoleDr N L a n d o n C r e e k P l E SanPedroSt WWolfRapidsDr W P e c k S t W D i r e c t o r S t W Boulder Bar Dr W HavasuFallsSt WDeerCrest D r N D y v e r Av e E Handel St W V a l e n t i n o S t W C r o s b y D r W WoodwardSt W C a g n e y S t E Boulder Bar St W Pro d u c e r D r N A r l i s s A v e E Meadow Creek Dr W Ramsbrook St W Bird Wing Dr W Heston Dr N S a g u a r o H i l l s A v e E Rio Col i n a s D r WTangoCreekDr W Laughton Dr N S e n i t a H i l l s A v e N D o v e R i d g e P l W Kingsley S t N C h o p i n A v e N Tango Rapids Way N Big Cedar Ave E Comisky St E Strauss D r WSelwayRapidsLn E Everest St W Br o d e r i c k D r EBearSpringsDr E San Pedro St W Root Creek St E Quinte s s a D r W D e e r C r est St N P e n n g r o v e W a y E Joshua Tree Dr N Z a m o r a W a y W G a b l e S t E StraussCt E San Pedro St N Wild Goose Way N D o n a v a n A v e W PuzzleCreek Ct N B r i g h t An g e l P l E E n s e n a d a D r E Segundo St N G e r t i e P l W Marten Creek Dr N B o o t h A v e W Glade Creek St N R e d Hi l l s P l W CedarGrove St E Comisky St N D u v a l l A v e E Three Corners Dr N Fo x R u n W a y NWild Goose Ave WEagle Mountain Dr WPo n d Stone S t N Lolo Pass Ave E Peach Springs St E WhiteHawk St N W y m a n A v e W Grand T eton Ct E SwiftWater Dr N D i e t r i c h A v e E Tuttle St N S a g u a r o H i l l s A v e N H o p k i n s A v e W C a y u s e C r e e k D r E Pasacana St W Apgar Creek Dr E Havasu Falls St W Root Creek St N B r y n n e r A v e E Grand Canyon St W Peach Springs St E Almos St N C h i m n e y P e a k A v e E Ir o n s t o n e D r E Handel St N Z i o n P a r k A v e N Isl a A v e W C aine St E Tuttle Ct E SanPedroCt N R a t h b o n e A v e N T i m b e r l i n e W a y W Pachino St N S u m m i t W a y W Salerno St E Territo r yDr W D r e y f u s s S t E RedwickCt WApgarCreekLn N S c h u b e r t A v e N P i n e r y C a n y o n A v e E Bonita Canyon St W G ladeCreekDr E Martello Ln WAnatoleSt W Tida St E Lockhart Ln W Kelly Creek Dr W RootCreek St N K e a t o n A v e E H andel Ct E Commander St ETownline Way E YuccaCanyonSt E Senita Canyon St N S c h u b e r t A v e WKingsley Dr E Comisky St EPaintedHillsDr W Bacall St WDivideCreekSt E Ocelot Ct W LosFlores Ct N Silver Maple Ave E T h r e e C o r n e r s D r W Cedar Grove St N L o n g L a k e W a y E ChollaHills St N S p u r w i n g W a y E Silver Torch St N M i t c h u m A v e N S p a n g l e A v e N R o s a S p r i n g s A v e W I s l a n d G r e e n D r E Segundo St E Handel St N P a r k Cr o s s i n g A v e N B e a h a m A v e N M i g u e l A v e N P e p p a r d A v e WLosFlor e s D r N S a g u a r o H i l l s P l E Ocelot St WAstonteDr E Pasacana St N M i d n i g h t H a z e W a y W BrandtLn N S c h u b e r t A v e W Barrymore D r N E l k R a n c h L n W Milazzo St W Ditch Creek Dr W Divide Creek St W Arnaz St W Everest Ln W C o l b e r t S t W P i c k f o r d S t W V a l e n t i n o S t W C a g n e y S t W Grand Teton Dr WCedarGroveSt W P u z z l e Creek Dr WHitchcock St WRattlesnakeDr WGladeCreekSt WThreeLakesDr N P e p p a r d A v e N D i a m o n d C r e e k A v e N M i n k C r e e k A v e N M o r p h e u s W a y N R i o V i s t a W a y N F l a t T a i l W a y N N e w s h a m Av e N Wild Goose Ave N A r l i s s A v e N R e d H i l l s A v e N T e e k e m F a l l s W a y N C l a r e t C u p W a y N Debussy W a y N W h i t e C a p L n NWild Goos e W a y N D u s t o d Av e N S w e e t V a l l e y A v e N B a c h Pl N R e d H o r s e W a y N K a r e n D r E P r o d u c e r D r E Mozart St N Z a c h a r y W a y N T i p t o n A v e N K i l t A v e N R e d H i l l s A v e N S w e e t V a l l e y P l N A b r u z z o A v e N S i l v e r El m W a y N R e d H i l l s A v e N S t a r r y N i g h t A v e N C o u g a r F l a t A v e N S a g u a r o H i l l s A v e N D e m i l l e A v e N B a r n e y L n N Lolo Pass Ave N F o x R u n W a y N J e r i c h o R d N A n n a t a Av e N Lolo Pass Wa y N J u n t u r a A v e N P o r t a g e A v e NPenncross Way N M a x i m u s W a y N B a l l i n g e r W a y N L a r k w o o d A v e WQuintaleDr N L a n g e A v e N B a c h A v e N S u n S h i m m e r A v e N S p u r w i n g Ln N M o r n i n g D e w A v e N S u n S h i m m e r W a y WWapootDr W R edgrav e D r N B e a h a m A v e N C h a n n i n g W a y N R i o L o m a s A v e N B e a h a m A v e N Stanley Creek Ave N B e a h a m A v e N A l e s t e r A v e W C a g n e y D r N M o o s e C r e e k W a y NSpurwing Way N S u n S h i m m e r A v e E D u n w oodyC t N L a r k w o o d P l N L a r k w o o d P l The intent of the MU-C designation is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Development should comply with the general MU-C MDR EXHIBIT A Paramount Subdivision – MDA H-2015-0022 5 guidelines for development in all mixed use areas and have a mix of at least 3 land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. See pages 27-28 in the Comprehensive Plan for more information. The intent of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units/acre. Because the proposed concept plan only depicts a general use of residential and does not include a site plan of specific type or density of residential use(s), and does not incorporate a mix of uses as required in MU-C designated areas, staff recommends the DA is modified prior to development of this area to include a more detailed concept plan. This will ensure the site develops in accord with the MU-C and MDR designations. If the site is intended to develop with all residential uses as shown, an amendment to the Comprehensive Plan may be required if a mix of uses within the overall MU-C area can’t be provided. In regard to access, the UDC (11-3A-3) restricts access to collector streets when access to a local street is available. Two access points are proposed on the concept plan to the assisted living facility site via N. Fox Run Way, a collector street. Staff recommends only one access is allowed via Fox Run with other access being provided via W. Director Street, a local street, at the southern boundary of the site. Because this property is not an original parcel of record as defined by UDC 11-1A-1 and therefore is not considered a legal parcel to build upon, staff recommends the property is subdivided prior to any development occurring on the site. The concept plan shows a phased landscape buffer and multi-use pathway along Chinden Blvd. Staff does not recommend approval of the proposed phasing of these items as shown; typically, street buffers and sidewalks/pathways are required to be installed with the first phase of development along arterial streets. Staff will evaluate the proposed phasing of t hese improvements at the time of preliminary plat application; however, will most likely require the street buffers and multi-use pathway/sidewalk along Chinden Blvd. and N. Meridian Road to W. Director Street to be installed with the first phase of development. Note: In regard to the extension of W. Director Street to N. Meridian Road, the applicant states that the North Slough will be piped prior to the coming irrigation season and W. Director Street will be extended as soon as possible thereafter. Based on the submitted concept plan and staff’s analysis thereof, staff recommends the following provisions are added to the DA in addition to those listed above:  The property shall be subdivided prior to submittal of a Certificate of Zoning Compliance application or issuance of a building permit (as applicable) for any development on the site.  Only one access via N. Fox Run Way, a collector street, is allowed for the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way, north of W. Director Street.  Development of the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way where the assisted living facility is proposed shall be generally consistent with the concept plan shown in Exhibit A.4.  A modification of the development agreement is required to include a conceptual development plan for the TN-C and C-C zoned property located at the southwest corner of W. Chinden Blvd. and N. Meridian Road and at the southwest corner of W. Chinden Blvd. and N. Fox Run Way prior to submittal of a Certificate of Zoning Compliance application (if required) or issuance of any building permits. The concept plan(s) should include a site plan showing access and circulation; a mix of at least 3 land use types; and residential densities ranging from 6 to 15 units/acre in the MU-C designated area and 3 to 8 units/acre in the MDR designated area as required in the Comprehensive Plan (pgs. 27-28 and pg. 20 respectively). EXHIBIT A Paramount Subdivision – MDA H-2015-0022 6 Staff recommends approval of the proposed MDA with the provisions listed above and in Exhibit A.2 and the concept plan in Exhibit A.4. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Modifications to the Development Agreement 3. Legal Description for Property Annexed with Paramount Northeast (AZ-13-005) 4. Proposed Conceptual Development Plan EXHIBIT A Paramount Subdivision – MDA H-2015-0022 7 Exhibit A.1: Vicinity Map Existing DA Boundary: EXHIBIT A Paramount Subdivision – MDA H-2015-0022 8 Proposed Area to be Included in DA: XY""d""d #1 #1 N L o n g L a k e W a y W McMillan Rd E McMillan Rd E Chinden Blvd N GoddardCreek Way NCoppercloud Way N M e r i d i a n R d WCayuseCreekDr N L o c u s t G r o v e R d W Chinden Blvd N L i n d e r R d WAnatoleDr N L a n d o n C r e e k P l E SanPedroSt WWolfRapidsDr W P e c k S t W D i r e c t o r S t W Boulder Bar Dr W HavasuFallsSt W DeerCrest D r N D y v e r Av e E Handel St W V a l e n t i n o S t W C r o s b y D r W WoodwardSt W C a g n e y S t E Boulder Bar St W Pr o d u c e r D r N A r l i s s A v e E Meadow Creek Dr W Ramsbrook St W Bird Wing Dr W Heston Dr N S a g u a r o H i l l s A v e E Rio Col i n a s Dr WTangoCreekDr W Laughton Dr N S e n i t a H i l l s A v e N D o v e R i d g e P l W Kingsley S t N C h o p i n A v e N Tango Rapids Way N Big Cedar Ave E Comisky St E Strauss D r WSelwayRapidsLn E Everest St W Br o d e r i c k D r EBearSpringsDr E San Pedro St W Root Creek St E Quintes s a D r W D e e r C r est St N P e n n g r o v e W a y E Joshua Tree Dr N Z a m o r a W a y W G a b l e S t E StraussCt E San Pedro St N Wild Goose Way N D o n a v a n A v e W PuzzleCreek Ct N B r i g h t An g e l P l E E n s e n a d a D r E Segundo St N G e r t i e P l WMarten Creek Dr N B o o t h A v e W Glade Creek St N R e d Hi l l s P l W CedarGrove St E Comisky St N D u v a l l A v e E ThreeCorners Dr N Fo x R u n W a y NWild Goose Ave WEagle Mountain Dr WPo n d Stone S t N Lolo Pass Ave E Peach Springs St E WhiteHawk St N W y m a n A v e W Grand T eton Ct E SwiftWater Dr N D i e t r i c h A v e E Tuttle St N S a g u a r o H i l l s A v e N H o p k i n s A v e W C a y u s e C r e e k D r E Pasacana St WApgar Creek Dr E Havasu Falls St W Root Creek St N B r y n n e r A v e E Grand Canyon St W Peach Springs St E Almos St N C h i m n e y P e a k A v e E Ir o n s t o n e D r E Handel St N Z i o n P a r k A v e N Isla A v e W C aineSt E Tuttle Ct E SanPedroCt N R a t h b o n e A v e N T i m b e r l i n e W a y W Pachino St N S u m m i t W a y W Salerno St E Territo r yDr W D r e y f u s s S t E Redwick Ct WApgarCreekLn N S c h u b e r t A v e N P i n e r y C a n y o n A v e E Bonita Canyon St W G ladeCreekDr E Martello Ln WAnatoleSt W Tida St E Lockhart Ln WKelly Creek Dr W RootCreek St N K e a t o n A v e E Handel Ct E Commander St ETownline Way E YuccaCanyonSt E Senita Canyon St N S c h u b e r t A v e WKingsley Dr E Comisky St EPaintedHillsDr W Bacall St WDivideCreekSt E Ocelot Ct W LosFlores Ct N Silver Maple Ave E T h r e e C o r n e r s D r W Cedar Grove St N L o n g L a k e W a y E ChollaHills St N S p u r w i n g W a y E Silver Torch St N M i t c h u m A v e N S p a n g l e A v e N R o s a S p r i n g s A v e W I s l a n d G r e e n D r E Segundo St E Handel St N P a r k Cr o s s i n g A v e N B e a h a m A v e N M i g u e l A v e N P e p p a r d A v e WLosFlore s D r N S a g u a r o H i l l s P l E Ocelot St WAstonteDr E Pasacana St N M i d n i g h t H a z e W a y W BrandtLn N S c h u b e r t A v e W Barrymore D r N E l k R a n c h L n W Ditch Creek Dr W Divide Creek St W Arnaz St W Everest Ln W C o l b e r t S t W P i c k f o r d S t W V a l e n t i n o S t W C a g n e y S t W Grand Teton Dr WCedarGroveSt WPuz z l e Creek Dr WHitchcock St WRattlesnakeDr WGladeCreekSt WThreeLakesDr N P e p p a r d A v e N D i a m o n d C r e e k A v e N Mink Creek Ave N M o r p h e u s W a y N R i o V i s t a W a y N F l a t T a i l W a y N N e w s h a m Av e N Wild Goose Ave N A r l i s s A v e N R e d H i l l s A v e N T e e k e m F a l l s W a y N C l a r e t C u p W a y N Debussy W a y N W h i t e C a p L n NWild GooseWay N D u s t o d Av e N S w e e t V a l l e y A v e N B a c h Pl N R e d H o r s e W a y N K a r e n D r E P r o d u c e r D r E Mozart St N Z a c h a r y W a y N T i p t o n A v e N K i l t A v e N R e d H i l l s A v e N S w e e t V a l l e y P l N A b r u z z o A v e N S i l v e r El m W a y N R e d H i l l s A v e N S t a r r y N i g h t A v e N C o u g a r F l a t A v e N S a g u a r o H i l l s A v e N D e m i l l e A v e N B a r n e y L n N Lolo Pass Ave N F o x R u n W a y N J e r i c h o R d N A n n a t a Av e N Cool River Ave N Lolo Pass Wa y N J u n t u r a A v e N P o r t a g e A v e NPenncross Way N M a x i m u s W a y N B a l l i n g e r W a y N L a r k w o o d A v e WQuintaleDr N L a n g e A v e N B a c h A v e N S u n S h i m m e r A v e N S p u r w i n g Ln N M o r n i n g D e w A v e N S u n S h i m m e r W a y WWapootDr W R e d grav e D r N B e a h a m A v e N C h a n n i n g W a y N R i o L o m a s A v e N B e a h a m A v e N Stanley Creek Ave N B e a h a m A v e N A l e s t e r A v e W C a g n e y D r N M o o s e C r e e k W a y NSpurwing Way N S u n S h i m m e r A v e E D u n w oody C t N L a r k w o o d P l N L a r k w o o d P l EXHIBIT A Paramount Subdivision – MDA H-2015-0022 9 Exhibit A.2: Proposed Modifications to the Development Agreement Include the following provisions in the amended development agreement as required by City Council with AZ- 13-005: 1. Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11- 3A-3 and 11-3H-4B. 2. A minimum 35-foot wide street buffer is required along W. Chinden Boulevard, an entryway corridor, on the C-C and TN-C zoned properties and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. 3. A 10-foot wide multi-use pathway shall be provided within the street buffers along W. Chinden Boulevard, along the west side of N. Meridian Road, and along the north side of W. Director Street within a public use easement in accord with UDC 11-3H-4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to issuance of any Certificate of Zoning Compliance or, approval of any subsequent land use application for the C-C and TN-C zoned properties. 4. Right-of-way (ROW) shall be dedicated in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the C-C and TN-C zoned properties adjacent to Chinden Boulevard. Include the following additional provisions in the amended development agreement, as recommended by staff and as approved by City Council: 5. The property shall be subdivided prior to submittal of a Certificate of Zoning Compliance application or issuance of a building permit (as applicable) for any development on the site. A Certificate of Zoning Compliance and subsequent building permit application is allowed to be submitted for approval prior to recordation of the first phase of the subdivision where the assisted living facility is proposed to develop. The first phase final plat shall be recorded prior to issuance of the Certificate of Occupancy for the assisted living facility. 6. Only one The two accesses via N. Fox Run Way, a collector street, is are allowed as depicted on the site plan for the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way, north of W. Director Street. 7. Development of the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way where the assisted living facility is proposed shall be generally consistent with the concept plan shown in Exhibit A.4. 8. A modification of the development agreement is required to include a conceptual development plan for the TN-C and C-C zoned property located at the southwest corner of W. Chinden Blvd. and N. Meridian Road and at the southwest corner of W. Chinden Blvd. and N. Fox Run Way prior to submittal of a Certificate of Zoning Compliance application (if required) or issuance of any building permits. The concept plan(s) should include a site plan showing access and circulation; a mix of at least 3 land use types; and residential densities ranging from 6 to 15 units/acre in the MU-C designated area and 3 to 8 units/acre in the MDR designated area as required in the Comprehensive Plan (pgs. 27-28 and pg. 20 respectively). 9. Construction of the street buffer landscaping and associated 10-foot wide multi-use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development. EXHIBIT A Paramount Subdivision – MDA H-2015-0022 10 Exhibit A.3: Legal Description for Property Annexed with Paramount Northeast (AZ-13-005) EXHIBIT A Paramount Subdivision – MDA H-2015-0022 11 EXHIBIT A Paramount Subdivision – MDA H-2015-0022 12 EXHIBIT A Paramount Subdivision – MDA H-2015-0022 13 EXHIBIT A Paramount Subdivision – MDA H-2015-0022 14 Exhibit A.4: Proposed Conceptual Development Plan NOTE: The “phased” landscape buffer and multi-use pathway depicted on the concept plan is not approved with this application. The proposed phasing will be evaluated with the preliminary plat application. Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Paramount Square Water main easement Paramount Square Subdivision MEETING NOTES J Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016.005059 BOISE IDAHO Pgs=5 LISA BATT 01/20/2016 01:29 PM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00185890201600050590050052 WATER MAIN EASEMENT 161`t'snt,�p.�, ao�(Cl THIS INDENTURE, made this day of , 21� between lHVY1 I/C,ifd W. the parties of the first part, and hereinafter called the GRANTORS, and de City of Mer dian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Avk]P�� V1 E$ -Pre ' de Se 12601 W, FFX0lmty DV #!rZ�, (3olit Address STATE OF IDAHO ) : ss. County of Ada ) On this A11,111 day of kpiY�l/ aaX , 20 I , before me, the undersigned, a Notary Public in and for said State, personally appeared fff& known or identified to me to be they resident attd- S.ecwAaLV,-+@s} ee4ve4-y, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand andaffixed my official seal the day and vear first above written. I A I TI AMANDA MCCURRY (TLgRY PUBLIC STATE OF IDAHO Residing at: Commission Expires: IN Water Main Easement EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy Attest by IWycee L. Holman, City Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) c city oc E IBIAN*- AMO r SEAL w ���9r7he TRE1S���,P~ On this day of A , 20`x, before me, the undersigned, a Notary Public in and for said State, personall4ppeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. t1 QJ�r• NOT RY PUBLI OR IDAHO Residing at: Q'e'6\ (5kn� I — • Commission Expires: rn�-I ,' �B1.IG • o: Water Main Easement EASMT WAT 11-15-13.doe TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 - Boise, Idaho 83713 SURVEYING (208) 385-0636 a] Fax (208) 385-0696 Project. No.: 3819 Date: December 3, 2015 Revised: January 7, 2016 DESCRIPTION FOR CITY OF MERIDIAN WATER EASEMENT — PARAMOUNT SQUARE SUBDIVISION A City of Meridian water easement lying in the SE % of Section 25, TAN., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Southeast corner of said Section 25; thence along the South boundary of said Section 25, which is also the centerline of West McMillan Road North 89027'26" West 251.13 feet to a point; thence leaving said South boundary at right angles North 00032'34" East 27.75 feet to a point on the North right-of-way line of said West McMillan Road, said point marking the POINT OF BEGINNING; thence along said right-of-way line North 89°27'26" West 69.00 feet to a point; thence leaving said North right-of- way line at right angles North 00°32'34" East 28.50 feet to a point; thence along a line Northerly of and parallel with said North right-of-way line of West McMillan Road South 89027'26" East 69.00 feet to a point; thence at right angles South 00032'34" West 28.50 feet to the POINT OF BEGINNING, Easement contains 1,957 square feet, more or less. W:1381910ocs\3019-water ease desc.doc -Idc w 00 pROFr a ys o rya � 9 ftl �P 0 a 0 m m .0► � o i 0 Q° I'll W, �� r4- � r 0 00 m F r O m z m 0 0 C !� N C m CD m o �o 0 w Z CO £ mm Dm MCl) Wl0 I III \ o I III 0 I I oA --------- ��r-I NORTH MERIDIAN ROAD D o O A _0 C Cz� 70 o -� m z y � m Z c:, m z %0 rTi D -� n m 0 � � Qm z C ND � cn <K fTl 0 z o z Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: 5G ITEM TITLE: FY2016 FY2016 Annual Carryforward 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 C) O (D a D) n N O_ O) CL (D D (D 7 clL (D -n O 3 Gl r 3t W :J O < rF O Ol m 3 3 m 3 m c m r4 :Z A H Gl r n n� -' 0 AD c x n N O / m r� r7 a Ile r 0 / n u n C� i m ID N n r n 0 0 0 13 Cl 0 z r� i!. 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N O Q (D- 3 3 (D Q (D O "S 3 Fund Department GL Proj Title Carryforward Adj CF 12/16/2015 Change Type Fund Name 01 1310 55000 Professional Services $ 7,500.00 $ - $ (7,500.00) Operating General 01 1840 94403 10497 Meridian Interchange Art Project $ 40,000.00 $ 40,000.00 $ - Capital General 01 1840 94403 10514 City of Meridian Monument Signs $ 45,400.00 $ 45,000.00 $ (400.00) Capital General 01 1850 92401 Meridian Road Parking Lot $ 290,611.75 $ 29,655.87 $ (260,955.88) Capital General 01 1860 54000 10572 Streetlight Equipment $ 37,425.44 $ 26,905.17 $ (10,520.27) Operating General 01 1860 54000 10369.a Streetlight Equipment $ - $ 2,629.52 $ 2,629.52 Operating General 01 1940 94310 10662 Accela - Electronic Document Review $ 31,602.00 $ 31,602.00 $ - Capital General 01 2110 92020 10663 PD Station Repairs $ 59,000.00 $ 59,000.00 $ - Capital General 01 2110 96012 10190 Public Safety Training Center $ 562,751.25 $ 129,460.62 $ (433,290.63) Capital General 01 2123 54000 Equipment and Supplies $ - $ 24,500.00 $ 24,500.00 Operating General 01 2210 55000 10661 Multi -Agency FD Master Plan $ 20,000.00 $ 20,000.00 $ - Operating General 01 2210 94120 Capital - Vehicles $ 520,115.09 $ 520,115.09 $ - Capital General 01 2211 53103 Parking Lot Repair at St#1 $ 14,520.40 $ 14,520.40 $ - Operating General 01 5200 55000 10452 Professional Services $ 44,975.45 $ 19,448.85 $ (25,526.60) Operating General 01 5200 92000 10207 Capital Outlay - Bldgs & Structure $ 1,591,401.84 $ 1,254,900.00 $ (336,501.84) Capital General 01 5200 93401 10664 Pathway Development $ 96,089.85 $ 54,000.00 $ (42,089.85) Capital General 01 5200 93401 10134.A Pathway Development $ - $ 33,328.41 $ 33,328.41 Capital General 01 5200 93405 10122 Improvements @ Storey Park $ 431,251.53 $ 144,813.21 $ (286,438.32) Capital General 01 5200 93406 10490 Streetscape Irrigation/Landscape $ 483,500.00 $ 33,500.00 $ (450,000.00) Capital General 01 5200 93406 10516 Streetscape Irrigation/Landscape $ - $ 443,200.59 $ 443,200.59 Capital General 01 5200 96926 10116.b Kleiner Memorial Park $ 39,411.44 $ 5,777.26 $ (33,634.18) Capital General 01 5210 53111 Downtown Tree Maintenance $ 72,021.38 $ - $ (72,021.38) Operating General 07 5200 93415 10104 BOTUP Property $ 75,000.00 $ 75,000.00 $ - Capital Impact 07 5200 96925 10517 William Watson Park $ 660,970.04 $ 660,970.04 $ - Capital Impact 07 5200 96928 10518 Bellano Creek Park $ 112,000.00 $ 111,263.96 $ (736.04) Capital Impact 07 5200 96929 10561 Hillsdale Park $ 97,000.00 $ 91,812.88 $ (5,187.12) Capital Impact 55 1850 96001 City Hall Repairs $ 482,535.39 $ 428,731.39 $ (53,804.00) Capital Capital Impr. 01 1850 53100 1322.h Clerks Department Front Lobby $ - $ 15,124.00 $ 15,124.00 Operating General 01 5200 54130 Parks Department Front Lobby $ - $ 3,300.00 $ 3,300.00 Operating General 01 1850 96001 1322.8 Community Development Front Lobb} $ - $ 25,680.00 $ 25,680.00 Capital General 01 1850 54130 1322.g Community Development Front Lobb\ $ - $ 1,200.00 $ 1,200.00 Operating General 01 2210 54130 Fire Department Cubicle Remodel $ - $ 8,500.00 $ 8,500.00 Operating General 60 3200 55000 Professional Services $ 210,974.23 $ - $ (210,974.23) Operating Enterprise 60 3200 55080 Professional Services - Wastewater $ 652,944.28 $ - $ (652,944.28) Operating Enterprise 60 3200 55080 10546 Professional Services - Wastewater $ - $ 5,000.00 $ 5,000.00 Operating Enterprise 60 3200 55080 10554 Professional Services - Wastewater $ - $ 10,000.00 $ 10,000.00 Operating Enterprise 60 3200 55080 10598 Professional Services - Wastewater $ - $ 1,600.00 $ 1,600.00 Operating Enterprise 60 3200 55080 10341 Professional Services - Wastewater $ - $ 7,030.00 $ 7,030.00 Operating Enterprise 60 3200 55080 10592 Professional Services - Wastewater $ - $ 16,385.00 $ 16,385.00 Operating Enterprise 60 3200 55080 10587 Professional Services -Wastewater $ - $ 33,160.00 $ 33,160.00 Operating Enterprise 60 3200 55090 Professional Services - Water $ 280,215.06 $ - $ (280,215.06) Operating Enterprise 60 3200 55090 759 Professional Services - Water $ - $ 46,618.35 $ 46,618.35 Operating Enterprise 60 3200 55090 784 Professional Services - Water $ - $ 26,318.75 $ 26,318.75 Operating Enterprise 60 3200 55090 10085 Professional Services - Water $ - $ 23,095.25 $ 23,095.25 Operating Enterprise 60 3200 55090 10086 Professional Services - Water $ - $ 29,447.18 $ 29,447.18 Operating Enterprise 60 3200 55090 10142 Professional Services - Water $ - $ 1,072.50 $ 1,072.50 Operating Enterprise 60 3200 55090 10556 Professional Services - Water $ - $ 33,873.80 $ 33,873.80 Operating Enterprise 60 3200 55090 10558 Professional Services - Water $ - $ 8,870.00 $ 8,870.00 Operating Enterprise 60 3200 55090 10541 Professional Services - Water $ - $ 19,402.15 $ 19,402.15 Operating Enterprise 60 3200 55090 Professional Services - Water $ - $ 1,250.00 $ 1,250.00 Operating Enterprise 60 3250 55000 10504 Professional Services $ 10,659.18 $ 6,310.00 $ (4,349.18) Operating Enterprise 60 3260 55000 10475 Professional Services $ 15,492.51 $ 13,356.16 $ (2,136.35) Operating Enterprise 60 3300 54121 10404 Software Maintenance $ 26,135.00 $ 25,018.22 $ (1,116.78) Operating Enterprise 60 3300 94310 10404 Utility Billing Software $ 577,518.81 $ 452,771.86 $ (124,746.95) Capital Enterprise 60 3400 55000 Professional Services $ 219,352.68 $ - $ (219,352.68) Operating Enterprise 60 3400 55000 10568 Professional Services $ - $ 10,000.00 $ 10,000.00 Operating Enterprise 60 3400 55000 10582 Professional Services $ - $ 24,000.00 $ 24,000.00 Operating Enterprise 60 3400 55000 10553.a Professional Services $ - $ 22,000.00 $ 22,000.00 Operating Enterprise 60 3400 92020 Building Improvements $ 43,998.30 $ - $ (43,998.30) Capital Enterprise 60 3400 94300 Capital - Electronics $ 327,546.33 $ - $ (327,546.33) Capital Enterprise 60 3400 94300 10417.m Capital - Electronics $ - $ 82,389.00 $ 82,389.00 Capital Enterprise 60 3400 94300 104178-1 Capital - Electronics $ - $ 1,235.00 $ 1,235.00 Capital Enterprise 60 3400 94300 10417.i Capital - Electronics $ - $ 18,931.25 $ 18,931.25 Capital Enterprise 60 3400 94300 10417.k Capital - Electronics $ - $ 936.00 $ 936.00 Capital Enterprise 60 3400 94300 10535.SCADA.1 Capital - Electronics $ - $ 5,500.00 $ 5,500.00 Capital Enterprise 60 3400 94300 10615 Capital - Electronics $ - $ 53,238.08 $ 53,238.08 Capital Enterprise 60 3400 94310 10522 Capital - Software $ 93,570.00 $ 93,570.00 $ - Capital Enterprise 60 340094600 Capital -Communication Equipment $ 3,259.12 $ - $ (3,259.12) Capital Enterprise 60 3420 94400 Capital - Equipment $ 17,000.00 $ - $ (17,000.00) Capital Enterprise 60 349091000 Capital Outlay - Land $ 66,554.20 $ - $ (66,554.20) Capital Enterprise 60 3490 94600 10382 Capital - Communication Equipment $ 172,679.30 $ 84,501.12 $ (88,178.18) Capital Enterprise 60 3490 95000 Service Line/Main Replacement $ 203,329.02 $ - $ (203,329.02) Capital Enterprise 60 3490 95000 10515.a Service Line/Main Replacement $ - $ 7,800.38 $ 7,800.38 Capital Enterprise 60 3490 95000 10520.a Service Line/Main Replacement $ - $ 3,788.01 $ 3,788.01 Capital Enterprise 60 3490 95000 10366 Service Line/Main Replacement $ - $ 33,776.14 $ 33,776.14 Capital Enterprise 1/8/2016 10:58 AM F:\8UDGET\FY2016\FY2016 Carryrovrard 1/8/2016 10:58 AM F:\BUDGEl\FY2016\FY2016 Carryfoward Fund (All) Sum of Carryforward Fund _ _Type _ _ s Department Total Sum of Carryforward Type 1 Operating 1310 7,500 De artment Operating Capital (blank) Grand Total 1850 0 1310 7,5.0.0 7,500 1_860 37,4.25 1840 _ _ _ _ _ _85,40_0 _ _ _ 85,400 2123 0 1850 0 7_73,147 77_3,147 2210 20,000 1860 3_7,42_5_ _ 3_7,425 2211 14,520 194_0 31,6_02 31,602 5200 44,975 _ _ 2110 _ 621,751_ _ 621,751 5210 72,021 2123 0 0 Operating Total _ 196,443 2210 20,000 _ _ 520,11.5_ _ 540,115 Capital 1840 85,400 2211 14,520 _ _ _ 14,520 1850 290,612 3200 1,144,134 1,144,134 1940 31,602 3250 10,65_9 _ 10,659 2110 621,751 3260_ 15,493 15,493 2210 520,115 3300 _26,135 _577,51_9 _ 6_03,6_54 5200 2,641,655 3400 219,353 468,374 687,726 Capital Total 4,191,135 3420 _ 17,000 _ 17,000_ 1Total 4,387,577 3490 3,325,100 3,325,100 7 Capital 5200 944,970 3500 _1,14.5,603 _8.0.7,595 1,953,198 Capital Total _ 944,970 _3510 _ 7,910 _ _ _ 7,910 7 Total 944,970 3520 36,242 14,850 _ _ _ 51,093 55 Capital 1850 482,535 _ _ 3540 _ _79,306 79,306 Capital Total _ 482,535 _ _ _3590 _ 5,_610,114 _5,_610,114 55 Total _ 482,535 _5200 44,975_ 3_,586_,62_5 3,631,600 60 Operating 3200 1,144,134 5210 _ 72,0.2_1 72,021 3250 10,659 (blank) 326_0 15,493 lGrand Total 1 2,794,061 16,526,408 19,320,470 3300 26,135 3400 219,353 3500 1,145,603 3520 36,242 Operating Total 2,597,618 Capital 3300 577,519 3400 468,374 Sum of Carryforward Type 3420 17,000 FundName Operating Capital (blank) Grand Total 3490_ 3,325,100 Capital impr_. _ _ 482,535 _ _482,5_35 3500 807,595 Enterprise 2,597,618 10,907,768 131505,387 3510 7,910 General 196,443 4,191,135 4,_387,577 3520 14,850 Impact 94.4,97.0 94.4,9_70 3540 79,306 (blank) 3590 5,610,114 IGrandTatal 1 2,794,061 16,526,408 19,320,470 Capital Total #####f#t## 60 Total #_######fl# (blank) (blank) (blank) (blank)Total (blank) Total Grand Total 1#####m#i Per Data ######### Difference - 1/8/2016 10:58 AM F:\BUDGEl\FY2016\FY2016 Carryfoward Fund (All) ,Fund (All) Sum of Adj CF 12/16/201S Type ISum of Change '. Type Department •''GranclTotal artn'ent Operating Capital (blank) Grand Total 1.310 0 0 - _ - 10'. (7,500) (7,500) 1840 85,000 85,000 (400) (400) 1850 16,324 484,067 500,391 �� -' 50 16,324 (289,080) (272,756) 1860 29,535 _ - - 29,535 1860 (7,891) (7,891) 1940 31,602- 31,602 0 0 _ 2110 188,461 188,4611, { (433,291) (433,291) 2123 24,500 24,500 j ; Z4,50D 24,5110 - _ 2210 28 500 520,115 - 548,615 - 0 8500 0 5,500 2211 14,520 14,520 2211 0 0 3200 263,123 263,123 3200. (881,011) (881,011) 3250 6,310 6,310 3250 (4,349) (4,349) 3260 13,356 _ _ 13,356 326it (2,136) (2,136) 3300 25,018 _ 452,772 477,790 3300 (1,117) (124,747) (125,864) _ - 3400 - _ 56,OOD _-0- 255,799 311,799 3400 (163,353) (212,574) (375,927) 3420 -- 0 0�- - 0: (17,000) (17,000) 3490 1,462,893 1,462,893, (1,862,207) (1,862,207) - - 3500 90,537 - 73,111_ 163,648 '(1,055,066) (734,484) (1,789,550) _ 3510 _ _- 0_ _-_ _ _ _- 0 _ •�- (7,910) (7,910) --_ - - -- 3520 -. _._----- 0 0 p� "I (36,242) (14,850) (51,093) 3540 13,767 13,767 (65,539) (65,539) 3590 2,356,568 2,356,568 3590 (3,253,547) (3,253,547) 5200 22, - - 2,908,566 ` 5200 (22,227) (678,058) (700,285) -- -0 _5210 _ - _ _-- _2,9.3.1,315 _ _ 0 5210. (72,021) (72,021) (blank) Grand Total 590,472 8,832,721 9,423,194 - _ (2,203,589) (7,693,687) (9,897,276) • - Sum of Change Type FundName • _• FundName Operating Capital (blank) Grand Total Capitallmpr. 428,731 428,731 Capitallmpr. (53,804) (53,804) Enterprise 454,344 4,614,910 5,069,254 Enterprise (2,143,274) (6,292,858) (8,436,132) General 136,128 2,850,033 2,986,161 General (60,315) (1,341,102) (1,401,416) Impact 939,047 939,047 Impact (5,923) (5,923) (blank) (blank) Grand Total 590,472 8,832,721 9,423,194 Grand Total (2,203,589) (7,693,687) (9,897,276) Per Data 9,423,194 Difference - Per Data (9,897,276) Difference - 1/8/2016 10:58 AM FABUDGET\F 2016\M016 Carrytoward Meridian City Council Meeting DATE: January 19, 2016 ITEM TITLE: Grant Carryforward FY2016 Grant Carryforward ITEM NUMBER: PROJECT NUMBER: MEETING NOTES 5H Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS lD Q D) -n N O O) W C - (D D 3 (D O_ 3 (D 73 -n O -I O N O(D (D (D 3 C (D v O 3 01 o' 7 N i/F W V Q) V Ln L1 \ O v n C a D rF � O 0) 7 � 3 n X fD 3 O. c (D iA 0 o W 2L N 2L V a) V N 3 rD 3 Q 3 M 3 rt f� C (D H rF I LIA in NN N N N N N N N N N N N O O O O O O O O O O O O O N 41 41 00 O O O O W N N Fes-' N O O O O O O O O N O ~'Oo W P 0o A W A O O O O m o T O cn O O O O m n Ykk to to 00 00 0o C o —0 a3i n3i O ' 1p j .3i f1 C, tD to 3 3 v I (D (D n O O O O O O O O O O 3 O (p S O O x N Q. N O O O O O `�° ro a c L_ v 3 3 (D CD rD (D O) O) O O D O O O O O O O O O O O N O W O W O O U) J c a n v o o d O Gl C ^. S o W C) o w D x m c C 7 S ° V n N O -{ rL N v N D O W lD O N lD O W F- W W O N A V N O A W in i/) VT t T iR i T Ln i/T i/) V/ N V D O W lD O W W 0o O F, A V F� O A W L7 CD 3 � (D O 3 3 rDn 0 rt O CD 3 f0 O S 6 0 O' VA NN N N N N N N 0 0 0 0 O O O O O O O O O O O O N N N 41 41 00 O O O O W N N Fes-' N N N N to N W N N N N O A0 O O O O O O O O O O O O O m o T C O m � O m n Ykk (D ,r_'I. Q C o —0 a3i n3i O ' 1p j .3i f1 C, tD to 3 3 v I (D (D n D 0 00 3 O (p S O O x N Q. N C � � `�° ro a c L_ v 3 3 (D CD rD (D p N rrt D rt (D S 0 O Q 0 a 3 fD �° 3 3 m r -F T �1 .y h h Ocl Z Z .`0i 00 3 (D 3 (D rr rr7 o3 3 ° s c a y Q rD o � o ��3� C ou � E (C o 4 m :+ m m o (n OC ID (C (0 n =) 3 Ykk (D ,r_'I. Q C a3i n3i O ' 1p j .3i f1 C, tD to 3 3 (O C p a UZ O (p S O O x N Q. S `�° ro a c L_ rrt D rt (D S 0 O Q 3 fD m O 3 r -F T �1 .y N Q) Ocl tzj� n v o (p 00 rr rr7 1� y (1) rD mrD � n ' Co rD N N �! VI CL e7—F h M NI• 'ID CL _ (D N 7 Q 7 Q D D- > D 3 cn 7 CD fD 7CL CL Q 7 ° m 3 m 3 M rD 3 W ��A o o 7 n < O D v d �. fD D .^. Do UQ Sy O rD (D O 7 v CL C N tit (^D 3 cL an rD n c d 7+ c Q c fp o n• D v T r N ° rD N 7 n mo °� °c o Dc v 7 ^ C N 7 CL ro ° =3 o f9 m D 7 W O Dl °- v o D < D7 o; a r) O (D _ p ` O Sid ry� ey, y /Rim 5 n G H C n rD C O Q G o e� N O p a O ro N 0 s m .Q N m ou 4!- 0 0 (D (D 0 C m O 0- rD rD O m m M m CL (D 6 (D ar S (D (D rD (D N O c m K O cr (D 73 G O. rD a- 0 S (D Gl T O N _ _G) s aq .s N N C Wo "c` m �_, t N •� ? NCL r tr -'Yi, C (D (D O (D O' 0 a � n O N ID : cn N C 3 rr• 07 ^. D=O t (CD nom+. (D co io �� c: rD = � fD rDp � Ln rD N O 7 �. O- _ N € T �+ r rD t (D -O _' 5 i O- < N V1 -4 rD LrlD, n�i m m (o c °+ o M Q { o VQ y 0 3 O O 2L 0 (b (D 'D CL .. Q ^ ? -h c=rrD vi rD v N v=i ' O. Q. O d S Q. C v� 7 rcD •+ 7 (D O- C 7 (D G1 Dq i C) rD < m m CD =5 w c m m o n= o o c 7 n m r Dq nn Do (D (n " R J ro j vi d = o � Q d 3 < w N D} r! O On N ° rD m rD O CL v v1 rm n m .o rt < Q QrD 30 s 7 O O v c (, CL m V d. \ 0= T 3 O [tel N C Q N c H c7 E- = f0 _ O o �- CL r+ m rD s < Sll ='CL (D-0 C CD L ° 3 (D N G) T rn O N 3 N T r l '••l N {{ o Q a o 01 (CLcr O M'; .'2 § O G h Li y Gi { 0(D N N �F v o D a) i v (D [ 0 ° -I CD In O 3 (D 3 m II (D CL �( m N j riG rD n m i F o cu O In 3 D rD h Dvq ( . i k O1 1 -p t O 0 ° = D1 3 r t 7 < } rt v O d N [ S 1 _0 D C v rD 9 v O S FFS a O L I < -" rD F d T 7 7 � 2 CL N 4 g (D = i T n (D 7 Q (D ^ o NL tEj? 4 i LnJw ` Fund Dept G/L jProject Expenditures Revenues 20 1840 33100 6003 $ 203,143.08 20 1840 85000 6003 --- t-$ _203,143.08 20; 200 1840 1840 — 33100 85000 6003.57 6003.57 $ 91 313.89 $ 91,313.89 1 201 1840 -- 33100 6003.65 _ i$ 50,000.00 201 1840 8500016003.65 $ j - 20 20 - - 2135 2135 _ 33100' 55000 6012 6012 --50,000.00 $ 9,981 00 --- - $ 9,981.00 20 5200 33100 6009 $ 3,236.5.5 20 5200 55000 6009 $ 3,236.55 357,674.52 ; $ 357,674.52 Row Labels Sum of Expenditures Sum of Revenues 6003� $203,143.08 $203,143.08 - - ---� - --- 6003.57 $91,313.89 $91,313.89 ' 6003.65 $50,000.00 $50,000.00 6009 $3,236.55 $3,236.55 - - - 6012 $9,981.00 $9,981.00 - _- -_ 1--- - - (blank) - -' Grand Total $357,674.52 $357,674.52 12/30/2015 9:30 AM F:\BUDGET\FY2016\FY2016 Budget - Grant Carryfoward City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Todd 1840 - Other Government 20 - Grant Fund governmental I From 10/1/2014 Through 9/30/2015 `{� `- Wo Budget with Current Year Budget Amendments Actual Remaining REVENUES 33100 Grant Revenues 33105 Grant Revenue - Capital Total REVENUES OPERATING COSTS 85000 Grant Expenditures Total OPERATING COSTS DEPT EXPENDITURES TOTAL EXPENDITURES 399,134.00 124,915.23 274,218.77 49,987.00 0.00 49,987.00 449,121.00 124,915.23 324,205.77 449,121.00 124,915.23 324,205.77 449,121.00 124,915.23 324,205.77 449,121.00 124,915.23 324,205.77 449,121.00 124,915.23 324,205.77 Date: 12/29/15 02:54:46 PM Page: 1 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Todd 1910 - Planning Department 20 - Grant Fund governmental From 10/1/2014 Through 9/30/2015 TOTAL EXPENDITURES Budget with REVENUES 33100 Grant Revenues Actual Total REVENUES PERSONNEL COSTS 41200 Wages 42021 FICA (7.65%) 42023 Workers' Comp 20,251.20 Total PERSONNEL COSTS OPERATING COSTS 57200 Employee Seminars/Training 57202 Travel - Transportation 57203 Travel - Lodging 57204 Travel - Per Diem 85000 Grant Expenditures 17,099.35 Total OPERATING COSTS DEPT EXPENDITURES TOTAL EXPENDITURES Budget with Current Year Budget Amendments Actual Remaining 40.091.00 19,839.80 20,251.20 40,091.00 19,839.80 20,251.20 0.00 15,810.00 (15,810.00) 0.00 1,209.49 (1,209.49) 0.00 79.86 (79.86) 0.00 17,099.35 (17,099.35) 0.00 175.00 (175.00) 0.00 474.90 (474.90) 0.00 1,021.17 (1,021.17) 0.00 387.50 (387.50) 40,091.00 681.88 39.409.12 40.091.00 2,740.45 37.350,55 40,091.00 19,839.80 20,251.20 40,091.00 19,839.80 20,251.20 Date: 12/29/15 02:54:46 PM Page: 2 Date: 12/29/15 02:54:46 PM Page: 3 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Todd 5200 - Parks - Admin 20 - Grant Fund governmental From 10/1/2014 Through 9/30/2015 Budget with Current Year Budget Amendments Actual Remaining REVENUES 33105 Grant Revenue - Capital 20.148.00 20,147.76 0.24 Total REVENUES 20,148.00 20,147.76 0.24 Capital Outlay 93407 Improvements @ 8th Street 17,751.00 17,750.76 0.24 Park 96910 Centennial Park construction 2,397.00 2.397.00 0.00 Total Capital Outlay 20,148.00 20,147.76 0.24 DEPT EXPENDITURES 20,148.00 20,147.76 0.24 TOTAL EXPENDITURES 20,148.00 20,147.76 0.24 Date: 12/29/15 02:54:46 PM Page: 3 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Todd 2135 - Community Services 20 - Grant Fund governmental From 10/1/2014 Through 9/30/2015 V�3�0 Budget with Current Year Amendments Actual Budget Remaining Date: 12/29/15 02:47:02 PM Page: 2 REVENUES 33100 Grant Revenues 99.814.08 50.614.48 49,199.60 Total REVENUES 99,814.08 50,614.48 49,199.60 PERSONNEL COSTS 41210 Overtime Wages 3.430.00 0.00 3,430.00 Total PERSONNEL COSTS 3,430.00 0.00 3.430.00 OPERATING COSTS 51300 Office Expense 1,659.00 978.83 680.17 52710 Community Events Expenses 0.00 400.00 (400.00) 54120 Electronics Expense (under 0.00 315.09 (315.09) $5000) 55000 Professional Services 46,176.00 28,995.00 17,181.00 57200 Employee Seminars/Training 11,154.00 4,306.00 6,848.00 57202 Travel - Transportation 0.00 373.08 (373.08) 57203 Travel - Lodging 0.00 235.62 (235.62) 57400 Advertising/Promotional/P... 29,523.00 13,650.15 15,872.85 57430 Public Education / Marketing 0.00 407.26 (407.26) 57500 Printing/Binding/Engraving 7,477.00 628.45 6,848.55 60101 Dues,Licenses,Publications 395.00 325.00 70.00 Total OPERATING COSTS 96,384.00 50,614.48 45,769.52 DEPT EXPENDITURES 99,814.00 50,614.48 49,199.52 TOTAL EXPENDITURES 99,814.00 50,614.48 49,199.52 Date: 12/29/15 02:47:02 PM Page: 2 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Todd 5200 - Parks - Admin 20 - Grant Fund governmental From 10/1/2014 Through 9/30/2015 REVENUES 33100 Grant Revenues Total REVENUES OPERATING COSTS 55000 Professional Services Total OPERATING COSTS DEPT EXPENDITURES TOTAL EXPENDITURES Budget with Current Year Budget Amendments Actual Remaining 37,923.00 28,447.89 9,475.11 37,923.00 28,447.89 9,475.11 37,923.00 28,447.89 9,475.11 37,923.00 28,447.89 9,475.11 37,923.00 28,447.89 9,475.11 37,923.00 28,447.89 9,475.1 Date: 12/29/15 02:47:29 PM Page: 2 Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: STOREY PARK LIGHTING UPGRADES" Approval of Award of Bid and Agreement to SOUTHERN IDAHO ELECTRIC, INC for the "STOREY PARK LIGHTING UPGRADES" project for a Not -To - Exceed amount of $92,500.00. MEETING NOTES Li J Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Kathy Wanner, Buyer CC: Jacy Jones, Mike Barton/PM Date: 01/13/2016 Re: January 19'h City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 19`h City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to SOUTHERN IDAHO ELECTRIC, INC for the "STOREY PARK LIGHTING UPGRADES" prosect for a Not -To -Exceed amount of $92,500.00. Recommended Council Action: Award of Bid and Approval of Agreement to SOUTHERN IDAHO ELECTRIC, INC for the Not -To -Exceed amount of $92,500.00. Thank you,for your consideration. 0 Page 1 Date: 12/7/2015 CONTRACT / AGENDA CHECKLIST REQUESTING DEPARTMENT Parks Fund: 1 Department: 5200 GL Account: 94400 Project # 10122.h Construction: x Task Order PSA Equipment Project Name: Storey Park Lighting Upgrades Project Manager: Mike Barton Department Representative: Contractor/Consultant/Design Engineer: Musgrove Engineering Budget Available (Attach Report): yes Contract Amount: $95,000.00 Will the project cross fiscal years? Yes No x Budget Information: FY Budget: FY16 Enhancement #: Grant #: Other: Type of Grant: v _ CONS RR►TE'GKLfS7' BASIS OF AWARD Low Bidder x Highest Rated (Bid Results Attached) Yes (Ratings Attached) Typical Award Yes X No If no please state circumstances and conclusion: Master Agreement (Category) Debarment Status (Grant/Federal Funded Projects Only) na (Type in date verified and the status) Date Award Posted: January 5, 2016 10 day protest period: January 15, 2016 PW License # C-15206 Expiration Date February 28, 2016 Corporation Status Goodstanding Insurance Certificates Received (Date): January 13, 2016 Expiration Date: March 1, 2016 Rating: A+ Payment and Performance Bonds Received (Date): January 13, 2016 Rating: A Builders Risk Ins. Req'd: Yes na No na If yes, has policy been purchased? na (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: January 13, 2016 Approval Date By: Purchase Order No.: Date Issued: WI -15 submitted (Only for PW Construction Projects) NTP Date: (Only for non Public Works Project) CONTRACT FOR PUBLIC WORKS CONSTRUCTION STOREY PARK LIGHTING UPGRADES PROJECT # 10122.H THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 19th day of January, 2016, 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 Southern Idaho Electric, Inc, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 182, Melba, ID 86341 and whose Public Works Contractor License # is C -15206 -CC -4. INTRODUCTION Whereas, the City has a need for services involving STOREY PARK LIGHTING UPGRADES; 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 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract 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 Exhibit "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 STOREY PARK LIGHTING UPGRADES page 1 of 12 Project 10122.H 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 Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $92,500.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, 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 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) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 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. STOREY PARK LIGHTING UPGRADES page 2 of 12 Project 10122.1-1 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the 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. 4. Liquidated Damages: Substantial Completion shall be accomplished within 70 (seventy) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) 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. Upon receipt of a Notice to Proceed, the Contractor shall have 85 (eighty-five) 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 $300.00 (three hundred dollars) 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. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, 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. 5.2 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 STOREY PARK LIGHTING UPGRADES page 3 of 12 Project 10122.H agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 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 Exhibit 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. 6.2 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. 6.3 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. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers 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 specifically agrees that it will maintain, throuahout the term of this Agreement, liability insurance, in which the CITY shall be STOREY PARK LIGHTING UPGRADES page 4 of 12 Project 10122.H named an additional insured in the 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 by the 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 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 copyto Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 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. 9.4 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 or the 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. 9.5 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. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: STOREY PARK LIGHTING UPGRADES page 5 of 12 Project 10122.H 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 by the party so failing to perform. 11. 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. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. 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. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work 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. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The STOREY PARK LIGHTING UPGRADES page 6 of 12 Project 10122.H CSWMP manual containing the procedures and guidelines can be found at this address: httg://www.meridiancity.org/environmental.aSDX?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 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. 17.2 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. 18. 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 permit the 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. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to STOREY PARK LIGHTING UPGRADES page 7 of 12 Project 10122.1-1 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. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. 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. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. 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. 23. 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. 24. 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. 25. 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 STOREY PARK LIGHTING UPGRADES page 8 of 12 Project 10122.H 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. 26. 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. 27. 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 CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. 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. 32. 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. STOREY PARK LIGHTING UPGRADES page 9 of 12 Project 10122.H 33. 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: CITY CONTRACTOR City of Meridian Southern Idaho Electric, Inc Purchasing Manager Attn: Lee Van Schoiack 33 E Broadway Ave P O Box 182 Meridian, ID 83642 Melba, ID 83641 208-489-0417 Phone: 208-495-2773 Email: sielectricPaol.com Idaho Public Works License #C -15206 -CC -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. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN Wrop �,7�--, Dated: 11/191/16 Approved by Council SOUTHERN IDAHO ELECTRIC, INC BY: LEE VAN SCHOIACK, President Dated: /)/A/ /� AV GL� T �p �* city of CAVI IDIANt- IDAHO 5 L.80LMAN, CITY CLERK �F` SEAL rfk,��rhr TP,E {SU���P Purchasin pp oval BY: KEIT ATTS, Pur"ch-aAg Manager Dated::— Department/Approval ated:: Project Manager Mike Barton STOREY PARK LIGHTING UPGRADES Project 10122.1-1 Department Approval BY: 45�qtl STEVE SIDD/ W/AY, Parks & Rec Director Dated:: page 10 of 12 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PKS-1611-10122.H ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-1611-10122.1-1, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • PLANS by Musgrove Engineering dated 12-7-2015 (2 pages) STOREY PARK LIGHTING UPGRADES page 11 of 12 Project 10122.H Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $92,500.00. ra Milestone 1 Substantial Completion 70 Days from Notice to Proceed Milestone 2 Final Completion 85 Days from Notice to Proceed 3 kik4 t . Contract includes furnishing all labor, materials, equipment, and incidentals as required for the STOREY PARK LIGHTING UPGRADES per IFB PKS-1611-10122.H CONTRACT TOTAL ....................... 92.500.00 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. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. 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Wabash Avenue 41 st Floor Chicago, IL 60604 ❑ See Section 16 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Southern Idaho Electric, Inc. Western Surety Company ��� 1( Signature: �.1-�-%L t -UC) .. �2 Signature: � _ Name L66 (Asi i+--, ille- Name Mary Jaquier and Title: P/2- rice, r and Title: Attorney -In -Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Post Insurance (Architect, Engineer or other party:) P.O Box 8447 Boise, ID 83707 Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312 - Performance Bond - 2010 Edition. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312 - Performance Bond - 2010 Edition. § 7 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 under the 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 from 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. § 9 The Surety shall 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 competent jurisdiction in the location in which the work or part of the 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 the 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 Definitions § 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. § 14.2 Construction 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. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term 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. § 15 If 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. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312 - Performance Bond - 2010 Edition. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312 - Performance Bond - 2010 Edition. 4 CNASURETY Payment Bond CONTRACTOR: (Name, legal status and address) Southern Idaho Electric, Inc. 3488 C Hwy 45 Melba, ID 83641 OWNER: (Name, legal status and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 CONSTRUCTION CONTRACT Date: January 19, 2016 Amount: $92,500.00 Description: (Name and location) Storey Park Lighting Upgrades Project# 10122.H BOND Date: January 19, 2016 (Not earlier than Construction Contract Date) Amount: $92,500.00 Bond No. 23231231 SURETY: Western Surety Company: South Dakota Corporation (Name, legal status and principal place A of business) 333 S. Wabash Avenue 41 st Floor Chicago, IL 60604 Modifications to this Bond: ® None ❑ See Section 18 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Southern Idaho Electric, Inc. Western Surety Company Signature: Signature: Name L 0.4,,] S (440-rU Name Mary Jaquier and Title: }7.I-" •r-pewl- and Title: Attorney -In -Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Post Insurance (Architect, Engineer or other party.) P.O Box 8447 Boise, ID 83707 Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312 - Payment Bond - 2010 Edition. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312 - Payment Bond - 2010 Edition. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are 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 suit or 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 furnished, 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. § 16 Definitions § 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 furnished; .5 the date on which the Claimant last performed labor or last furnished 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; .7 the total amount of previous payments received by the Claimant; and .8 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 furnish 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 of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction 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. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312 - Payment Bond - 2010 Edition. 7 § 16.4 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. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If 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. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312 - Payment Bond - 2010 Edition. 8 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint William F Post, Mary Jaquier, Terry S Robb, Individually of Boise, ID, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 10th day of July, 2015. WESTERN SURETY COMPANY W i4O q)�lyi ;i. S C / s,9pGTN�OPK�,Fa llll„ „Iw° aul T. Bruflat, Vice President State of South Dakota 1 jt County of Minnehaha ss On this 10th day of July, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires44yti4tiyti4ytitigbl,++4y44444k i i S. EIC:H i February 12, 2021 ; end 800H IiUBLiA i r NOTARY DAKOTA t �tik4444�144ti44ti 4444444444 + S. Eich, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 19 day of January 2016 "• ..... WESTERN SURETY COMPANY ,ml li: cy �4TN •ppµ01�a "•�IIIIIIIIIIIIP" L. Nelson, Assistant Secretary Form F4280-7-2012 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1/8/2016 THIS 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Post Insurance Services, Inc. CONTACT Alyshia Gamble PHONE (20B) 336-5600 FA No: (200)394-0651 2717 W. Bannock St. EMAIL .agamble@postins.com P.O. BOX 8447 Boise ID 83707 INSURERS AFFORDING COVERAGE NAIC # INSURERA Acuit +_ 14184 INSURED INSURERB:Idaho State Insurance Fund 36129 Southern Idaho Electric Inc INSURERC: PO BOX 182 INSURER D: INSURER E : Melba ID 83641 INSURER F: COVERAGES CERTIFICATE NUMBER:2015-2016 Certificate RFVISInm All lmRFR• 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 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 A CLAIMS -MADE aOCCUR X X89871 3/1/2015 3/1/2016 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 X CG7301, CG7194, CG7274 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 A X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS X89871 3/1/2015 /1/2016 BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A j{ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION$ $ 89871 /1/2015 3/1/2016 B WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT $ 1 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE (Mandatory In NH EXCLUDED? ( ry ) N/A 579455 10/1/2015 10/1/2016 E.L. DISEASE - EA EMPLOYEE 11000,000 IF yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Storey Park Lighting Upgrades, Project #10122.H R City of Meridian 33 E Broadway Ave Meridian, ID 83642 ACORD 25 (2010/05) INS025 (201005).01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Gamble/AG ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Southern Idaho Electric Inc - Policy #X89871 ACUITY ENHANCEMENTS - GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Extended Non -Owned Watercraft Exclusion g Exception (2)(a) of Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: (a) Less than 51 feet long; and B. Increased Bail Bond Amount The limit shown in paragraph lb of Supplemen- tary Payments - Coverages A and B is in- creased to $1,000. C. Increased Reasonable Expenses Incurred by the Insured The limit shown in paragraph ld of Supplemen- tary Payments - Coverages A and B is in- creased to $350. D. Newly Acquired Organizations Item 3a of Section II - Who Is An Insured is replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; E. Tenants Legal Liability Paragraphs (1), (3) and (4) of the Damage to Property Exclusion under Section I - Coverages do not apply to property damage (other than damage by fire) to premises, including the con- tents of such premises, rented to you for a period of 8 or more consecutive days. The most we will pay under this coverage for damages because of property damage to any one premises is $10,000. A $250 deductible applies. F. Knowledge of Claim or Suit The following is added to paragraph 2, Duties in the Event of Occurrence, Offense, Claim or Suit of Section IV - Commercial General Liabil- ity Conditions: Knowledge of an occurrence, claim or suit by your agent, servant or employee shall not in itself constitute knowledge of the Named In- sured unless an officer of the Named Insured has received such notice from the agent, ser- vant or employee. G. Unintentional Failure to Disclose Hazard The following is added to the Representations Condition under Section IV - Commercial Gen- eral Liability Conditions: Based on our dependence upon your repre- sentations as to existing hazards, if unintention- ally you should fail to disclose all such hazards CG -7301(4-08) at the inception date of your policy, we will not reject coverage under this policy based solely on such failure. H. Waiver of Subrogation for Written Contracts The following is added to the Transfer of Rights of Recovery Against Others to Us Condition under Section IV - Commercial General Liability Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or or- ganization and included in the products -com- pleted operations hazard. The waiver applies only to a person or organization with whom you have a written contract or agreement in which you are required to waive rights of recovery under this policy. Such contract or agreement must have been executed prior to the occur- rence causing injury or damage. I. Liberalization The following is added to Section IV - Commer- cial General Liability Conditions: If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period, the broadened coverage will im- mediately apply to this policy. J. Broadened Bodily Injury The Definition of Bodily Injury is amended to include mental anguish. K. Electronic Data Liability (continued next page) 1. The following paragraph is added to Section III - Limits of Insurance: Subject to paragraph 5 above, $10,000 is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occur- rence. 2. The following definition is added to Section V - Definitions: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and application software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of this coverage, the defi- nition of "property damage" in Section V - Definitions is replaced by the following: "Property damage" means: any plan included in the employee benefit program. e. Inadequacy Of Performance Of In. Given With Respect To Participation Any claim based upon: (1) Failure of any investment to per- form; (2) Errors in providing information on past performance of investment ve- hicles; or (3) Advice given to any person with respect to that person's decision to participate or not to participate in any plan included in the employee benefit program. f. Workers' Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, unem- ployment compensation insurance, so- cial security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fidu- ciary by the Employee Retirement In- come Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available, with rea- sonable effort and cooperation of the insured, from the applicable funds ac- crued or other collectible insurance. I. Taxes, Fines Or Penalties Taxes, fines or penalties, including those imposed under the Internal Rev- enue Code or any similar state or local law. j. Employment -Related Practices Damages arising out of wrongful ter- mination of employment, discrimination, or other employment-related practices. 2. For the purposes of the coverage provided: a. All references to Supplementary Pay- ments - Coverages A and B are re- placed by Supplementary Payments - Coverages A, B and Employee Benefits Liability. b. Paragraphs 1 b and 2 of the Supple- mentary Payments provision do not ap- ply. (continued next page) 3. For the purposes of the coverage provided, paragraphs 2 and 3 of Section II - Who Is An Insured are replaced by the following: 2. Each of the following is also an insured: a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons, organizations or em- ployees having proper temporary authorization to administer your employee benefit program if you die, but only until your legal repre- sentative is appointed. c. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this coverage. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other similar insur- ance applies to that organization. How- ever: a. Coverage under this provision is af- forded only until the 90th day after you acquire or form the organiza- tion or the end of the policy period, whichever is earlier. b. Coverage under this provision does not apply to any act, error or omis- sion that was committed before you acquired or formed the organiza- tion. 4. For the purposes of the coverage provided, Section III - Limits Of Insurance is replaced by the following: Limits Of Insurance a. The Limits of Insurance shown in d be- low and the rules below fix the most we will pay regardless of the number of: (1) Insureds; (2) Claims made or suits brought; (3) Persons or organizations making claims or bringing suits,- (4) uits,(4) Acts, errors or omissions; or (5) Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts, errors or omissions negligently commit- ted in the administration of your em- ployee benefit program. c. Subject to the Aggregate Limit, the e. The requirements to notify us can be satisfied by notifying our agent. Notice can be by any means of communication. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this coverage, our obliga- tions are limited as follows: a. Primary Insurance This coverage is primary except when paragraph b below applies. If this coverage is primary, our ob- ligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in paragraph c below. b. Excess Insurance (1) This coverage is excess over any of the other insurance, whether primary, excess, con- tingent or on any other basis that is effective prior to the beginning of the policy period shown in the Declarations of this insurance and that applies to an act, error or omission on other than a claims -made ba- sis, if the other insurance has a policy period which contin- ues after the original inception date of this coverage. (2) When this coverage is excess, we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this coverage is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of the total amount that all such other in- surance would pay for the loss in absence of this coverage; and the total of all deductible and self-insured amounts un- der all that other insurance. (4) We will share the remaining loss, if any, with any other in- surance that is not described (continued next page) in this Excess Insurance provi- sion and was not bought spe- cifically to apply in excess of the Limits of Insurance shown in paragraph 5d of this cov- erage. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contri- butes equal amounts until it has paid its applicable Limit of Insur- ance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable Limits of Insurance to the total applicable Limits of Insur- ance of all insurers. 6. For the purposes of the coverage provided, the following Extended Reporting Period provisions are added, or, if this coverage is attached to a claims -made Coverage Part, replaces any similar Section in that Cov- erage Part: EXTENDED REPORTING PERIOD a. You will have the right to purchase an Extended Reporting Period, as de- scribed below, if: (1) This coverage is canceled or not renewed; or (2) We renew or replace this coverage with insurance that: (a) Has an inception date later than the original inception date of this coverage; or (b) Does not apply to an act, er- ror or omission on a claims - made basis. b. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It ap- plies only to claims for acts, errors or omissions that were first committed be- fore the end of the policy period but not before the original inception date of this coverage. Once in effect, the Extended Reporting Period may not be canceled. c. An Extended Reporting Period of five years is available, but only by an en- dorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after ployee does not include a temporary The most we will pay for an occurrence worker. under this coverage is $2,500. b. "Suit" means a civil proceeding in which The most we will pay for the sum of all damages because of an act, error or amounts paid under this coverage is an omission to which this coverage applies aggregate of $2,500. are alleged. Suit includes: The General Aggregate Limit and Each (1) An arbitration proceeding in which Occurrence Limit under Section III - such damages are claimed and to Limits of Insurance do not apply to the which the insured must submit or insurance provided under this coverage. does submit with our consent; or d. Settlement (2) Any other alternative dispute reso- If you make any repairs to damaged lution proceeding in which such property, at our request, we will pay the damages are claimed and to which larger of your actual cost or 75% of the insured submits with our con- your usual charge for the necessary la - sent. bor and materials. Any property paid for M. Voluntary Property Damage or replaced by us may become our 1. With respect to the insurance provided un- property at our option. Any payment der this coverage, paragraph 2 Exclusions made under this coverage shall not be of Coverage A - Bodily Injury and Property interpreted as an admission of liability Damage Liability under Section I - Cov- by the insured or the company. erages is modified as followed: e. Deductible a. Exclusion 2j(4) is replaced by the fol- Our obligation to pay for a covered loss lowing: applies only to the amount of loss in (4) Personal property of others: excess of $200. (a) Held by the insured for servic- f. Other Insurance ing, repair, storage or sale at The insurance provided by this cover - premises owned, occupied or age is excess over any other insurance rented to the insured. carried by the insured which applies to (b) Caused by the ownership, a loss covered by this coverage. maintenance, use, loading or N. Increased Limits of Insurance unloading of any auto, water- 1. The General Aggregate Limit is increased craft or transportation of prop- to three times the Each Occurrence Limit. erty by any means. rty 2• The Products -Completed Operations Aggre- b. Exclusion is deleted. gate Limit is increased to three times the 2. The insurance provided by this coverage is Each Occurrence Limit. subject to the following provisions: 3. The Damage To Premises Rented To You a. We will pay for property damage at Limit is increased to $250,000. your request even if you are not legally 4. The Medical Expense Limit is increased to liable, if it is otherwise subject to this $10,000. coverage. The Limits of Insurance shown here do not b. Property damage does not include loss replace and are not in addition to the Limits of of use if personal property of others is Insurance shown in the Declarations. not physically injured. c. Limits Southern Idaho Electric Inc - Policy #X89871 ADDITIONAL INSURED - COMPLETED OPERATIONS - PRIMARY AND NONCONTRIBUTORY AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (OWNERS, LESSEES OR CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Section II - Who Is An Insured is amended to include as an additional insured: a. Any person(s) or organization(s) for whom you have performed operations if you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your poli- cy for completed operations; and b. Any other person(s) or organization(s) you are required to add as an additional insured under the contract or agreement described in paragraph a above. Such person or organization is an additional insured only with respect to liability included in the products -completed operations hazard for bodily injury or property damage caused, in whole or in part, by your work performed for that additional insured at the location desig- nated and described in the contract or agree- ment. 2. This insurance does not apply to: CG -7274(5-13) a. Bodily injury or property damage which oc- curs prior to the execution of the contract or agreement described in item 1; or b. Bodily injury or property damage that oc- curs after the time period during which the contract or agreement described in item 1 requires you to add such person or or- ganization onto your policy as an additional insured for completed operations; or c. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional, architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve maps, shops drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 3. The insurance provided by this endorsement is primary and noncontributory. cn F- LU w rdw 0 M N V- 0 N 7 C (C W 2 F- 06 W F- a N J .Y a LU a z ❑ F5 s f V- Q r r O 7 N 04 71 w w m E F - z M O a m sgns # 3!l puo8 PM umpuapp pauGis w O z LU -EV i -EV v1--lj1 rage i of 1 Home I Setup an Account I Log In ConUactof V Username Passviord LOGIN ❑ REMEMBER ME Forgot Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Public Works Search f--? Search Again Download Results Printable View Southern Idaho Electric, Inc. PWC -C-1520616000 4 CC ACTIVE I Southern Idaho Eb 'First Prev' Pae 1 of 1 Next iLast Details - License Number: PWC -C-15206 Lic Info Fees $775.001 Registration#: PWC -C-15206 Issue: 2/27/2015 Expire: 2/28/2016 Type: PUBLIC WORKS Sub -Type: CC Status: ACTIVE Company: Southern Idaho Electric, Inc. Phone: (208)495-2773 Cell: (208) 941-5750 Pager: 208 Fax: (208) 495-2780 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Watertower St, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublieWorksSearchRslts.aspx 1/5/2016 lliov3 v iewmg nusiness rntlLy rage 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity #3 Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for SOUTHERN IDAHO ELECTRIC INCORPORATED ] [ Monitor SOUTHERN IDAHO ELECTRIC INCORPORATED business filings ] PO BOX 182 MELBA, ID 83641 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 02 Jan 2003 Origination/Authorization: Initial Registered Agent: LEE VANSCHOIACK 3488 LITTLE FOOT LN MELBA, ID 83641 Organizational ID / Filing C146963 Number: Number of Authorized Stock 100 Shares: Date of Last Annual Report: 30 Nov 2015 Annual Report Due: Jan 2017 Original Filing: [ Help Me Print/View TIFF ] Filed 02 Jan 2003 INCORPORATION View Image (PDF format) View Image (TIFF format) Annual Reports: [ Help Me Print/View TIFF ] Report for year 2016 ANNUAL REPORT View Document Online Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT View Image (PDF format) View Image (TIFF forma _View Image (PDF format) View Image (TIFF format] View Image (PDF format) View Image (TIFF formatj http://www.accessidaho.org/public/sos/corp/C146963.html 1/5/2016 111OV0 v lewilig 15uslnes5 MILILY rage z or z Report for year 2006 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2005 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2005 UNDELIVERABLE View Image (PDF format) View Image (TIFF format) Report for year 2004 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(&sos.idaho.gov http://vrww.accessidaho.org/public/sos/corp/Cl46963.html 1/5/2016 Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: 5J PROJECT NUMBER: H-2015-0015 ITEM TITLE: Falconers Place Subdivision Findings of Fact, Conclusions of Law for Falconers Place Subdivision (H- 2015-0015) by Summit Equity, LLC Located East Side of Eagle Road, South of Victory Road Request: Preliminary Plat Approval Consisting of Twenty -Three (23) Single -Family Residential Lots and Six (6) Common Lots on Approximately 4.69 Acres in the R-8 Zoning District AND Modification of the Recorded Development Agreement (Inst. # 105152708) for the Purpose of Altering the Type and Number of Buildings to be Constructed on the Subject Property 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: January 19, 2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: A. Formal Swearing in of 3 New Police Officers: Jeremy Churchfield, Matt Ferronato, Tuyen Nguyen MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes V// CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: B. Present Chief's Commendation Certificate to Citizen Don Ankenman 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: January 19, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: C. Ada County Highway District (ACHD) Strategic Plan Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes V/z CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ou r M i s s i o n : W e d r i v e q u a l i t y t r a n s p o r t a t i o n f o r a l l A d a C o u n t y … A n y t i m e , Ou r M i s s i o n : W e d r i v e q u a l i t y t r a n s p o r t a t i o n f o r a l l A d a C o u n t y … A n y t i m e , Ou r M i s s i o n : W e d r i v e q u a l i t y t r a n s p o r t a t i o n f o r a l l A d a C o u n t y … A n y t i m e , Ou r M i s s i o n : W e d r i v e q u a l i t y t r a n s p o r t a t i o n f o r a l l A d a C o u n t y … A n y t i m e , An y w h e r e ! An y w h e r e ! An y w h e r e ! An y w h e r e ! 1 In f o r m a t i o n B r i e f i n g Pl a n n i n g a n d P r o g r a m m i n g M a n a g e r Ja n u a r y 1 9 , 2 0 1 6 Ju s t i n L u c a s De f i n e s h o w A C H D w i l l a c c o m p l i s h i t s V i s i o n a n d Mi s s i o n o v e r t h e n e x t 2 0 y e a r s ; In f o r m s a n d g u i d e s t h e 2 0 y e a r C a p i t a l Im p r o v e m e n t P l a n ( C I P ) , t h e I n t e g r a t e d F i v e Y e a r Wo r k P l a n a n d t h e a n n u a l b u d g e t ; Me m o r i a l i z e s A C H D ’ s c o m m i t m e n t t o a s s e t ma n a g e m e n t ; Hi g h l i g h t s u n i q u e o p p o r t u n i t i e s a n d a r e a s o f co n c e r n f a c i n g A C H D ; a n d Es t a b l i s h e s c l e a r s t r a t e g i e s t o h e l p A C H D de t e r m i n e t h e b e s t w a y t o a l l o c a t e i t s r e s o u r c e s ov e r t h e n e x t 2 0 y e a r s 2 3 Pl a n n i n g F r a m e w o r k Pl a n n i n g F r a m e w o r k Pl a n n i n g F r a m e w o r k Pl a n n i n g F r a m e w o r k -C o m m o n t r a n s p o r t a t i o n v a l u e s -C o n t e x t a n d d e m o g r a p h i c s -G o a l s a n d O b j e c t i v e s Lo o k i n g A h e a d Lo o k i n g A h e a d Lo o k i n g A h e a d Lo o k i n g A h e a d St r a t e g i c A p p r o a c h St r a t e g i c A p p r o a c h St r a t e g i c A p p r o a c h St r a t e g i c A p p r o a c h -A s s e t m a n a g e m e n t a n d n e e d s -F i n a n c i a l f o r e c a s t s ( C I P ) -T r a d e o f f a n a l y s i s a n d p o l i c y de f i n i t i o n Mo v i n g F o r w a r d Mo v i n g F o r w a r d Mo v i n g F o r w a r d Mo v i n g F o r w a r d In v e n t o r y a n d a s s e s s Es t a b l i s h p e r f o r m a n c e m e a s u r e s Id e n t i f y a r e a s o f h i g h r i s k i n t h e s h o r t a n d lo n g t e r m Co n s i d e r l i f e c y c l e c o s t Al l o c a t e r e s o u r c e s t o a c h i e v e p e r f o r m a n c e me a s u r e s Mo n i t o r p r o g r e s s a n d a d j u s t 4 As s e t M a n a g e m e n t i s a l o n g - t e r m e f f o r t t o ac h i e v e t h e s e o b j e c t i v e s t h r o u g h a p r o c e s s o f co n t i n u o u s i m p r o v e m e n t . 5 Fu n c t i o n Fu n c t i o n Fu n c t i o n Fu n c t i o n La n e La n e La n e La n e Mi l e s Mi l e s Mi l e s Mi l e s Co n d i t i o n ( P C I ) Co n d i t i o n ( P C I ) Co n d i t i o n ( P C I ) Co n d i t i o n ( P C I ) Cu r r e n t Cu r r e n t Cu r r e n t Cu r r e n t Pe r f o r m a n c e Pe r f o r m a n c e Pe r f o r m a n c e Pe r f o r m a n c e G o a l Goal Goal Goal Ar t e r i a l s 1 0 5 6 V e r y G o o d ( 8 6 ) V e r y G o o d ( 7 0 - 1 0 0 ) Co l l e c t o r 5 0 2 V e r y G o o d ( 8 4 ) V e r y G o o d ( 7 0 - 1 0 0 ) Lo c a l 3 1 3 2 V e r y G o o d ( 8 3 ) V e r y G o o d ( 7 0 - 1 0 0 ) Cu r r e n t Cu r r e n t Cu r r e n t Cu r r e n t R e s o u r c e Re s o u r c e Re s o u r c e Re s o u r c e Al l o c a t i o n ( n o A C H D Al l o c a t i o n ( n o A C H D Al l o c a t i o n ( n o A C H D Al l o c a t i o n ( n o A C H D la b o r / e q u i p m e n t ) la b o r / e q u i p m e n t ) la b o r / e q u i p m e n t ) la b o r / e q u i p m e n t ) Re s o u r c e Re s o u r c e Re s o u r c e Re s o u r c e N e e d s Ne e d s Ne e d s Ne e d s Kn o w n Kn o w n Kn o w n Kn o w n R i s k s Risks Risks Risks Sh o r t Te r m Lo n g Te r m Op e r a t i o n a l 1 6 % • Sy s t e m g r o w t h • Sy s t e m a g e ( w a v e s ) • Re s i d e n t i a l p e r f o r m a n c e go a l • Ol d S u b d i v i s i o n s Ca p i t a l 1 0 - 2 0 % “s o m e o f t h e b e s t r o a d s f o r a m e t r o p o l i t a n a r e a “s o m e o f t h e b e s t r o a d s f o r a m e t r o p o l i t a n a r e a “s o m e o f t h e b e s t r o a d s f o r a m e t r o p o l i t a n a r e a “s o m e o f t h e b e s t r o a d s f o r a m e t r o p o l i t a n a r e a in t h e C o u n t r y a n d q u e s t i o n a b l y in t h e C o u n t r y a n d q u e s t i o n a b l y in t h e C o u n t r y a n d q u e s t i o n a b l y in t h e C o u n t r y a n d q u e s t i o n a b l y TH E B E S T TH E B E S T TH E B E S T TH E B E S T in in in in th e N o r t h w e s t t o i n c l u d e S e a t t l e , V a n c o u v e r , th e N o r t h w e s t t o i n c l u d e S e a t t l e , V a n c o u v e r , th e N o r t h w e s t t o i n c l u d e S e a t t l e , V a n c o u v e r , th e N o r t h w e s t t o i n c l u d e S e a t t l e , V a n c o u v e r , an d P o r t l a n d an d P o r t l a n d an d P o r t l a n d an d P o r t l a n d – – –– k e e p d o i n g w h a t y o u a r e d o i n g ” ke e p d o i n g w h a t y o u a r e d o i n g ” ke e p d o i n g w h a t y o u a r e d o i n g ” ke e p d o i n g w h a t y o u a r e d o i n g ” 10 0 , 0 0 0 20 0 , 0 0 0 30 0 , 0 0 0 40 0 , 0 0 0 50 0 , 0 0 0 60 0 , 0 0 0 70 0 , 0 0 0 19 9 5 2 0 0 0 2 0 0 5 2 0 1 0 2 0 1 5 2 0 2 0 2 0 2 5 2 0 3 0 2 0 3 5 To t a l P o p u l a t i o n To t a l P o p u l a t i o n To t a l P o p u l a t i o n To t a l P o p u l a t i o n 6 Fr o m C I M 2 0 4 0 Gr o w t h d i r e c t l y i m p a c t s A C H D s y s t e m s i z e ( l a n e mi l e s ) a n d p e r f o r m a n c e ( c o n g e s t i o n ) 7 Hi g h ( 1 . 5 % ) , T r e n d , ~ 7 5 l a n e s m i l e s / y e a r ( 1 9 9 5 - 2 0 0 5 ) Me d i u m ( 1 % ) , M i d d l e G r o u n d , Me d i u m ( 1 % ) , M i d d l e G r o u n d , Me d i u m ( 1 % ) , M i d d l e G r o u n d , Me d i u m ( 1 % ) , M i d d l e G r o u n d , ~ 5 0 ~5 0 ~5 0 ~5 0 l a n e la n e la n e la n e m i l e s / y e a r mi l e s / y e a r mi l e s / y e a r mi l e s / y e a r (1 9 9 5 (1 9 9 5 (1 9 9 5 (1 9 9 5 - - -- 2 0 1 5 ) 20 1 5 ) 20 1 5 ) 20 1 5 ) Lo w ( 0 . 5 % ) , V i s i o n , ~ 2 5 l a n e m i l e s / y e a r ( 2 0 0 7 - 2 0 1 5 ) St a f f r e c o m m e n d s a 1 % S y s t e m G r o w t h St a f f r e c o m m e n d s a 1 % S y s t e m G r o w t h St a f f r e c o m m e n d s a 1 % S y s t e m G r o w t h St a f f r e c o m m e n d s a 1 % S y s t e m G r o w t h as a b a s e l i n e as a b a s e l i n e as a b a s e l i n e as a b a s e l i n e – – –– M i d d l e G r o u n d Mi d d l e G r o u n d Mi d d l e G r o u n d Mi d d l e G r o u n d 25 0 0 30 0 0 35 0 0 40 0 0 45 0 0 50 0 0 55 0 0 60 0 0 65 0 0 70 0 0 1 9 9 5 1 9 9 7 1 9 9 9 2 0 0 1 2 0 0 3 2 0 0 5 2 0 0 7 2 0 0 9 2 0 1 1 2 0 1 3 2 0 1 5 2 0 1 7 2 0 1 9 2 0 2 1 2 0 2 3 2 0 2 5 2 0 2 7 2 0 2 9 2 0 3 1 2 0 3 3 2 0 3 5 To t a l L a n e M i l e s To t a l L a n e M i l e s To t a l L a n e M i l e s To t a l L a n e M i l e s High 1.5% Medium 1.0% Low 0.5% Hi s t o r i c G r o w t h Sc e n a r i o s 8 - 2 0 , 0 0 0 , 0 0 0 4 0 , 0 0 0 , 0 0 0 6 0 , 0 0 0 , 0 0 0 8 0 , 0 0 0 , 0 0 0 1 0 0 , 0 0 0 , 0 0 0 1 2 0 , 0 0 0 , 0 0 0 1 4 0 , 0 0 0 , 0 0 0 1 6 0 , 0 0 0 , 0 0 0 1 8 0 , 0 0 0 , 0 0 0 2 0 0 , 0 0 0 , 0 0 0 19 9 5 2 0 0 0 2 0 0 5 2 0 1 0 2 0 1 5 2 0 2 0 2 0 2 5 2 0 3 0 2 0 3 5 To t a l R e v e n u e To t a l R e v e n u e To t a l R e v e n u e To t a l R e v e n u e Ex c l u d e s f e d e r a l a i d f o r c o m p a r i s o n p u r p o s e s Re v e n u e m u s t c o n t i n u e t o i n c r e a s e t o m e e t t h e ma i n t e n a n c e a n d e n h a n c e m e n t d e m a n d s d r i v e n b y th e p l a n n e d g r o w t h Ba s e d o n a d o p t e d b u d g e t s Ba s e d o n r e v e n u e a s s u m p t i o n s Co m m i s s i o n D i r e c t e d Dr a w d o w n o f r e s e r v e s Tw o S t e p A p p r o a c h Tw o S t e p A p p r o a c h Tw o S t e p A p p r o a c h Tw o S t e p A p p r o a c h AC H D ’ s p r i m a r y AC H D ’ s p r i m a r y AC H D ’ s p r i m a r y AC H D ’ s p r i m a r y f o c u s fo c u s fo c u s fo c u s De t e r m i n e a n d f u n d ma i n t e n a n c e ma i n t e n a n c e ma i n t e n a n c e ma i n t e n a n c e an d sa f e t y sa f e t y sa f e t y sa f e t y ne e d s b y a s s e t ca t e g o r y Pa v e m e n t Co m m u n i t y P r o g r a m s ( i n c l u d i n g s a f e s i d e w a l k s ) Br i d g e s Tr a f f i c S i g n a l s a n d M a t e r i a l s St o r m w a t e r F a c i l i t i e s AC H D ’ s AC H D ’ s AC H D ’ s AC H D ’ s s e c o n d a r y se c o n d a r y se c o n d a r y se c o n d a r y f o c u s fo c u s fo c u s fo c u s De t e r m i n e a n d f u n d en h a n c e m e n t en h a n c e m e n t en h a n c e m e n t en h a n c e m e n t ne e d s f o r c o n g e s t i o n ma n a g e m e n t a n d r e l i e f Ro a d w a y s a n d I n t e r s e c t i o n s 9 Ba s e d o n C o m m i s s i o n D i r e c t i o n Ba s e d o n C o m m i s s i o n D i r e c t i o n Ba s e d o n C o m m i s s i o n D i r e c t i o n Ba s e d o n C o m m i s s i o n D i r e c t i o n Th e A C H D C I P r e q u i r e s a c o m m i t m e n t t o fu n d c o n g e s t i o n r e l i e f p r o j e c t s a n d m a t c h im p a c t f e e r e v e n u e Ne e d t o a c h i e v e t h e r i g h t b a l a n c e b e t w e e n ma i n t a i n i n g a n d e n h a n c i n g t h e s y s t e m Th e a n s w e r s c a n b e e l u s i v e a n d a r e l i k e l y t o ev o l v e o v e r t i m e – c l e a r p e r f o r m a n c e pe r f o r m a n c e pe r f o r m a n c e pe r f o r m a n c e me a s u r e s c a n h e l p m o n i t o r i n t e n d e d me a s u r e s c a n h e l p m o n i t o r i n t e n d e d me a s u r e s c a n h e l p m o n i t o r i n t e n d e d me a s u r e s c a n h e l p m o n i t o r i n t e n d e d ou t c o m e s ou t c o m e s ou t c o m e s ou t c o m e s 10 Ou r M i s s i o n : W e d r i v e q u a l i t y t r a n s p o r t a t i o n f o r a l l A d a C o u n t y … A n y t i m e , Ou r M i s s i o n : W e d r i v e q u a l i t y t r a n s p o r t a t i o n f o r a l l A d a C o u n t y … A n y t i m e , Ou r M i s s i o n : W e d r i v e q u a l i t y t r a n s p o r t a t i o n f o r a l l A d a C o u n t y … A n y t i m e , Ou r M i s s i o n : W e d r i v e q u a l i t y t r a n s p o r t a t i o n f o r a l l A d a C o u n t y … A n y t i m e , An y w h e r e ! An y w h e r e ! An y w h e r e ! An y w h e r e ! C o m m e n t s o r q u e s t i o n s ? C o m m e n t s o r q u e s t i o n s ? C o m m e n t s o r q u e s t i o n s ? C o m m e n t s o r q u e s t i o n s ? C o m m e n t s o r q u e s t i o n s ? C o m m e n t s o r q u e s t i o n s ? C o m m e n t s o r q u e s t i o n s ? C o m m e n t s o r q u e s t i o n s ? Co n t i n u e d A C H D C o m m i s s i o n w o r k s e s s i o n s a n d Co n t i n u e d A C H D C o m m i s s i o n w o r k s e s s i o n s a n d Co n t i n u e d A C H D C o m m i s s i o n w o r k s e s s i o n s a n d Co n t i n u e d A C H D C o m m i s s i o n w o r k s e s s i o n s a n d pa r t n e r o u t r e a c h pa r t n e r o u t r e a c h pa r t n e r o u t r e a c h pa r t n e r o u t r e a c h Re s o u r c e a l l o c a t i o n Ca p i t a l I m p r o v e m e n t s P l a n ( C I P ) Me m o r i a l i z e t r a d e o f f s 11 Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: 7 ITEM TITLE: Items Moved From Consent 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 Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ja n u a r y 1 9 , 2 0 1 6 Ja n u a r y 1 9 , 2 0 1 6 Ja n u a r y 1 9 , 2 0 1 6 Ja n u a r y 1 9 , 2 0 1 6 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 It e m s # 8 A : I m p r e s a P a r k S u b d i v i s i o n Zo n i n g M a p Si t e P l a n It e m s # 8 B : P r i m a r y H e a l t h Zo n i n g M a p Pr o p o s e d C o n c e p t u a l D e v e l o p m e n t P l a n Pr e v i o u s D e v e l o p m e n t P l a n Speed bumps It e m s # 8 C : E d g e h i l l S u b d i v i s i o n Zo n i n g & A e r i a l M a p s Ed g e h i l l S u b d i v i s i o n - P r e l i m i n a r y P l a t & P h a s i n g P l a n ( R E V I S E D ) La n d s c a p e P l a n Co n c e p t u a l Bu i l d i n g E l e v a t i o n s Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: $A PROJECT NUMBER: H-2015-0042 ITEM TITLE: A. Public Hearing for Impresa Park Subdivision (H-2015-0042) by Rodhouse Capital, LLC Located South Side of W. Franklin Road, Approximately 1/4 Mile West of S. Meridian Road 1. Request: Short Plat Approval Consisting of Four (4) Building Lots on 1.22 Acres of Land in a L -O Zoning District 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE January 19, 2016 Project Number: ITEM # H-2015-0042 Project Name: Impresa Park Short Plat PLEASE PRINT NAME 2043 CITY OF FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: $B PROJECT NUMBER: H-2015-0045 ITEM TITLE: B. Public Hearing for Primary Health Clinic (H-2015-0045) by Matthew Witt, Rocky Mountain Companies Located 1648 & 1624 N.W. 1 st Street 1. Request: Modification to the Development Agreement to Update the Conceptual Development Plan for the Western Portion of the Site 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE January 19, 2016 Project Number: ITEM # H-2015-0045 Project Name: Primary Health MDA PLEASE PRINT NAME JAN 1 CITY CLERKS OFFICE FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: $C PROJECT NUMBER: H-2015-005 ITEM TITLE: C. Public Hearing for Edgehill Subdivision by JUB Engineers, Inc. (H-2015-0005) Located at 1393 & 1405 W. Victory Road 1. Request: Annexation and Zoning of 40.19 Acres of Land with an R-4 Zoning District 2. Request: Preliminary Plat Approval Consisting of 116 Building Lots and 7 Common Lots on 40.19 Acres of Land in an R-4 Zoning District 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE January 19, 2016 ITEM # 8C Project Number: H-2015-0005 Project Name: Edgehil AZ and PP 120ra CITY OF NAME I FOR I AGAINST I NEUTRALI I ( n,4�� C51P13// (0 1 1 1 1 Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: $D PROJECT NUMBER: H-2015-0011 ITEM TITLE: D. Public Hearing for UDC Text Amendment 2015 & Meridian Design Manual Revamp (H-2015-001 1) by City of Meridian Planning Division I I. Request: Text Amendment to the Unified Development Code (UDC) as follows: a. UDC Sections: Definitions; Residential Dimensional Standards; Fencing; Structure and Site and Multi -Family Design Standards; Common Open Space and Site Amenity Requirements; Specific Use Standards for Drinking Establishments, Flex Space and Home Occupations; Timelines for Signatures on Development Agreements; Subdivision Design and Improvement Standards and Other Miscellaneous Sections b. Reformat of the Meridian Design Manual Including Reducing Duplicate Guidelines; Removing Site Design and Transportation Related Guidelines; Emphasize Architectural Elements and Change the Name of the Design Manual to the City of Meridian Architectural Standards Manual Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Planning Department  33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533  Fax 208-888-6854  www.meridiancity.org January 19, 2016 MEMORANDUM TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor CC: Bill Nary, City Clerk, Caleb Hood; Project File RE: UDC Text Amendment 2015 and Meridian Design Manual Revamp (H-2015-0011) Honorable Mayor and City Council Members, On December 15, 2015, the City Council heard the UDC Text Amendment application and subsequently continued this item. During the public hearing, the Council expressed concerns with the proposed changes to the dimensional standards of the R-4 zoning district and further directed staff to explore more options for establishing an ordinance that would allow the greater flexibility to the City’s current common open space standards (UDC 11-3G) based on the quality of the amenities. For discussion purposes, staff has generated two (2) options for the Council to consider. These options are not ready for adoption and need further vetting with the UDC Focus Group, BCA and other City staff. Based on the Council’s concerns raised during the hearing, staff has updated the revision table as follows: 1) The proposed changes to the R-2 and R-4 dimensional standards have been removed; and 2) The proposed language that would allow residential developments with an average lot size of 10,000 square feet or greater or developments within a quarter (1/4) mile of a City regional park or an eighth (1/8) of a mile of a City community park to only install the required site amenities has also been removed. Page 2 Based on the above revisions, staff recommends that the City Council approve the updated revision table and provide staff feedback on which option (if any) that Council would like staff to pursue with the UDC Focus Group and the BCA regarding the common open space standards during the next round of UDC updates. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE January 19, 2016 Project Number: ITEM # H-2015-0011 :E Project Name: UDC Text Amendment P NAME FOR AGAINST NEUTRAL Q I TY OF E Qg CITY CLERKS OFFICE Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: A. Police Department: Budget amendment for Spending Authority for the Police Mobilization Grant, in the Amount of $39,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS z O_ (D Q. N T N O O W n. O (D D (D 7 CL fD 7 T O 1 0 M fD M 3 C fD 0 O 3 (v 0 3 lD O 0 0 T O N 7 N � � C) IOF O O co v D CL � Q � r+ < (D CDN O (D W rt c D _ m a 3 m ,3-. 70 9 c fo .y'. v CLi v 0' v O N n IL R v 0 C m \ � o fD N N l O h O K 3 7, n X a fD 3 O. 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Ln �I O O F•A N O P w to O 0o W O Iv 4�h Iv O m in. t/). in• in• in• w O 0 O O O 0 L00 n - N P K = O 2 O 0 l<D C G O N O O v m m r+ m 3 2 rD O c G1 r n O O. m F, O O w o o a 7q m rr N 1-A w N v m m 3 A m Steve Siddoway From: Max Jensen Sent: Thursday, January 14, 2016 9:31 AM To: Steve Siddoway Cc: Eric Jensen Subject: Cubical Work Station Estimate Steve The below is the requested estimate for the addition of a cubical work station in room 212: Item No. Item Est. Unit Cost Quantity 1 Cubicle Walls and Work Surface 1 LS 6,000 2 Electrical Floor Box with Com and Power, Light Fixture with Power 1 LS 3,500 Total 9,500 Estimated schedule: 7 to 9 weeks from date of Notice to Proceed. Max S. Jensen Capital Projects Manager City of Meridian 33. E. Broadway Ave, Ste 204 Meridian, ID 83642 Phone: (208) 898-5500 Fax: (208) 898-9551 Email: miensen@meridiancity.org Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: 10A PROJECT NUMBER: AZ 14-016 ITEM TITLE: Nesting Swan A. Ordinance No. 1(0 - K1 D9 : Nesting Swan (AZ 14-016). An Ordinance for the Annexation and Re -Zoning For a Parcel of Land being Lots 1 and 3 of Martinel Subdivision, as Recorded in Book 66, Page 6764, Official Records of Ada County, Idaho including an Unplatted Portion of the Southwest One Quarter of the Southwest One Quarter of Section 28, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This Parcel Contains 27.75 Acres more or less. MEETING NOTES 4 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-005058 BOISE IDAHO Pgs=8 LISA BATT 01/20/2016 01:29 PM MERIDIAN CITY NO FEE II' 11 l l' ll� 1111111111111111111 IS 11 I I II I I I IIIIIII SII 00185889201600050680080088 CITY OF MERIDIAN ORDINANCE NO. Ito ' BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (AZ 14-016 NESTING SWAN RANCH) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND BEING LOTS 1 AND 3 OF MARTINEL SUBDIVISION, AS RECORDED IN BOOK 66, PAGE 6764, OFFICIAL RECORDS OF ADA COUNTY, IDAHO, INCLUDING AN UNPLATTED PORTION OF THE SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City ofMeridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit : Gladys Allen and Donald & Marie Morgan. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-4 (Low Density Residential District) and R-8 (Medium Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION — NESTING SWAN RANCH (AZ 14-016) Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this �q4'_ day of , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2016. ANNEXATION — NESTING SWAN RANCH (AZ 14-016) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this �ok day of �Jo`'(llh�� , 2016, 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, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) OF .• 8860.. NOTA Y P1 JBLIC FOR O RESIDING AT: Qek-\ k 0, v1 �D MY COMMISSION EXPIRES: ANNEXATION — NESTING SWAN RANCH (AZ 14-016) Page 3 of 3 EXHIBIT A A MA Sawtooth Land 5urveying, LLC P: (?(-,:8) 398-8104 F: (208) 398-8105 20.34) a. Washington Ave.. Emmett. ID 83617 January11, 2016 Logan Creek Subdivision Annexation Legal Description: R-4 Zone The Basis of Bearings for this description is North 0037'07" East between the southwest comer of section 28 and the west'/ of section 28. A parcel of land located in the SW1/4 of the SW1/4 of Section 28, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Southwest corner of said Section 28; Thence N 0037'07" E, coincident with the West line of the SW 1/4 of the SW 1/4 said Section 28, a distance of 235.00 feet to the POINT OF BEGINNING; Thence continuing N 0°37'07" E, coincident with said West line of the SW 1/4 of the SW 1/4 of Section 28, a distance of 403.29 feet; Thence S 89°07'57" E, coincident with the north line of Martinel Subdivision as shown in Book 66 of Plats, at Pages 6764-6768, Ada County Records, 826.63 feet; Thence N 0°52'03" E, coincident with the west line of said Martinel Subdivision, 290.16 feet; Thence S 88057'48" W, coincident with the south line of said Martinel Subdivision, 247.57 feet; Thence N 0°56'56" E, coincident with said west line of Martinel Subdivision, 403.05 feet; Thence S 89°19'26" E, coincident with the north line of said Martinel Subdivision, 745.97 feet; Thence S 0033'00" W, coincident with the east line of said Martinel Subdivision, 793.14 feet; Thence N 89°15'17" W, coincident with said south line of Martinel Subdivision, 411.19.feet; Thence S 0°33'00" W, 529.80 feet to the south line of said SW 114 of the SW 1/4 of Section 28; Thence N 89°15'17" W, coincident with said south line of the SW 1/4 of the SW 1/4 of Section 28, a distance of 574.10 feet; Thence N 0°36'48" E, coincident with said west line of Martinel Subdivision, 235.00 feet; Thence N 89°15'16" W, coincident with said south line of Martinel Subdivision, 344.98 feet to the POINT OF BEGINNING; P:\20�15\151MLOGAN CREEK SUBDIVISION\Survey\Drawings\Descriptions\PPLAT App -Annexation logan creek - R-4 ZONiNG.docx Page 11 The above described parcel contains 2�more or less, EN End Descriptionq oF�O P:\2015\15109-LOGAN CREEK SUBDIVISION\Survey\Drawings\Descriptions\PPLAT App -Annexation logan creek -R-4 ZONING.docx Pacie 12 M Sawtooth Land Surveying, LLC .it, 7 ��= rP: (208) 398-8104 F: (208) 398-8105 f 2030 5. Wa5hngton Ave_ Fmmett. V 83G 17 January 11, 2016 Logan Creek Subdivision Annexation Legal Description: R-8 Zone The Basis of Bearings for this description is North 0037'07" East between the southwest corner of section 28 and the west '/a of section 28. A parcel of land located in the SW1/4 of the SWI/4 of Section 28, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found aluminum cap marking the southwest corner of Section 28; Thence South 89015'17" East, coincident with the centerline of E. Amity Road, 919.10 feet to the POINT OF BEGINNING; Thence North 0033'00" East, coincident with the easterly boundary of Lot 1, Block 1, Martinel Subdivision, as shown in Book 66 of Plats, at Pages 6764-6768, Ada County Records, 529.80 feet; Thence South 89015'17" East, coincident with the southerly boundary of Lot 3, Block 1, of said Martinel Subdivision, 411.19 feet; Thence South 0033'00" West, 529.80 feet; Thence North 89015'17" West, coincident with said centerline of E. Amity Road, 411.19 feet to the POINT OF BEGINNING; The above described parcel containing 5.00 acres more or less a End Description ►A1- LA/y4 (//Z /& �C POA'/ P:\2015\15109-LOGAN CREEK SUBDIVISION\Survey\Drawings\Descriptions\PPLAT App -Annexation - R-8 ZONING.docx Page 11 EXHIBIT B 00,v� Qah�o F� Q�a�14 2 � U oe 8Ls M .Oostao s y Y 4t � uj N w s � w ma a aN � q N � o N Y l 1\ O � C ,o8'QL4 3 .oD,ffAo N a oz � z 0 m >m W mz Ln �0 ul wz N U00 m a0 4 J YOR o tty � CO g, \e �o 0 CL 's G R ■ '�y���01J u arca 31SY3 's SONIM8 do Sim . . ti 0 a to ? 0 a,� v aapp 4 ab O z to r z t� •� z 0 > m_ °mom Ne Z wz 0:o UN V QT O ne arov � •s Q J YOR cm �'yOad NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16 - PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land being Lots 1 and 3 of Martinel Subdivision, as recorded in Book 66, Page 6764, official records of Ada County, Idaho including an unplatted portion of the Southwest One Quarter of the Southwest One Quarter of Section 28, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 27.75 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of 32016 City of Mer 6n Mayor and 01ty Council By: Jaycee L. Holman, City Clerk CD�PCED A UGCis� �GO� l,90 w City of SEAL F��F9° The T0.E 151l";0 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. 15 - 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. 16- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901 A (3). DATED this day of , 2016. William. L.M. Nary City Attorney ORDINANCE SUMMARY - NESTING SWAN RANCH (AZ 14-016) Meridian City Council Meeting DATE: January 19, 2016 ITEM NUMBER: 1 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS