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HomeMy WebLinkAbout2016-05-03I CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, May 03, 2016 at 6:00 PM 1. Roll -Call Attendance Anne Little Roberts X Joe Borton Ty Palmer R Keith Bird Genesis Milam _® Luke Cavener _ Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Troy Drake with Calvary Chapel Meridian 4. Adoption of the Agenda Adopted 5. Proclamation A. Proclamation for Building Safety Month 6. Consent Agenda Approved A. Approve Minutes of April 19, 2016 City Council Meeting B. Development Agreement for Clarence McLain, Tribal Fire (MDA -14-013) located on the north side of E. Overland Road, east of S. Topaz Avenue in the southeast 1/4 of section 16, Township 3 North, Range 1 East C. Amended Development Agreement for TM Creek East AZ, MDA (H-2015- 0018) with SCS Brighton, LLC located in the Northwest One Quarter of Section 14, Township 3 North, Range 1 West D. Development Agreement for Brinegar Prairie (H-2015-0046) with Heartland Townhomes Property Management located at 2220 N. Ten Mile Road on the east side of N. Ten Mile Road, north of W. Cherry Lane, in the SW 1/4 of Section 02, Range 1W. Meridian City Council Meeting Agenda Tuesday, May 03, 2016 — Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. License Agreement for Landscape Maintenance Between the City of Meridian and Bridgetower Owners' Association LLC Regarding Premises Adjacent to the Future Bellano Creek Neighborhood Park F. Professional Services Agreement With Treasure Valley Commonwealth. in a Not -to -Exceed Amount of $200.00 G. Pedestrian Pathway Easement Between the City of Meridian and Challenger Development, Inc., Regarding a Multi -Use Pathway as Part of the Baraya Subdivision Located South and East of Franklin and Black Cat Roads H. Resolution No. 16-1136: Updated Bylaws of the Mayor's Youth Advisory Council Moved this to Item 1 I. Resolution No. 16-1137: A Resolution Of The Mayor And The City Council Of The City Of Meridian Authorizing The City Clerk To Destroy Certain Semi -Permanent And Temporary Records Of The City Clerk's Office; And Providing An Effective Date J. Resolution No. 16-1138: A Resolution of the City of Meridian Approving a Joint Powers Agreement by and between the City of Meridian, City of Boise City, Ada County, the Ada County Highway District, City of Eagle, City of Garden City, City of Kuna and City of Star for the Cooperative Provision of Emergency Management Services in Ada County; Authorizing the Mayor and City Clerk to Execute and Attest said Agreement on Behalf of the City of Meridian; and Provide for an Effective Date. 7. Community Items/Presentations A. Annual Update by Ada County Assessor Bob McQuade B. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update Resolution1. Moved from the Consent Agenda (former Item 6H): Approval of 16-1136: Updated Advisory Council - Approved C. Ten Mile A Urban Renewal Plan - Receive and Refer Plan to Taxing Entities and Planning & Zoning Commission Motion approved to send the report to teapplicable taxin districts. Motion approved to refer plan tot e Planning and ZoningCommission's next meeting. 8. Items Moved From the Consent Agenda None Meridian City Council Meeting Agenda Tuesday, May 03, 2016 — Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. 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 Staffs 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: Proposed Summer 2016 Fee Schedule of the Meridian Parks and Recreation Department B. Resolution No. 16-1139: A Resolution Adopting the Summer 2016 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved C. Public Hearing Continued from March 1, 2016 for Browning Plaza (H-2016- 0008) by SLN / Boise -Waltman, LLC Located 505, 521, 615 and 675 Waltman Lane 1. Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat Continued to May 24th,2016 D. Final Plat for Bainbridge Subdivision No. 3 (H-2016-0039) by Brighton Development Located Southeast Corner of N. Black Cat Road and W. Vanderbilt Drive 1. Request: Final Plat Approval Consisting of Thirty -Nine (39) Building Lots and Five (5) Common Lots on 16.38 Acres of Land in an R-8 Zoning District Continued to May 17th,2016 E. Public Hearing for Saint Ignatius School by Roman Catholic Diocese of Boise Located 6180 N. Meridian Road (H-2016-0028) Approved 1. Request: Annexation and Zoning of 10.71 Acres of Land with a C -C Zoning District F. Public Hearing Continued from April 26, 2016 for Volterra Subdivision (H- 2016-0033) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Continued to May 17th,2016 Meridian City Council Meeting Agenda Tuesday, May 03, 2016 — Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. Request: Amend the Recorded Development Agreement (Instrument #106034786, Amended as Instrument #11101393) to Allow Right Out Only Access to N. Ten Mile Road for the Office Lots Approved with the Volterra South Subdivision G. Public Hearing Continued from April 19, 2016 for Meridian Property Group (H-2016-0004) by Darel T. Hardenbrook Located 1139 E. Fairview Avenue Approved ith conditions 1. Request: Annexation and Zoning of 0.63 Acres of Land with a C -G Zoning District 2. Request: Modify the Existing Development Agreement (Inst. #109134178) to Incorporate Parcel #S1107120620 As Well As to Modify Certain Other Provisions H. Public Hearing for Kenners Subdivision (H-2016-0018) by Kouba Homes, LLC Located East of N. Locust Grove Road, North Side of E. Fairview Avenue Approved 1. Request: Annexation and Zoning of 0.932 Acres of Land with an R-8 Zoning District 2. Request: Preliminary Plat Consisting of Eight (8) Building Lots and One (1) Common Lot on 1.28 Acres of Land in the R-8 Zoning District Public Hearing for UDC Text Amendment - Common Open Space (H-2016- 0024) by EGC Development, LLC Approved 1. Request: Text Amendment to the Unified Development Code (UDC) as Follows: 1) UDC Section: Common Open Space (UDC -11 -3G -3A Open Space and Site Amenity Requirement) J. Public Hearing for Maverik (H-2016-0027) by Maverik, Inc. Located 1515 E. Fairview Avenue Continued to May 17th, 2016 1. Request: Annexation and Zoning of Approximately 3.907 Acres of Land with a C -G Zoning District 10. Department Reports A. Public Works: Budget Amendment for FY2016 in the Amount of $40,000.00 for the Construction of Test Well 32 Approved Meridian City Council Meeting Agenda Tuesday, May 03, 2016 — Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Public Works: Approval of Award of Bid and Agreement to POST DRILLING for the "Well 32 Test Well - Construction" project for a Not -To - Exceed amount of $228,750.00. Approved 11. Ordinances A. Ordinance No. 16-1686: An Ordinance (Tribal Fire AZ -14-013) of the City of Meridian Granting the Annexation and Zoning of 1.44 Acres of Land to the C -G (General Retail and Service) Zoning District in the Meridian City Code. The Property is Located in Lot 1, Block 2, Rolling Hills Subdivision and Part of the Rights -of -Way Adjacent Thereto, Lying in the Southwest 1/4 of the Southeast 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; and Providing an Effective Date. Approved B. Ordinance No. 16-1687: An Ordinance (TM Creek East H-2015-0018) of the City of Meridian Granting the Annexation and Zoning of 14.93 Acres of Land to the R-40 (High Density Residential) Zoning District in the Meridian City Code. The Parcel is Located in the Northwest One Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; and Providing an Effective Date. Approved C. Ordinance No. 16-1688: An Ordinance (Brinegar Prairie H-2015-0046) of the City of Meridian for the Annexation and Zoning of 23.46 Acres of Land with an R-8 (Medium Density Residential) Zoning District. Said Property is a Parcel of Land Located in the SW 1/4 of Section 2, Township 3 North, Range 1 West, Meridian, Ada County, Idaho. Approved 12. Other Items None 13. Future Meeting Topics None 14. Executive Session per Idaho State Code 74-206A (1)(a): Considering A Labor Contract Offer Or To Formulate A Counteroffer Into Executive Session at 9:38 •w ,.10:27 PM Meridian City Council Meeting Agenda Tuesday, May 03, 2016 — Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents 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 May 3, 2016 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, May 3, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Ty Palmer, Genesis Milam, Anne Little Roberts and Luke Cavener. Others Present: Bill Nary, Jacy Jones, Jaycee Holman, Bruce Chatterton, Josh Beach, Berle Stokes, Perry Palmer, Warren Stewart 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: I'd like to welcome all of you to our City Council meeting. For the record it is Tuesday, May 3rd. It's 6:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel Meridian De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Troy Drake. Thank you for joining us. If you will, please, join us in the community invocation or take this as an opportunity for a moment of reflection. Drake: Lord God in Heaven, you said in your word, the Bible, that you are the one who appoints all those who are in authority in our -- that govern our nation and so, God, we just want to thank you for them here tonight and so we pray for all those who are in authority. You said to pray for them and to respect them and Lord, we pray for our president and all his advisors, Lord, our governor, our congress, Lord. These people here tonight who give of their time, many have done it for many years and we just appreciate them, God, so we pray that you give them lots of wisdom in making all these decisions that they have to do and that you would pour out your grace on them and, lastly, Lord, I just feel like I'm Meridian City Council May 3, 2016 Page 2 of 81 supposed to pray for everybody in this building, all those who work here at City Hall, the -- the people that have to do things connected to building and permits and all those things that probably go a little unnoticed and so we just pray for them, Lord, and everyone here in this room tonight, this meeting, Lord, regardless of what's going on in our life we pray, God, that you would help those who need it and we just appreciate you so much that you care about all these details and so we just ask one last time that you bless this time together and it's in Jesus' name we pray, amen. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda, Item H on the Consent Agenda, which is the Resolution 16-1136, has been asked by staff to be moved to Item 7-B-1 under the Mayor's Office and Item J on the Consent is Resolution No. 16-1138 and Item I is Resolution No. 16-1137. Item 9-B -- or -- yeah. Is Resolution No. 16-1139. Item 9-C has been asked by applicant to be continued to May 24th. Item 9-E has been asked by applicant to have a continuance to May 17th. Item 9-F, applicant requests a continuance to May 17 due to incorrect sign posting. Item 11-A, the ordinance number is 16-1686. Item 11-B, ordinance number is 16-1687 and Item 11-C, ordinance number is 16-1688 and with that I move we approve the amended agenda. Borton: Second. De Weerd: We 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: Proclamation A. Proclamation for Building Safety Month De Weerd: Council, I have a proclamation and I will move to the podium and ask Sam and Brent to join me. Thank you for being here. This -- this was an internal request. Usually we get community requests for proclamations. This one is to celebrate the -- our Building Safety Month and with me I have two of our Building Department employees. Actually, they are the ones that make things work in our city, so thank you for joining us. Whereas Building Safety Month first observed in 1980 is sponsored by the International Code Council, an organization dedicated Meridian City Council May 3, 2016 Page 3 of 81 to building safety and fire prevention and whereas building safety and fire prevention codes address all aspects of construction, such as structural soundness of buildings, reliability of fire prevention and suppression systems, plumbing and mechanical systems and energy efficiency and sustainability and whereas the City of Meridian uses the international codes, the most widely adopted building, safety, and fire prevention codes in the nation as the best way of keeping our loved ones safe and protecting our homes, offices, schools, manufacturing facilities, stores and entertainment venues and whereas we place our confidence in the diligent devotion of our building safety and fire prevention officials, architects, engineers, builders and others in the construction industry who work year around to insure that the places we live, learn, work, worship and play are safe and whereas building codes driving growth through innovation, resilience and safety, the same for Building Safety Month 2016, encourages all Americans to raise awareness of the importance of building safe and resilient construction, fire prevention, disaster mitigation, water safety, and conservation, energy efficient and new technologies in the construction industry, therefore, I, Mayor Tammy de Weerd, do hereby proclaim Building Safety Month in Meridian and call upon our citizens of our community to join me in this worthy observance. These insure the health and welfare of our community, both short term and long term and are very important to the liability of our community as a whole and I think these two that joined me at the podium here for what you do to insure the health and welfare of our residents and our business and knowing that they are safe in the buildings that they work, live and play in. So, I will present this to you and ask you to make some remarks. Bjornson: I'd like to thank everybody and thank the Mayor and Council for your support -- continuing support of Building Services and to Bruce Chatterton for his support and I'd like to thank Sam. He joined us about 11 months ago. Sam is a great addition. We kicked this program off, the Building Safety Month, a couple years ago, but haven't had the resource -- the resources to be able to continue with it. Sam came to Meridian and resurrected the program and has done the effort of putting the table out front and making contacts with Home Depot, Lowe's. He's been really great. So, thank you, Sam. I will pass that on to you. Appreciate it. Item 6: Consent Agenda A. Approve Minutes of April 19, 2016 City Council Meeting B. Development Agreement for Clarence McLain, Tribal Fire (MDA-14-013) located on the north side of E. Overland Road, east of S. Topaz Avenue in the southeast 1/4 of section 16, Township 3 North, Range 1 East Meridian City Council May 3, 2016 Page 4 of 81 C. Amended Development Agreement for TM Creek East AZ, MDA (H-2015-0018) with SCS Brighton, LLC located in the Northwest One Quarter of Section 14, Township 3 North, Range 1 West D. Development Agreement for Brinegar Prairie (H-2015- 0046) with Heartland Townhomes Property Management located at 2220 N. Ten Mile Road on the east side of N. Ten Mile Road, north of W. Cherry Lane, in the SW 1/4 of Section 02, Range 1W. E. License Agreement for Landscape Maintenance Between the City of Meridian and Bridgetower Owners' Association LLC Regarding Premises Adjacent to the Future Bellano Creek Neighborhood Park F. Professional Services Agreement With Treasure Valley Commonwealth in a Not-to-Exceed Amount of $200.00 G. Pedestrian Pathway Easement Between the City of Meridian and Challenger Development, Inc., Regarding a Multi-Use Pathway as Part of the Baraya Subdivision Located South and East of Franklin and Black Cat Roads I. Resolution No. 16-1137: A Resolution Of The Mayor And The City Council Of The City Of Meridian Authorizing The City Clerk To Destroy Certain Semi-Permanent And Temporary Records Of The City Clerk’s Office; And Providing An Effective Date J. Resolution No. 16-1138: A Resolution of the City of Meridian Approving a Joint Powers Agreement by and between the City of Meridian, City of Boise City, Ada County, the Ada County Highway District, City of Eagle, City of Garden City, City of Kuna and City of Star for the Cooperative Provision of Emergency Management Services in Ada County; Authorizing the Mayor and City Clerk to Execute and Attest said Agreement on Behalf of the City of Meridian; and Provide for an Effective Date. De Weerd: Okay. Item No. 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council May 3, 2016 Page 5 of 81 Bird: On the Consent Agenda, as stated earlier, Item 6-H has been moved to 7-B-1. Item 7-I the resolution number is 16-1137. And item 6-J is resolution number is 16-1138. With that I move we pass the Consent Agenda for the Mayor to sign and the clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Any discussion from 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. Item 7: Community Items/Presentations A. Annual Update by Ada County Assessor Bob McQuade De Weerd: Item 7-A under our Community Presentations, we have our Ada County Assessor Bob McQuade here with us to give you an update. Good evening. Thank you for joining us. McQuade: Madam Mayor, yes, it's really my pleasure to be here. Members of the Council. It seems like it was just a month or two ago that I was here. The years just seem to be flying by. Now, that would have nothing to do with my age. But that's how busy I have been. Before I get started I just want to comment -- I really appreciated your community invocation. It's not often that -- I do about 15 of these and I think this is the only venue where we have an invocation like that and it's just -- it's so refreshing. I just want to let you know I -- how much I appreciated that. At the end of this month on the 27th we are going to be sending out about 40,000 assessment notices to the property owners in Meridian and I just want to give you an update what's going to be on those notices, so we won't be surprised by that. I just want to make the typical caveat and that is that these numbers are preliminary. These will change until we actually send these assessment notices out. Just a couple of things before I get into the numbers. How do we assess the properties -- why is there -- the question is why do we split the land and the improvement? We get questions all the time to -- especially coming from the Board of Equalization. We might increase the value of the land and reduce the value of the improvement or decrease the value of the land increase the value of the improvement and it just looks like there is some kind of trickery going on. It really has nothing to do with that at all. That is by statute. We have to break out the land and the improvement. I think it goes back to the Meridian City Council May 3, 2016 Page 6 of 81 days when the homestead -- the homeowners exemption, take the exemption to the improvement and not the land and so that was required to break out. So, that is still there and it still causes us just as many problems today as it did back then. As to how close our assessed values to the selling price, last year our values overall -- we were at 97 percent of all of the sales -- we had about 10,000 single family residential sales in Ada County last year and our assessed value was about 97 percent of those sales prices. So, I feel that we were really close. We were at 96 percent the year before. I don't know if I want to get that much closer to one hundred percent. Got it. I will take that back to the staff. We will leave it at 97 percent, then, councilman. Yes. Let's just jump right in. The total market value of the City of Meridian is 9.8 billion. That's up 14 percent over last year's eight and a half billion and that, by the way, is 21 percent of the total Ada County value of 47 and a half billion. So, you represent almost a quarter of the total property value in -- in Ada County. That's the market value. That's not the taxable value. The taxable value we have to take some exemptions out, we add some other numbers back in, so these are adjustments at 9.8 billion. We take out two billion dollars for the homeowner's exemption and the homeowners exemption this year is 97,745 dollars until July 1st of this year. By the way, that's 89,580 last year. The reason I say it's 95,000 -- or 7,000 up to July 1st -- the legislature passed a law this year changing the way the homeowners exception works. It was at a value of 50,000 in 19 -- or 2006, I believe it was. It was at 50,000. The legislature, then, went and changed it to 75,000 and, then, allowed that to be indexed by -- by using the Idaho Housing Price Index with an FHA number, and using that number in 19 -- 2009 that homeowners exemption was 104,500. Well, today it is 97,745. But this law this year it caps the homeowners exemption. It put it at 100,000 dollars and it's not going to be indexed anymore. It's going to be -- stay the same -- at that amount until the legislature changes that again. And the reason I mention that is it changes in July, because if you have -- let's say if you bought a house in January, you're going to get the -- the 97,745, but if you buy a house July 2nd and it has a value of 100,000 dollars, that can be a real problem that we are going to have to be working out in the office. We have two maximum homeowners exemptions this year. Sorry for that digression, but I think it's really important. So, we subtract that and take out exemptions that have not been processed by the commissioners yet. They have up until May 15th to grant all the exemptions, so that add -- never did that last year. It was less than what had been approved this year. We had outstanding exemptions, so I take that back now, adding property -- adding property, we have a net taxable value just what you would need to budget for is about seven and a half billion dollars, a 14 percent over last year. Just drawing down a little bit, residential, you have 35,000 residential parcels. That's up from 34,000 last year. Market value -- not the taxable value, but the market value on single family residential is six -- total value is 6.9 billion. That's up 11 percent from 6.2 billion the year before. Probably the most important numbers I think is what's going on with single family residential. Here in Meridian we are looking at a median increase of 6.3 percent and last year it was about 5.8. So, it's up a little bit. Countywide you're a little bit less than seven percent annual increase. Median Meridian City Council May 3, 2016 Page 7 of 81 value on single family residential in Ada County is 204,600. The highest we had had was 2008 at 211,600 and so it's just about back to that. In other words, it has taken close to ten years to get back to those values, what they were before the collapse of the market in 2008. It will be probably next year we will be back there. The reason things went so well, the distressed market -- distressed sale is just three percent, back to normal. Low interest rates. And I keep saying this year after year after year -- it's the land is what is causing all of the increases. It still drives the total value. There is an eight percent increase in fees, some areas where the land has increased fifty percent over the last year. Someone made a comment the other day -- that's always so interesting. To understand housing prices you really need to understand land values and I think that's why we want you to take a look at that. Commercial real property. You have 2,300 parcels, two and a half billion dollars. We found a 23 percent increase in your commercial real property. Personal property filling in 20 million dollars and your total market value, not taxable value, for commercial is 2.7 million dollars and that's up 22 percent. New construction. That's important, because that's where you can increase your budget capacity by -- would be the new construction times last year's levy. You're construction year was 427 million dollars. That's a 30 percent increase over last year's three point -- about 314 million dollars. Residential we would have 926 new units. That's up 23 percent over last year. The taxable values comes to 54 million dollars. Commercial taxable 236,000 million. That's up 27 percent. Due to the change in status at the last month, new construction, new sub change of status, I think there was add one, that is the one to residential, it's subdivided and an increase in value -- and even there is a diminished value. That was shrunk to a diminished value. Your substantive change, that came from me and that's up 50 percent -- 60 percent over last year. Residential is 15 million and I'm just going to end up with the tax burden as who is paying property taxes, commercial or residential. Residential is paying 65 percent and that's exactly what it was last year and that is just slightly less than the county. Countywide is 66 percent for -- for the residential. Commercial here in Meridian is 35 percent. The county is 33 percent. I'm just going to end this by saying that 2015 was a great year. Price appreciation, up six percent. I believe that's going to be a very reasonable price range, four, four and a half percent. And also a little bit above that I would like to see that building. A strong residential and commercial construction, there is some reason out here that my appraiser -- they were driving in early morning by the time they have to meet after doing their work they can't get out there is so much construction planned. So, things are just really booming. And just the last comment, Ada County increased by 20,000 people. In 2015 there was twenty thousand new people in this county and I'm sure you feel it in terms of traffic and other demands for services. Madam Mayor, Members of the Council, that's my report for 2016. I would be happy to answer any questions. De Weerd: Council, any questions or is your head spinning? Cavener: Madam Mayor? Meridian City Council May 3, 2016 Page 8 of 81 De Weerd: Yes, Mr. Cavener. Cavener: Not a question, just a comment. I just want to pass along how enjoyable it has been to work with your staff. I think that oftentimes you come before us and I had the opportunity to work with your staff on an issue and found them to be incredibly accommodating and easy to work with. So, I think sometimes we only hear when people aren't doing a great job and so I would think it's important to pass along when somebody is doing a great job. That's it. McQuade: Madam Mayor, Councilman Cavener, I really appreciate that and I will get that back to the staff. I know that they will appreciate it. As we know those of us in public service, it's not often that we are praised for doing a good job, so even though it's few and far between it's extremely important to us. So, thank you for those kinds words. De Weerd: We had the opportunity to meet Todd Lavoie and I -- with Mr. McQuade and we were able to pass along how well our staffs work together and how we can improve that relationship, so that we can better service our collective citizens; right? McQuade: That's right. We are serving the same people. Yes. De Weerd: Yes, we are. Well, thank you for being here and we appreciate you always taking the time to come and share the numbers with us and, again, please, pass along our appreciation to your staff. McQuade: I will do that. Thank you so much. De Weerd: Thank you. McQuade; Good to see you all. B. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update 1. Moved from the Consent Agenda (former Item 6H): Approval of Resolution No. 16-1136: Updated Bylaws of the Mayor’s Youth Advisory Council De Weerd: Nice seeing you. Item 7-B is under the Mayor's Youth Advisory Council. A familiar face that -- this is going to be the last report that we get from Brianna. Very sad. But it's been a great year. So, I'm going to turn this over to you. Meridian City Council May 3, 2016 Page 9 of 81 Siddoway: Thank you, Madam Mayor, Members of the Council. For the record my name is Brianna Siddoway and I will be giving you the seventh update of the Meridian Mayor's Youth Advisory Council activities for the April -- the month of April. There we go. Okay. So, the -- we held our second annual Do The Right Day here in Meridian. With this we were able to pass out Post-it notes with words of encouragement and words that might -- just positive words is all it is. We were able to make sure that the schools who wanted to be involved were -- were able to do so easily and we were able to bring it to them and have presentations at the schools. We had a booth at The Village and we were able to pass out some of these sticky notes and we put words of encouragement on the mirrors and we had some chalk for the public to write things on the sidewalk and with the help of Officer Gomez we were able to hold a flash mob dance there, which we are -- you know, we are good at dancing and it was a really fun activity for those who were able to join and I -- you know, it has always been making a difference and so I'd like to show you the video -- I'd like to show you the video of -- (Video played.) Siddoway: So, I would just kind of like to spend time on that a little bit. Well, first of all, it was on April 8th, as you can tell, and I -- I am so pleased that we were able to have this idea and to be able to work for the people in our community to make this a better and more friendly -- you could say atmosphere to be in and I know that every -- every step that we are taking is making a difference today. So, we had a fundraiser at Chick-fil-A for the executive council trip to Washington DC and we were able to raise over 600 dollars to help fund this trip. While we were there we educated the people who were attending about MYAC's influence on the community and it was such a good opportunity for us to be able to do fundraisers. Every time we are able to meet new people and get the word out about MYAC. So, at our last general meeting we held the 2016-2017 elections and I would just like to recognize these people who were elected. So, the chair for next year is Cheyenne Quilters. She goes to Renaissance High School -- and the pictures go from left to right, so you can be able to identify them. The vice- chair, who will be taking my place, is Suzanna Bradford. She goes to Rocky Mountain High School. The secretary will be Morgan Jensen. She also attends Rocky Mountain High School. Communications is Lee Martinez. She goes to Mountain View. And the historian is once again Tammy Crum, who goes to the Meridian Medical Arts Charter High School. And for the representatives of the schools, each of the people that were elected they were required to attend that school. So, for the Rocky Mountain High School representative it's Courtney Butterworth. The Meridian High School representative is Jake Chambers. Mountain View High School representative is McKayla George. Renaissance High School representative is Lance Baumgartner. And the at large rep is, again, Stayle Mome, who goes to Compass Honors. So, for our monthly Teen Activities Committee event we held it at the YMCA and the members of MYAC were able to bring a guest. It was fun and it was just a great place -- fun environment, just Meridian City Council May 3, 2016 Page 10 of 81 a very safe and welcoming place for people to come and spend a Friday night with -- with some friends. So, we have decided to work with the STAND grant a little bit more and we are wanting to change the bylaws in order to strengthen the stance on who can sponsor and partnership with the Mayor's Youth Advisory Council. This -- this change is almost identical to the Parks and Recreation stance on who can sponsor a partner. So, what this says in Article 7 under sponsors, it says the Mayor's Youth Advisory Council will not accept -- that's okay. Will not accept sponsorships, gifts, or any other benefit offered by any entity whose primary focus or message is or includes the sale or promotion of alcoholic beverages or tobacco or E cigarette products. So, after my presentation I -- you will have the opportunity to approve this and when we did -- when we asked the general MYAC what they thought, a hundred percent of the people said that they were in favor of this and wanted this to be changed in the bylaws. And I will now stand for questions. De Weerd: Thank you, Brianna. I would just say -- so, the STAND grant -- we received a grant from -- from STAND or the American Lung Association and it was to do a community event, which is what they did at the cinema -- Village Cinemas and, then, the other piece of requirement to receiving that money was a policy one and that is in front of you. That is what we moved from the Consent Agenda that was 6-H to after Brianna's report, so you knew what was behind the recommended change. I will preface this with we have not received any money from any of these, but they felt it was important to capture that and institutionalize it in their bylaws. So, I would ask if you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't have any questions, just nice yearly thank you, you guys. We are going to miss that smiling face of yours, Brianna. You guys represent us -- the city so well. You make us elected people look so good and I appreciate it and each year, you know, I don't think the bar can get raised, but every year it gets raised little higher and I'm shocked that we didn't have this resolution in the original bylaws, to be truthful with you, and it's -- it's something that -- that's definitely needed in there. Siddoway: Thank you. Bird: And thank you very much for your service. Siddoway: Thank you. Bird: We really appreciate it. Cavener: Madam Mayor? Meridian City Council May 3, 2016 Page 11 of 81 De Weerd: Mr. Cavener. Cavener: A question and maybe a comment. Brianna, I think I ask you this just about every month. I'm just curious. What are your numbers looking like right now and what are -- I know that you're transitioning out, but maybe a sneak preview as to some of the things that the youth council is going to want to work on next year? Siddoway: All right. So, I would say for the people who are constantly coming to the meetings and are attending the events, I would say we have 45 to 30 people. Would you agree with that, Mayor? And when it gets down to the end of the year you really see who is devoted to MYAC and, you know, at the beginning you're working with all people and it's great to have the large numbers, but there is always those -- those people who are more focused on it and, you know, we love seeing them here every time that they come. Can you ask me the second question one more time, just kind of -- Cavener: Sure. I just was curious if you could maybe give us a sneak preview if you have any indication as to what next year's class is going to be working on. Siddoway: I would -- so, with the -- I can't remember what it's called. But they are going to be working to do the -- De Weerd: Primary seatbelt law. Siddoway: Primary seatbelt law. And the obstacle course for adults. That's what I was thinking of. So, they are going to be working with that and so right now the executive council is working to kind of push that through and get it done, but if it is not, then, the next year will be working on that and, then, as Mayor Tammy said, the seatbelt law and -- De Weerd: Suicide prevention. Siddoway: Yeah. Yeah. Suicide prevention. So, yeah, I feel like next year is going to be a great year and we will be able to make many changes for the good. Cavener: Great. Madam Mayor, comment if I may. And it's really just to echo Councilman Bird's comments. To have 45 engaged high school students at the end of the year is incredible. You shouldn't walk away from the number, you should embrace it, because it's -- I think a gold standard across the state. I just wanted to thank you, the exec council -- Mayor, your amazing advisors. I mean you guys continually set the example that -- Councilman Bird said for the state. Not just for youth councils, but for city councils. It's really been great to see all you have accomplished this year. I really enjoy getting these updates each month. Thank you. Meridian City Council May 3, 2016 Page 12 of 81 Siddoway: Thank you. Yeah. De Weerd: Thank you. And I think another thing they have done really well this year is succession planning and you saw that in the -- the slate of officers and representatives for next year is -- we task -- because we had a high number of seniors on our executive council this year, which concerned us about next year, but our executive council really stepped up and made sure that they looked for what leaders would replace them and nurture that and mentor them and you see in that upcoming executive council, we have some very strong leaders that have already pledged they are going to -- to beat out this -- this year next year. Siddoway: Yeah. De Weerd: Right? Siddoway: Yeah. For sure. De Weerd: So, any other questions or comments? We will have the seniors back later this month to send them off with our appreciation and best wishes. So, thank you, Brianna. We will -- we will see you later this month -- maybe not giving the report, but allowing us the opportunity to send you off with best wishes and a lot of appreciation. Siddoway: Thank you. Thank you so much. De Weerd: And that deserves applause. And, Jake, thank you. Jake was one of our advisers from the Parks Department. He was the adviser for the Teen Activities Council. He is being replaced, as if you could, but his -- the new position -- we had someone that has stepped in and look forward to working with our new group of advisers next year, because they definitely are needed. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move, after that nice report, that we approve Resolution No. 16- 1136. Cavener: Second. De Weerd: I have a motion and a second to approve Resolution 16-1136. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. Meridian City Council May 3, 2016 Page 13 of 81 De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. C. Ten Mile A Urban Renewal Plan - Receive and Refer Plan to Taxing Entities and Planning & Zoning Commission De Weerd: Item 7-C is under our Community Development Department. I will turn this over to Bruce. Chatterton: Well, Madam Mayor, Council Members, yet another step in a process that has lots of steps. I'm sure you have noticed. Where are we with the Urban Renewal plan for the Ten Mile interchange? Last week the Meridian Development Corporation approved the plan for the urban renewal district and they forwarded it to you. It's in your packets. But we are not quite ready for you to actually review the plan based upon its merits or otherwise. We need to do a couple things first and that's what this item is about. We are asking for two actions tonight. First, your approval to refer the URD plan to the applicable taxing entities for comment. Some of those entities include Ada County, ACHD, CWI, and the library district. That's the first thing we are asking for. Second, we are looking for your approval to forward the plan to the Planning and Zoning Commission for their determination of the consistency of the plan with the city's Comprehensive Plan. That's all P&Z is looking at is whether or not it's consistent with the comp plan. With those two steps complete, the plan is to come back to you in early June to cue up a public hearing to consider the merits of the actual urban renewal plan. With that Phil Kuslan, our consultant, is in the audience to help us with any Q and A. Phil, did I leave anything out from that request? Happy to stand for any questions. De Weerd: Okay. Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Bruce, question for you. Last time we just had this item, I guess, to discuss, the sales pitch was that, you know, we have got this great area out there and nothing's happening with it, so we have to do something to get things moving out there. Well, since that time there has been a lot of dirt moving out there. It looks like roads are ready to pave, if they haven't yet. I'm not sure. It looked like other utilities were being installed. What -- what's going on out there? Chatterton: Madam Mayor, Council Member Palmer, very good question. Those are predevelopment activities, site clearing activities, which under our ordinance Meridian City Council May 3, 2016 Page 14 of 81 generally don't require permits and those are in anticipation of the urban renewal district being approved. So, those are pre-development activities for some of the development that's been anticipated within this urban renewal district. Palmer: Follow up? So, I guess that leaves me even deeper into the position I have been on in that it looks like they are -- whoever is developing it is competent enough that they want to develop there, that they are not waiting for us to say, yeah, we will pay you back for it, so I -- I mean even though I know it's just another step, it's not a final determination. I'd much rather put the brakes on and let them just keep going and hope they develop it and not ask taxpayers to reimburse them with interest for stuff that we ask everybody else to do when they are developing a piece of property. Chatterton: Madam Mayor, Council -- if I could respond. Council Member Palmer, I don't know exactly what's in the minds of the property owners out there, but I believe it's that they have been watching this process and they believe that it's -- it's going well from their standpoint and are willing to at least do, again, some site clearing activities -- not a huge investment -- in anticipation of being able to build with the added partnership of the urban renewal district. De Weerd: And I will say that there -- there are entitlements already in that area and it has been waiting this particular activity and they are making sure they are ready to go. They have a qualifying business that is wanting to locate out there and it's pending this -- this activity. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Then that makes me all the more curious to see what would happen if we said, you know what, no, and see if they keep going and go ahead and make the investment in our community anyway without, again, asking the taxpayers to reimburse them with interest. De Weerd: I would just mention that the reimbursement they get is created by the value they add, so it's not from taxpayers, it's from themselves. Palmer: Madam Mayor, Follow up? And understanding that, you know, we had a discussion last week about whether we should increase everyone else's taxes three percent and, you know, we are looking for 781,000 to make up for not having to increase everybody else's and now we are looking at sectioning a piece of Meridian off to give them their money back, instead of allowing them to contribute the way -- the same way everybody else does. De Weerd: I would just say that that reimbursement is valued at the jobs created and we know that primary jobs are multipliers of secondary jobs, as well as the Meridian City Council May 3, 2016 Page 15 of 81 individual benefit you have with the job creation. So, it's -- it's long debated and if you want to continue that's fine, but -- Palmer: Madam Mayor, maybe one more comment. De Weerd: You bet. Palmer: And, again, it goes back to where -- you know, I feel I'm -- I'm happy to provide an incentive to somebody wanting to develop a piece of property and maybe even saying, okay, instead of you paying us taxes and we giving it back to you, plus interest, you just hold onto that money, thanks for investing in us, rather than them paying the taxes, we giving it back, plus a little bit of everybody else's money. De Weerd: Actually, it is infrastructure improvements that they pay in advance and are reimbursed, so -- any other comments or questions? Bruce? Chatterton: No other comments. Thank you. De Weerd: So, that's just the next step in bringing something back to Council? Chatterton: Yes. De Weerd: Okay. Anything further? Chatterton: No. I believe that perhaps Mr. Nary can chime in if a motion is -- De Weerd: On the next steps? Nary: Well, Madam Mayor, Members of the Council, yeah, we would need a motion both for the referral to the taxing entities approval, as well as to the Planning and Zoning and, then, we can get that scheduled on the Planning and Zoning Commission hearing. De Weerd: So, you're looking for a motion to refer the plan and to the taxing entities that would be consulted and, then, to go ahead and move forward with an application in front of P&Z? Nary: Yes. Cavener: Okay. Well, if no one else is going to do it I will. Madam Mayor, quick comment. I think Councilman Palmer brings up some -- some valid points, which is I think -- well, it's all that much more exciting to pass these along to the taxing districts, to the Planning and Zoning Commission, to hear their feedback and their perspective. So, I will make a motion that -- I move that we send this report Meridian City Council May 3, 2016 Page 16 of 81 to the applicable taxing district -- is there a date that we need to include in that or is that sufficient? Bird: That's sufficient. Cavener: Great. Milam: Second. De Weerd: I have a motion and a second to move this forward to the next steps. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, abstain; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea. De Weerd: Okay. Motion passes. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSTAIN. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we pass along this report to the Planning and Zoning Commission for a discussion item at their next meeting. Milam: Second. De Weerd: Okay. I have a motion and a second to move this on to Planning and Zoning. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, abstain; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: Okay. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. Item 8: Items Moved From the Consent Agenda Item 9: Action Items . A. Public Hearing: Proposed Summer 2016 Fee Schedule of the Meridian Parks and Recreation Department Meridian City Council May 3, 2016 Page 17 of 81 De Weerd: Item 9-A is a public hearing under our Parks and Recreation Department. I assume Jake is here to update us on this item. Garro: Thank you, Madam Mayor, Members of the Council. Summer is upon us and just a little update on our summer activity guide that will be released next Friday, May 13th for our summer classes. We will begin registration the following Monday, May 16th, with classes kicking off June 6th. So, as you can see before you there were a number of additions of new classes that will be in our guide this summer and with that being said I would stand for any questions and seek approval for our fee schedule. De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Jake, a couple snapshots. What are a couple of the new things that are added that you're excited about? Garro: Of course we got Camp Mer-Ida-Moo coming back this summer that takes place at Sienna and Prospect Elementary and we have had some new youth art classes at the MAC Meridian Center and there is a couple of young, exciting teachers that want to engage and offer public speaking for the youth of our community, which I think will be a great asset, at least for those young kids with MYAC to kind of polish their skills and communicate in front of people, so looking forward to a great summer and, of course, we have our outdoor adventure camp that's coming back and excited about a couple new trips. We will be taking our Thursdays up at Bogus Basin and ending our week on the Payette River with 12 kids, ages nine to 14, so -- Cavener: Cool. Garro: -- it will be a good time. De Weerd: Yeah. Bogus Basin has summer activities as well, so that's exciting. Garro: Yes. I have been in touch with Susan, so trying to set something up with them for the fall and -- De Weerd: Good deal. Garro: -- get them included in our guide, so -- De Weerd: Well, thank you. Council, anything further? Okay. Thank you, Jake. Meridian City Council May 3, 2016 Page 18 of 81 Garro: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. I would entertain a motion to close the public hearing. Little Roberts: Madam Mayor? De Weerd: Yes, Mrs. Little Roberts. Cavener: I'd like to propose we close the public hearing. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Resolution No. 16-1139: A Resolution Adopting the Summer 2016 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date De Weerd: 9-B is the resolution that supports the fee structure and schedule for resolution number 16-1139. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I would like to propose that we accept the resolution 16-1139. accepting the new pricing in the summer fee schedule for the Meridian Parks and Recreation Department, authorizing the new fees to be collected. Hopefully that's the right wording. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-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. Meridian City Council May 3, 2016 Page 19 of 81 MOTION CARRIED: ALL AYES. C. Public Hearing Continued from March 1, 2016 for Browning Plaza (H-2016-0008) by SLN / Boise-Waltman, LLC Located 505, 521, 615 and 675 Waltman Lane 1. Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item 9-C is a public hearing that was continued from March 1st. The applicant has requested to continue to May 24th. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we continue H-2016-0008 to May 24th, 2016. Milam: Second. De Weerd: I have a motion and a second to continue Item 9-C to May 24th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Final Plat for Bainbridge Subdivision No. 3 (H-2016- 0039) by Brighton Development Located Southeast Corner of N. Black Cat Road and W. Vanderbilt Drive 1. Request: Final Plat Approval Consisting of Thirty- Nine (39) Building Lots and Five (5) Common Lots on 16.38 Acres of Land in an R-8 Zoning District De Weerd: Item 9-D is a final plat for 26 -- or 2016-0029. This applicant has requested a continuance to May 17th. Milam: Madam Mayor? De Weerd: Mr. Milam. Milam: I move that we continue the final plat approval H-2016-0039 to May 17th. Bird: Second. Meridian City Council May 3, 2016 Page 20 of 81 De Weerd: Okay. I have a motion and a second to continue this item to May 17th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing for Saint Ignatius School by Roman Catholic Diocese of Boise Located 6180 N. Meridian Road (H-2016-0028) 1. Request: Annexation and Zoning of 10.71 Acres of Land with a C-C Zoning District De Weerd: 9-E is a public hearing for an annexation and zoning of 10.71 acres of land in a C-C zone. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The application before you is a request for annexation and zoning. This site consists of 10.71 acres of land. It's currently zoned RUT in Ada County and is located at 6180 North Meridian Road. A property boundary adjustment was recently tentatively approved in Ada County between this property and the property to the north where the church is located. This is a copy of the approved record of survey. Staff recommends the record of survey is recorded and final approval is granted from Ada County prior to annexation ordinance approval. This is an aerial view of the property. Southeast corner of Chinden and Meridian Road. If I recall the Catholic church is right at the corner and this property is down along the south boundary. The Comprehensive Plan future land use map designation is mixed use community. The applicant is requesting annexation and zoning of the subject property with a C-C district, consistent with the MUC future land use map designation for the development of a private school. The proposed annexation area consists of a combination of two parcels owned by the Roman Catholic Church, the boundaries of which will be adjusted to accommodate the proposed development on the southern parcel. The larger parcel to the north where the church is located is not included in the annexation boundary. There is an existing wireless communication facility, a cell tower, at the eastern portion of this site. No other structures exist on this property. A conceptual site plan was submitted showing how this site is proposed to develop as shown with a 54,465 square foot private school for kindergarten through 8th grade and that is associated with the church. The school is proposed to be setback approximately 56 feet from the south property line that abuts residential properties. Exterior lighting is proposed to be directed away from the residences and vehicular traffic and parking is oriented away from the residences also on the north and west portions of the site. The proposed use is subject to the specific use standards listed in the UDC for education institutions. Idaho State Code requires the traffic authority, which is ACHD in this case, to review the application to insure that local roads can accommodate the proposed project and that safe access to school is provided for children. ACHD has completed their initial review of the Meridian City Council May 3, 2016 Page 21 of 81 traffic impact study and has requested the applicant address your comments prior to proceeding with their review. Comments have not been received back yet from the applicant. Therefore, the city has not yet received a report from ACHD on this. Access is proposed from one new access and one existing access to the north on the church property via North Meridian Road. The applicant is requesting Council approval of a waiver to UDC 11-3A-3 for the proposed new access. If you can see my pointer here, this is the new access proposed to Meridian Road. This is the existing one to the north here that serves the church currently. A 35 foot wide street buffer and a detached sidewalk is required along the frontage of this on North Meridian Road. Staff recommends the sidewalk is extended off site to the north to the existing driveway where there is no sidewalk to provide safe pedestrian access for children to the school. Sidewalk currently exists north of the existing driveway along Meridian Road. A 25 foot wide landscape buffer is required to the residential uses along the south and east boundaries of the site. There is a canal that runs along the northern boundary of the site, but is required to be piped with development. A conceptual prospective drawing of the future school was submitted as shown. The building design is a single story constructed primarily of brick with modulation in the facades and roof lines, which will compliment the design of the existing church and incorporate similar construction materials and colors. The final design of the structure is required to comply with the design standards listed in the UDC and in the architectural standards manual. Summary of the Commission public hearing. Tamara Thompson testified in favor. She's the applicant's representative. No one testified in opposition or commented. Written testimony was received from Tamara Thompson in agreement with the staff report. The only issue discussed by the Commission was the proposed new access via Meridian Road. The Commission was in favor of the applicant's proposal for an access and wavier from Council for that. The only outstanding issue for Council -- as I stated, the request for a waiver to the access standards listed in the UDC to allow two accesses via Meridian Road, the existing and the proposed. There has been no written testimony since the Commission hearing. Staff will stand for any questions the Mayor and Council may have. De Weerd: Thank you. Council, any questions? Okay. Would the applicant like to make comment? Good evening. Thank you for joining us. Thompson: Good evening, Madam Mayor, Members of Council. My name is Tamara Thompson, I'm with The Land Group at 462 East Shore Drive in Eagle. With me tonight is our design team, so I have -- we kind of have a little section over here. Matt Adams and Michael Thomas are also with The Land Group. John Dorny is our traffic engineer from Horrocks. I will turn the mike over to him in a little bit, so you can hear from him. Greg Ugrin is CTA is architect. And Zach Higgins from Wright Brothers is the contractor. So, we are here to answer any questions that you may have. We are pleased to present this private school, St. Ignatius. This school will contribute to the educational options in the City of Meridian and the surrounding area. The school has a maximum occupancy of Meridian City Council May 3, 2016 Page 22 of 81 450 students and it will serve preschool age through 8th grade. The timing is to open in the fall of 2017, so very fast track. By the time we get construction drawings and permit and construct -- which is why we broke this piece of property off from the church itself. You will be seeing the church come in for annexation shortly. They would like to get connected to city utilities. So, that -- that will come in, just separately, so that we can fast track this process. As far as the design goes -- switch this if I can, Sonya. Sorry. The -- the site was designed with the neighbors in mind. The requirement is 25 foot setback away from the neighbors. We are more than double that at 56 feet and, then, all parking and traffic circulation is away from the neighbors to the south and to the east and we will take into account the lighting that will be directional lighting away from the neighborhood. So, we have reviewed the staff report. We agree with the conditions. We are requesting a waiver from Council for the southern access point that aligns with -- with the road that's -- that's across the way and with that I will turn it over to John Dorny, our traffic engineer, and you can hear from him. De Weerd: Good evening. If you will, please, state your name and address for the record. Dorny: Yes. John Dorny. Horrocks Engineers at 5700 East Franklin Road in Nampa, Idaho. De Weerd: Thank you. Dorny: Go a little -- can you hear me okay? De Weerd: Thank you, Madam Clerk. Dorny: Thank you. Again, John Dorny, professional engineer here in Idaho. I'm a principal in Horrocks. I do traffic engineering. That's all I do. Been doing it for 18 years, so just kind of -- so you know who you're talking to here. It's a traffic person doing that. Safety. This is what this is about that to me and to us. This is Building Safety Month I just found out, so it's good timing. I just want to reiterate that, that most -- and especially around schools, our number one concern is safety, so that's what we kind of went in -- whether it's on site or off site. You have seen different elevations of a project. This is an oblique view from looking south kind of if you were hovering above Chinden. This is the existing -- I don't know -- if I can draw on this can you see it? This is the existing church and the site we are talking about is kind of back here. I don't know if you get your bearings. This is Meridian. Looking down with the church to the north, the existing building. We overlaid the site plan on top of an aerial photo to kind of show you how that lays out. You have seen some site plans before by themselves, but this combines both. So, what we are talking about is this access lining up across the street from the Paramount access. This access exists already. Those are the two access points. Regarding access, we will talk about it. Chinden is considered an expressway with a large right of way and down the Meridian City Council May 3, 2016 Page 23 of 81 road the access will be highly restricted. It will be a lot of right-in, right-outs, lefts only at signals and so really putting any legitimate access on Chinden was -- was really not a long-term option, even though there is an existing one now by the nursery, eventually that's going to be restricted. So, we really have to focus on -- on Meridian. Part of the on-site circulation -- they have a very good plan to accommodate traffic off the highway, off of Meridian. The green represents one of the dropoff zones, curb side to the right, and there is a lane to the left that they can pull out and get around, kind of like the airport with only two lanes. The yellow represents a second lane where -- and another dropoff lane with also a pull out that they will do a reverse lane during the morning time. It shows an arrow heading west, but they will turn that and let you have a double dropoff lane, which is very important to get the vehicles off the road. When we talk about safety, the school needs to accommodate the vehicles and get them off the road. That's the number one thing that affects usually typically the school. This is quite a large area of parking and drop off and they have a sea of parking also up here to utilize, which isn't typical of a school. We talked earlier and my school has -- you know, my kids' school has a handful of extra parking. This has quite a lot of extra parking to pick up kids. I just happen to go to this ASCE training last week and it was regarding strategies for creating safe routes to schools before I knew I was even coming here. So, it was good timing and I learned real briefly that supports this is that from this training was by assigning short-term visit or parking in that area that I just showed you to the north of the school, parents can take time to unload a little longer if they are parked in the diagonal lots that I showed you. If they are on the curb site it can kind of come and go, but if they need a little more time, if they have got more kids, they got a little baby, there is an area that lets them kind of take more time and that does have that on this site. Also by having good circulation you reduce the driver options and decision making and so they are not having to drive while making decisions and worry about the driving, they could pay attention to where their kids are for safety again. It reduces delays, shortens vehicle queues and the driver's eyes can be on the road. Also what's important is that the school controls the circulation. They -- you can use colored system, paddles, radios, all different kinds of methods that have really good ways to control it and so that you don't -- aren't reacting to people coming in. They actually modified the site plan from a previous version that wasn't conducive to that and they switched it and made it better. I don't know if you saw that version. But one way operation was very important that came out of this training, which they do have coming on site and they have teachers, parents, and volunteers and you can use traffic control signs kind of directing people. Those little safety signs I showed you at the beginning where it has kids crossing, those are always good, too. Level of service. You probably heard that before regarding traffic studies. A few nods. If you don't I can tell you about it. I assume you do. A through F is a typical level of service grade. In this case D's are good. C's are better. A's and B's are a little bit overbuilt. That means you're not getting the utilization of your roadway. So, you want to be in the -- the C, D plus range. If we were to open up both driveways, as you can see here, this one to the north is the exiting one, this one to the south is the planned Meridian City Council May 3, 2016 Page 24 of 81 -- proposed one. The value to the left, the C, is the a.m. level of service at that intersection during school time and D is the p.m. level of service. Same thing with these down here, the C there is a.m. and the C here is p.m. That's if you spread the traffic out and use both accesses. If you only use one access point and you don't build this one, the northern one becomes E and F during a.m. and the p.m. That creates a safety issue. People will take chances, they will pull out into the roadway, so that's bad. If you do the opposite and you don't -- and you close this one and you just build the school and you're at D and E level of service from the a.m. and p.m. and as traffic increases and things are built -- this isn't quite the boundary of the west, but as you look west of here there is quite a lot more land from this point on where there will be more cars and more houses. So, as traffic increases on Meridian those level of service grades will decrease and get worse. So, part of the reason why we feel we need two accesses is for safety and to maintain a level of service D or better, which is the standard for level of service. Recommendations. There is a northbound right turn lane required based on Lawrence right there. Northbound on Meridian. They have enough right-hand turn lanes into the site that they need to build a right turn pocket into that site. Their own site circulation plans -- they need to be proactive, not reactive and with a school -- this isn't going to be like a Costco where one day there is not cars, the next day there is thousands. It will increase in enrollment. I know they hope that, you know, the more enrollment the better, but they will probably start off with a number and slowly increase. So, it will kind of be able to be monitors and modified, not just a sudden big box store turned on. You can monitor the roadway as access normally increases, again, using a one way system to maximize on-site storage and reserve right of way on Meridian and Chinden when they widen. I know that Chinden is probably widening farther in the future. Meridian is scheduled between now and 2026 to be widened not more than three lanes, but -- not to five, but stated three, but they are going to do some improvements. So, we want to make sure that the developer accounts for that in their design. Other than that any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On your northbound, what is that, about an eighth of a mile south of Chinden? Dorny: This one? Bird: On your north entry. Dorny: This is -- Bird: The existing entry. Meridian City Council May 3, 2016 Page 25 of 81 Dorny: Yeah. This is about 420 feet -- a little over 420. Bird: So, that's about an eighth of a mile. I'm -- I'm in favor of having the two entries, but I wonder if you're -- if you're going south -- turn on Chinden and going south in the busy time are you going to be able to turn in that north one? Because you're coming down to the south entry good of a quarter mile away from that intersection. Dorny: You're asking if you're -- you can do that? Bird: Yeah. Is that going to be -- are we so -- are we too close that it's going to jam up in the mornings when you have got cars piled back there? Because I have come at busy times and actually seen cars stack back to the existing roadway into the church. Dorny: So, we worked with ACHD and COMPASS. COMPASS runs the travel demand model for the future and we asked them -- looking into the future based on your land use and zoning and what you have planned, what's traffic going to look like? Where is this traffic going to come from? We did interview the church. Actually, John Stone in our office who sits on the board for the Bishop Kelly High School and we talked to him and said how does the school work, how does the church work, and so he kind of explained how the operations were. In our analysis we showed -- erase this again. We showed about 200 feet of queuing when we try to do a recreation of a simulation and I promise you that every day is different, that -- Bird: Okay. Dorny: -- you -- a day that you see them and they just -- and I see them, someone else sees it, it's going to change. Traffic changes all the time. So, I would -- I don't disbelieve that it could back up far some day. We do traffic counts and when we put those counts in a simulation model and try to recreate the current conditions and, then, we start growing background traffic based off a percentage of current rates that you heard the assessor talk about growth and, then, we add the project traffic on top of that. With all of that we got about 200 feet of left turn storage -- Bird: Okay. Dorny: -- and about 170 of through and right and those are drawn a little bit long, but we only had about 20 feet of cars stacked up, which is about one and a half, two cars turning left into that driveway. The southern one is more attractive, because it's closer to the school and that's going to change from day to day, like I said. It's going to fluctuate. Our big concern was that if we only have one -- especially just this one, that this will back up; right? Meridian City Council May 3, 2016 Page 26 of 81 Bird: Yeah. Dorny: So, the second one is the main access for the school and it's closer and it's -- it's actually easier to get in and out of the school down here than it is to come in and try to fight -- this is a free movement. These people have to stop there. If they come in here they have to stop and wait to get in. So, that might be a little bit harder for them to get in. The southern access is going to actually work easier for the parents to drop the students off. So, the secondary access -- have to allow the true one way system -- they kind of funnel in, they stack up, they have hundreds of feet of storage and, then, they can just go north, they can go out to the -- the roadway by the nursery, they can go up to -- the Holy Apostles entrance and they can enter and exit that way. They still can kind of turn around and come back out the southern access, but we are about 30 feet, plus or minus short on the access spacing requirement. So, it's not really bad, but it's almost required to operate, to function correctly. Bird: Well, you're lining up with the existing -- Dorny: Yeah. Bird: The proposed one out of Paramount. Dorny: Yeah. Right. You can kind of see it -- it's a -- I think there is a canal right here and they can't go any further south. Bird: That's right. Dorny: And so that's as far as they can go. Bird: Thank you very much. Dorny: Sure. De Weerd: Any other questions from Council? Thank you. This is a public hearing. Is there anyone who would like to provide testimony? I did have a John Dorny signed up in favor, but did not wish to -- oh. That was -- that was you. I thought you didn't want to provide testimony. That was a pretty good testimony for not wanting to. Good job. This is a public hearing. There is anyone who would like to make comment? Bird: Madam Mayor? De Weerd: Tamara, any closing remarks? Bird: Oh, I'm sorry. Meridian City Council May 3, 2016 Page 27 of 81 De Weerd: Okay. Council, any questions? Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: I got a question for the applicant, but maybe for -- for ACHD or potentially staff. I think I will start with Sonya. Sonya, is it common for us to not -- to have something before us without having a comment from ACHD? Watters: Madam Mayor, Councilman Cavener, this is an annexation application, so we don't always get a report from ACHD on that, but -- because this is something the state code speaks to, then, we would like to have their comments, we just haven't received them yet. Regardless, the applicant does need to comply with state code. Cavener: Sure. Okay. Madam Mayor, maybe a question for Sonya or for Justin. Is that intersection where they connect to Paramount, is that set to be signalized? Is that a signalized intersection? De Weerd: No. Watters: Councilman Cavener, not that I'm aware of. I don't believe so. That's Director Street across the street in Paramount. De Weerd: It's quite similar to the situation you have on Locust Grove with Ambrose and, then, the subdivision access north of Ambrose. Okay. Any follow up? Cavener: I guess, Madam Mayor, one more. Do we have any indication as to when we will hear from ACHD? Watters: Councilman Cavener, I assume we will have the report soon, but I have been asking, but it hasn't been -- well, actually, let me back up for a minute. The applicant was supposed to provide some feedback to comments from ACHD and that hasn't been done yet by the applicant, so that's why the report's been delayed. Cavener: Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Dorny: Can I -- Meridian City Council May 3, 2016 Page 28 of 81 De Weerd: Yes, please. Dorny: John Dorny from Horrocks. Actually did get comments back and here is my response. I failed to bring that up. I didn't realize it was going to be a big issue. We did do a complete traffic study. ACHD actually said do a -- I forget the terminology. They said do a small one or do a minor one, which is hard to just do a small one. You do one or you don't. So, we did one and we also did the requirements of a 22 item checklist or the special checklist from the state that has 22 items. So, we did a traffic study and the checklist. We submitted that and got six comments back and we have changed the traffic study. None of them involved the access. It involved -- they wanted the level of service presented in a different way. They wanted some crash information. I had a graphical error on a number and they also wanted to remove a left turn lane that we errantly put in a drawing and they asked about a left turn lane warrant going into the site, which does not -- it doesn't warrant one. And they asked about some on-site circulation of sidewalks. So, I actually have a memo prepared to Mindy Wallace from ACHD to respond to her comments, but none of them -- none of them involve the accesses. Not that that won't happen, but that's what we got so far. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: John, is that in response to that April 26th letter? Dorny: Let's see. Borton: ACHD's letter? Dorny: Yeah. Borton: Do you have a copy of your response -- Dorny: Well -- Borton: -- you can share or -- Dorny: Not -- I mean not yet. I just literally today kind of finished the last few, because we were waiting on crash data from the state and we wanted to see -- we have to request it from them. So, we have to analyze it. We have been analyzing it. There were no fatalities at any of the crash situations. Most of them were rear-end crashes at the intersection for distracted driving. Not a lot of left turn people getting -- pulling out. It was mostly rear-end crashes. But no -- no Meridian City Council May 3, 2016 Page 29 of 81 fatalities. But we could turn that into Mindy in the next few days, because we are done with it, so -- Borton: Okay. Thanks. De Weerd: So, you mentioned that you -- there was no warrant for left -- left turn in lane? Dorny: South on left, they asked us to do a warrant analysis for a southbound left there. There already is one here and to just warrant one -- there is a chart and a graph and a thing that they use and they count it and if it meets a certain number and it's -- it's a function of how much traffic is on Meridian and how much traffic it's cutting in front of and we put those numbers together in a formula and if it doesn't meet their criteria, then, it doesn't warrant a left turn lane. As numbers change that changes all the time, too, but that's what they asked for, a left turn in and a right turn in and the right turn one does warrant. A left turn one does not. De Weerd: Okay. Dorny: Partly because -- now you're looking suspicious. You're not -- you're skeptical, aren't you. We interviewed the school and we got where every parish member lives and they are assuming 80 or 90 percent of the children will come from their parishioners and about 90 -- 80 to 90 percent of them all live south of this area and so most of the traffic is coming from the south, which that's why there is not a lot of southbound lefts coming from the north. Yes, they will come in from, you know, across the river and come in and go left, but a lot are coming up Meridian or heading over other roadways. So, due to the river and the dynamics of that area, we were able to distribute traffic based on where they told us their people lived. So, there is not as many left southbound people coming in, according to what we could best guess, so -- De Weerd: Today. Dorny: Today. I promise you it will be different when it's built, because it always changes. But we do our best with all the data. We -- we try to take all the engineering judgment out of it. Instead of me saying, ah, I think 30 percent is going to come from the south, we asked ACHD, we asked COMPASS, and we talked to the -- the church, where do you people live, so I don't have to guess these things and, then, try to convince you that my guesses are correct. So, we really try to grab the information that we can justify and back up, so -- I could look and see how -- possibly how close that left turn warrant is if you want. Is that -- De Weerd: Yes. Dorny: Would you like to see it? Actually, you know what, this is their request to do the left turn warrant analysis. This is the original report we submitted, so it Meridian City Council May 3, 2016 Page 30 of 81 doesn't have it in it, because we haven't changed it yet. So, this is the old report that they reviewed. This is their review comments. The third piece will be for left turn warrants. So, it's not in this one. De Weerd: So, Sonya, if -- if it's warranted that will be in the -- the findings; is that what you're saying? That would be part of the state guidelines? Watters: Madam Mayor, I'm not sure if I'm understanding you or not. The ACHD report that's issued will provide an analysis of their compliance with those standards. De Weerd: Okay. Dorny: Yeah. They will look at this and agree or disagree with our analysis and the left turn will be added to the new traffic study. This is the one that they reviewed first. The second one doesn't exist yet. De Weerd: So, if ACHD believes it's warranted you are -- are ready to put it in? Dorny: That's -- so, the developers are nodding their heads. You could not make them, you could make them. It's up to them, so -- De Weerd: Okay. Dorny: Usually if it's warranted it's hard to get away from it and we recommend not putting it in. De Weerd: Good answer. Thank you. Dorny: Thank you. De Weerd: Okay. Council, anything further? Okay. Well, then, I would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on the Catholic school -- I don't see a number on it. Oh. I'm sorry. AZ H-2016-0028. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-E. All those in favor say aye. All ayes. Motion carried. Meridian City Council May 3, 2016 Page 31 of 81 MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just a quick comment. There has been discussion in various applications about standards and minimum standards and one thing that -- two things that jump out that I think are worth mentioning. With regards to the buffer to the south, is we don't have any residents here or anybody, quite frankly, to the application, but Ms. Thompson did make note of one of the components of the -- of the development having that south buffer more than double our minimum requirement, which might clearly not have been required, but was deemed to be appropriate in their eyes and it was just the right application from the developer to recognize that's the right way to do it and it very well might be one of the reasons why we don't have a lot of opposition or any in that regard to the south. So, just wanted to acknowledge it and appreciate it. I think it's the right way to do it. De Weerd: Someone not just giving the minimum is always nice to see. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I think this looks awesome. As I typically do with development. Assuming where the chuckles are coming from, but -- and so with that I move we approve H2016-0028 with the waiver to the access standards. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-E. Any discussion from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a discussion topic. I appreciate the willingness to move this forward. I'm challenged, because we haven't heard from -- from ACHD and I recognize it's just an annexation and zoning, but where the specific piece they are asking for really impacts our roadways -- I'm not opposed to the development. I think it's development that -- I guess to quote Councilman Palmer, is, indeed, awesome. I just -- I struggle with not hearing from our highway district prior to making a decision. I don't know if there is any appetite of Meridian City Council May 3, 2016 Page 32 of 81 this Council to continue this for a week or two to hear from ACHD in light of that particular piece of information. And, if not, I'm fine as well. De Weerd: Well, we do have a motion to approve, so -- Bird: Call the question. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: With the discussion, within the -- we heard the applicant testify to and the motion might encompass that is an acknowledgement that the development will comply with the requirements from ACHD's once complete and that would be incorporated into our approval. The comfort that I get is the preliminary review that they have done, the letter they provided us with what appears to be the six highlighted points of potential concern and the applicant's acknowledgment of those and willingness to address them and ultimately comply with what ACHD might require, at least give me comfort that the condition warrants the application going forward. De Weerd: Any further discussion? 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. F. Public Hearing Continued from April 26, 2016 for Volterra Subdivision (H-2016-0033) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road 1. Request: Amend the Recorded Development Agreement (Instrument #106034786, Amended as Instrument #11101393) to Allow Right Out Only Access to N. Ten Mile Road for the Office Lots Approved with the Volterra South Subdivision De Weerd: Item 9-F is a public hearing on 2016-0033. This public hearing was continued from April 26th. The applicant has requested continuance to May 17th due to incorrect sign posting. So, we could not accept public hearing on this item regardless. So, Council, I will open this public hearing and -- or I already had, but I would ask for your motion to continue this to May 17th. Meridian City Council May 3, 2016 Page 33 of 81 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue H-2016-0033 until May 17th, 2016. Milam: Second. De Weerd: I have a motion and a second to continue Item 9-F to May 17th. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. G. Public Hearing Continued from April 19, 2016 for Meridian Property Group (H-2016-0004) by Darel T. Hardenbrook Located 1139 E. Fairview Avenue 1. Request: Annexation and Zoning of 0.63 Acres of Land with a C-G Zoning District 2. Request: Modify the Existing Development Agreement (Inst. #109134178) to Incorporate Parcel #S1107120620 As Well As to Modify Certain Other Provisions De Weerd: 9-G is a public hearing, also continued from April 19th on H-2016-0004. I will open this public hearing -- or this continued public hearing with staff comments. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: Real quick, Madam Mayor. I just wanted to point out that my employer does do some business with the applicant's client, but it will have no bearing on my life, so I plan to participate in discussion and vote. Beach: Very good, Madam Mayor, Members of the Council. This is an application for annexation and zoning. The site consists of .63 acres of land, is zoned currently zoned R-1M and it is located at 1139 East Fairview Avenue. To the north is commercial property, zoned C-G. To the east is Touchstone Place Apartments, a shared driveway, and an animal care facility zoned R-15 and C-G. To the south are the Touchstone Place Apartment that are zoned R-15 and to the west are commercial businesses, zoned C-2 in Ada County. A little history on the property. In 2001 a portion of the subject property, 1065 East Fairview Meridian City Council May 3, 2016 Page 34 of 81 Avenue, was annexed and zoned C-G with plans to develop the property with a medical office. A development agreement was required as a provision of annexation. However, the applicant at the time never signed the development agreement. In 2008 a certificate of zoning compliance was denied by the director. The applicant filed a Council review application in which Council required the execution of a recorded development agreement prior to any certificate of zoning compliance approval. In 2010 a certificate of zoning compliance was approved to develop that parcel as a vehicle sales facility. The Comprehensive Plan and future land use map for this specific parcel is commercial. The applicant requests annexation of the subject property with C-G zoning district consistent with the abutting properties owned by the applicant. So, the same owner owns both of these parcels that you see here. With the intent to develop them as a vehicle sales facility. C-G zoning district would allow the applicant to construct a vehicle sales facility as depicted on the proposed concept plan, which you will see here. The use of the property is a principally permitted use within the C-G zoning district, except for the residence along the south and east boundary of the subject property is primarily surrounded by commercial development, which is zoned C-G. A 25 foot wide street buffer is required along East Fairview Avenue. A 25 foot landscape buffer is also required adjacent to the residential uses to the south and against the drive aisle to the east. The applicant is requesting that Council waive to reduce the landscape buffer along the southern border of the proposed development due to the recent completion of Touchstone Place Apartments, which the subject property on the south and the west boundaries. The UDC does require a 25 foot landscape buffer when commercial development abuts residential uses. However, with the development of the Touchstone Place Apartments the applicant for the project construct open -- also constructed a six foot tall solid wood fence providing increased building setback along the shared boundary in anticipation of the proposed commercial development. So, there currently exists approximately 15 feet of landscape buffer from the property line south and the applicant is requesting that they be allowed to just provide a ten foot landscape buffer from their property line to the north, instead of the 25, which would, then, equal the 25 foot landscape buffer that's required by code. Staff is of the opinion that the applicant should construct a minimum of a ten foot landscape buffer adjacent to the building and potential of reducing that further along this section here. Touchstone Place's open space is located in this area here, so there is a significant open space component already existing there. With the development of the property the applicant proposes to utilize the existing cross-access driveway to the east, which was constructed with the Touchstone Place Apartments, as well as an access from 1065 East Fairview, which is the property directly to the west here. So, the applicant is requesting to share a cross-access to this property directly to the west, as well as to allow just one access onto Fairview Avenue and would, then, remove the access here on the parcel to be annexed and would provide a direct access to Fairview as well, as well as the shared access to the existing drive aisle for the Touchstone Apartments. Conceptual building elevations for the future building were submitted by the Meridian City Council May 3, 2016 Page 35 of 81 applicant. Building material depicted on the plan for the building include brick, stucco and the glass door front. Staff supports the applicant's proposal to orient the garage doors away from the major arterial of East Fairview Avenue. The future building on this site will generally comply with the submitted elevations, including, but not limited to the design standards set forth in the City of Meridian's architectural standards manual. A certificate of zoning compliance is required prior to occupancy of the building. Staff has not received any written testimony since the Commission hearing. Summary of the Commission hearing. The applicant stood in favor. There was none in opposition. No comments. Did not receive written testimony. I was the presenting staff person. Bill Parsons also commented. There were no key issues of public testimony. Key issues of discussion by the Commission were the width of the landscape buffer adjacent to the Touchstone Place Apartments and the location of the driveway along East Fairview. The Commission did not make changes to that. The only outstanding issue that is before you this evening is the applicant requesting to waive that or waive to reduce the landscape buffer along the south. We did receive some comments from ACHD that we had received prior to the Commission hearing, I have included in the slide here. One of the main things that I want to point out is ACHD was supportive of the cross-access agreements, but you see three here. The condition is to construct one shared driveway between 1035 and 1065 East Fairview Avenue or construct a driveway on Fairview Avenue located one hundred feet east of the west property line. A driveway shall be constructed as a 30 to 36 foot curb return with pavement tapers and paved back a minimum of 30 feet from the edge of pavement on Fairview Avenue. So, the applicant has some options there. I wanted to point that out, because we typically don't like to allow many accesses to arterial roadways and if we can go back a couple of slides to an aerial shot. The applicant is -- in their slide proposing an access point where my cursor is here. There is an existing access about 20 feet to the west and the highway district is okay with the -- the proximity of those two access points, so that's why they are recommending that it be pushed further to the east. With that staff will stand for any questions you have. De Weerd: Josh, I guess I have a question. Other types of uses along Fairview has prohibited the display in the easement or in the landscape buffer. Is that also a condition? Beach: Correct. We don't allow display vehicles to be located within that 25 foot landscape buffer along Fairview and that's -- just to clarify, that's not what the applicant is requesting to reduce. They are requesting to reduce the 25 foot landscape along the -- the southern portion. So, the 25 feet would remain and they would not be allowed to display any vehicle in that space. Correct. De Weerd: Okay. Council, any questions? Bird: Not at this time. Meridian City Council May 3, 2016 Page 36 of 81 De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Amar: Well, good evening, Madam Mayor, Council Members. For the record my name is Kevin Amar. My address is 1548 West Cayuse Creek Drive in Meridian. I'm here tonight representing Meridian Property Group on the development of this site on Fairview Avenue. We were also the developers of Touchstone Place Apartments behind this site and so we have been working -- really, we have been working on this project with the Meridian Property Group since about 2008 when the first -- when the first application came in to develop the western parcel. At that time the infrastructure wasn't quite there, sewer wasn't to the site, water was still a ways away from the sight, so there was some issues that already were difficult with this site and, then, given those issues in conjunction with the economic climate at the time, it was decided by the owners just to wait until times improved. Times have improved. Touchstone Place has been completed and developed. Jericho Road has been completed on the eastern end of this site, which provides them better access limits, some additional access onto Fairview and, then, also with the development of Touchstone Place sewer and water was brought to this site. So, all the infrastructure is now currently to the site. With the development of this site we will be limiting -- so, currently there are two access points onto Fairview, one for each parcel. With the development of this site one of those access points will be deleted. There will be access off of a shared driveway on Jericho, as well as an additional access point, as staff mentioned, along the western boundary and that are complying with ACHD's conditions, whether it be on the property line or adjusted per their conditions. We have no problems with that and we will comply with those conditions. Further, all the staff comments and conditions we are in agreement with and we will comply with those regarding building design and type and -- as well as we understand that cars cannot be displayed -- displayed in that landscape buffer. Part of the question -- in the original development that came through on the western site, as that project was developed there was already allowed a reduction in landscape buffer along the southern boundary to five feet. W e are proposing to maintain that, because there is already a large buffer on the other side of that Touchstone Place Subdivision, which we developed that greatly increases any -- it exceeds the 25 feet required that is between residential and commercial. On the new property, the property -- the gray hatched property there is currently -- we will -- we propose a ten foot landscape buffer on our side, which will provide at 25 foot landscape buffer for any properties behind. We appreciate staff's willingness to work with us on it and I'd stand for any questions at this time. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: It's been a little while. Meridian City Council May 3, 2016 Page 37 of 81 Amar: Yeah. A little while. Thanks. Beach: Madam Mayor, if I may, I neglected to mention, this is -- this is an application for annexation and zoning, as well as to modify the development agreement to add this property into the existing development agreement for the property to the west, just to make that clear. De Weerd: Thank you, Josh. Okay. This is a public hearing. Is there anyone who would like to provide testimony? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Seeing none, I move that we close the public hearing on H-2016-0004. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-G. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve file number H-2016-0004 as presented in the staff report with the condition that -- as the applicant stated, they would comply with ACHD conditions. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-G. Any discussion from 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. Meridian City Council May 3, 2016 Page 38 of 81 H. Public Hearing for Kenners Subdivision (H-2016-0018) by Kouba Homes, LLC Located East of N. Locust Grove Road, North Side of E. Fairview Avenue 1. Request: Annexation and Zoning of 0.932 Acres of Land with an R-8 Zoning District 2. Request: Preliminary Plat Consisting of Eight (8) Building Lots and One (1) Common Lot on 1.28 Acres of Land in the R-8 Zoning District De Weerd: Item No. 9-H is a public hearing on H-2016-0018. I will open this public hearing with staff comments. Beach: Madam Mayor, Members of the Council, this application before you, Kenner Subdivision, is an application for annexation and zoning and a preliminary plat. The site consists of 1.28 acres of land with a preliminary plat, 0.231 acres of which is currently zoned R-8 and approximately .932 acres of land as part of the requested annexation, which is currently zoned RUT. The property is located east of North Locust Grove Road on the north side of East Fairview Avenue. To the north is Wingate Place Subdivision No. 2, which is zoned R-8. To the east is Wingate Place Subdivision No. 2 zoned R-8. To the south is Dove Meadows Subdivision No. 2, zoned R-8. And to the west is Mirage Meadows Subdivision, zoned R-4. The 0.231 acres of -- acre parcel was annexed and zoned in 1993 as Lot 23, Block 1, of the Wingate Park Subdivision, and 18.8 acre lot, single family residential subdivision and the 1996 parcel number R9467180240 was approved as Wingate Subdivision No. 2. The Comprehensive Plan future land use map designated for this property is medium density residential. The applicant has applied to annex and zone a total of .932 acres of land with a proposed R-8 zoning district. The proposed zoning is generally consistent with the corresponding future land use map designation of medium density residential. The property is contiguous to land that has been annexed into the city and is within the city's area of impact. The applicant has submitted a concurrent preliminary plat that consists of eight building lots and one common lot on 1.28 acres of land in the R-8 zoning district. The proposed gross density of the subject -- of the subdivision is 6.25 dwelling units per acre, with a net density of 8.1 dwelling units per acre. It is generally consistent with the R-8 zoning district. And as noted this parcel here to the north is the parcel that has already been annexed and will be -- is proposed to be replatted with this subdivision. The lots range in size from 5,001 square feet to 6,215 square feet, with an average size of 5,374 square feet. The proposed plat exceeds the minimum lot size requirement of 4,000 square feet for the R-8 zoning district. The subdivision will take access via two existing stub streets, East Oakcrest Avenue, which is here on the west side and to North Dixie Avenue, which is here on the north. The existing property may have the right to use North Dixie Lane to access the property. So, prior signature on the final plat the applicant shall provide proof Meridian City Council May 3, 2016 Page 39 of 81 that any rights to access North Dixie Lane has been relinquished and just for reference sake that would be located directly here. There is an existing pathway that was developed as part of the shopping center down on the corner that utilizes this. We would just like to be certain that there is no right for the -- for that property to use that for -- for further access -- vehicular access. With that staff encourages the applicant to coordinate with the Wingate Place No. 2 HOA on the construction and maintenance of a multi-use pathway on Lot 1, Block 6. The pathway currently does not go all the way to their proposed street, so this entire section here is -- is unimproved and staff would like to see that be constructed to continue that pathway all the way down to Fairview Avenue. There is an existing home and associated outbuildings on the site that will be removed as part of this development. Kouba Homes plans to construct single family homes using a variety of styles and materials. Staff is supportive of the elevations proposed with the development of the subdivision, which are included here. Staff has not received any written testimony since the Commission hearing. The Commission did recommend approval and a summary of the Commission hearing -- in favor was the applicant's representative Pat Tealey. There was none in opposition. Susan Chamblis was a neighbor who did comment on the application. Again, we did not receive any written testimony. I was the presenter on that. Key issues of public testimony: Hours of construction and the increase of potential traffic. Key issues of discussion by the Commission were this being an in-fill piece in an established neighborhood. The Commission did not change any staff recommendations and there are no issues outstanding for Council. With that staff will stand for any questions you have. De Weerd: Thank you, Josh. Council, any questions? Okay. The applicant? Thank you for coming. If you will, please, state your name and address for the record. Tealey: Madam Mayor, Members of the Council, my name is Pat Tealey. Office address 12594 Explorer in Boise. And I'm representing the applicant Kouba Homes. Basically I will just provide a brief history of why this parcel is a remnant piece that is still in -- in the county. We started developing that area with Dove Meadows in about 1994 and '95 and he was there, he provided a lot of resistance. I think maybe some of you may remember some of those discussions. In 1990 prior to that Mirage Meadows stubbed Oakcrest Road into his property and that's as far as it will go. Meridian did allow, in 1996, Wingate Place to be platted and Dixie Lane to be dead ended at his parcel again. Everybody new that that road would eventually go through there, so they -- they put the sewer and water onto that last lot there in the -- in Wingate. We are proposing now connecting those two roads, getting the utilities out into that public right of way and finally subdividing this last little remnant of ground. If there is any questions I would be glad to answer them. De Weerd: Council, any questions for the applicant at this time? Meridian City Council May 3, 2016 Page 40 of 81 Bird: I have none. De Weerd: Okay. Thank you. Tealey: Thank you. De Weerd: I did have several people sign up. When I call your name if you would like to provide testimony I would ask you to come forward at that time. Jody Cain signed up against. Okay. Dave Cain, signed up again. Ruth Ann Price signed up against. Jordan Price signed up against. Chelsea Becker signed up against. If you would like to come forward. Good evening. Thank you for being here. If you will, please, state your name and address for the record. Higgins: My name is Robert Higgins. I'm treasurer for Mirage Meadows Homeowners Association. We are a subdivision of 39 homes on Oakcrest Drive and a couple of cul-de-sacs. We are looking forward to this annexation, so we can get out of our subdivision. We have a really bad connection. To give you a head -- information, the traffic on Locust Grove is so bad getting out during rush hour traffic I -- last month me and my wife just about had a head-on collision in the center lane, because people are taking the center lane on Locust Grove to get into Chateau, so -- and we got to slam on the horn to people and we got two signs that say don't block the intersection. So, we are going to be looking to get through this annexation. My problem with this annexation is I would like the subdivision to give consideration about the parking needs that these homes are going to need. Most of the -- like our homes -- we got ten percent rentals and a lot of those homes have three, four cars, so when you're talking parking, they are sitting on their lawns, they are sitting in the driveways, they are using their garages for something else instead of parking them in and from what I'm seeing here the parking issue they are going to have is they are going to be moving them into our subdivision or into the Chateau Subdivision. So, that's the only thing I'd like you to be considering is that these lots -- it's a tough scenario with vehicles that are coming through, Locust Grove and Dixie Lane, because we are looking forward to getting out as another alternative. It's a bear and we have -- the cops -- I have asked the police officers -- went up to Mirage Meadows, I have talked to the patrol office last year to have them sit there and start citing people, but we are not getting any response from Meridian police department on that either. And, then, last month when me and my wife just about had a head-on, says I'm asking for motorcycle cops to even be there. So, I'm really -- we are for it, but it's just that the parking issue, even in our subdivision where we are fighting with residents about who is parking where in front of their houses, because there is not enough room in front of their own houses to park these extra vehicles, so -- I mean we have had to have code enforcement officers, because in the cul-de-sacs we have had them parking perpendicular to the curb, you know, their vehicles and we have also had them parking in the middle of the cul-de-sac, which during parties and stuff I don't have a problem with. It would be a problem -- I mean if we have a fire or something like that and the fire truck Meridian City Council May 3, 2016 Page 41 of 81 has to get in there and they can't turn around that could be. But that's the one thing I have reservations about is the parking situation for the extra vehicles. So, please, take that in consideration when approving the subdivision. I mean I wanted to go through it big time, because we need the access to get the heck out of our subdivision. So, thank you. De Weerd: Thank you. We appreciate -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Sir, I'm sorry, I have a question for you. Higgins: Yes. Milam: Maybe I missed something, but I'm just curious why you think that the parking situation is going to be worse with these homes than existing homes? Higgins: We already have a parking problem down at that end of the subdivision that's going to -- I mean we have got one vehicle on -- I think it's 2005 Oakcrest -- I mean they got four vehicles there. They got two in the driveway, two on the streets. They got to rotate them. Milam: Madam Mayor, follow up. So, just a thought. Also -- and I appreciate your testimony and the fact that you want this to go through. One of the things I heard during your testimony was that you -- you want to drive through this subdivision -- through this little subdivision to have access out? Higgins: Yeah. We are going to be going through Packard. Milam: And if they were the existing subdivision and your subdivision was coming through, they would be here complaining that you're going to be driving through their subdivision. So, if it was kind of -- Higgins: They are not going to want to go out our subdivision, I can guarantee it. Milam: Right. No. They would be here testifying against your subdivision if it was new, because you would be -- they don't want you driving through their subdivision. So, luckily, there aren't any homeowners for that property yet. And I'm glad that you will have a better access. I -- I hope that there is not a worse parking situation than there already is, but we -- I do hear you. Higgins: Yeah. It -- we have got some temperamental people when it comes to the parking situation down at that end and we have had -- one, they actually have a two car garage for recreation and they had three people, four people and they Meridian City Council May 3, 2016 Page 42 of 81 actually added -- we finally made a -- we were going to -- ready to take some action on them, but they added six foot to their driveway so they could get that extra car off the road. So, we had a neighbor -- one of those neighbors have a fifth wheel and he brings it in and turns it around in the cul-de-sac with his vehicle -- their vehicles there and the other vehicle -- they had three cars parked in it, he couldn't do it, you know, and that's taken rights away from him to have his fifth wheel to be able to prep it and clean it up after he's used it. So, that's what I'm saying, parking needs to be addressed in the subdivisions -- in these -- and, man, I -- the faster they can get that road in the faster I will be happier than -- but, thank you, I appreciate your time. De Weerd: Thank you, Robert. David Pinter. Painter? Sorry if I said it wrong. Signed up against. Diane Pascowich. Signed up against. Jennifer Evans signed up against. Terry McCarthy signed up as neutral. And Robert Dickson. Signed up as neutral. Thank you for being here. If you will state your name and address for the record. Dickson: Robert Dickson. D-i-c-k-s-o-n. 2048 North Whittiers Place, Meridian. De Weerd: Thank you. Dickson: We are right close to the property they want to annex and it's an eye sore. It needs to be gone. We are going to have a fire or somebody moving into the old house at some point. We only have one ingress and egress and that is about a block away from Chateau, to it gets blocked up like Bob was saying. So, I'm -- after seeing all the people sign up anti, I changed my mind, I'm for the subdivision, would really love to see it go in. Thank you. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Sir, just a quick question -- De Weerd: Mr. Dickson. Cavener: -- for you if you don't mind. You indicated that you were against it, but, then, changed your -- Dickson: No. I was neutral. Cavener: You were neutral. So, now you're in favor? Dickson: Yes. Meridian City Council May 3, 2016 Page 43 of 81 Cavener: Okay. Dickson: Because I saw all the people that were signed up against it and I want to get rid of it. I don't like that eye sore that's there. Cavener: Fair enough. Thank you. Dickson: Uh-huh. De Weerd: Okay. This is a public hearing. Is there anyone else who would like to provide testimony? Yes. Good evening. If you will, please, state your name and address for the record. Cain: My name is Jody Cain. I originally wasn't going to give testimony, but I decided that I should. My address is 2048 North Dixie. I'm actually right on the corner next to the lot in question and I agree that it's an eye sore and that it's a danger. There is kids that party there all the time. I have no problems with it being developed. I worry about the increase of traffic through there, because I -- I get that it's a pain to get through off of Locust Grove from that dead-end street, but how much the traffic is going to increase on that corner with the children that play and the cul-de-sac that has been there, I just worry about that increase and the hazards that that could cause and because there is such a parking issue, is it now going to overflow onto my street and create the parking issue there, so I can't park my own cars or can't have visitors or have those issues there. Also I worry about the quantity of the number of lots that they are proposing. Putting eight houses on that small of a segment, how many people are actually going to move in there, what's it going to do as far as decreasing my property values, because they have crammed so many places onto this one little location, as well as the community lot that they are proposing, is it going to be gated, is it going to be only for those residents? Is it going to become a neighborhood park or community lot? What are they proposing to put on this lot I guess are some of my other questions and concerns on that. De Weerd: Thank you. Cain: So -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Jody, I have a question for you. Cain: Uh-huh. Meridian City Council May 3, 2016 Page 44 of 81 Milam: What is the zoning of your home currently, do you know? Cain: I don't how. I believe it's R-8, but that I don't know for sure. Milam: Okay. That's the same as -- okay. Thank you. Bird: I'm sure it's R-8. De Weerd: Josh, is that R-8? Beach: Correct. De Weerd: Thank you. Anyone else want to provide testimony on this? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Josh, remind me. Under the old -- when this lady's sub was built, 5,000 square feet was an R-8; right? Beach: Correct. Bird: And now even though we have changed it to 4,000, as I -- if I understood you right when you give your presentation that the average lot size in this is going to be fifty -- Beach: 5,300 I believe. Bird: Over 5,000 square feet, which would be -- Breach: Correct. Beach: You said that -- I don't necessarily know that these are the minimum sizes we are allowed. These R-8 looks -- this is a little bit bigger on the R-8 side. Bird: Yes. Beach: I don't believe they are the minimum lot standards, but neither are the ones going in. Bird: That's what I understood. Yes. Thank you. De Weerd: Okay. Borton: Madam Mayor? Meridian City Council May 3, 2016 Page 45 of 81 De Weerd: Mr. Borton. Borton: Josh, is the recommendation for that connectivity of the pathway one of the conditions of approval? Beach: Correct. Borton: Okay. Would the applicant like to make closing remarks? Tealey: Madam Mayor, Council Members, Pat Tealey. I would -- it sounds like the parking issues are an enforcement issues and probably how that subdivision got built out. A lot of times what happens -- you know, homes were originally -- geez, 25 years ago now and some of those garages have probably been converted to occupied space or they are so full of other things that you can't park a car inside the thing. Basically -- we provide a two car garage and two cars parking in -- in the driveway. That's four cars. I can't imagine anybody else -- anybody having four cars living in those houses -- anymore than four cars. So, I suggest that they -- you know, that the -- and they have tried it, getting enforcement out there to try to cure some of their park problems. This is -- this has been sort of like a dead-end connection for the last 20 years. I mean we -- the City of Meridian and everybody around it in that area has known that since it was -- since it was built. So, this should come as no surprise. And it will provide another outlet for that neighborhood and certainly there are some traffic problems on Locust Grove, but I don't think these additional lots are going to cause that much more of an impact. Are there any questions? De Weerd: Council, any questions for the applicant? Bird: I have none. De Weerd: Thank you. Council, would you like to hear again from Mr. Higgins? Yes, please. Robert, if you could state your name again for the record. Higgins: Robert Higgins. I live at 2064 North Applewood Place, Meridian. And I'm treasurer of the Mirage Meadows Homeowner Association. The one thing that we are running into -- and that's due to state law. They have changed the HOA ability to enforce our covenants, which we have to allow cars to be parked on their driveway, not in the -- the vehicles -- I mean we have to actually -- if both are on their driveway we actually have to go to court for it and we are in the process of probably having to do that to one of our residents right now, because they are not taking -- we have asked them to move both and they are not -- and it's parked for the last week -- hopefully they were going to move it to a storage, which is right next door to us, but they are not doing it. But the senate -- or the state of Idaho has changed the law for HOAs to do any enforcement of their covenants. It's pretty hard and from what I heard from Kirk Hessing, who is the Meridian City Council May 3, 2016 Page 46 of 81 president of our subdivision, he says they are trying to work it -- trying to get the law to be changed, but that parking issue -- if we had the ability to enforce we wouldn't have this issue. That's why I brought it up to you so that you would be aware of it. It's a touchy issue. The Idaho senate or -- lawmakers made an issue of it and it was -- and I can see their point where they had HOA managers that were penalizing without reason -- taking reasonable actions to get residents to maintain their property. But since we had some HOA managers ran amuck, the whole state paid for it. So, that's why we are having problems enforcing the parking, because our vehicles are supposed to be parked in our garages. We can't do anything about it. As long as there is some vehicles parking -- and I don't have a problem with it. But when you have -- they are parking their vehicles on the street, like the one place we have got a boat that's sitting on there, plus a car that's tarped sitting on their driveway. Their garage has got a whole bunch of other materials in it they are not using. They have got three vehicles parked on the street. So, I know they have two vehicles -- two car garages, two car driveways, but if you got more than three vehicles they are going to be sitting on the road and you will be driving one way or the other trying to get out of the subdivision. Okay. Thank you for your time. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: And thank you for your serving on an HOA. It's not always the most pleasant positions to be in. Mr. Bird. Bird: Mr. Nary, could you explain what -- by our ordinance what -- what we can control in parking on public streets? And we have no control over HOAs at all nor do we want -- Nary: Madam Mayor, Members of the Council, Council Member Bird, so the only enforcement authority we have on the streets in regards to parking is the time -- length of time cars can be parked on the street at any one location and the size -- -- so, certain types of commercial vehicles we can limited their parking and we have. So, in the City of Meridian, you know, 72 hours to park a vehicle on the street, then, it has to be moved within 72 hours. Commercial vehicles of the size -- let's say a semi, cannot be parked on the streets in residential neighborhoods for any length of time and certain ones with trailers that are attached to like a motor home or a fifth wheel and things like that, can be parked up to two hours at any one point as long as they are attached -- if they are not attached to the vehicle. If they are attached to the vehicle they can be parked there for up to 72 hours. So, that's the only -- only authority we have as a city is to limit the length of time people can park there. Bird: Thank you, Bill. Meridian City Council May 3, 2016 Page 47 of 81 De Weerd: And it sounds like Mr. Higgins knows our code enforcement, so -- I think that Lieutenant Stokes will make sure we -- we have someone visit out there. Does the applicant have any -- any other words? You can't provide further words from there. I guess I have to define further words. Okay. Anything further from Council? Any questions for the applicant, staff, or any of those that shared testimony? I would entertain a motion to close the public hearing then. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we close the public hearing on H-2016-0018 for Kenner Subdivision. 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. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we approve the annexation and zoning for Kenner Subdivision, H-2016-0018 and include all staff, applicant, and public testimony. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-H. Any discussion from Council? 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. I. Public Hearing for UDC Text Amendment - Common Open Space (H-2016-0024) by EGC Development, LLC 1. Request: Text Amendment to the Unified Development Code (UDC) as Follows: 1) UDC Meridian City Council May 3, 2016 Page 48 of 81 Section: Common Open Space (UDC-11-3G-3A Open Space and Site Amenity Requirement) De Weerd: Item 9-I is the public hearing for UDC text amendment. I will turn this over to staff at this time. Beach: Good evening, Madam Mayor, Members of Council. So, before you, as the Mayor said, this is a UDC -- an application for a UDC text amendment. The applicant is requesting approval of a UDC text amendment to update Section 11- 3G-3A of the Unified Development Code. Specifically the requested change is to reduce the percentage of required open space to five percent for a residential development that is composed entirely of lots in excess of 16,000 square feet. You see here on the slide the -- if you recall last year staff brought before you an application to -- to reduce the required common open space and provide a couple of options. One of those was residential lots had to be on average ten percent -- 10,000 square feet or more or the development had to be within a quarter mile of a city regional park or an eighth of a mile of a city community park. The applicant was aware of this proposed change and proposed a 6.6 percent open space for their development. This is the applicant that brought forth the -- the Birkdale Subdivision, which is just directly east of the proposed school that was heard earlier this evening. Just as a frame of reference. So, as I said, their development in the Birkdale Estates proposed 6.6 open -- percent open space, with the anticipation that this proposed change last fall would be approved by Council. It was not, so the applicant has brought fourth an application to propose a five percent and with the understanding that Council did not necessarily think that the -- the average language was good enough, because you could have a lot that was significantly larger and a couple that were significantly smaller to kind of weigh that out. So, they brought forward their -- their language here in a slide and I will read that to you. The total land area of all common open space that meets the standards as set forth in Section B of this section, which is 11-3G, shall exceed ten percent of the gross land area of the development and their added text is: Or provide five percent common open space if the entire development is comprised of buildable lots a minimum of 16,000 square feet and this next portion is what was recommended by the Planning Commission at the hearing just over a month ago and not including the landscape buffers along arterial or collector roadways. So, there was some discussion at the Planning Commission that if we included those areas that they would not, then, have to provide any actual open space within the development, depending on the length of that frontage. So, this is how the applicant has elected to pursue this. The primary difference between the two proposals is the applicant's proposal specifies a minimum lot size, which staff's proposal did not. Further, staff recommended to include a minimum proximity of the development in relationship to a rezone and/or community park and the applicant's does not. Staff supports the applicant's proposal and analyzed the request with other provisions in the Unified Development Code to insure the proposed change does not conflict with other sections of the code and based on this analysis staff has Meridian City Council May 3, 2016 Page 49 of 81 concluded that this change will not be -- will not affect any other sections. Staff did not receive any written testimony since the Planning Commission hearing. Commission did recommend approval with those conditions that I -- there are two. A summary of the public hearing. The applicant's representative Jeremy Garner was in favor. There were a couple in opposition. Robert Nielson and Joann St. Charles. With Susan Champlin commenting. There was no written testimony. I was the presenter there, with Bill Parsons as well commenting. Key issues of public testimony were concerns about reducing the amount of usable open space required for these large lots on a citywide basis and concerns that currently the street landscape buffer can be included in the open space calculations. Key issue of discussion by the Commission were the concerns that currently the street landscape buffer can be included in those calculations. The Commission change -- made that one change to the staff's recommended conditions that I read there to you and there are no outstanding issues for City Council and with that staff will stand for any questions you have on the application. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Would the applicant like to make comment? Thank you for joining us. If you will, please, state your name and address for the record. Garner: Madam Mayor, Members of the Council, my name is Jeremy Garner. I'm representing EGC Development. Address 13601 McMillan, Boise, Idaho. De Weerd: Thank you. Garner: Appreciate the opportunity to be here. I think Josh summarized this pretty well. A couple of the things that came up that I want to mention this time that I didn't mention last time was the fact that in Birkdale we actually have a pool and barbecue area that sits on -- close to 15,000 square feet of common space, but, obviously, would be considered as that open space requirement as well. In addition, this -- this subdivision has 15 buildable lots that are in excess or on average 21,000 square feet or half an acre. So, with the requirement that we have or will have in our -- architectural requirements of 25,000 square foot footprint, the average lot size or space around the lot would be somewhere in the neighborhood of 18,000 square feet or 19,000 square feet of yard, if you will, on each of those buildable lots. The other thing that was made mention -- and I don't want to testify for him, but Bill Parsons made mention that in the last ten years he has only seen maybe two of these R-2 developments where this application would be applicable to. So, I think, obviously, we are in -- in favor of keeping the ten percent for developments that are R-4, R-8. That's definitely something that we don't want to see go away. I think that makes for a really good community in the way the things -- you have neighbors that meet in those Meridian City Council May 3, 2016 Page 50 of 81 common spaces. But for developments where you have a larger -- large lots, it makes sense to maybe reduce that common -- common space. So, we are, obviously, proposing that this change to the text amendment, so -- I will stand for questions at this time. De Weerd: Thank you. Council, any questions? Okay. Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on H-2016-0024. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2016-0024 and to include all staff and applicant comments. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-I any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea. De Weerd: Motion carries. MOTION CARRIED: FIVE AYES. ONE NAY. J. Public Hearing for Maverik (H-2016-0027) by Maverik, Inc. Located 1515 E. Fairview Avenue Continued to May 17th, 2016 Meridian City Council May 3, 2016 Page 51 of 81 1. Request: Annexation and Zoning of Approximately 3.907 Acres of Land with a C-G Zoning District De Weerd: Item 9-J is a public hearing on H-2016-0027. I will open this public hearing with staff comments. Beach: This is an application for annexation and zoning. The site consists of 3.907 acres of land. It's currently zoned C-2 in Ada County and is located at 1616 East Fairview Avenue. To the north is East Fairview Avenue and commercial property, which is zoned C-G. To the east is North Locust Grove Road, commercial property and vacant property, zoned C-G and RUT in Ada County. To the south is single family residential homes in the Koziah Subdivision, which is zoned R-40. And to the west is developed commercial property zoned C-G. The Comprehensive Plan future land use map designation for this property is commercial. The applicant is requesting to annex and zone this property with a C-G zoning district. The proposed zoning is generally consistent with the corresponding future land use map designation of commercial. The applicant proposes to develop a convenience store and fuel sales facility and a future commercial building on this site. A concept plan is included that show how the site is proposed to develop with two commercial buildings, approximately 5,046 square feet and approximately 4,339 square feet for a convenience store and a fuel sales facility and associated parking. The south half of the development is slated for future development. Any proposed concept plans only a graphic representation for how the site could develop in conjunction with the proposed Maverick store on the -- on the northern portion, which is the -- the store is located here. In accord with UDC 11-2B3, the business hours of operation within the C-G zoning district are limited from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district and as was mentioned this is one lot, so if this were subdivided this property would, then, not be subject those reduced hours and could operate. Currently the applicant is able to obtain -- or I should say apply for a conditional use permit to operate for a 24 hour period and have not -- have not applied for that as of -- as of today. Just so you're aware. There are several nonconforming uses associated with this property. One is billboards. Currently the site is developed with four billboards and I will kind of bring over a slide here and indicate to you where those are located. They were approved in the county. Under the city's ordinance the signs were prohibited and deemed illegal and must be removed within 60 days of annexation into the city. The applicant has requested that Council allow three of these billboards to remain on the site to carry out the remainder of their existing leases, which the applicant had indicated is approximately 11 years. Vehicle wrecking or the junk yard is also a prohibited use in a C-G zoning district. Staff recommends that this use will cease within 60 days of annexation to the city as well. The site is currently surrounded by steel fencing. The material is not allowed to be used as fencing material per our code or per the UDC and must be removed within 60 days of annexation. Lastly -- Meridian City Council May 3, 2016 Page 52 of 81 currently the site does not meet the landscape standards set forth in the UDC. Because this property is slated for redevelopment, any new development must -- proposed for the site must comply with all those standards and because this property is a single parcel the applicant will be responsible for installing the entire perimeter of landscaping, which is 25 feet wide along Fairview and Locust Grove and as well as the -- as well as on the southern border. The UDC requires there to be a 25 foot landscape buffer along any residential property as well with the first phase of development. A landscape plan was not submitted as part of the application. However all landscaping should comply with the standards listed in the UDC. As I mentioned, the applicant is responsible for installing 25 feet on Locust Grove and 25 feet along East Fairview Avenue as far as landscaping and meeting the code. If desired, the applicant can request Council waiver to reduce the 25 foot landscape buffer along the southern boundary and due to the existing waterway along the southern boundary, there is a good chance that there is an existing irrigation easement along that boundary and the UDC does allow a five foot wide landscape buffer width outside of the easement where the buffer is encumbered by easements or other restrictions. The property currently takes access from two existing access points onto Locust Grove Road and one on East Fairview Avenue. Staff supports the applicant's request to have one right-in, right-out access to Locust Grove in alignment with East Wilson Lane, which is the access proposed here and I will get back to the site plan in a second, so you can see that. With development of the property the applicant proposes to utilize the existing cross-access driveway to the west, constructed with the Intermountain Subdivision -- Intermountain Outdoor Subdivision and will utilize the shared driveway with 1375 East Fairview Avenue. So, they will utilize this cross-access here as you see where my cursor is. There will be no direct access allowed to East Fairview Avenue. UDC 11-3A3 requires the applicant to seek Council approval of other accesses to Locust Grove, so they are -- they are asking for two access points to Locust Grove, so they need Council waiver to -- to allow for that and they have asked for that as part of this application. A median five foot wide detached sidewalk is required adjacent to East Fairview Avenue and around all buildings, as well as those serving public streets. Locust Grove Road has an existing attached sidewalk. If additional right of way is needed by the highway district adjacent to North Locust Grove Road, the applicant shall construct a five foot wide detached sidewalk on North Locust Grove Road. Conceptual building elevations for the future building were submitted by the application -- submitted by the applicant. Building materials depicted in the plan for the building include stone veneer, rough sawn timber and board and batten. The future building on the site will generally comply with the submitted elevations, including, but not limited to the design standards set forth in the City of Meridian architectural standards manual. And if I may go back here, I have indicated here where the existing billboards are. The applicant has indicated that they would remove the one closest to the corner, because that lease has been expired -- or it's no longer applicable, but that these three, which include several billboards apiece, would remain for the 11 years of that lease. With that staff did not receive any written testimony prior -- or since the Commission hearing. The Commission did Meridian City Council May 3, 2016 Page 53 of 81 recommend approval with conditions. A summary of the public hearing. In favor was the applicant's representative Todd Meyers. There was none in opposition. David Gronbeck did comment. As I said, no written testimony was received prior to the Commission hearing. Staff -- presenting was myself, with, again, Bill Parsons commenting. There were not applicants -- or there was no testimony, so there was no key issues of public testimony. Several issues discussed by the Commission were the number of access points onto Locust Grove. Timing of removal of the billboards. A mechanism for the city to track the removal of those billboards if the property is annexed with them. The possibility of requesting the applicant to bond for the removal of the signs, so that there are -- is more of an incentive to remove those signs once the leases are up and when would the landscaping for the southern portion of the property be installed if only the northern portion of Locust Grove and Fairview's landscape buffer is installed now. So, the Commission changes to the staff's recommendation were they modified condition 1.1.1F. They added condition 1.1.L. Modified condition 1.1.1C. Removed condition 1.1.1J and added condition 1.1.1M. There are no outstanding issues other than the current nonconformities on the site. I will state that Commission was in support of the one access with the understanding that's -- onto Locust Grove with the understanding that they need the Council approval to -- to actually allow that. With that staff will stand for any questions you have. Milam: Madam Mayor? De Weerd: Thanks, Josh. Milam: Sorry. De Weerd: Can you go through what the specific modifications, additions, removals are? Beach: Absolutely. Pull that staff report quickly, Mayor. De Weerd: While you do that, Ms. Milam? Milam: Madam Mayor, my question is regarding the irrigation easement. It says there is a good chance that there is an existing irrigation easement along said boundary and I'm just curious why that's just a chance, if you don't -- Beach: We will have to do some additional research on that to make sure that is the case. Yeah. We were unable to -- we weren't able to determine that, but that -- typically there is -- there is an irrigation canal that runs through there. That's part of the staff report and I can read that portion for you as well. So, any -- let me get to the Mayor's question here as part of the changes to the condition. De Weerd: I think we should ask Warren. Meridian City Council May 3, 2016 Page 54 of 81 Stewart: Are you just kidding me? De Weerd: I'm kidding. I was just seeing if you were paying attention. Beach: Commission changes -- the 1.1.1B -- modified that so that -- and I will move this over here so we can see what I'm talking about. That would be helpful. So, reference D-1, right-in, right-out access onto North Locust Grove. That part was stricken from that condition based on the Commission's recommendation, so -- and, then, C, the junkyard use, fencing, and billboards nearest the corner, as opposed to all nonconforming signs shall be removed or cease within 60 days of annexation. So, staff did recommend that they all come down. The Commission recommended that currently just the one on the corner be removed. Move down to F. The applicant shall provide cross-access to 1375 East Fairview Avenue and to the southern portion of the subject property. As I had mentioned to you, this is currently one property, with the understanding that the applicant has indicated some interest in coming forward with a preliminary plat to subdivide this property and staff wants to make sure that there is a recorded cross-access between the two properties if there is a separate owner in the future. So, J is the condition that requires that they only be allowed one right-in, right-out access to North Locust Grove. As I said, Commission did recommend that they be allowed to have both of their desired access points and coordinate with city staff on bonding for the removal of the billboards once the lease term has expired as another condition and that included the terms of the billboard leases as an exhibit in the development agreement. De Weerd: Okay. Thank you for going through those. Beach: You're very welcome. And I can go through that irrigation easement for you, Council Woman Milam, if you would like. Milam: Madam Mayor. Josh, I really was just wondering why we don't know. So, the question was that there is this -- in the staff report it says there is a chance of an easement and I guess my question is don't we know if there is an easement or not, so -- we guess there probably is, but we couldn't confirm that? Beach: That is a great question that I don't have the answer to at the moment, but we will -- I will definitely look into that. Milam: Okay. Thank you. Beach: There are -- as I said, there are irrigation facilities there. There is a -- an irrigation lateral the runs along the southern boundary. As to the width of that I think it's the -- the question is how wide that easement is and I indicated that there is an allowance for a five foot landscape buffer outside of that easement to accommodate the UDC requirements of a 25 foot landscape buffer. This is, as I Meridian City Council May 3, 2016 Page 55 of 81 said, a very wide buffer currently that it would need to ask for Council's waiver on that is why that's brought up. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, if there is only a five foot easement -- Beach: No. Milam: No. Beach: No. There is -- it is approximately -- I want to say 45 to 50 foot irrigation easement through there. The five foot I'm referring to is a landscape buffer. So, they -- the applicant has the opportunity to come before Council and ask that that be reduced because of the width of that easement that currently exists for the irrigation lateral. Does that make sense? Milam: Yeah. But aren't irrigation easements -- they are different based on the type of irrigation, whether it's pressurized or -- some are less and some are more. Beach: This is an irrigation lateral, so it's not -- Milam: It's a lateral. Beach: Correct. Milam: Okay. Thank you for clarifying that. De Weerd: Okay. Warren. Stewart: Madam Mayor, I might be able to help with it just a little bit, but -- De Weerd: That's awesome. Stewart: I do not know the width of that easement. That's actually a drain ditch I believe that goes through and the reason that we don't know is the irrigation districts over the years have -- as development has occurred they actually record the easements with new development, but in many cases where they are going across county property and they have been there for years and years, the irrigation district claims a prescriptive easement, which means that it's not recorded anywhere, they just claim a prescriptive easement and it's when it develops that they come in and tell you this is the easement width we want. So, we will not necessarily know that. Meridian City Council May 3, 2016 Page 56 of 81 Milam: Thank you. De Weerd: Thank you. I feel so enlightened. Okay. Anything further for staff at this time? Bird: I have none. De Weerd: Okay. Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Meyers: Todd Meyers. An employee of Maverick, Incorporated, at 185 South State Street, Salt Lake City, Utah. Thank you, Mayor and Council, for the opportunity to present this application. Maverick's interest in this property is to lease the northern portion and, of course, we are only interested in leasing the northern portion if it can be annexed into the city, because we want the city services, which, of course, includes water and sewer. That's very important for the operation of our building. And, of course, police and fire is always nice, too, so -- if they all work together and they all make for a better product and -- and so that is why we are here. We have reviewed the staff report and as far as the items that are related to Maverick, we are in agreement with the conditions of that staff report. As you look at this property it's a county island and like any county island most of your residents probably feel that it's part of the city. As you look at this property how much of it conforms with the city's development codes. Not a whole lot. And as stated in the staff report, this application doesn't get you all the way there. It does get you some of the big things. Especially some of the big things that are next to the residents, which made for a very good neighborhood meeting when we were able to show up and say that metal fence, gone. Salvage cars. Gone. It's the things that are farthest away from them, those billboards. Billboard companies are very good at getting leases and protecting themselves. Property owners are not always wise to what the long- term impact is going to be and I think that's probably the case here. As -- as you look at, you know, the development code and how the beautification of this property could go, it still is a major improvement. Now, Maverick does not have any financial gain from those billboards there. They are a nuisance. We are going to build a very expensive building. We would love everybody to be able to see it. But the only way that we have been able to determine that we will be able to go on this property is with the inconvenience if those billboards for a period of time. But when that lease expires we will be one of the first to say they need to get out of here. I'd like to kind of take you through our site plan just real quick if you don't mind. The first thing you can see is we are facing the noisy part of our operation towards the north. Towards Fairview. So, the building itself is going to buffer the residents to the south. Most of our activity -- the noise, the lights, and so forth happens out at the gas canopy and so that's pushed out there. You can see there is some weird looking things north of the gas canopy. Those were the underground tanks for the fuel and so when we drop fuel, even our semis are going to be all the way to the north part of the property away from the residents. Meridian City Council May 3, 2016 Page 57 of 81 And that's important, because fuel gets dropped off at different hours of the day. Obviously, we want to try to keep away from peak hour on the street, but it's difficult for us to get to our site. But that does make it so it's nice if it can buffer for when the residents are out having barbecues and so forth in their backyards. And so this layout is taking that into consideration. Now, with Maverick -- well, if I ever call ourselves a C store my boss would really get upset with me. We think that we are so much more and part of that is -- a lot of C stores try to make 80 percent of their revenue out at the gas pump. As we look at the future and cars getting better gas miles and public transit and everything else, we need to prepare for the future and so we look for having a balanced two businesses, the gas pump and what's taking place inside the stores and with that we have done a lot of our own branding and we are always refining what we are putting inside of our stores. If it's not selling it's gone, because we don't want you to go in -- if you're going into a Walmart during Christmastime you got to kind of pull your shoulders in as you go down the aisle because there is so much product. We are trying not to have that feel, that you -- it's spread out and so if you go into our stores today -- and we only have one of the new ones that is built in the valley. It's out in Nampa at Karcher and Middleton. That is what we are talking about here. It is a bigger store. It actually has less product in it -- you walk in there and you do not feel like everything is falling in on you and so it's a great environment. As you go towards the back of the store we have what we feel is our future and that is prepared food items. Maverick participates in what we call shared group. There is four different convenience stores that are across the nation. We don't play in each other's backyard. So, twice a year we get together and we share ideas and we are seeing this prepared food as being a very important part of our future if you have your prepared, made-to-order sandwich or made-to-order pizza and so forth. Because of that you will notice on the site plan there is a lot more parking than what we typically have and it's because of that. Inside the store, because of that, we also have some indoor seating and, then, as you go to the east side of the store there is some weird looking rectangles there. That's our outdoor seating area. We have always had a picnic table just kind of thrown out there where ever the grass may be next to the dumpster, and it -- no. Now it's an important part of our plan and so that -- what was always an attached -- just a metal fire exit door is now a customer door, so that cars can come in -- if you have the kids or whatever, you don't want to deal with the congestion that's happening in front of the store, you can come in that access, you can go right by those -- the side door has those parking stalls, so that you don't have the congestion of the gas pump and that gets you into the store and as you come out you have the three picnic tables with picnic trellises, with landscaping, with decorative lighting. We are hoping to create an environment where people are going to want to be and in the stores that we have opened up with this new plan, which started back in July, we are finding it being very successful. The first one was a little bit disappointing, because we got out there and we realized we forgot the landscaping and so we have been refining this and so this does include the landscaping, the little decorative railing that kind of identifies that area. As I said -- and you can probably hear it in my voice -- I'm excited to come and build in the Meridian City Council May 3, 2016 Page 58 of 81 city. We can only do it if we can get it annexed and I'm afraid that it's going to have to have the inconvenience of those billboards for a period of time. The owner's applicant -- representative is here to answer any questions. I'm happy to stand for questions now or wait until after his presentation. De Weerd: Okay. I will see if Council has any questions at this point. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Quick question -- and whether you know this off the top of your head -- is this the same style as the one that's being built in Fillmore, Utah? Meyers: Yes. Palmer: Okay. I was just there two weeks ago -- well, I will talk about it later. De Weerd: Okay. Anything further? Mr. Cavener. Cavener: Madam Mayor. How many locations do you have in the -- in the Treasure Valley? Meyers: I don't know offhand. And I should know that, because that's the area I permit. Idaho is an important part of our growth early on and, then, we kind of neglected it and our stores became very old, they do not represent who we feel Maverick is today, and so you will notice that we have closed down two of our old stores, because we just can't make those stores into what we feel we are. We are currently rebuilding four of our stores and, then, we have another two stores that are remodels and by remodels I mean two walls will remain, everything else is gutted and gone and so -- that's a remodel. And, then, in addition to that we have about six more that we are building. Cavener: Madam Mayor, follow up? The two locations you closed down, how long were they at their place before you decided to close them down? Meyers: Maverick -- Maverick currently has about 270 some odd stores and if I remember right the store numbers were four and six. They were there a long time. Cavener: Twenty years? Forty years? Meyers: Yeah. Probably 1980. I know of several of the ones we are rebuilding are 1990. De Weerd: Okay. Anything further? Okay. Meridian City Council May 3, 2016 Page 59 of 81 Meyers: If I -- just one thing I forgot to mention. Because the property owner is -- is not a developer, we will be using the Maverick's real estate attorney to work with the city on preparation of the development -- annexation agreement. De Weerd: Okay. Thank you. Beach: Madam Mayor, if I may, something I did forget to mention that maybe the applicant would care to comment on. In reviewing this, staff neglected to look at the sign code with this. So, as part of this, a parcel is only allotted a certain amount of signage and the billboards that currently exist, if they are to remain, effectively take up all the signage that would have been allotted for the Maverick store. So, if this is something that the Council feels that they would like to move forward with tonight, a recommendation to allow them half of the signage that would be allowed for the parcel or the full amount would be something that would be grateful -- we would be grateful for as staff in knowing how to allow signage on the Maverick store if it is -- if the property is annexed and allowed to move forward. So, just some direction on that would be helpful as well. De Weerd: That's weird. I guess they would have to rent space on the billboards. I was kidding. I saw how quickly you jumped up. That was kind of fun, though. Meyers: Signage is very important. I wish I could say Maverick customers are so loyal signage is not important, but when you're out looking for gas, what do you look for? The price. And so pricing is very important. Also there is the reader portion of the sign. That's very important for advertising what's going on inside the store and so, yes, some consideration on signage would be greatly appreciated and needed for us to exercise the lease. De Weerd: Okay. Thank you. This is a public hearing. Is there -- oh, I had a couple people sign up. Joanna Dunton signed up in favor and Malcomb Dunton signed up also in favor. Thank you for being here and waiting all evening. David Gronbeck. Oh. Okay. Signed up in favor. Anyone else want to provide testimony on this item? Okay. Council, any questions for the owner, the applicant, staff? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I do have questions. Is it David? Okay. Okay. For David. I have got billboard questions, if you can imagine. I'm sure you're ready for that. Gronbeck: Madam Mayor, David Gronbeck with Lee and Associates. 802 West Bannock, Boise, Idaho. Meridian City Council May 3, 2016 Page 60 of 81 De Weerd: Thank you. Milam: I have a few questions and my first one is why are the leases so long? Gronbeck: I think Todd probably pointed that out and is correct and landowners -- I think they -- when it comes to billboards they see it as a pretty nonintrusive use and they see it as some type of income stream, but they don't see the long term effects of them. You know, I was -- I was fortunate enough to catch the billboard on the corner before it renewed and was able to negotiate a month to month with the sign company, but on that property there is two different sign companies. The corner one is owned by Lamarr and the other three are owned by Canyon and I was fortunate there. We are happy to share the leases, but he's locked in for another 11 years. Milam: Madam Mayor, follow up. So, can you tell me when those leases were last signed? Gronbeck: Those -- those leases were signed nine years ago with the three and they have an automatic renewal. Again that goes to the landowner not really -- and I hate to say paying attention, but understanding the lease when it comes to the sign company and there is an automatic renewal, so -- Milam: So, they renewed a year ago? Gronbeck: They will renew in a year for ten years. That's why there is 11 years. Milam: Oh. Yeah. Okay. Some of these questions are for our legal counsel. It seems like there would be a way out of that if it's an automatic renewal. I have done a lot of leases with automatic renewals and if you cancel -- there is usually a time period within -- ahead of time that you are going to give them to let them -- Gronbeck: I'm going to send the leases to you, so you can -- there just isn't. It's -- frankly, it's a very simple, short lease, but it's very defined as to what the terms are and it's unfortunate. Milam: Madam Mayor? So, what would happen if they took them down, if they terminated the lease, what would be the consequence? Gronbeck: I would -- I'm sure that will happen, because I wouldn't want to be the -- in that legal battle with the sign company if I was the owner of the property. That's -- but, again, I'm happy to share them with you. You can see kind of where -- we have shared them, haven't we? Don't you -- okay. Maybe we haven't. Be happy to share the leases with you, so you can understand the language of the lease and the predicament we are in. Meridian City Council May 3, 2016 Page 61 of 81 Milam: Okay. De Weerd: Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Your e-mail Monday kind of touched on it. Walk through the options that the city would have to get comfortable knowing that when the lease expires that not only would the signs be removed, but there is funds available to facilitate that without a bond. Gronbeck: Okay. So, the -- the sign company -- those signs are valuable. I mean we wouldn't have an option to keep those signs if we wanted to. So, the signs -- the sign companies, as soon as the lease is terminated, even under the lease they will come get the sign. So, they go away when the lease is terminated. You know, I -- trying to brainstorm some ideas to make this work for the landowner and for Maverick, you know, some type of agreement, an addendum to the lease where Maverick is in a position of, you know, a hundred percent rent abatement and the termination, you know, of the sign leases. We are obviously -- you know, make the signs go away at that point. But it doesn't take that. I mean the owner is more than happy to execute a document to terminate the leases at the end of the lease now. I'm confident -- at least somewhat confident we can get some agreement from the sign company that says, yeah, we will move them at the end -- end of the lease, but I think there is certainly some -- some, you know, elements we can use. I mean we -- I think the landowner would be happy to assign the leases to the City of Meridian on the 11th hour of the, you know, last day of the lease, if that -- you know, if -- I don't know, you know, what the legal ramifications if -- if that would make any sense, but I mean we are -- we all understand what has to happen. I mean the signs have to go away, it's just a matter of how we get there. I -- you know, we -- we, obviously, see this as a -- you know, an opportunity for the City of Meridian to clean up that corner. It's an opportunity for the owner of the land to retire and that's -- that's his end game and I think -- I didn't know you were going to get that e-mail. It was like a midnight e-mail last night and if that was the one you were referring to, so I may have spent a little bit more time on that, you know, had I known that, but -- you know, at the end of the day that's his -- that's his out plan. I mean he's ready to retire. So, if it's, you know, find another lessee for the salvage yard, because we can't get annexation, I mean that's -- that's, you know, what we will have to do. But right now I think, you know, you have seen the new Maverick, it's a pretty impressive store. I have clients, actually, that live right behind that property that, unfortunately, aren't here, but are very excited about this project -- but, anyway, I stand for questions. Nary: Madam Mayor, just a comment -- Meridian City Council May 3, 2016 Page 62 of 81 De Weerd: Mr. Nary. Nary: -- on the e-mail that we are talking about to make sure that becomes part of the record, because I don't know that -- it's not in the record today, so I just wanted to make sure that gets added to the record. Gronbeck: It should be. It was forwarded to the clerk. Beach: We will make sure it is, Mr. Nary. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Called applicant's response to staff report number two? Nary: Okay. Thank you. De Weerd: Okay. Anything further? Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I think this would be a good one where we have whatever discussion we are going to have before closing, because I'm sure we may come up with more questions and -- otherwise, we are reopening and all that mess, so -- okay. I have some comments. Thank you for wanting to invest in Meridian on such a scale and for wanting to remove the junk yard for us. I -- as I was mentioning about Fillmore, we were driving up from southern Utah and we stopped in Fillmore to gas up at the Maverick right off the exit and they were building one of these behind the existing one, which was the older style, and I believe the -- the landscaping and picnic tables and everything were already complete as they were building the actual building and my wife and I were looking at it like, holy cow, this is a Maverick? Because it was so well manicured and there were families sitting out at the -- at the picnic table and there was some other stuff for kids there and I was like, man, I hope this is the one that I have been hearing about coming for Locust Grove. So, it's great to hear that the building is going to look the same. I just see so many wins with this that we get rid of the junkyard, we get rid of the billboards. They, obviously, don't want them. And it gets annexed into the city, so, then, we have extra tax base and it completely cleans up that corner. I don't see any reason to deny this at all. It would be a complicated motion, so I'm going to wait and see what everyone else wants to say in case they want to make that -- Meridian City Council May 3, 2016 Page 63 of 81 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I love this project. I love the Maverick. I think I -- it's amazing what it will do for that corner. I drive by there almost daily, so -- the problem is the billboards and I'm comfortable approving this without -- maybe taking a look at the lease and making sure that there is not -- not myself, maybe, but -- our legal counsel. You know, just really make sure that there is not some out clause. I'm just like usually there is something in there for rezone property or before -- especially when you're coming onto an automatic renewal, I want to make sure that it's legal -- that it's a legal that they do that and that there is not a way for us to get out of it. So, as much as I really love this project, I would like for that to happen first. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I, too, think that this is a great project and I have to compliment Maverick. I can go with their traffic plan, because we questioned their traffic at McMillan and Locust Grove, didn't know how that was going to work. It works great. I don't believe we have had any wrecks up there and this is a much nicer building that's going in and as far as the signs go, I believe our legal department -- Bill can get something and I'm sure the sign companies have got those leases so air tight that, yeah, you can get out of them, put who wants to put up the money to get out of it. And you're going to get them -- if this don't go in, the auto repair and junkyard is going to stay there and those signs are going to stay there. So, I think we need to take a hard look at what do we want sitting on that corner -- and as Councilman Palmer has already pointed out, us receiving tax dollars against letting it sit like it is with those signs -- and I don't like those signs any better than anybody else, but you -- I can guarantee you that those sign people have air tight leases. Unless you have dealt with them you don't know what they have got. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: In response to that, Councilman Bird, I agree -- I'm not saying we should deny the project. I -- like I said, I just think that maybe we should take a little bit of time to review the lease. If it's a week -- I don't know how long it would take. You know, you're right in a lot of ways, but 11 years is a long time and that lease hasn't even renewed, so -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council May 3, 2016 Page 64 of 81 Cavener: I'd also encourage the Council to really take head of the precedent that we are going to set on this and, essentially, allowing a sign that was in the county to exist for 11 more years and what that tells the rest of the valley is that buy land in the county, put up billboards, and, then, redevelop. Because you will be able to do that for 11 years. I don't think there is any one of us up here that don't like the idea of this project. In fact, I will -- if things go one way I'm going to have an angry nine year old when I get home tonight, because he loves the Maverick. I just -- I'm very concerned about the precedent that we would set if we are allowing these billboards to exist and, then, allow an entity to, then, annex into the city. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I think the only precedent we are setting is that if you own a junkyard that's had billboards on it for a decade and you're willing to bring somebody to the table that's going to put something much more pretty, that, yeah, we might be willing to let those billboards stay for a while. Not -- I mean I don't -- I don't see anybody throwing up billboards and, then, come and do it with similar situations. This -- I mean it's been there a decade. Cavener: Madam Mayor, to that point -- we haven't seen that. But if this is something that this Council is in support of, we will see that. De Weerd: Well, I -- we have met with the county to say can you work with our staffs and staffs are watching applications in the county closer. We would hope that these don't slip by and that the county will start supporting our ordinances, in particular in these enclaves that -- that you don't create these situations. Certainly this application does clean up a nuisance corner. I would love to see the emission guy come with the development, because, you know, he's really friendly and I am guaranteed a waive every time I drive by. Beach: I have met with him since this application has come in, looking at his options as to where he could move his -- his business, so that has happened. De Weerd: Thank you, Josh. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I -- on the signs, I can assure you there has been billboard signs there longer than nine years ago. This is just when its current lease was there. It had signs on it when Carl Rosh owned his motor repair out there and this -- so, this is Meridian City Council May 3, 2016 Page 65 of 81 just the new lease that was done nine years ago. So, let me assure you those billboards have been out there longer than nine years. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, you know how much I hate to be a buzz kill, but we have not seen those leases and I don't have any reason to disbelieve what -- that they have reviewed it and they are comfortable with it. We have never seen them. I have no idea what the terms and conditions are. I -- we have -- in the absence of that, in anticipation of this hearing, my team -- we have been discussing options for the city, because really the trigger is -- and this is probably more for the record than for all of you -- 11 years from now someone has to remember that that sign has to come down and I don't want it to be me driving to my retirement home saying how come that sign is still there, because we don't have a pool in which to trigger that effect to happen and I don't know what's going to be there 11 years from now. So, in looking at this there is a couple of concerns that I have that I would like at least you to consider thinking about before you make a decision here. The leases -- again, haven't reviewed them. I don't know the terms and conditions. I don't know the length. I don't know anything about the automatic renewal and if there is an out there. There probably isn't and I'm comfortable that that's probably accurate as what's been portrayed to you. But one of the things that we have looked at and that was raised tonight and was raised at P&Z was a bond. I don't know what a bond looks like and what it's for, it's just an assurance of some sort that someone is going remove it or you're going to have some money 11 years from now to enforce that. In putting it into the development agreement one of the options we considered, which was brought up by the applicant, was making the city have some interest in that lease, so that we as the city have the ability to not allow it to be renewed, not allow it to continue at the expiration of that. I don't know if the lease allows that. I mean that might be -- that might be an option that would make sense, then, we have some stake in it. Not a financial stake, but really a stake in really the removal or -- but, again, five years from now someone else is standing in Maverick's shoes, if Maverick -- and they renew another lease for ten more years and nobody realizes it, that would violate their DA. I'm just trying to make sure the city doesn't end up having to enforce this through litigation ten, 11, 12 years from now. So, we have looked at a couple of options. There is not a lot that would trigger and work in our system, but there is probably some and I know if you do approve it we would work with Maverick -- the Maverick's counsel to come up with something in the development agreement. All I'm asking is I would like the opportunity to at least be able to advise you better on what your options could be in fashioning a development agreement condition before you approve something and, honestly -- I mean next week is our normal workshop and we don't have land use applications with that, but we would certainly be able to give you at least our best legal advice in two weeks. Meridian City Council May 3, 2016 Page 66 of 81 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Nary, somewhere I either read or one of the applicants stated that -- that at the end of these 11 years if those signs aren't removed immediately, Maverick don't have to pay leasing or something like that. Did I read that or am I having a daydream? Nary: What I understood from the Planning and Zoning minutes, Mr. Bird -- and they can correct me -- if the lease is not renewed one of the questions Planning and Zoning asked is how do we assure the poles get removed -- the signs actually get physically removed? And the testimony was that the value of those poles is significant. So, if there is no continuing lease, then, the sign company will remove it, because they will put them somewhere else. So, that I think was my understanding of why they believe it will get removed if it's not renewed. My concern is is that, again, this is not for tomorrow, this is ten years from now. Someone decides to renew those leases and it isn't any of those people that are in this room tonight, and it violates their agreement, now we are in a litigation situation, because they renewed a lease now that we didn't know about and that's where the potential of the city having some property interest in those leases to at least have the ability to be on notice that someone is requesting a renewal or an extension or whatever the case may be ten years from now, we would have notice to be able to -- to not allow that to occur. That's -- that's always our thinking is what would probably be the safest for the city, but without looking at the leases I don't know that they can do that. You know, I don't know if that's a separate agreement with Maverick, but, again, that's a real clunky system to have when it might be ten years from now. Bird: Yeah. But I -- follow up, Madam Mayor? De Weerd: Uh-huh. Bird: I felt that they had put -- they had put the -- it back on the owner to make sure that those signs once their lease was up left, because if they didn't -- they weren't going to get any rent. Am I daydreaming or -- De Weerd: We want your answer on the record. Gronbeck: So, that was a proposal. De Weerd: If you will just state your name again for the record. Gronbeck. Oh. Sorry. David Gronbeck. Meridian City Council May 3, 2016 Page 67 of 81 De Weerd: Thank you. Gronbeck: That's a proposal. I think that would, obviously, trigger the removal of them and we -- the owner of the property would be happy to execute, you know, some type of agreement that states, you know, rent abatement and what have you. Bird: That's just a proposal. Gronbeck: Yeah. Yeah. We are just -- we are trying to come up with proposals to make you all feel comfortable that those billboards will go away at the end of the lease. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, so I don't -- I guess what I'm asking is I don't think in two weeks I can tell you we have an agreement -- that we have an agreement prepared or comfortable with both the Maverick's counsel and us, but I can at least tell you in two weeks whether or not the possibility of having something like this or what they are proposing -- because, again, I think they have looked at -- I mean the developer has done an excellent job here in trying to alleviate this concern. So, this is not a concern, you also have two parcels here and the rear parcel may or may not continue to be part of this project and it may become something else. There is a billboard on that, too. Now, as part of the original development agreement that's an issue. Is that something that we could have a conversation about when it redevelops, whether it's less than 11 years from now that that sign needs to come down in a shorter time frame. Because Mr. Bird hit it on the head, it's a financial question. That's all it is. But many of these I mean, again, if there was two years left on an agreement and there was not that 11 with an automatic renewal, it may be a different question and I just don't know that. But without looking at the leases I can't give you any better information than what we have tried to brainstorm through since this was at the Planning and Zoning Commission level. So, we think there is a way we can do this. I'd like to feel more comfortable that it's something we have reviewed to make sure that we can make this work. We have no other -- no other interest in making sure the city doesn't end up litigating something that nobody really wants to litigate ten years from now. De Weerd: So, you can get us the leases? Gronbeck: Absolutely. Bird: I have no problem with it. You don't have a problem with that? Meridian City Council May 3, 2016 Page 68 of 81 Gronbeck: No. Absolutely. Yeah. Even though there is language in the leases, we have got approval from the sign companies to share it, so -- we will get them to you. De Weerd: Okay. Mr. Bird. Bird: Is two a week delay going to bother you people at all? Gronbeck: No. I don't think so. I mean two weeks is fine. I think what we would ideally like to do is subdivide the property. I think that makes sense for the lease. But, again, you know, any agreement, you know, is on the billboards. We are happy to execute on both parcels. We understand what has to happen. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I know we enter into development agreements all the time that somebody may violate in ten years. I mean we are not dealing with Joe's Snowcone Shack. Unless there is really good actors, I feel completely confident that they don't want the billboards and will do everything they can to insure that they are gone as soon as possible and I'm sure that they completely adequately reviewed the lease agreements on the billboards -- I mean if it's the will of the Council, obviously, we will push it a couple weeks, but I have zero reservations that we are going to get that plan to go. Good thing we waited. Those sneaky Maverick guys. De Weerd: I'm sorry. Thank you. Gronbeck: Thank you. De Weerd: Council, what do you want to do? Mr. Palmer had great foresight to say let's not close the public hearing on this. Good job. Palmer: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think we have got some wise counsel. I, too, think it's a great project and is going to be wildly successful, but certain items need to be buttoned up and I think the request for additional time makes sense. One of which is the -- the billboards from the notes that I took. Not only the existing lease, but to insure that the specific provisions of the DA that you craft have the teeth necessary to insure the leases aren't renewed, they are not signed and cumbered, that there is Meridian City Council May 3, 2016 Page 69 of 81 a provision that assures their removal. I have done billboard leases. I have been involved in these matters. I have seen sign companies go bankrupt and not come and repossess their sign. Anything could happen. Probably all unlikely, but there is language that you can craft to insure their removal and to insure all of that occurs at no cost to the city. In addition to that we can address -- I think there was a question on the allocation of sign spaces. I read that application -- that available signage excluded the billboards. If one of the remarks was do we want to consider the existing billboards as part of the signage? Beach: No. Currently the signs are included in the allowed signage for the parcel. So, in order to -- in order for the Maverick to have the signs that they are going to propose for their business Council needs to make a motion that they are allowed either half of the signage or -- however you want to word that or allow that, but there needs to be some sort of -- some sort of direction from Council to allow Maverick to have the -- the allotted signage for the parcel, assuming that the billboards will stay. Does that make sense? Correct. Yeah. So, all the signage is used up currently by the billboards. Borton: Madam Mayor. When you say signs do you mean billboard signs or nonbillboard sings? Beach: Billboards are illegal signs in the city and so signage is signage. Borton: Okay. Beach: So, that signage is what's allowed. Does that make sense? So, even though they are illegal signage or they are illegal signs, the allocation for the parcel is maxed out if these signs remain. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Josh -- sorry. Thank you. Josh, just for clarification, we could just remove the billboards as part of the sign calculation? Beach: Correct. However you want to make a motion that's up to you. But, you're right, however you want to word it. But currently staff's interpretation of the code -- we don't come across this very often, obviously, is that all of the signage that that would be -- any commercial business -- any signs that they would have they wouldn't be able to because of the signs that are there, but you as Council can make a motion that they are allowed to have the signs. They wouldn't be allowed and you can exclude the billboards from that calculation. Borton: And that's the sense what I thought Council was supportive of, as far as crafting new language when it comes back. And the last one was if it's possible Meridian City Council May 3, 2016 Page 70 of 81 to define or -- the scope of the prescriptive easement as to whether or not the southern border, the 25 foot buffer or if it's a five foot landscape buffer because we know there is a prescriptive easement? Just so that's answered one way or the other. Beach: Sure. I think -- I think -- and correct me if I'm wrong -- I think that as far as the annexation is concerned, we don't typically get comments from the irrigation district. For a preliminary plat, if this were subdivided we absolutely would and they would want some sort of defined easement there for that drain, but we don't get a lot of comments on annexation, because it's kind of this moving from jurisdiction to jurisdiction without an actual project. Does that make sense? De Weerd: I think we can just call it a creek -- a creek. Creek. Whatever. And put improvements on it and maybe we will get comments. Right? Beach: More than likely. De Weerd: They probably won't be nice ones, but -- Borton: That determination isn't made as part of the annexation. I guess it's not necessary to address right now, but I think it might be from the earlier discussion, so -- certainly can craft it. De Weerd: Okay. Anything else? Any other outstanding item that we want to come back with? I think this gives the -- yes, please. Meyers: Last time I went before this body was for the Locust and McMillan. It was a Comprehensive Plan amendment. We went until midnight. We have plenty of time. First, I have a question -- and some of it I don't know enough about your city to know these answers, so I'm hoping to get them and you may or may not have it. The billboard provision, when -- when did that go into city codes? De Weerd: Boy -- Bird: When did the city -- when did we outlaw -- Meyers: Yes. Bird: I have been on 18 and a half years and I think it was outlawed before come on. And the deal is this property is county, so have had no -- we have had no jurisdiction on it. Meyers: Yeah. I was -- Meridian City Council May 3, 2016 Page 71 of 81 Bird: And -- but you -- I don't think you will find that we have allowed a billboard in at least 20 years. Milam: '78? Bird: '78. Meyers: Okay. Okay. I was just kind of wondering on that. I was hoping maybe it was more recent and, then, that would address the Councilman's concerns about people going out and putting up billboards and, then, requesting annexation. De Weerd: No. They them put up in -- on county enclaves. Meyers; Well, I know, but -- Bird: And I bet you that some of those billboards up there have been up since '78 or before. De Weerd: Oh, yeah. Bird: Absolutely. De Weerd: They have been approved certainly since then. Meyers: My understanding of your development process is that we had to come tonight, get the approval and, then, we would move to the next step, which is annexation agreement and, then, the property gets annexed. Is that the process or could we be working on the annexation agreement prior to it being annexed? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, you're -- you're primarily correct. I mean if the Council wishes to approve this project with a development agreement attached to it, which is what we are talking about, that's the normal way it happens. It gets approved. We work out the details. The uniqueness of this particular project is because of this particular issue regarding signs and how we can assure that they actually will get removed at the end of the lease period and without having reviewed those leases I have no way to assure the Council that we can create a condition that we can enforce, whether it's through -- what I want to try to avoid -- and I think we can, but I don't know that without looking at them -- is that the only method we have 11 years from now to enforce that is litigation and I don't think we are going get there, but without reviewing that I can't advise them that we can create a development agreement and I don't want to come back a month from now when we have hit an impasse, because we can't reach an agreement that's satisfactory for the city and for Maverick and we are Meridian City Council May 3, 2016 Page 72 of 81 back to square one. I think in two weeks we should at least have enough comfort level to advise the Council that we will be able to work out an agreement, but that still may take a little bit of time, but today without having reviewed those I don't have any way to give any assurance that there isn't a flexibility in the language or the ability for Maverick to do what they would like to do, too, which is to get those removed at a certain point in time and that's all I'm looking for is a little comfort level that they are what you say they are, the leases give us some ability to incorporate that into our development agreement with you, so that we don't end up having to just litigate this 11 years from now. Meyers: Sure. And I understand that. Yeah. Our -- to get back to it, I just didn't think we could start the development agreement. If we could move forward with the development agreement, see if we can get an agreement and, then, we come back, approve that, approve the annexation, Maverick is perfectly happy with going that route. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Todd, we seem to be worried about the 11 years left on the leases. I am sure that your lease with the owner exceeds 11 years -- Maverick's lease does, so it really don't matter whether we all are sitting here or not, you got a lease with the owner that will be very -- Meyers: Yes. I mean we are looking at 30 years with renewals after that. Bird: Okay. Meyers: To kind of give you a background on myself. I'm a former city planner from Idaho Falls and so I have discussed this left and right with everybody in our office and we don't -- I know you do not want to put a city council that's going to be sitting in those chairs 11 years from now, in a bad situation and so we are very understanding about that. If we can just go ahead and move to the development agreement and see whether or not we can resolve these issues -- I think there are some ways to do that. I understand the record keeping is -- is difficult, but I think some of it does have to get put back on Maverick on that and our desire for visibility. Bird: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council May 3, 2016 Page 73 of 81 Borton: I think what I hear you requesting is the same as what Council is proposing. Meyers: Yeah. I will support what Council is proposing on that. Let's see if we can work out the -- the nuts and bolts of this and, hopefully, we can keep this project moving forward. Borton: Awesome. De Weerd: Okay. I would -- Borton: Madam Mayor, just -- De Weerd: Yes. Borton: -- one last thing to echo what Councilman Palmer said at the start was a thank you. This is a challenging corner and a challenging project and I think that's a good sentiment to share trying to tackle this. That's it. De Weerd: Okay. I would entertain a motion to continue this to May 17th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we continue the public hearing on H-2016-0027 to May 17th, 2016. Milam: Second. De Weerd: I have a motion and a second. And, Mr. Bird, do you want to limit the continuance on the public hearing aspect to the items that have been discussed pertaining to the signage -- Bird: The billboards and the signage. De Weerd: -- to the billboards, the signage, and -- was there questions regarding anything on the easement along the creek? Bird: That -- and, Madam Mayor, I would -- with the motion I -- I know that our legal counsel will come back with probably not a DA, but he will have definitely an idea of what kind of DA he's going to write to make sure that the city is properly protected and I would include all that in the motion to continue and -- and I'm sure that between the two -- the applicant and our legal staff, that we can certainly come back and figure out something Meridian City Council May 3, 2016 Page 74 of 81 De Weerd: Do you want to restate your motion? Bird: No. De Weerd: Does second agree? Milam: Yes. Second agrees. De Weerd: Okay. All those in favor say aye. All ayes. Thank you. MOTION CARRIED: ALL AYES. Item 10: Department Reports A. Public Works: Budget Amendment for FY2016 in the Amount of $40,000.00 for the Construction of Test Well 32 De Weerd: Item 10-A is a department report under Public Works. I will turn this over to Warren. Stewart: Madam Mayor, Members of the Council -- I caught her before she left. I'm here tonight to present a budget amendment to you for the test well for Well 32. So, Well 32 is the second well in the pressure zone five system, which is the one out here going southwest of town. It's the -- the new pressure zone that we have got little forays out into and we are trying to get that connected and get first a supply in that pressure zone. We had a developer that donated a lot to us in the -- it was the Lee Centers Development just south -- or just to the -- yeah, south of Kentucky Ridge and we have a process for putting new wells in that's basically a three process where we drill a test well, then, we drill a production well, then, we equip the production well with all of the building and equipment and things like that that go into it. So, this is the first, essentially, step in that process where we acquire the lot, we go out and we put in a test well. On this particular lot we have a couple situations that occurred. The property that they gave us is a little bit of an odd shaped piece of property. Of course, you know, when they donate a piece of property they don't necessarily want to give you the -- the really nice square piece of ground all the time in the best location, you kind of get remnant parcels here and there and so that's kind of what we got here with this kind of an odd shaped triangular piece of parcel out in the middle of the development. So, a couple things we had to do that we don't normally do. One was to do a conceptual plan to make sure that we could fit not only the well and all of the well house and stuff on there, but also we wanted to make sure there was enough room on this site that if we had to come in and add filtration, because we couldn't find good water quality, that we had room enough to do that. So, we had a conceptual site plan done. That cost us a little bit of money that we don't always have to do. And, then, secondly, this site is out in the middle of a Meridian City Council May 3, 2016 Page 75 of 81 field, which makes access to the site a little less desirable than maybe some of the ones that are on the existing roadways and kind of to accommodate that we went ahead and built a gravel path so that they didn't sink into the ground and the mud when they were putting the well in. So, these were -- these were expenses that we -- you know, as we were looking at the cost for previous test wells and using that for budgetary purposes, because we didn't exactly know at the time we were putting this budget together exactly what we were going to get, we didn't incorporate all of these additional added expenses. So, we are in situation now where we bid that out, got a qualified driller that's ready to go and drill the test well and we are a little short of funds and so we need to come to you and request your approval for an additional 40,000 dollars in order to complete the test well for Well 32. And with that I will stand for any questions that you may have. De Weerd: Thank you. Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I just wanted to thank you for the memos before the budget amendments way ahead of time. They are fantastic. Made me a lot more comfortable when we get to the meeting. Thank you. De Weerd: Anything further? Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing no more, I move that we approve the budget amendment for FY- 2016 in the amount of 40,000 dollars for the construction of test Well 32. Borton: 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; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. B. Public Works: Approval of Award of Bid and Agreement to POST DRILLING for the “Well 32 Test Well - Meridian City Council May 3, 2016 Page 76 of 81 Construction” project for a Not-To-Exceed amount of $228,750.00. De Weerd: Okay. Item 10-B is also Warren. Stewart: Yes. Thank you, Madam Mayor, Members of the Council. This is actually the approval of the contract for the well driller to go out and drill the well and I would stand for any questions. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Warren, could you -- could you tell me -- I didn't see on here -- how many bidders did we have and what kind of a range did we get on this? Stewart: Councilman Bird, I do not know the range, but I know we had multiple bidders. Bird: Good. Okay. Stewart: At least two and I don't know if we had three. Bird: Okay. Thank you. That's -- that's all I needed. No questions? Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve and award the bid to Post Drilling for the Well 32 test well construction project for the not to exceed amount of 228,750 dollars. Borton: Second. De Weerd: I have a motion and a second to approve Item 10-B. Any discussion from Council? 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. Stewart: Thank you all very much. Item 11: Ordinances Meridian City Council May 3, 2016 Page 77 of 81 A. Ordinance No. 16-1686: An Ordinance (Tribal Fire AZ-14- 013) of the City of Meridian Granting the Annexation and Zoning of 1.44 Acres of Land to the C-G (General Retail and Service) Zoning District in the Meridian City Code. The Property is Located in Lot 1, Block 2, Rolling Hills Subdivision and Part of the Rights-of-Way Adjacent Thereto, Lying in the Southwest 1/4 of the Southeast 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; and Providing an Effective Date. De Weerd: Thank you. Ordinance 11-A is 16-1686. Madam Clerk, will you, please, read this by title. Jones: Thank you, Madam Mayor. An Ordinance AZ 15-013, Tribal Fire, for annexation and rezone of a parcel of land being Lot 1, Block 2, Rolling Hills Subdivision and part of the rights-of-way adjacent thereto, lying in the Southwest 1/4 of the Southeast 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; as described in Attachment A and annexing certain lands and territories 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 R-1 to C-G, General Retail and Service 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: You have heard this ordinance read by title. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Move we approve Ordinance No. 16-1686 with suspension of rules. Borton: Second. De Weerd: I have a motion and a second to approve Item 11-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: Motion passes. Meridian City Council May 3, 2016 Page 78 of 81 MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 16-1687: An Ordinance (TM Creek East H-2015-0018) of the City of Meridian Granting the Annexation and Zoning of 14.93 Acres of Land to the R-40 (High Density Residential) Zoning District in the Meridian City Code. The Parcel is Located in the Northwest One Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; and Providing an Effective Date. De Weerd: Item 11-B is Ordinance 16-1687. Madam Clerk, please, read this by title. Jones: Thank you, Madam Mayor. An Ordinance AZ MDA H-2015-0018 for annexation and rezone of a parcel of land located in the Northwest One Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; as described in Attachment A and annexing certain lands and territories 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- 40, High 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: Council, you have heard this by title. Do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1685 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 11-B. 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 carries. Meridian City Council May 3, 2016 Page 79 of 81 MOTION CARRIED: ALL AYES. C. Ordinance No. 16-1688: An Ordinance (Brinegar Prairie H-2015-0046) of the City of Meridian for the Annexation and Zoning of 23.46 Acres of Land with an R-8 (Medium Density Residential) Zoning District. Said Property is a Parcel of Land Located in the SW 1/4 of Section 2, Township 3 North, Range 1 West, Meridian, Ada County, Idaho. De Weerd: Item 11-C is ordinance 16-1688. Madam Clerk, will you, please, read this by title. Jones: Thank you, Madam Mayor. An Ordinance H-2015-0046, for annexation and rezone of a parcel of land located in the SW 1/4 of Section 2, Township 3 North, Range 1 West, Boise, Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories 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-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: You have heard this read by title. Do I have a motion to accept? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1688 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 11-C. 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. Meridian City Council May 3, 2016 Page 80 of 81 Item 12: Other Items De Weerd: Item 12 is other items. Not sure what other items you might have, but any other items? Palmer: Madam Mayor? De Weerd: Yes. Palmer: I don't have any. De Weerd: Well, thank you, Mr. Palmer. You're awesome. Item 13: Future Meeting Topics De Weerd: Item 13 is future meet topics. Item 14: Executive Session per Idaho State Code 74-206A (1)(a): Considering A Labor Contract Offer Or To Formulate A Counteroffer De Weerd: Fourteen, Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74- 206(a)(1)(a). Borton: Second. De Weerd: I have motion and a second to adjourn into Executive Session. 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: ALL AYES. EXECUTIVE SESSION: (9:38 p.m. to 10:27 p.m.) (Proceedings not recorded.) Meridian City Council May 3, 2016 Page 81 of 81 MEETING ADJOURNED AT 10:27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR MY DE WEERD DATE APPROVED eon,.Nrei?Au ATTEST: __ _.___.__ CP ,[ Ctt of MITDIANt- JACY JONES, CITY CL �F SEAL ti Changes to Agenda: * Item #+ Plaza(H-2016-0008) 1 t * Item #91): Bainbridge Subdivision — FP (H-2016-0039) — Applicant requests continuance to May 170 * Item OF: Volterra Subdivision — MDA (H-2016-0033) — Applicant requests continuance to May 17th Item #9E: Saint Ignatius - AZ (H-2016.0028) Application(s): ➢ Annexation & Zoning Size of property, existing zoning, and location: This site consists of 10.71 acres of land, zoned RUT in Ada County, located at 6180 N. Meridian Road. History: A property boundary adjustment was recently tentatively approved in Ada County between this property and the property to the north where the church is located. Staff recommends the ROS is recorded and final approval is granted from Ada County prior to annexation ordinance approval. Comprehensive Plan FLUM Designation: MU -C Summary of Request: The applicant requests annexation of the subject property with a C -C zoning district consistent with the MU -C FLUM designation for the development of a private school. The proposed annexation area consists of a combination of 2 parcels owned by the Roman Catholic Church; the boundaries of which will be adjusted to accommodate the proposed development on the southern parcel. The larger parcel to the north where the church is located is not included in the annexation boundary. There is an existing wireless communication facility (stealth tower) on the eastern portion of this site; no other structures exist on this site. A conceptual site plan was submitted showing how the site is proposed to develop with a 54,464 square foot private school for Kindergarten through 8th grade that is associated with the church. The school is proposed to be set back approximately 56 feet from the south property line that abuts residential properties. Exterior lighting is proposed to be directed away from the residences. Vehicular traffic and parking is oriented away from the residences on the north and west portions of the site. The proposed use is subject to the specific use standards listed in UDC 11-4-3-14 for Education Institutions, Idaho State Code requires the traffic authority, ACHD in this case, to review the application to ensure that local roads can accommodate the proposed project and that safe access to school is provided for children. ACHD has completed their initial review of the TIS & has requested the applicant address their comments prior to proceeding with their review; comments have not yet been received back from the applicant, therefore, the City has not yet received a report from ACHD. Access is proposed from one new access and one existing access to the north on the church property via N. Meridian Road; the applicant requests Council approval of a waiver to UDC 11-3A-3 for the proposed new access. A 35' wide street buffer & detached sidewalk is required along the frontage of this site on N. Meridian Road; staff recommends the sidewalk is extended off-site to the north to the existing driveway where there is no sidewalk to provide safe pedestrian access for children to the school; sidewalk exists north of the existing driveway. A 25' wide landscape buffer is required to the residential uses along the south & east boundaries of the site. There is a canal that runs along the northern boundary of this site that is required to be piped with development. A conceptual perspective drawing of the future school was submitted as shown. The building design is a single story constructed primarily of brick with modulation in the facades and roofline which will complement the design of the existing church and incorporate similar construction materials and colors. The final design of the structure is required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. Commission Recommendation: Approval Summary of Commission Public Hearing: L In favor: Tamara Thompson ii. In opposition: None iii. Commenting: None iv. Written testimony: Tamara Thompson (in agreement w/staff report) v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. Proposed new access via Meridian Road. Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. The applicant requests a waiver to the access standards listed in UDC 11-3A-3 to allow two accesses via N. Meridian Road for the site as proposed (modify condition #1.1.1.e if approved). The Commission was in favor of the applicant's request. Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0028, as presented in the staff report for the hearing date of May 3, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0028, as presented during the hearing on May 3, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0028 to the hearing date of May 3, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #9G: Meridian Property Group (H-2016-0004) Application(s): ➢ Annexation and Zoning Size of property, existing zoning, and location: This site consists of 0.63 acres of land, is currently zoned RUT (Ada County), and is located at 1139 E. Fairview Avenue. Adjacent Land Use & Zoning: 1. North: Commercial Properties, zoned C -G 2. East: Touchstone Place Apartments shared driveway and an animal care facility, zoned R-15 and C -G 3. South: Touchstone Place Apartments, zoned R-15 4. West: Commercial business, zoned C2 in Ada County. History: In 2001, a portion of the subject property (1065 E. Fairview Ave.) was annexed and zoned C -G with plans to develop the property with a medical office. A development agreement was required as a provision of annexation however; the applicant at the time never initiated a DA. In 2008, a certificate of zoning compliance (CZC-08-010) was denied by the Director. The applicant filed a City Council Review application (AP -08-005) in which Council required the execution of a recorded development agreement prior to any CZC approval. The DA recorded as Instrument #109134178. In 2010, a certificate of zoning compliance (CZC-10-017) was approved to develop the existing C -G zoned portion of the site with a vehicle sales facility. Comprehensive Plan FLUM Designation: Commercial Summary of Request: The applicant proposes to annex 0.63 acre of land (1139 E. Fairview Ave. parcel) with a C -G zoning district consistent with abutting property (1065 E. Fairview Ave. parcel) owned by the applicant. The C -G zoning district would allow the applicant to construct a vehicle sales facility as depicted on the proposed concept plan. The future use of the property is a principally permitted use in the C -G zone. Except for the residential use along the south and east boundary, the subject property is primarily surrounded by commercial development, zoned C -G. A 25 -foot wide street buffer is required along E. Fairview Avenue. A 25 foot landscape buffer is also required adjacent to the residential uses to the south and against the drive aisle to the east. The applicant requests Council waiver to reduce the landscape buffer along the southern border of the proposed development due to the recent completion of Touchstone Place Apartments project which abuts the subject property on the south and west boundary, The UDC requires a 25 foot landscape buffer when commercial developments abut residential uses. However, with the development of the Touchstone Place Apartments, the applicant for the project constructed open space, constructed a 6 -foot tall solid wood fence and provided increased building setback along the shared boundary in anticipation of the proposed commercial development. Further, a landscape buffer is currently constructed along the east boundary. In discussions with staff, the applicant has indicated their desire to purchase Lot 22, Block 1 of the Touchstone Place Subdivision and use this property as the required landscape buffer along the existing drive aisle for Touchstone Place. Staff is of the opinion that the applicant should construct a minimum of a 10 -foot landscape buffer adjacent to the building, and a 5 -foot landscape buffer that would be adjacent to the open space for Touchstone Place. With development of the property, the applicant proposes to utilize the existing cross access driveway to the east constructed with the Touchstone Place Apartments, as well as, an access from 1065 E. Fairview, and to close the current access from 1139 E. Fairview. The applicant also proposes to provide cross access to 1035 E. Fairview Ave property to the west. Conceptual building elevations for the future building were submitted by the applicant. Building materials depicted on the plans for the building include brick, stucco and a glass storefront. Staff supports the applicant's proposal to orient the garage doors away from major arterial, E. Fairview Ave. The future building on this site shall generally comply with the submitted elevations, including but not limited to, the design standards set forth in City of Meridian Architectural Standards Manual (ASM). A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the car dealership. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). Written Testimony since Commission Hearing: None Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Kevin Amar ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons Key issue(s) of Public Testimony: i. None Key Issues of Discussion by Commission: L Width of the landscape buffer adjacent to Touchstone Place Apartments ii. Location of the driveway along Fairview Ave. Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0004, as presented in the staff report for the hearing date of May 3, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0004, as presented during the hearing on May 3, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0004 to the hearing date of for the following reason(s): (You should state specific reasons) for continuance.) Item #9H: Kenners Subdivision - PP (H-2016-0018) Application(s): ➢ Annexation and Zoning ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 1.28 acres of land for the preliminary plat, 0.231 acres of which is currently zoned R-8, and 0.932+/- acres of land as part of the requested annexation, currently zoned RUT, located east of N. Locust Grove Road on the north of E. Fairview Ave. Adjacent Land Use & Zoning: 1. North: Wingate Place Subdivision No. 2, zoned R-8 2. East: Wingate Place Subdivision No. 2, zoned R-8 3. South: Dove Meadows Subdivision No. 2, zoned R-8 4. West: Mirage Meadows Subdivision, zoned R-4 History: The 0.231 acre parcel (Parcel # R9467180240) was annexed and zoned in 1993 as Lot 23, Block 1 of Wingate Park Subdivision, an 18.8 acre, 74 lot single family residential subdivision. In 1996, parcel # R9467180240 was approved with Wingate Subdivision No. 2. Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant has applied to annex and zone a total of 0.932 acres of land with an R-8 zoning district. The proposed zoning is generally consistent with the corresponding FLUM designation of MDR. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Because the property is developing consistent with the surrounding properties, staff is not recommending a development agreement with the subject application. The applicant has submitted a concurrent preliminary plat that consists of 8 building lots and 1 common lot on 1.28 acres of land in an R-8 zoning district. The proposed gross density of the subdivision is 6.25 dwelling units per acre with a net density of 8.10 dwelling units per acre, generally consistent with the R-8 zoning district. Note: In 1996, a portion of this property (excluding the one (1) acre parcel # S1105315380) received plat approval as part of Wingate Subdivision No. 2. The subject lot is being re -platted from a single lot into two (2) lots as part of the proposed development. The lots range in size between 5,001 square feet (s.f.) and 6,215 s.f. The average lot size is 5,374 s.f. The proposed plat exceeds the minimum lots size requirements (4,000 s.f.) for the R-8 zoning district. The subdivision will take access from via two (2) existing stub streets, E. Oakcrest Drive, and N. Dixie Ave. The existing property may have the right to use N. Dixie Lane to access the property, so prior to signature on the final plat, the applicant shall provide proof that any right to access N. Dixie Lane has been relinquished. Lots 3, 4, 5, and 6 of Block 2 take access from a common driveway. The subject property abuts a 30 -foot wide common lot (Lot 1, Block 6) platted with Wingate Place Subdivision No. 2 on the west boundary. With the development of the storage facility, generally south of the proposed development, a multi -use pathway was constructed along the east boundary of the facility that provides pedestrian connectivity to the Fred Meyer shopping center. Staff is of the opinion that pedestrian connectivity could be enhanced in the area if the applicant constructs a 10 -foot asphalt pathway within the abutting common lot (approximately 100 linear feet). Staff encourages the applicant to coordinate with the Wingate Place No. 2 HOA on the construction and maintenance of multi- use pathway in Lot 1, Block 6. There is an existing home and associated outbuildings on the site that will be removed as part of this development. Kouba Homes plans to construct single-family homes using a variety of styles and materials. (see elevations in Exhibit A.3). Staff is supportive of the elevation proposed with the development of the subdivision. Written Testimony since Commission Hearing: None Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Pat Tealey ii. In opposition: None iii. Commenting: Susan Chamblee iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None Key issue(s) of Public Testimony: i. Hours of construction ii. Increased traffic Key Issues of Discussion by Commission: i. This being a infill piece in an established neighborhood Commission Change(s) to Staff Recommendation: L None Outstanding Issue(s) for City Council: i. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0018, as presented in the staff report for the hearing date of May 3, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0018, as presented during the hearing on May 3, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0018 to the hearing date of for the following reason(s): (You should state specific reasons) for continuance.) Item #91: UDC Text Amendment (H-2016-0024) Application(s): ➢ UDC Text Amendment Summary of Request: The applicant is requesting approval of a UDC text amendment to update section 11 -3G -3A of the Unified Development Code (UDC). Specifically, the requested change is to reduce the percentage'of required open space to five percent (5%) for a residential development that is composed entirely of lots in excess of 16,000 square feet (see Exhibit A). As mentioned above in the history section, the applicant recently received approval to develop the Birkdale Estates Subdivision. At the time the application was submitted, the City was in the process of proposing an update to the same section of code the applicant is proposing to modify. Staff recommended a reduction to common open space based on the following criteria: 1. Residential lots had to be average of 10,000 square feet or more; or 2. The development had to bewithin a quarter (1/4) mile of a City regional park or an eighth (1/8) of a mile of a City community park. The applicant was aware of this proposed change and proposed 6.6% open space for the development contingent upon the City's approval of the text amendment. That portion of the amendment was not approved by Council and subsequently the project was approved to comply with the common open space ordinance in effect at the time of final plat approval. The applicant has elected to pursue modifying the ordinance rather than comply with the current open space standards thus; a final plat application has not been submitted to the City for review or approval. The primary difference between the two (2) proposals is the applicant's proposal specifies a minimum lot size which staffs proposal did not. Further, staffs recommendation included a minimum proximity of the development in relationship to a regional and/or community park. Staff supports the applicant's proposal and has analyzed the request with other provisions in the UDC to ensure the proposed change does not conflict with other sections of the code. Based on this analysis, Staff has concluded that this change will not affect any other sections of the UDC. Written Testimony since Commission Hearing: None Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Jeremy Garner ii. In opposition: Robert Neilson, Joann St. Charles, iii. Commenting: Susan Chamblee iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons Key issue(s) of Public Testimony: i. Concerns about reducing the amount of useable open space required for these large lots on a city-wide basis ii. Concern that currently the street landscape buffer can be included in the open space calculations Key Issues of Discussion by Commission: i. Concern that currently the street landscape buffer can be included in the open space calculations Commission Change(s) to Staff Recommendation: L Modify the proposed text as shown in Exhibit A. Outstanding Issue(s) for City Council: i. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0024, as presented in the staff report for the hearing date of May 3, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0024, as presented during the hearing on May 3, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0024 to the hearing date of for the following reason(s): (You should state specific reasons) for continuance.) Item #9J: Maverik (H-2016.0027) Application(s): ➢ Annexation and Zoning Size of property, existing zoning, and location: This site consists of 3.907 acres of land, is currently zoned C2 (Ada County), and is located at 1515 E. Fairview Avenue. Adjacent Land Use & Zoning: 1. North: E. Fairview Avenue and commercial property zoned C -G 2. East: N. Locust Grove Road, commercial property and vacant property, zoned C -G and RUT in Ada County 3. South: Single-family residential homes in the Keziah Subdivision, zoned R-40 4. West: Developed commercial property, zoned C -G History: None Comprehensive Plan FLUM Designation: Commercial Summary of Request: The applicant has applied to annex and zone a total of 3.907 acres of land with a C -G zoning district. As discussed above in Section VII, the proposed zoning is generally consistent with the corresponding FLUM designation of Commercial. The applicant proposes to develop a convenience store and fuel sales facility and future commercial building on the site. A concept plan is included in that shows how the site is proposed to develop with two (2) commercial buildings (5,046 sq. ft. and 4,339 sq. ft.) convenience store, fuel sales facility and associated parking. The south half of the development is slated for future development and the proposed concept plan is only a graphic representation for the how the site could develop in conjunction with the Maverik store. In accord with UDC 11-2B-3, business hours of operation within the C -G zoning district are limited from 6 am to 11 pm when the property abuts a residential use or district. Because a residential use abuts the site at the south boundary, business hours are limited to those stated. Extended hours of operation may be requested through a CUP. Nonconformities associated with the site: Billboards: Currently, the site is developed with four (4) billboards signs (off premise signs) approved in the County. Under the City's ordinance this signs are prohibited and deemed illegal and must be removed within 60 days of annexation into the City. The applicant has requested that Council allow three (3) of the existing billboards to remain on the site to carry out the remainder of the existing lease, which is eleven (11) years. Vehicle Wrecking or Junk Yard: The junk yard use is a prohibited use in the C -G zoning district. Staff recommends that this use cease within 60 days of annexation into the City. Fencing: The site is currently surrounded by steel fencing. This material is not allowed to be used as fencing material per UDC 11-3A-7 and must be removed within 60 days of annexation into the City. Landscaping: Currently, the site does not meet the landscape standards set forth in UDC 11-3B. Because this property is slated for redevelopment, any new development proposed for the site must comply with all of these standards. Because this property is a single parcel, the applicant will be responsible installing the entire perimeter landscaping (e.g. 25 -foot wide landscape buffers along Fairview Ave., N. Locust Grove Road and the southern boundary) with the first phase of development. A landscape plan was not submitted as part of this application, however; all landscaping should comply with the standards listed in UDC 11-3B. A 25 -foot wide street buffer is required along N. Locust Grove Road and E. Fairview Avenue which are both considered arterial roads, as well as along the southern boundary adjacent to the R-40 zoning district to the south (Keziah Subdivision). All landscape buffers are required to be landscaped in accordance with UDC 11 -3B -7C. If desired, the applicant can request Council waiver to reduce the 25 foot landscape buffer along the south. Due to the existing waterway along the south boundary there is a good chance that there is an existing irrigation easement along said boundary. Code allows a 5 -foot wide landscape buffer width outside of the easement where the buffer is encumbered by easements or other restrictions. The property currently takes access from two (2) existing access points onto N. Locust Grove Road and one (1) onto E. Fairview Avenue. Staff supports of the applicant's request to have one right -in, right -out access to N. Locust Grove in alignment with E. Wilson Lane. With development of the property, the applicant proposes to utilize the existing cross access driveway to the west constructed with the Intermountain Outdoor Subdivision (PP -07-003), and will utilize a shared driveway with 1375 E. Fairview, AVE. No direct access to E. Fairview with the redevelopment of the site. The UDC restricts direct access to arterial roadways such as N. Locust Grove and E. Fairview Avenue. ACHD supports the two (2) proposed accesses onto N. Locust Grove Road. UDC 11-3A-3 requires the applicant to seek Council's approval of the other access to Locust Grove Road. A minimum 5 -foot wide detached sidewalk is required adjacent to E. Fairview Avenue, and around all buildings as well as those serving public streets in accord with UDC 11 -3A -17C. Locust Grove Road has an existing attached sidewalk. If additional right-of-way is needed by ACHD adjacent to N. Locust Grove Road, the applicant shall construct a 5 -foot wide detached sidewalk on N. Locust Grove Road. Conceptual building elevations for the future building were submitted by the applicant. Building materials depicted on the plans for the building include stone veneer, rough sawn timber, and board and batten. The future building on this site shall generally comply with the submitted elevations, including but not limited to, the design standards set forth in City of Meridian Architectural Standards Manual (ASM). In summary staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive plan and the UDC with the conditions of approval listed in Exhibit B. Based on the aforementioned analysis, staff recommends approval of the subject application. Written Testimony since Commission Hearing: None Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Todd Meyers ii. In opposition: None iii. Commenting: David Gronbeck iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons Key issue(s) of Public Testimony: i. None Key Issues of Discussion by Commission: i. The number of access points on Locust Grove ii. Timing of removal of the billboards iii. Mechanism for the city to track the removal of the billboards if the property is annexed with them iv. Possibility of requiring the applicant to bond for the removal of the signs so tht there is more of an incentive to remove them once the leases are up. v. When would the landscaping for he southern portion of the property be installed if only the northern portion of locust grove and Fairview's landscape buffer is installed now? Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1 F (See condition 1.1.1 F for changes) ii. Add condition 1.1.1 L (See condition 111M for changes) iii. Modify condition 111C (See condition 1.1.1C for changes) iv. Remove condition 1.1.1J v. Add condition 1.1.1M (See condition 1.1.1M for changes) e. Outstanding Issue(s) for City Council: i. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0027, as presented in the staff report for the hearing date of May 3, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0027, as presented during the hearing on May 3, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0027 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Minutes of April 19 Approve Minutes of April 19, 2016 City Council Meeting DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: 6B PROJECT NUMBER: MDA -14-013 ITEM TITLE: Development Agreement for Clarence McLain Development Agreement for Clarence McLain, Tribal Fire (MDA -14-013) located on the north side of E. Overland Road, east of S. Topaz Avenue in the southeast 1/4 of section 16, Township 3 North, Range 1 East MEETING NOTES 01M 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 2016-037779 BOISE IDAHO Pgs=11 BONNIE 05/04/2016 10:33 AM MERIDIAN CITY NO FEE 1111111111111111111111111 II 11111111111111111 I "II 00221299201600377790110117 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Clarence McLain, Tribal Fire Systems, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 44= day of km , 2016, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Clarence McLain, Tribal Fire Systems, whose address is 287 W. Shortline, Suite 101, Kuna, Idaho 83634, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 1.44 acres of land from the RI zoning district in Ada County to the C -G (General Retail and Service) zoning district described in Exhibit "A" under the UDC, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer 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 1.6 WHEREAS, the record of the proceedings for the requested annexation on the Property held before the Planning & Zoning Commission, and DEVELOPMENT AGREEMENT — TRIBAL FIRE (MDA — 14-013) PAGE 1 OF 9 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 30th day of December, 2014, 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 Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer 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 Owner/Developer 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 of this 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 of Meridian 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 OWNER/DEVELOPER: means and refers Clarence McLain, Tribal Fire Systems, whose address is 287 W. Shortline, Suite #101, Kuna, ID 836341. the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. DEVELOPMENT AGREEMENT- TRIBAL FIRE (ARIDA-14-013) PAGE 2 OF 9 3.3 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 General Commercial District (C -G) 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 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. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 The development of this property shall comply with the concept plans and the building elevations in Exhibit A of the Findings of Fact and Conclusions of Law in the attached Exhibit B. Future development of the site shall be consistent with the design standards in UC 11-3A-19 and the guidelines in the Meridian Design Manual. 5.1.2 Hours of operation shall be restricted from 6am to 11 pm in accord with UDC 11-213-3A.4. 5.1.3 Development of the subject property shall comply with the C -G standards listed in UDC 11-2B-3. The only uses allowed on the subject property are as follows: a. Flex Space; b. Retail Sales; C. Professional and personal service; and d. Office. 5.1.4 Future development of the site shall comply with the ordinances in effect at the time of the development. 5.1.5 Direct access to/from the site via E. Overland Road is prohibited in accord with UDC 11-3A-3. Cross -access shall be granted and constructed to the property to the west (parcel #S1116347191) for future interconnectivity. With the change of use from flex space to any other allowed use noted in provision 5.1.3 above, the accessory outdoor storage shall cease, for the purpose of providing cross access with the adjacent property. A recorded copy of the cross -access agreement shall be provided with the Certificate of Zoning Compliance application. DEVELOPMENT AGREEMENT — TRisAL FmE (MDA —14-013) PAGE 3 OF 9 5.1.6 Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for a building permit. 5.1.7 The owner/developer shall comply with the accessory outdoor storage standards set forth in UDC 11-3A-14. The proposed fencing adjacent to E. Overland Road shall incorporate the decorative block pilasters to match the building design as proposed. 5.1.8 The owner/developer shall submit an alternative compliance application to allow the Overland Road landscape buffer to be measured from the face of curb. The owner/developer shall construct a 17 -foot wide landscape buffer on the north boundary and landscape the buffer in accord with UDC 11-313- 9C. 6. COMPLIANCE PERIOD This Agreement must be fully 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 Owner/Developer's default of this Agreement, Owner/Developer 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 Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer 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. Owner/Developer reserves 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 Owner/Developer, 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 DEVELOPMENT AGREEMENT - TRIBAL FIRE (MDA -14-013) PAGE 4 OF 9 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 Owner/Developer 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 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 Owner/Developer 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: Owner/Developer 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 Owner/Developer, 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 Owner/Developer agrees 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 Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. DEVELOPMENT AGREEMENT - TRIBAL FIRE (MDA - 14-013) PAGE 5 OF 9 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: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Clarence McLain, Tribal Fire Systems 287 W. Shortline, Suite#101 Kuna, Idaho 83634 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 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 Owner/Developer, 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 Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its 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. DEVELOPMENT AGREEMENT - TRIBAL RRE (MDA -14-013) PAGE 6 OF 9 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each parry shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 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 Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer 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 connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT- TRIBAL FIRE (NIDA -14-013) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Tribal Fire Systems By: �t Clarence &ain DEVELOPMENT AGREEMENT- TRIBAL FIRE (NIDA- 14-013) PAGE 8 OF 9 STATE OF IDAHO ) ss: County of Ada, ) On this AeS_ day of r-• , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Clarence McLain, known or identified to me to be the of Tribal Fire Systems, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. JESSICA MARIE MAXWELL Notary Public State of Idaho STATE OF IDAHO ) ss County of Ada ) .� otary Public for Idaho Residing at: k ung��_ My Commission Expires: - On this day of A� , 2016 before e, a Notary Public, personally appeared Tammy de Weerd and J*yee . , 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. (S •ENE �••. A)? Lhdaxy oe�� Notary Public f9 Idaho Residing at: I.QIl{Aa,,D Commission expires: 3 • a, `2.O Q44 - DEVELOPMENT AGREEMENT - TRIBAL FIRE (MDA -14-013) PAGE 9 OF 9 EXHIBIT A Exhibit A.3: Legal Description and Exhibit Map for Annexation FOX Land Surveys, Inc. 1515 South Shoshone St, A Boise Idaho A 83705 A 208.342-7957 A 208-342-7437 FAX LOT 1, BLOCK 2, ROILING HILLS SUBDIVISION, AND PART OF THE RIGHTS-OF-WAY ADJACENT THERETO, LYING IN THE SOUTHWEST % OF THE SOUTHEAST I/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO Lot 1, Block 2, Rolling Hills Subdivision and Part of the Rights -of -Way Adjacent thereto, Lying in the Southwest 1/4 of the Southeast'/ of Section 16, Ada County, Idaho, more particularly described as follows; A. COMMENCING at the found Brass Cap Monument marking the South Quarter Corner of Section 16, the POINT OF BEGINNING; B, thence along the North-South Center Line of Section 16, also being the westerly boundary of Roiling Hills Subdivision, North 0005'23" West, a distance of 186.83 feet to a set 5/8 inch rebar with plastic cap stamped "FLSI PLS 13934" marking the northwest corner of Lot 1; C, thence along the common boundary of Lots 1 and 2 and the easterly prolongation thereof, South 89°12'44" East , a distance of 335.73 feet to its intersection with the Center Line of Rolling Hills Drive; D. thence along said Center Line, South 00005'24" East, a distance of 186.76 feet to its intersection with the southerly boundary of Section 6; E, thence along said boundary, North 89013'28" West, a distance of 335.73 feet to the POINT OF BEGINNING. Containing 62,706 square feet more or less. Any modification of this description shall render it void. Refer to the Attached Exhibit titled, "ANNEXATION EXHIBIT". Fox Land Surveys, Inc. Thomas A. Judge, Project Manager, PLS 13934 r • a - 01 TAJ:taj W:\I'R0J1:(' (:S\2014\1+16 Tit IUAL.PIt,HPlto.1\1:1.51 I)OCS\1)IiSC'RIP"I'IONS\1 ddb-ANNI_X-Dl-sC'.[)OCX Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 14 n h7 O� C o toto v (TJ N C) EXHIBIT A ----------------- N�,O 00°05'23"W 186.83' ., I I ( I 1 I I I I I I I L O r � I i U)Z Wz> z�o :00 'm u,noor I I I O ccqj I rm- WCO A — —-- —— t -n6Ei —� -- -- —— M2 oTTr7O I m* W mc)-<= c I I I ;z I I o�� Homo is o o _z i I o� I I I I I I i 800°06'24"E 186.76' ROLLING HILLS DR. Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 15 Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: 6C PROJECT NUMBER: H-2015-0018 ITEM TITLE: Development Agreement for TM Creek East Amended Development Agreement for TM Creek East AZ, MDA (H-2015- 0018) with SCS Brighton, LLC located in the Northwest One Quarter of Section 14, Township 3 North, Range 1 West 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 20� 6-X3%7%7 BOISE IDAHO Pgs=9 BONNIE 05/04/2016 10:33 AM MERIDIAN CITY NO FEE II'IIII�III"II �('I'�IIII II "III IIII ()I�III III SII 00221297201600377770090091 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. SCS Brighton, LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of &, 2016, ("ADDENDUM"), by and between City of Meridian, a municipal corpo ation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and SCS Brighton, LLC, ("OWNER/DEVELOPER"), whose address is 12601 W. Explorer #200, Boise, Idaho 83713. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on June 12, 2014 in the real property records of Ada County as Instrument No. 114045759 ("DEVELOPMENT AGREEMENT"). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. 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, except as specifically amended as follows: The 14.93 acres referred to in Exhibit (attached) shall also be bound by the terms of the original Development Agreement (Instrument # 114045759) as well as this Addendum. 5. CONDITIONS GOVERNINGDEVELOPMENT OFSUBJECTPROPERTY.- 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: Owner/Developer Requirements: a. Direct lot access via S. Ten Mile Road and W. Franklin Road, both arterial streets, is restricted per UDC 11-3A-3. ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 1 of 7 b. Direct lot access via Franklin Crossing Avenue and Ten Mile Creek Drive, both collector streets, is restricted per UDC 11-3A-3. c. Franklin Crossing Avenue shall initially be constructed in accord with the proposed street sections shown in ExhibitA.2 of the attached Findings and Staff Report. Future reconfiguration of the street may occur, if warranted by ACHD, in accord with the aforementioned street section. d. The existing temporary attached asphalt sidewalk along Ten Mile Road shall be removed and a detached 10 foot wide pathway shall be constructed along S. Ten Mile Road some distance from the roadway in accord with the Master Pathways Plan and Street Section A shown in the Ten Mile Interchange Specific Area Plan (TMISAP). e. A minimum 14 foot wide public pedestrian easement for the multi -use pathways on the site shall be submitted to the Planning Division, approved by City Council and recorded prior to signature by the City Engineer on the first final plat. f. The Ten Mile Creek shall remain open and be protected during construction except for approximately 380 feet of the creek nearest to Franklin Road which may be piped, as approved by City Council, contingent upon approval by the Army Corps of Engineers and Nampa Meridian Irrigation District. g. A cross-access/ingress-egress easement shall be granted between properties and to adjacent properties via a note on the plat andlor a separate recorded agreement prior to signature on the final plat by the City Engineer. h. Street lights at a pedestrian scale shall be installed within the tree lawn area along S. Ten Mile Road and Ten Mile Creek Drive, the east/west collector, in accord with the TMISAP. i. Pedestrian scale lighting shall be installed along Franklin Crossing Avenue, the north/south collector street, in accord with the TMISAP. j. Most buildings along S. Ten Mile Road should address the street by being built to the street buffer with windows overlooking the pathway to provide security to the pedestrians and bikes on the pathway in accord with the TMISAP. k. Buildings along Franklin Crossing Avenue north of the creek should be built to the sidewalkwith street trees in wells and street -level store fronts, in accord with the TMISAP. 1. Buildings along Ten Mile Creek Drive shall be set back from the street at some distance behind a detached sidewalk; a tree lawn area should be provided in all areas, in accord with the TMISAP. A minimum 20 foot wide street buffer shall be provided in accord with UDC Table 11-2B-3 and landscaped in accord with the standards listed in UDC 11 -3B -7C. in. A 5 -foot wide dry -utilities corridor should be provided along both sides of the street curb along Ten Mile Creek Drive and Franklin Crossing Avenue in accord with the TMISAP unless utilities are located in the street, or as otherwise approved. ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 2 of 7 n. All structures within the TN -C zone adjacent to Franklin Crossing Avenue north of the Ten Mile Creek shall be a minimum of two stories in height in accord with UDC 11-2D-5 and the design elements contained in the TMISAP. o. Future development of this site shall be generally consistent with the conceptual site plan, building elevations, and landscape plan submitted with this application included in Exhibits A. 3, A.4, and A. S of the attached Findings and the conditions in the StaffReport. The site shall develop with a mix of office, commercial and residential uses as proposed. p. Future development of the site shall be consistent with the design elements contained in the TMISAP, the design standards listed in UDC I1 -3A-19, and the guidelines contained in the Meridian Design Manual. q. For streets & block fronts where commercial uses and pedestrian activity are most desired north of the Ten Mile Creek, it is recommended that sidewalks be lined with shops, restaurants, offices and galleries and that buildings be designed with multiple sidewalk entries where feasible, generously -scaled display and transom windows, pedestrian scaled signs and banners, and awnings or canopies for sun shading; r. Sidewalks shall be provided internally along one side ofall major drive aislesfor pedestrian connectivity within the development in accord with the plan in Exhibit A. 7 of the attached Findings and Staff Report. s. A pedestrian crossing over the Ten Mile Creek shall be provided as part of the creek amenity if approval can be obtained from Nampa Meridian Irrigation District. A 10 foot wide multi -use pathway is required to be constructed along the southwest side of the Ten Mile Creek on the portion of the site that is west of Franklin Crossing Avenue; and along the north side of the creek on the portion of the site that is east of Franklin Crossing Avenue. A crosswalk shall be provided across Franklin Crossing Avenue where the pathway crosses the street. The pathway(s) shall be constructed in accord with the Pathways Master Plan. Landscaping on either side of the pathway is required in accord with the standards listed in UDC 11-3A-8 and 11 -3B -12C. u. The R-40 zoned portion of the side shall develop with multi family residential uses and shall obtain conditional use permit approval prior to development. The overall average density target should be at least 16-25 dwelling units per gross acre. Design and orientation of buildings should be pedestrian oriented with special streetscape improvements to create rich and enjoyable public spaces. A strongphysical relationship between the commercial and residential components to adjacent employment or transit centers is critical. v. A portion of this site along Ten Mile Creek is located within the Meridian Floodplain Overlay District. Prior to any development occurring within the Overlay District the applicant is required to submit, and the City shall review and approve, a floodplain development application which includes the necessary ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 3 of 7 analysis and documents under MCC Title 10, Chapter 6, including hydraulic and hydrologic analysis. w. The subject property shall be subdivided prior to issuance of any building permits for the site. x. The developer shall obtain a license agreement from Nampa & Meridian Irrigation District (NMID) for landscaping within the street buffer required along W. Franklin Road as it will be likely be within the Vaughn Lateral right-of- way which is owned in fee by NMID. Business Owner/Tenant Requirements: y. Business hours of operation in the C -G district shall be limited f om 6:00 am to 11: 00 pm when the property abuts a residential use or district. Extended hours of operation may be requested through a conditional use permit (UDC 11-2B-3). z. A Certificate of Zoning Compliance and Design Review Application are required to be submitted to the Planning Division for approval prior to issuance of building permits to ensure compliance with UDC standards, guidelines in the Meridian Design Manual, and the TMISAP. aa. Traditional neighborhood design concepts with a strong pedestrian -oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. At a minimum, the following design elementsfrom the TMISAP shall be incorporated into the development: Signs should be designed to contribute to the overall character, identity and way finding system. Signs should be compatible with the architecture of the buildings and businesses they idents in colors, materials, sizes, shapes, and lighting. ii. Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open their doors & street f ont windows & use clear glass that allows visual access inwards & outwards; iii. Human -scale design by building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the 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 Owner/Developer 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 ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 4 of 7 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 have 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 Owner/Developer 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 Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this 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. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 5 of 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: SCS Brighton, LLC By Brighton Corporation, Manager By: AIA�— Blake R. Alder, President CITY OF MERIDIAN a r a y de Weerd ATTEST: o�10 PYEDAU���T C'ilt'uf E IDIAN faycee-E n, City Clerk m. 'bA#4o S EAL o TREASV��\P ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 6 of 7 STATE OF IDAHO ) ss: County of Ada, ) On thisday ofA1 , 2016, before me, the under ed, a Notary Public in and for said State, personally appeared 1 �-� eA , known or identified to me to be the /6ji (e,„ MmMrof SCS Brighton, LLC, 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. Ji STATE OF IDAHO ) ss County of Ada ) N` ot4ry Public fo1'ldaho Residing at: My Commission Expires: z jA On this 3 / day of pJ , 2016, before m, a Iotary 0.Gy '3, � Public, personally appeared Tammy de Weerd and ,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. (SEAL) N.g'LE�• - ••'f)F IllP►'0••• Notary Public for Idaho Residing at: Commission expires: rCg0 al -- ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 7 of 7 (S U IH ~9 di k 0 1"4Da d0 Q F STATE OF IDAHO ) ss County of Ada ) N` ot4ry Public fo1'ldaho Residing at: My Commission Expires: z jA On this 3 / day of pJ , 2016, before m, a Iotary 0.Gy '3, � Public, personally appeared Tammy de Weerd and ,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. (SEAL) N.g'LE�• - ••'f)F IllP►'0••• Notary Public for Idaho Residing at: Commission expires: rCg0 al -- ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 7 of 7 EXHIBIT A Legal Description & Exhibit Map for Annexation & Zoning Boundary September 17, 2015 Project No. 115055 1� THU LAND t,noVr, INC. Exhibit "A" TM CREEK EAST ANNEXATION/ZONING DESCRIPTION A parcel of land located In the Northwest One Quarter of Section 14, Tnwnshlp 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more -particularly described as follows: Commencing and the Northwast Carner of Section 14 of sold Township 3 North, flange 1 West; Thence South 139'09'27" East, a distance of 1577.99 feet on the Northerly Section Line of said Section 14 to the POINT OF BEGINNING; Thence South 00"34'31" West, a distance of 704.71 feet; Thence South 89'51'28" West, a distance of 249.02 feet to a point on the north -south 1/16 th Section Line of the Northwest Ona Ctuarter of said Section 14; 'Thence5outh 00'34131" West, a distance of 120.00 feet on said north -south 1/16 th Section tine; Thence North 89'5:1'28° East, a distance of 249.02 feet; Thence South 00'34'31" West, a distance of 504.02 feet to a point on the east.west 1/16 th Section Llne of the Northwest One Quarter of said Section 14; Thence South 89'10'27" East, a distance of 466.94 feet on the east -west 1/16 th Section Line of the Northwest One Quarter of sold Section 14; Thence North 00'34'31' Fast, a distance of 1328.61 feet to a point on the Northerly Section Line of said Section 14; Thence North 89'09'27" West, a distance of 466.93 feet on the Northerly Section Line of said Section 14 to the pointof beginning. The above described parcel contains 14,93 acres more or less. PREPARED BY: THE LAND GROUP, INC, James R. Washburn Site Planning- LsndscapeArchitecture -Civil Eriginaering • Golf Course irriahtlon & Engineering • Graphic design • survayine 4621. Shoro Drive, Sulte 100 • Eagle, Idaho 83616 - P209,939.4041- twAvAheiandgroupinc.com EXHIBIT A S.td S.11 S99°09'27'E 1'577.99' S,15 / 5.14 —SFR-A'N�K-L-IN ROAR N59°0 d27W 466.93' NORTHWEST CORN 81Z SEC17phJ 1A t 1 I I rh rpI F�1 W ! w m J � � (� �I z t PARGELI ANNEXATfONONING AREA ! AREAa:t 14.95 ! tW"E 249,02' ' r r a M °1.0`2PE 444,941 y� tis k 7880 y rqr OF_�gP�Q , �it..tvnst�`� ' a zea •kM Exhibit". .Mule.... ! W THE LAND��z�i�un Tib CREEK EAST y.� 0±[�stYvitdh,"�a7 uryiilF ��4 iN}41Uk6 bS61L j�'j�, i/��] v��y rp��t Lp1a veae3Gbfi}?a011+ttki9S9K,�ti6 ANNEX'=TION'lwR�NING MUM" IDAIIO Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: 6D PROJECT NUMBER: H-2015-0046 ITEM TITLE: Development Agreement for Brinegar Prairie Development Agreement for Brinegar Prairie (H-2015-0046) with Heartland Townhomes Property Management located at 2220 N. Ten Mile Road on the east side of N. Ten Mile Road, north of W. Cherry Lane, in the SW 1/4 of Section 02, Range 1 W. CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016.037778 BOISE IDAHO Pgs=36 BONNIE 05/04/2016 10:33 AM NO FEE MERIDIAN CITY 11111111111111IIIit11lillII11111l111III1 IIl 111III 00221298201600377780360368 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Heartland Townhomes Property Management, LLC, Owner/Developer 4,�, THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 3 _ day of A q 2016, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Heartland Townhomes Property Management, LLC, whose address is 2358 S. Titanium Place, Meridian, Idaho 83646, hereinafter called O"ER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property,; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the Annexation and Zoning of 23.46 acres of land with a R-8 (Medium Density Residential) zoning districts (as described in Exhibit "A"), under the Unified Development Code; and 1.5 WHEREAS, Owner/Developer represented at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, that it had not determined how the Property will be developed and what improvements will be made except as generally described herein; and 1.6 WHEREAS, the record of the proceedings for the requested annexation, comprehensive plan future` land use map amendment and rezoning of the Property held before the Planning & Zoning Commission, and subsequently DEVELOPMENT AGREEMENT—BRINEGAR PRAIRIE H-2015-0046 PAGE 1 OF 8 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 12'h day of April, 2016, 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 Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and rezoning; and 1.9 WHEREAS, Owner/Developer 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 Owner/Developer 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 of this 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 of Meridian 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 OWNER/DEVELOPER: means and refers to Heartland Townhomes Property Management, LLC, whose address is 2358 South Titanium Place, Meridian, Idaho 83646, the owner of said Property and shall include any subsequent owner/developer(s) of the Property. DEVELOPMENT AGREEMENT-BRINEGAR PRAIRIE H-2015-0046 PAGE 2 OF 8 3.3 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" 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. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and three (3) amenities and conceptual building elevations submitted with this application included in Exhibit A of the Findings of Fact and Conclusions of Law and attached Staff Report, attached hereto as Exhibit `B". b. Because several of the lots front on arterial or collector streets, all of these homes shall receive planning division approval prior to issuance of any building permit. These lots include Lots 2-6, 8-17 and 19-20, Bock 1; Lots 2-4 and 5-9, and 20, Block 2. Direct access to N. Ten Mile Road is prohibited. c. The site shall develop with a minimum of 10 percent open space (2.3 acres) to include the following amenities: play structure, micropaths and a community park as proposed. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months 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 Owner/Developer's default of this Agreement, Owner/Developer 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 DEVELOPMENT AGREEMENT -BRINEGAR PRAIRIE H-2015-0046 PAGE 3 OF 8 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 Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer 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. Owner/Developer reserves 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 Owner/Developer, 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 Owner/Developer 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 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 Owner/Developer 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: Owner/Developer 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 Owner/Developer, 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. DEVELOPMENT AGREEMENT-BRINEGAR PRAIRIE H-2015-0046 PAGE 4 OF 8 Il. 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 Owner/Developer agrees 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 Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees 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: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Heartland Townhomes Property Management, LLC 2358 South Titanium Place Meridian, Idaho 83646 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue 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, DEVELOPMENT AGREEMENT-BRINEGARPRAIRIE H-2015-0046 PAGE 5 OF 8 including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, 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 Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its 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. 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 Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer 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 connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT - BRINEGAR PRAIRIE H-2015-0046 PAGE 6 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. ;nt, LLC CITY OF MERIDIAN Go�QORATEDA&CGiS Mayor a y de Weerd ATTEST: Of o w E jD1AN Jacy Jones, I y e `��SEAL 0j DEVELOPMENT AGREEMENT -BRINEGAR PRAIRIE H-2015-0046 PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, ) On this '7/w day of kr i L , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared -'o kn A Lc mb Sr , known or identified to me to be the iVlCk A 4 U of Heartland Townhomes Property Management, LLC, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL •.•••'"n oP.•� r %OT�4* AVB L1G 9pE OF ID STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at: '('(c p eq 3: 1> My Commission Expires: I& 6i On this 3pd day of QAC , 2016, before me, a Notary Public, personally appeared Tammy de Weerd and Jacy Jones, 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. ••,..mass.. .•'� AR'L:�'.�r'•. (SEAL): G `SOT :• ,�,�. LIC •mama.. op"M oat�-' Notary Public for Idaho Residing at: pjW&LyQ , Commission expires: 15- a Y -490Iota DEVELOPMENT AGREEMENT —BRINEGARPRAIRIE H-2015-0046 PAGE 8 OF 8 Project No. 15-256 Exhibit A ANNEXATION DESCRIPTION FOR BRINE GAR PRAIRIE SUBDIVISION January 7, 2016 A parcel of land located in the SW 114 of Section 2, T.3N., RAW., S.M., meridian, Ada County, Idaho more particularly described as follows: Commencing at the SW corner of said Section 2, from which the W114 corner of said Section 2 bears North 00°18'48" East, 2642.98 feet; thence along the West boundary line of said Section 2 North 00"18'48" East, 1322.54 feat to the REAL POINT OF BEGINNING; thence continuing along said West boundary North 00°18'48" East, 769.17 feet to SW comer of Kentfield Manor Subdivision as filed in Book 68 of Plats at Pages 6913 and 6914, records of Ada County, Idaho; thence along said South boundary line South 89605'53° East, 1,325.68 feet to a point on the West boundary line of Devlin Place Subdivision as filed in Hook 77 of Plats at Pages 8078 and 8079, records of Ada County, Idaho; thence along said West boundary line South 00617'24" West, 772.63 feet to the NE comer of Sunburst Subdivision No. 4 as filed in Book 62 of Plats at Pages 6217 and 6218, records of Ada County, Idaho; thence along the North boundary line of said Sunburst Subdivision No, 4 North 88°56'55" West, 1,326.03 feet to the REAL, POINT OF BEGINNING, Containing 23.46 acres, more or less, 7729 ,►�q I Og'it, f3MG. CI H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Exhibit A S.3 S.2 i/4 KENTFIELO MANOR SUBDIVISION BLOCK 2 tV Q Q _ 4J f0 11 12 13 t; ly �2 LO W. CHATEAU DR. f � I a I t� I� Z O f Lj IZ � n I U1 co r- 0 O z I "? IN S.3 S.2 S.10 S.11 I I z 1 nI th BRINEGAR PRAIRIE SUBDIVISIONca W-ROuSUM 4,10AHORYA2 23,46 ACRES �f o GROUP, P.C. I 0, ut of a z w 1 0 I 1 _ N88'56'55"W 1326,03' REAL POINT (BLOCK S 1 OF BEGINNING SUNBURST SUBDIVISION NO. 4 i r r JL 25 100 400 0 .51'l 266 600 SCALE: 1 " 200' IDAHO�) 1450 E,WATERMAERST. SURVEY W-ROuSUM 4,10AHORYA2 13061 SiQ-fl57�] GROUP, P.C. ANNEXATION EXHIBIT DRAWING FOR BRINEGAR PRAIRIE SUBDIVISION WAVE) IN RAW.. R.{.1., 16-256 1 H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 xK\v, � CITY OF MERIDIAN wl �-- FINDINGS OF FACT, CONCLUSIONS OF LAW ) — AND 1� DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 23.46 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of ninety-three (93) single-family residential building lots and fourteen (14) common lots on 22.6 acres of land for Brinegar Prairie Subdivision located at 2220 N. Ten Mile Road on the east side of N. Ten Mile Road, north of W. Cherry Lane, by Brinegar Investments, LLC, Case No(s), H-2015-0046 For the City Council Hearing Date of. March 15 and March 29, 2016 (Findings on April 12, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 15, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 15, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 15, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 15, 2016, 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 (LC. §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 CASENO(S). H-2015-0046 -1- 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 Cleric upon the applicant, the Planning Department, 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 March 15, 2016, 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-8 zoning district with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of March 15, 2016, attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby approved based on the findings in the Staff Report for the hearing date of March 15, 2016, 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 11-513-317). 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 March 15, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0046 -2- By action of the City Council at its regular meeting held on the 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor SGo��pl;c ab q U�G�h j Attest: �7 -� p coy of IDTAM, i IDAHO Jack Joti,eS �F�r SEAL City Clerk 1ke TREX 8uPw�� c� day of VOTED� eS VOTED eS VOTED--� VOTED A 1�S VOTED eS VOTED_ 1 e-5 VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: M a0hA_ U"V Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0046 -3- STAFF REPORT Hearing Date: TO: FROM: SUBJECT: Exhibit A March 29, 2016 (Continued from: March 15, 2016) Mayor and Council Josh Beach, Associate City Planner 208-884-5533 H-2015-0046 — Brinegar Prairie Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Trilogy Development, LLC, has submitted an application for annexation and zoning (AZ) of 23.46 acres of land with an R-8 zoning district. A preliminary plat (PP) is also proposed consisting of 96 single-family residential building lots and 12 common lots on 22.6 acres of land for Brinegar Prairie Subdivision. 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 18t", 2016. At the public hearing, the Commission moved to recommend approval of the subiect annexation and zoning and preliminary plat requests. a. l Summary 1Commission _ II_ a favor:h In Dayg Baft In opposition: ► (1• RL Commenting: Jeff a1 Claire Chapple, Witt. Dari Mike Miller, Dave Loshb-amg14 jy- Written testimony;Shawn i_ . _1 . 1_ (Applicant's r. 1 y, Staff presenting applicati-on: Josh BeacI4 A Other staff commenting on plicatin: Bill Parsons, Ted Baird bK"_ 1_ ' 11.11 — L Traffic IL W. Chateau Drive I Location of the bus stop -an Ten Mile Roaad RL The 1 1 1 of 1 ' propDsed N. _ . • _1. 1 L Ave.in relation to N. Ten 1. 1[. Road jy� Appropriateness of R-8 zan= y� Safety 1- .kids walking ! 11 .1 W. Chateau-Driye Key Issues of Discussion J 1 11. JJ . 1 _1_ 11 Chateau, Location 1_ bus stop an N. Ten Mile R! Location 1 N. _. a 1 I J_ Ave. in 1 L to\ 1- M ' :. l a 1, I Commission Change(s) to Staff Recommkudatiml, i. The Commission! - 1 applicant 1 submit a revised preliminary 11. I_I . .l' 1' change to the location 1, the street connection 1 W. Chateau -Ay -e. attached_e� Outstanding-Issue(s) for City Council. L See memo for revised site 1 aa. H-2015-0046 — Brinegar Prairie Subdivision PAGE 1 Exhibit A The Meridian City Council heard this item on March 15 and March 29, 2016. At the public hearings, the Council moved to approve the AZ and PP request. a. Summary of City Council Public Hearing: L In favor: Jane Suggs ii. In opposition: Randy Witt, Margaret Enking, Patrick Cunningham, John Behrend, Dennis Wickstrom, Pam Wickstrom, Monica Tetrault, Deborah Hoberg, Michael Matson, Glenn Bentley, Claire Chapple, Peggy Gardner, David Fulerson, iii. Commenting: Joe Bongiorno, Blaine Tewell, Justin Lucas, iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. The Council continued the hearing untikl March 291h to give the applicant sufficient time to change the lots on the southern boder of the plat to 8,000 square foot or above, and to have suffucuent time for staff to review those changes. ii. Overall density of the subdivision iii. Appropriateness of the R-8 zoning in this area iv. Location of the street connection to N. Swainson v. Small average Lot size vi. Traffic on Chateau vii. Opportunities for traffic calming on Chateau viii. Potential lowering of surrounding property values ix. Potential for these properties to become rental properties x. Safety of kids at the bus stop A. Parents lined up on Chateau waiting for the kids to get on/off the bus. xii. Net density of the surrounding subdivisions and the c. Key Council Changes to Staff/Commission Recommendation i. Adding a condition to the development agreement that requires the applicant to coordinate with ACHD on ways to calm traffic on the section of Chateu Drive adjacent to Brinegar Prairie Subdivision. (See condition 1.1.6) III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Numbers H-2015-0046, as presented in the staff report for the hearing date of February 18, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers H-2015-0046, as presented during the hearing on February 18, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers H-2015-0046 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: H-2015-0046 — Brinegar Prairie Subdivision PAGE 2 Exhibit A The site is located at 2220 N. Ten Mile Road on the east side of N. Ten Mile Road, north of W. Cherry Lane, in the SW '/4 of Section 02, Township 3N., Range 1 W. B. Owner/Applicant(s): Brinegar Investments, LLC 1925 N Locust Grove Meridian, Idaho 83646 C. Agent: Suggs Community Solutions 200 Louisa Street Boise, ID 83712 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: January 18 and February 1, 2016; February 22, and March 7, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: January 14, 2016; February 22, 2016 (Council) D. Applicant posted notice on site(s) on: February 3, 2016; March 4, 2016 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties in Kentfield Manor Subdivision, zoned R-4 2. East: Single-family residential properties in Cherry Lane Village Subdivision, zoned R-4 3. South: Single-family residential properties in Sunburst Subdivision, zoned R-4 4. West: Single-family residential properties in Devlin Place Subdivision, zoned R-4 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the subject property currently exists in W. Chateau Drive at the intersections of N. Swainson Avenue and N. Morello Avenue. 2. Location of water: Water mains intended to provide service to the subject property currently exists in N. Ten Mile Road and W. Chateau Drive. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Rutledge Lateral runs across this site and will be tiled as part of the development. The existing irrigation easement bisecting the property is to be relinquished and replaced with a new easement as depicted on the submitted plans. H-2015-0046 — Brinegar Prairie Subdivision PAGE 3 Exhibit A 2. Hazards: Staff is unaware of any known hazards on the property Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). 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 annex the subject property with an R-8 zoning district and develop 96 single-family residential detached homes on the site. The gross density is 4.25 dwelling units (d.u.) per acre with a net density of 6.76. The submitted preliminary plat falls within the density range anticipated by the comprehensive plan. 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 residential development should contribute to the variety of residential uses that exist in this area. "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 2.3 acres (or 10%) of qualified open space%ommon area to be provided on the site in accord with UDC 11-3G-3. "Require usable open space to be incorporated into new residential subdivision plats." (3.07.02A) The applicant is providing a play structure, a community park and a micropath as part of the development. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets)."(3.03.020) The proposed plat is required to construct the southern half of W Chateau Drive as part of the development. "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) The proposed development will be required to meet the 10% open space requirement as set forth in UDC 11-3G-3, and the fencing requirements setforth in UDC 11-3A-7. "Require new residential development to provide permanent perimeter fencing, and fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties." (3.05.03G) The proposed subdivision will be required to install temporary construction fencing during construction and will be required to submit a fencing plan for the perimeter of the development prior to signature on the final plat. "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) H-2015-0046 — Brinegar Prairie Subdivision PAGE 4 Exhibit A The proposed development will provide pedestrian connection to the attached sidewalk along N. Ten Mile Road that will be required to be constructed as part of this development. A five (5) foot detached sidewalk is also proposed to be constructed on the south side of W. Chateau Drive as part of the proposed development. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0117) City services will be extended with the development of the site in accord with UDC 11-3A-21. 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 1 l -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. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. D. Common Open Space and Site Amenities: Open space and site amenities for the development shall be installed in accordance with the standards listed in UDC 11-3G-3. 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 23.46 acres of land with an R-8 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MDR. The applicant proposes to develop 96 single-family homes on the site as shown on the preliminary plat in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. 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 be required as a provision of annexation with the provisions included in Exhibit B. Staff's recommended development agreement provisions are outlined in Exhibit B of the staff report. 2. Preliminary Plat The proposed plat consists of 96 single-family residential building lots and 12 common area lots H-2015-0046 — Brinegar Prairie Subdivision PAGE 5 Exhibit A on 22.6 acres of land in a proposed R-8 zoning district. The average lot size in the proposed development is 6,536 square feet. The proposed gross density of the subdivision is 4.25 dwelling units per acre which is consistent with both the density requirements of the comprehensive plan and the proposed R-8 zoning district. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district and found the plat in compliance with those standards. The minimum lot size for a single-family detached dwelling is 5,000 square feet with 50 feet of frontage. The plat as submitted complies with the dimensional standards of the UDC. Block Length: The proposed plat complies with the maximum block length standards listed in UDC 11 -6C -3F. Existing Structure(s): There is an existing home and associated outbuildings on the site that will be removed as part of this development. Access: Access to this site is proposed on the plat via two pubic streets that will line up with N. Swanson Avenue and N. Morello Avenue. Direct access to N. Ten Mile Road is prohibited. Sidewalks: UDC 11-3A-17 requires detached sidewalk to be provided along all arterial and collector streets, however, due to the fact that ACHD as part of recently constructed an attached sidewalk along N. Ten Mile Road that runs the length of this property, staff is in support of leaving the attached sidewalk as is. 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. Fencing: The applicant shall provide 6 -foot tall privacy fencing along the border of the subdivision, except where fencing has been provided with an adjacent subdivision. For the internal common lots the applicant is proposing to construct 4 -foot tall vinyl fencing consistent with the fencing standards set forth in UDC 11-3A-7.The developer shall install the fencing to distinguish the common from private areas in accord with UDC 11-3A-A.7.Temporary fencing shall be installed during construction. Tree Mitigation: The landscape plan depicts several 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. The landscape plan submitted with the final plat should include the details of the mitigation plan. Open Space & Site Amenities: Based on the area of the preliminary plat (22.6 acres), a minimum 2.3 acres (or 10%) of open space is required to be provided on the site per UDC 11 -3G - 3A in accord with the standards listed in UDC 11 -3G -3B. The applicant has proposed 10% open space (2.3 acres) in accord with the UDC. Drainage Ponds: There are three proposed drainage ponds as part of the development. The applicant shall provide details of these ponds at the time of final plat submittal. Amenities for the development include the following: 1) a play structure, 2) a community park and 3) a micropath through the open space, as well as a connection to the attached sidewalk along N. Ten Mile Road. H-2015-0046 — Brinegar Prairie Subdivision PAGE 6 Exhibit A Waterways: The Rutledge Lateral runs across this site and will be tiled as part of the development. The existing irrigation easement bisecting the property is to be relinquished and replaced with a new easement as depicted on the submitted plans. No structures other than fences may be built within this easement without approval from the easement holder. A license agreement should be obtained from Nampa Meridian Irrigation District (NMID) for the lots that encroach within the easement area. Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.4. Building materials are proposed to consist of board and batten, stone accents, covered front porches, etc. Staff is in favor of the proposed elevations with their associated architectural features. 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 D. 0 " i '13111F.`! A. Drawings/Other 1. Vicinity/Zoning Map 2, Proposed Preliminary Plat (dated: 12/23/15) 3. Proposed Landscape Plan (dated: 01/01/16) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code H-2015-0046 — Brinegar Prairie Subdivision PAGE 7 Exhibit A A. Drawings 1. Vicinity Map Vicinity Map Legend 4 ® ®Area orlmpact Parcels -Meridian Print Date: 125/2016 0 0.175 0.35 Miles The Ffcrmgion shown an this map h ..rind Fran vmicas end is subj.d to —0-t —h J_ The Cky ai Mcr 1. makes —w—my or guarantee es to the mnUnl, eecurery, lEnefiness, or —plat.— of arty of the dela po•�d:d, arW a, eumas no legal ras para {~airy For tha Fformalbn carlvinsd on this map. " H-2015-0046 — Brinegar Prairie Subdivision PAGE 8 Exhibit A 2. Proposed Preliminary Plat (dated: 12/23/2015) UA SEEM - 0 fit - PRELIM MARY PMT FOR ARl[?RJt P_NAIAJS�uAPIiL9"t' e 9 4�3 � see Cie i" Xf� Fn uaNR ane. dacw.lunlw,wlcmo BREL^M IN.IRY RL.1T - H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 R ® @ 8wr n O 1 � � m 8 - PRELIM MARY PMT FOR ARl[?RJt P_NAIAJS�uAPIiL9"t' e 9 4�3 � see Cie i" Xf� Fn uaNR ane. dacw.lunlw,wlcmo BREL^M IN.IRY RL.1T - H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Exhibit A 3. Proposed Landscape Plan (dated: 01/01/2016) I-ANP5:AFI- CA[-r-U1LATIOk5 BRINEGAR PRAIRIE SUBDIVISION MERIDIAN, ID PRELIMINARY PLAT LANDSCAPE PLAN H-AWPALMQ W •u18 _W1 D H % NoTlsS ...... . ...... alley Engfterfag'Ln4� E,E�T%'Tg' H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Exhibit A 4. Conceptual Building Elevations H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Exhibit A B. AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 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. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. 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, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and three (3) amenities and conceptual building elevations submitted with this application included in Exhibit A. b: Because several of the lots front on arterial or collector streets, all of these homes shall receive Cee-tifleate of Zonine r,,.,.plia,,,., and Design .. • planning division approvals prior to issuance of any building permit. These lots include Lots 2-6, 8-17 and 19-20, Bock 1; Lots 2-4 and 5-9, and 20, Block 2. Tots 3 15Bloe , , . Tots Bloek-2: c. Direct access to N. Ten Mile Road is prohibited. d. The site shall develop with a minimum of 10 percent open space (2.3 acres) to include the following amenities: play structure, unicropaths and a community park as proposed. 1.1.2 The preliminary plat included in Exhibit A.2 dated 12/23/2015 is approvedas r as presented to City Council on 3/29/2016. 1.1.3 The landscape plan included in Exhibit A.3 dated 01/01/16 shall be revised as follows: a. If mitigation is required for any existing trees on the site that are proposed to be removed, such information shall be included on the plan in accord with UDC 11-313-10C.5. b. 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. The developer shall install all fencing adjacent to internal common areas to distinguish the common from the private areas in accord with UDC 11 -3A -A.7. c. The applicant shall provide 6 -foot tall privacy fencing along the border of the subdivision, except where fencing has been provided with an adjacent subdivision. d. Temporary fencing shall be installed on the property during construction. e. Lots 7, 18 and 31, Block 1 and Lot 8, Block 4 rot 1, Lot 16, Tot 42, Bloe,, 1, Lot 11 shall be constructed in accord with UDC 11-3A-8 and UDC 11-3B-12. f. Bollard lighting shall be installed along all pathways per UDC 11-3A-8. g. The applicant shall provide details of these ponds at the time of final plat submittal. h. The applicant shall submit a revised landscape plan consistent with the revised Preliminary plat at the time of final plat application. 1.1.4 The existing irrigation easement bisecting the property is to be relinquished and replaced with a new easement as depicted on the submitted plans, prior to signature on a final plat. H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Exhibit A 1.1.5 The applicant shall move the location of N. Swainson Ave. to the east in accordance with ACHD_policies, and submit revised CAD files, construction drawings, and a revised plat to staff ten days prior to the Council hearing. 1.1.6 The applicant shall work with ACHD on opportunities to calm traffic on the section of Chateau Drive adiacent to the Brinegar Prairie Subdivision. 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. Direct lot access to N. Ten Mile Road is prohibited. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 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. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11 C. Provide details of the ponds with the final plat application. 1.2.9 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. 1.2.10 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 11-313-10. 1.2.11 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 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 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. 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 has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Exhibit A 1.3.6 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. 1.3.7 All existing outbuilding shall be removed prior to receiving signature on final plat of phase one. 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 11-613-7. 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 11-313-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public works.aspx?id=272. The street light plan will need to include Type 1 250W lips fixtures mounted at 30' height along the frontage of Ten Mile Road. The Type 1 lights should be spaced at 220' and arranged as to have a staggered spacing with existing poles on the opposite side of the roadway. Power for these lights should be provided by utilizing the existing street lighting conduit installed along Ten Mile Road. Type 1 Poles will need to be powder coated black to match the poles installed by ACRD along this section of Ten Mile Road. 2.1.2 Applicant shall be required to construct an 8 -inch diameter water main to connect the dead end main at the south end of N. Swainson Court through the common area to the existing 10 -inch diameter main in N. Ten Mile Road. The width of the common area pathway lot shall be widened out to 20 feet. 2.1.3 The applicant shall be required to construct an 8 -inch diameter sewer main from the existing manhole in W. Chateau Drive through common Lot 7, Block 1 as proposed. The width of the cormnon lot shall be a minimum width of 20 feet. 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 sei vice outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Exhibit A 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. 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, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 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 creditor 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. H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Exhibit A 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. 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 light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at http://www.meridiancity.org/public_works.aspx?id=272. 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 887-221. H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Exhibit A 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns with this application. 4. FIRE DEPARTMENT 4.1.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4'/2" outlet face the main sheet or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be placed 18" above finished grade to the center of the 4 %2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.1.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.1.3 Ensure that all yet undeveloped parcels are maintained fee of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.1.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.1.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible constriction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-21 4.1.6 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 Developer shall coordinate and comply with the recommendations of the City Arborist with regard to mitigation measures for impacts to and removal of existing vegetation within the bounds of this development. The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to coordinate mitigation for existing trees on the site that are proposed to be removed, in accord with UDC 11-313-10C.5. 7. ADA COUNTY HIGHWAY DISTRICT (ACRD COMMENTS FORTHCOMING) 7. 1.1 SITE SPECIFIC CONDITIONS OF APPROVAL 1. Construct Chateau Drive as''/2 of a 36 -foot street section, complete with vertical curb, gutter with shallow drop inlets, bioretention swale, and 5 -foot wide detached concrete sidewalk. 2. Construct the bioretention swale to meet ACHD policy 8202.26 BMP 30 standards (see attachment 3). H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Exhibit A 3. Taper Chateau Drive to align with the existing pavement width and improvements abutting to the site to the east. 4. Construct all internal streets as 34 -foot street sections, complete with curb, gutter and 5 -foot wide concrete sidewalk. Provide a minimum 7 -foot wide sidewalk easement if public sidewalks are placed outside the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 -feet behind the back edge of the sidewalk. 6. Payment of impacts fees are due prior to issuance of a building permit. 7. Comply with all Standard Conditions of Approval. 7.1.2 STANDARD CONDITIONS OF APPROVAL 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). 2. Private Utilities including sewer or water systems are prohibited fiorn being located within the ACHD right-of-way. 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. 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. 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. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. 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 3 87-625 8 (with file numbers) for details. 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. H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Exhibit A 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 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. C. Legal Description & Exhibit Map for Annexation Boundary H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Project Na 15-256 Exhibit A ANi+TF+ XA TION DESCRIPTION FOR BRINE GAR PRAIRIE SUBDIVISION January 7, 2016 A parcel of land located in the SW 114 of Section 2, T.3N., RAW., B.M., meridian, Ada County, Idaho more particularly described as follows: Commencing at the SW corner of said Section 2, from which the W1i4 corner of said Section 2 bears North 00°18'48" East, 2642.98 feet; thence along the West boundary line of said Section 2 North 00°18'48" East, 1322.54 feet to the REAL_ POINT OF BEGINNING; thence continuing along said West boundary North 00"18'48" East, 769,17 feet to SW comer of Itentfield Manor Subdivision as filed in Book 68 of Plats at Pages 6913 and 6914, records of Ada County, Idaho; thence along said South boundary line South 8900653" East, 1,325.68 feet to a point on the West boundary line of Devlin Place Subdivision as filed in Book 77 of Plats at Pages 8078 and 8079, records of Ada County, Idaho; thence along said West boundary line South 00°17'24" West, 772.63 feet to the NE comer of Sunburst Subdivision No, 4 as filed in Book 62 of Plats at Pages 6217 and 6218, records of Ada County, Idaho; thence along the North boundary line of said Sunburst Subdivision No, 4 North 88°56'55" West, 1,326.03 feet to the REAL POINT OF BEGINNING, Containing 23.46 acres, more or less, H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 S.3 I S.2 1/4 LO Exhibit A KENTFIELD MANOR SUBDIVISION BLOCK 2 Q LED Ll i3 1325,68'— - _ W. CHA'iEAU DR. I I I z 04i BRINEGAR PRAIRIE SUBDIVISION ni 23.46 ACRES I D o N O Q m Y` I �,I a z I w I I N68'56'55"W 1326.03' Ifl �5_r I __1_(;F[ -REAL POINT I BLOCK9 OF BEGINNING SUNBURST SU601VISION N0. 4 I I 17729 A OF �� ti��►tII � �o Y &CPQ 25 100 400 ca Sa 200 IC AH O 1450 E. WMEATGWEi 5T. SURVEY WRA�.ta4HO8}..12 GROUP, P.C. JM61sidaSTB SCALE: 1 " = 200' AP j�L sca ANNEXATION EXHIBIT DRAWING FOR ss s e BRINEGAR PRAIRIE SUBDIVISION SNEE� N( totATE6 IN TILE SW Ys OrSECTI.m Z T. L' ft1W.. R'm.' I DWG. OAI H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Exhibit A 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 proposes a gross density of 4.25 dwelling units per acre consistent with the FLUM designation of MDR. Therefore, the Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-8 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 Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. the Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The 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 Council finds annexing this property with an R-8 zoning district is in the best interest of the City with the provision of a development agreement. 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 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. H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Exhibit A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The 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 Council fmds 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 Council relies upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACRD considers road safety issues in their analysis. Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. L The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council considered all public testimony that was presented to determine whether or not the proposed development would destroy or damage a natural or scenic feature(s) of major importance. H-2015-0046 — Brinegar Prairie Subdivision PAGE 23 Meridian City Council Meeting DATE: Mav 3, 2016 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: License Agreement License Agreement for Landscape Maintenance Between the City of Meridian and Bridgetower Owners' Association LLC Regarding Premises Adjacent to the Future Bellano Creek Neighborhood Park 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 2016-037780 BOISE IDAHO Pgs=3 BONNIE 05/04/2016 10:33 AM MERIDIAN CITY NO FEE When Recorded Mail To: 1111111111111111111111111111111111111 CITY OF MERIDIAN 00221300201600377800030039 33 E. Broadway Avenue Meridian ID 83642 Attn: City Clerk (Above Space for Recorder's Use Only) LICENSE AGREEMENT FOR LANDSCAPE MAINTENANCE This LICENSE AGREEMENT FOR LANDSCAPE MAINTENANCE ("Agreement") is made effective this,—,,t43 day of May, 2016, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("Licensee"), and Bridgetower Owners' Association LLC, a limited liability company organized under the laws of the State of Idaho ("Licensor"). Licensee and Licensor may be collectively referred to as "Parties." WHEREAS, Licensor owns Ada County parcel no. SO435346510, legally described as Parcel #6510 of the Southeast'/4 of the Southwest'/4 of Section 35, TAN, R. IW, Boise Meridian, Ada County, Idaho, the southern portion of which is a strip of land that abuts a future city park to the west, as generally depicted in Exhibit hereto ("Licensed Premises"), all of which is encumbered by an irrigation easement for the Creason Lateral held by the Nampa & Meridian Irrigation District ("NNM"); WHEREAS, it is mutually beneficial for both Parties for Licensee to assume responsibility for landscape maintenance of the Licensed Premises; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of license. Licensor hereby grants to Licensee, as grantee, a non-exclusive license on, over, across, under, and through the Licensed Premises, for the limited purposes of installation and maintenance of landscaping, to include non -woody vegetation only, and improvement, use, and maintenance as a city park. 2. Term and termination. This Agreement shall continue in perpetuity and shall remain in effect unless and until terminated by either parry, upon ninety (90) days' written notice. 3. Maintenance. Licensee shall maintain the landscaping on the Licensed Premises in good condition and repair, and as may be needed to satisfy applicable laws, policies, and reasonable discretion of Licensor, and sound landscape maintenance practices. 4. Damage or destruction. In the event that the landscaping on the Licensed Premises is damaged or destroyed, in whole or in part, Licensee may restore or replace the landscaping, subject to availability of sufficient funds. 5. Water. Licensee shall pay for the provision of and continued use of water to the Licensed Premises, if any. MERIDIAN MONUMENT LICENSE AGREEMENT PAGE I Or 3 6. Insurance to be obtained by Licensee. Licensee shall obtain all necessary property and other insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Insurance of Licensor's insurable interests shall be the sole responsibility of Licensor. 7. Binding on Successors. This Agreement shall be binding on the successors, administrators, executors and assigns of all parties hereto, and shall run with the land. 8. Hold harmless. Licensee agrees to hold the Licensor, its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from Licensee's use or use by its employees, licensees, agents, invitees, or representatives, of the Licensed Premises pursuant to the license granted hereby. 9. Remedies. In the event of a breach hereunder by either party, the non -breaching parry shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. 10. Assignment. Neither party shall sell, transfer, or assign its interest in this Agreement without first providing written notice to the other party. 11. Obstructions. Neither Licensor nor Licensee shall install or permit any fence, sign, or other barrier within or across the Licensed Premises. However, the foregoing shall not prohibit the installation of temporary barricades reasonably necessary for security and/or safety purposes in connection with repair or maintenance of the Licensed Premises, so long as such work is conducted in the most expeditious manner reasonably possible. 12. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is mailed, via U.S. Mail, prepaid and addressed to the respective Party's current registered agent as enumerated in the records of the Idaho Secretary of State. 13. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 14. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 15. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 16. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 2 OF 3 17. Warranty of authority. The person executing this Agreement on behalf of Licensor represents and warrants due authorization to do so on behalf of Licensor, and that upon execution on behalf of Licensor, the same is binding upon, and shall inure to the benefit of, Licensor. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day and year first written above. LICENSOR: Bridgetower Ow ers' Association LLC 1j vw,j, By: Alana . Ashby hief Executive Officer Association Management, Inc. Its: Manager STATE OF IDAHO ) )ss. COUNTY OF ADA ) /l On this � '7 day of 2016, before me, �Mq, uy , a Notary Public in and for said State, personally appeared ALANA J. ASHBY, known or identified to me to be the person who executed the instrument on behalf of Bridgetown Owners' Association LLC, and acknowledged to me that such LLC executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and •e Deb year in this certificate f �rn. .'see% LICENSEE: City of 'dian Mayor STATE OF IDAHO ) )ss. Notary Public for Idaho t' Residing at 912G�CL%0 My commission expires ;S - ATTEST: E IDlgNJ cy Jones, City O�NO SEAL COUNTY OF ADA ) A On this P day of 0.1 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JACY JONES, 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 wrijgw • • • • �..• .• LEN •. . �OTANotary Public Idaho Residing at X12 t JUS • My commission expires 3a— s�, LIC °. o° MERIDIAN MONUMEl�F�('EN�.AGREEMENT PACE 3 or 3 Meridian City Council Meeting DATE: Mav 3, 2016 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: Professional Services Agreement Professional Services Agreement With Treasure Valley Commonwealth in a Not -to -Exceed Amount of $200.00 G. DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY COMMONWEALTH This PROFESSIONAL SERVICES AGREEMENT WIT TREASURE VALLEY COMMONWEALTH (hereinafter "Agreement") is made this `day of May, 201.6, by and between the Meridian Arts Commission ("MAC"), through the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Treasure Valley Commonwealth, a nonprofit corporation organized under the laws of the State of Idaho (hereinafter "TVC"). WHEREAS, the mission of MAC is to develop, advance, and nurture all facets of the arts to enhance the quality of life for Meridian residents and its visitors; WHEREAS, the mission of TVC is to facilitate the education and cooperative learning of families by providing and creating an environment for sharing space, time, talents, and resources, including the production of quality theater arts studies and experiences for Meridian youth; and WHEREAS, the respective governing bodies of City and TVC find that these missions complement each other and wish to work together to further the objectives of both by engaging TVC to present "Taming of the Shrew"; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and TVC agree as follows: I. SCOPE OF SERVICES. TVC shall provide the following services, deliverables, and materials under this Agreement: A. Production. TVC shall obtain all necessary royalties and scripts; provide all necessary costumes, props, and set; schedule and hold auditions, casting, and rehearsals; provide all necessary director and stage management services; provide and distribute marketing materials; and reserve and pay for all related costs of audition, rehearsal, and performance space. B. Presentation. TVC shall present to the public two performances of "Taming of the Shrew" on May 20 and 21, 2016. C. Advertisement. In its programs and materials, TVC shall promote MAC and its events and/or programming, as approved by the City's Arts & Culture Specialist. II. COMPENSATION AND PAYMENT. A. Amount. City shall pay TVC for professional services described herein in the amount of two hundred dollars ($200.00). B. Payment schedule. City shall pay TVC within thirty (30) days of receipt of invoice and completed W-9 form. PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY COMMONWEALTH PAGE 1 OF 3 III. GENERAL PROVISIONS. A. Indemnification. TVC and each and all of TVC's employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by TVC or any TVC employee, volunteer, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of TVC programming or activities. B. Notices. All notices required to be given by either of the parties shall be in writing and be deemed communicated when personally served or mailed via U.S. mail, addressed as follows: If to TVC: if to City: Nancy Georgeson Hillary Bodnar, Arts & Culture Specialist Treasure Valley Commonwealth City of Meridian 1552 S. Linda Vista Avenue 33 East Broadway Ave Boise ID 83709 Meridian ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. 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 deterrmined 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. D. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. E. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing five (5) days' notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A forty-eight (48) hour cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement shall be terminated upon mailing or e -mailing of notice of termination. PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY COMMONWEALTH PAGE 2 OF 3 F. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. G, Discrimination prohibited. In performing the services described herein, TV C; shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. H. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. 1. Approval Required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and TVC. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. TRE,ASURE VALLEY COMMONWEALTH: BY: C�4w (A�' bL- Amy Carter, D' eetor CITY PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY COMMONWEALTH PAGE 3 OF 3 Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: Pedestrian Pathway Easement Pedestrian Pathway Easement Between the City of Meridian and Challenger Development, Inc., Regarding a Multi -Use Pathway as Part of the Baraya Subdivision Located South and East of Franklin and Black Cat Roads MEETING NOTES A P Rq 0 V Ep D' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-037781 BOISE IDAHO Pgs=5 BONNIE 05/04/2016 10:33 AM MERIDIAN CITY NO FEE 11111111111111111111111111111111 I 1111111111111111 00221301201600377810050059 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this 3 day of , 2016, between CHALLENGER DEVELOPMENT, INC. hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. Pedestrian Pathway Easement THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: CHALLENGER Its: STATE OF IDAHO ) ss County of Ada ) INC. On this [ ° day of r^& , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey D. Barton, President of and on behalf of Challenger Development, Inc., known or identified to me to be the person that executed the within instrument, and acknowledged to me that the company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. Pedestrian Pathway Easement NOTARY PUBLIC FOR IDAHO Residing at: Int T6 Commission Expires: / GRANTEE: CITY OF MERIDIAN OgATEO.1 c Tammy de rd, Mayor EI m S D1AN� E J ZTF � Attest by City Clerk Of?/?e TREASv �� �i r e Approved By City Council On: to STATE OF IDAHO ) ss. County of Ada ) On thisday of aJ , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JPaq S ®tS£5 I48 , 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. •Oswego,• OT • (SEA, :°9 - � ; °•. OF IIiP��•w.* Pedestrian Pathway Easement NOTARY PUBLIC FOR IDWHO BL Residing at: 7/ � (� z/ dtdl[) --T-- b Commission Expires: 3 -90 Da October 28, 2014 EXHIBIT A DESCRIPTION FOR REGIONAL PATHWAY EASEMENT BARAYA SUBDIVISION A 25.00 foot pathway easement located in the NE 1/4 of the NW 1/4 of Section 15, T.3N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N1/4 corner common of said Section 15 from which the W1/16 corner of said Section 15 bears North 89°15'34" West, 1320.28 feet; Thence along the North boundary line of said Section 15 North 89015'34" West, 1177.28 feet; thence leaving said North boundary line South 00°31'51" West, 71.12 feet to the REAL POINT OF BEGINNING. Thence continuing South 00°31'51" West, 59.88 feet; Thence South 89015'34" East, 379.81 feet; Thence South 87°41'35" East, 70.41 feet; Thence South 67°55'41" East, 74.57 feet; Thence South 43°03'55" East, 73.29 feet; Thence South 29°02'07" East, 393.51 feet; Thence South 60057'53" West, 25.00 feet; Thence North 29002'07" West, 390.44 feet; Thence North 43003'55", West, 64.71 feet; Thence North 67°55'41" West, 64.70 feet; Thence North 87041'35" West, 65.71 feet; Thence North 89015'34" West, 407.32 feet; Thence 4.32 feet along the arc of a non -tangent curve to the right having a radius of 169.00 feet, a central angle of 01 027'48", and a long chord which bears North 00°12'03" West, a distance of 4.32 feet; Thence North 07022'50" East, 25.15 feet; Thence North 00031'51" East, 35.51 feet; Thence North 45038'08" East, 28.34 feet; C' Thence South 89°15'34" East, 4.93 feet to the POINT OF BEGINNING. �P 1dl�v Containing 26,423 square feet, more or less. ,� S.9 S.10 N89'15'34"W W 1/16 _ S.16 S.15 1320.28' 143.00' r-- - - L10- Jv JL SO'31'51 "W 71.12' BASIS OF BEARING \ _ _ _ N89'15'34"W 1320._28' - SAO 1/4 REAL POINT OF BEGINNING 1177'28 - - S.15 - - J O PURDAM DRAIN S89'15'34"E 379.81' L12 I 1 I C1N89'15'34"W 407.32' L13 46 I 0 0 0 0 0 0 0 O O I BL OCK 3 LINE TABLE LINE LENGTH BEARING L1 59.88 SO'31'51"W L2 74.57 S67'55'41 "E L3 73.29 S43'03'55"E L4 25.00 S60'57'53"W L5 64.71 N43'03'55"W L6 64.70 N67'55'41"W L7 25.15 S7'22'50"W L8 35.51 SO'31'51 "W L9 28.34 S45'38'08"W L10 4.93 N89'15'34"W L12 70.41 S87'41'35"E L13 65.71 N87'41'35"W WIDE PATHWAY EASEMENT�� or,\ 13 14 �y �i-Q \ 1s 1 n y CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRIG. DELTA C1 169.00 4.32 4.32 SO'12'03"E 1'27'48" IDAHO 1450 E. WATERTOWER ST. SUITE 130 SURVEY MERIDIAN, IDAHO 83642 GROUP, P.C. (208) 846-8570 i I � 1' G. EXHIBIT B ,3—;s9 REGIONAL PATHWAY EASEMENT SHEET NO. BARAYA SUBDIVISION 1 LOCATED IN THE NE 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE NE 1/4 DWG. DATE SECTION 15, T.3N., R.1W., B,M., MERIDIAN, ADA COUNTY, IDAHO 10/28/2014 Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: Resolution No. w (� : A Resolution Of The Mayor And The City Council Of The City Of Meridian Authorizing The City Clerk To Destroy Certain Semi -Permanent And Temporary Records Of The City Clerk's Office; And Providing An Effective Date 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 -11 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 AND TEMPORARY RECORDS OF THE CITY CLERK'S OFFICE; 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 and temporary 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, upon the advice of the City Attorney, the City Clerk has identified certain semi- permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50-907(2) and (3) 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 Cleric is hereby authorized to direct and supervise the destruction of the following semi-permanent and temporary records of the City Cleric's Office: CITY CLERK'S OFFICE YEAR(S) DESCRIPTION Semi-permanent Records AN Recordings of City Council January 2009 to December Audio and video recordings of City and Commission/Committee 2010 Council and all Commission or meetings Committee meetings Election - Runoff or Recall December 2009 and Older All voted ballots, stubs, absentee voting, (Working Files) vote tally systems - all non -permanent records on file with the City (election consolidation) Correspondence, Administrative December 2010 and older Created or received in the course of administering City policies and programs Permits and Licenses December 2010 and older Records relating to City permits and licenses issued in the City Clerk's Office RESOLUTION AUTHORIZING DESTRUCTION OF CITY CLERK'S OFFICE RECORDS 2016-04 PAGE 1 OF 2 Temporary Records Public Records Request January 2013 to December All PRR files including electronic 2014 tracking spreadsheet, requests, and responses Section 2. That the City Cleric 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 3rd day of May, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 3rd day of May, 2016. Tandm/de ATTEST: �4` .2 rayor w $ IWAN� By; IDAHO (SEAL) Jacy Jones, City Clerk SEAL RESOLUTION AUTHORIZING DESTRUCTION OF CITY CLERK'S OFFICE RECORDS 2016-04 PAGE 2 OF 2 Meridian City Council Meeting DATE: Mav 3, 2016 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: Resolution No. �o ' : A Resolution of the City of Meridian Approving a Joint Powers Agreement by and between the City of Meridian, City of Boise City, Ada County, the Ada County Highway District, City of Eagle, City of Garden City, City of Kuna and City of Star for the Cooperative Provision of Emergency Management Services in Ada County; Authorizing the Mayor and City Clerk to Execute and Attest said Agreement on Behalf of the City of Meridian; and Provide for an Effective Date. MEETING NOTES 9 A p N, ROVED 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. 16 ® Il BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, ADA COUNTY, THE ADA COUNTY HIGHWAY DISTRICT, CITY OF BOISE CITY, CITY OF GARDEN CITY, CITY OF KUNA, CITY OF EAGLE AND CITY OF STAR FOR THE COOPERATIVE PROVISION OF EMERGENCY MANAGEMENT SERVICES IN ADA COUNTY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Idaho cities are authorized to create and maintain an intergovernmental agency responsible for disaster preparedness and coordination of response pursuant to I.C. § 46- 1009; and WHEREAS, the City of Meridian desires to build and sustain regional core emergency management capabilities by implementing strategies to address identified planning, organization, equipment, training, and exercise needs to prevent, protect against, respond to, and recover from natural, technical and other catastrophic events within the corporate limits of the City of Meridian; and WHEREAS, Ada County, the Ada County Highway District, City of Boise City, City of Kuna, City of Eagle, City of Garden City and City of Star all desire to build and sustain regional. core emergency management capabilities by implementing strategies to address identified planning, organization, equipment, training, and exercise needs to prevent, protect against, respond to, and recover from natural, technical and other catastrophic events within their respective jurisdictions and have determined that a joint and cooperative effort would provide certainty, consistency and efficiency in the management and delivery of emergency management services; WHEREAS, Cities and counties are authorized by I.C. §§ 31-3906, 67-2326 through 67-2333, 31-1430 and 31.-141.7 to enter into joint and cooperative mutual aid agreements. RESOLUTION FOR JOINT POWERS AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES - PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Agreement by and between the City of Meridian, City of Boise City, Ada County, the Ada County Highway District, City of Eagle, City of Garden City, City of Kuna and City of Star, a copy of said Agreement being attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Agreement for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Meridian, Idaho, this _ day of May, 2016. APPROVED by the Mayor of the City of Meridian, Idaho this — day of May, 2016. ATTEST: Jacy Jones, City Clerk oRA� r TjxfiZl de Weerd ooq'? �&S 0 y of o m E IDIAM SEAL RESOLUTION FOR JOINT POWERS AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES - PAGE 2 OF 2 AGREEMENTNO, 10878-1-16 AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT is effective the 71" day of March, 2016, by and between Ada County, a body politic and corporate whose address is 200 W. Front St,, Boise, Idaho 83702 ("Ada County"); Ada County Highway District, a single county -wide highway district created pursuant to Idaho Code §§ 40-1401 et seq,, whose address is 3775 Adalns St,, Garden City, Idaho 83714 ("ACHD"); City of Boise, a municipal corporation whose address is 150 N. Capitol Blvd., Boise, Idaho 83702 ("Boise"); City of Eagle, a municipal corporation whose address is 660 E. Civic Ln,, Eagle, Idaho 83616 ("Eagle"); City of Garden City, a municipal corporation whose address is 6015 Glenwood, Garden City, Idaho 83714 ("Garden City"); City of Duna, a municipal corporation whose address is 763 W. Avalon, Kuna, Idaho 83634 ("Kuna"); City of Meridian, a municipal corporation whose address is 33 E, Broadway Ave., Meridian, Idaho 83642 ("Meridian"); and the City of Star, a municipal corporation whose address is 10769 W. State Street, Star, Idaho 83669 ("Star") (collectively referred to herein as the "Participants"). RECITALS: A. The Participants are authorized by Idaho Code § 46-1009 to create an intergovernmental agency responsible for disaster preparedness and coordination of response, and, for that purpose, pursuant to this Agreement, Ada County has established the Ada County Department of Emergency Management, which is a separate and independent department under the administration of Ada County. B. The Participants desire to build and sustain regional core emergency management capabilities by implementing strategies to address identified planning, organization, equipment, training, and exercise needs to prevent, protect against, respond to, and recover from natural, technical and other catastrophic events, C, The Participants understand that emergency preparedness Is not exclusive to any single level of government or organization, but is best served by the combined efforts of the whole community. As such, the Participants desire to partner with and obtain advice and input from each other on emergency management priorities, activities and funding, including, but not Iimited to resource allocations before, during and after disasters, The Participants also recognize the need for a forum for the technical aspects of expenditures to be researched, discussed, planned, and prioritized. D. It is the desire of the Participants to adopt this Joint Powers Agreement to create the Ada City -County Emergency Management. Executive Council ("ACCEM") to provide for emergency management programs and systems and to address areas of technology, research, planning and prioritization of projects involving the use of emergency management resources including, but not limited to federal grants. AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT — PAGE 1 u:temergency nigmtiaecemlacccm 2616 joint powers agnnt,docx E. All Participants will retain control over those matters not related to ACCEM or this Agreement, which retained control, may include, but is not limited to: budgeting personnel decisions, equipment, offices, payroll, day-to-day operations and other related matters not impairing the operation or functioning of ACCEM. F. The Participants understand and agree, pursuant to Idaho Code § 46-1025, that federal and state grants and funds awarded through the Idaho Department of Homeland Security are distributed directly to counties for the purpose of assisting counties in achieving the goals and objectives outlined in approved county grant proposals. NOW, THEREFORE, in consideration of the foregoing recitals, and other valuable consideration, the receipt and suf oieney of which is hereby acknowledged, the Participants covenant and agree as follows: 1. Purpose. The purpose of this Agreement is for the Participants to jointly identify, plan for, and assess hazards and risks affecting residents of all of Ada County, including all of the geographical areas governed by each of the Participants; to guide future preparedness efforts across all mission areas; and to set priorities for development of regional core emergency management capabilities. 2. Ada. City -County Emergency Management Executive Council. There is hereby created ACCEM. 2.1 Membership. The members of ACCEM shall be comprised of one representative from each Participant. The representative shall be an elected official from each Participant, including the mayor of each incorporated city, the chairperson of the Ada County Board of Commissioners and the President of the ACHD Board of Commissioners. There shall be one additional representative each from Ada County and Boise City, The additional representative from Ada County shall be an Ada County Commissioner appointed by a resolution of the Ada County Board of County Commissioners. The additional representative from Boise City shall be a Boise City Councilper.son appointed by a resolution of the Boise City Council. These two additional representatives shall serve at the pleasure of the body that appointed such representative, Each Participant's representative may designate in writing one alternate elected official to serve in his or tier absence with the full authority to act on his or tier behalf in all matters before ACCEM. 2.2 Ditties of ACCEM, ACCEM shall perform all actions reasonably necessary to fit1B11 the responsibilities and obligations existing pursuant to Idaho Code 46-1009, These duties shall include, but are not limited to: 2.2.1 Identifying and assessing hazards and risks affecting residents of Ada County to guide future preparedness efforts across all mission areas; 12.2 Facilitating interactions among the whole community to create and validate plans, policies and procedures governing emergency mallagement and identifying core capability needs through discussion and operations - based activities; AMENDED EMERGENCE' MANAGEMENT JOINT POWERS AGREEMENT — PAGE 2 nArmergency mgnttWeemlaccem 20163ohit powers agnnt.docx 2.2.2 Facilitating sharing of specialized resources such as supplies, equipment, facilities, and personnel with any Participant, or their various public or private sector partners with emergency management missions, through maintaining resource inventories and sharing agreements and allowing use of grant purchased equipment in support of emergency management functions, consistent with existing and future mutual aid or resource sharing agreements; 2,2.3 Enhancing emergency management coordination and Communication between government agencies, businesses and industry, and volunteer agencies for both preparedness efforts and operational activities; 2,2,4 Promoting disaster recovery through a focus on the timely restoration, strengthening, and revitalization of infrastructure, housing, and a sustainable economy, as Nvell as the health, social, cultural, historic, and environmental fabric of Ada County; 2.2.5 Coordinating and integrating all -hazards comprehensive county- wide ountywide emergency management activities through planning, training, equipping, exercising, and evaluating capabilities; 2,2,6 Providing qualified individuals from within their jurisdictions to serve as members of ACCEM committees; 2,2,E Supporting inter -governmental plans that address roles and responsibilities for all phases of emergency management, and after consultation with the TAG and LEPC, making a recommendation to Participants that such be, adopted; 2.2.8 After consultation with the TAG and the LEPC, make determinations regarding spending priorities for countywide emergency management; 2,2,9 Approving and submitting a budget to the Board for the Membership Dues submitted by Participants for deposit in the Emergency Management Fund. 2,3 Bylaws. ACCEM shall have the power and authority to make such bylaws as may be necessary to its operation, 2,4 Committees, ACCEM may create such committees as may be necessary to its operation; provided however, that there shall be created a Technical Advisory Group ("TAG") and a Local Emergency Planning Committee ("LEPC") with such bylaws provided therefore as may be necessary for their operation. AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT— PAGE 3 wkemergcncy ntgnMaccenAaccem 2016 joint po%vers agnnt.docx 2,5 Grant Funds, 'The Participants understand and agree that grant funds for emergency management are provided to the County by the State of Idaho and that the Board has oversight over the expenditure of the giant fiends. The Participants further understand and agree that county -wide emergency management requires cooperation and meaningful review by all Participants to ensure that the use and expenditure of grant funds are applied beneficially for all Participants, ACCEM, upon receipt and review of recommendations from the TAG and/or LEPC, shall mare recommendations to the Board regarding the itse and expenditure of all grant funds received by the County from the Idaho Bureau of Homeland Security for emergency management. The Board shall follow the recommendations of ACCEM to the maximum extent possible and shall report back to ACCEM those instances when the recommendations are not followed along with a statement as to the reasons therefore, All Participants shall sign such sub - grant agreements and liability waivers as are reasonably requested by Ada County for the purposes of receiving grants funds, To the extent available, Participants may continue to apply for grants for which they qualify oil an individual basis. 3. Ada County Department of Emergency Management (ACDEM), ACDEM shall operate as a separate and independent Department under the administration of the Board. The primary mission of ACCEM shall be to coordinate and integrate ail all -hazard, comprehensive, county -wide emergency management program on behalf of all Participants to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that pose the greatest risk to the citizens and residents of Ada County. 3.1 Director of Emergency Management. The Director of Emergency Management (the "Director") shall be employed by Ada County; provided, However, that the Board shall consult with ACCEM regarding all employment decisions the Board makes regarding the Director, including, but not limited to, hiring, termination, and discipline, Should the Director resign or be terminated, the Board shall appoint an interim Director to discharge all the duties and exercise all the powers of the Director until the selection of a permanent Director is made in consultation with ACCEM, 3,2 Director's Duties, The Director shall be an ex officio, non-voting member of ACCEM, shall attend all meetings of ACCEM, and shall perform such duties for ACCEM as may be established by this Agreement and the Bylaws and as otherwise assigned by ACCEM, 33 ACDEM Employees, Ada County shall employ such ACCEM staff members payable out of the Emergency Management bund as approved in its annual ACCEM budget and shall be responsible for the payment of all staff wages, payroll taxes, fringe benefits and other costs, Upon request, Ada County may provide the services of ACCEM employees to other Participants for the purpose of developing regional core emergency management capabilities, 3.4 Books and Records, Ada County shall maintain in compliance with Idaho Code, books and records for the Emergency Management Fund which shall be available for inspection and review by ACCEM at any time during business hours, AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT — PAGE 4 nAemergency mgmtlaccemlaccem 2016 faint powers agrmt.doex 3.5 Fiscal Year. The fiscal or business year of the Board, Council and ACDEM shall begin on the first.day of October and end on the last day of September, 3.6 Budget, The Director shall present a preliminary budget and proposed membership dues to ACCEM for consideration and for subsequent incorporation into each Participant's budgeting processes. A final budget will be presented to ACCEM for approval no later than the Ist clay of August of each fiscal year. ACCEM shall submit a filial recommended budget to the Board no later than August 15th of each fiscal year. 4. Emergency Management Fund. There shall be deposited into the Emergency Management Fund such property taxes, grants (as modified by section 4.2 below), Membership Dues, and such other funds as may be obtained by Ada County or donated to it for the purposes set forth in Idaho Code § 46-1009 and such expenses shall be allowed as may be appropriated in the annual budget for the Emergency Management Fund, 4.1 Membership Dues, Each Participant shall pay annual membership dues in accordance with the terms contained herein to contribute towards funding the ACCEM program ("Membership Dues"), Membership dues for Ada County and each respective city located within Ada County shall initially be equal to thirty-three cents ($0,33) per resident. For purposes of calculating Membership Dues, the number of residents located within Ada County and each respective city shall be determined annually by ACCEM using the most current population estimates available to ACCEM. Membership dues payable by cities shall be determined by the number of residents in each city, Membership dues payable by Ada County shall include all of the residents inside the geographical borders of Ada County (including cities) plus the number of residents in unincorporated Ada County. Membership Dues payable by Ada County Highway District shall be $10,000.00 per year. Membership Dues shall be due and payable to the Emergency Management Fund in equal installments on a quarterly basis. Membership Dues may be adjusted annually by ACCEM, 4.2 Grants, Consistent with Section 2.5, Ada County shall apply for grants to fund emergency management capabilities, personnel and operations, Such portions of grants received by Ada County which shall be awarded to fund the programs, personnel and operations of the ACCEM shall be deposited to the Emergency Management Fund, 4.3 Expenses, Consistent with the approved budget, the costs and expenses incurred by Ada County to house, employ staff, and operate the A:CCEIVI program may be. assessed against the Emergency Management Fund as any other business expense. S. Term of Agreement. The Term of this Agreement shall be from the 7th day of March, 2016 to September 30, 2016, Each Participant may, solely at its option, and when and if it duly budgets and appropriates funds therefore from revenues legally available to it for the ensuing fiscal year, renew this Agreement for additional annual Renewal Terms, Each annual renewal of this Agreement shall be deemed to be exercised by the Participant upon the adoption by September 15 of any year, of a budget of the ensuing fiscal year, duly budgeting and appropriating the amount of money required to make the payments payable for the next fiscal year by the Participant pursuant to this Agreement, Within ten (10) days following the adoption of a budget duly budgeting and appropriating said funds of the AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT — PAGE 5 nAemergeney mgmAaccemlaccem 20(6 joint powers agnnt.doex ensuing year, the approving Participant shall deliver to the Chairman of the Board a written statement certifying that it has duly budgeted and app.rolsriated said funds for the ensuing year, which written statement shall be accompanied by a copy of the budget so adopted and a certified copy of the resolution or other official action of the Partic'ipant's governing board adolzting said budget alfd appropriating said funds. The due approl7_riation of funds as aforesaid shall constitute a valid and enforceable obligation of the. Participant for the payment of such Funds for the purposes provided herein, and shall not be subject to abatement for any cause, Each Renewal Term shall commence on October f of the fiscal year following adoption of the Epi►dget as provided hereinabove and. shall terminate on September 30 of the following calendar year. G. Withdraiwil or Termination, Any Participant may withdraw from this joint powers agreement at any time by resolution duly adopted by the Participant and upon written notice to ACCEN>; provided, however, no party shall be entitled to a refund of its Membership Dues which have been paid, Upon such withdrawal, the withdrawing party shall no longer be entitled to be a member of ACCEM nor shall it be entitled to receive ACCEM`s belte.fits or services, In addition, ACCEM, upon the affirmative, vote of two-thirds (2/3) of its representatives, may terminate any party to this agreement far failure to pity its Membership Dues within thirty (30) days of written demand for su011 dues. 7, Amendment, This Agreement may be amended only by a writing signed and duly authorized by resolution of each Participant. 8. Comiterpnets, This Agreement may be executed in any number of counterparts anti once so executed by all parties thereto, each such counterpart shall be deenictl to be an original insti•Llment but all such counterparts together shall constitute but one agreement. 9, Recitals and .Exhibits. Tile recitals to this Agreement and any exhibit attached hereto are incorporated herein by this reference as if set forth in full hevein. IN WITNESS WHEREOF, this Agreement is executed effective as of the day and year first above written, ADA CO—IJNTY By: Dated: ATTI S�'A— Christopher D. Rich, Ada County CIerk AMENDED EMERGENCY MANAGEMENTMNT POWERS AGREEMENT— PAGE 6 nAemergency 2016 joint po%%Vs no nit,docx ADA COUNIX HIGHWAY DISTRIQT By: _W bated: President ATTEST: On OF BOISE By: Dated: Mayor CITX OF EAGLE Cln OF GARDEN CIT Y Mayor ATTEST: Dated: ATTEST: Dated: ,ATTEST: AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT- PAGE 7 naemergency mgmtlacecm\aecem 2016 joint powers agnnt.docx CITY OF �A Sm 1.2 Mayor CITY OF STAR I. Mayon Dated: ATTEST: 60!, Cilv 0 ,'$w ate _ XA �� C g IDRAN O ` IAHO ��s��r1 S� SEAL \� I,TFST: R 5 Ihe TREP JP Dated: ATTEST: AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT .-- PAGE 8 nAcinergencymgmttxcccmlaeecm 2016jobit powers agmit.docx Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Proclamation Proclamation for Building Safety Month MEETING NOTES 5A Qay a✓ a M tAY ,� ; oar r�son , Saw^ `mac., e-�r- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: �-A Annual Update by Ada County Assessor Bob McQuade 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: May 3, 2016 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: NN, Mayor's Office: Mayor's Youth Advisory Council (MVAC) Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: 6H PROJECT NUMBER: C 4bl) ITEM TITLE: C Op,�r-Ao, 1.0 Resolution No. I u ® 113 Youth Advisory Council : Updated Bylaws of the Mayor's CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 1 6 a 11 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER A RESOLUTION ADOPTING THE UPDATED BYLAWS OF THE MAYOR'S YOUTH ADVISORY COUNCIL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at its meeting on April 25, 2016, the Mayor's Youth Advisory Council voted unanimously to recommend to City Council that it approve the `Bylaws of Mayor's Youth Advisory Council of the City of Meridian, Idaho, as Amended on April 25, 2016," attached hereto as Exhibit A; WHEREAS, the City Council of the City of Meridian deems the approval of such bylaws to be in the best interest of MYAC, in that they provide a framework for efficient operation of that organization; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City Council of the City of Meridian hereby approves the Bylaws of Mayor's Youth Advisory Council of the City of Meridian, Idaho, as Amended on April 25, 2016, attached hereto as Exhibit A. 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, on May 3, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, on May 3, 2016. APPROVED: y de Weerd ATTEST: Cita ur _ E rDIAN IDAHO By: m SEAL Jacy Jones, City­CTe RESOLUTION ADOPTING UPDATED MYAC BYLAWS Page 1 of 6 EXHIBIT A BYLAWS OF THE MAYOR'S YOUTH ADVISORY COUNCIL OF THE CITY OF MERIDIAN, IDAHO As Amended on April 25, 2016 WHEREAS, the youth of the City of Meridian, Idaho (hereinafter "the City") constitute a resource of ideas, knowledge and experience with respect to the City and its affairs; and WHEREAS, the Mayor of the City of Meridian (hereinafter "the Mayor") desires and seeks input from the youth into the affairs and issues of the City through a Mayor's Youth Advisory Council; and WHEREAS, the students of Meridian area high schools are willing to devote their time and energy into improving the City and the community and to encourage local youth to become more familiar with the workings of local government through education and participation through the Mayor's Youth Advisory Council; WHEREAS, the Mayor's Youth Advisory Council was established on February 15, 2005, and the City Council of the City of Meridian subsequently adopted Resolution nos. 05-461, 06- 537, 07-568, 08-637, which effectuated previous iterations of the Bylaws of the Mayor's Youth Advisory Council; NOW, THEREFORE, the Mayor's Youth Advisory Council hereby adopts the following bylaws, as amended. ARTICLE I. INTENT The intent in preparing and adopting these bylaws is to provide a framework for organization of the Mayor's Youth Advisory Council, its actions and agenda. It is not the intent of the City, or the officers and members hereinafter described to create a legal entity of any sort including without limitation, a corporation, non-profit corporation, limited liability company, partnership nor any other business or quasi -public entity. ARTICLE 11. OFFICES The principal location of the Mayor's Youth Advisory Council shall be at the Office of the Mayor, 33 E. Broadway Avenue, Meridian, Idaho 83642, The Mayor's Youth Advisory Council may have such other offices as the Executive Committee may designate or as the business of the Mayor's Youth Advisory Council may require from time to time. ARTICLE III. MEMBERSHIP AND MEETINGS Section 1. Monthly Meetings. The Mayor's Youth Advisory Council shall hold eighteen (18) meetings during the school year, two (2) in each of the months between September and May of the school year. The meetings shall be held the 2"d and 4`h Monday of each month. These meetings will be held as regularly scheduled unless otherwise noticed. MYAC BYLAWS — UPDATED APRIL 25, 2016 Page 1 of 5 Section 2, Special Meetings, Special meetings of the members, for any purpose or purposes, may be called by the Executive Committees. Section 3. Place of Meeting. The Executive Committee may designate any place as the place of meeting called by the Executive Committee. If no designation is made, or if a special meeting be otherwise called, the place of meeting shall be the principal location of the Mayor's Youth Advisory Council. Section 4. Notice of Meeting. Written notice stating the place, day and hour of the meeting and, shall be delivered not less than forty-eight (48) hours nor more than thirty (30) days before the date of the meeting, either personally, by e-mail, or by regular mail, by or at the direction of the chairperson, or the secretary, to each member of record entitled to vote at such meeting. The notice of a regular or special meeting of the Mayor's Youth Advisory Council shall specify the purpose of the meeting, including amendment to these bylaws, or business to be transacted at such meeting and the agenda to be considered, Section 5. Quorum. A quorum of the Executive Committee shall constitute a quorum for purposes of conducting a duly noticed Mayor's Youth Advisory Council meeting. Section 6. Membership, Membership on the Mayor's Youth Advisory Council is open to all high school students in the 9th through 12`h grades who either: attend a West Ada School District school located in Meridian; or another high school located in Meridian; or who live in the City limits of Meridian with a strong interest to be involved in the future of the City of Meridian and attend a school outside the City of Meridian. Representation and involvement is encouraged from the following schools: Mountain View High School, Meridian Academy, Central Academy, Meridian Technical Charter High School, Cole Valley Christian School, Meridian Medical Arts Charter School, Meridian High, or Rocky Mountain High School. Section 7. Voting. All Members present shall be the voting members of the Mayor's Youth Advisory Council. ARTICLE IV. EXECUTIVE COMMITTEE Section 1. General Powers and duties. The business and affairs of the Mayor's Youth Advisory Council shall be managed by the Executive Committee, The Executive Committee, along with the Mayor, shall be responsible for planning the agenda for the school year and for each of the monthly meetings of the Mayor's Youth Advisory Council, setting and proposing potential subcommittees, and discharging any other responsibilities assigned by the Executive Committee. Section 2. Officers: Number, Tenure and Qualifications. There shall be nine (9) members from the body of membership of the Mayor's Youth Advisory Council who serve as officers on the Executive Committee. Officers shall be elected by the membership at the last meeting of the year for the next school year. The officers of the Executive Committee shall consist of a chairperson, a vice -chairperson (or chairman -elect), secretary, treasurer, and historian. The chairperson may not serve for more than two consecutive terms. Officers are to MYAC BYLAWS — UPDATED APRIL 25, 2016 Page l of 5 be selected as "at -large" representatives. At the first meeting of the subsequent school year, the remaining members of the Executive Committee shall be elected and shall consist of a representative from each of the traditional high schools in the City (Meridian, Mountain View, and Rocky Mountain) as well as one "at large" representative from one of the remaining high schools or high school students within the City. If no candidate(s) from the respective schools applies then the candidate(s) may be selected "at large," The remaining members as detailed above shall constitute the rest of the Executive Committee. The non -officers can be assigned specific duties or may assist the designated officers with their respective duties. Section 3. Regular Meetings. A regular meeting of the Executive Committee may be held without notice other than this bylaw, at times and dates established by the Executive Committee, The Executive Committee shall provide, by resolution, the time and place for the holding one (1) additional regular meeting during the months of June, July or August immediately following the school year without notice other than such resolution. Additional regular meetings shall be held at the principal office of the Mayor's Youth Advisory Council in the absence of any designation in the resolution. Section 4. Special Meetings. Special meetings of the Executive Committee may be called by or at the request of the chairperson or other officer, and shall be held at the principal office of the Mayor's Youth Advisory Council or at such other place as the Executive Committee may determine. Section 5. Notice. Notice of any additional or special meeting of the Executive Committee shall be given as outlined above in Article III, Section 4 of these bylaws. The notice shall specify the purpose, agenda, or business to be transacted at, the meeting. Section 6. Quorum. A majority of the number of Executive committee members as fixed by these bylaws (i.e,: five) shall constitute a quorum for the transaction of business at any meeting of the Executive Committee. If the quorum is Lost during the course of the meeting the official meeting is over. Section 7. Election and Term of Office. The officers to be elected annually as described in Article IV, Section 2. Each officer shall hold office until resignation, termination and removal, or disqualification as herein provided, Section 8. Vacancies. Any vacancy occurring on the Executive Committee because of resignation, removal, disqualification, or other reason shall be filled in the same manner as required for the election of officers by these bylaws. An officer elected to fill a vacancy shall serve the unexpired term of the predecessor in office. Resignation is the voluntary choice of the Committee member to relinquish his or her duties and position. Termination and removal is an action taken by the Mayor's Youth Advisory Council acting at regular meeting and must be by motion and second to remove the Executive Committee member for cause for failure or refusal to perform the duties of his or her respective office. A two-thirds majority of the members present must be in the affirmative to terminate and remove the Committee member, Disqualification shall apply when a member no longer is a student eligible to participate in this Council by suspension or expulsion from the School or moving from the School District. No MYAC BYLAWS — UPDATED APRIL 25, 2016 Page 2 of 5 action by the Mayor's Youth Advisory Council is necessary other than acknowledging proof that the Committee member is no longer qualified to hold office. Section 9. Powers and Duties. In addition to the powers and duties enumerated below, powers and duties of the several officers shall be as provided from time to time by resolution or directives of the members. The chairperson shall preside over and conduct all meetings of the Mayor's Youth Advisory Council. and of the Executive Committee, determining agendas for the monthly meetings of the Mayor's Youth Advisory Council and the Executive Committee, act as spokesperson for the Mayor's Youth Advisory Council, act as signatory on all documents for which the Mayor's Youth Advisory Council provides authorization to sign, delegate authority to any officer or member of the Mayor's Youth Advisory Council if circumstances so warrant, and act upon any other matters and in the manner authorized by the Mayor's Youth Advisory Council. The vice -chairperson shall act in the place of the chairperson upon the chairperson's absence or inability to act as authorized herein, and take action as delegated by the chairperson. The secretary shall prepare the minutes of each meeting of the Mayor's Youth Advisory Council and Executive Committee prior to the next monthly meeting, prepare and mail the notices of each meeting and prepare and enclose the agendas for each meeting with the notice of such meetings. The treasurer shall be responsible for all financial matters of the Mayor's Youth Advisory Council including the budget and financial reports. The historian shall act as the record keeper of all activities of the Mayor's Youth Advisory Council, shall keep archives of the minutes and agendas, create a yearly scrapbook of the activities of the Mayor's Youth Advisory Council. Section 10. Agendas. Any member of the Mayor's Youth Advisory Council may submit a request for placement of any item on the agenda to any member of the Executive Committee for consideration at the next monthly meeting. Such request shall be placed on the agenda at the discretion of the chairperson and, if placed upon the agenda, shall be considered at a monthly meeting determined by the Executive Committee, provided adequate and sufficient notice of the item for consideration has been given as set forth herein. ARTICLE V. SUBCOMMITTEES Section L Standing committees. The Executive Committee shall be the only standing committee of the Mayor's Youth Advisory Council. Section 2. Ad hoc committees. Any other subcommittees the Mayor's Youth Advisory Council determines are necessary shall be created for the limited term of the remainder of the school year and shall continue during such school year at the discretion of the Mayor's Youth MYAC BYLAWS — UPDATED APRIL 25, 2016 Page 3 of 5 Advisory Council. Such subcommittees shall be created by a majority vote of a quorum of members at any of the scheduled meetings of the members. ARTICLE VI. AMENDMENTS These bylaws may be altered, amended, or repealed, and new bylaws may be adopted by the Executive Committee with prior written notice to the members as provided herein; provided, however, that such alternations, amendments or repeals first be authorized by a two-thirds (2/3) vote of all members of the Mayor's Youth Advisory Council, and provided further that a vote by proxy shall not be permitted. ARTICLE VII. SPONSORS The Mayor's Youth Advisory Council shall not accept sponsorships, gifts, or any other benefit offered by any entity whose primary focus or message is or includes the sale or promotion of alcoholic beverages or tobacco or e -cigarette products. ARTICLE VIII. ADOPTION AND EFFECTIVE DATE The foregoing amended bylaws were regularly adopted at the meeting of the Mayor's Youth Advisory Council, and thereafter ratified by the City Council of. the City of Meridian. These bylaws shall be effective as of the date of adoption by the City Council. MYAC BYLAWS — UPDATED APRIL 25, 2016 Page 4 of 5 Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Ten Mile A Urban Renewal Plan - Receive and Refer Plan to Taxing Entities and Planning & Zoning Commission MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MDC APPROVED (4/265/2016) URBAN RENEWAL PLAN FOR THE TEN MILE ROAD –A URBAN RENEWAL PROJECT THE URBAN RENEWAL AGENCY FOR THE CITY OF MERIDIAN A/K/A THE MERIDIAN DEVELOPMENT CORPORATION CITY OF MERIDIAN, IDAHO Ordinance No. ________ Adopted _________ Effective _________ i TABLE OF CONTENTS Page 100 INTRODUCTION .................................................................................................................. 1 101 General Procedures of the Agency ......................................................................... 4 102 Provisions Necessary to Meet State and Local Requirements ................................ 4 102.1 Conformance with the Idaho Urban Renewal Law of 1965, as Amended . 5 103 History and Current Conditions of the Area ........................................................... 5 104 Purpose of Activities ............................................................................................... 6 105 Open Land Criteria ................................................................................................. 7 200 DESCRIPTION OF PROJECT AREA ............................................................................... 8 300 PROPOSED REDEVELOPMENT ACTIONS .................................................................. 8 301 General .................................................................................................................... 8 302 Urban Renewal Plan Objectives ............................................................................. 9 303 Participation Opportunities and Agreement.......................................................... 11 303.1 Participation Agreements .......................................................................... 11 303.2 City Fees ................................................................................................... 12 304 Cooperation with Public Bodies ........................................................................... 13 305 Property Acquisition ............................................................................................. 13 305.1 Real Property ............................................................................................ 13 305.2 Personal Property ...................................................................................... 16 306 Property Management ........................................................................................... 16 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project ..................................................................... 16 308 Demolition, Clearance, and Building and Site Preparation .................................. 17 308.1 Demolition and Clearance ......................................................................... 17 308.2 Preparation of Building Sites .................................................................... 17 309 Property Disposition and Development ................................................................ 18 309.1 Real Property Disposition and Development ............................................ 18 309.1.1 General .............................................................................. 18 309.1.2 Disposition and Development Documents ........................ 18 309.1.3 Development by the Agency ............................................. 20 309.1.4 Development Plans ........................................................... 21 310 Personal Property Disposition............................................................................... 21 311 Rehabilitation and Conservation ........................................................................... 21 312 Participation with Private Development or Public Development ......................... 21 313 Conforming Owners.............................................................................................. 22 314 Arts Funding ......................................................................................................... 22 400 USES PERMITTED IN THE PROJECT AREA.............................................................. 22 401 Redevelopment Plan Map and Development Strategy ......................................... 22 402 Designated Land Uses........................................................................................... 23 403 [Reserved] ............................................................................................................. 23 404 Public Rights-of-Way ........................................................................................... 23 405 Other Public, Semi-Public, Institutional, and Nonprofit Uses .............................. 24 ii 406 Interim Uses .......................................................................................................... 24 407 General Controls and Limitations ......................................................................... 24 407.1 Construction .............................................................................................. 24 407.2 Rehabilitation and Retention of Properties ............................................... 24 407.3 Limitation on Type, Size, and Height of Buildings .................................. 25 407.4 Open Spaces, Landscaping, Light, Air, and Privacy ................................ 25 407.5 Signs ....................................................................................................... 25 407.6 Utilities ...................................................................................................... 25 407.7 Incompatible Uses ..................................................................................... 25 407.8 Nondiscrimination and Nonsegregation ................................................... 25 407.9 Subdivision of Parcels............................................................................... 25 407.10 Minor Variations ....................................................................................... 25 408 Design for Development ....................................................................................... 26 409 Off-Street Loading ................................................................................................ 27 410 Off-Street Parking ................................................................................................. 27 411 Nonconforming Uses ............................................................................................ 27 412 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement .................................................... 27 500 METHODS OF FINANCING THE PROJECT ............................................................... 28 501 General Description of the Proposed Financing Method ...................................... 28 502 Revenue Bond Funds ............................................................................................ 28 503 Other Loans and Grants ........................................................................................ 28 504 Revenue Allocation Financing Provisions ............................................................ 29 504.1 Economic Feasibility Study ...................................................................... 30 504.2 Assumptions and Conditions/Economic Feasibility Statement ................ 30 504.3 Ten Percent Limitation ............................................................................. 31 504.4 Financial Limitation .................................................................................. 32 504.5 [Reserved] ................................................................................................ 33 504.6 Participation with Local Improvement Districts ....................................... 33 504.7 Issuance of Debt and Debt Limitation ...................................................... 33 504.8 Impact on Other Taxing Districts and Levy Rate ..................................... 33 505 Phasing and Other Fund Sources .......................................................................... 37 506 Lease Revenue, Parking Revenue, and Bonds ...................................................... 37 507 Capital Improvement Contribution Policy ............................................................ 37 508 Improved Street Design and Construction ............................................................ 37 509 Engineers Estimate................................................................................................ 38 510 Time of Payment ................................................................................................... 38 511 Sidewalks .............................................................................................................. 39 512 Memorialization of Agreement ............................................................................. 39 513 Meanings ............................................................................................................... 39 514 Retained Authority ................................................................................................ 39 515 Developer/Owner Initiated Improvements ........................................................... 39 516 Variance ................................................................................................................ 40 517 Agency Contribution ............................................................................................. 40 600 ACTIONS BY THE CITY AND THE COUNTY ........................................................... 40 iii 601 Maintenance of Public Improvements .................................................................. 42 700 ENFORCEMENT ............................................................................................................. 42 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW .................... 42 900 PROCEDURE FOR AMENDMENT ............................................................................... 44 1000 SEVERABILITY .............................................................................................................. 44 1100 ANNUAL REPORT ......................................................................................................... 44 1101 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES ............................................. 44 iv Attachments Attachment 1 Map of Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Description of Urban Renewal Project Area and Revenue Allocation Area Attachment 3 Private Properties Which May be Acquired by the Agency (Limited to Public Improvements and Facilities) Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area Attachment 5.1 Public Improvements within the Revenue Allocation Area Attachment 5.2 Economic Feasibility Study Attachment 5.3 Estimated Net Taxable Value of Growth and New Private Development and Annual Revenue Allocation in the Ten Road -A Urban Renewal Project Attachment 5.4 Estimated Annual Revenues and Costs in the Ten Mile Road – A Urban Renewal Project Attachment 6 Ten Mile Urban Renewal District Eligibility Report – September 2015 Attachment 7 Agricultural Consent 1 URBAN RENEWAL PLAN FOR THE TEN MILE ROAD-A URBAN RENEWAL PROJECT THE URBAN RENEWAL AGENCY FOR THE CITY OF MERIDIAN A/K/A THE MERIDIAN DEVELOPMENT CORPORATION CITY OF MERIDIAN, IDAHO 100 INTRODUCTION This is the Urban Renewal Plan (the “Plan”) for the Ten Mile Road –A Urban Renewal Project (the “Project”) in the city of Meridian (the “City”), state of Idaho, and consists of the text contained herein and the following attachments: Map of the Urban Renewal Project Area and Revenue Allocation Area Map (Attachment 1), The Description of the Urban Renewal Project Area Boundaries and Revenue Allocation Area (Attachment 2), Private Properties Which May be Acquired by Agency (Limited to Public Improvements and Facilities) (Attachment 3), Map Depicting Expected Land Uses and Current Zoning within Project Area (Attachment 4), Public Improvements within the Revenue Allocation Area (Attachment 5.1), Economic Feasibility Study (Attachment 5.2), Net Estimated Taxable Value of Growth and New Private Development and Annual Revenue Allocation in the Ten Mile Road – A Urban Renewal Project (Attachment 5.3), Estimated Annual Revenues and Costs in the Ten Mile Road - A Urban Renewal Project (Attachment 5.4), Agricultural Consent (Attachment 6). The term “Project” is used herein to describe the overall activities defined in this Plan and conforms to the statutory definition of an urban renewal project. Reference is specifically made to Idaho Code Sections 50-2018(10) and 50-2903(13) for the various activities contemplated by the term “Project.” Such activities include both private and public development of property within the urban renewal area. The term “Project” is not meant to refer to a specific 2 activity or development scheme. The Ten Mile Road – A Project Area is also referred to as the Project Area. This Plan was prepared by the Board of Commissioners, consultants, and staff of the Urban Renewal Agency for the City of Meridian, also known as the Meridian Development Corporation (the “Agency”) and reviewed and recommended by the Agency pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the “Law”), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the “Act”), and all applicable local laws and ordinances. The proposed redevelopment of the Project Area as described in this Plan conforms to The City of Meridian 2013 Comprehensive Plan, as amended (the “Comprehensive Plan”), and adopted by the City Council (the “City Council”). The Project Area is part of the Ten Mile Interchange Specific Area Plan within the Comprehensive Plan. The application of the Comprehensive Plan is contained in the eligibility report included as Attachment 6. Development activities within the Project Area are to conform with the Comprehensive Plan. The Agency may create several planning and implementation documents that generally describe the overall Project and identify certain specific public and private capital improvement projects. Because of the changing nature of the Project, these documents, by necessity, must be dynamic and flexible. The Agency anticipates that these documents will be refined as circumstances warrant. Any refinement, however, shall not be deemed as an amendment or modification of this Plan. No refinement will be deemed effective if it is in conflict with this Plan. The planning and implementation documents are purposely flexible and do not constitute specific portions of the Plan. Provided, however, prior to the adoption of any planning or implementation document or proposed refinement to any planning or implementation document, the Agency shall notify the City and publish a public notice of such proposed refinement at least thirty (30) days prior to the consideration of such proposed refinement, thus providing the City and any other interested person or entity an opportunity to comment on said proposed refinement. The Board of Commissioners of the Agency (the “Board”) shall consider any such comments and determine whether to adopt the refinement. The planning and implementation documents apply to redevelopment activity within the Project Area as described herein. In the event of any conflict between this Plan and the appended documents, the provisions of this Plan shall control. The Agency intends to rely heavily on any applicable City design standards which may cover all or part of the Project Area. This Plan provides the Agency with powers, duties, and obligations to implement and further the program generally formulated in this Plan for the redevelopment, rehabilitation, and revitalization of the area within the boundaries of the Project Area. The Agency retains all powers allowed by the Law and Act. Because of the long-term nature of this Plan, and the need to retain in the Agency flexibility to respond to market and economic conditions, property owner and developer interests, and opportunities from time to time presented for redevelopment, this Plan does not present a precise plan or establish specific projects for the redevelopment, rehabilitation, and revitalization of any area within the Project Area, nor does this Plan present specific proposals in an attempt to solve or alleviate the concerns and problems of the 3 community relating to the Project Area. Instead, this Plan presents a process and a basic framework within which specific sub-plans will be presented, specific sub-projects will be established, and specific solutions will be proposed, and by which tools are provided to the Agency to fashion, develop, and proceed with such specific sub-plans, sub-projects, and solutions. Sub-plans and sub-projects and narrower more defined plans and projects within the Plan and Project. Implementation of this Plan will require public co-investment to help stimulate desired private development. Typically, the public will fund enhanced public improvements such as utilities, streets, and sidewalks which, in turn, create an attractive setting for adjacent private investment for residential, industrial, office, and commercial facilities. The particular projects or redevelopment projects by private entities described herein are not intended to be an exclusive or exhaustive list of potential redevelopment activity. Allowed projects are those activities which comply with the Law and the Act and meet the overall objectives of this Plan. The public-private relationship is crucial in the successful redevelopment of the Project Area. The purpose of the Urban Renewal Law will be attained through and the major goals of this Plan are: a. The elimination of environmental deficiencies in the Project Area, including, among others, inadequate public improvements including certain streets and improvements; improvements to public utilities including water and sewer improvements and fire protection systems; streetlights; other public improvements (including public buildings and facilities); removal, burying, or relocation of overhead utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; improvement of storm drainage facilities; and environmental remediation of Brownfield sites; b. The assembly of land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area; c. The re-planning, redesign, and development of undeveloped or underdeveloped areas which are stagnant or improperly utilized because of limited traffic access, underserved utilities, and other site conditions; d. The strengthening of the economic base of the Project Area and the community by the installation of needed site improvements to stimulate new private development providing, employment, and economic growth; e. The provision of adequate land for parks, open space, street rights-of-way and pedestrian/bicycle facility rights-of-way; 4 f. The reconstruction and improvement of street corridors to allow traffic flows to move through and around the Project Area along with the accompanying utility connections, through the Project Area; g. The provision of public service utilities such as water system improvements, sewer system improvements and improvements to storm drainage facilities (as part of larger City systems, much of which may be located outside the Project Area); h. The establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area, including commitment of funds for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; i. The strengthening of the tax base by encouraging private development, thus increasing the assessed valuation of properties within the Revenue Allocation Area and the Project Area as a whole and benefiting the various taxing districts in which the urban renewal area is located; and j. The funding of necessary public infrastructure to accommodate both public and private development. 101 General Procedures of the Agency The Agency is an established public body, corporate and politic, as defined and described under the Law and the Act. The Agency is also governed by its bylaws as authorized by the Law and adopted by the Agency. Under the Law, the Agency is governed by the Idaho open meeting law, the Public Records Act, the Ethics in Government Act, financial reporting requirements, and the competitive bidding requirements under Chapter 28, Title 67, Idaho Code. Generally, the Agency conducts its business in open session and allows meaningful public input as needed by the issue considered or by any statutory or regulatory provision. Whenever in this Plan it is stated that the Agency may refine, modify, change, or adopt certain policy statements or contents of this Plan not requiring a formal amendment to the Plan as required by the Law or the Act, it shall be deemed to mean a consideration by the Board of such policy or procedure, duly noticed upon the Agency meeting agenda and considered by the Agency at an open public meeting and adopted by a majority of the Board members present, constituting a quorum, unless any bylaw, provision of law, or provision herein provides otherwise. 102 Provisions Necessary to Meet State and Local Requirements 5 102.1 Conformance with the Idaho Urban Renewal Law of 1965, as Amended a. The laws of the state of Idaho require that an urban renewal plan be prepared for an area certified as an urban renewal area by the City Council. The Project Area was originally certified by the City Council by Resolution No. 16-1119 on February 9, 2016. b. With the adoption of Resolution No. 16-1119, the City Council found the Project Area a deteriorated and deteriorating area existing in the City as defined by the Law and Act, and authorized the preparation of an urban renewal plan. c. In accordance with the Law and Act, the necessary agricultural consents were obtained from owners of any agricultural operations within the Project Area that have been used as an agricultural operation for three consecutive years. A copy of the agricultural consent is attached hereto as Attachment 6 d. In accordance with the Law, this Plan was submitted to the Planning and Zoning Commission of the City. After consideration of the Plan, the Commission reported to the City Council stating that this Plan is in conformity with the Comprehensive Plan of the City of Meridian. e. Pursuant to the Law, and Act, the City Council having published due notice thereof, a public hearing was held on this Plan. Notice of the hearing was duly published in a newspaper having general circulation. The City Council adopted this Plan on ___________ __, 2016, by Ordinance No. _____. 103 History and Current Conditions of the Area This Project Area is located north of Interstate 84, east of Ten Mile Road and south of Franklin Road. The area is part of a larger planning area designated as the Ten Mile Interchange Specific Area Plan adopted by the Meridian City Council in June of 2007. The area consists of approximately 301acres, included in 16 tax parcels under three separate ownerships. The Plan calls for inclusion of adjacent public rights-of-way not included in the totals above. While the Ten Mile Interchange Specific Area Plan calls for intense residential and commercial development consistent with proximity to major transportation access, the implementation of that Plan has not materialized due to the high cost of infrastructure development and the lack of public and private funding mechanisms to support the cost burden. Therefore, the implementation of the Plan and thus the normal growth of the city has been impeded. 6 The Project Area remains in agricultural use with no urban level infrastructure existing within the area except for the area improvements made within the adjacent arterial rights-of-way (Ten Mile and Franklin Roads). Thus the current development pattern remains inconsistent with the established vision for the area as expressed in both the Ten Mile Interchange Specific Area Plan and the City of Meridian Comprehensive Plan, of which it is a part. Implementation activities as provided for in this Plan will allow for development consistent with the adopted plans. What development does exist within the Project Area relates to the historic agricultural uses, and while perhaps appropriate for the continuation of that use, is functionally obsolete when considered in the context of the adopted plans of the City of Meridian. Part of the original Study Area considered for this Project Area was located within unincorporated Ada County. Including such properties is permissible under State Law with an intergovernmental agreement between the City and the County. However, most of the properties included with the Study Area were annexed into the city limits resulting in the final boundaries of the Project Area fully under the jurisdiction of the City of Meridian obviating any need for an intergovernmental agreement. The Plan primarily includes improvements to public infrastructure, creating the framework for the development of residential and commercial property and the provision of public parks, open spaces and/or other public recreation areas. The Plan also includes remediation of environmental conditions that may exist in the Project Area. Most of the Project Area is underdeveloped or vacant and is not being used to its highest and best use due to deteriorating structures, the age and obsolescence of infrastructure, the predominance of defective or inadequate street layout, outmoded street patterns, need for modern traffic requirements, insanitary and unsafe conditions, faulty lot layout and inadequate utility infrastructure needed for a larger development. The foregoing conditions have arrested or impaired growth in the Project Area. The preparation and approval of an urban renewal plan, including a revenue allocation financing provision, gives the community additional resources to solve the public infrastructure problems in this area. Revenue allocation financing will help to improve the situation. In effect, property taxes generated by new developments within the Project Area may be used by the Agency to finance a variety of needed public improvements and facilities. Finally, the new developments will also generate new jobs in the community that will, in turn, benefit the Project Area, city and county residents. Additional history of the Project Area is contained in the Eligibility Report which is included as Attachment 6. 104 Purpose of Activities The description of activities, public improvements, and the estimated costs of those items are intended to define the limit of the Agency’s activity. The Agency reserves the right to change amounts from one category to another. The aforementioned costs are estimated and may 7 fluctuate based on market conditions and the passage of time. The Agency does not anticipate that the overall total amount estimated will substantially exceeded but projections are based on current information and conditions. The items and amounts are not intended to relate to any one particular development, developer, or owner. Rather, the Agency intends to discuss and negotiate with any owner or developer who seeks Agency assistance. During such negotiation, the Agency will determine, on an individual basis, the eligibility of the activities sought for Agency funding, the amount the Agency may fund by way of percentage or other criteria including the need for such assistance. The Agency will also take into account the amount of revenue allocation proceeds estimated to be generated from the developer’s activities. The Agency also reserves the right to establish by way of policy, its funding percentage or participation, which would apply to all developers and owners. Throughout this Plan, there are references to Agency activities, Agency funding, and the acquisition, development, and contribution of public improvements. Such references do not necessarily constitute a full, final, and formal commitment by the Agency but, rather, grant to the Agency the discretion to participate as stated subject to achieving the objectives of this Plan and provided such activity is deemed eligible under the Law and the Act. In some respects, the activities listed in Attachments 5.1-5.4 are concepts which will be determined or prioritized as the overall Project Area develops. The Agency reserves the right to prioritize the projects described in this Plan. The Agency also reserves the right to retain its flexibility in funding the various activities. The Agency also reserves its discretion and flexibility in deciding which improvements should be funded and what level, whether using its own funds or funds generated by other sources. One of the purposes of this Plan is to facilitate the creation of family wage jobs as defined by the State of Idaho. The activities listed in Attachments 5.1-5.4 are also prioritized by way of importance to the Agency by the amounts funded, and by year of funding, with earlier years reflecting the more important activities, achievement of higher objectives, long-term goals, and commitments. As required by the Law and Act, the Agency will adopt more specific budgets annually. 105 Open Land Criteria Such open land areas may be acquired by the Agency and developed if such acquisition is needed to solve various problems, associated with the land or the public infrastructure, that have retarded its development. These problems may include defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout, all of which are included in one form or another in the Section 50-2903(8)(b) definition of deteriorated area. The problems that are listed only in Section 50-2008(d)(4)(2) (the open land section) include economic disuse, unsuitable topography, and “the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area.” 8 Such areas qualify if any of the standard 50-2018(8), (9) and 50-2903(8) characteristics apply. But such areas also qualify if any of the problems listed only in 50-2008(d)(4)(2) apply. Clearly, lack of water and sewer facilities, a deficient street system and lack of fire protection facilities are all conditions which retard development of the open land areas. 200 DESCRIPTION OF PROJECT AREA The boundaries of the Project Area and the Revenue Allocation Area are shown on the Project Area and Revenue Allocation Boundary Map, attached hereto as Attachment 1 and incorporated herein by reference, and are described in the Description of the Project Area and Revenue Allocation Area, attached hereto as Attachment 2 and incorporated herein by reference. For purposes of boundary descriptions and use of proceeds for payment of improvements, the boundary shall be deemed to extend to the outer boundary of rights-of-way located within the corporate limits of the City of Meridian or other natural boundary unless otherwise stated. 300 PROPOSED REDEVELOPMENT ACTIONS 301 General The Agency proposes to eliminate and prevent the spread of deteriorating conditions and deterioration in the Project Area by any of the following means: a. The acquisition of certain real property (if needed); b. The demolition or removal of certain buildings and improvements for public rights-of-way for streets, utilities, walkways, and other improvements, for public facility building sites, to eliminate unhealthful, unsanitary, or unsafe conditions, enhance density, eliminate obsolete or other uses detrimental to the public welfare or otherwise to remove or to prevent the spread of deteriorating or deteriorated conditions; c. The provision for participation by property owners within the Project Area to achieve the objectives of this Plan; d. The management of any property acquired by and under the ownership and control of the Agency; e. The provision for relocation assistance to displaced Project Area occupants, as needed and required by law; f. The installation, construction, or reconstruction of streets, utilities, including electrical distribution and transmission lines in underground configuration, if needed to encourage new developments, fiber optic or other communication systems, parking facilities, and other public improvements, including, but not limited to, irrigation and drainage laterals and ditches, canal crossings, storm 9 drain systems, water and sewer improvements, fire protection systems, traffic signals, streetlights, sidewalks, curbs, gutters, and other public improvements, including public or other community facilities or buildings owned or occupied by the Agency or other public agencies, including the City’s walkways, public open spaces, community centers, cultural centers and visitors or information centers as may be deemed appropriate by the Board; g. The disposition of property for uses in accordance with this Plan; h. The redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; i. The rehabilitation of structures and improvements by present owners, their successors, and the Agency; j. The preparation and assembly of adequate sites for the development and construction of facilities for industrial, commercial, retail, residential and governmental use; k. To the extent allowed by law, lend or invest federal funds to facilitate redevelopment; and l. The construction of foundations, platforms, and other like structural forms necessary for the provision or utilization of air rights, sites for buildings to be used for residential, commercial, industrial, and other uses contemplated by the Plan, and to provide utilities to the development site. In the accomplishment of these purposes and activities and in the implementation and furtherance of this Plan, the Agency is authorized to use all the powers provided in this Plan and all the powers now or hereafter permitted by law. 302 Urban Renewal Plan Objectives Urban renewal action is necessary in the Project Area to combat problems of physical deterioration or deteriorating conditions. The Project Area and revenue allocation area consist of approximately 301.45 acres of property. The Project Area boundaries are specifically identified on Attachments 1 and 2. As set forth in greater detail in Section 103, the Project Area has a history of a slow-growing tax base primarily attributed to undeveloped or underdeveloped properties, a number of deteriorating and/or deteriorated structures, deteriorated and vacant lots, faulty lot layout, lack of adequate public infrastructure, potential environmental issues and other deteriorating factors. Site preparation, remediation of any environmental issues, enhancement of open areas and public recreation facilities, enhancement of infrastructure, including sidewalk, curb, gutter, 10 improvements to water and sewer facilities, as well as, remediating any drainage issues will enhance the overall development of the Project Area. Hence, the Plan for the Project Area is a proposal for street and utility improvements to provide an improved environment for new retail, residential and commercial facilities, public improvements or facilities, including but not limited to construction of public facilities or buildings, the elimination of unsafe conditions, and to otherwise prevent the extension of deterioration and reverse the deteriorating action of the area. Air rights and subterranean rights may be disposed of for any permitted use within the Project Area boundaries. Less than fee acquisition may be utilized by the Agency when and if necessary to promote redevelopment in accordance with the objectives of the Plan. Temporary project improvements may be provided to facilitate adequate vehicular and pedestrian circulation. The provisions of this Plan are applicable to all public and private property in the Project Area. The provisions of the Plan shall be interpreted and applied as objectives and goals, recognizing the need for flexibility in interpretation and implementation, while at the same time not in any way abdicating the rights and privileges of the property owners which are vested in the present and future zoning classifications of the properties. All development under an owner participation agreement shall conform to those standards specified in Section 303.1 of this Plan. This Plan must be practical in order to succeed. Particular attention has been paid to how it can be implemented, given the changing nature of market conditions. Transforming the Project Area into a vital, thriving part of the community requires an assertive strategy. The following list represents the key elements of that effort: a. Initiate simultaneous projects designed to revitalize the Project Area. From street and utility improvements to significant new development, the Agency plans a key role in creating the necessary momentum. b. Develop new residential and commercial opportunities encouraging economic development. Without direct public intervention, much of the Project Area could conceivably remain unchanged for the next several years. It is anticipated that success will come through public- private partnerships as appropriate to accomplish Plan goals. The Plan creates the necessary flexible framework for the Project Area to support the City’s economic development. Land use in the Project Area will be modified to the extent that obsolete buildings and land now devoted to inconsistent uses will be converted to professional offices, residential housing, commercial structures, public and private parking, and/or public/semi-public uses. In 11 implementing the activities described in this Plan, the Agency shall give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of residents in the general vicinity of the site covered by the Plan. 303 Participation Opportunities and Agreement 303.1 Participation Agreements The Agency may enter into an owner participation agreement with any existing or future owner of property, in the event the property owner seeks and/or receives assistance from the Agency in the redevelopment of the property. In that event, the Agency may allow for an existing or future owner of property to remove the property and/or structure subject to such an agreement from future Agency acquisition. Each structure, infrastructure and building in the Project Area to be rehabilitated or to be constructed as a condition of the owner participation agreement between the Agency and the owner pursuant to this Plan will be considered to be satisfactorily rehabilitated and constructed, and the Agency will so certify, if the rehabilitated or new structure or infrastructure meets the following standards through an executed owner participation agreement to meet conditions described below. a. Any such property within the Project Area shall be required to conform to all applicable provisions, requirements, and regulations of this Plan. The owner participation agreement may require as a condition of financial participation by the Agency a commitment by the property owner to meet the greater objectives of the land use elements identified in the Comprehensive Plan, and applicable zoning ordinances. Upon completion of any rehabilitation each structure must be safe and sound in all physical respects and be refurbished and altered to bring the property to an upgraded marketable condition that will continue throughout an estimated useful life for a minimum of twenty (20) years. b. All such buildings or portions of buildings which are to remain within the Project Area shall be rehabilitated in conformity with all applicable codes and ordinances of the City. c. Any new construction shall also conform to all applicable provisions, requirements, and regulations of this Plan. d. Any new construction shall also conform to all applicable codes and ordinances of the City of Meridian as well as other applicable local, state and federal laws and regulations. 12 All such agreements will address phasing issues (as needed), justification and eligibility of project costs, and achievement of the objectives of the Plan. Agency shall retain its discretion in the funding level of its participation. In such participation agreements, participants who retain real property shall be required to join in the recordation of such documents as may be necessary to make the provisions of this Plan applicable to their properties. Whether or not a participant enters into a participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project Area as those owning said property seek any form of assistance, cooperation or support from the Agency. In the event a participant fails or refuses to rehabilitate, develop, use, and maintain its real property pursuant to this Plan and a participation agreement, the real property or any interest therein may be acquired by the Agency in accordance with Section 305.1 of this Plan and sold or leased for rehabilitation or development in accordance with this Plan. Owner participation agreements may be used to implement the following objectives: a. Encouraging established businesses to revitalize any deteriorating areas of their parcels to accelerate the enhancement of the street environment in the Plan area. b. Subject to the limitations of the Law and the Act, providing incentives to existing business owners to encourage continued utilization and expansion of existing permitted uses to prevent properties from falling into disuse, a proliferation of vacant and deteriorated parcels and a reduction in area employment. c. Recognizing the right of existing nonconforming uses to continue in accordance with applicable law and to accommodate improvements and expansions as allowed by applicable law. d. Subject to the limitations of the Act, providing incentives to improve nonconforming properties so they implement the design guidelines contained in this Plan to the extent possible and to encourage an orderly transition from nonconforming to conforming uses over the next twenty (20) years. e. Provide reimbursement for previously constructed public infrastructure improvements if the Agency determines that said improvements were completed recently enough to be sufficiently connected to the purposes, goals and objectives of the Plan and otherwise meet the criteria and requirements of the Plan. 303.2 Public Agency Fees For any development covered by an owner participation agreement or disposition and development agreement, the Agency shall have the authority, but not the obligation, to consider the payment of all or part of any public agency fee assessed on the development from revenue allocation proceeds to the extent allowed by law. 13 304 Cooperation with Public Bodies Certain public bodies are authorized by state law to aid and cooperate, with or without consideration, in the planning, undertaking, construction, or operation of this Project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. All plans for development of property in the Project Area by a public body shall be subject to Agency approval, in the event the Agency is providing any financial assistance. Subject to applicable authority, the Agency may impose on all public bodies the planning and design controls contained in this Plan to insure that development or redevelopment of property within the Project Area owned by public bodies will conform to the requirements of this Plan. Subject to applicable law, the Agency is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements of the Project Area. The Agency specifically intends to cooperate to the extent allowable with the City of Meridian and the Ada County Highway District (ACHD) (as the case may be) for the construction of street and utility improvements. The Agency shall also cooperate with the City of Meridian and ACHD on various relocation, screening, or underground projects, the providing of fiber optic capability, and the funding of water and sewer improvements. To the extent any public entity, including the City of Meridian, has funded certain improvements such as water and sewer facilities, the Agency may, at the discretion of the Agency Board, reimburse those entities for those expenses should funding be available. The Agency shall also cooperate with any public entity having jurisdiction over rights-of-way for the improvement of roads within the Project Area and with the public bodies responsible for water and sewer improvements. The Agency also intends to cooperate and seek available assistance from state and federal sources for economic development. In the event the Agency is participating in public development, by way of financial incentive or otherwise, the public body receiving assistance from the Agency shall enter into a participation agreement with the Agency and then shall be bound by the Plan and other land use elements and shall conform to those standards specified in Section 303.1 of this Plan. 305 Property Acquisition 305.1 Real Property 14 Generally, the Agency intends to acquire any real property or interests in real property through voluntary measures; however, the Agency is not required to acquire any real property located in the Project Area. Any acquisition shall be by any means authorized by law, including, but not limited to, the Law, the Act, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the Idaho Eminent Domain laws set forth in Title 7, Chapter 7, Idaho Code. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee, including structures and fixtures upon the real property without acquiring the land upon which those structures and fixtures are located. The Agency may, in considerations of the obligations of the developer or owner in any development agreement, waive its rights to acquire the real property covered by the development agreement, if the developer or owner fully performed under the development agreement. Idaho Code Section 7-701A specifically limits the Agency’s ability to exercise eminent domain to involuntarily acquire real property in the Project Area for purposes of conveying property for non-public uses: 7-701A. Limitation on eminent domain for private parties, urban renewal or economic development purposes. (1) This section limits and restricts the use of eminent domain under the laws of this state or local ordinance by the state of Idaho, its instrumentalities, political subdivisions, public agencies, or bodies corporate and politic of the state to condemn any interest in property in order to convey the condemned interest to a private interest or person as provided herein. (2) Eminent domain shall not be used to acquire private property: (a) For any alleged public use which is merely a pretext for the transfer of the condemned property or any interest in that property to a private party; or (b) For the purpose of promoting or effectuating economic development; provided however, that nothing herein shall affect the exercise of eminent domain: (i) Pursuant to chapter 15, title 70 , Idaho Code, and title 42 , Idaho Code; or (ii) Pursuant to chapters 19, 20 or 29, title 50 , Idaho Code, except that no private property shall be taken through exercise of eminent domain within the area of operation of a housing authority or within an urban renewal area or within a deteriorated or deteriorating area or within a competitively disadvantaged border community area unless the specific property to be condemned is proven by clear and convincing evidence to be in such condition that it meets all of the requirements: 1. The property, due to general dilapidation, compromised structural integrity, or failed mechanical systems, endangers life or endangers property by fire or by other perils that pose an actual identifiable threat to building occupants; and 15 2. The property contains specifically identifiable conditions that pose an actual risk to human health, transmission of disease, juvenile delinquency or criminal content; and 3. The property presents an actual risk of harm to the public health, safety, morals or general welfare; or (iii) For those public and private uses for which eminent domain is expressly provided in the constitution of the state of Idaho. (3) This section shall not affect the authority of a governmental entity to condemn a leasehold estate on property owned by the governmental entity. (4) The rationale for condemnation by the governmental entity proposing to condemn property shall be freely reviewable in the course of judicial proceedings involving exercise of the power of eminent domain. It is in the public interest and is necessary, in order to eliminate the conditions requiring redevelopment and in order to execute this Plan, for the power of eminent domain to be retained by the Agency to acquire real property in the Project Area, which cannot be acquired by gift, devise, exchange, purchase, or any other lawful method, for a public purpose or for private redevelopment within the limits described above. However, the Agency’s authority to invoke eminent domain to acquire real property for disposition to private parties for economic development is limited by Idaho Code § 7-701A. Under the provisions of the Act, the urban renewal plan “shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area.” Idaho Code § 50-2018(12). At the present time the Agency has not identified any particular parcel for acquisition for the construction of public improvements or for private redevelopment. These activities are generally described in Attachment 3. Properties which may be subject to acquisition are those parcels which may be vacant or abandoned, parcels which are currently limited in use such as small parcels that could be assembled for redevelopment and those which are significantly deteriorated, parcels which may be adjacent to right-of-way to improve configuration and enlarge parcels for redevelopment, adapt and possibly enlarge an existing building for a new use, reconfigure sites for development and possible extension street or pathway. Other parcels may be acquired for the purpose of facilitating catalyst or demonstration projects, constructing public parking, constructing new streets or pathways, enhancing public spaces, or to implement other elements of the Plan strategy. Generally, the Agency reserves the right to determine which properties, if any, should be acquired. The Agency intends to acquire any real property through voluntary or consensual gift, devise, exchange, or purchase. Such acquisition of property may be for the development of any public improvements identified in this Plan, for the assembly of properties for the purpose of redevelopment of those properties to achieve the objectives of this Plan, and/or for purposes of redevelopment and reuse as identified in the Plan. Such properties may include properties 16 owned by private parties or public entities. The Agency shall coordinate any voluntary property acquisition with any other public entity, as may be necessary. 305.2 Personal Property Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain. For purposes of this Plan, acquisition of certain permanent fixtures or improvements upon real property shall be governed by this section. The Agency retains the right to purchase those fixtures or improvements (including buildings) for the purpose of eliminating certain deteriorated or deteriorated structures to facilitate the redevelopment the real property upon which the buildings and structures are located. Such acquisition shall be based upon appraised value of the structures and negotiation with the owner of the structures. The Agency shall take into account, before committing to such acquisition, any environmental or other liability present or potentially present in such structures. In the event, the Agency determines to acquire such property; it shall do so upon the successful negotiation of an owner participation agreement in compliance with the terms of Section 303.1 of this Plan. In addition, such owner shall commit to the redevelopment of the real property and to maintain the real property in a safe and clean manner. The Agency shall acquire such property by way of any acceptable conveyance. 306 Property Management During such time such property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Subject to applicable law, such property may be rented or leased by the Agency pending its disposition for redevelopment, and such rental or lease shall be pursuant to such policies as the Agency may adopt. 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project If the Agency receives federal funds for real estate acquisition and relocation, the Agency shall comply with 24 C.F.R. Part 42, implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The Agency may also undertake relocation activities for those not entitled to benefit under federal law, as the Agency may deem appropriate for which funds are available. The Agency’s activities should not result in the displacement of families within the area. In the event the Agency’s activities result in displacement, the Agency shall compensate such residents by providing reasonable moving expenses into decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families. The Agency will not participate in any private redevelopment activity which will result in displacement of families unless a method exists for the relocation of displaced families in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families. For any other activity, the Agency will comply with the provisions of the Law regarding relocation. 17 The Agency reserves the right to extend benefits for relocation to those not otherwise entitled to relocation benefits as a matter of state law under the Act or the Law. The Agency may determine to use as a reference the relocation benefits and guidelines promulgated by the federal government, the state government, or local government, including the State Department of Transportation. The intent of this section is to allow the Agency sufficient flexibility to award relocation benefits on some rational basis, or by payment of some lump sum per case basis. The Agency may also consider the analysis of replacement value for the compensation awarded to either owner occupants or businesses displaced by the Agency to achieve the objectives of this Plan. The Agency may adopt relocation guidelines which would define the extent of relocation assistance in non-federally-assisted projects and which relocation assistance to the greatest extent feasible would be uniform. The Agency shall also coordinate with the various local, state, or federal agencies concerning relocation assistance. For displacement of families, the Agency shall comply with, at a minimum, the standards set forth in the Law. The Agency shall also comply with all applicable state laws concerning relocation benefits. If such a program is considered, it shall be adopted by resolution of the Agency Board. 308 Demolition, Clearance, and Building and Site Preparation 308.1 Demolition and Clearance The Agency is authorized (but not required) to lawfully demolish and clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. 308.2 Preparation of Building Sites The Agency is authorized (but not required) to prepare, or cause to be prepared, as building sites, any real property in the Project Area owned by the Agency, including rock removal and site preparation. In connection therewith, the Agency may cause, provide for, or undertake the installation or construction of streets, utilities, storm drainage facilities, and other public improvements necessary to carry out this Plan. The Agency is also authorized (but not required) to construct foundations, platforms, and other structural forms necessary for the provision or utilization of air rights sites for buildings to be used for industrial, commercial, private, public, and other uses provided in this Plan. To the extent allowed by the Law and Act, the Agency may assist in the preparation of building sites by way of reclamation, remediation, or elimination of deteriorated conditions. The Agency is also authorized (but not required) to purchase certain site or building improvements for purpose of site preparation and development. 18 309 Property Disposition and Development 309.1 Real Property Disposition and Development 309.1.1 General For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property under the reuse provisions set forth in the Law. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding. Real property acquired by the Agency may be conveyed by the Agency and, where beneficial to the Project Area, without charge to any public body as allowed by law. All real property acquired by the Agency in the Project Area shall be sold or leased to public or private persons or entities for development for the uses permitted in this Plan. All purchasers or lessees of property acquired from the Agency shall be obligated to use the property for the purposes designated in this Plan, to begin and complete development of the property within a period of time, if any, which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. The Agency shall give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of residents residing in the general vicinity of the site covered by the Plan. 309.1.2 Disposition and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of deteriorating conditions, all real property sold, leased, or conveyed by the Agency, as well as all property subject to participation agreements, is subject to the provisions of this Plan. The Agency shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. Where appropriate, as determined by the Agency, such documents, or portions thereof, shall be recorded in the office of the Recorder of Ada County. 19 All property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, color, creed, religion, sex, age, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, disability/handicap, tenure, or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to a participation agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as required by law. The land and/or air rights and subterranean rights acquired by the Agency will be disposed of subject to an agreement between the Agency and the developers. The developers (including owner/participants) will be required by the contractual agreement to observe the Land Use and Building Requirements provision of this Plan and to submit a redevelopment schedule satisfactory to the Agency. Schedule revisions will be made only at the option of the Agency. As required by law or as determined in the Agency’s discretion to be in the best interest of the Agency and the public, the following requirements and obligations shall be included in the agreement. That the developers, their successors, and assigns agree: a. That a plan and time schedule for the proposed development shall be submitted to the Agency. b. That the purchase or lease of the land and/or subterranean rights and/or air rights is for the purpose of redevelopment and not for speculation. c. That the building of improvements will be commenced and completed as jointly scheduled and determined by the Agency and the developer(s). d. That there will be no discrimination or segregation based upon race, color, creed, religion, sex, age, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, disability/handicap, tenure, or enjoyment of the premises or any improvements erected or to be erected thereon, therein conveyed; nor will the Developer himself or any person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, or vendees in the premises or any improvements erected, or to be erected thereon, therein conveyed. The above provision will be perpetual and will be appended to the land disposed of within the Project Area by the Agency. e. That the site and construction plans will be submitted to the Agency for review as to conformity with the provisions and purposes of this Plan. 20 f. All new construction shall have a minimum estimated life of no less than twenty (20) years. g. That rehabilitation of any existing structure must assure that the structure is safe and sound in all physical respects and be refurbished and altered to bring the property to an upgraded marketable condition which will continue throughout an estimated useful life for a minimum of twenty (20) years. h. That the Agency receives adequate assurance acceptable to the Agency to ensure performance under the contract for sale. i. All such buildings or portions of the buildings which are to remain within the Project Area shall be reconstructed in conformity with all applicable codes and ordinances of the City. j. All disposition and development documents shall be governed by the provisions of Section 408 and 412 of this Plan. The Agency also reserves the right to determine the extent of its participation based upon the achievements of the objectives of this Plan 309.1.3 Development by the Agency To the extent now or hereafter permitted by law, the Agency is authorized to pay for, develop, or construct any publicly-owned building, facility, structure, or other improvement within the Project Area for itself or for any public body or entity, which buildings, facilities, structures, or other improvements are or would be of benefit to the Project Area. Specifically, the Agency may pay for, install, or construct the buildings, facilities, structures, and other improvements identified in Attachments 5.1-5.4, attached hereto and incorporated herein by reference, and may acquire or pay for the land required therefore. The Agency may also prepare properties for development by renovation or other means as allowed by law. The Agency may also, as allowed by law, assist in the development of private projects. In addition to the public improvements authorized under Idaho Code Section 50-2007, 50-2018, and 50-2903(9), (13), and (14), the Agency is authorized to install and construct, or to cause to be installed and constructed, within the Project Area for itself or for any public body or entity, public improvements and public facilities, including, but not limited to, the following: (1) utilities; (2) telecommunications (including fiber-optic) facilities; (3) parks, plazas, open space, recreational facilities and pedestrian paths; (4) landscaped areas; (5) street improvements; (6) sanitary sewers; (7) flood control facilities and storm drains; (8) water mains; (9) canal crossings; (10) fire prevention; (11) community facilities; (12) remediation of environmental conditions; and (13) other public infrastructure or improvements, including but not limited to construction of public buildings and facilities as authorized by law. 21 Any public facility ultimately owned by the Agency shall be operated and managed in such a manner to preserve the public purpose nature of the facility. Any lease agreement with a private entity or management contract agreement shall include all necessary provisions sufficient to protect the public interest and public purpose. The Agency may enter into contracts, leases, and agreements with the City, County or other public body or private entity pursuant to this section, and the obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in Idaho Code Section 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under subdivision (2)(b) of Section 50-2908 of the Act and Section 504 to this Plan or out of any other available funds. 309.1.4 Development Plans All development plans (whether public or private) prepared pursuant or related to assistance or support received from the Agency or owner participation agreements, shall be submitted to the Agency for approval and architectural review. All such development in the Project Area must conform to those standards specified in Sections 408 and 412, infra. 310 Personal Property Disposition For the purposes of this Plan, the Agency is authorized to lease, sell, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the Agency. 311 Rehabilitation and Conservation The Agency is authorized to rehabilitate, renovate, and conserve, or to cause to be rehabilitated, renovated, and conserved, any building or structure in the Project Area owned by the Agency for preparation of redevelopment and disposition. The Agency is also authorized and directed to advise, encourage, and assist in the rehabilitation and conservation of property in the Project Area not owned by the Agency. As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any substandard structure or building or any structure or building which can be rehabilitated to a location within or outside the Project Area. 312 Participation with Private Development or Public Development Under the Law, the Agency has the authority to lend or invest funds obtained from the federal government for the purposes of the Law if allowable under federal laws or regulations. The federal funds that may be available to the Agency are governed by regulations promulgated by the Department of Housing and Urban Development for the Community Development Block Grant Program (“CDBG”), the Economic Development Administration, the Small Business 22 Administration, or other federal agencies. In order to enhance such grants, the Agency’s use of revenue allocation funds is critical. Under those regulations the Agency may participate with the private sector in the development and financing of those private projects that will attain certain federal objectives. The Agency may, therefore, use the federal funds for the provision of assistance to private for-profit business, including, but not limited to, grants, loans, loan guarantees, interest supplements, technical assistance, and other forms to support, for any other activity necessary or appropriate to carry out an economic development project. As allowed by law, the Agency may also use funds from any other sources for any purpose set forth under the Law or Act. The Agency may enter into contracts, leases, and agreements with the City, or other public body or private entity, pursuant to this section, and the obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in Idaho Code Section 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under subdivision 2(b) of Section 50-2908 of the Local Economic Development Act and Section 504 to this Plan or out of any other available funds. 313 Conforming Owners The Agency may, at the Agency’s sole and absolute discretion, determine that certain real property within the Project Area presently meets the requirements of this Plan, and the owner of such property will be permitted to remain as a conforming owner, provided such owner continues to operate, use, and maintain the real property within the requirements of this Plan. 314 Arts Funding The Agency encourages public art and performing arts through joint ventures with private developers and in cooperation with the City. Whenever possible, any Agency arts funding will be used to leverage additional contributions from developers, other private sources, and public or quasi-public entitles. 400 USES PERMITTED IN THE PROJECT AREA 401 Redevelopment Plan Map and Development Strategy The Urban Renewal Project Area Map, the Revenue Allocation Map, and the Description of the Urban Renewal Project Area Boundaries, are attached hereto as Attachments 1 and 2, and are incorporated by reference. The proposed land uses and permitted land uses in the Project Area for all land, public and private, are described in Attachment 4. 23 402 Designated Land Uses The Agency intends to rely upon the overall land use designations and zoning classifications of the City of Meridian, as depicted on Attachment 4 and as set forth in the City Comprehensive Plan, including the future land use map and zoning classifications. For the most part, the Project Area is proposed as residential, retail, office, and commercial development. Provided, however, nothing herein within this Plan shall be deemed to be granting any particular right to zoning classification or use. 403 [Reserved] 404 Public Rights-of-Way The major public streets currently within the Project Area are portions of Ten Mile Road, and Franklin Road, and any others not listed, but within the boundaries of the Project Area as more specifically set forth in Attachment 1. Additional improvements to existing streets and easements may be created, improved, or extended in the Project Area as needed for development. Existing streets, easements, and irrigation or drainage laterals or ditches may be abandoned, closed, or modified as necessary for proper development of the Project Area, in conjunction with any applicable policies and standards of the City regarding changes to dedicated rights-of-way, and appropriate irrigation or drainage districts regarding changes to laterals or ditches. Any changes in the existing interior or exterior street layout shall be in accordance with the objectives of this Plan and the City’s and ACHD’s design standards; shall be effectuated in the manner prescribed by State and local law; and shall be guided by the following criteria: a. A balancing of the needs of proposed and potential new developments for adequate vehicular access, vehicular parking, and delivery loading docks with the similar needs of any existing developments permitted to remain. Such balancing shall take into consideration the rights of existing owners and tenants under the rules for owner and tenant participation adopted by the Agency for the Project and any participation agreements executed thereunder; b. The requirements imposed by such factors as topography, traffic safety, and aesthetics; and c. The potential need to serve not only the Project Area and new or existing developments, but to also serve areas outside the Project Area by providing convenient and efficient vehicular access and movement. The public rights-of-way may be used for vehicular and/or pedestrian traffic, as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. 24 405 Other Public, Semi-Public, Institutional, and Nonprofit Uses The Agency is also authorized to support, subject to applicable law, the maintenance, establishment, or enlargement of public, semi-public, institutional, or nonprofit uses, including park and recreational facilities; educational, fraternal, employee; philanthropic and charitable institutions; utilities; governmental facilities; equipment; and facilities of other similar associations or organizations. All such uses shall, to the extent possible, conform to the provisions of this Plan applicable to the uses in the specific area involved. The Agency may impose such other reasonable requirements and/or restrictions on those seeking its assistance or support as the Agency determines may be necessary to protect the development and use of the Project Area. 406 Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit the use of any land in the Project Area for interim uses that are not in conformity with the uses permitted in this Plan. However, any interim use must comply with applicable City Code. 407 General Controls and Limitations All real property in the Project Area, under the provisions of either a disposition and development agreement or owner participation agreement, is made subject to the controls and requirements of this Plan. No such real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. 407.1 Construction All construction in the Project Area shall comply with all applicable state and local laws and codes in effect from time to time. In addition to applicable codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct redevelopment activities in the Project Area in the event of a disposition and development agreement or owner participation agreement. 407.2 Rehabilitation and Retention of Properties Any existing structure within the Project Area, subject to either a disposition and development agreement or owner participation agreement, approved by the Agency for retention and rehabilitation, shall be repaired, altered, reconstructed, or rehabilitated in such a manner that it will be safe and sound in all physical respects and be attractive in appearance and not detrimental to the surrounding uses. 25 407.3 Limitation on Type, Size, and Height of Buildings Except as set forth in other sections of this Plan, the type, size, and height of buildings shall be as limited by applicable federal, state, and local statutes, ordinances, and regulations. 407.4 Open Spaces, Landscaping, Light, Air, and Privacy The issues of open space, landscaping, light, air, and privacy shall be governed by applicable federal, state, and local laws and ordinances. 407.5 Signs All signs shall conform to City of Meridian sign ordinances as they now exist or are hereafter amended. 407.6 Utilities The Agency shall require that all utilities be placed underground whenever physically and economically feasible. 407.7 Incompatible Uses No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors which would be incompatible with the surrounding areas or structures shall receive any support or assistance from the Agency in any part of the Project Area. 407.8 Nondiscrimination and Nonsegregation There shall be no discrimination or segregation based upon race, color, creed, religion, sex, age, marital status, disability/handicap, national origin, or ancestry permitted in the sale, lease sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. 407.9 Subdivision of Parcels Any parcel in the Project Area shall be subdivided only in compliance with the City of Meridian subdivision ordinance. 407.10 Minor Variations Under exceptional circumstances, the Agency is authorized to permit a variation from the limits, restrictions, and controls established by this Plan. In order to permit such variation, the Agency must determine that: 26 a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Plan; b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls; c. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area; and d. Permitting a variation will not be contrary to the objectives of this Plan. No variation shall be granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency may impose such conditions as it deems necessary to protect the public peace, health, safety, or welfare and to assure compliance with the purposes of the Plan. Any variation permitted by the Agency hereunder shall not supersede any other approval required under City codes and ordinances. 408 Design for Development Within the limits, restrictions, and controls established in this Plan, the Agency is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. Any individual or entity seeking the Agency’s assistance, support or cooperation must comply with Agency standards and must also comply with the City’s zoning ordinance regarding heights, setbacks, and other like standards. In the case of property which is the subject of a disposition and development or participation agreement with the Agency, no new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated, except in accordance with this Plan. Under those agreements the architectural, landscape, and site plans shall be submitted to the Agency and approved in writing by the Agency. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space, and other amenities to enhance the aesthetic quality of the Project Area. The Agency shall not approve any plans that do not comply with this Plan. The Agency reserves the right to impose such design standards on an ad hoc, case-by-case basis through the approval process of the owner participation agreement or disposition and development agreement. Any change to such approved design must be consented to by the Agency and such consent may be conditioned upon reduction of Agency’s financial participation towards the Project. In the event the Agency adopts design standards or controls, those provisions will thereafter apply to each site or portion thereof in the Project Area. Those controls and standards 27 will be implemented through the provisions of any disposition and development agreement or owner participation agreement or by appropriate covenants appended to the land and instruments of conveyance executed pursuant thereto. These controls are in addition to any standards and provisions of any applicable City building or zoning ordinances; provided, however, each and every development shall comply with all applicable City zoning and building ordinance. 409 Off-Street Loading Any development and improvements shall provide for off-street loading as required by the City ordinances as they now exist or are hereafter amended. 410 Off-Street Parking All new construction in the area shall provide off-street parking as required by the City ordinances as they now exist or are hereafter amended. The off-street parking requirement may be met by a public parking facility, including a parking garage and/or parking lot within proximity to the new construction. 411 Nonconforming Uses As part of the Agency’s development, redevelopment and rehabilitation efforts. the Agency may permit an existing use to remain in an existing building and site usage in good condition, which use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. If the owner of such a property is retaining said property, then they must be willing to enter into a participation agreement and agree to the imposition of such reasonable restrictions as may be necessary to protect the development and use of the Project Area. The Agency may assist with or support additions, alterations, repairs, or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the Project Area where, in the determination of the Agency, such improvements would be compatible with surrounding compliant uses and development. All nonconforming uses shall also comply with applicable law. 412 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement Under an owner participation agreement or a development and disposition agreement the design guidelines and land use elements of the Plan shall be achieved to the greatest extent feasible, though the Agency retains the authority to grant minor variations under Section 407.10 of this Plan and subject to a negotiated agreement between the Agency and the developer or property owner. 28 Under those agreements, the architectural, landscape, and site plans shall be submitted to the Agency and approved in writing by the Agency. In such agreements, the Agency may impose additional design controls. One of the objectives of this Plan is to create an attractive pedestrian environment in the Project Area. Therefore, such plans shall give consideration to good design and amenities to enhance the aesthetic quality of the Project Area. These additional design standards or controls will be implemented through the provisions of any development and disposition agreement or owner participation agreement or by appropriate covenants appended to the land and instruments of conveyance executed pursuant thereto. These controls are in addition to any standards and provisions of any applicable City building or zoning ordinances; provided, however, each and every development shall comply with all applicable City zoning and building ordinances. 500 METHODS OF FINANCING THE PROJECT 501 General Description of the Proposed Financing Method The Agency is authorized to finance this Project with financial assistance from the City, state of Idaho, federal government, interest income, Agency bonds, donations, loans from private financial institutions, the lease or sale of Agency-owned property, or any other available source, public or private, including assistance from any taxing district or any public entity. The Agency is also authorized to obtain advances, borrow funds, and create indebtedness in carrying out this Plan. The Agency may also consider an inter-fund transfer from other urban renewal project areas. The principal and interest on such advances, funds, and indebtedness may be paid from any funds available to the Agency. The City, as it is able, may also supply additional assistance through City loans and grants for various public facilities. The City or any other public agency may expend money to assist the Agency in carrying out this Project. 502 Revenue Bond Funds As allowed by law and subject to restrictions as are imposed by law, the Agency is authorized to issue bonds from time to time, if it deems appropriate to do so, in order to finance all or any part of the Project. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. 503 Other Loans and Grants Any other loans, grants, guarantees, or financial assistance from the United States, the state of Idaho CDBG funds, or any other public or private source will be utilized if available. The Agency may consider funding sources through Local Improvement Districts as authorized by state law. Neither the members of the Agency nor any persons executing such loans or grants shall be liable on the loans or grants by reason of their issuance. 29 The Agency also intends to seek appropriate private contributions, where applicable, to assist in the funding of the activities described herein. 504 Revenue Allocation Financing Provisions The Agency hereby adopts revenue allocation financing provisions as authorized by the Act, effective retroactively to January 1, 2016. These revenue allocation provisions shall apply to all taxing districts which are located in or overlap the Revenue Allocation Area described on Attachments 1 and 2 to this Plan. The Agency shall take all actions necessary or convenient to implement these revenue allocation financing provisions. The Agency specifically finds that the equalized assessed valuation of property within the Revenue Allocation Area is likely to increase as a result of the initiation of the Project. The Agency, acting by one or more resolutions or agreements, as applicable, adopted by its Board, is hereby authorized to apply all or any portion of the revenues allocated to the Agency pursuant to the Act to pay as costs are incurred or to pledge all or any portion of such revenues to the repayment of any moneys borrowed, indebtedness incurred, or bonds issued by the Agency to finance or to refinance the Project Costs (as defined in Idaho Code Section 50-2903(14)) of one or more urban renewal projects. Upon enactment of an ordinance by the governing body of the City of Meridian finally adopting these revenue allocation financing provisions and defining the Revenue Allocation Area described herein as part of the Plan, there shall hereby be created a special fund of the Agency into which the County Treasurer shall deposit allocated revenues as provided in Idaho Code Section 50-2908. The Agency shall use such funds solely in accordance with Idaho Code Section 50-2909 and solely for the purpose of providing funds to pay the Project Costs, including any incidental costs, of such urban renewal projects as the Agency may determine by resolution or resolutions of its Board. A statement listing proposed public improvements and facilities, an economic feasibility study, estimated project costs, fiscal impact upon other taxing districts, and methods of financing project costs required by Idaho Code Section 50-2905 is included in Attachments 5.1-5.4 to this Plan. This statement necessarily incorporates estimates and projections based on the Agency’s present knowledge and expectations. The Agency is hereby authorized to refine the presently anticipated urban renewal projects and use of revenue allocation financing of the related Project Costs if the Board deems such refinement necessary or convenient to effectuate the general objectives of the Plan. The Agency may also appropriate funds consisting of revenue allocation proceeds on an annual basis without the issuance of bonds. The Agency has also provided for obtaining advances or loans from the City or Agency, or from the Agency’s other revenue allocation area, or pursuant to the terms of an owner participation agreement, or private entity and financial institutions in order to immediately commence construction of certain of the public improvements. Revenues will continue to be allocated to the Agency until the improvements identified in Attachments 5.1-5.4 are completely constructed or until any obligation to the City or 30 any other public entity, other revenue allocation area, or private entity are fulfilled. Attachments 5.1-5.4 incorporate estimates and projections based on the Agency’s present knowledge and expectations concerning the length of time to complete the improvements. The activity may take longer depending on the significance and timeliness of development. Alternatively, the activity may be completed earlier if revenue allocation proceeds are greater or the Agency obtains additional funds. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other obligations (whether funded, refunded, assumed, or otherwise) by the Agency to finance or refinance the Project in whole or in part. The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. The Agency reserves the right to either pay for Project Costs from available revenue (pay as you go basis) or borrow funds by incurring debt through notes or other obligations. The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. Revenue allocation proceeds are deemed to be only a part of the proposed funding sources for the payment of public improvements and other project improvements. Additionally, project funding is proposed to be phased for the improvements, allowing various sources of funds to be accumulated for use. 504.1 Economic Feasibility Study Attachment 5.2 constitutes the Economic Feasibility Study (“Study”) as supported by Attachments 5.1, 5.3 and 5.4, for the urban renewal area prepared by Phil Kushlan, Kushlan and Associates. The Study constitutes the financial analysis required by the Act and is based upon existing information from the Agency, City and developers. Projections are based upon input from the Agency, property owners, developers, and others. 504.2 Assumptions and Conditions/Economic Feasibility Statement The information contained in Attachments 5.1-5.4 assumes certain completed and projected actions. Under the provisions of the Act, the revenue allocation shall continue until the debt or other obligations or other project activity is completed or satisfied. All debt is projected to be repaid no later than the duration period of the Plan. The total amount of bonded indebtedness (and all other loans or indebtedness) and the amount of revenue generated by revenue allocation are dependent upon the extent and timing of private development. Should all of the development take place as projected, the project indebtedness could be extinguished earlier, dependent upon the bond sale documents or other legal obligations. Should private 31 development take longer to materialize or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and debt may continue for its full term. The Plan and attachments incorporate estimates and projections based on the Agency’s present knowledge and expectations. The Agency may refine the project if the Board deems such refinements necessary to effectuate the Plan. The Plan proposes certain public improvements, including utility and street improvements, which will facilitate development in the Revenue Allocation Area. The assumptions set forth in the Study are based upon the best information available to the Agency through public sources or discussions with property owners, developers, and others. The information has been analyzed by the Agency and its consultants in order to provide an analysis that meets the requirements set forth under the Law and Act. At the point in time when the Agency may seek a loan from lenders or others, a more detailed and then-current financial pro forma will be presented to those lenders or underwriters for analysis to determine the borrowing capacity of the Agency. As set forth herein, the Agency reserves the right to fund the Project on a “pay as you go” basis. The Agency Board will prioritize the activities set forth in this Plan and determine what funds are available and what activities can be funded. The Agency will establish those priorities through its mandated annual budgetary process. The assumptions concerning revenue allocation proceeds are based upon certain assessed value increases and assumed tax levy rates. House Bill 1 adopted by the 58 th Idaho Legislature convening in Special Session in August 2006 (codified at Idaho Code Section 33-802) repealed the operation and maintenance property tax levy imposed by school districts. House Bill 1 also repealed Idaho Code Section 50-2908(2)(a)(iii) which required certain revenue allocation funds to be disbursed to school districts. The financial analysis set forth in Attachments 5.1-5.4 has taken into account the provisions of Idaho Code § 33-802. House Bill 315 adopted by the 62 nd Idaho Legislature amends Idaho Code Section 63- 602KK, and provides for personal property tax exemption to businesses. Application of the exemption may have the effect of reducing the increment value and the base value. The Agency, for this Project Area, will not receive any backfill funds from the State to replace revenue lost by the imposition of the personal property tax exemption. The feasibility study has taken HB315 into account. 504.3 Ten Percent Limitation Under the Act, the base assessed valuation for all revenue allocation areas cannot exceed gross/net ten percent (10%) of the current assessed valuation for the entire City. According to the Ada County Assessor, the base assessment roll for the Project Area as of January 1, 2015, is $39,539,125. The total assessed value for the City as of January 1, 2015, is $6,848,682,967. Therefore, the 10% limit is $684,868,297. The estimated adjusted base value for the existing 32 Downtown Meridian URD, is $146,334,050; The base values for the combined revenue allocation areas total $185,873,125, which is 2.714% of the City’s 2015 value, which is significantly below the 10% maximum. 504.4 Financial Limitation The Study identifies several capital improvement projects. Use of any particular financing source for any particular purpose is not assured or identified. Use of the funding source shall be conditioned on any limiting authority. If revenue allocation funds are unavailable, then the Agency will need to use a different funding source for that improvement. The amount of funds available to the Agency from revenue allocation financing is directly related to the assessed value of new improvements within the Revenue Allocation Area. Under the Act, the Agency is allowed the revenue allocation generated from inflationary increases and new development value. Increases have been assumed based upon the projected value of new development as that development occurs along with possible land reassessment based on a construction start. The Study, with the various estimates and projections, constitutes an economic feasibility study. Costs and revenues are analyzed, and the analysis shows the need for public capital funds during the project. Multiple financing sources including proposed revenue allocation notes and bonds, annual revenue allocations, developer contributions, city contributions, and other funds are shown. This Study identifies the kind, number, and location of all proposed public works or improvements, a detailed list of estimated project costs, a description of the methods of financing illustrating project costs, and the time when related costs or monetary obligations are to be incurred. See Idaho Code § 50-2905. Based on these funding sources, the conclusion is that the project is feasible. The information contained in the Study assumes certain projected actions. First, the Agency has projected an advance from the City and owner participation agreements. Under the provisions of the Act, the revenue allocation may continue until the end of the Plan term. Second, the total amount of indebtedness and the amount of revenue generated by revenue allocation is dependent upon the extent and timing of private development. Should the development take place as projected, indebtedness would be extinguished earlier, dependent upon the note documents and legal obligations therein. Should private development take longer to materialize or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and bonds or other legal obligations may continue for their full term. The proposed timing for the public improvements may very well have to be refined depending upon the availability of some of the funds and the Agency’s ability to sell an initial issue of notes or bonds, or the ability to execute an owner participation agreement. Attachments 5.1-5.4 list those public improvements the Agency intends to be constructed through the term of the Plan. The costs of improvements are estimates only. Final costs will be 33 determined by way of construction contract, public bidding or by an agreement between the developer/owner and Agency. The listing of public improvements does not commit the Agency to any particular improvement, any particular cost, or any particular order of construction. The Agency reserves its discretion and flexibility in deciding which improvements are more critical for redevelopment, and the Agency intends to coordinate its public improvements with associated development by private developers/owners. Generally, the Agency expects to develop those improvements identified in Attachments 5.1-5.4 first, in conjunction with private development within the Project Area generating the increment as identified in Attachments 5.1-5.4. The Plan has shown that the equalized valuation of the Revenue Allocation Area as defined in the Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. 504.5 [Reserved] 504.6 Participation with Local Improvement Districts Under the Idaho Local Improvement District Code, Chapter 17, Title 50, Idaho Code, the City has the authority to establish local improvement districts for various public facilities, including, but not limited to, streets, curbs, gutters, sidewalks, storm drains, landscaping, and other like facilities. To the extent allowed by the Law and the Act, the Agency reserves the authority to participate in the funding of local improvement district facilities. This participation may include either direct funding to reduce the overall cost of the LID or to participate as an assessed entity to finance the LID project. 504.7 Issuance of Debt and Debt Limitation Any debt incurred by the Agency as allowed by the Law and Act shall be secured by revenues identified in the debt resolution or revenue allocation funds as allowed by the Act. All such debt shall be repaid within the duration of this Plan, except as may be authorized by law. 504.8 Impact on Other Taxing Districts and Levy Rate A specific delineation of tax dollars generated by revenue allocation upon each taxing district has not been prepared. The overall impact of the revenue allocation project is shown in the Study. Pursuant to Idaho Code, Section 63-802, taxing entities are constrained in establishing levy rates by a function of the amount each budget of each taxing district can increase on an annual basis. The amounts set forth in the Study would constitute the amounts distributed to other taxing entities from the Revenue Allocation Area if there were no urban renewal project. Each individual district’s share of that amount would be determined by its particular levy rate as compared to the other districts in any given year. Therefore, the impact of 34 revenue allocation is more of a product of the imposition of Section 63-802. In addition, without the revenue allocation district and its ability to pay for public improvements and public facilities, fewer substantial improvements within the Revenue Allocation Area would be expected in the next five to ten years, hence there would be lower increases in assessed valuation to be used by the taxing entities. If the overall levy rate is less than assumed, the Agency will receive fewer funds from revenue allocation. The assessed value for each property in a revenue allocation area consists of a base value and an increment value. The base value is the assessed value as of January 1 of the year in which a revenue allocation area is approved by a municipality, with periodic adjustments allowed by Idaho state code. The increment value is the difference between the base assessed value and current assessed value in any given year while the property is in a revenue allocation area. Under Section § 63-802, Idaho Code, taxing entities are constrained in establishing levy rates by the amount each budget of each taxing district can increase on an annual basis. Taxing entities submit proposed budgets to the County Board of Commissioners, which budgets are required to comply with the limitations set forth in Section 63-802, Idaho Code. The County Board of Commissioners calculates the levy rate required to produce the proposed budget amount for each taxing entity using the assessed values which are subject to each taxing entity’s levy rate. Assessed values in urban renewal districts which are subject to revenue allocation (incremental values) are not included in this calculation. The combined levy rate for the taxing entities is applied to the incremental property values in a revenue allocation area to determine the amount of property tax revenue which is allocated to an urban renewal agency. The property taxes generated by the property values in the urban renewal districts that are not subject to revenue allocation and by properties outside revenue allocation areas are distributed to the other taxing entities. Properties in revenue allocation areas are subject to the same levy rate as they would be outside a revenue allocation area. The difference is how the revenue is distributed. In addition, without the Revenue Allocation Area and its ability to pay for public improvements and public facilities, fewer substantial improvements within the Revenue Allocation Area would be expected in the next five to ten years; hence, there would be lower increases in assessed valuation to be used by the other taxing entities. If the overall levy rate is less than as assumed, the Agency shall receive fewer funds from revenue allocation. One result of Section 63-802, Idaho Code and Section 63-301A, Idaho Code is the likely reduction of the levy rate as assessed values increase for property within each taxing entity’s jurisdiction. If the overall levy rate is less than as assumed, the Agency shall receive fewer funds from revenue allocation. Section 63-301A, Idaho Code, prohibits taxing entities from including, as part of the new construction roll, the increased value related to new construction within a revenue allocation area until the revenue allocation authority is terminated. Any new construction within the Project Area will no longer be available for inclusion by the taxing entities to increase their budgets. Less tax revenue will be available to those taxing entities. Upon termination of this Plan, the taxing entities will be able to include the accumulated new 35 construction roll value in setting the following year’s budget and revenue from such value is not limited to the three percent increase allowed in Section 63-802(1)(a). Section 63-802, Idaho Code, may have the effect of reducing the levy rate as assessed values increase for property within each taxing entity’s jurisdiction; however, it is unclear how Section 63-602KK may impact the levy rate. The Study has made certain assumptions concerning the levy rate. The levy rate is estimated to stay level for the life of the revenue allocation area. The annual increment value is expected to increase by approximately 3% (1% increase in land values and 2% increase in improvement values) a year with larger increases expected throughout the life of the District due to probable commercial and residential developments. If the overall levy rate is less than projected, the Agency shall receive fewer funds from revenue allocation. The 2008 Idaho Legislature passed and Governor Otter signed House Bill 470 as amended in the Idaho Senate, which bill became effective retroactive to January 1, 2008 (Session Laws, Chapter 253). The bill amended Idaho Code Sections 50-2908, 63-803, and 63-811. In brief, the bill provided that an urban renewal agency shall not be entitled to revenue allocation proceeds from certain levy increases which are allowed by either specific statutory authorization or approved by an election of the qualified electors of the particular taxing district. Therefore, for any levy election held after January 1, 2008, the Agency will not receive revenue allocation funds which would have been generated by imposing that levy on the assessed valuation within the Project Area. Additionally, as this Plan has been adopted after January 1, 2008, any voter approved levy adopted prior to January 1, 2008, will not be available for use by the Agency. The Study which is attached as Attachments 5.1-5.4 has taken this statute into account. The levy rates for the West Ada School District and the County shown above are the aggregate levy rates for the school district and County as of 2016 less voter approved levies. The Study has assumed the impact of House Bill 470. Generally, the impact on the taxing entities would be to determine the Agency’s projected revenue and disburse those funds in the same ratio as the respective levy rates in the Revenue Allocation Area of each taxing district. For Tax Year 2015, those districts and rates are as follows for properties located within the City: Taxing District Total Levy Rate Exempt From Urban Renewal Urban Renewal Applicable Ada County Current Expense 0.002278652 0 0.002278652 Tort 0 0 0 Bond 0 0 0 Charity / Indigent 0.000308508 0 0.000308508 District Court 0.00026101 0 0.00026101 Health 0.000059924 0 0.000059924 Noxious Weeds 0.000015996 0 0.000015996 Parks and Recreation 0.000005486 0 0.000005486 Revaluation 0.000094225 0 0.000094225 Veterans’ Memorial 0.000000631 0.000000631 36 Total Ada County 0.003024432 0 0.003024432 City of Meridian General Fund 0.004005842 0 0.004005842 Total City of Meridian 0.004005842 0 0.004005842 West Ada School District #2 M&O 0 0 0 Tort 0.000018532 0.000018532 0 Bond 0.001573513 0.001573513 0 Emergency 0.000078696 0.000078696 0 Plant Facility 0.001425011 0.001425011 0 Permanent Override 0 0 0 Supplemental 0.000991475 0.000991475 0 63-1035 Judgment 0.000000193 0.000000193 0 Total West Ada #2 0.00408742 0.00408742 0 Ada County EMS M&O 0.000157028 0 0.000157028 Total EMS 0.000157028 0 0.000157028 Meridian Cemetery M&O 0.000072285 0 0.000072285 Total Cemetery 0.000072285 0 0.000072285 Ada County Highway M&O 0.001083315 0 0.001083315 Total ACHD 0.001083315 0 0.001083315 CWI M&O 0.00016628 0 0.00016628 Total CWI 0.00016628 0 0.00016628 Meridian Free Library M&O 0.000559958 0 0.000559958 Total Library 0.000559958 0 0.000559958 Mosquito Abatement M & O 0.000030348 0 0.000030348 Total Mosquito Abatement 0.000030348 0 0.000030348 West Ada Recreation M & O 0.000086663 0 0.000086663 Total West Ada Recreation 0.000086663 0 0.000086663 37 Total Levy 0.013273571 0.00408742 0.00918615 505 Phasing and Other Fund Sources The Agency anticipates funding a major portion of the cost of the public improvements shown on Attachments 5.1-5.4. Other sources of funds shall include developer contributions and City and other public agency participation. Agency participation shall be determined by the amount of revenue allocation funds generated. 506 Lease Revenue, Parking Revenue, and Bonds Under the Law, the Agency is authorized to issue revenue bonds to finance certain public improvements identified in the Plan. Under that type of financing, the public entity would pay the Agency a lease payment annually, which provides certain funds to the Agency to retire the bond debt. Another variation of this type of financing is sometimes referred to as conduit financing, which provides a mechanism where the Agency uses its bonding authority for the Project, with the end user making payments to the Agency to retire the bond debt. These sources of revenues are not related to revenue allocation funds and may not be particularly noted in the Study, because of the “pass through” aspects of the financing. Under the Act, the economic feasibility study focuses on the revenue allocation aspects of the Agency’s financial model. These financing models typically are for a longer period of time than the 20-year period set forth in the Act. However, these financing models do not involve revenue allocation funds, but rather funds from the end users which provide a funding source for the Agency to continue to own and operate the facility beyond the term of the Plan as allowed by Idaho Code Section 50- 2905(8) as those resources involve funds not related to revenue allocation funds. 507 Capital Improvement Contribution Policy The Agency does hereby establish and fix the following policy for the Agency supported design, acquisition, and construction costs of the development of new utilities, streets or bridges or the extension of any existing street within the Project Area as described and defined in the Plan. 507.1 Streets All streets constructed within the boundaries of the Ten Mile Urban Renewal District shall be developed in accordance with the adopted standards of the Ada County Highway District. Design of all streets will be subject to review and approval of the ACHD and the Agency. 38 507.2 Utilities All public and private utilities constructed within the boundaries of the Ten Mile Urban Renewal District shall be developed in accordance with the adopted standards of the entity who will ultimately assume responsibility for on-going operations and maintenance of such facility. Design of such utilities will be subject to the review and approval of the City of Meridian, the applicable private utility provider and the Agency 507.3 Pedestrian and Bicycle Facilities All sidewalks and bicycle lanes constructed in conjunction with streets within the Ten Mile Urban Renewal District shall be developed in accordance with the adopted standards of the Ada County Highway District. Off-street pedestrian and bicycle facilities shall be developed accordance with the adopted standards of the City of Meridian. Design of such facilities shall be subject to the review and approval of ACHD or the City of Meridian as appropriate and the Agency. 508 Improvement Design and Construction It is anticipated that the public improvements to be installed in the District will be designed and constructed by the Developer in accordance with the design requirements of the City of Meridian, the Ada County Highway District, the Idaho Department of Transportation (“ITD”) and relevant utility providers in the area, as applicable. The terms and conditions of reimbursement for the design and construction costs will be set forth in the agreement between the Developer and the Agency. 509 Engineer’s Estimate The Developer’s obligation shall be calculated based upon an engineer’s estimate of the costs described above. Upon completion of construction, the actual costs shall be determined by the project engineer. If the actual costs are less than the engineer’s estimate, the difference shall be reimbursed to the Developer. 510 Time of Payment The Developer shall pay such amount no later than the commencement of construction of the street project; provided, however, the Agency, in its sole discretion, may agree to defer the Developer’s payment until completion of the project or until the time the Developer actually commences improvements on the Developer’s property. In the event the payment is deferred, the Developer’s contribution shall be based upon the actual cost of construction for the improvements described above. Additionally, in the event the payment is deferred, the Developer’s obligation to pay shall be contained within the agreement referenced below, and an appropriate memorandum of agreement shall be filed against the property through the County Recorder’s office. The Agency shall request that the City not issue a building permit until the payment is made. 39 511 Sidewalks The Developer shall be solely responsible for the design and construction of sidewalks adjacent to the street along the property frontage of the Developer. The sidewalk shall be constructed upon commencement of construction of improvements to the Developer’s property. The design shall be approved by the Agency and must meet Agency standards. This obligation by the Developer shall be contained within the agreement and subject to the other provisions of Section 507.5 above. 512 Memorialization of Agreement The obligations of the Developer as described herein shall be memorialized in either an owner-participation agreement or a disposition and development agreement as defined in the Plan. Such agreement shall also commit the Developer to a specific scope of development for the Developer’s property in compliance with the Plan, which agreement or memorandum of agreement shall be recorded. 513 Meanings Words and phrases used in Section 507 shall have the meanings ascribed in the City of Meridian and Ada County Highways District ordinances 514 Retained Authority The Agency retains its authority to decide in its sole discretion not to proceed with the construction of any new street, street extension, or bridge in the event a Developer does not voluntarily agree to contribute to the cost of construction as described herein. 515 Developer/Owner Initiated Improvements The Agency recognizes the right and possible interest of Developers/Owners to initiate the construction of designated new streets and utilities in the Project Area through such methods: (a) One or more Local Improvement Districts (“LID”); (b) Private financing; or (c) Direct payment of construction costs. Any LID would be established by the City of Meridian or the Ada County Highway District. Any of the three alternatives listed above would provide a means of financing necessary public improvements before the Agency would have the necessary funds to pay for such improvements. As an incentive for such Developer/Owner financed improvements, the Agency may establish 40 provisions for reimbursement from available annual revenue allocation funds in an owner reimbursement agreement between the Agency and said Developer/Owner. For purposes of this section, “available annual revenue allocation funds” shall mean those incremental tax (revenue allocation) revenues received by the Agency after all necessary payments have been made to: (a) Pay the obligations of the Agency as described in Section 504G or any other obligations of the Agency; (b) Fund the Administration Fund; (c) Fund any Debt Service Reserve Fund deposits; and (d) Fund any other pre-existing obligations of the Agency. 516 Variance The Agency reserves the right to grant minor variations from these standards under the guidelines established under Section 407.10 of this Plan. 517 Agency Contribution The Agency reserves the discretion to provide additional contributions which may deviate from the above sections to more closely achieve the important objectives of the Plan, including increased or more desirable private development and land use in the Plan area. In those circumstances, the Agency may achieve the objectives of this Plan (such as greater open areas, more pedestrian-friendly environments, and the like) by funding the greater percentages of the street and utility contributions required herein. In those circumstances, the Agency shall provide an amount determined in an agreement with project participants. Provided, however, the private development under any circumstances must be completed no later than the termination date of this Plan as set forth in Section 800. The Agency reserves the right to adopt, by resolution, more detailed policies to implement this Section 507. Additionally, this commitment by the Agency and developer shall be included in an owner participation agreement as described in Section 303 of this Plan. 600 ACTIONS BY THE CITY The City has agreed to aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Actions by the City will include, but not be limited to, the following: a. Institution and completion of proceedings necessary for changes and improvements in private and publicly owned utilities within or affecting the Project Area. 41 b. Revision of zoning (if necessary) within the Project Area to permit the land uses and development authorized by this Plan. c. Imposition wherever necessary of appropriate controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. d. Provision for administrative enforcement of this Plan by the City after development. The City and the Agency may develop and provide for enforcement of a program for continued maintenance by owners of all real property, both public and private, within the Project Area throughout the duration of this Plan. e. Building Code enforcement. f. Performance of the above actions and of all other functions and services relating to public peace, health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. g. Institutional and completion of proceedings necessary for the establishment of local improvement districts under Chapter 17, Title 50, Idaho Code as appropriate. h. The undertaking and completing of any other proceedings necessary to carry out the Project. i. Administration of Community Development Block Grant funds that may be made available for this Project. j. Appropriate agreements with the Agency for administration, supporting services, funding sources, and the like. k. Imposition, whenever necessary of controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. l. Joint funding of certain public improvements, including but not limited to improvements to sewer treatment facilities as needed. m. Use of public entity labor, services, and materials for construction of the public improvements listed in this Plan, if required. n. Preservation of historical sites (if possible). 42 The foregoing actions to be taken by the City do not constitute any commitment for financial outlays by the City. 601 Maintenance of Public Improvements The Agency has not identified any commitment or obligation for long-term maintenance of the public improvements identified. The Agency will need to address this issue with the appropriate entity, public or private, who has benefited from or is involved in the ongoing preservation of the public improvement. 700 ENFORCEMENT The administration and efforts to assure compliance with this Plan, including the preparation and execution of any documents implementing this Plan, will be performed by the Agency and/or the City, as applicable. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by court litigation instituted by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, reentry, injunctions, or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan, shall be effective for twenty (20) years from the effective date of the Plan subject to modifications and/or extensions set forth in Idaho Code § 50-2904. The revenue allocation authority will expire on December 31, 2036, except for any revenue allocation proceeds received in calendar year 2037. This Plan shall terminate no later than December 31, 2036, except for revenues which may be received in 2037. In order to provide sufficient notice of termination to the affected taxing districts, either on May 1, 2036, or if the Agency determines an earlier terminate date: a. When the Revenue Allocation Area plan budget estimates that all financial obligations have been provided for, the principal of and interest on such moneys, indebtedness, and bonds have been paid in full or when deposits in the special fund or funds created under this chapter are sufficient to pay such principal and interest as they come due, and to fund reserves, if any, or any other obligations of the Agency funded through revenue allocation proceeds shall be satisfied and the Agency has determined no additional project costs need be funded through revenue allocation financing, the allocation of revenues under Section 50-2908, Idaho Code, shall thereupon cease; any moneys in such fund or funds in excess of 43 the amount necessary to pay such principal and interest shall be distributed to the affected taxing districts in which the Revenue Allocation Area is located in the same manner and proportion as the most recent distribution to the affected taxing districts of the taxes on the taxable property located within the Revenue Allocation Area; and the powers granted to the urban renewal agency under Section 50-2909, Idaho Code, shall thereupon terminate. b. In determining the termination date, the Plan shall recognize that the Agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the Plan. c. For the fiscal year that immediately predates the termination date, the Agency shall adopt and publish a budget specifically for the projected revenues and expenses of the Plan and make a determination as to whether the Revenue Allocation Area can be terminated before January 1 of the termination year pursuant to the terms of Section 50-2909(4), Idaho Code. In the event that the Agency determines that current tax year revenues are sufficient to cover all estimated expenses for the current year and all future years, by May 1, but in any event, no later than September 1, the Agency shall adopt a resolution advising and notifying the local governing body, the county auditor, and the State Tax Commission, recommending the adoption of an ordinance for termination of the Revenue Allocation Area by December 31 of the current year, and declaring a surplus to be distributed as described in Section 50-2909, Idaho Code, should a surplus be determined to exist. The Agency shall cause the ordinance to be filed with the office of the county recorder and the Idaho State Tax Commission as provided in Section 63-215, Idaho Code. Upon termination of the revenue allocation authority of the Plan to the extent the Agency owns or possesses any assets, the Agency shall dispose of any remaining assets by granting or conveying or dedicating such assets to the appropriate public entity. As allowed by Idaho Code Section 50-2905(8), the Agency may retain assets or revenues generated from such assets as loans; the Agency shall have resources other than revenue allocation funds to operate and manage such assets. Similarly, facilities which provide a lease income stream to the Agency for full retirement of the facility debt will allow the Agency to meet debt services obligations and provide for the continued operation and management of the facility. For those assets which do not provide such resources or revenues, the Agency will likely convey such assets to the City or other public entity, depending on the nature of the asset. Upon termination of the revenue allocation authority of the Plan, to the extent the Agency owns or possesses any assets, the Agency shall dispose of any remaining assets by granting or conveying or dedicating such assets to the City or other public entity. 44 900 PROCEDURE FOR AMENDMENT The Plan may be further refined at any time by the Agency provided that, if refined after disposition of real property in the Project Area, the modifications must be consented to by the developer or developers or his successor or successors of such real property whose interest is substantially affected by the proposed refinement to be effective against such persons or entities. Where the proposed refinement will substantially change the Plan, the refinements must be approved by the City Council in the same manner as the original Plan. Substantial changes for City Council approval purposes shall be regarded as revisions in project boundaries, land uses permitted, land acquisition, and other changes which will violate the objectives of this Plan. Amendments are subject to certain limitations as set forth in Idaho Code § 50-2033; however, amendments that do not seek to increase the geographic area of the plan, or do not seek to extend the years of the plan beyond the maximum term allowed are permissible, and include amendments to add additional substantially different sub-projects that were not originally anticipated and included in the Plan. 1000 SEVERABILITY If any one or more of the provisions contained in this Plan to be performed on the part of the Agency shall be declared by any court of competent jurisdiction to be contrary to law, then such provision or provisions shall be null and void and shall be deemed separable from the remaining provisions in this Plan and shall in no way affect the validity of the other provisions of this Plan. 1100 ANNUAL REPORT Under the Law, the Agency is required to file with the City, on or before March 31 of each year, a report of the Agency’s activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. This annual report shall be considered at a public meeting to report these findings and take comments from the public. Additionally, House Bill 560 adopted by the 62 nd Idaho Legislature, Second Regular Session, codified at Idaho Code Section 67-450E, requires the Agency to comply with certain reporting requirements. On or before December 1 of each year, the Agency must submit to the online central registry certain administrative information and financial information, including information regarding bonds or other indebtedness. Failure to comply with the mandatory reporting requirements may result in compliance measures imposed by the Ada County Board of County Commissioners. 1101 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES All attachments and tables referenced in this Plan are attached and incorporated herein by their reference. All other documents referenced in this Plan but not attached are incorporated by their reference as if set forth fully. Attachment 1 Project Area and Revenue Allocation Area Boundary Map Attachment 2 Description of Project Area and Revenue Allocation Area This Project Area is located within the City of Meridian between I-84 and Franklin Road east of Ten Mile Road. The Project Area consists of approximately 301.45 acres (Excluding public rights-of- way) as more particularly described as follows: **** INSERT LEGAL DESCRIPTION ****** Ten Mile URA Ownerships SCS Brighton LLC 12601 W EXPLORER DR STE 200 BOISE, ID 83713 Parcel Number: S1214314810 Parcel description: PAR #4810 @ NE COR NW4SW4 SEC 14 3N 1W #314807-C, #325415-C, #325505-C Parcel Number: S1214223260 Parcel description: PAR #3260 @ SE COR NW4NW4 SEC 14 3N 1W #223250-C, #223015-C Parcel Number: S1214212560 Parcel description: PAR #2560 @ W SIDE NE4NW4 SEC 14 3N 1W #223207-B Parcel Number: S1214212800 Parcel description: PAR #2800 @ SW COR NE4NW4 SEC 14 3N 1W #223405-B Parcel Number: S1214212580 Parcel description: PAR #2580 NR N SIDE NE 4NW4 SEC 14 3N 1W #212620S Parcel Number: S1214212820 Parcel description: PAR #2820 @ S SIDE NE4NW4 SEC 14 3N 1W #212620S Parcel Number:S1214212740 Parcel description: PAR #2740 POR NE4NW4 TEN MILE STUB DRAIN SEC 14 3N 1W #121170S Parcel Number : S1214212720 Parcel description: PAR #2720 @ W SIDE NE4NW4 TEN MILE STUB DRAIN SEC 14 3N 1W #121170S Treasure Valley Investments 4313 Mansville Dr. Danville, CA 94506 Parcel Number: S1214233665 Parcel Description: PAR #36665 OF S2N2 SEC 14 3N 1W Parcel Number: S1214234020 Parcel Description: PAR #4020 @ SW COR SW4NW4 SEC 14 3N 1W Parcel Number: S1214223567 Parcel Description: PAR #3567 NW4NW4 S OF KENNEDY LATERAL EXC R/W SEC 14 3N 1W #223565-B Kostka and Calnon, LLC 2215 W. Franklin Road Meridian, Idaho 83642 Parcel Number: S1214120710 Parcel Description: PAR #0710 @N SIDE NW4NE4 SEC 14 3N 1W #120700-B Parcel Number: S1214121172 Parcel Description: PAR #1172 POR N2 NWNE4 NE4NW TEN MILE STUB DRAIN SEC 14 3N 1W #121170-B Parcel Number: S1214121133 Parcel Description: PAR #1130 S’LY POR NW4NE4 &NE4NW4 SEC 14 3N 1W #121130-B Parcel Number: S1214212622 Parcel Description: PAR #2622 POR NW4NE4 & NE4NW4 SEC 14 3N 1W #212620-B Parcel Number: S1214121134 Parcel Description: PAR #1134 POR NW4NE4 SEC 14 3N 1W PARCEL B R/S 8885 #121132- S Attachment 3 Private Properties Which May Be Acquired by Agency 1. Property is intended to be acquired that is necessary for the extension or expansion of certain rights-of-way for streets, utilities and pedestrian / bicycle trails. No other particular properties have been identified for acquisition by the Agency. The Agency does not intend to purchase property for future development by private persons. 2. The Agency reserves the right to acquire any additional right-of-way or access routes near or around existing or planned rights-of-way. 3. The Agency reserves the right to acquire property needed for the development of public improvements and public facilities and/or to further remediation of environmental conditions that may exist on private property. 4. The Agency reserves the right to acquire deteriorated or deteriorating property in the Project Area for subsequent public use or other lawful disposition as part of its efforts to clean up, revitalize, rehabilitate, develop and/or redevelop property in the Project Area. Attachment 4 Maps Depicting Expected Land Uses and Current Zoning Within Revenue Allocation Area and Project Area Attachments 5.1-5.4 ATTACHMENT 5.1 Public Improvements within the Revenue Allocation Area This attachment includes a projected list of proposed public works or improvements within the Project area. The Project area includes streets and other public rights-of-way. The Meridian Development Corporation (MDC) Improvement List identifies needed investments in capital facilities. Capital facilities generally have long useful lives and significant costs. Some of the improvement projects contained in the MDC Public Improvement List are also contained in the Ten Mile Interchange Specific Area Plan. Some improvement projects included in the MDC Public Improvement List have evolved upon consideration of these and various other City plans and polices, including the Comprehensive Plan, and may have potential grant funding. The project list is not an appropriation or approval of any specific project. The identification of projects needs to be flexible and updated periodically to respond to changing circumstances. The Ten Mile Urban Renewal Plan covers the 20-year period 2017 to 2037. The Ten Mile A URD is estimated to generate $48,091,696 in tax increment revenue between 2018 and 2037 in addition to the initial $50,000 loan from the City of Meridian to activate the program. The total from both sources is estimated to be $48,141,696. There is presently $20,413,300 of project costs identified in the Public Improvement List for public improvement costs provided by the developer. Interest on the debt incurred through the anticipated Owner Participation Agreement (OPA) and City loan is estimated at $5,240,540. Administrative costs over the 20-year life of the district are estimated at $978,848. Total estimated expenditures therefore, equal $33,098,820 leaving a positive program balance of $15,042,876 at the end of the 20-year term. See attached cash flow analysis for detailed estimates. Secure funding includes revenue allocation funds and is money the MDC is highly likely to receive. The funds may not be in the MDC’s possession at the beginning of the Plan period, but it is virtually certain that the Agency will receive the funds. The MDC may need to take specific actions to generate the funding, but those actions are within their powers. Despite the high probability of secure funding, no project can proceed until a specific, enforceable funding plan is in place. Potential funding is money that might be received by the MDC. In every case the MDC is eligible for the funding, and the source of funding exists under current law. However, each potential funding source requires one or more additional steps or decisions before the MDC can obtain the resources, and the ultimate decision is outside of the MDC’s independent control. Grant funds are an example of potential funding. Thus potential funding is not assumed in determining financial feasibility. Unfunded projects, or portions of projects lack secure or potential funding. The amount of tax increment contributed to each project will vary. These projects may be funded in part from a variety of other revenue sources. The timing of each project and the availability of all revenue sources will determine the final combination of funding sources. The plan proposes certain public improvements that will facilitate development and support rehabilitation in the Project area. The investments will be funded from a variety of financing methods and sources. The primary method of financing will be through the use of tax increment revenue (i.e., incremental property taxes from the revenue allocation area). This plan anticipates that the tax increment revenue may be used to pay for improvements through an Owner Participation Agreements with developers of property located within the district. The issuance of bonds is not anticipated in this analysis of financial feasibility but may be an option to be pursued during the life of the district. Other sources of funding for project may include, but are not limited to: • Local Improvement District (LID) • Business Improvement District (BID) • Development Impact Fees • Franchise Fees • Grants from federal, state, local, regional agencies and/or private entities • Other bonds, notes and/or loans • Improvements and/or payments by developers The total project costs and the amount of tax increment contributed to each project are estimates. The estimated project costs and revenues are based on the MDC’s present knowledge and expectations supported by detailed information from development interests associated with the properties in the District. The MDC may modify the projects and/or the plan if the Board deems such modifications necessary to effectuate the plan. The timing of each project and the availability of all revenue sources will determine the final combination of funding sources. Assuming the Ten Mile Urban Renewal Plan is adopted and in force before July 1, 2016, such modifications to the Plan will be permissible. If the Plan is adopted after July 1, 2016, the provisions of legislation adopted by the Idaho Legislature in 2016 may cause any modification to the Plan to trigger the resetting of the base value to the then-current market value thus eliminating any incremental value accrued to that date. Summary of Projects The following tables summarize the estimated total costs for each project category. Specific project funding will be reviewed by the MDC Board during the development of the Owner Participation Agreements, the execution of and any up-dates to such agreements. The numbers displayed below represent the full public improvement costs including right-of way acquisition and full roadway improvements, sidewalks and pedestrian ways, drainage improvements as well as public and private utilities. The improvements and estimated costs are listed by street segment as reflected in the attached map of the District. The costs presented are in 2016 dollars and are not inflated over time. Developer Projects: Ten Mile Urban Renewal District Segment 1 $462,308 Segment 2 $690,685 Segment 3 $1,160,586 Segment 4 $1,967,642 Segment 5 $1,094,947 Segment 6 $1,645,222 Segment 7 $4,284,734 Segment 8 $3,442,813 Segment 9 $2,223,384 Segment 10 $959,575 Segment 11 $905,984 Segment 12 (Street Lights on Ten Mile & Franklin Rd) $251,570 Segment 13 (Traffic Signals at 4 intersections) $1,100,000 Segment 14 (Ten Mile and Franklin Street Frontage Improvements) $223,850 Total Project Costs (un-inflated dollars) $20,413,300 Cost of Operations and Improvements by Year (2017-2037) Year Secure Funding (TIF & City of Meridian Loan) Potential Funding District Operating Expenses OPA & City Loan Debt Service City Loan Debt Service Add’l Principal Payment Total Project Liabilities 2017 $50,000 $0 $25,000 $0 $0 $0 $25,000 2018 $3,535 $0 $25,000 $0 $0 $0 $25,000 2019 $358,006 $0 $35,901 $287,205 $11,000 $0 $334,105 2020 $429,474 $0 $42,947 $343,579 $11,000 $0 $397,527 2021 $685,569 $0 $50,000 $548,455 $11,000 $0 $609,455 2022 $764,912 $0 $50,000 $611,930 $11,000 $0 $672,930 2023 $1,037,504 $0 $50,000 $830,003 $11,000 $0 $891,003 2024 $1,061,572 $0 $50,000 $849,258 $0 $0 $899,258 2025 $1,924,457 $0 $50,000 $1,539,566 $0 $500,000 $2,089,566 2026 $1,690,202 $0 $50,000 $1,352,162 $0 $500,000 $1,902,162 2027 $1,967,722 $0 $50,000 $1,574,178 $0 $100,000 $1,724,178 2028 $2,797,673 $0 $50,000 $2,234,138 $0 $900,000 $3,184,138 2029 $2,577,728 $0 $50,000 $2,062,182 $0 $250,000 $2,362,182 2030 $2,887,603 $0 $50,000 $2,310,082 $0 $500,000 $2,860,082 2031 $3,592,793 $0 $50,000 $2,874,234 $0 $500,000 $3,424,234 2032 $3,623,529 $0 $50,000 $2,898,823 $0 $750,000 $3,698,823 2033 $3,737,660 $0 $50,000 $2,990,128 $0 $1,000,00 0 $4,040,128 2034 $4,689,811 $0 $50,000 $3,759,049 $0 $0 $3,809,049 2035 $4,526,256 $0 $50,000 $0 0 $0 $50,000 2036 $4,923,647 $0 $50,000 $0 $0 $0 $50,000 2037 $4,807,043 $0 $50,000 $0 $0 $0 $50,000 2038 $0 $0 0 0 0 $0 Total $48,141,96 9 $0 $978,848 $27,064,97 2 $4,654,64 7 $5,000,00 0 $33,098,820 Note: This analysis anticipates a positive fund balance of $15,042,876 the end of the project. If Revenue Allocation funding exceeds the forecast amounts, earlier termination of the may be possible ATTACHMENT 5.2 Economic Feasibility Study The Meridian Development Corporation (MDC) Ten Mile Urban Renewal Plan is economically feasible because the proposed development is consistent with the City’s Comprehensive Plan, the amount of growth in the area is consistent with the growth projected in the Comprehensive Plan and the revenue from the MDC Ten Mile Urban Renewal District equals or exceeds the estimated costs of the projects to be funded by the District. The economic feasibility of the MDC Ten Mile Urban Renewal Plan is based on the following factors: • The amount of development proposed in the Project area • The amount of tax revenue to be generated by the proposed development • The amount of other revenue to be received for MDC public improvement projects • The cost of public improvement projects is to be funded by the MDC’s tax increment revenue. • If revenue equals or exceeds project costs, the URA Plan is economically feasible. The following is a summary of the analysis and estimates of the factors used to determine the economic feasibility of Meridian’s Ten Mile Urban Renewal Plan. Meridian Development Corporation Ten Mile Urban Renewal Plan Financial Feasibility Analysis Summary: It is estimated that over the course of the Revenue Allocation District, $48,091,696 of Tax Increment Revenue will be generated. It is also estimated that ten percent (10%) will be used annually for administration of the Urban Renewal District (capped at $50,000 / year for a total of $978,848 for administration costs over the 20-year lifespan of the District. At this time, no Revenue bonds are planned for the Project Area; however, debt scenarios may be feasible as ultimate costs are determined and the cash flow refined should these estimates prove conservative. At the conclusion of the Ten Mile Urban Renewal District in 2037, the termination plan will submit any unspent funds by September 2038 to the County Treasurer to distribute to the taxing districts according to their levy percentages. The Cash Flow analysis indicates that there may be potential to terminate the district at an earlier point than suggested by the conservative estimates. The graph entitled “Ten Mile Urban Renewal District Cash Flow Analysis 2016” gives a more detailed outlook on the revenues and expenses of the MDC Ten Mile Urban Renewal District. The following assumptions were made in the formulation of the Financial Feasibility Analysis: o Land Value Increase @ 1% / Yr o Improvement Value Increase @ 2% / Yr. o Tax Rate remains constant o Total Cost (inflated) of Improvements over the life of the project: $21,829,432 o Developer installed improvements would be subject to an Owner Participation Agreement with MDC repaying the developer for such costs from the tax increment revenue generated by the project. o The Cash Flow Analysis assumes 80% 0f the annual Revenue Allocation funds will be committed to repayment of the debt created through the OPA. o Additional principal payments are assumed as excess cash accumulates in the Ten Mile URD A Fund at the discretion of the MDC Board. o 10% of annual tax increment revenue would be allocated for District operational expenses, however that amount would be capped at $50,000 per year. o Tax rate does not include debt service for bonds issued after 2007, judgment levies or the School District Plant or supplemental levies excluded by law. The Financial Feasibility Analysis shows that the project is 100% financially feasible and will generate adequate funds within the project area to fund the necessary capital improvements. The Agency is committed to closing the district as soon as the project is deemed complete and all infrastructure improvements are made and financial obligations satisfied. This would result in a benefit to the taxing districts and taxpayers supporting those districts. Attachment 6 Ten Mile Urban Renewal District Eligibility Report – September 2015 Ten Mile Urban Renewal District (Proposed) Eligibility Report Prepared for The City of Meridian and The Meridian Development Corporation November 2015 Kushlan | Associates Boise, Idaho Introduction: Kushlan | Associates was retained by the City of Meridian to assist in their consideration of establishing a new urban renewal district in the City of Meridian, Idaho. Elected Officials serving the City of Meridian are: Mayor: Tammy de Weerd Council President: Charles Rountree Council Vice President: Keith Bird Council Members: Joe Borton Luke Cavener Genesis Milam David Zaremba City Staff Community Development Director: Bruce Chatterton Planning Division Manager: Caleb Hood Economic Development Administrator: Brenda Sherwood Idaho statutes, at Title 50-2006 states: “URBAN RENEWAL AGENCY. (a) There is hereby created in each municipality an independent public body corporate and politic to be known as the "urban renewal agency" that was created by resolution as provided in section 50-2005” to carry out the powers enumerated in the statutes.” The Meridian City Council adopted Resolution 01-397 on July 24, 2001 bringing forth those powers within the City of Meridian. The Mayor, with the confirmation of the City Council, has appointed nine members to the Urban Renewal Agency of the City of Meridian, also doing business as the Meridian Development Corporation (MDC). The MDC currently oversees the implementation of one urban renewal district focused on the revitalization of downtown Meridian that was established by the City Council’s adoption of Ordinance No. 02-987 on December 3, 2002. The current membership of the Commission is as follows: Chair: Jim Escobar Vice Chairman Dan Basalone Secretary David Winder Commissioners Calvin Barrett Keith Bird Tammy de Weerd Kit Fitzgerald Eric Jensen Callie Zamzow Staff: Urban Renewal Administrator: Ashley Squyres Legal Counsel: Todd Lakey Map of Existing Downtown Meridian Urban Renewal District Background: While Native Americans inhabited the area for centuries, the development of the community of Meridian, as we know it today, evolved through the late nineteenth century. European settlement started in the 1880s and was originally located on a farm owned by the Onweiler family. A school was opened in 1885. The U.S. Postal Service established a mail drop along the Oregon Short Line Railroad and the site was named Hunter after its superintendent. Community activity grew around this mail stop focused on the railroad. In 1893 an Odd Fellows lodge was organized and called itself Meridian, acknowledging that it was located on the Boise Meridian the primary North-South survey benchmark for Idaho. That name grew in primary use as the name of the settlement and the Village of Meridian was incorporated in 1903 with a population of approximately 200. The economy had traditionally been focused on the support of the surrounding agricultural activities. A major creamery was established in the community in 1897 to support the nearby dairies. Fruit orchards were located throughout the area. Meridian was a significant stop on the Interurban electric railway from 1908 to 1928. This service provided convenient access for passengers and freight in both easterly and westerly directions. Throughout most of the 20 th century, Meridian remained a relatively quiet community focused on its agricultural roots. US Census Bureau data, reflects a 1910 population of 619 people growing to 2,616 by 1970. However, starting in 1970 the pace of growth in Southwest Idaho quickened and Meridian’s growth initially reflected, and then exceeded the regional rates by significant margins. Over the past twenty-five years the rate of growth has been startling by any reasonable standard. The following table reflects that population growth over the city’s history. 1903 (Incorporation Estimate) 200 1910 619 1920 1,013 1930 1,004 1940 1,465 1950 2,081 1960 2,616 1970 6,658 1990 9,596 2000 34 ,919 2010 75 ,092 2014 (Estimate) 85 ,000 When income statistics are compared to statewide numbers, the population of Meridian compares favorably with the rest of Idaho in these categories. The median household income in Meridian is $63,571, approximately 37% above the statewide figure of $46,767. Per capita money income for the Meridian population is $26,377 as compared to the statewide number of $22,568. The percentage of the Meridian population below poverty level is 8.4% as compared to the statewide number of 15.5%. Investment Capacity : Cities across the nation actively participate in the economic vitality of their communities through investment in infrastructure. Water and sewer facilities as well as transportation, communication, electrical distribution and other systems are all integral elements of an economically viable community. Idaho cities have a significant challenge in responding to these demands along with the on-going need to reinvest in their general physical plant to ensure it does not deteriorate to the point of system failure. They face stringent statutory and constitutional limitations on revenue generation and debt as well as near total dependence upon state legislative action to provide funding options. These strictures severely constrain capital investment strategies. The tools made available to cities in Title 50, Chapters 20 and 29, the Urban Renewal Law and Economic Development Act are some of the few that are available to assist communities in their efforts to support economic vitality. New sources of State support are unlikely to become available in the foreseeable future, thus the City of Meridian’s interest in exploring the potential for establishing their second urban renewal district is an appropriate public policy consideration. The City of Meridian initially established its Urban Renewal Agency in 2001. As noted above, its exclusive focus, limited by the boundaries of the district, is on the traditional downtown area of Meridian. Ten Mile Interchange Specific Area Plan The Idaho Transportation Department initiated planning for the development of a new interchange with Interstate 84 at Ten Mile Road in the 1990s. Construction of the interchange was completed in 2012. In support of the State’s investment and in anticipation of the resultant development pressure from the opening of the new interchange on the area immediately west of the Meridian City limits, the City initiated a broad-based planning effort for the general area. The Plan that was produced was the Ten Mile Interchange Specific Area Plan and was adopted by the City Council on June 19, 2007. The Plan remains in effect and is intended to guide development decisions within the study area. A map of the Ten Mile Interchange Specific Area Plan is provided below: As indicated in the Plan map, substantial public infrastructure is called for in implementing the development patterned envisioned. Thus far, development opportunities considered for the area covered by the Plan have been insufficient in scale to support the required public facility investment. This imbalance has thwarted the orderly implementation of the planning undertaken by the City and the property owners. This lack of progress has stimulated the current interest in exercising the powers granted under State Law in the establishment of a second urban renewal district in Meridian. Steps in Consideration of an Urban Renewal District: The first step in consideration of establishing an urban renewal district in Idaho is to define a potential area for analysis as to whether conditions exist within it to qualify for redevelopment activities under the statute. In this report, the lands evaluated are called the “Study Area”. The next step in the process is to review the conditions within the Study Area to determine whether the area is eligible for creating a district. The State Law governing urban renewal sets out the following criteria, at least one of which must be found, for an area to be considered eligible for urban renewal activities. 1. The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site; [50-2018(9); and 50-2903(8)(b) and (8)(c); and 52008(d)(4)(2) 2. Age or Obsolescence [50-2018(8) and 50-2903(8)(a)] 3. Predominance of Defective or Inadequate Street Layout [50-2018(9) and a. 50-2903(8) 4. Outmoded Street Patterns [50-2008(d)(4)(2) 5. Need for Correlation of Area with Other Areas of a Municipality by Streets; and Modern Traffic Requirements [50-2008(d)(4)(2)]. 6. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness [50-2018(9) and 50-2903(8)(b)] 7. Unsuitable Topography or Faulty Lot Layouts [50-2008(d)(4)(2)] 8. Insanitary or Unsafe Conditions [50-2018(9)] and [50-2903(8)(b)] 9. Diversity of Ownership [50-2018(9); [50-2903(8)(b) and (8)(c)]; and [50- a. 2008(d)(4)(2)] 10. Tax or Special Assessment Delinquency; [50-2018(9) 11. Defective or unusual condition of title; [50-2018(9) 12. Substantially Impairs or Arrests the Sound Growth of a Municipality a. [50-2018(9) and [50-2903(8)(b) 13. Conditions Which Retard Development of the Area [50-2008(d)(4)(2)] 14. Results in Economic Underdevelopment of the Area [50-2903(8)(b)]; and Economic Disuse [50-2008(d)(4)(2)] If the Eligibility Report finds that one or more of the conditions noted above exist within the Study Area, then the Urban Renewal Agency may adopt it and forward it to the City Council for their consideration. If the City Council concurs with the determination of the Urban Renewal Agency, they may direct that an Urban Renewal Plan be developed for the area that addresses the issues raised in the Eligibility Report. The Urban Renewal Agency, then acts to prepare the Urban Renewal Plan for the new District and determines whether to also recommend the establishment of a Revenue Allocation Area to fund improvements called for in the Plan. Once the Plan for the District and Revenue Allocation Area are completed, the Urban Renewal Board of Commissioners forwards it, along with their recommendation, to the City Council for their formal consideration. The City Council must refer the proposed Urban Renewal Plan to the Planning and Zoning Commission for a finding that the Plan, as presented, is consistent with the City’s Comprehensive Plan. The Planning and Zoning Commission has 60 days to complete their review. At the same time, other taxing entities levying property taxes within the boundaries of the proposed Urban Renewal District are provided a thirty-day opportunity to comment on the Plan to the City Council. While the taxing entities are invited to comment on the Plan, their concurrence is not required for the City Council to proceed with their consideration. In the case of the Ten Mile Study Area, the effected taxing districts for those properties located within the city limits of Meridian are: • The City of Meridian • The West Ada School District (School District No. 2) • Ada County • Emergency Medical District • Mosquito Abatement District • The Ada County Highway District • Meridian Library District • Meridian Cemetery District • Western Ada Recreation District • College of Western Idaho For those properties located in unincorporated Ada County, the effected taxing districts are: • The West Ada School District (Joint School District No. 2) • Ada County • Emergency Medical District • Mosquito Abatement District • The Ada County Highway District • Meridian Library District • Meridian Cemetery District • Western Ada Recreation District • College of Western Idaho • Meridian Fire District • Pest Extermination District Once/If the Planning and Zoning Commission makes their finding of consistency and the thirty-day comment period for the various taxing entities has passed, the City Council is permitted to hold a public hearing and formally consider the Adoption of the Plan creating the new Urban Renewal District and Revenue Allocation Area. The City Council also must find that the taxable value within the district to be created, plus the Base Assessed Value of any existing Urban Renewal / Revenue Allocation areas do not exceed the statutory maximum of 10% of the citywide assessed valuation. If the City Council, in their discretion, chooses to proceed, they will officially adopt the Urban Renewal Plan and Revenue Allocation Area and provide official notification of that action to the County Assessor and Idaho State Tax Commission. The Urban Renewal Agency then proceeds to implement the Plan. Description of the Ten Mile Study Area: The Study Area subject to the current review is located on the east side of Ten Mile Road, north of the Interstate 84 right-of-way and south of Franklin Road. All properties included are within the boundaries of the Ten Mile Interchange Specific Area Plan. The Study Area consists of twenty (20), relatively large, tax parcels. To provide the Agency and the City maximum flexibility in considering the ultimate extent of the District, the Study Area has been divided into sub-districts, defined primarily by ownership, for analysis. This will allow convenient decision- making by the Agency and City on which properties to include in the formation of a District should that be their determination. The Study Area has been divided into four Sub-districts designated as TM-1 through TM-4 as noted in the following map and table. The size and value information presented in Table 1 was derived from the Ada County Assessor’s on-line parcel information system. The current taxable value of the Study Area is $4,482,400. However, a substantial portion of that area maintains an agricultural property tax exemption. This is important because State Law requires that when such properties transition from this exemption, the resultant increase in taxable value accrues to the Base Assessed Value instead of the Incremental Value. This requires estimating the impact of this transition. In reviewing the values ascribed to the various parcels, values range from $.04 to $.08 per square foot for agricultural exempt land. The consultant met with the staff of the Ada County Assessor to determine the value they place on the subject parcels before the exemption is applied. They indicated that a per square foot value of between $2.00 and $3.00 would be consistent with values they place on similarly zoned properties within the immediate area. They indicated that value, absent other information, is what should be used in considering the non-exempt values. Therefore, the taxable values have been adjusted to reflect this higher number as a basis for making the 10% calculation. Using the higher value ($3.00) to be conservative, we calculate that the Base Assessed Value of the Ten Mile URD moves from the $4,482,400 amount with the agricultural exemptions to $39,539,125 with those exemptions removed . It should be noted that the mere inclusion of a parcel within an urban renewal district does not have any effect on the agricultural exemption. That status would change only upon a change of use away from agricultural Ten Mile Urban Renewal District Study Area & Sub-Districts Table 1 Sub-District Ownership Parcel # Acreage 2015 Taxable AV Est. 2015 Base AV w/o ag. Exemption TM-1 SCS Brighton LLC South Parcel S1214314810 75.52 $265,600 $9,8 68 ,954 • Note: These acreages are exclusive of adjacent public rights-of-way for Ten Mile and Franklin Roads that should be included in the ultimate boundaries of any district established. Publicly owned properties are assigned no value in Idaho assessments, so including them makes no difference to the value calculation, but will slightly increase the ultimate acreage. Only half of the right-of way for Ten Mile Road and Franklin Road adjacent to TM-1 (northern portion) are included as only half of the right-of way has been annexed into the City. Description of the sub-districts: North Parcels S1214223260 34.63 $2,494,200 $4,525 ,448 S1214212560 3.631 $138,500 $474 ,499 S1214212800 2.875 $4,600 $375 ,705 Sub -District TM-1 Total 116.656 $2,902,900 $15 ,244,606 TM-2 Treasure Valley Investments LLC S1214233665 111.572 $235 ,300 $14 ,580 ,229 S1214234020 4.211 $9,500 $550 ,293 S1214223567 2.131 $4,800 $278 ,479 Sub -District TM-2 Total 117.914 $249,600 $15 ,409,002 TM-3 SCS Brighton LLC S1214212580 6.557 $10,700 $856 ,869 S1214212820 5.443 $8,900 $711 ,291 S1214212740 1.286 0 0 S1214212720 0.686 0 0 SCS Brighton LLC Sub - total 13.972 $19,600 $1,568 ,160 Kostka Calnon Enterprises Limited Partnership S1214120710 2.201 $163,100 $287 ,1 627 S1214121133 20.18 $32,600 $2,637 ,122 S1214212622 12.912 $21,000 $1,687 ,340 S1214121134 12.2 $47,700 $1,594 ,296 S1214121172 5.41 0 0 Sub -total Kostka Calnon 52.903 $264,400 $6,206 ,385 Bainbridge S1214120631 0.972 $167,300 $127 ,021 S1214120331 2.104 $169,600 $274 ,951 Sub -total Bainbridge 3.076 $336,900 $401 ,9 72 Sub -District TM-3 Total 69.951 $620,900 $8,176 ,561 TM-4 Twelve Oakes LLC R8580480010 1.438 $108,174 $108,174 R8580480020 7.987 $600,826 $600,826 Sub -District TM-4 Total 9.425 $709,000 $709,000 Consolidated 313.9 46 $4,482,400 $39 ,5 39 ,125 Sub-District TM-1; As noted in the table above, Sub-District TM-1 consists of four tax parcels. The largest parcel (75.25 acres) is located at the southern limits of the Sub-district immediately adjacent to the freeway interchange. It remains primarily in agricultural use. Of the total acreage, 4.0 acres has been designated by the Assessor as the homesite and thus not subject to the agricultural exemption accruing to the balance of the property. The homesite is assessed at $143,100. Associated with the homesite, there was a residence constructed in 1969 with an assessed value of $14,100. However, that residence has been removed from the property, but a large equipment shed remains on the property and in use. The balance of the property (67.8 acres) carries a valuation of $108,400. The relatively low taxable value of the majority of the land is a result of the agricultural land property tax exemption available to owners of property dedicated to agricultural uses under Idaho law. When the improvement value assigned to a parcel is less than the land value, a deteriorated or deteriorating condition is present. National real estate appraisal standards suggest that in an economically viable property, land value should contribute approximately 30% of the total value leaving 70% to the improvements. As that ratio shifts, with improvement value declining as a proportion of the total, a condition of disinvestment is determined to be present. At a point when the improvement value represents less than 50% of the total (i.e. improvement value is less than land value) such condition represents a “deteriorating condition” for the purposes of this analysis. A random survey of Ada County Assessor property records of parcels in the immediate proximity of the proposed Ten Mile Urban Renewal District Study Area reflects these ratios. Sample residential properties constructed within the past 20 years reflect a land value of between 27% and 39% of the total values. Commercial properties, where appraisals are determined on an income basis instead of cost or comparable properties, reflected land values of between 20% and 29% of total value. When the homesite in Subdistrict TM-1 is analyzed, an improvement value was found that is less than 10% (9.85%) of the land value. However, the residence and various outbuildings on the property have been removed, even though they are still recognized on Ada County Assessor records. The Ten Mile Road frontage has been improved to current urban standards but the balance of the property has no public infrastructure to support the development pattern envisioned in the Ten Mile Interchange Specific Area Plan. A short portion of the Ten Mile Drain extends from the east into the northern Brighton properties, but is not part of that ownership and various maps show this small parcel remains outside the incorporated area of the City of Meridian. Since this small parcel is not in the city limits, it is included in TM-3, not TM-1. The drain physically continues in a northwesterly direction cross the Brighton parcels, but it is not recognized as a separate parcel in this area. The parcels located within the northerly portion of the sub-district have recently been platted for commercial development, but no investment has been made. Some preliminary planning has been conducted on potential development consistent with the Specific Area Plan, but no formal process implementing the Plan has been pursued. One lot (S1214212800) containing 2.875 acres has no access to a public street. While the parcels included in Sub-District TM-1 are under one ownership, they are not all contiguous. The statute does not require contiguity in the establishment of a district, however, the State Tax Commission maintains a policy that does. This contiguity can be achieved by including the Ten Mile Road right-of-way that is adjacent to the intervening parcel to establish one contiguous district boundary should the City determine to not include the TM-2 Sub- District. Sub-District TM-2: This Sub-District consists of three (3) parcels, all of which remain in active agricultural use. One parcel contains 111.572 acres, one contains 4.211 acres and one contains 2.131 acres for a total of 117.914 areas. As in TM-1, the properties located in TM-2 have no infrastructure installed other than the improvements to Ten Mile Road. No structures or other improvements are located within the boundaries of Sub-District TM-2. One lot (S1214223567) has no access to a public street. A dedicated but unimproved right-of- way separates the larger parcel from the 4-acre lot. Questions exist with regard to the sufficiency of the right-of-way, both in terms of width and alignment. According to representatives of the property owner, a low spot exists at the extreme southeast corner of the larger parcel allowing for the ponding of run-off from neighboring properties. The Kennedy Lateral extends in an east-west direction across most of the site. These properties are annexed and a general concept for development of the sub-district exists but no active progress has been made toward implementation. Sub-District TM-3: Sub-District TM-3 contains eleven (11) parcels under three ownerships. SCS Brighton LLC owns four parcels consisting of 6.065 acres located along the westerly edge of the sub-district and adjacent to their holdings in TM-1. The lot located south of the Ten Mile Drain has no access to a public street. One of the parcels is the extension of the Ten Mile Drain and another is designated as “wasteland” by the County Assessor, and thus carry no value. Steven J. Bainbridge owns two residential parcels located at the easterly end of the sub-district fronting on West Franklin Road and consisting of 3.076 acres. One parcel (S1214120631) consists of 0.972 acres and carries a land value of $93,200 and improvement value of $74,100 (80% 0f land value) thus suggesting disinvestment. The other parcel (S1214120661) is 2.104 acres in size and has a land value of $117,700 and improvement value of $51,900 (44% of land value) also suggesting a condition of disinvestment. The majority of the sub-district is held in the ownership of Kostka-Calnon Limited Partnership. This ownership is made up of five (5) parcels containing 52.903 acres. The Ten Mile drainage facility consisting of 5.41 acres traverses the Kostka-Calnon ownership and is classified as “wasteland” by the Ada County Assessor and therefore has been assigned no assessed value for taxation purposes. The total area of Sub-District TM-3, including the three ownerships and the “waste” parcels is 69.951 acres. The Kostka – Calnon parcels also remain in active agricultural usage, but 1.5 acres have been designated as the homesite (S1214121134), with an assessed value of $20,000. The residential improvement on the homesite includes a residence constructed in 1916 and carries a valuation of $10,300 or 51.5% of the associated land value. The remaining value on the homesite parcel ($17,400) and the values of the other two parcels ($53,600) used for agricultural purposes are subject to the agricultural exemption. An additional residential parcel (S1214120710) consists of 2.201 acres and has an assessed value of $163,100 for both land and improvement values. In this case the improvement value is assessed at 40% of the land value, suggesting disinvestment. An open irrigation lateral runs through the properties. The Brighton parcels remain fully in agricultural usage and no structures are present on the properties. The Ten Mile drain separates the two Brighton parcels creating a land- locked parcel. One lot under Kostka – Calnon ownership (S1214121133) consisting of 20.18 acres is situated south of the Ten Mile Drain and, like the Brighton parcel, has no access to a public street. No active development planning is evident on the properties located within the sub-district. The entire extent of Sub-District TM-3 remains in unincorporated Ada County. Should the Agency and City conclude that the properties located within this area be included in an urban renewal district, the parcels to be included would need to be either annexed into the City of Meridian prior to the effective date of the creation of the district, or be subject to an agreement between the City of Meridian and Ada County permitting the unincorporated parcels to be included. The Brighton and Kostka / Calnon properties have petitioned for annexation and that process is currently underway. The Bainbridge properties are not part of the annexation petition. Sub-District TM-4: Sub-District TM-4 consists of two tax parcels under the ownership of Twelve Oakes LLC, according to the records of the Ada County Assessor. The ownership is divided between a commercial tract located along the Franklin Road frontage and the majority (7.987 acres) designated for mixed-use development. There are no improvements or structures on the property. As noted above, the property has received initial entitlements for development but no schedule for installation of improvements has been established. The only public infrastructure serving the site, at this time, is the fully improved frontage of Franklin Road and an irrigation lateral located along the west property line. The north-south portion of the irrigation lateral separating TM-4 from TM-3 has been piped as required by City approvals. Analysis of the Study Area: A review of the Study Area reflects a pattern of delayed investment or an area in transition. This is particularly notable given the area’s proximity to substantial public investment in the Ten Mile interchange and street and utility improvements to both Ten Mile Road and Franklin Road. The Ten Mile Interchange Specific Area Plan provides a clearly articulated vision for a high- density mixed-use development pattern in this area that would capitalize on the access and utility investments already made by public entities. To date, however, while some planning has been done consistent with the Plan, little progress has been made to implement the vision. The Plan calls for substantial investment in public infrastructure but the market to date has proven incapable of supporting the capital costs. It appears as though meaningful progress may depend upon some level of public intervention to support the desired private investment to bring the Plan to reality. The individual sub-districts will be analyzed in the context of the adopted Specific Area Plan, and then the Study Area as a whole will be looked at to determine a final recommendation. For the convenience of the reader, the statutory criteria are reiterated, at least one of which must be found to qualify an area for urban renewal activities. Those conditions are: 1. The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site; [50-2018(9); and 50-2903(8)(b) and (8)(c); and 52008(d)(4)(2)] 2. Age or Obsolescence [50-2018(8) and 50-2903(8)(a)] 3. Predominance of Defective or Inadequate Street Layout [50-2018(9) and 50-2903(8)] 4. Outmoded Street Patterns [50-2008(d)(4)(2)] 5. Need for Correlation of Area with Other Areas of a Municipality by Streets; and Modern Traffic Requirements [50-2008(d)(4)(2)]. 6. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness [50-2018(9) and 50-2903(8)(b)] 7. Unsuitable Topography or Faulty Lot Layouts [50-2008(d)(4)(2)] 8. Insanitary or Unsafe Conditions [50-2018(9)] and [50-2903(8)(b)] 9. Diversity of Ownership [50-2018(9)]; [50-2903(8)(b) and (8)(c)]; and [50- 2008(d)(4)(2)] 10. Tax or Special Assessment Delinquency; [50-2018(9)] 11. Defective or unusual condition of title; [50-2018(9)] 12. Substantially Impairs or Arrests the Sound Growth of a Municipality a. [50-2018(9) and [50-2903(8)(b)] 13. Conditions Which Retard Development of the Area [50-2008(d)(4)(2)] 14. Results in Economic Underdevelopment of the Area [50-2903(8)(b)]; and Economic Disuse [50-2008(d)(4)(2)] Analysis: Sub-District TM-1 Criterion #1: The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site: The structures associated with these properties are located at the extreme south end of the Study Area and are adjacent to the recently constructed interchange. As noted above, the house and other outbuildings on the homesite have been removed, leaving only a large equipment shed on the property. That structure is relatively new and is appropriate to support a continued agricultural use but is inconsistent with the vision inherent in the Specific Area Plan. Since the majority of the structures previously located on the property have been removed, no deteriorated or deteriorating structures remain. Therefore, criterion #1 is not met. Criterion #2: Age or Obsolescence: Again, as noted above the structures were built to serve the historic agricultural use. While the remaining structure is not old, it is not of a nature to support the high-density mixed-use envisioned in the Plan. Additionally a significantly large and open drainage channel traverses the northerly parcels. This remains a common method of providing drainage to agricultural lands, but is inconsistent with high-density urban uses envisioned for the area. Therefore the remaining equipment shed and the open drainage channel are obsolete in this context and as such, criterion #2 is met. Criterion #3: Predominance of Defective or Inadequate Street Layout: As noted above, it is recommended to include the Ten Mile Road and Franklin Road rights-of- way within the boundaries of the sub-district. As such, the improvements made to these facilities in recent years appear adequate to serve the anticipated development. However, there are no streets in place to serve the internal development of these relatively large parcels. Implementation of the Specific Area Plan requires circulation throughout the planning area and since no streets currently exist to serve the anticipated interior development, criterion #3 is met. Criterion #4: Outmoded Street Patterns: This criterion is addressed in the same manner as the previous one and since there is no interior circulation pattern in place, criterion #4 is met. Criterion #5: Need for Correlation of Area with Other Areas of a Municipality by Streets; and Modern Traffic Requirements: While the Ten Mile Interchange and the Ten Mile Road and Franklin Road improvements provide good access to the area for the broader Meridian and regional community, the internal circulation system is non-existent at this point in time. The Specific Area Plan calls-out specific locations for access points into the sub-district so as to coordinate access into adjacent properties and thus allowing future signalization enhancing traffic safety in the area. While curb returns have been installed at specific locations, no means of providing streets connecting to these access points is currently in place so criterion #5 is met. Criterion #6: Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness: The parcels in the sub-district are of a size and configuration appropriate for the historic agricultural use for which they have been deployed for several decades. However, as the City and region have developed around these properties, the large lots in the sub-district are not properly configured to accommodate the development pattern envisioned in the Specific Area Plan. A more fine-grained and high-density development pattern is represented in the adopted Plan. Also, as noted above, one of the lots in the northerly section of TM-1 has no access to a public right-of-way. Therefore criterion #6 is met. Criterion #7: Unsuitable Topography or Faulty Lot Layouts: While the topography of the sub- district presents no difficulty for implementation of the Plan the lot layout as noted above is inappropriate for the uses envisioned and one parcel is land-locked. Thus criterion # 7 is met. Criterion #8: Insanitary or Unsafe Conditions: Again, given the current agricultural use “insanitary and unsafe conditions” are not present. However, when considering the anticipated development pattern, the sub-area is completely devoid of public water supply and distribution facilities. No provision for required fire flows nor any provision of sanitary sewer or storm drainage facilities adequate to the demand has been made. Therefore, criterion #8 is met. Criterion #9: Diversity of Ownership: There are four parcels included in Sub-District TM-1. All of these parcels are under the ownership of a single entity. Therefore, criterion # 9 is not met. Criterion #10: Tax or Special Assessment Delinquency: According to Ada County Assessor records, no delinquencies exist. Therefore, criterion #10 is not met Criterion #11: Defective or unusual condition of title: The two smaller parcels in the northern section of TM-1 appear to have been created by an informal “Lot split” and not through formal subdivision. Therefore they do not represent a legal lot of record, but merely a separate parcel for taxation purposes. While this is a legal process in the State of Idaho such tax parcels may not comply with zoning and other site requirements. This can be viewed as an unusual condition of title. Therefore, criterion #11 is met. Criterion #12: Substantially Impairs or Arrests the Sound Growth of a Municipality : The State of Idaho, the City of Meridian and the Ada County Highway District have made substantial investment in the transportation and utility facilities serving this and the surrounding areas. The City of Meridian has expressed its vision for this area in the creation and adoption of the Ten Mile Interchange Specific Area Plan, but without the capacity to provide public infrastructure, the Study Area will remain an under-utilized area in the midst of the fastest growing area in the State of Idaho. Criterion #12 is met. Criterion #13: Conditions Which Retard Development of the Area: See discussion of Criterion #12 above. Criterion #13 is met. Criterion #14: Results in Economic Underdevelopment of the Area: See discussion of Criterion #12 above. Criterion #14 is met. Findings: Sub-District TM-1: Conditions exist within the sub-district to allow the Board of Commissioners of the Meridian Development Corporation and the Meridian City Council to determine that the area is eligible for urban renewal activities as prescribed in State Law. Analysis: Sub-District TM-2 Criterion #1: The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site: Sub-District TM-2 consists of approximately 118 acres of undeveloped farmland. The entire acreage is used for agricultural purposes with no structures present on the properties. Therefore, criterion #1 is not met. Criterion #2: Age or Obsolescence: Again, no structures are present on the property and the only infrastructure serving the property is the recently improved Ten Mile Road which meets current standards. The Kennedy Lateral serves the current agricultural uses, but the open nature of the facility is not compatible with the development pattern envisioned in the Specific Area Plan and thus can be considered obsolete. Therefore, criterion #2 is met. Criterion #3: Predominance of Defective or Inadequate Street Layout: The only street serving this sub-district is Ten Mile Road which fronts the westerly edge of the sub-district. An unimproved right-of-way exists in the Southwest corner of the Sub-district This dedicated right- of-way extending into the property in a curvilinear fashion is viewed by the property owner as inadequate both in terms of width and alignment to support development plans for the property. No mechanism is in place to install required infrastructure. Effective development of the 118 acres requires public street access to the full extent of the property. Such street network does not exist at this time. Therefore, criterion # 3 is met. Criterion #4: Outmoded Street Patterns: This criterion is addressed in the same manner as the previous one and since there is no interior circulation pattern in place, criterion #4 is met. Criterion #5: Need for Correlation of Area with Other Areas of a Municipality by Streets; and Modern Traffic Requirements: While the Ten Mile Interchange and the Ten Mile Road and Franklin Road improvements provide good access to the area for the broader Meridian and regional community, the internal circulation system is non-existent at this point in time. The Specific Area Plan calls out specific locations for access points into the sub-district so as to coordinate access into adjacent properties and thus allowing future signalization enhancing traffic safety in the area. While curb returns have been installed at specific locations, no means of providing streets connecting to these access points is currently in place. The right-of–way extending into the property is viewed as inadequate by the property owner. Therefore, criterion #5 is met. Criterion #6: Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness: The parcels in the sub-district are of a size and configuration appropriate for the historic agricultural use for which they have been deployed for several decades. However, as the City and region has developed around these properties, the large lots in the sub-district are not properly configured to accommodate the development pattern envisioned in the Specific Area Plan. A more fine- grained and high-density development pattern is represented in the adopted Plan. One land- locked lot has no access to public right-of-way. Therefore, criterion #6 is met. Criterion #7: Unsuitable Topography or Faulty Lot Layouts: A low area at the southeast corner of the largest parcel acts as an informal drainage basin, receiving run-off from adjacent residential properties. The topography of the rest of the sub-district presents no difficulty for implementation of the Specific Area Plan. The lot layout as noted above is inappropriate for the uses envisioned. Again, one lot has no access to a public street. Thus, criterion # 7 is met. Criterion #8: Insanitary or Unsafe Conditions: Again, given the current agricultural use “insanitary and unsafe conditions” are not present. However, when considering the anticipated development pattern, the sub-district is completely devoid of public water supply and distribution facilities. No provision for required fire flows nor any provision of sanitary sewer or storm drainage facilities adequate to the demand has been made. The open configuration of the Kennedy Lateral would create an unsafe condition under the development pattern envisioned in the Specific Area Plan. Therefore, criterion #8 is met. Criterion #9: Diversity of Ownership: There are three parcels included in Sub-District TM-2. All of these parcels are under the ownership of a single entity. Therefore, criterion # 9 is not met. Criterion #10: Tax or Special Assessment Delinquency: According to Ada County Assessor records, no delinquencies exist. Therefore, criterion #10 is not met. Criterion #11: Defective or unusual condition of title: No defective or unusual conditions of title exist. Therefore, criterion #11 is not met. Criterion #12: Substantially Impairs or Arrests the Sound Growth of a Municipality : The State of Idaho, the City of Meridian and the Ada County Highway District have made substantial investment in the transportation and utility facilities serving this and the surrounding areas. City of Meridian has expressed its vision for this area in the creation and adoption of the Ten Mile Interchange Specific Area Plan, but without the capacity to provide public infrastructure, the Study Area will remain and under-utilized area in the midst of the fastest growing areas in the State of Idaho. Criterion #12 is met. Criterion #13: Conditions Which Retard Development of the Area: See discussion of Criterion #12 above. Criterion #13 is met. Criterion #14: Results in Economic Underdevelopment of the Area: See discussion of Criterion #12 above. Criterion #14 is met. Findings: Sub-District TM-2: Conditions exist within the sub-district to allow the Board of Commissioners of the Meridian Development Corporation and the Meridian City Council to determine that the area is eligible for urban renewal activities as prescribed in State Law. Analysis: Sub-District TM-3 Criterion #1: The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site: As with the other sub-districts previously reviewed, the properties included within Sub-District TM-3 have been dedicated to agricultural pursuits for many decades. Structures, both residences and outbuildings were developed on the properties fronting on West Franklin Road to support that use. The Ada County Assessor recognizes four residential structures and several outbuildings in this sub-district, all of which reflect improvement values less than the values assigned to the parcels on which they are located. These residences reflect values ranging from 28% to 80% of the land value. This situation suggests a deteriorating condition of the improvements. While the condition of many of the structures remains serviceable for their historic use, the higher intensity uses envisioned in the Specific Area Plan are incompatible with the older buildings. Therefore, criterion #1 is met. Criterion #2: Age or Obsolescence: The County Assessor recognizes four residential structures in the sub-district two of which approach 100 years of age and one being 85 years old. The other dwelling was constructed in 1980. A variety of out buildings exist on the properties. The age of the majority of the buildings suggests that the structures on the properties are functionally obsolete. It is most likely that implementation of the City’s plans for the area will require demolition or relocation of most of the structures currently in place. Another infrastructure element located in the sub-district is the Ten Mile Drainage facility. It is an open ditch that traverses the sub-district actually separating the southerly lot from those fronting on Franklin Road and thus creating a relatively large parcel with no public access. The ditch may be adequate for the current use of the property, but the higher density uses envisioned in the planning documents render this facility obsolete in the more urban context that has evolved around this property. Finally, the property is served by an irrigation lateral (Vaughan Lateral) that runs along the east boundary of the sub-district then traverses the area in an east-west configuration before returning to the north boundary at Franklin Road. As long as the properties remain in agricultural use the open facility functions adequately. However, as the development on the properties intensifies, the open nature of the lateral will present a potentially hazardous condition and therefore would be rendered obsolete. The lateral has been piped along the easterly boundary of TM-3 suggesting that a similar treatment of the east-west section will be required as a condition of development at some time in the future. Therefore, criterion #2 is met. Criterion #3: Predominance of Defective or Inadequate Street Layout: West Franklin Road has been improved to full urban standards across the northerly frontage of this sub-district. An unimproved private roadway provides the only access to the interior part of the sub-district. To fully respond to the vision expressed in the Specific Area Plan, a more robust system of public streets will be required. The southerly lot has no access to a public street. Since those streets do not exist at this time, criterion #3 is met. Criterion #4: Outmoded Street Patterns: This criterion is addressed in the same manner as the previous one and since there is no interior circulation pattern in place, criterion #4 is met. Criterion #5: Need for Correlation of Area with Other Areas of a Municipality by Streets; and Modern Traffic Requirements: While the Ten Mile Interchange and the Ten Mile Road and Franklin Road improvements provide good access to the area for the broader Meridian and regional community, the internal circulation system is non-existent at this point in time. The Plan called out specific locations for access points into the sub-district so as to coordinate access into adjacent properties and thus allowing future signalization enhancing traffic safety in the area. While curb returns have been installed at specific locations, no means of providing streets connecting to these access points is currently in place so criterion #5 is met. Criterion #6: Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness: The parcels in the sub-district are of a size and configuration appropriate for the historic agricultural use for which they have been deployed for several decades. Three parcels fronting West Franklin Road have been divided off from the original property but even these lots range from approximately one acre to 2.2 acres making them ill-suited for the type of development envisioned in the adopted plans. A more fine-grained and high-density development pattern is represented in the adopted Plan. The largest lot in TM-3 (20.13 acres) has no public access. Therefore, criterion #6 is met. Criterion #7: Unsuitable Topography or Faulty Lot Layouts: While the topography of the sub- district presents no difficulty for implementation of the Specific Area Plan the lot layout as noted above is inappropriate for the uses envisioned. The largest lot has no access to a public right-of- way. Thus, criterion # 7 is met. Criterion #8: Insanitary or Unsafe Conditions: While public water and sewer facilities are available to the site in the recently improved Franklin Road, City policy precludes providing utility service to properties outside the city limits. Therefore the existing residences located in Sub-District TM-3 do not currently have access to public water and sewer service. This condition will be rectified if the current annexation petition ultimately results in their inclusion within the city limits. The property is served by an open irrigation channel (Vaughan Lateral). That portion of the Lateral running along the east property line of Sub-District TM-3 has recently been piped. The portion traversing the area in an east-west direction remains open and unprotected creating a potentially hazardous condition as activities intensify in the area. Criterion #8 is met. Criterion #9: Diversity of Ownership: The 62.485 acres included within Sub-District TM-3 are held under three separate ownerships: (Brighton, Kostka / Calnon and Bainbridge) with the majority (53 acres) being controlled by Kostka / Calnon. A large number of small parcels with diverse ownerships make reinvestment difficult. However, the properties located here are relatively large and one can expect three sophisticated property owners to work together. Therefore, it is determined that criterion#9 is not met. Criterion #10: Tax or Special Assessment Delinquency: According to Ada County Assessor records, no delinquencies exist. Therefore, criterion #10 is not met. Criterion #11: Defective or unusual condition of title: The two smaller parcels at the westerly end of TM-3 appear to have been created by an informal “Lot split” and not through formal subdivision. Therefore they do not represent a legal lot of record, but merely a separate parcel for taxation purposes. The larger 20 acre parcel appears to be created in a similar manner. While this is a legal process in the State of Idaho such tax parcels may not comply with zoning and other site requirements. This can be viewed as an unusual condition of title. Therefore, criterion #11 is met. Criterion #12: Substantially Impairs or Arrests the Sound Growth of a Municipality : The State of Idaho, the City of Meridian and the Ada County Highway District have made substantial investment in the transportation and utility facilities serving this and the surrounding areas. City of Meridian has expressed its vision for this area in the creation and adoption of the Ten Mile Interchange Specific Area Plan, but without the capacity to provide public infrastructure, the Study Area will remain and under-utilized area in the midst of the fastest growing areas in the State of Idaho. Criterion #12 is met. Criterion #13: Conditions Which Retard Development of the Area: See discussion of Criterion #12 above. Criterion #13 is met. Criterion #14: Results in Economic Underdevelopment of the Area: See discussion of Criterion #12 above. Criterion #14 is met. Findings: Sub-District TM-3: Conditions exist within the sub-district to allow the Board of Commissioners of the Meridian Development Corporation and the Meridian City Council to determine that the area is eligible for urban renewal activities as prescribed in State Law. While the entire area of Sub-District TM-3 currently remains in unincorporated Ada County a petition for annexation to the City of Meridian has been filed for the Brighton and Kostka / Calnon properties. Should that annexation become effective prior to the creation of an urban renewal district in this area, the inclusion of these parcels could occur without hindrance. The Bainbridge parcels were not included in the annexation petition. And while statute allows for inclusion of unincorporated areas in an urban renewal district created by a city in Idaho, that can only be accomplished by way of an intergovernmental agreement between the city and the county permitting such inclusion. This option would create complexity and potential delay, especially if any opposition surfaces. We are unaware of any interest of this ownership to be included. Analysis: Sub-District TM-4 Criterion #1: The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site: The properties located within this sub-district have no structures on them; therefore, criterion #1 is not met. Criterion #2: Age or Obsolescence: Again, given the fact that no structures exist on the properties, age and obsolescence are not an issue. The irrigation lateral, previously existing in an open-ditch condition has been enclosed in a piped system. Therefore, criterion #2 is not met. Criterion #3: Predominance of Defective or Inadequate Street Layout: While the property fronts on a street improved to full urban standards, no internal circulation is currently in place. However, this sub-district is relatively small and current plans call for the property to be served by private streets. Given that this development is planned in isolation from the surrounding properties and the relatively small traffic demand anticipated, the private streets should be adequate. Therefore, criterion #3 is not met. Criterion #4: Outmoded Street Patterns: The analysis for this criterion is essentially the same as for criterion #3 and thus, criterion #4 is not met. Criterion #5: Need for Correlation of Area with Other Areas of a Municipality by Streets; and Modern Traffic Requirements: Again, Sub-District TM-4 is relatively small (9.425 acres) and the proposed development does not negatively impact development potential around it. The Ten Mile Interchange Specific Area Plan that covers this property does not call for street extensions through this area. Therefore, criterion #5 is not met. Criterion #6: Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness: The property within this sub-district has recently been divided to accommodate a specific development scheme; therefore the lot layout is appropriate for the anticipated uses. Criterion #6 is not met. Criterion #7: Unsuitable Topography or Faulty Lot Layouts: As noted above, the lot configuration is suitable for the proposed development having recently been divided and the site is relatively flat allowing services to be extended. Therefore, criterion #7 is not met. Criterion #8: Insanitary or Unsafe Conditions: No insanitary conditions exist on the site and public sewers will be extended throughout the property with the proposed development. The Vaughan Lateral has been piped thereby eliminating that potentially unsafe condition. Criterion #8 is not met. Criterion #9: Diversity of Ownership: The entire sub-district is under one ownership; therefore Criterion #9 is not met. Criterion #10: Tax or Special Assessment Delinquency: According to Ada County Assessor records, no delinquencies exist. Therefore, criterion #10 is not met Criterion #11: Defective or unusual condition of title: No defective or unusual conditions of title exist. Therefore, criterion #11 is not met. Criterion #12: Substantially Impairs or Arrests the Sound Growth of a Municipality : The State of Idaho, the City of Meridian and the Ada County Highway District have made substantial investment in the transportation and utility facilities serving this and the surrounding areas. City of Meridian has expressed its vision for this area in the creation and adoption of the Ten Mile Interchange Specific Area Plan. The proposed development is consistent with the Plan. The relatively small area and isolation from the rest of the Specific Area Plan properties suggest no substantial impact on the development of nearby areas or the community as a whole. The sub-district is separated from the other in-city sub-districts by the unincorporated areas included in Sub-District TM-3. Criterion #12 is not met. Criterion #13: Conditions Which Retard Development of the Area: See discussion of Criterion #12 above. Criterion #13 is not met. Criterion #14: Results in Economic Underdevelopment of the Area: See discussion of Criterion #12 above. Criterion #14 is not met. Findings: Sub-District TM-4: Conditions do not exist within the sub-district to allow the Board of Commissioners of the Meridian Development Corporation and the Meridian City Council to determine that the area is eligible for urban renewal activities as prescribed in State Law. Should the Agency and City Council want to bring urban renewal tools to assist in the development of this sub-district, appending it to Sub-District TM-3 may be a better option than a stand-alone, geographically isolated district. Consolidated Sub-District Analysis: Having reviewed the existing conditions in the four sub-districts separately, the Study Area as a whole will be evaluated. Conditions exist in Sub- Districts TM-1, TM-2 and TM-3 that warrant a finding that these areas may be included in an urban renewal district. Sub-District TM-4, in a stand-alone condition, would prove difficult to justify. However, it could legitimately be included in a larger district, associated with an area or areas where the conditions/findings were met. A significant issue in determining what areas to include is the timing of potential development. Recent amendments to the Urban Renewal Law and Economic Development Act have limited the maximum life of a district to 20 years. The longer development is delayed after creation of an urban renewal district, the fewer years of incremental revenue are thus available to support required infrastructure investments. Should the City Council direct the creation of an urban renewal plan in this area, one of the required elements of that Plan is a financial feasibility analysis. In that analysis, one will need to consider the cost of installation of public facilities against the anticipated revenue produced by the private, taxable investment. This suggests that a district wherein development in not foreseen in the very near future may prove financially infeasible. Another significant factor is the type of development anticipated in the area under consideration. Of particular concern is the proportion of owner-occupied residential properties. These uses enjoy a substantial property tax exemption prescribed by State Law, thereby reducing the revenue yield needed to support infrastructure investment. Such residential uses need properties carrying their full tax burden to supplement their limited yields. CONCLUSION: Based upon the data and the conditions that exist within the Study Area as noted above, the Meridian Development Corporation Board and Meridian City Council may determine that Sub- Districts TM-1, TM-2 and TM-3 are eligible for the establishment of an urban renewal district and could be combined into a single urban renewal district. Sub-District TM-4 appears ineligible as a stand-alone district but could be included in a larger district. A variety of configurations are available at the discretion of the City Council. 10% Analysis: In addition to the findings reported above, verification that the assessed value of the proposed Study Area is within the statutory limits is needed. As noted above, State Law limits the percentage of assessed value that can be included in urban renewal / revenue allocation districts to 10% of the total valuation of the City. According to Ada County Assessor records, the most recent total certified value for the City of Meridian is $ 8,890,841,600. This number does not reflect exemptions. Therefore taking a more conservative approach, the net taxable value for this calculation is used. That number is $6,848,682,967 . As shown in the analysis in Table 1 the current taxable value of the entire Study Area after the agricultural exemptions are lifted is estimated to be $39,539,125. This value then must be added to the Base Assessed Value of the Downtown Meridian Urban Renewal District to test for the 10% limitation. The Base Assessed Value of the Downtown District established at the time of its creation, is $146,334,050. The analysis for these purposes in presented in Table 2, below. The combined amounts are well below the statutory limit. Reducing the area to be included in the new district would reduce the percentage. Table 2 Statutory 10% Limitation Analysis Area Taxable Value Percentage Total City $6,848,682,967 100% Downtown Meridian URA Base Value $146,334,050 2.14% Proposed Ten Mile URA $ 39,539,125 0.58% Total UR Base Assessed Value Percentage $1 85 ,8 73 ,175 2. 714 % The effect of creating this district on the capacity of the City and MDC to consider future districts should they choose to do so is also explored. The table below shows that even if a new district similar to the Ten Mile URD were to be established, approximately 7.66% of the citywide taxable value would remain uncommitted. Remaining Urban Renewal Capacity • Maximum 10% Limitation $684,868,297 10% • Downtown Meridian URA $146,334,779 (2.14%) • Proposed Ten Mile URA $ 39,539,125 (0.58%) Available AV within limitation $498,994,393 7. 286 % Images: Sub-District #1 Images: Sub-District #2 Images: Sub-District #3 Images: Sub-District #4 Attachment 7 Agricultural Consent Forms Meridian City Council Meeting DATE: Mav 3, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From the Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Mav 3, 2016 ITEM NUMBER: 9A CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, May 3, 2016, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding the 2015 Meridian Parks and Recreation Department Fee Schedule, including proposed new fees as set forth below. Further information regarding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Activity Guide Class Fees: Active Senior — Whitewater Rafting $45.00 Active Senior — Baker Interpretive Center Day Trip $65.00 Art Cam $35-$48 Ca oeira $20-$45 Cheerleading & Tumbling $20-$50 Creative Writing $235.00 Dairy Days Dancing Parade Cam $25-$45 Dance Cams $30-$50 -Dynamite Fairy Princess Dance Camp $56.00 Game Programming for Kids $155.00 Get Ready for This — It's Dance Time $46.00 Hip Ho $45-$50 JavaScript for Beginngers $175.00 Jump Jive Boogie Woogie $40.00 Junior Mobile App Design $165.00 Junior Tennis $32.00 Learn To Play Lacrosse — Coed Summer Clinics $18.00 Learn To Play Lacrosse — Level II — Summer Boys Clinic $96.00 MAC Meridian Art Classes $35-$70 Mini Dance Ballet & Jazz $40-$45 Mini Dance Summer Camp $20-$25 Outdoor Musical Theatre $99.00 Preschool Fun $49 Preschool Fun Plus $59 Public Speaking $165-$245 Gentle Movement Stretch $21 -$28 Rock To The Beat Dance Cam $56 Thematic Mini Cams $20-$25 Young Rembrandts Summer Art Classes $130 Youth Golf $60 Outdoor Adventure Cam $175.00 Simply Nutrition $35.00 DATED this 15"' day of April. PUBLISH on April 18 and April 25. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: May 3, 2016 Item # 8A Project Number: Project Name: 2016 Parks and Recreation Fee Schedule Please print your name For Against Neutral Do you wish to testify (Y/N) "_ Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: 9 PROJECT NUMBER: ITEM TITLE: Resolution No. I (a ® It 3°1 : A Resolution Adopting the Summer 2016 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date 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(0 ® ( � 9> BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on April 18 and April 25 the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit hereto, is hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 3rd day of May, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 3rd day of May, 2016. Mayor ATTEST: 01.v -�E rDIAN*. ANO Jacy Jones, City C er SEAL P 4o�,he TREASV�� 1. ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 1 OF 1 Exhibit A Activity Guide Class Fees: Active Senior — Whitewater Rafting $45.00 Active Senior — Baker .Interpretive Center Day Trip $65.00 Art Camp $35-$48 Ca oeira $20-$45 Cheerleading & Tumbling $20-$50 Creative Writing $235.00 Dairy Days Dancing Parade Cam $25-$45 Dynamite Dance Cams $30-$50 Fairy Princess Dance Cam $56.00 Game Programming for Kids $155.00 Get Ready for This — It's Dance Time $46.00 Hip Ho $45-$50 JavaScri t for Be inn ers $175.00 Jump Jive Boogie Woogie $40.00 Junior Mobile App Design $165.00 Junior Tennis $32.00 Learn To Play Lacrosse — Coed Summer Clinics $18.00 Learn To Play Lacrosse — Level 11— Summer Boys Clinic $96.00 MAC Meridian Art Classes $35-$70 Mini Dance Ballet & Jazz $40-$45 Mini Dance Summer Cam $20-$25 Outdoor Musical Theatre $99.00 Preschool Fun $49 Preschool Fun Plus $59 Public Speaking $165-$245 Gentle Movement Stretch $21 -$28 Rock To The Beat Dance Cam $56 Thematic Mini Cams $20-$25 Young Rembrandts Sulmmr Art Classes $130 Youth Golf $60 Outdoor Adventure Camp $1.75.00 Simply Nutrition $35.00 Ci t y C o u n c i l M e e t i n g Ma y 3 , 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 # 9 E : S a i n t I g n a t i u s Zo n i n g M a p Ae r i a l V i e w Te n t a t i v e l y A p p r o v e d Re c o r d o f S u r v e y 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 Co n c e p t u a l P e r s p e c t i v e D r a w i n g It e m # 9 G : M e r i d i a n P r o p e r t y G r o u p Vi c i n i t y M a p Co n c e p t P l a n Co n c e p t P l a n Co n c e p t P l a n El e v a t i o n s AC H D C o n d i t i o n s Wh e n t h e s t a f f r e p o r t w a s s u b m i t t e d t o t h e a p p l i c a n t, s t a f f h a d n o t y e t r e c e i v e d c o m m e n t s f r o m A C H D r e garding this pr o j e c t . S t a f f h a s n o w r e c e i v e d t h o s e c o m m e n t s a n d th e s i t e s p e c i f i c c o n d i t i o n s o f a p p r o v a l a r e a s f o l lows: 1. D e d i c a t e 1 5 - f e e t o f r i g h t - o f - w a y o n F a i r v i e w A v e nu e t o a c c o m m o d a t e f u t u r e w i d e n i n g . T h i s s e g m e n t o f Fairview Avenue is in the CI P , s o t h e a p p l i c a n t w i l l b e c o m p e n s a t e d f o r r i g h t -o f - w a y d e d i c a t i o n . 2. C l o s e t h e e x i s t i n g d r i v e w a y a t 1 1 3 9 E . F a i r v i e w Av e n u e . 3. C o n s t r u c t o n e s h a r e d d r i v e w a y b e t w e e n 1 0 3 5 a n d 1 06 5 E . F a i r v i e w A v e n u e . O R C o n s t r u c t a d r i v e w a y o n Fairview Avenue lo c a t e d 1 0 0 - f e e t e a s t o f t h e w e s t p r o p e r t y l i n e . T h e d r i v e w a y s h a l l b e c o n s t r u c t e d a s a 3 0 t o 3 6 - f o o t cu r b r e t u r n w i t h p a v e m e n t ta p e r s , a n d p a v e d b a c k a m i n i m u m o f 3 0 - f e e t f r o m t h e e d g e o f p a v e m e n t o f F a i r v i e w A v e n u e . 4. A c c e s s t o F a i r v i e w A v e n u e i s a p p r o v e d a s t e m p o r a ry , a n d m a y b e r e s t r i c t e d t o r i g h t - i n / r i g h t - o u t a t an y t i m e , a s d e t e r m i n e d b y AC H D . 5. P r o v i d e c r o s s a c c e s s b e t w e e n 1 1 3 9 , 1 0 6 5 , a n d 1 0 3 5 E . F a i r v i e w A v e n u e . 6. P a y m e n t o f i m p a c t s f e e s a r e d u e p r i o r t o i s s u a n c e o f a b u i l d i n g p e r m i t . 7. C o m p l y w i t h a l l S t a n d a r d C o n d i t i o n s o f A p p r o v a l . It e m # 9 H : K e n n e r s S u b d i v i s i o n Vi c i n i t y M a p Pr e l i m i n a r y P l a t Bu i l d i n g E l e v a t i o n s It e m # 9 I : U D C T e x t A m e n d m e n t Ap p l i c a n t ’ s P r o p o s a l Co d e S e c t i o n C o d e S e c t i o n ( s t r i k e t h r o u g h a n d u n d e r l i n e u s e d f o r c h a n g e s ) R e a s o n f o r C h a n g e UD C 1 1 - 3 G - 3 A 1. T h e t o t a l l a n d a r e a o f a l l c o m m o n o p e n s p a c e t h a t me e t s t h e s t a n d a r d s a s s e t f o r t h i n s u b s e c t i o n B o f t h i s se c t i o n s h a l l e q u a l o r e x c e e d t e n p e r c e n t ( 1 0 % ) o f th e gr o s s l a n d a r e a o f t h e d e v e l o p m e n t ; or p r o v i d e f i v e pe r c e n t ( 5 % ) c o m m o n o p e n s p a c e i f t h e e n t i r e de v e l o p m e n t i s c o m p r i s e d o f b u i l d a b l e l o t s , a m i n i m um of 1 6 , 0 0 0 s q u a r e f e e t , no t i n c l u d i n g l a n d s c a p e b u f f e r s al o n g a r t e r i a l o r c o l l e c t o r r o a d w a y s . 2 . On e a d d i t i o n a l s i t e a m e n i t y t h a t m e e t s t h e s t a n d a r d s as s e t f o r t h i n s u b s e c t i o n C o f t h i s s e c t i o n s h a l l be re q u i r e d f o r e a c h a d d i t i o n a l t w e n t y ( 2 0 ) a c r e s o f de v e l o p m e n t a r e a . ( O r d . 1 0 - 1 4 3 9 , 1 - 1 2 - 2 0 1 0 , e f f . 1 - 18 - 20 1 0 ) Co m m o n o p e n s p a c e i s n o t a s cr i t i c a l b e c a u s e t h e l a r g e r l o t s ty p i c a l l y p r o v i d e a l a r g e a m o u n t of p r i v a t e o p e n s p a c e , t h u s le s s e n i n g t h e n e e d f o r c o m m o n op e n s p a c e . It e m # 9 J : M a v e r i k Vi c i n i t y M a p Co n c e p t P l a n Bi l l b o a r d s El e v a t i o n s Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Public Hearing Continued from March 1, 2016 for Browning Plaza (H-2016- 0008) by SLN / Boise -Waltman, LLC Located 505, 521, 615 and 675 Waltman Lane 1. Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION ,00 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Mav 3, 2016 ITEM NUMBER: 9D PROJECT NUMBER: H-2016-0039 ITEM TITLE: Bainbridge Subdivision No. 3 Final Plat for Bainbridge Subdivision No. 3 (H-2016-0039) by Brighton Development Located Southeast Corner of N. Black Cat Road and W. Vanderbilt Drive 1. Request: Final Plat Approval Consisting of Thirty -Nine (39) Building Lots and Five (5) Common Lots on 16.38 Acres of Land in an R-8 Zoning District MEETING NOTES C�4\Y\\)g t_l�� t 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: Mav 3, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Saint Ignatius School Public Hearing for Saint Ignatius School by Roman Catholic Diocese of Boise Located 6180 N. Meridian Road 1. Request: Annexation and Zoning of 10.71 Acres of Land with a C -C Zoning District MEETING NOTES 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS St . I g n a t i u s S c h o o l Me r i d i a n R o a d / C h i n d e n B l v d . ( U S 2 0 / 2 6 ) Pr e s e n t e d b y : J o h n A . D o r n y , P E Pr i n c i p a l – T r a f f i c E n g i n e e r 18 Y e a r s Sa f e t y ! ! So u r c e : M a n u a l o U n i f o r m T r a f f i c C o n t r o l D e v i c e s Pr o j e c t A c c e s s e s a n d C i r c u l a t i o n So u r c e : G l a n c e y - R o c k w e l l a n d A s s o c i a t e s Ex i s t i n g S i t e + S c h o o l O v e r l a y So u r c e : G o o g l e E a r t h & T h e L a n d G r o u p Si t e C i r c u l a t i o n So u r c e : G o o g l e E a r t h & T h e L a n d G r o u p Si t e C i r c u l a t i o n As s i g n s h o r t - t e r m “ V i s i t o r ” P a r k i n g • Pa r e n t s n e e d i n g l o n g e r l o a d / u n l o a d ti m e p a r k i n p a r k i n g l o t , n o t c u r b - s i d e un l o a d i n g Re d u c e D r i v e r O p t i o n s / D e c i s i o n M a k i n g • Re d u c e s d e l a y • Sh o r t e n s v e h i c l e q u e u e s • Dr i v e r s e y e s c a n b e o n t h e r o a d Yo u c o n t r o l t h e o n - s i t e c i r c u l a t i o n • On e - w a y o p e r a t i o n • Te a c h e r s , p a r e n t s , v o l u n t e e r s • Tr a f f i c c o n t r o l s i g n s Le v e l o f S e r v i c e So u r c e : G o o g l e E a r t h & T h e L a n d G r o u p C/ D C/ C Le v e l o f S e r v i c e E/ F Le v e l o f S e r v i c e D/ E Re c o m m e n d a t i o n s 1. N o r t h b o u n d r i g h t t u r n l a n e in t o n e w s c h o o l e n t r a n c e 2. O n - s i t e c i r c u l a t i o n p l a n 3. M o n i t o r r o a d w a y a s en r o l l m e n t i n c r e a s e s 4. U s e o n e - w a y s y s t e m t o ma x i m i z e o n - s i t e s t o r a g e 5. R e s e r v e R O W f o r M e r i d i a n an d C h i n d e n w i d e n i n g Qu e s t i o n s ? Meridian City Council Meeting DATE: Mav 3, 2016 ITEM NUMBER: 9F PROJECT NUMBER: H-2016-0033 ITEM TITLE: Volterra Subdivision Public Hearing Continued from April 26, 2016 for Volterra Subdivision (H- 2016-0033) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road 1. Request: Amend the Recorded Development Agreement (Instrument # 106034786, Amended as Instrument # 1 1101393) to Allow Right Out Only Access to N. Ten Mile Road for the Office Lots Approved with the Volterra South Subdivision MEETING NOTES conA nVIe A 40 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: May 3, 2016 ITEM NUMBER: 9G PROJECT NUMBER: H-2016-0004 ITEM TITLE: Meridian Property Group Public Hearing Continued from April 19, 2016 for Meridian Property Group (H-2016-0004) by Darel T. Hardenbrook Located 1 139 E. Fairview AvenueRequest: Annexation and Zoning of 0.63 Acres of Land with a C -G Zoning District 2. Request: Modify the Existing Development Agreement (Inst. #109134178) to Incorporate Parcel #S1 107120620 As Well As to Modify Certain Other Provisions 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: May 3, 2016 ITEM NUMBER: 9H PROJECT NUMBER: H-2016-0018 ITEM TITLE: Kenners Subdivision Public Hearing for Kenners Subdivision (H-2016-0018) by Kouba Homes, LLC Located East of N. Locust Grove Road, North Side of E. Fairview Avenue 1. Request: Annexation and Zoning of 0.932 Acres of Land with an R-8 Zoning District 2. Request: Preliminary Plat Consisting of Eight (8) Building Lots and One (1) Common Lot on 1.28 Acres of Land in the R-8 Zoning District CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Mav 3, 2016 ITEM NUMBER: PROJECT NUMBER: H-2016-0024 ITEM TITLE: Unified Text Amendment Public Hearing for UDC Text Amendment - Common Open Space (H-2016- 0024) by EGC Development, LLC 1. Request: Text Amendment to the Unified Development Code (UDC) as Follows: 1) UDC Section: Common Open Space (UDC -11 -3G -3A Open Space and Site Amenity Requirement) MEETING NOTES J®S K 3tacv-, - �, s e- ny C-?aoc "e.+ 9 APPROIED 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: May 3, 2016 ITEM NUMBER: 9J PROJECT NUMBER: H-2016-0027 ITEM TITLE: Maverik Public Hearing for Maverik (H-2016-0027) by Maverik, Inc. Located 1515 E. Fairview Avenue 1. Request: Annexation and Zoning of Approximately 3.907 Acres of Land with a C -G Zoning District MEETING NOTES 0 0, -We r, v CA 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: May 3, 2016 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Public Works Public Works: Budget Amendment for FY2016 in the Amount of $40,000.00 for the Construction of Test Well 32 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C E IDIAN�- Public � D A H O Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Dean Stacey Engineering Project Manager DATE: April 18, 2016 Mayor Tammy de Weerd City Council Memberfo Ty Palmer Keith Bird )oe Borton Luke Cavener Genesis Milam Anne Little Roberts SUBJECT: BUDGET AMENDMENT FOR FY 2016 IN THE AMOUNT OF $40,000 FOR THE CONSTRUCTION OF TEST WELL 32 I. RECOMMENDED ACTION A. Move to: 1. Approve the Test Well 32 Budget Amendment for $40,000; and 2. Authorize the Mayor to sign the amendment II. DEPARTMENT CONTACT PERSONS Dean Stacey, Engineering Project Manager 489-0386 Kyle Radek, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Tom Barry, Director 489-0372 III. DESCRIPTION A. Background Public Works has begun the process of providing the City's next water supply well (Well 32). Constructing the test well in 2016 is the first step in a 3 -year project that will end with a fully operational municipal City well. Construction of the production well is expected to occur in November of 2016. Design of the pumping facility is scheduled for 2017; construction of the well house will follow in 2018. Page I of 3 The well lot was provided by the developer of Greycliff subdivision. It is located adjacent to Biltmore and Kentucky Ridge Subdivisions, and is currently utilized as farm land. A well at this location provides a much needed water source in the quickly expanding Pressure Zone 5 in South Meridian. The budget for this project was based on previous test well projects. Additional funds are required because the information we had at the time the budget was constructed led us to expect $200,000 for construction. The actual bid came in at $228,000. This funding encompasses several pieces of the project to include well design, drilling operations pad, and preliminary site design. Since current project expenditures and obligations have been higher than anticipated, an additional $40K is needed to award the test well contract including an $8,000 contingency. IV. IMPACT A. Strategic Impact: This request aligns with Public Works Strategic Objectives ENG -8, provide ample water supply to our customers in perpetuity. B. Service/Delivery Impact: This project provides a new source of water to supply current and future customers in south Meridian. The upcoming subdivisions that have been approved and ones currently being constructed require additional water to support their needs. There are no other City wells providing water to this area of Pressure Zone 5. The closest well supply is over 2 miles away in Blackrock subdivision, and currently has no direct connection to this location. C. Fiscal Impact: Fiscal Year 2016 Project Obligations Original Budget $300,000 Expenditures to Date Design Task Order $79 750 Drilling Operations Pad $15,300 Preliminary Site Design $8,200 Sub Total $103,250 Balance Remaining Budget $196,750 Page 2 of 3 Fiscal Year 2016 Project Funding Deficit -$40,000 Total Budget Amendment is $40,000. V. ALTERNATIVES A. One alternative to this project is to not do it at all. This would require that we curtail growth in the South Meridian area. B. Another alternative is to push the project funding to next year. This would push the ultimate build -out of the well until 2019, well after the next phases of the adjacent subdivisions would be complete. This option would also result in delaying much needed supply to the rapidly growing Pressure Zone 5 & may result in short term limits on development. VI. TIME CONSTRAINTS The City opened the bid for this project on April 8, 2016 and needs to award the contract soon to meet regulatory procurement requirements. Approved for Council Agenda: Page 3 of 3 0 Q. N N 0 rn W C CL D 3 (D D. 3 CD 0 0 .za 0 v N m c O O 3 m 0 toto 0 N N A O Dl Ol -) m Dl -)- O J -) ZZ O 13 O 11 � R� 0 d O 9 m rt cm X m m 1=i c m to i/) 0l0) O Dl Ol -) m Dl -)- O O -) M - O O O O O O O O O O O O O w w w w w w w w w w w w w .A .P 4, .P .P .A -P t P A .P A �P w 0 w 0 O 0 tD 0 CD 0 lD 0 l0 0 lD 0 W 00 tD tD 0 lD 0 t9 0 O 000 O o H 0000000000 N N N 0 N 0 H H 0000000000000 0 W y T 3 F,FA � N I--+ -P N � N N 41 N A F+ A 0 N D « o m m CD - 3 {A i? ifT vlT i!) 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H Q d C N � 4- 0 CL cu C F— +, U 'a ... O ii s U. o c C a gg yE O O tp (C � C6 d vYi £. C u a1 Q. -. dl r t7 N N (rj S `� - � Q• W 'O c LL � �+ :t.! d0' a E m -� � L ,5��\ µ' 0-W+- V - i- Y c w Oa) O "0 € S �J YL° y1 O } m 4 N s C O bO c +� (O E h n bD o 0 3 dco o v j -O a) 4 .00 C N, v x 3 fYcu o J� 3 c w , Y E u ` Y °a v;;° cu o s c 3 a) •- Y C • a) cr O m 3 N z _ c L ).• a 45 W +... e 3 N L !] t. N O. � 11 oll ,4 ..O N < 43 � s, 41 v1 O a u Y C E c N E h s 0 0 0 u1 Meridian City Council Meeting DATE: Mav 3, 2016 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Public Works Public Works: Approval of Award of Bid and Agreement to POST DRILLING for the "Well 32 Test Well - Construction" project for a Not -To - Exceed amount of $228,750.00. MEETING NOTES 9 PRORD Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jacy Jones, City Clerk, From: Kathy Wanner, Buyer CC: Dean Stacey/PM Date: April 25, 2016 Re: May 3rd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May Td City Council under Public Works Department Report for Council's consideration. Approval of Award of Bid and Agreement to POST DRILLING for the "Well 32 Test Well - Construction" project for a Not -To -Exceed amount of $228,750.00. Recommended Council Action: Award of Bid and Approval of Agreement to POST DRILLING for the Not -To -Exceed amount of $228,750.00. Thank you for your consideration. • Page 1 Date: 3/18/2016 Fund: 60 Department: Construction: x Task Order Project Name: CONTRACT / AGENDA CHECKLIST REQUESTING DEPARTMENT Public Works 3490 GL Account: 96176 PSA Equipment Well 32 Test Well - Construction Project Manager: Dean Stacey Department Representative: Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the project cross fiscal years? Yes CH2M Hill // POST DRILLING Contract Amount: No x Project # 10014.d $228,750.00 Budget Information: FY Budget: FY16 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST 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: only one bid received Master Agreement (Category) Debarment Status (Grant/Federal Funded Projects Only) na (Type in date verified and the status) Date Award Posted: April 11, 2016 10 day protest period: April 21, 2016 PW License # C -13426 -CC -4 Expiration Date September 30, 2016 Corporation Status Goodstanding Insurance Certificates Received (Date): April 18, 2016 Expiration Date: July 1, 2016 Rating: A+ Payment and Performance Bonds Received (Date): April 18, 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: Approval Date By: Purchase Order No.: Date Issued: WI -15 submitted (Only for PW Construction Projects) NTP Date: (Only for non Public Works Project) E IDIAN Public IDAHO Works Department TO: Keith Watts, Purchasing Manager FROM: Dean Stacey, Engineering Project Manager DATE: 3/16/2016 SUBJECT: PROPOSED WELL #32 TEST WELL BACKGROUND AND CONSTRUCTION COST ESTIMATE I. DEPARTMENT CONTACT PERSONS Dean Stacey, Engineering Project Manager 489-0386 Warren Stewart, PW Engineering Manager 489-0350 Kyle Radek, Assistant City Engineer 489-0343 Tom Barry, Director of Public Works 489-0372 II. DESCRIPTION A. Bach round Mayor Tammy de Weerd City Council Mernberrje Joe Dorton Keith Bird Genesis Milam Luke Cavener Ty Palmer Anne Little Roberts The demand for the City's potable water increases as commercial and residential development continues to grow. Specifically, development is increasing in pressure zone 5 in South Meridian A production well must be provided in this area to enable development; a test well is the first step in the process. A test well provides the City and drilling contractor with invaluable information allowing them to identify and target the best quality groundwater and locate the depth to which the production well will be drilled. In particular, two new residential developments, Biltmore and Greyeliff subdivisions are in progress and together have provided a well lot to the City as a condition of their development agreements. A test well needs to be constructed on the well lot in preparation for a new production well. B. Proposed Proiect This project will consist of drilling and constructing a test well with up to 13 individual sampling wells to different sub -aquifer units. This will allow us to identify and target the best aquifer for the production well and provide a means to sample and monitor water quality in the future. Public Works Department - 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Phone 208-898-5500 - Fax 208-898-9551 - www.meridiancity.org III Department IMPACT A, Strategic Impact: This project meets our mission requirements to identify and prioritize work in order to anticipate, plan and provide public services and facilities that support the needs of our growing community, and to ensure modern reliable facilities while maintaining financial stewardship. B, Fiscal Im acts Estimated Project Costs: ----------------------- Fiscal Year 2016 Engineer Estimate of $257,000,00 Construction Cost ---------------------------------- — - - -- - --------------------------------- -------------------------------- ----------------- _ Total ---------------- ----------- = — $257,000.00 - ---- ---------------------------------------- Available Project Funding r--------------------------------- i---------------------------------- �------------------------------------- Account __-___--_____--_-___-_-__ __,Account Code L--- _----------------------------- J---------------------------------- J ------------------------------------- Fiscal __________________ ________--_-____Fiscal Year 201632-3490-96176 $206,000.00 ----------------------------------------------------- - Potential Amendment 32-3490-96176 $51,000,00 Needed --------------------------------------------------------------- --------------------- -----0----0--0- Tofial --------------------------------- -- � $257 0 0 C. Funding Justification Project Funding is based on our engineer's estimate, which may be higher than the actual contractor bid. The previous well 30 test well constructed in FYI (well # 30) cost $152,000. Therefore, a budget amendment may not be needed. D. Alternatives The City could choosc to not approve the construction contract and risk not meeting the growing potable water demand needed for growth and development in the South M�ridian area. Page 2 of 2 Y2 1 A: ate CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 32 TEST WELL - CONSTRUCTION PROJECT # 10014.1) THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this Td day of May, 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 POST DRILLING, INC, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 588, Weiser, ID 83672 and whose Public Works Contractor License # is C -13426 -CC -4. INTRODUCTION Whereas, the City has a need for services involving WELL 32 TEST WELL - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 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 WELL 32 TEST WELL - CONSTRUCTION page 1 of 12 Project 10014.D 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 $228,750.00. 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. WELL 32 TEST WELL - CONSTRUCTION page 2 of 12 Project 10014.D 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 50 (fifty) 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 $150.00 (one hundred fifty 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 60 (sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $150.00 (one hundred fifty 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 WELL 32 TEST WELL - CONSTRUCTION page 3 of 12 Project 10014.D Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 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 forwork 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 WELL 32 TEST WELL - CONSTRUCTION page 4 of 12 Project 10014.D 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, throughout the term of this Agreement liability insurance, in which the CITY shall be 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 copy to 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. WELL 32 TEST WELL - CONSTRUCTION page 5 of 12 Project 10014.D 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: 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: WELL 32 TEST WELL - CONSTRUCTION page 6 of 12 Project 10014.D 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 CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridi.gncity.orgienvironmental.aspx?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: WELL 32 TEST WELL - CONSTRUCTION page 7 of 12 Project 10014.D 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 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 orthe 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. WELL 32 TEST WELL - CONSTRUCTION page 8 of 12 Project 10014.D 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 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. WELL 32 TEST WELL - CONSTRUCTION page 9 of 12 Project 10014.D 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 POST DRILLING, INC Purchasing Manager Attn: Sherry Young 33 E Broadway Ave P O Box 588 Meridian, ID 83642 Weiser, ID 83672 208-489-0417 Phone: 208-585-3411 Email: office@postdrilling.com Idaho Public Works License #C -13426 -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. This Agreement shall not become effective or binding until approved by the City of Meridian. r BY: TAMMY de W __ Dated: 5/3// Approved by Council Attes • A*GE i i'r'e "off, CITY CLERK J -� a .' Purchasing Approval BY: KEITH WATTS, Purchasing Manager Dated:: Project Manager Dean Stacey WELL 32 TEST WELL - CONSTRUCTION Project 10014.1) POST DRILLING, INC BY: SHE RY YOLUNG, i esident E IDIAN+--- w SEAL ate/ the page 10 of 12 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1623-10014.D ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1623-10014.D, 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: • Technical Specifications for the Drilling, Construction, Development, and Testing of a New, Permanent, Multi-level Monitoring Well at the City of Meridian Well 32 Site by CH2M Hill Engineers dated February 29, 2016 (47 pages) WELL 32 TEST WELL - CONSTRUCTION page 11 of 12 Project 10014.D Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $228,750.00. WELL 32 TEST WELL - CONSTRUCTION page 12 of 12 Project 10014.D MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 50 Days from Notice to Proceed Milestone 2 Final Completion 60 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 32 TEST WELL - CONSTRUCTION per IFB PW -1623-10014.D NOT TO EXCEED CONTRACT TOTAL ....................... $228,750.00 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. Contract' Pricing Schedule Item No. Description Quantity Unit Unit Price 1 Permitting/Mobilization/Demobilization/ Cleanup 1 LS $22,500 2 Mud -Rotary Drilling and Steel Surface Casing and Seal 60 LF $300 3 12 -inch Diameter Drive Shoe 1 LS $700 4 Cable Tool Rig Mobilization and Utilization 1 LS $2,500 5 Pilot Hole Drilling 940 LF $80 6 Geophysical Logging 1 EA $3,500 7 Borehole Reaming 940 LF $20 8 Caliper Survey of Reamed Borehole 1 EA $2,250 9 Furnish and Install 2 -Inch Diameter PVC Well Casing 5,700 LF $4 10 Furnish and Install 2 -Inch Diameter PVC Well Screen assume 0.020 -inch aperture) 240 LF $5 11 Furnish and Install Sand Filter Pack 550 LF $20 12 Furnish and Install Grout Seals 500 LF $20 13 Well Development (includes submersible pump installation for water quality sampling) 60 HR $350 14 Disinfect and Cap Well 1 LS $4,500 15 All Other Work 1 LS $10,000 16 Rig Time 24 HR $200 WELL 32 TEST WELL - CONSTRUCTION page 12 of 12 Project 10014.D TECHNICAL SPECIFICATIONS FOR THE DRILLING, CONSTRUCTION, DEVELOPMENT, AND TESTING OF A NEW, PERMANENT, MULTI-LEVEL MONITORING WELL AT THE CITY OF MERIDIAN WELL 32 SITE City of Meridian, Idaho February 29, 2016 PARTI GENERAL 1.01 SCOPE OF WORK A. This work involves providing materials, equipment, and personnel necessary for the drilling, development, and testing of a new, permanent, multi-level monitoring well for the City of Meridian, Idaho. The well shall consist of up to 13, 2 -inch inside diameter PVC piezometers in one, 12 -inch diameter borehole. The borehole for the well�shall be advanced using the mud -rotary drilling method. No pits are permitted for drilling the new well. The Contractor shall meet all solids control requirements specified herein, and shall drill boreholes with an "engineered" drilling fluid that meets the specifications detailed in PART 2 DRILLING FLUIDS. 1. The selected Contractor shall supply all required equipment, personnel, materials, and appurtenances. 2. The Contractor shall secure all well drilling and construction permits. The Contractor shall secure all other required permits to drill, construct, develop, and test the new monitoring well. 3. The Contractor shall use all new material for this work, unless approved in writing by the Owner and Engineer. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A. The work is generally described as follows: 1. Mobilizing to the well site and setting up all equipment and materials for the drilling, construction, development, and testing of one new multi-level monitoring well. 2. Providing erosion control for all work on site. 3. Drilling a minimum 16 -inch borehole to a depth of up to sixty (60) feet below ground surface (bgs), and install 12 -inch diameter, 3/8 -inch (0.375") wall thickness steel surface casing. Place a cement grout seal in the annular space using the tremie method. 4. Drilling an 8.5 -inch diameter pilot borehole to up to 1,000 feet bgs. Run borehole geophysical logs, including a caliper log, in the mud -filled borehole prior to filling with approved V4 -inch gravel. 5. Reaming the pilot borehole to 12 inches in diameter using the mud - rotary drilling method up to 1,000 feet bgs. 6. Running a caliper log in the reamed borehole. 7. Constructing up to 13, 2 -inch diameter PVC monitoring wells in the borehole, including filling the annular space with filter pack and grout, as directed by the Engineer. 8. Developing the new wells. W 1 MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL 9. Providing a submersible pump that can be used to sample each PVC well, and assist as needed to collect representative groundwater samples from each well. 10. Disinfecting and capping of the wells. 11. Performing final site cleanup. 1.01 WORK LOCATION A. The well site is owned by the City of Meridian and is located in the NWNWSE of Section 25, Township 3N Range IW in Ada County, Idaho. The well site is in a proposed new subdivision located between South Linder Road and South Meridian Road near West Harris Street; south of West Victory Road and north of West Amity Road. 1.02 STANDARDS AND PERMITS A. The Contractor is fully responsible for ensuring that all activities in connection with the work conform fully to the standards referenced herein. This requirement applies to all activities performed, operated, maintained, or constructed by the Contractor, Subcontractor, supplier, or any other agent of the Contractor performing the work. B. The Contractor shall conform to the applicable portions of the Minimum Well Construction Standards established by the Idaho Department of Water Resources (IDWR), the Recommended Standards for Water Works (the "Ten States Standards"), the Idaho Rules for Public Drinking Water Systems of the Idaho Department of Environmental Quality (IDEQ), and this bid package and technical specifications. C. The Contractor shall secure and pay for well drilling and construction permits. The Contractor shall secure all other permits for the work. Contractor shall keep a copy of these specifications and all permits on site at all times. D. Contractor shall complete all work associated with this contract in accordance with the stipulations in the drilling permit issued by IDWR. E. This project is expected to disturb less than one acre. Storm water management, therefore, shall comply with Section (3.1.7) of the City of Meridian's Construction Storm Water Management Program. F. Contractor shall develop an Erosion and Sediment Control Plan (SSCP) to proactively manage storm water from the construction project, according to the City of Meridian Construction Stormwater Management Program. The ESCP shall include the following: 1. Project name, location map, and responsible Contractor; rw 2. Project description; Q a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL 3. Identification of potential impacts on water quality; and, 4. Plan drawings depicting storm water management strategy, including the management of wastes and non -storm water discharges. Should changes occur during construction that impact the ESCP, the Contractor shall update the ESCP as required using a similar amendment process to that for Storm Water Pollution Prevention Plans (SWPPPs). The ESCP will be active until the City accepts the work. G. The Contractor shall prevent all liquids from draining off site. Prior to any off- site release, the Contractor shall notify the Owner, Engineer, and IDEA. 1.03 SAFETY AND SITE ACCESS A. The Contractor shall conform to all applicable occupational safety and health standards, rules, regulations, and orders established by local agencies, the State of Idaho, and the Occupational Safety and Health Administration (OSHA). The Contractor shall ensure that safety barriers are tight to the ground (child safe) and that all moving parts, belts, and batteries are covered. When the site is unattended, all heavy equipment keys shall be removed, the doors closed and locked and all buckets/blades lowered to the ground. Over ground electrical lines shall be equipped with ground fault interrupters. The Contractor is solely responsible for site and personnel safety. B. The Contractor shall provide a security fence with two entrances that can be locked. The fence shall surround the work site to prevent the public from accessing the work site. The fence shall be locked whenever the site is left unattended by the Contractor. Any borehole and well(s) shall be completely and securely covered while unattended so that access to the well cannot be obtained by hand. 1.04 DRILLING CONDITIONS A. It is anticipated that drilling will be in clay, silt, sand, and gravel. The static groundwater level could range from slightly below ground surface to up to 60 to 80 feet bgs. Details for the nearby City Wells (Well 25, Well 28, and Well 30) are provided in Attachment 1. It is the Contractor's responsibility to make his own determination of subsurface conditions. B. It is the Contractor's responsibility to become informed about local conditions affecting this work. Neither the information contained in these specifications, nor gleaned from the Owner, nor their agents, shall act to relieve the Contractor from any responsibility set forth in the contract. w Q a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL 1.05 CONTRACTOR QUALIFICATIONS AND EQUIPMENT A. The Contractor shall have at least five years of well drilling experience, and shall have successfully completed at least three multi-level monitoring well projects to depths of more than 500 feet using the mud -rotary drilling method. A list of completed projects shall be provided upon request. If requested by the Owner, Contractor shall submit affidavits detailing the amount and nature of previous work. The Owner reserves the right to reject any bids because of previous performance of the Contractor. B. Prior to submitting a bid for this work, Contractors shall hold a valid Idaho Public Works License. In addition, the Contractor shall be licensed to drill and construct water -supply wells under current State of Idaho regulations at the time the Contractor submits a bid for this work. C. The Contractor shall submit a list of equipment to be used on the project. The list shall include: (1) manufacturer; (2) load capacities; (3) year of manufacture; and (4) year of purchase by current owner. The Contractor is responsible for providing equipment capable of performing the work specified. D. The Contractor shall provide a standard mud kit that shall be on site at all times. This kit shall be equipped with a marsh funnel viscometer, a plastic measuring cup, a metal mud balance, pH strips, digital stopwatch, and a sand content kit. E. The Contractor shall provide a submersible pump capable of producing sufficient water from each PVC well to obtain representative groundwater samples. F. The Contractor shall provide a mud -rotary drilling rig capable of drilling as specified. The rig shall be equipped with a positive displacement mud pump. The Contactor shall equip the rig with a minimum 3000 -pound load capacity sand line. This line must be able to reach the total depth of the drilled borehole (up to 1,000 feet). The Contractor shall provide a cable tool drill rig, or shall obtain Engineer approval for other casing advancement methods, as directed, if the Contractor is unable to drill through the shallow surface gravel using the mud -rotary drilling method. G. Drilling fluid circulation system 1. System shall minimize recirculation of drill cuttings. 2. Design to facilitate retrieval of representative samples from the discharge with a minimum of recirculation of material. 3. Include settling tanks of adequate size, a sampling trough, a shaker Ln table, and a desanding/desilting system. UJ Q a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL 4. Equip with shaker table and desander/desilter system with a minimum of four cones, capable of handling capacity of system. 5. Desander/desilter system shall have pump capable of supplying a minimum of 40 psi at 80 gallons per minute per cone minimum. 6. Settling Tanks: a. Vessels used for mixing drilling fluids shall be clean and free of contaminants and extraneous materials prior to their use in drilling operations. b. Use above ground tanks for mixing, circulation and inclusion of approved additives. 7. Use proper controls to prevent spillage of mud or additives onto ground. 1.06 SERVICES FURNISHED BY THE OWNER A. The Owner will provide land and rights-of-way for the work specified in this contract. Provisions for access to the work site will be provided by the Owner. The Contractor shall not enter on or occupy with laborers, tools, equipment, or material any ground outside the property and rights-of-way provided by the Owner unless stated otherwise by the Owner. Other contractors, employees, or agents of the Owner may enter the work site and premises used by the Contractor for business purposes. B. The Engineer (as the Owner's Representative) will participate in all aspects of field activities, either while on site or via telephone communication with the Contractor. 1.07 WATER, POWER, AND OTHER CONTRACTOR OBLIGATIONS A. The Contractor shall be responsible for transporting drilling water to and from the site from a source approved by the Engineer. A ditch is available near the site. The Contractor shall obtain permission form the Owner prior to any discharge of water into this ditch. The contractor shall meet all federal, state, and local laws and regulations should he choose to discharge water on site or into the ditch during well development and well testing. Should the Contractor choose to discharge water on site, he shall take measures to ensure the water remains within the well lot boundary. B. The Contractor shall provide, at his own expense, all power required for his operations under the contract. C. Contractor shall providing onsite sanitary facilities and potable water facilities as specified and as required by Laws and Regulations, and governing agencies. D. Downhole tools and equipment that may come in contact with tools or LU equipment that may be positioned directly above borehole or completed well MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL shall arrive onsite free of surface deposits of friable solids; for example, mud, sand, grout, caked on cuttings and cleaned of grease, oils, and other petroleum products. Except that normal amounts of thread joint compound on drill pipe and tool joints, and normal amounts of lubricating grease on mechanical equipment is allowed. E. Contractor shall clean downhole equipment, tools, and equipment that may come in contact with downhole equipment that becomes soiled with petroleum products to satisfaction of Engineer before resuming work on well. F. Contractor shall remove tractable mud, cuttings, sand, grout and other materials from undercarriage, tires and other surfaces of equipment prior to moving equipment on or across public roads and pathways. G. Contractor shall not empty, spill, splash, or slosh containerized drilling mud and fluids onto ground surface while moving containers, pipes, and equipment. H. Cleanup drilling mud, settled solids, and other semi -liquids and solids that spill from, or are emptied from, equipment as it is being moved. I. All drilling fluids shall be disposed of in accordance with State and Federal regulations. Method and place of drilling fluid disposal shall be approved by the Owner. Costs incurred in connection with the disposal of drilling fluids and developed water shall be borne by the Contractor. The Contractor shall obtain Owner approval prior to spreading any cuttings or drilling fluid on site. Burying drill cuttings or fluids on site is not permitted. At least weekly, brush sweep entry drive, roadways, and other streets and walkways affected by the work and where adjacent to the work. K. Upon well completion and testing, Contractor shall remove temporary above grade or buried utilities, equipment, facilities, materials. Contractor shall clean and repair damage caused by installation or removal of temporary facilities and equipment. Contractor shall clean the work site and re -grade, as necessary, the site to original site conditions. L. Contractor shall maintain a clean and orderly work site. Contractor shall contain all garbage and debris remove regularly from the site. Keep ditches, culverts, and natural drainages continuously free of construction materials and debris. M. Contractor shall provide temporary lighting to meet applicable safety requirements to allow erection, application, or installation of materials and equipment, and observation or inspection of the work. UJ Q 0 - MERIDIAN MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 C112M HILL N. Contractor shall furnish and maintain on site adequate firefighting equipment capable of extinguishing incipient fires. Comply with applicable parts of NFPA 241. Fire protection provided at the site shall also comply with local fire department requirements. O. Contractor shall perform work within right-of-way and easements in a systematic manner that minimizes inconvenience to property owners and the public. P. The Contractor shall notify IDWR and the Engineer at least 24 hours prior to placing any seal or other annular material in any open borehole or annular space. Q. In areas where Contractor's operations are adjacent to or near a utility, such as gas, telephone, television, electric power, water, sewer, or irrigation system, and such operations may cause damage or inconvenience, suspend operations until arrangements necessary for protection have been made by Contractor. R. Vehicle parking on adjacent streets is prohibited. All vehicles and equipment, including worker vehicles, shall be parked within the designated area for Contractor's operation and storage area. S. Contractor shall complete the work as described in the specifications. Contractor shall make no substitutions, modifications, or change orders without prior written approval from the Owner. T. Logs and records shall be kept by the Contractor on forms suitable to the Engineer, which shall indicate each shift worked; the general character, thickness, and type of material penetrated; and the type of all other work performed, including the exact time spent on each item of work. Information that shall be listed on the drilling log includes: (1) drilling fluids and additives, including quantity of materials used; (2) drilling fluid properties, including weight and viscosity (if applicable); (3) type and diameter of bits used for drilling and total footage for each bit; and (4) any remarks or comments concerning the drilling characteristics of the borehole, including locations of any lost circulation zones. The forms shall be kept on-site for inspection by the Engineer. U. Copies of the logs shall be available for inspection by the Owner and Engineer at all times. Copies of all logs shall be furnished to the Owner and Engineer following completion of all operations. The Contractor shall submit all appropriate Well Driller's Report(s) to IDWR, as approved by the Engineer and Owner. The Contractor shall provide a draft of the report to the Engineer and Owner, and the Contractor shall wait to submit the report to the state until receiving approval from the Engineer. The Contractor shall provide an 00 LU electronic (PDF) version of the report to the Engineer. The Contractor shall Q CL MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL develop and maintain records throughout the course of the work that are required for this report. V. The well shall be drilled straight and plumb. It shall be the responsibility of the CONTRACTOR to see that the well is being constructed straight and plumb at all times. The OWNER may at any time conduct a gyroscopic survey or make such tests as necessary to determine whether these tolerances are being met. 1.08 WORKING HOURS A. The Contractor shall work on this project in a steady and diligent manner. The Contractor shall, during all work periods, provide an adequate crew of suitably qualified personnel to prevent unnecessary delays in project completion. B. The project site is within a residential area and the Contractor is encouraged to work primarily between 7 am and 9 pm. However, the Contractor may conduct 24-hour operations during drilling and casing installation if needed to ensure borehole stability. 1.09 TOOL RECOVERY A. The Contractor shall not be reimbursed for any time or materials spent to recover downhole tools or equipment during any phase of the work. 1.10 PROTECTION OF WATER QUALITY A. The Contractor shall prevent contamination of the water in the well and the work site. The Contractor shall provide containers and sheathing contain any equipment leaks. All equipment in contact with liquid or tools going down hole shall be disinfected with 500 ppm chlorine solution prior to entry in the borehole or well. 1.11 FINAL SITE CLEANUP A. The Contractor shall thoroughly clean the site after completion of the drilling, well construction, and test pumping operations. All excess drilling fluids, debris, and other materials used during these operations shall be removed and properly disposed of by the Contractor. B. The Contractor shall promptly remove his equipment, temporary facilities, and materials, and leave the site in a condition approved by the Owner. The Contractor shall repair any damage to the property or facilities caused by his operations prior to final acceptance of the work by the Owner. LU Q a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 ©COPYRIGHT 2016 CH2M HILL 1. 12 SUBMITTALS A. Definitions 1. Action Submittal: Written and graphic information submitted by Contractor that requires Engineer's approval. 2. Informational Submittal: Information submitted by Contractor that requires Engineer's review and determination that submitted information is in accordance with the Conditions of the Contract. B. Procedure 1. Submittals shall be made in electronic format. Direct submittals to Engineer at the following email address: Kevin.Boggs@ch2m.com. The Contractor shall coordinate with Kevin Boggs/CH2M HILL to transmit submittals too large to email. For final geophysical logs or other submittals that are not conducive to electronic submittal, the Contractor shall transmit these submittals to Kevin Boggs at the following address: Attn: Kevin Boggs CH2M HILL 322 E. Front Street, Suite 200 Boise, ID 83702 C. Electronic Submittals: 1. Each submittal shall be an electronic file in Adobe Acrobat Portable Document Format (PDF). Use the latest version available at time of execution of the Agreement. 2. PDF files shall be set to open "Bookmarks and Page" view. 3. Add general information to each PDF file, including title, subject, author, and keywords. 4. PDF files shall be set up to print legibly at 8.5 -inch by 11 -inch or 11 -inch by 17 -inch. No other paper sizes will be accepted except geophysical logs that must be submitted both electronically and in hard- copy format on standard accordion -style paper. 5. Submit new electronic files for each resubmittal. 6. Include a copy of the Transmittal of Contractor's Submittal form, located at end of section, with each electronic file. 7. Engineer will reject submittal that is not electronically submitted, unless specifically accepted. D. Transmittal of Submittal: 1. Contractor shall: a. Review each submittal and check for compliance with Contract Documents. 2. Complete, sign, and transmit with each submittal package, one Transmittal of Contractor's Submittal form attached at end of this O section. � 3. Identify each submittal with the following: Q a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL a. Numbering and Tracking System: 1) Sequentially number each submittal. 2) Resubmission of submittal shall have original number with sequential alphabetic suffix. b. Specification section and paragraph to which submittal applies. C. Project title and Engineer's project number. d. Date of transmittal. e. Names of Contractor, Subcontractor or Supplier, and manufacturer as appropriate. 4. Identify and describe each deviation or variation from Contract Documents. E. Resubmittals: Clearly identify each correction or change made. F. Submittals not required by Contract Documents: 1. Will not be reviewed and will be returned stamped "Not Subject to Review." 2. Engineer will keep one copy and return submittal to Contractor. G. Action Submittals 1. Prepare and submit Action Submittals required by individual specification sections. 2. Action Submittal Dispositions: Engineer will review, comment, stamp, and distribute as noted: a. Approved: 1) Contractor may incorporate product(s) or implement work covered by submittal. b. Approved as Noted: 1) Contractor may incorporate product(s) or implement work covered by submittal, in accordance with Engineer's notations. C. Partial Approval, Resubmit as Noted: 1) Make corrections or obtain missing portions, and resubmit. 2) Except for portions indicated, Contractor may begin to incorporate product(s) or implement work covered by submittal, in accordance with Engineer's notations. d. Revise and Resubmit: 1) Contractor may not incorporate product(s) or implement work covered by submittal. H. Informational Submittals 1. General: a. Copies: Submit via email as a PDF file. b. Engineer will review each submittal. If submittal meets conditions r--1 of the Contract, Engineer will forward copy to appropriate parties. � If Engineer determines submittal does not meet conditions of the Q a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL Contract and is therefore considered unacceptable, Engineer will retain one copy and return remaining copy with review comments to Contractor, and require that submittal be corrected and resubmitted. I. List of Submittals The Contractor shall transmit the following submittals (this list may not include all submittals; the Contractor shall provide documentation for materials, equipment, or other aspects of the work as requested by the Engineer or Owner): SUBMITTAL DUE Submittal I.D. List of drilling equipment Prior to mobilization 1 Qualifications/experience certification, if Prior to mobilization 2 requested Mill -test reports showing chemical Prior to installation 3 composition of steel surface casing, centralizers, and drive shoe PVC casing and screen manufacturer records Prior to installation 4 Grout mix design Prior to mobilization 5 Grout load tickets if applicable Following installation 6 Drilling mud properties During drilling 7 Drill cutting samples During drilling 8 Daily drilling log, per Specification Section Daily; well driller's 9 1.08.0 and 1.08.V report due following well completion Sieve analyses test results Immediately following 10 testing A bag sample of proposed sand filter pack Prior to delivery of 11 material; sieve analysis results sand filter pack Geophysical logging results, including five Immediately following 12 (5) hard copies and electronic data (data in a testing spreadsheet or text file format that can be imported into a standard spreadsheet electronically) N w Q a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL TRANSMITTAL OF CONTRACTOR'S SUBMITTAL (ATTACH TO EACH SUBMITTAL) Spec. and Para. No. GHQ HILL. DATE: TO: Submittal No.: ❑ New Submittal ❑ Resubmittal Project: Project No.: Specification Section No.: (Cover only one section with each transmittal) FROM: Schedule Date of Submittal: Contractor SUBMITTAL TYPE:❑ Shop Drawing ❑ Sample ❑ Informational ❑ Deferred 4 The following items are hereby submitted: Number of Copies Description of Item Submitted (Type, Size, Model Number, Etc.) Spec. and Para. No. Drawing or Brochure Number Contains Variation to Contract No Yes Contractor hereby certifies that (i) Contractor has complied with the requirements of Contract Documents in preparation, review, and submission of designated Submittal and (ii) the Submittal is complete and in accordance with the Contract Documents and requirements of laws and regulations and governing agencies. By: Contractor (Authorized Signature) MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL PART 2 PRODUCTS 2.01 DRILLING FLUIDS A. Contractor shall use new materials in the formulation of drilling fluid at each well site. B. Drilling fluid properties: 1. Comprised of a polymer -based "mud" or a bentonite "gel" -based mud. a. "Gel" -based mud shall be a high -yield, 200 -mesh sodium bentonite. b. A bentonite viscosifier only meeting requirements of API 13A will be considered insufficient for applications required in this Project. 2. NSF 61 Certified, 3. Possess characteristics that are required to: a. Adequately clean drill cuttings off drill bit and bottom of hole. b. Transport ("float") cuttings to the surface and remove them from the fluid. C. Provide borehole stability to prevent caving of the walls as drilling progresses. d. Control subsurface pressures. e. Cool drill bit and lubricate drill string. f. Prevent excessive fluid loss into permeable zones. g. Permit recovery of representative samples of drill cuttings. 4. Maintain to deposit only a thin, maximum of 3/16 of an inch, easily removable filter cake on face of borehole. Maintain as follows: a. Weight: Not to exceed 9.2 pounds per gallon. b. Viscosity: Not to exceed 32 seconds per quart. C. Sand Content: Not to exceed 1 percent. d. Total Solids Content: Not to exceed 7 percent. e. 30 -Minute Water Loss: Not to exceed 15 milliliters. f. Contractor shall obtain Engineer approval prior to drilling with fluids with properties outside these limits. 5. Manufacturers: a. Baroid Industrial Drilling Products; Quik -Gel. b. CETCO; Super Gel -X. 6. Soda ash shall be used to increase pH of the water used to mix drilling fluids. 7. Additives, if required, shall be approved by Engineer. Organic drilling additives shall not be used. 2.02 CASING A. Steel Casing %ZZI- 1. ASTM A139/A139M, Grade B domestic as approved by Engineer. r --I Material shall be new and unused. UJ Q a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL 2. Fabricated in lengths not less than 20 feet except for pieces extending above ground which may be length as required, with a wall thickness of not less than 0.375 -inch for casing 12 inches or greater in diameter. 3. Casing Guides (Centralizers) a. Weld four to steel surface casing at approximately 90 -degree intervals around the circumference of the casing and at intervals of not more than 20 feet vertically to centralize and hold casing in the proper position until concrete sanitary seal is in place. b. Place first set of guides 5 feet from bottom of steel surface casing. C. Install a minimum of two sets of guides vertically. d. Install 2 feet long, minimum, and extend at least 2 inches from casing wall. 4. Weld field joints by qualified welders in accordance with the requirements of AWWA C206 and applicable sections of AWS code. 5. Field joints shall be properly butt welded during installation. 6. Bevel ends of each casing section to accommodate the welds so outside diameter of weld is equal to or less than outside diameter of casing. 7. Prior to welding, Contractor shall paint the outside wall of the casing where welds will occur with high -temperature -rated paint, including but not limited to welded joints, centralizers, etc. The extent (length above and below the weld point) shall be observed and approved by the Engineer, but 8 to 10 inches is generally acceptable. 8. Drive Shoe a. The Contractor shall weld an oversized, factory -supplied, steel casing with a drive shoe in the event the casing needs to be advanced beyond its initial depth (driven deeper). The Contractor shall use a drive shoe supplied by Wellmaster, or approved equal. B. Polyvinyl Chloride (PVC) Casing 1. All PVC casing shall be 2 -inch diameter, white, new, unused, flush jointed, Schedule 80 pipe specification in 10 -foot lengths. All pipe shall be certified for conformance with NSF 61 and shall meet the requirements of ASTM F480, ASTM D1784, and ASTM D2837. Contractor shall provide Johnson® PVC well casing as supplied by U.S. Filter/Johnson Screens, or alternate as approved by the Owner in writing prior to Contractor ordering PVC casing. 2. The PVC casing shall be joined with taper -lock, flush joints with rubber O -rings. 3. The PVC, or the unopened box in which it is supplied, shall be marked with the name of the manufacturer, the manufacturer's date code, Lr) manufacturer's name, pipe size, and NSF 61. LU Q CL MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL 2.03 SCREEN A. All screen shall be 2 -inch diameter, factory -slotted PVC, white, new, unused, flush jointed, Schedule 80 pipe specification in 10 -foot lengths. All pipe shall be certified for conformance with NSF 61 and shall meet the requirements of ASTM F480, ASTM D1784, and ASTM D2837. Contractor shall provide JohnsonTM PVC well casing as supplied by U.S. Filter/Johnson Screens, or alternative as approved by the Owner in writing prior to Contractor ordering PVC screen. B. The PVC casing shall be joined with taper -lock, flush joints with rubber O -rings. C. The top and bottom PVC end caps shall have threaded connections. D. The PVC, or the unopened box in which it is supplied, shall be marked with the name of the manufacturer, the manufacturer's date code, manufacturer's name, pipe size, and NSF 61. 2.04 SAND FILTER PACK A. The pack shall consist of clean, well-rounded siliceous material with a uniformity coefficient of 2.5 or less, and shall be #6 - #9 Colorado Silica Sand®, supplied by Premier Silica LLC (or approved equal). 2.05 SEALS A. Bentonite 1. Contractor shall provide and install NSF -approved sodium bentonite grout that is greater than 30% by weight. The bentonite shall be manufactured for use in water supply wells. The bentonite shall be dry and supplied in water proof bags or containers. Water used to mix grout shall be of potable quality, and approved by the Engineer. B. Cement Contractor shall provide and install Type II cement grout that is greater than 65% by weight, meeting requirements of ASTM C150. Additives shall meet requirements of ASTM C494/C494M, and shall be approved by Engineer and IDWR prior to use. C. Each bentonite/cement grout batch shall consist of 24 gallons of potable water, one 92-1b bag of Portland cement, followed by one 50-1b bag of Wyo-Ben Grout Well DF (or approved equivalent), yielding a volume of approximately 29 gallons per batch. lD 7-1 MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL 2.06 DISPERSANT A. To assist with well development, the Contractor shall provide Aqua - Clear PDF (Baroid) or an approved equivalent. PART 3 EXECUTION 3.01 SEQUENCE OF WORK A. Mobilize and hold a pre -construction meeting. B. Drill a minimum 16 -inch diameter borehole (mud -rotary) to approximately sixty (60) feet bgs; install 12 -inch diameter steel surface casing; seal annular space with cement to ground surface. C. Drill an 8.5 -inch diameter pilot borehole up to 1,000 feet bgs using the mud -rotary drilling method. D. Run borehole geophysical logging inside the pilot borehole. E. Backfill the pilot borehole with V4 -inch gravel. F. Ream the pilot borehole to 12 -inches in diameter using the mud -rotary drilling method. G. Construct up to 13, 2 -inch diameter PVC wells while continuously circulating drilling fluid from the bottom of the borehole to ground surface. Work fiom the bottom upward, installing the well, placing the sand filter pack, and sealing each zone, one at a time. H. Bail infill from each well to total depth. I. Purge each well by airlifting. Airlift at least 4 PVC wells simultaneously. Clean the well to total depth following development. J. Provide a submersible pump capable of producing water from each PVC well in order for the Engineer to collect representative groundwater samples from each well. K. Disinfect each well in accordance with AWWA Al 00 and C654 following development and removal of all downhole tools. Collect bacteria confirmation samples for submission to a laboratory for analysis, meeting the requirements of AWWA A100 and C654. L. Clean site and demobilize. 3.02 MOBILIZATION A. Contractor shall not mobilize without written notice to proceed from the Owner. Prior to mobilization, the Contractor shall hold a pre -construction meeting on site with the Owner and Engineer. Contractor shall have its crew that will be working on the test well on site for this meeting. B. Contractor shall move in all tools, equipment, and supplies necessary for the work. Uj Q MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL C. Contractor shall set up drilling rig(s), drilling waste solid and liquid containment, storage and treatment systems, pump service rigs, and other related equipment in area agreed to by the Owner and Engineer. 3.03 SURFACE CASING AND SEAL A. The Contractor shall advance a minimum 16 -inch diameter borehole using the mud -rotary drilling method. The borehole shall be advanced into a clay unit below shallow gravel at the site. For bidding purposes, assume the Contractor will advance the borehole to 60 feet bgs. The Contractor shall install 12 -inch diameter steel casing into the clay unit, and seal the annular space between the 12 -inch diameter casing and minimum 16 -inch diameter borehole with cement grout using the tremie method. The tremie pipe shall extend from above ground surface to the bottom of the zone to be grouted. The grout shall be placed grout from the bottom to top, in a continuous operation. The Contractor shall slowly raise the grout tremie pipe as grout is placed. The discharge end of the grout tremie pipe shall remain submerged in grout until grouting is completed, and the Contractor shall maintain a full grout tremie pipe until grouting of the specified interval is complete. B. The Contractor shall continuously sample the drill cuttings and bag them at 5 -foot intervals and at pronounced changes in geologic formation. These samples shall be saved and maintained on the job site in a clean dry area on tables (not on therg •ound). All samples are to be submitted to the Owner. The samples shall be of at least one - gallon size, shall be kept in cloth sample bags or "freezer" zip -lock style plastic bags, to be provided by the Contractor, and shall be clearly and permanently labeled to show the depth, date, and borehole from which collected. 3.04 PILOT BOREHOLE A. Inside the 12 -inch diameter steel casing, the Contractor shall advance an 8.5 -inch nominal diameter pilot borehole using the mud -rotary drilling method. B. A drilling fluid circulation pump shall be used to circulate fluid between mud tanks and the borehole at all times when the Contractor is off site. C. The Contractor shall continuously sample the drill cuttings and bag 00 them at 5 -foot intervals and at pronounced changes in geologic r__� formation. These samples shall be saved and maintained on the job UJ site in a clean dry area on tables (not on therte). All samples are a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 C112M HILL to be submitted to the Owner. The samples shall be of at least one - pint size, shall be kept in cloth sample bags or "freezer" zip -lock style plastic bags, to be provided by the Contractor, and shall be clearly labeled to show the depth, date, and borehole from which collected. 3.05 GEOPHYSICAL LOGGING A. The Contractor shall hire a geophysical logging company to run a suite of borehole geophysical logs, including: 1. Caliper 2. Single -point resistivity 3. 8 -inch normal resistivity 4. 16 -inch normal resistivity 5. 32 -inch normal resistivity 6. Natural gamma ray 7. Temperature B. There will be no additional payment for rig time or standby time while geophysical surveys are being performed. C. The Contractor shall condition the pilot borehole for its total depth prior to logging company performing geophysical logs. Drilling mud circulation in the pilot borehole shall not stop until logging company is at drilling site. It shall be the responsibility of Contractor to maintain integrity of borehole to its total depth during logging. No additional payment will be made to the Contractor for keeping the borehole open during logging. If the geophysical probes fail to reach the desired depth, borehole shall be conditioned at Contractor's sole expense to allow probes to reach desired depth. D. Contractor shall backfill the pilot borehole with'/ -inch gravel following geophysical logging, as approved by the Engineer prior to the Contractor ordering materials. 3.06 BOREHOLE REAMING A. The Contractor shall ream the pilot borehole to up to 12 -inches in diameter up to the total depth of the pilot borehole using the mud - rotary drilling method. The Engineer will provide the actual reamed depth to the Contractor within 48 hours of the Engineer receiving the geophysical logs from the Contractor. I MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL 3.07 MONITORING WELL CONSTRUCTION A. The Contractor shall not construct any portion of the well without the Engineer being on site. The Contractor shall "clean out" the reamed borehole, as directed by the Engineer. The Contractor shall install a steel tremie pipe to a depth specified by the Engineer and circulate clean drilling fluid in the borehole continuously. The Contractor shall construct up to 13, 2 -inch diameter PVC wells in the borehole. The total depth of each well will be determined and provided to the Contractor following receipt of borehole geophysical logs from the Contractor. For bidding purposes, assume the PVC well screen will be 0.020 -inch aperture. The Contractor shall construct the wells one at a time, working from the deepest zone upward. The Contractor shall install the first PVC well, place sand filter pack as directed by the Engineer, tremie grout into the annular space, as directed by the Engineer, then construct the next PVC well up the borehole until all wells are constructed and annular materials are placed in the annular space. The Contractor shall marls the depth and any other identification the Engineer desires onto the PVC casing above ground following the construction of each PVC well. B. The Contractor shall pour sand filter pack in the annular space through a tremie pipe, as directed by the Engineer, until the desired depth of the filter pack is reached for each PVC well. The Contractor shall place the sand filter pack into the annular space for each PVC well in a continuous pour. C. The Contractor shall pump all seals into the annular space. The Contractor shall use the tremie method to place seals to depths as directed by the Engineer. The tremie pipe shall be at least 1.5 -inches in diameter, shall be installed prior to construction of the first PVC well, and the pipe shall extend from above ground surface to the bottom of the zone to be grouted. The grout shall be placed grout from the bottom to top, in a continuous operation. The Contractor shall slowly raise the grout tremie pipe as grout is placed. The discharge end of the grout tremie pipe shall remain submerged in grout until grouting is completed, and the Contractor shall maintain a full grout tremie pipe until grouting of the specified interval is complete. 3.08 WELL DEVELOPMENT A. No sooner than 24 homy and no later than 48 hours following well O construction, the Contractor shall begin well development. The fV Contractor shall remove all infill and heavy drilling fluids from eachUj PVC well to total depth. The Contractor shall use Aqua -Clear PDF a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL (Baroid) or approved equivalent to assist with well development. Costs associated with clearing the drilling mud from the well and diverting the discharge are the responsibility of the Contractor and shall be considered incidental to the project. The Contractor shall air lift liquid from each well until clear water is produced, and as approved by the Engineer. The Contractor shall air lift and purge at least four PVC wells simultaneously. The Contractor shall contain or divert all water discharged, as approved by the Engineer. The Contractor shall remove all materials from inside each well following well development. Any well development product used to enhance well development shall be approved by the Engineer. Contractor shall comply with all applicable permits related to containing, diverting, or removing and disposing of discharge water or other materials from well development. The Contractor shall keep a detailed record of well development activities, as approved by the Engineer. B. The cost of discharging water on site, into the ditch near the site, or hauling the water off site is considered incidental to the project and shall be included in other bid items in the Bid Schedule (such as mobilization or well development). 3.09 WELL SAMPLING A. Following well development, the Contactor shall provide and install a submersible pump in each PVC well (one pump, used to sample each well, one at a time). This pump shall be disinfected prior to installation, and shall be cleaned to the satisfaction of the Engineer prior to being installed in each PVC well. The Contractor shall provide power to operate the pump, and shall provide any assistance the Engineer requires in order to collect representative groundwater samples from each PVC well, including purging each well and running the pump until field water quality parameters (temperature, pH, and specific conductance) are stable. The Engineer will provide field water quality meters and sampling containers. This item is considered incidental to the Contractor's bid, and the Contractor shall include all costs associated with this activity in his bid. No additional payment will be made for this activity. 3.10 DISINFECTION A. Following development and cleanout of the wells, the Contractor shall disinfect each PVC well, complying with all applicable sections of AWWA A100 (Water Wells) and AWWA C654 (Disinfection of c -H Wells). The Contractor shall pour liquid sodium hypochlorite solution N into the well's water column, leaving a concentration of sodiumLU Q a. MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL hypochlorite in the well of 200 ppm. The Contractor shall complete well disinfection while the Engineer is on site. B. Following disinfection, the Contractor shall assist the Engineer in collecting coliform samples, per AWWA A100 (Water Wells) and AWWA C654 (Disinfection of Wells). C. After completion of all work associated with this contract, the Contractor shall clean up the work site and any property used by his operations to the satisfaction of the Owner. The Contractor shall remove and dispose of all excess materials resulting from his work, and shall repair, replace, or restore all property of any type or nature which has been moved, damaged, or altered in any way by his operations, to the satisfaction of the Owner. The Contractor shall return all landscape, roadway, and adjoining surfaces to their original condition and appearance as soon as reasonably feasible. 3.11 FINAL WELL CAPPING A. The Contractor shall cap the well using a 0.375 -inch wall thickness, mild steel well cap, as approved by the Owner and Engineer. The steel cap must be equipped with a lock and must match the design of other .City well caps, including paint. The Contractor shall coordinate with the Owner and Engineer to obtain approval of the well cap prior to purchasing or machining the cap. PART 4 MEASUREMENT AND PAYMENT 4.01 The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the work The Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price item of the work without a change in the unit price, and shall include the right to delete any Bid item in its entirety. Payment for materials and labor will be based on actual quantities furnished, installed, or constructed in accordance with the prices bid for unit price items. 4.02 The Owner may terminate work on the project at any point if, in the Owner's judgment, the Owner's best interests are not served by continuation. Conditions which may lead to project termination include, but are not limited to, indications of low groundwater development potential as determined during drilling. In such an event, the Contractor shall be paid for the value of work completed at that time on the basis of the unit price and lump sum items listed on the Bid Schedule. In N addition, if well construction is terminated by decision of the Owner, the Contractor N may be required to properly abandon the borehole. Abandonment procedures in w excess of those explicitly required in these specifications must comply with current a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 C112M HILL Idaho State regulations. Materials used in abandonment shall be paid at invoice cost plus 10 percent to cover handling. Payment for rig time shall be at the bid unit price. 4.03 No payment shall be made for tests of borehole and well casing plumbness and alignment; it shall be the responsibility of the Contractor to ensure that the hole remains within plumbness and alignment specifications. 4.04 No payment shall be made for drilling fluid materials used during normal drilling operations. All such costs shall be considered to be included in the unit prices listed on the Bid Schedule. 4.05 No payment shall be made for time or expenses incurred in the recovery or replacement of tools or equipment lost during the drilling phase or any other phase of the work. 4.06 No payment shall be made for time, materials, or labor costs incurred during remedial measures or operations in the event the well is of unacceptable plumbness or alignment. 4.07 No payment shall be made for time, materials, or labor costs incurred in abandoning the well in the event the well is of unacceptable plumbness or alignment following remedial measures, or if lost tools or equipment cannot be recovered from the borehole. The costs incurred for construction of the abandoned well shall be applied to construction of a replacement well. 4.08 No payment shall be made for costs associated with providing Aqua -Clear PDF (Baroid) or an approved equivalent. 4.09 BID ITEMS ITEM DESCRIPTION Peimitting/Mobilization/ Work under this item shall include preparatory operations, Demobilization/ including, but not limited to, those necessary for the Cleanup movement of personnel, equipment, materials and incidentals to the project site, safety training, site access coordination with the Owner and Engineer, securing a temporary construction yard, installing the gravel pad, and maintaining the project site in a safe and orderly manner. This item also includes costs incurred for securing bonds, permits (including the Erosion and Sediment Control Plan for the City), insurance, and financing prior to beginning work. Mobilization and temporary facility costs shall not exceed 10 percent of the total bid amount. Payment shall be at the lump sum bid price. MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL I ITEM DESCRIPTION Cable Tool Rig Work under this item shall include all costs associated Mobilization and with bringing a cable tool rig on site in order to advance Utilization the steel surface casing beyond the shallow gravel on site. This bid item shall include all costs for labor, materials, and associated equipment to advance the casing using the cable tool rig. Payment shall be at the lump sum bid price. Steel Surface Casing Work under this item shall include, but not be limited to, and Seal drilling the minimum 16 -inch diameter borehole, installation of the 12 -inch diameter steel surface casing and seal as described in the specifications. Payment shall be at the unit price (Linear Foot) detailed in the bid table. Payment will be based on the actual footage installed as determined by the Engineer. 12 -inch Diameter Drive Work under this item shall include the materials and work Shoe required to install a 12 -inch drive shoe on the 12 -inch diameter steel surface casing, as described in the specifications. Payment shall be at the lump sum bid price. Pilot Hole Drilling Work under this item shall include, but not be limited to, drilling the 8.5 -inch pilot borehole to a depth of up to 1,000 feet bgs as described in the specifications. This item shall also include the work and materials required to fill the pilot borehole with V4 -inch gravel prior to reaming_ Payment shall be at the unit price (Linear Foot) detailed in the bid table. As part of this bid item, the Contractor shall coordinate with Materials Testing & Inspection or other laboratory and pay for up to fifteen (15) sieve analis. Payment will be based on the actual footage drilled as determined by the Engineer. Geophysical Logging Work under this item shall include, but not be limited to, completing geophysical logging in the pilot borehole as described in the specifications, including a caliper survey of the pilot borehole. Payment shall be at the unit price (Each Survey) detailed in the bid table. Payment will be based on the number of surveys completed as determined by the Engineer. Borehole Reaming Work under this item shall include, but not be limited to reaming the 8.5 -inch pilot borehole to a diameter of 12 - inches as described in the specifications. Payment shall be at the unit price (Linear Foot) detailed in the bid table. Payment will be based on the actual footage drilled as determined by the Engineer. Caliper Survey Work under this item shall include, but not be limited to completing caliper logging in the reamed borehole as MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL I ITEM DESCRIPTION described in the specifications. Payment shall be at the unit price (Each Survey) detailed in the bid table. Payment will be based on the number of successful surveys completed as determined by the Engineer. PVC Well Casing Work under this item shall include, but not be limited to furnishing and installing approximately 5,200 feet of 2 - inch diameter PVC casing and well caps as described in the specifications. Payment shall be at the unit price (Linear Foot) detailed in the bid table. Payment will be based on the actual footage installed as determined by the Engineer. PVC Well Screen Work under this item shall include, but not be limited to furnishing and installing approximately 200 feet of 2 -inch diameter PVC screen as described in the specifications. Payment shall be at the unit price (Linear Foot) detailed in the bid table. Payment will be based on the actual footage installed as determined by the Engineer. Sand Filter Pack Work under this item shall include, but not be limited to furnishing and installing sand filter pack into the annular space between the well casing and the reamed borehole as described in the specifications. Payment shall be at the unit price (Linear Foot) detailed in the bid table. Payment will be based on the actual footage installed as determined by the Engineer. Grout Seals Work under this item shall include, but not be limited to furnishing and installing grout seal into the annular space between the well casing and the reamed borehole as described in the specifications. Payment shall be at the unit price (Linear Foot) detailed in the bid table. Payment will be based on the actual footage installed as determined by the Engineer. Well Development Work under this item shall include, but not be limited to air lifting development of the well as described in the specifications. Payment shall be at the unit price (Hour) detailed in the bid table. Payment will be based on the actual hours of productive development completed as determined by the Engineer. Disinfect and Cap Well Work under this item shall include disinfection of the well and wellhead completion. Payment shall be at the lump sum bid price. All Other Work Work under this item shall include Contractor's submittal of final project documentation, final site cleanup, and all other incidental work required to complete the installation MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL ITEM DESCRIPTION of the improvements complete in place. Payment shall be at the lump sum bid price. Standby (Rig) Time Work under this item shall be limited to standby (rig) time and shall only be utilized as directed and approved by the Engineer. Payment shall be at the hourly bid price. Payment will be based on the actual hours of standby time completed as determined by the Engineer. MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 ©COPYRIGHT 2016 CH2M HILL Attachment 1. Driller's logs for select nearby Meridian Heights and City wells (3 wells in the Meridian Heights area, City Well 25, City Well 28, and City Well 30) N w Q a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL USE TYPEWRITER OR BALL POINT PEN State of Idaho Department of Reclamation WELL ILL REPORT ry State law requires that this report be filed with the State Reclamation Engineer Ir within 30 days after completion or abandonment of the well. 1. WELL OWNER Name 7. WATER LEVEL 04tQf Reel Static water level_ feet below land surface Flowing? ❑ Yes ❑ No G.P.M. flow Temperature o F. Quality Artesian closed -in pressure p.s.i. Controlled by ❑ Valve ❑ Cap ❑ Plug _ Address l%d AN Owners Permit No. S— 7 d � 7 2 NATURE OF WORK W New well ❑ Deepened 0 Replacement ❑ Abandoned (describe method of abandoning) 8, WELL TEST DATA ❑ Pump ❑ Bailer ❑ Other Discharge G.P.M. Draw Down Hours—Pumped 3, PROPOSED USE ❑ Domestic ❑ Irrigation 0 Test 10 Municipal 11 Industrial ❑ Stock 8. LITHOL601C LOG 4 3404.5 Water Hole Depth material Diam. prom 7o Yes No O � 4. METHOD DRILLED ❑ Cable 467otory 43 Dug ❑ Other 5. WELL CONSTRUCTION u Diameter of hole 2W inches Total depth Meet Casing schedule: Dd Steel ❑ Concrete Thickness Diameter F om To S inches 3 z f inches � feet 1_ feet 2 >,V inches x,30 inches =L— feet 2-5? feet _? IT/ inches 124, inches -/ K feet 11-1 feet inches inches feet feet inches inches feet feet Was a packer or seal used? ❑ Yes ❑ No Perforated? ❑ Yes ❑ No How perforated? ❑ Factory ❑ Knife ❑ Torch Size of perforation inches by inches Number From To perforations feet -----feet perforations feet feet perforations feet feet Well screen installed? JK Yes ❑ No Manufacturer's name Type &�e V Model No. Diameter4_Slotsize,,TD Set from feet to �./9 feet Diameter_ Slot size„ Set from feet to feet Gravel packed? Yes E7 No Size of gravel 1?16 Placed from feet to r 2 feet Surface seal? V Yes ❑ No To what depth--.,, feet, Material used in seal Cement grout ❑ Puddling clay �. 40- ISO u - Q Q 6. LOCATION OF WELL Sketch map location must agree with written location, N I W. E //-------;--- Cou6nty__ 1p, Work startedg&!r«( 74/1,%b fInIshedGlrt✓tc � 11.DRILLER'SCERTIFICATION This well was drilled under my supervision and this report is true to the best of my knowledge. D 11ar' r Firm's Name Num�J d1 f Ya rC Y, Sec, -Is . T.� N/S, R. � �E/W Ad +' Signed By Date va,F HU1J111VIVHt �itl.p,l S IF p(RD THE,JNHITE �I yr r" ��lp PINK COPIES TO THE DEPARTAN'=NT. STATE OF IDAHO DEPARTMENT OF WATER RESOURCES USE TYPEWRITER OR BALLPOINT PEN WELL DRILLERS REPORT State law requires that this report be filed with the Director, department of Water Resources within 30 days after the completion or abandonment of the well. 1. WELL OWNER Name G&S Develop_,%t Inc 7. WATER LEVEL Static water level 571 feet below land surface. Flowing? ❑ Yes XI No G.P.M, flow Artesian closed -in pressure P.S.I. Controlled by: ❑ Valve ❑ Cap ❑ Plug Temperature 5— °F. Quality Describe arta:ran or temperature zones belay Address 420 Bitteroot Boise Id 83709 Drilling Permit No. 63-92-F1-293-Cr0-r) Water Right Permit No. 63-11671 2. NATURE OF WORK X1 New well ❑ Deepened ❑ Replacement ❑ Well diameter increase ❑ Modification ❑ Abandoned (describe abandonment or modification procedures such as liners, screen, materials, plug depths, etc. in lithologic log, section 9.) 8• WELL TEST DATA JO Pump ❑ Bailer ❑ Air ❑ Other Discharge G.P.M. Pumping Level Hours Pumped 1.19r II 590 '1" 3, PROPOSED USE g Domestic k! Irrigation IJ Monitor ❑ Industrial ❑Stock ❑Waste Disposal or Injection El Other (specify type) 720" ' 1 9. LfTHOLOGIC LOG 109'2" 4 2 Bore De th Diam, From To Material Water Yes No a. METHOD DRILLED ❑ Rotary ❑ Air ❑ Auger ❑ Reverse rotary 1 Cable ❑ Mud ❑ Other (backhoe, hydraulic, etc.) 16 0 S -".ayTopsoil X 5 30 Cemented Sand &Sand Cla X 12 30 70 Cgpented Sand X 70 80 Sand Clay X 80 94 Cemented Sand & Clay Steaks X 5. WELL CONSTRUCTION Casing schedule: ID Steel ❑ Concrete ❑ Other Thickness I?lameler From a .250 Inches 12' inches +2r feet 196; feet 250 Inches 0 inches 185T feet 195 feet 250 inches 8" inches 236 6 feet 2476 feet vAllasing drive '690e ed? M Y�� 7 �br No 2�2'9� Was a packer or -seal used?IR -Yes 11No Perforated? ❑ Yes X1 No How perforated? ❑ Factory ❑ Knife ❑ Torch ❑ G Size of perforation? inches by Inches Number From 70 perforations feet feet perforations feet feet perforations feet feet Well screen Installed? )1 Yes ❑ No Manufacturer Johnson Type Stainless Steel Top Packer or Headpipe 1$ ' 10"RIPe ' longem Bottom o Tailpipe �5' 94 110 S4nd & Small Gravel X 110 111 Clay X 111 157 Sand x 157 163 ClayX 163 180 Sand X 180 195 ClaySand Clayg 195 237 Sand g 237_247 Cementeid Sand R 247 258 Sand X 258 273 Cementpd Sand X 273 288 and X 288 295 Cla 1' "'' Epa meet 0Water Resoumas Ree)0nal Ofifafl L) 8" 30 195' 23616" Diameter ! _ Slot siz632__ Set fromZ4Z6PVet to2j7..'�18et Diameter '_Slot siz(00 Set from2-Z2!Aet to288, feet Gravel packed? XJ Yes ❑ No O Size of gravel`8-12 san Placed from 185' _ feet to 2951 feet Surface seal dept6Q'_ Material used in seal: ❑ Cement grout M Bentonite ❑ Puddling clay ❑ Sealing procedure used: X1 Slurry pit 10 Temp. surface casing X7 Overbore to seal depth IGlefhoc—otfolning casing _. - —0 ThYesded-'---Z Welded ---- elded ---❑ Solvent Weld ❑ Cemented between strata M Describe access port ping in wall seal Reamces 0.0 so, wxY 10 i Work started 5/02 finished 6/.96192 _ 6, LOCATION OF WELL Sketch map location must agree with written location. N Subdivision Name�jdi�g�8htg -' w e ;__ I __ Lot No. Block No. S County—oda Address of Well Site Meridian Road (give at least name of road) T...3____ N }R or S ❑ Sec. N -F- 1/4N -F.- 1/q _25 R. ._I E Elor W fes{ IICC AnnMA\IA1 OU&e 11. DRILLER'S CERTIFICATION I/We certify that all m well'constrlicfiori M6ndards•'were•:= complied with at th ime t e rig was removed. Firm Name Stev s ns Inc pi 15 Addres 1 n- p s37AJ.,.,:r, j.. Signed by Drilling St�elvisor and (Operator) (if stent than the grilling Supervisor) --•- •• •.-........ '- — rvrnnanw Inc WrIl It: GVPY TO THE DEPARTMENT �p Form 238-7 IDAHO DEPARTMENT OF WATER RESOURCES 3/95-C96 WELL DRILLER'S REPORT kPae1of2 RILL G PERMIT NO. Kentucky Ridge #3 Test Bore Other IDWR No. 898866-845592 2. OWNER: Name Meridian Heights Water & Sewer Assoc., Inc. Address PO Box 472 City Meridian State ID Zip 83680 3. LOCATION OF WELL by legal description: Sketch map location must agree with written location N IM Twp 3 North ® or South ❑ W E Rge 1 East ❑ or West It Sec 25 NE 1/4 NW 1/4 I0-MIes` acres MWacres S Gov't lot County Ada Lat: 430 ,34' :25.19" Long:1 161 :24' :19.37" Address of Well Site W. Riodosa Dr., off S. Kentuckv Wav City Meridian rrve at least name oF roa tstance to oa or Landmark) Lt. 2 Blk, 5 Sub. Name Meridian Heights/ Kentucky Ridge Subdivision 4. USE: ❑ Domestic ❑ Municipal MonitorIrrigation EJ Thermal ElInjectiort� Other Test -Drill &Fill 5. TYPE OF WORK check all that apply ep acement etc.) ® New Well ❑ Modify ® Abandonment ❑ Other 6. DRILL METHOD ❑ Air Rotary ❑ Cable.M Mud Rotary ❑ Other 7. SEALING PROCEDURES SEAL/FILTER PACK AMOUNT METHOD Material From To Sacks or Pounds SEE LIST PG 2 Was drive shoe used? ❑ Y ® N Shoe Depth(s) Was drive shoe seal tested? ❑ Y ® N How? 8. CASING/LINER- r From To Chum Material Casing ® ❑ ❑ Liner ❑ ❑ ❑ Welded ® ❑ ❑ Threaded ❑ ❑ ❑ 8" +2' 127' .322 Steel 11'ests lPerformed Length of Headpipe N/A Length of Tailpipe N/A 9. PERFORATIONS/SCREENS ❑ Perforations Method NONE Screens Screen Type NONE From To Slot Size Number Diameted Materiall Casing Liner ONE ❑ ❑ ❑ ❑ ❑ ❑ No LLIPUMP 0 10. STATIC WATER LEVEL OR ARTESIAN PRESSURE: 84.1 ft. below ground Artesian Pressure 177 Ib psi Depth flow encountered 493 ft, Describe access port or control devices: Abandoned Use Only Inspected by 1 wp Rge ___Sec 1/4 1/4 Fat: Long: 11. WELL TESTS: ❑ Pump ❑ Bailer ❑ Air ❑ Flowin Artesian 1/4 Yield al/min. I Drawdown I Pumpiny Level Time No LLIPUMP 0 11'ests lPerformed 30" 5' 32' Gravel 30" 32' 38' Tan Clay Water Temp, 60'F (a�, 493' Bottom hole temp. Not Checked Water Quality test or comments: pH=8.04, Cond = 832jnS TDS = 578 mg/L Depth first Water Encountered N/A 12. LITHOLOGIC LOG: (Describe repairs or abandonment) Water Bore Din From 1 To Remarks: Lithology, Water Quality & Temp. Y N 30" 0 5' Top Soil 30" 5' 32' Gravel 30" 32' 38' Tan Clay 30" 38' 105' Fine/Med. "fan Sand 8" 105' 111' Tan Siltstone 8" 111' 1118' Fine Sand 8" 118' 129' Tan Clay & Sand 8" 129' 152' Tan Clay 8" 152' 158' Sandy Clay 8' 158' 176' Sand & Pea Gravel 8" 176' 192' Tan Clay . 8" 192' 205' Sand 8" 205' 217' Tan Clay 8" 217' 227' Sand & Clay 8" 227' 26P Clay 8" 261' 283' Sand 8" 283' 294' Tan Clay 8" 294' 308' Sand 8" 308' 316' Baked Brown Sand & Sand 8" 316' 324' Tan Sticky Clay 8" 324' 333' Sand & Little Clay Tan 8" 333' 341' Tan Sticky Clay/Sandy 8" 341' 351' Tan Sticky Clay 8" 351' 354' Brown Sand 8" 354' 377' Sticky Sandy Clay 8" 377' 424' Medium Grained Brown Sand 8" 424' 436' Gray Clay & Sand 8" 436' 444' Coarse Sand 8" 444' 463' Gray Clay Continued - Completed Depth: 553' (Measurabl } Date: Started 3/13/2007 Completed 4/3/2007 13. DRILLER'S CERTIFICATION I/We certify that all minimum well construction standards were complied with at the time the rig was removed, Firm Name Treasure V• le DrillingFirm No. 560 Firm Official Date_ Supervisor or Operator Date Form 238-7 IDAHO DEPARTMENT OF WATER RESOURCES 3/95 C96 WELL DRILLER'S REPORT Pa e 2 2 1. DRILLING PERMIT NO Kentucky Ridee "'ell 3-131'est nore Other ID WR No. 898866-845592 2. OWNER: Name Meridian Heights Water & Sewer Assoc.. Inc. Address PO Box 472 City Meridian State ID Zip 83680 3. LOCATION OF WELL by legal description: Sketch map location must agree with written location N Twp 3 North ® or South ❑ W REE Rge 1 East ❑ or West Sec 25 NE 1/4 NW 1/4 1Tn-rrs— W' res rbu`acres S Gov't lot County Ada Lat: 43" :34' :25.19" Long, IIe 2L__: 19.37" Address of Well Site W. Riodosa Dr.. off S. Kentucky Way City Meridian rive at least name ot roa is ance ooa or Landmark) Lt. 2 Blk. 5 Sub. Name Meridian Heights/ Kentucky Ridee Subdivision 4. USE: ❑ Domestic ❑ Municipal ❑ Monitor ❑ Irrigation ❑ Thermal ❑ Injection ® Other Test -Drill & Fill 5. TYPE OF WORK check all that apply (Replacement etc.) ® New Well ❑ Modify ® Abandonment ❑ Other 6. DRILL METHOD ❑ Air Rotary ❑ Cable ® Mud Rotary ❑ Other 7. SEALING PROCEDURES SEAL/FILTER PACK AMOUNT METHOD Material From To Sacks or Pounds See List Page 2 Was drive shoe used? ❑ Y ® N Shoe Depth(s) Was drive shoe seal tested? ❑ Y ® N How? 8. CASING/LINER: Diameter From To Gall2e Material Casing Liner Welded Threaded ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ONE El Ll ❑ ❑ ❑ ❑ Length of Headpipe N/A Length of Tailpipe N/A 9. PERFORATIONS/SCREENS ❑ Perforations Method NONE Screens Screen Type NONE From To Slot Size Number Diameted Material Casine Liner ONE El Ll ❑ ❑ ❑ ❑ 10. STATIC WATER LEVEL OR ARTESIAN PRESSURE: 84.1 ft. below ground Artesian Pressure 177 lb psi Depth flow encountered 493 ft. Describe access port or control devices: Abandoned Office Use Only Inspected by Twp Rge Sec__ --- -1/4 1/4 1 /4 Lat Long: 11. WELL TESTS: ❑ Pump ❑ Bailer ❑ Air ❑ Flowing Artesian Yield al/min. Drawdown PUMninp Level Time NO TESTS 8" 69' Water Temp. 60'F cz, 493' Bottom hole temp Not Known Water Quality test or comments: Water samples obtained from 493 ft bgl Depth first Water Encountered N/A _ 12. LITHOLOGIC LOG: (Describe repairs or abandonment) Water Bore From To Remarks: Lithology,'Vater Quality & Temp. FN 18 nia 8" 63' Jk691 Blue Green Clay 8" 69' 74' Gray Blue Clay & Sand F n 8" 74' 81' Blue Clay F n 8" 48 P 540' Coarse Sand n 8" 540' 545' ISticky Clay n 8" 545' 553' Sandy Tacky Gray Clay r n fn SEALS AND FILLERS F n rn 553' 11517 W' Baroid Hole Plug 16 ba s 8 cl F n 517' 53' 8-16 Filter Sand 20.5 c.f. 1-7 53' 33' /4" Baroid Hole Plug 8 bags 5.6 c.f. 33' 373' 8-16 Filter Sand 13.44 c.f. 373' 64' %" Baroid Hole Plug 3 bas 2.1 c.f. 364' 246' 8-16 Filter Sand 40.2 c.f. 246'.240' /4" Baroid Hole Plug 3 bags 2.1 c.f. 40' 138' 8-16 Filter Sand 35.5 c.f. 138' 126''/4" Baroid Hole Plug 4 bags 2.8 c.f. 126' 122' 8-16 Filter Sand 1.3 c.f. 122' 10 8 -inch Casing — Temporary Removed 122' 10 '/4" Baroid Hole Plug 43 c.f. (Surface Seal of 16 -inch Casing) ydrogeologist = Hydro Logic, Inc. r Water quality samples obtained from Installed pipe & screen sealed into 60' to 522' zone depth of aquifer after Pumping for — 48 hours r7 JUCompleted Depth: 553' (Measurably) Date: Started 3/13/2007 Completed 4/3/2007 13. DRILLER'S CERTIFICATION [/We certify that all minimum well construction standards were complied with at the time the rig was removed. Firm Name Treasure lle ' Drill' Firm No. 560 Firm Official Date Supervisor or Operator Date Form 238-7 IDAHO DEPARTMENT OF WATER RESO 6102 WELL DRILLER'S REPORT 1. WELLTAG NO. D G.� Z '�O'q DRILLING PERMIT" NO, Water Right or Injection Well No. 2. O N Name \ . Address City Slate P352 3. LOCATION OFWELL by legal description: You must provide address or Lot, Rk, Sub. or Directions to well. Twp.North N or South ❑ Rge.-_ �East X - orWest ❑ Sec. Z«4vw1/4 if 4 1IL Gov'[ Lot County Latt : Long: . Address of Well Site\jr_Q, �6An pfd,�A1-our `/ V6 11}3 {i('zCrj x(141 City Mf'1�'N ibn - la:eatesiiw,eaoaa. nnn,n raoona�,s� - _ -_ _ ._ Lt. Blk. Sub. Name -_ 4. USE: ❑ Domestic ❑ Municipal I*.Monftor ❑ Irrigation ❑Thermal ❑ Injection .Other TfEF 5. TYPE OF WORK check all that apply (Replacement etc.) XNew Well ❑ Modify ❑ Abandonment ❑ Other 6. DRILL. METHOD. ❑ Air Rotary ❑ Cable ®.Mud Rotary ❑ Other 7. SEALING PROCEDURES lSeal Material From To Weight /Volume Seal Placement Method Was drive shoe used? Ay ❑ N Shoe Depths) Was drive shoe seat tested? IKY ❑ N Harr? f)c 4t *1 A-11 8. CASINGUNER: Dlameter From To Gauge Material N +2 K ❑ ❑ K ❑ a ❑ l@ ❑ 9 Casing Liner Welded Threaded N ❑ K ❑ ❑ K ❑ a ❑ l@ ❑ 9 Length of Headpipe Length of Tailpipe Packer ❑Y GAN Type 9. PERFORATIONS/SCREENS PACKERTYPE Perforation Method Screen Type & Method of Installation From To Slot Size Number Diameter Material 6$0- well ID No. ZZ pvG 205 `, Inspected by Twp age Sec Casing Liner Office use Only - �© URGES well ID No. ZZ Inspected by 17aM� Office use Only - �© URGES well ID No. ZZ Inspected by Twp age Sec 1A 1/4 il4 12 WELL TESTS: tat: Long: �M ❑ Pump ❑ Bailer ❑ Air ❑ Flowing Artesian yield gal./min, Drawdown Pumping Levet Time Water Temp. Bottom hole temp. Water Quality test or comments: Depth fust Water Encounter 13. LIT1i=GIC LOG: (Describe repairs or abandonment) Water 17aM� - �© ON . • �M NO ♦ , . ,., MM MM om 1 w i o.: r � • 14. DRILLER'S CERTIFICATION 10. FILTER PACK I/We certify that all minimum well construction slandards were compiled with at the miller -Material From To Weight/ Volume Placement Method lime the rig was removed. #1 711 �a �^ #a _ t 4 Company Name re- G ,,>u �' a flini Firm N- o, 11. STATIC WATER LEVEL OR ARTESIAN PRESSURE: �E����Driller Date, �ft. below ground Artesian pressure Ib. Depth flaw encountered ft. Describe access port or control devices:��� Driller or Operator II Date 7-- -2,-- c 3 1ni£ ( �7't' t ,1..i1! L 5L SOBTatr ! Date WATER RESOURCES Princinaf nriller and Rin rinarator Ranrrlrgd WESTERN REGION a9C 0, Form 238-7 IDAHO DEPARTMENT OF WATER RESOURCES 6/02 WELL DRILLER'S REPORT 1. WELLTAG NO. D C� M2�A'Z�__ DRILLING PERMIT NO. Water Flight or Injection Well No, 2. OWNER: Name c ; ' Address city State ?gyp 3. LOCATION OF WELL by legal description: You must provide address or Lot, Blk, Sub- or Directions to well. Twp- North ❑ or South ❑ Rge• East ❑ or West ❑ Sec. 1/4 1/4 1/4 Gov't Lot aunty Jm Let: Long: Address of Well Site City .- tdl�F km9mwctaY�ll�pFp�falad�alq - __, _. -_ _ Lt. Blk. Sub- Name _ 4. USE: ❑ Domestic ❑ Municipal ❑ Monitor ❑ Irrigation ❑ Thermal ❑ Injection ❑ Other_ S. TYPE OF WORK check all that apply (Replacement etc) ❑ New Well ❑ Modify ❑ Abandonment ❑ Other 6. DRILL METHOD: ❑ Air Rotary ❑ Cable ❑ Mud Rotary ❑ Other zwle 7. SEALING PROCEDURES Sear Matetlat I From To We ghtlVoltmre seal Placement Method #3 8. CASING/LINER: - 03 04 #3 #N Olameter From To Gauge Material ❑ E& ❑ ti Casing U ❑ Length of Headpipe Length of Tailpipe Packer ❑ Y ❑ N Type Uner 18 Welded Threaded ❑ F9L El A ❑ ET 9. PERFORATIONS/SCREENS PACKER TYPE Perforation Method Screen Type & Method of Installation `. h, _ 56+ Casing unar ❑ ❑ E& ❑ ❑ 10. FILTER PACK Fitter Malaria! Frdm To WelghUVolume Ptaaemeni Method "� ''S,"'.qK:�E] t � ( 11. STATIC WATER LEVEL OR ARTESIAN PRESSURE: ft, below ground Artesian pressure lb. Depth flow encountered ft. Describe access port or control devices:-, 12 WELL TESTS: Office Use Only Well ID No. Inspected by Twp Rge Sec 1/4 1/4 1/4 Let: Long: ❑ Pump ❑ Bailer ❑ Air ❑ Flowing Artesian YieW gaUmin. Drawdmm Pumping Level Time Water Temp. Bottom hole temp. Water Quality test or comments: Depth first Water Encounter 13. LITHOLOGIC LOG: (Describe repairs or abandonment) wAtnr 14. f1lCCt::S UkWTIFICAT]ON IANe certify that all minimum well construction standards were complied with at the time the rig was removed. Company Name Firm No. ffL1C- Principal Driller �' _ Date '7 —5— 03 and Driller or Operator 11 Date '7-31.&3 Operator I Date Princinal nrilier Arid Rin OnPralnr Rprittired Bpi Mill 14. f1lCCt::S UkWTIFICAT]ON IANe certify that all minimum well construction standards were complied with at the time the rig was removed. Company Name Firm No. ffL1C- Principal Driller �' _ Date '7 —5— 03 and Driller or Operator 11 Date '7-31.&3 Operator I Date Princinal nrilier Arid Rin OnPralnr Rprittired Form 238-7 IDAHO DEPARTMENT OF WATER RESOURCES 7541 6/07 WELL DRILLER'S REPORT 1. WELL TAG NO. D 0053401 PAGE 1 OF 4 12. STATIC WATER LEVEL and WELL TESTS: Drilling Permit No. 90671 8-8541 24 Depth firs( water encountered (fl) 6 fee► bgl Static water level (ft) TABLE PAGE 4 Water right or injection well # Water temp. (°F) TABLE PAGE 4 Bottom hole temp. (°F) 85.26 °F at 1,316 ft bgl 2. OWNER Describe access port Six 2" tube wells in a locked steel well head enclosure Name City of Meridian -'Feat Well #28 Address 33 E. Broadway Ave. _ City Meridian State ID Zip 83642 3. WELL LOCATION: Twp. 03 North ❑X or South ❑ Rge. 01 _ East ❑X or West El Sec. 32 SE 114 SW 1/4 NE 1/4 io acres 40 acres 160 acres Gov't Lot County Ada Lat. 043 ° 33.250' (Deg, and Decimal minutes) Long. 116 ° 21.620' (Deg. and Decimal minutes) Address of Well Site E. Taconic Dr. —1/2 mile south of Amity Rd. & 1,600 feet west of Eagle Rd. City Meridian (d"!1"dnw.liu/.0"trgY Nvi"Ir a Lot. 24 Blk, 1 Sub. Name Blackrock Sub. No. 1 4. USE: ❑ Domestic [:)Municipal ❑X Monitor ❑ Irrigation ❑ Thermal ❑ Injection Mother Multi -Piezometer Test Well 5. TYPE OF WORK check all that apply (Replacement etc.) ❑ New Well ❑ Replacement well ❑ Modify existing well ❑ Abandonment ❑ Other 6. DRILL METHOD: ❑X Air Rotary ❑X Mud Rotary ❑ Cable X❑ other Direct Mud -Rotary r__ 7. SEALING PROCEDURES Seal material Fran ft To ft Ouan' bsorft3 Macemenlmethodl ure 3/4" Barad 0 18 16.8 cubic feet poured through air Bentonite Chip CONTINUED IN I TABLE PAGE 3 8. CASINGILINER: Diameter From To Gauge/ nominal ft ft Schedule Material 84nch 0 54 0.322" STEEL 2 -Inch +3 147 SCH80 PVC -ZONE #6 2 -Inch +3 252 SCH80 PVC -ZONE #5 Casing Liner Threaded Welded ® Cl ❑ Gauge a Schedule ® ❑ ® ❑ ® ❑ ® ❑ Was drive shoe used? X❑ Y [:]N Shoe Depth(s) 54 ft bgl (driven into clay) 9. PERFORATIONSISCREENS: Perforations ❑ Y Q N Method N/A Manufactured screen ❑X Y ❑ N Type Factoryalotted SCH80 PVC Method of installation Lowered and tagged Into proper depth From (ft) To (ft) Slot size Number/ft meter nominal Material Gauge a Schedule 147 167 0.020' 3.7%OA. 24nch 18ISandy gravel CHSO-Zone #6 252 312 0.020" 3.7%O.A. 24nch _PVC PVC CH80-Zona #5 352 407 0.020" 3.7%0.A. 24nch PVCSCH80-Zone #4 Length of Headpipe N/A Length of Tailpipe N/A Packer ❑ Y ❑X N Type N/A 10. FILTER PACK: Filter Material I From fl To ft) Tguantity flbs or 111Placement medrod #64112 Birdseed 1 127 1711 4.7 cu. ftur and tag thru tremie #6-1112 Blydseed 1 2321 3171 12.7 cu. R I p.ur and tag thru tremie 11. FLOWING ARTESIAN: Flowing Artesian? ❑ Y ❑X N Artesian Pressure (PSIG) SEE TABLE PAGE 4 Describe control device Lockable fabricated steel enclosure Well test: Test method: Drawdown (feet) Discharge or yield m Test duration minutes pump Bailer [9 ❑ Flowing Air artesian X❑ ❑ NO PUMP ESTS OTHER THAN IR -LIFTING 1A D PUMPED WATER SAMPLES IFROM EACH ZONE Water Quality test or comments: TABLE PAGE 4 13, LITHOLOGIC LOG and/or repairs or abandonment: Bore Dia. in From fl To Remarks, Ifthology or description of repairs or fl abandonment, water temp, Water Y N 12" 01 31Top salt X 12" 31 18ISandy gravel X 8" 181 521Sandy gravel X 8" 52 55 Brown sticky cla X a" 55 56 Sandy clay X 8" 56 65 Brown clay X 8" 65 73 janoren a sand X a" 73 76 Brown clay X 8" 1 76 80 Brown sand X 8" 801 84 Brown clay X 8" 841 92 Brown sand X 8" 921 96 Brown clay X 8" 961 97 Brown sand X 8" 971 106 Brown clay X 8" 1061 113 Brown sand X 8" 1131 115 Brown clay X 8" 1151 223 Brown sand X 8" 223 231 Brown clay X 8" 231 242 Brown clay with some brown sand X 8" 242 248 Reddish -brown sand x 8" 248 302 Brown sand X 8" 302 314 Pea gravel X 8" 314 _ 324 Brown sand X 8" 324 334 Soft brown clayX 8" 334 338 Gravel X 8" 338 341 Brownoran a clayX 8" 341 344 Sand ravel X 8" 8" 344 346 346 Brown clay—�q�t 360 Sand ravel MAR U d bUU X X 8" 360 364 Sand X 8" 8" 1 364 377 377 Gravel 383 Blue cla X X Com (elect De ih Measurable 1,2 6 feet below ground Date: Started November 3, 2008 Completed December 10 2008 14. DRILLER'S CERTIFICATION IIWe certify that all minimum well construction standards were complied with at the time the rig was removed. Company Name Treasure Valley Drilling Co. No. 560 'Principal Driller _ Date 'Driller Date 'Operator II Date Operator I Date ' Signature of Principal Driller and rig operator are required. Form provided by Forms On -A -Disk • (214) 3W U29 - www.FormsOnAD!sk.com Form 238-7 IDAHO DEPARTMENT OF WATER RESOURCES 6/07 WELL DRILLER'S REPORT 1. WELL TAG NO. D 0053401 PAGE 2 OF 4 Milling Permit No. 906718-854124 Water right or injection well # 2. OWNER Name City of Meridian - Test Well #28 Address 33 E. Broadway Ave. City Meridian State ID _ AD 83642 3. WELL LOCATION: Twp, 03 NoAh N or South ❑ Rge. 01 Fast X❑ or %st ❑ Sec. 32 SE 1/4 SW 1/4 NE 1/4 Ioaaea 40 ac— 160ame Gm Lot County Ada Iat. 043 '33.250' (Deg, and Decimal minutes) Long. 116 '21.620' (Deg. and Ikcinai minutes) Ackhress ofvknsite E. Taconic Dr. --1/2 mile south of Amity Rd. 8r 1,600 feet west of Eagle Rd. city Meridian (�� W �.y.y.sOWvbFad �la.Nt Lot 24 Bk. 1 sub. Name Blackrock Sub. No. 1 4. USE: ❑ Da>Est. ❑ Mmwlpai X❑ M- for ❑ hrigation ❑ The—, ❑ Injection ®Ode, Multi -Piezometer Test Well 5. TYPE OF WORK check all that apply (Replacementetc.) Q NewVkll ❑ Rcplacementwen ❑ May nen ❑ Abandonment ❑ Other 6. DRILL METHOD: © Ai Rotary X❑ bbd Rotary ❑ Cable ®Other Direct Mud -Rotary 7. SEALING PROCEDURES Sealnntedal (01 To(R) I Quntilymsorl') PlacernentnxthrAixocedure Slot sue SEE TABLE PAGE 3 ® El ® El 8. CASINGILINER: Dian eter Flom To Gauge/ nominal)R R S dole Casing Liner Threaded () etre hhteriat Vklded 24 Slot sue hch +3 352 SCH80 PVC - ZONE 1y+i ® El ® El 2anch +3 577 SCH80 PVC -ZONE #3 ® ❑ ® 1:12 Inch +3 759 SGHeO PVC - ZONE #2 ® ❑ ® ❑ Was drive shoe used? ®Y ❑ N Shoe Depths) 54 ft bgl (driven Into clay) RM (a) To (R) Slot sue hch +3 352 SCH80 PVC - ZONE 1y+i ® El ® El 2anch +3 577 SCH80 PVC -ZONE #3 ® ❑ ® 1:12 Inch +3 759 SGHeO PVC - ZONE #2 ® ❑ ® ❑ Was drive shoe used? ®Y ❑ N Shoe Depths) 54 ft bgl (driven Into clay) 9. PERFORATIONS/SCREENS: 7590.020" X Perforations ❑ Y © N bk" NIA .7%0.A. 24nch lvfanufachuedscreen X❑ Y ❑ N Type Factory -slotted SCHBO PVC 1,2060.020" bbdtod ofinstanation Lowered and tagged into proper depth X RM (a) To (R) Slot sue N3mbedR 1�tter Mstetial Gauge or Schaddle 577A1,226 8" 0.020" .7%0.A. 24nch 8" CHBO-Zone #3 7590.020" X 8"1424r228 .7%0.A. 24nch _PVC PVC CH80-Zone #2 1,2060.020" emented sand with gravel X .7%0.A. 24nch PVC "HBO -Zone #1 Lengthofftadpipe NIA Length ofTatlpgx' NIA Packer ❑ Y X❑ N 1* NIA 10. FILTER PACK: Aerbhterial Thum(A)l Tb(fl) (IuerR' Placementmedhod #6412 Birdseed 335 407 19.4 cu. ft pour and to thru tremie 1#6412131 seed 061 700 29.4 cu. ft pour and to thnr tremae 11. FLOWING ARTESIAN: Flowing Artesian? ❑ Y NN Artesian Pressure (PSIG)SEE TABLE PAGE 4 ascribe control device Lockable fabricated steel enclosure 12. STATIC WATER LEVEL and WELL TESTS: Depth first weter encountered (11) 6 feet bgt Static water level (ft)TABLE PAGE 4 Watertertp. (°F) TABLE PAGE 4 Bottom hole terror. (°17) 85.26 IF at 1,316 it bgi Desc&e access port Six 2" tube wells in a locked steel well head enclosure Well test: Test method: lkavuiown (fret) Mohr or YiEw Test duration (ninutes) PwT Hader © ❑ Fbnitg AF artesian X❑ ❑ NO PUMP TESTS OTHER THAN IR -LIFTING AND PUMPED WATER SAMPLES FROM EACH ZONE Water Quality test or Comments: TABLE PAGE 4 13. LITHOLOGIC LOG andlor repairs or abandonment: Bae Dia, (in) FTrxn (ft) To Rerrwlcs, lihobgy cx description ofrepais or (ft) abandcnment,witerten . Water Y N 8" 383 388 Cemented ravel X 8" 388 421 Cemented ravel with blue clay seams X 8" 421 423 Cemented sandy gravel X 8"1424r228 emented gravel X 8"33 emented sand with gravel X 8"49 Hue Cla X 8"451 layey blue sand_ X 8"62 _ _ lue sand X 8"498 la with stri s of sand X B"519 lue sand X 8"522 lue-black cla X 8"541 luesand X B"649 lue-brown sand X B"642 Hue sand X 8"664 Hue clay with wood chunks X 8" 6641 705 Hue sand with wood chunks X B" 7051 714 and with clay seams X B" 714 719 lue clay X B" 719 725 lue sand X 8" 725 742 lue clay X 8" 742 i 772 Hue sand X 8" 772 _ 778 lay with sand - -— X — B" 778 799 nd X 8" 799 815 Green and light green clay X B" 815 817 Sand X B" 8" 817 819 819 Clay 854 and X X 8" 854 858 ClayX B. 856 876 Sand MAR 2 2009— X 8" 876 889 andy clay I X 8" 8891 Sol and VVAT'ER REP0?F1QES X B. 891 1,040 lue clay010N X Con leted Ik (Nvtasurable) 1,276 feet below ground Dote: Started November 3, 2008 C tcd December 10, 2008 14. DRILLER'S CERTIFICATION M certify that an mitirn rn wellctnstructixn standards Here corripled with at the time the rig was removed. ConvanyNamc Treasure Valley Drilling Co.No. 560 'Principal Driller Bite �L J 'nkr Date 'Operator It Date Operator T Date •Signahue of Principal Driller and rig operator are required. Form provided by Fors OnA-Disk • (214) 340.9429 - www.FormsOnAD!sk.com Dorm 238-7 IDAHO DEPARTMENT OF WATER RESOURCES 6/07 WELL DRILLER'S REPORT L WaLTAGNO. D 0053401 PAGE 3 OF 4 12. STATIC WAI'ER LEVEL kind WELL TESTS: Drilling Permit No. 906718-854124 Depth first water encountered (ft) 6 feet bgl Static water level (ft) TABLE PAGE 4 Water right or injection well # Water temp. (°F) TABLE PAGE 4 Bottom hole temp. (°F) 85.26 °F at 1,316 it bgi 2.OWNER Describe access port Six 2" tube wells in a locked steel well head enclosure Name City of Meridian - Test Well #28 Address 33 E. Broadway Ave. City Meridian State 1D Zip 83642 3. NMIL . LOCATION Twp, 03 North El or South ❑ Rge. 01 East ❑X or West ❑ Sec. 32 SE 1/4 SW 114 NE 114 io acres 40 aces iso ayes Gov't Lot County Ada Lat. 043 '33.250' (Deg, and Decimal minutes) Long. 116 '21.620' (Deg. and Decimal minutes) Address of Well Site E. Taconic Dr. -1 /2 mile south of Amity Rd. $ 1,600 feet west of Eagle Rd. City Meridian Lot. 24 Blk. 1 Sub. Name Blackrock Sub. No. 1 4. L)SE: ❑ Domestic ❑ Municipal © Monitor ❑ Irrigation ❑ Thermal ❑ Injection ® Other Multi -Piezometer Test Well 5. TWE OF ViORKcheck all that apply (Replacement etc.) © New Well ❑ Replacement well ❑ Modify existing well ❑ Abandonment ❑ Other 6. DRILLNETHOD: X❑ Air Rotary 0 Mud Rotary ❑ Cable 0 other Direct Mud -Rotary 7. SEALING PROCEDURES Seal material From fl To ft Quantity Ibs or ft3i 1 Placement meffiod#ooedure +3 ,206 SCH80 PVC - ZONE #1 SEE TABLE PAGE 3 1,206 ,256 SCH80 PVC - ZONE #1 ❑ 8. CASIW-VUNEP, Diameter From To Gauges nominal R ftSchedule Materia! 24nch +3 ,206 SCH80 PVC - ZONE #1 2 -Inch 1,206 ,256 SCH80 PVC - ZONE #1 ❑ ❑ Casing Liner Threaded Welded ® ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Was drive shoe used? ® Y ❑ N Shoe Depth(s) 54 ft bgi (driven Into clay) 9. PERFORATIOM/SCREENS: Perforations ❑ Y © N Method NIA Manufactured screen X_1 Y ❑ N Type Factorymlotted SCH80 PVC Method of installation Lowered and tagged into proper depth From (ft) To (ft) Slot size Numberlft rneter Material Gauge or Sdhedule na 1,256 1,276 0.020" .7%O.A. 24nch PVC CH80-Zone #1 IR -LIFTING AND PUMPED WATER "O.A. =Open Are X 8" 1,059 Length of Headpipe NIA Length of Tailpipe _ NIA _ Packer ❑ Y © N Type NIA 10. FILTER PACK Filter Material I From fl To ft Quarft flbs of RlPlacement method #6412 Birdseed 1 737 1 883 1 27.4 cu. It pour and tag thru tremie lf6412 Birdseed 1,1601 1,3051 35.7 cu. ft pour and tag thru tremie 11. FMWIIVG ARTESIAN Flowing Artesian? ❑ Y NN Artesian Pressure (PSIG) SEE TABLE PAGE 4 Describe control device Lockable fabricated steel enclosure RECEIVED MAR U 2 WATER RESOUR%� WESTERN FIEW N Well test: Test method: Drawdown (feet) Discharge or yield Test duration minutes Pump Bailer X[] ❑ Flowing Air artesian ® ❑ NO PUMP TESTS OTHER THAN IR -LIFTING AND PUMPED WATER SAMPLES IFROM EACH ZONE Water Quality test or cununents: TABLE PAGE 4 13. LTIHOLOGIC LOG and/or reaairs or abandonment: Bore Dia. In From fl To ft Remarks, lithology or description of repairs or abandonment, water temp, Water Y I N 8" 1,040 1,069 lue clayey ravel X 8" 1,059 1,064 and blue clay X 8" 1,064 1,096 emented v coarse sand X 8" 1,096 1,116 an blue clay X 8" 1,116 1,143 andstone X 8" 1,143 1,145 hue cla X e" 1,145 1,163 andstone X 8" i,irpj 1,171 _ and with medium quartz grains X 8" 1,171 1,174 la a medium sand X 8" 1,174 1,208 odium sand X 8" 1,208 1,214 ran ish-brown cla with seams of silt X 8" 1,214 1,215 Ino quartz sand X 8" 1,215 1,279 edium-to-coarse quartz sand X 8" 1,279 1,286 hue cls X 8" 1,286 1,308 edium sand X 8" 1,308 1,316 andy blue clay X SEALING PROCEDURES Bentonite grouts are CETCO brand containing neater than 30% solids -b -wet ht. Neat cement routs are mixed at a rate of 6 gallons of water 094 pounds of Portland cement. Bent site grout eal depths verified by to ging through tremle. 0 127 meet grout - pumped thru tremle - 16.9 cu. ft 171 232 ntonite grout - pumped thru tremie - 7.4 cu. ft 317 335 tonite grout - pumped thru tremle - 7.1 cu, It 407 4651bentonite grout - pumped thru tremie - 8.4 cu. It 485 475 ment grout - pumped thru tremie - 2,0 cu. It 475 536 3entonite grout - pumped thru tremie -10.0 cu. ft 700 737 xntonits grout - pumped thru tremie - 6.4 cu. ft 883 930 mntonite grout . pumped thru tremie - 8.6 cu. it 930 940 ment grout - pumped thru tremie - 2.4 cu. ft 940 1,160 mntonite grout - pumped thru tremie -46.8 cu. it Completed Depth Measurable 1,276 feet below ground Date: Started November 3, 2008 Completed December 10, 2008 14. DRILLOUS CERIWATION I/We certify that all minimum well construction standards were complied with at the time the rig was removed. Company Name Treasure Valley Drilling Co. No. 560 'Principal Driller - Date ;?-,;i 'Driller 'Operator II Date Date Operator I Date --- * ale_' Signature of Principal Driller and lig operator are required. Form provided by Forms On-.4Disk • (214) 3410-9429 • www.FommsOnADisk.com Form 238-7 IDAHO DEPARTMENT OF WATER RESOURCES 6/07 WELL DRILLER'S REPORT 1. WELL TAG NO. D 0053401 PAGE 4 OF 4 Drilling Permit No. 906718-854124 Water right or injection well # 2. OWNER Name City of Meridian - Test Well #28 Address 33 E. Broadway Ave. City Meridian State ID Zip 83642 3, WELL LOCATION: Twp. 03 North © or South ❑ Rge. 01 East 0 or West ❑ Sec. 32 SE 1/4 SW 1/4 NE 1/4 to aces 40 aaes 160 ages Gov't Lot County Ada Lat. 043 ° 33.250' (Deg. and Decimal minutes) Long, 116 *21.620' (Deg. and Decimal minutes) Address of Well Site E. Taconic Dr. ^-112 mile south of Amity Rd. & 1,600 feet west of Eagle Rd. City Meridian (U.e� Wl,w,l�dteyOobRotl slanMY Lot. 24 Blk. 1 Sub. Name Blackrock Sub. No. 1 4. USE: ❑ Domestic ❑ Municipal ® Monitor ❑ Irrigation ❑ Thermal ❑ I*d m ®other Multi-PiezometerTest Weil 5. TYPE OF WORK check all that apply (Replacement etc.) X❑ New Well ❑ Replacement well ❑ Modify existing well ❑ Abandonment ❑ Other 6. DRILL METHOD: © Air Rotary ® Mud Rotary ❑ Cable X❑ Other Cable -Toot Develoment 7. SEALING PROCEDURES Seal material I From 0 Taft Quantity Pot or it Placement method/procedure Test duration minutes SEE TABLE PAGE 3 Flowing Air artesian ® ❑ NO PUMP TESTSOTHER THAN 8. CASINGILINER: 'Ifflumn Was drive shoe used? ® Y ❑ N Shoe Depth(S) 54 ft bgl (driven into clay) 9. PERFORATIONSISCREENS: Perforations ❑ Y © N Method NIA Manufactured screen 0 Y ❑ N Type Factory-siotted SCH80 PVC Method of installation Lowered and tagged Into proper depth From (ft) Tc (ft) Slot size Nurber/ft i rnietfriaMaterial Gauge or Schedule Length of Headpipe N/A Length of Tailpipe NIA _ Packer ❑ Y X❑ N Type N/A 10. FILTER PACK: Filter Material I From ft To 0 lbs or it Placement method 11. FLOWING ARTESIAN: Flowing Artesian? ❑ Y ® N Artesian Pressure (PSIG) SEE TABLE PAGE 4 _ Describe Control device Lockable fabricated steel enclosure 12. STATIC WATER LEVEL and WELL TESTS: Depth first water encountered (ft) 6 feet bgl Static water level (fl) TABLE PAGE 4 Water temp. (°F) TABLE PAGE 4 Bottom hole temp. (°F) 85.26'F at 1,316 ft b 1 Describe access port Six 2" tube wells in a locked steel well head enclosure Well test: Test method: Drawdown (feet) Discharge or yield Test duration minutes Pump Bailer %❑ ❑ Flowing Air artesian ® ❑ NO PUMP TESTSOTHER THAN AIR -LIFTING AND PUMPED WATER SAMPLES FROM EACH ZONE Water Quality test or comfnent5: _TABLE PAGE 4 13. LITHOLOGIC LOG andlor repairs or abandonment: Bare Dia. From in fl To Remarks, lithology or description of repairs or Water ft abandonment, water temp. Y N ARTESIAN PRESSURES feet of head above completion interval Zone #1 =1,115 feet of water head - 483 PSI Zone #2 = 689 feet of water head = 298 PSI ZOne #3 = 488 feet of water head= 211 PSI _ Zone #4 = 286 feet of water head =124 PSI Zone #S = 183 feet of water head= 79 PSI Zone #6 = 78 feet of water head - 34 PSI WATER LEVELS AND CHEMISTRY Zn, 1 11.2061 1,276 w.1, = 44.9'; T = 99.9 °F; PH = 8.53; coed.=310 us Zn. 2 759 869W.1, = 48.5% T = 99.9 °F; pH = 8.59; Gond.=320 us Zn. 3 577 697 w.l. = 48.2'; T = 99.9 °F; pH = 8.54; cand =328 US Zn. 4 352 407 w.l. - 49.0'; T = 99.9 °F; pH = 8.12; cond.=640 us Zn. 5 252 312 w.l. - 49.0'; T = 99.9 IF; pH = 8.10; cond.=637 us Zn. 6 147 167 w.l. - 48.81; T = 99.9 °F; pH = 7.93; coed=585 US WELL DESIGN BY: HYDROLOGIC, INC. -Boise, Idaho HEZiVURGES C2qeked De th Measurable 1,276 feet below ground Date: Started November 3, 2008 Completed December 10, 2008 14. DRILLER'S CERTIFICATION INJe certify that all minimum well construction standards were complied with at the time the rig was removed. Company Name Treasure Valley Drilling Co. No. 560 *Principal Driller � `7 f — Date_ - *Driller Date 'Operator II Date Operator I Date ' Signature of Principal Driller and rig operator are required. Form provided by Fomrs On•A-0tsk • (214) 3409429 • www,FomisOnAD[sk.com Form 238-7 6/07 IDAHO DEPARTMENT OF WATER RESOURCES WELL DRILLER'S REPORT 1. WELL TAG NO. D 0069059 Drilling Permit No. 968927-874984 Water right or injection well # 2. OWNER: Name City of Meridian Page 1 of 6 Address 33 E. Broadway Ave. city Meridian State ID Zip 83642 3.WELL LOCATION: Twp. 3 North El or South ❑ Rge. 1 East® or West ❑ Sec. 30 NW 114 NW 114 SE 114 '�S ewes Gov't Lot County Ada Lat 43 o 34.0975 (Deg. and Decimal minutes) Long. 116 o22.941 (Deg, and Decimal minutes) Address of Well Site New Sub E. Radiant & N. Shimmering Way City Meridian e:e 0 fentnome o ma + a— W Ro� er w m Lot. Blk. Sub. Name Reflection Ridge No. 3 4. USE: ❑ Domestic ❑ Municipal ® Monitor ❑ Irrigation ❑ Thermal ❑ Injection ❑x other Piezometer Nest 5. TYPE OF WORK: ® New well ❑ Replacement well ❑ Modify ebsting well ❑ Abandonment ❑ Other 6. DRILL METHOD: ❑ Air Rotary ® Mud Rotary ❑ Cable ❑ Other 7. SEALING PROCEDURES: Seat material From ftTo(tti lQuantity(lbsorft)lPlacement method/procedure SEE PAGE 5 R. CARING/1 INFR- Diameter From (it) To (it) Gauge/ Material nominal Schedule 2" +4' 55' Sch80 PVC- Z13 2" +4' 150' Sch80 PVC - Z12 2" +4' 185' Sch80 PVC - Z11 2" +4' 262" Sch80 PVC -Z10 Was drive shoe used? ❑ Y ❑ N Shoe Depth(s) 9. PERFORATIONSISCREENS. Perforations ❑ Y ❑ N Method Manufactured screen Q Y ❑ N Type PVC Method of installation .^,asing Liner Threaded Welded ❑ 1@ ® ❑ ❑ ® ID ❑ ❑ R ® ❑ ❑ D ® ❑ From (ft) To (ft) Slot size NumberHt D ameternominal Material Gauge or Schedule 55' 75' .020 - 2" PVC Sch 80 - Z13 150' 165' .020 - 2" PVC Sch 80 - Z12 185' 235' .020 - 2" PVC Sch 80 - Z11 Length of Headpipe Length of Tailpipe Packer ❑ Y ❑ N Type 10.FILTER PACK: Filter Material From (ft) To (ft) Quantity(lbs or h') Placement method SEE PAGE 6 11. FLOWING ARTESIAN: Flowing Artesian? ❑ Y ❑ N Artesian Pressure (PSIG) Describe control device 12. STATIC WATER LEVEL and WELL TESTS: Depth first water encountered (ft) Mud Drill Static water level (ft) Water temp. (OF) See Page 6 Bottom hole temp. (OF) _ Describe access port Well test: Test method: Discharge or Test duration Drawdown (feet) yield a_pm(minutes)Pump Balser ❑ ❑ ❑ ❑ Water quality test or comments: 43 I ITurnl nr:lrr I nra nnelrnr rannirc nr ahanrinnmant, Air Flowing artesian E] ❑ ❑ ❑ Bore Dia. (in) From (R) To (R) Remarks, lithology or description of repairs or water abandonment, water temp. Y N 24" 0 2' Top Soil & Clay 24" 2' 4' Gravel 24" 4' 8' Clay 18" 8' 38' Gravel 18" 38' 44' Tan Sand 12" 44' 51' Tan Clay 12" 51' 53' Fine Tan Sand 12" 53' 55' Tan Clay 12" 55' 71' Sand with Clay Strips 12" 71' 78' Coarse Sand 12" 78' 82' Sand with some Gravel 12" 82' 94' Clay with some Gravel 12" 94' 96' Fine Sand 12" 96' 101' Clay 12" 101' 107' Fine Sand 12" 107' 118' Clay 12" 118' 121' Sandy Clay 12" 1 121' 131' Clay 12" 131' 135' Sand 12" 135' 144' Clay 12" 144' 171' Fine Sand 12" 171' 173' Clay 12" 173' 175' Sand 12" 175' 181' Clay 12" 181' 216' Sand 12" 216' 217' Clay 12" 217' 252' Sand 12" 252' 254' Clay 12" 254' 256' Sand 12" 256' 272' Sandy Clay 12" 272' 284' Sand (continued on Page 2) Completed Depth (Measurable): Date Stand: 8/10/2015 Date Completed: 9/16/2015 14, DRILLERS CERTIFICATION: IMle certify that all minimum well construction standards were complied with at the time the rig was removed. Company;Name Post Drilling Inc. co. No. 670 `Principal'', Driller Date 12/112015 *Driller r *Operator II Operator I _ Date Date 12/1/2015 Date * Signature of Principal Driller and rig operator are required. Form 238-7 'V07 IDAHO DEPARTMENT OF WATER RESOURCES WELL DRILLER'S REPORT 1. WELL TAG NO. D 0069059 Drilling Permit No. 968927-874984 Water right or injection well # 2. OWNER: Name City of Meridian Page 2 of 6 Address 33 E. Broadway Ave. city Meridian State ID zip 83642 3.WELL LOCATION: Twp. 3 North ❑x or South ❑ Rge. 1 East[g] or West ❑ Sec. 30 NW 114 NW 114 SE 114 '—dins 0.— aces Gov't Lot County Ada Lat. 43 a 34.0975 (Deg. and Decimal minutes) Long. 116 o22.941 (Deg. and Decimal minutes) Address of Well Site New Sub (E. Radiant & N. Shimmering Way city Meridian ve all—t all—tname or road +-.a— o a ma or an Lot elk. ' Sub. Name Reflection Ridge No. 3 4. USE: ❑ Domestic ❑ Municipal d Monitor ❑ Irrigation ❑ Thermal ❑ injection ❑x other Piezometer Nest 5. TYPE OF WORK: d New well ❑ Replacement well ❑ Modify existing well ❑ Abandonment ❑ Other 6. DRILL METHOD: ❑ Air Rotary EI Mud Rotary ❑ Cable ❑ Other 7. SEALING PROCEDURES: Seal material From it To ft Quandt Ibs or it Placement method/procedure SEE PAGE 5 A r`e Cinrr_n IhIFR, Diameter From (ft) To (ft) Gauge! Material nominal Schedule 2" +4' 287' Sch80 PVC -Z 9 2" +4' 320' Sch80 PVC -Z 8 2" +4' 358' Sch80 PVC -Z 7 2" +4' 385' Sch80 PVC -Z6 Was drive shoe used? ❑ Y d N Shoe Depth(s) 9. PERFORATIONS/SCREENS: Perforations ❑ Y ❑ N Method Manufactured screen EI Y ❑ N Type PUC Method of installation :acing Liner Threaded Welded ❑ 21 d ❑ ❑ d d ❑ ❑ d d ❑ ❑ X❑ ® ❑ From (ft) To (ft) Slot size nomin Numbedit D(ameWSch80-Z 12 Gauge or Schedule 262' 272' .020 - 2"Sch 305' 80 - Z 10 287' 297' .020 - 2"Sch 12" 80 - Z 9 320' 340' .020 - 2" 326' 8 Length of Headpipe Length of Tailpipe Packer ❑ Y ❑ N Type 10.17ILTER PACK: Filter Material From (ft) To (it) Quantity (lbs or ft) Placement method SEE PAGE 6 11. FLOWING ARTESIAN: Flowing Artesian? ❑ Y d N Artesian Pressure (PSIG) Describe control device 12. STATIC WATER LEVEL and WELL TESTS: Depth first water encountered (ft) Mud Drill Static water level (ft) Water temp. (OF) See Page 6 Bottom hole temp. (OF) _ Describe access port Cap Well test: Test method: Drawdown (feet) Discharge or Test duration Pump Bailer yield m minutes ❑ ❑ Water quality test or comments: 41 1 [runt nr-'f . 1 ('1r: an 111— rnnairc nr ahanti--nt- Air Flowing artesian ■ ■, 11111100701 Bore Dia. (in) From (ft) To 00 Remarks, lithology or description of repairs or Water abandonment, water temp. y N 12 284' 287' Brown Clay 12" 287' 305' Sand 12" 305' 308' Clay 12" 308' 322' Sand 12" 322' 326' Sand with Gravel 12" 326' 343' Sand 12" 343' 344' Gravel & Sand 12" 344' 351' Sand 12" 351' 355' Clay 12" 355' 362' Sand & Gravel 12" 362' 370' Sand with some Gravel 12" 370' 384' Clay 12" 384' 388' Sand 12" 388' 393' Clay 12" 393' 401' Sand 12" 401' 404' Clay 12" 404' 405' Fine Gravel 12" 405' 406' Clay 12" 406' 411' Sand & Gravel 12" 411' 418' Sandy Clay 12" 418' 421' Gravel & Sand 12" 421' 428' Sand & Gravel 12" 428' 431' Clay 12" 431' 1 437' Sand & Gravel 12" 437' 442' Clay 12" 442' 445' Coarse Sand with Grave 12" 445' 452' Blue Clay 12" 452' 455' Sand 12" 455' 459' Blue Fine Sandy Clay 12" 459' 461' Sand 12" 461' 465' 1 Blue Clay with Sand Strips (Continued on Page 3) Completed Depth (Measurable): Date started: 8/10/2015 Date Completed: 9/16/2015 14. DRILLER'S CERTIFICATION: INVe certify that all minimum well construction standards were complied with at the time the rig was removed. Company Name Post Drilling Inc. Co No 670 *Principal Driller `Driller *Operator Il _ Operator I Date 12/1/2015 Date Date 12/1/2015 Date * Signature of Principal Driller and rig operator are required. Form 238-7 6/07 IDAHO DEPARTMENT OF WATER WELL DRILLER'S REPORT 1. WELL TAG NO. D 0069059 Drilling Permit No. 968927-874984 Water right or injection well # 2. OWNER: Name City of Meridian Page 3 of 6 Address 33 E. Broadway Ave. city Meridian State ID Zip 83642 3.WELL LOCATION: Twp. 3 North EI or South ❑ Rge. 1 East El or West ❑ Sec. 30 NT-- ova S_ �1ra Gov't Lot County Ada Lat 43 0 34.0975 (Deg. and Decimal minutes) Long. 116 o22.941 (Deg. and Decimal minutes) Address of Well Site New Sub (E. Radiant & N. Shimmering Way city Meridian a eas nsmeo roa . ce o 0 or m Lot. Blk. Sub. Name Reflection Ridge No. 3 4. USE: ❑ Domestic ❑ Municipal ® Monitor ❑ Irrigation ❑ Thermal ❑ Injection ® other Piezometer Nest 5. TYPE OF WORK: ElNew well ❑ Replacement well ❑ Modify eAsting well ❑ Abandonment ❑ Other 6. DRILL METHOD: ❑ Air Rotary ® Mud Rotary ❑ Cable ❑ Other 7. SEALING PROCEDURES: Seal material From it To rt Q anfity lbs or WJ Placement method/procedure SEE PAGE 5 n rnctstr_n InrGra. Diameter nominal From (ft) To (a) Gauge( Material Schedule 2" +4' 475' Sch80 PVC - Z 5 2" +4' 535' Sch80 PVC - Z 4 2" +4' 615' Sch80 PVC - Z 3 2" +4' 680' Sch80 PVC -i2 Was drive shoe used? ❑ Y ® N Shoe Depth(s) 9. PERFORATIONS/SCREENS: Perforations ❑ Y ® N Method Manufactured screen ❑x Y ❑ N Type PVC Method of installation ]asing Liner Threaded Welded ❑ ® ® ❑ ❑ ® ® ❑ ❑ ® ® ❑ ❑ 121 ® ❑ From (ft) To (ft) Slot size Numbedit Diameter nominal Material Gauge or Schedule 358' 368' .020 - 2" PVC SCh 80 - Z 7 385' 435' .020 - 2" PVC Sch 80 - Z 6 475' 505' .020 - 2" PVC Sch 80 - Z 5 Length of Headpipe Length of Tailpipe Packer ❑ Y ❑x N Type 10.FILTER PACK: Filter Material From (ft) To (ft) Quantity (lbs or re) Placement method SEE PAGE 6 11. FLOWING ARTESIAN: Flowing Artesian? ❑ Y ❑x N Artesian Pressure (PSIG) Describe control device 12, STATIC WATER LEVEL and WELL TESTS: Depth first water encountered (ft) Mud Drill Staticwaterlevel (ft) Water temp. (OF) See Page 6 Bottom hole temp. (OF) Describe access port Well test: Test method: Discharge or Testduration Drawdown (feet) yield m minutes Pump Bailer ❑ ❑ ❑ ❑ Water quality test or comments: 4Q r ITUCII nr_rr• I nn onrirnr rnnnim nr nhnneinnmant- Air Flowing artesian ■ Bore (in)(n) (in} From To (n) Remarks, lithology or description of repairs or Water abandonment, water temp. y N 12 465' 469' Blue Clay 12" 469' 473' Gravel 12" 473' 474' Blue Clay 12" 474' 478' Gravel 12" 478' 479' Clay 12" 479' 488' Gravel with Sand 12" 488' 496' Clay 12" 496' 507' Gravel 12" 507' 516' Sand with some Gravel 12" 516' 521' Clay 526' Sand & Gravel 526' 531' Clay with some Wood V12521' 531' 533' Gravel with Wood Chunks 533' 542' Clay 542' 556' Silty Clay with Very Fine Sand 556' 1 561' Sandy Clay 12" 561' 578' Clay with Silty Sandstrips 12" 578' 580' 1 Sand with Wood Chunks 12" 580' 602' Clay with Wood Chips 12" 602' 606' Sandy Clay 12" 606' 612' Clay 12" 612' 626' Sandy Clay 12" 626' 638' Sand 12" 638' 642' Clay 12" 642' 652' Sand 12" 652' 667' Clay 668' Sand 668' 677' Clay r12"667' 677' 682' Sand 682' 686' Sandy Clay 686' 741' Sand (Continued on Page 4) Completed Depth (Measurable): Date Started: 8/10/2015 Date Completed: 9/16/201S 14. DRILLER'S CERTIFICATION: IANo certify that all minimum well construction standards were complied with at the time the rig was removed. f`mmnanv Nama. Post Drilling Inc. Co. No. 670 *Principal Driller 'Driller *Operator 11 Operator I Date 12/1/2015 Date Date 12/1/2015 Date * Signature of Principal Driller and rig operator are required. Form 238-7 6/07 IDAHO DEPARTMENT OF WATER RESOURCES WELL DRILLER'S REPORT 1. WELL TAG NO. D 0069059 Drilling Permit No. 968927-874984 Water right or injection well # 2. OWNER: Name City of Meridian Page 4 of 6 Address 33 E. Broadway Ave. city Meridian State ID Zip 83642 3.WELL LOCATION: Twp. 3 North ® or South ❑ Rge. 1 East® or West ❑ Sec, 30 NW 114 W 1/4 SE 1/4 Gov't Lot County Ada Lat. 43 a 34.0975 (Deg, and Decimal minutes) Long. 116 o22.941 (Deg. and Decimal minutes) Address of Well Site New Sub (E. Radiant & N. Shimmering Way city Meridian Lot ea Bik. Sub. Name Reflection Ridge No. 3 4. USE: ❑ Domestic ❑ Municipal it Monitor ❑ Irrigation ❑ Thermal ❑ Injection El other Piezometer Nest 5. TYPE OF WORK: El New well ❑ Replacement well ❑ Modify existing well ❑ Abandonment ❑ Other 6. DRILL METHOD: ❑ Air Rotary ® Mud Rotary ❑ Cable ❑ Other 7. SEALING PROCEDURES: Seal material From ft To ft Quart Ibsorft Placement mothodl rocedure SEE PAGE 5 it restntrn Mr -P• ) Gage! Diameter From (it) To (flScheudule nominal Material 2" +4' 795' Sch80 PVC - Z 1 12" +2' 44' .375 Steel ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Was drive shoe used? ❑ Y ® N Shoe Depth(s) 9. PERFORATIONSISCREENS: Perforations ❑ Y ® N Method Manufactured screen IJ Y ❑ N Type PVC Method of installation 'asing Liner Threaded Welded ❑ ® ® ❑ P9 ❑ ❑ 121 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ From (ft) To (ft) Slot size Numberfft Diameter nominal Material Gauge or Schedule 535' 550' .020 - 2" PVC Sch 80 - Z4 615' 635' .020 - 2" PVC Sch 80 - Z3 680' 720' .020 - 2" PVC Sch 80 - Z2 Length of Headpipe Length of Tailpipe Packer ❑ Y ® N Type no packer assemblies 10.FILTER PACK: Filler Material From (ft) To (it) Quantity (lbs or n') Placement method SEE PAGE 6 11. FLOWING ARTESIAN: Flowing Artesian? ❑ Y ® N Artesian Pressure (PSIG) Describe control device 12. STATIC WATER LEVEL and WELL TESTS: Depth first water encountered (ft) Drill Mud Static water level (ft) Water temp. (OF) See Page 6 Bottom hole temp. (OF) _ Describe access port Well test: Test method: Drawdown (feet) Discharge or Test duration pump Baiter yield (g m) (minutes) ❑ ❑ ❑ ❑ Water quality test or comments: 41 1 lTWr11 Afar 1 rlr: a 11inr rnnairc nr ahanAnnmant- Air Flowing artesian or (in) From (it) To (n) Remarks, tithotogy or description of repairs or Water abandonment, water temp. y N 12" 741' 748' Clay 12" 748' 752' Sand 12" 752' 756' Sandy Clay 12" 756' 774' Clay 12" 774' 778' Sand 12" 778' 781' Clay 12" 781' 783' Sand 12" 783' 787' Clay & Sandstrips 12" 787' 829' Sand 12" 829' 882' Sand with thin Claystrips 12" 882' 900' Clay 8.75" 900' 960' Clay Completed Depth (Measurable): 960 feet below ground Date started: 8/10/2015 Date Com feted: 9/16/2015 14. DRILLER'S CERTIFICATION: I/We certify that all minimum well construction standards were complied with at the time the rig was removed. Company Name Post Drilling Inc_ Co. No. 670 `Principal Driller *Driller "Operator II _ Operator I T Date 12/1/2015 Date Date 12/1/2015 Date * Signature of Principal Driller and rig operator are required, Form 238-7 6/0 .AHO DEPARTMENT WELL DRILLER'S -#- 1, WELL TAG NO. D 0069059 Drilling Permit No. 968927-874984 Water right or injection well # 2. OWNER: Name City of Meridian Page 5 of 6 Address 33 E. Broadway Ave. City Meridian State ID Zip 83642 3.WELL LOCATION: Twp. 3 North ® or South ❑ Rge. 1 East[9 or West ❑ Sec. 30 NW 114 NW 114 SE 114 'mss "- ZT--1. -T6 Gov't Lot County Ada Lat. 43 a 34,0975 (Deg, and Decimal minutes) Long. 116 o22.941 (Deg, and Decimal minutes) Address of Well Site New Sub E. Radiant & N. Shimmering Way city Meridian a a J—t name 0 roa . :a . o R -d w L.—k) Lot. Blk. Sub. Name Reflection Ridge No. 3 4. USE: ❑ Domestic ,❑ Municipal ® Monitor ❑ Irrigation ❑ Thermal ❑ Injection ® other Piezometer Nest 6, TYPE OF WORK: El Newwell ❑ Replacement well ❑ Modify existing welt ❑ Abandonment ❑ Other 6. DRILL METHOD: ❑ Air Rotary ® Mud Rotary ❑ Cable ❑ Other 7. SEALING PROCEDURES: Seal material From R To(ft) Quantic lbs or R Placement method/procedure SEE ILITHOLOGIC LOG: 8. CASING/LINER: Diameter From (ft) To (R) Gauge/ Material nominal Schedule Was drive shoe used? ❑ Y 121 N Shoe Depth(s) 9. PERFORATIONS/SCREENS: Perforations ❑ Y E) N Method Manufactured screen ❑x Y ❑ N Type PVC Method of installation Casing Liner Threaded Welded ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ From (ft) To (R) Slot size Number/11 Diameter nominal Material Gauge or Schedule 795' 870' .020 - 2" PVC SCh 80-Z 1 Drawdown (feet) Discharge or Test duration yield (gpm) (minutes) pump Bailer Air rowing aneslan 0.6 yds ❑ ❑ ❑ ❑ Bentonite Grout ❑ ❑ ❑ ❑ Water quality test or comments: Length of Headpipe Length of Tailpipe Packer ❑ Y El N Type no packer assemblies 10.FILTER PACK: Filter Materiel From (R) To (ft) Quantity (lbs orft) Placement method SEE PAGE 6 11. FLOWING ARTESIAN: Flowing Artesian? ❑ Y ❑x N Artesian Pressure (PSIG) Describe control device 12. STATIC WATER LEVEL and WELL TESTS: (H) Depth first water encountered (ft) Mud Drill Static water level (ft) the time the rig was removed. Water temp. (OF) See Pg 6 Bottom hole temp. (OF) SEALING PROCEDURES: Describe access port *Principal Driller Well test: Test method: *Driller Drawdown (feet) Discharge or Test duration yield (gpm) (minutes) pump Bailer Air rowing aneslan 0.6 yds ❑ ❑ ❑ ❑ Bentonite Grout ❑ ❑ ❑ ❑ Water quality test or comments: Bentonite Grout 9Z I ITunt OM(' I r): and/nr ronnirc nr ahanrinnmont- 245' Bore promTo Dla. (in) (a) (H) Remarks, lithology or description of repairs or water abandonment, water temp. y N the time the rig was removed. SEALING PROCEDURES: Co No 670 *Principal Driller Date 12/1/2015 *Driller 0 49' Bentonite Grout 0.6 yds 82' 145' Bentonite Grout 0.625 yds 170' 184' Bentonite Grout .15 yds 245' 259' Bentonite Grout .15 yds 274' 285' Bentonite Grout .14 yds 300' 314' Bentonite Grout .225 yds 345' 355' Bentonite Grout .15 yds 372' 380' Bentonite Grout .15 yds 441' 468' Bentonite Grout .45 yds 510' 528' Bentonite Grout .3 yds 556' 607' Bentonite Grout .9 yds 540' 675' Bentonite Grout .75 yds 725' 778' Bentonite Grout 1.35 yds 882' 900' Bentonite Grout .6 yds 900' 960' Pea Gravel Backfill 1 yd Surface Seal from 12" Casing to 18" Bore Hole 0 44' Cement Grout 1.65 yds 0 60' Bentonite Chips .225 yds Completed Depth (Measurable): 960 feet below ground Date Started: 8/10/2015 Date Completed: 9/16/2015 14. DRILLER'S CERTIFICATION: I/We certify that all minimum well construction standards were complied with at the time the rig was removed. Company Name Post Drilling Inc. Co No 670 *Principal Driller Date 12/1/2015 *Driller Date *Operator ii Date 12/1/2015 Operator I Date * Signature of Principal Driller and rig operator are required Form 238-7 6107 IDAHO DEPARTMENT OF WATER RESOURCES WELL DRILLER'S REPORT 1. WELL TAG NO. D 0069059 Drilling Permit No. 968927-874984 Water right or injection well # 2. OWNER: Name City of Meridian Page 6 of 6 Address 33 E. Broadway Ave. city Meridian State ID Zip 83642 3.WELL LOCATION: Twp. 3 NorthMx or South ❑ Rge. 1 East[D or West ❑ Sec. 30 NW 1/4 NW 1/4 SE 1/4 `r xses Maes Gov't Lot County Ada Lat. 43 a 34.0975 (Deg. and Decimal minutes) Long. 116 a 22.941 (Deg. and Decimal minutes) Address of Well Site New Sub E. Radiant & N. Shimmering Way -_ city Meridian cameo, roa . Lot Bilk. Sub. a Sub. Name Reflection Ridge No. 3 4. USE: ❑ Domestic ❑ Municipal ® Monitor ❑ Irrigation ❑ Thermal ❑ Injection ❑x Other, Piezometer Nest 5, TYPE OF WORK: I] New well ❑ Replacement well ❑ Modify existing well ❑ Abandonment ❑ Other 6. DRILL METHOD: ❑ Air Rotary ® Mud Rotary ❑ Cable ❑ Other 7. SEALING PROCEDURES: Seal materiel From fi To ftQuantic lbs orft Placement method! rocedure it raSlNrn iNl✓R• Diameter From (ft) To (ft) Gauge! Material nominal Schedule Casing Liner Threaded Welded ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Was drive shoe used? ❑ Y t] N Shoe Depth(s) 9. PERFORATIONSISCREENS: Perforations ❑ Y Ell N Method Manufactured screen ❑x Y ❑ N Type PVC Method of installation From (n) To (ft) Slot size Numberlft Diameter Material Gauge or Schedule nominal Length of Headpipe Length of Tailpipe Packer ❑ Y x❑ N Type no packer assemblies 10.FILTER PACK: Filter Material From (it) To (ft) Quantity (IDs or ft) Placement method SEE TABLE AT RIGHT 11. FLOWING ARTESIAN: Flowing Artesian? ❑ Y ® N Artesian Pressure (PSIG) Describe control device 12. STATIC WATER LEVEL and WELL TESTS: Depth first water encountered (ft) Mud drill Static water level (ft) Water temp. (OF) Table Below Bottom hole temp. (OF) Describe access port Well test: Test method: Drawdown (feet) Discharge or Test duration pump Bailer iew (Qpm) minutes No Pump ests other han Air -lifted ® ❑ & pumped wate r samples from leach zone ❑ ❑ Water quality test or comments: 41 1 ITI-Int nrar 1 nr; nnrlinr ranairc nr ahandnnmant, Air Flowing artesian 0 ❑ ❑ ❑ Bore Dna. (in) From (ft) To Remarks, Iithology or description of repairs or Water (it) abandonment, water temp. Y N Filter Pack: Z 1 778' 882' 8x16 Sand Fltr Pck 2yds Poured Z 2 675' 725' 8x16 Sand Fitr Pck 1.35yds Poured Z 3 607' 640' 8x16 Sand Fltr Pck .825yds Poured Z 4 528' 556' 8x16 Sand Fltr Pck Ayds Poured Z 5 468' 510' 8x16 Sand Fltr Pck .8yds Poured Z 6 380' 441' 8x16 Sand Fltr Pck 1.05yds Poured Z 7 355' 372' 8x16 Sand Fitr Pck .375yds Poured Z 8 314' 345' 8x16 Sand Fitr Pck .525yds Poured Z 9 285' 300' 8x16 Sand Fltr Pck .225yds Poured Z10 259' 274' 8x16 Sand Flter Pck .15yds Poured Z 11 184' 245' 8x16 Sand Fltr Pck .775yds Poured Z 12 145' 170' 8x16 Sand Fitr Pck .3yds Poured Z 13 49' 82' 8x16 Sand Fltr Pck .625yds Poured Temperature and Field pH Zone Temp 1 66.67 OF 9.34 pH Slight Odor Gas Absent 2 65.64 OF 9.01 pH Moderate Odor Gas Absent 3 64.80 OF 9.32 pH Moderate Odor Gas Absent 4 63.03 OF 10.55 pH Moderat Odor Gas Absen 5 62.01 OF 8.31 pH Slight Odor Gas Absent 6 159.94 OF 8.96 pH Absent Odor Gas Absent 7 59.07 OF 8.99 pH Absent Odor Gas Absent 8 58.89 OF 9.39 pH Absent Odor Gas Absent 9 57.00 OF 7.87 pH Absent Odor Gas Absent 10 56.80 OF 7.84 pH Absent Odor Gas Absen 11 56.57 OF 7.84 pH Absent Odor Gas Absent 12 156.66 OF 17.67 pH Absent Odor Gas Moderat 13 158.10 OF 110.92 pH Absent Odor Gas Absent Completed Depth (Measurable): 960 feet below ground Date started: 8/10/2015 Date completed: 9/16/2015 14. DRILLER'S CERTIFICATION: IMIe certify that all minimum well construction standards were complied with at the time the rig was removed. Company Name Post Drilling Inc. co_ No. 670 *Principal Driller *Driller *Operator II Operator I Date 12/1/2015 Date Date 12/1/2015 Date * Signature of Principal Driller and rig operator are required. Well 32 Vicinity Map. There are three well logs provided from the Meridian Heights subdivision area. Three logs from nearby City wells are also provided. I MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 OCOPYRIGHT 2016 CH2M HILL Approximate Well Site Location Approximate Location of the Well 32 Site. Red line highlights a ditch that is available, as needed (with permission from the Owner), for discharging development and purge water. 0 a MERIDIAN MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 ©COPYRIGHT 2016 CH2M HILL 7 E' T r - Well Lot �v 4 , V; 'r'is Pd. ff.`s �: ary Nty t4 i a��wtrij !,#, Ic,+�e=its tts� r Approximate Location of the Well 32 Lot. M I MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 ©COPYRIGHT 2016 CH2M HILL 7-1 m w Q a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 ©COPYRIGHT 2016 CH2M HILL Approximate Well Lot Location 4 'gyp*- y E t_ v { .i t - v { t Approximate Location of the Well 32 Lot. 7-1 m w Q a MERIDIAN MONITORING WELL 32 671927 FEBRUARY 29, 2016 ©COPYRIGHT 2016 CH2M HILL THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. LUN I RACTOR (Name and Address): Post Drilling, Inc. P.O. Box 588 Weiser, ID 83675 OWNER (Name and Address): City of Meridian 33 E. Broadway Avenue Ste. 106 Meridian, ID 83642 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 CONSTRUCTION CONTRACT Date: April 14, 2016 Amount: $228,750.00 Description (Name and Location): Well 32 Test Well - Construction BOND Date (Not earlier than Construction Contract Date): Amount: $228,750.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Post Driiling, Inc, f Signature.- Name ignature: Name and Title: 0 V ( — �i-1E y `OLA06 VQ -,E PP-C-s,nENT (Any additional signatures appear on page 3) April 14, 2016 X None ❑ See Page 3 SURETY Company: Corporat eal) North America Spe salty I u anc C p y, Signature: Name and Title: Terry/t.. obb Attorney -In -Fact (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Post Insurance P.O. Box 8447 Boise, ID 83707 Dean Stacey, Project Manager AIA UUUUMtNT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED, - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING - MARCH 1987 I ne contractor and the 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 to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 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; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract, Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 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 the 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 Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 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, tender payment therefore to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen 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 Subparagraph 4.4, and the Owner refuses the payment tendered 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. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 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. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 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 Paragraph 4; and 6.3 Liquidated damages, or if not liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 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 or successors. 8 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. 9 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 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. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 40 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 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. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 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. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (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: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Bond# 2207184 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Post Drilling, Inc. P.O. Box 588 , Weiser, ID 83675 OWNER (Name and Address): City of Meridian 33 E. Broadway Avenue Ste. 106 Meridian, ID 83642 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 CONSTRUCTION CONTRACT Date: April 14, 2016 Amount: $228,750.00 Description (Name and Location): Well 32 Test Well - Construction BOND Date (Not earlier than Construction Contract Date) Amount: $228,750.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Post Drilling, I"A" n Siyna.ture: _ NaITi6 and Tit e: (Any additional signatures appear on page 6) April 14, 2016 ❑ None X See Page 6 SURETY Company: (Corporate Seal) North American peci Ity Insan a a' Y Signature: Name and Title: Terry S. Robb, Attorney -In -Fact (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Post Insurance P.O. Box 8447 Boise, ID 83707 Dean Stacey, Project Manager AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING • MARCH 1987 i i ne contractor ano the 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. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 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 the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 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 payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 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 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, 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. .2 Have either received a rejection in whole or in 12 Notice to the Surety, the Owner or the Contractor shall part from the Contractor, or not received within be mailed or delivered to the address shown on the 30 days of furnishing the above notice any signature page. Actual receipt of notice by Surety, the communication from the Contractor by which Owner or the Contractor, however accomplished, shall be the Contractor has indicated the claim will be sufficient compliance as of the date received at the address paid directly or indirectly; and shown on the signature page. .3 Not having been paid within the above 30 13 When this Bond has been furnished to comply with a days, have sent a written notice to the Surety statutory or other legal requirement in the location where the (at the address described in Paragraph 12) and sent a co construction was to be performed, any provision in this Bond copy, or notice thereof, to the conflicting with said statutory or legal requirements shall be Owner, stating that a claim is being made deemed deleted herefrom and provisions conforming to under this Bond and enclosing a copy of the such statutory or other legal requirement shall be deemed previous written notice furnished to the incorporated herein. The intent is that this Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 .Bond shall be construed as a statutory bond and not as a in the Construction Contract, architectural and bommon,law bond. engineering services required for performance of the work of the Contractor and the Contractor's 14 Upon request by any person or entity appearing to be a subcontractors, and all other items for which a potential beneficiary of this Bond, the Contractor shall mechanic's lien may be asserted in the jurisdiction promptly furnish a copy of this Bond or shall permit a copy where the labor, materials or equipment were to be made. furnished. 15 DEFINITIONS 15.1 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 Contract. 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision: When the claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, but not more than 120 days, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including but not limited to, lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable time, but not more than 120 days, payor make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge of its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against Surety to enforce any remedy available to it under this Bond. (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: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING - MARCH 1987 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: TERRY S. ROBB, WILLIAM F. POST, and MARY JAQUIER JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 91h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." O���QG\AL7Y��SG���� y •G�PPO%ipT�G,92-��t PoA�/SNS �i SEAL :n= ByGT`cGz Steven P. Anderson, Senior Vice President of Washington International Insurance Company r SEAL 'moi & Senior Vice President of North American Specialty Insurance Company o I n ern w// `rb, ••............0 X10 Michael A. Ito, �� Senior Vice President r t of Wads ington nt�iona nsurmrce ompmry n/Q//�i/ii,oft*�ana & Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 22nd day of September 2015 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 22nd day of September , 20 15, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M KENNY NOTARY PU8LI0, STATE OF ILLINOIS MY COMMISSION EXPIRES 12(0412017 M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect, IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 14 day of April 20 16 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company ACoRo CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 4/14/201616 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(les) 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. 2717 W. Bannock St. RECEIVED CONTANAME: Alyshia Gamble PHONE (208)336-5600 FAX 1.(208)344-0651 A/C No, Ext)__ A/C No E-MAIL a amble@ OSt] tins. COm ADDRESS: g _ P P.O. BOX 8447 Boise ID 83707 APR � 0 2016 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:ACt11t 4-14184 INSURED FINANCEDEPT Post Drilling Inc. Y_ PO Box 588 INSURERB:Idaho State Insurance Fund 36129 -INSURER C: INSURER D: INSURER E: Weiser ID 83672 INSURER F: GERTiFiGAT E NUM13ER:ZUlb-ZU16 REVISION NUMBER 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 SUERPOLICY POLICY NUMBER EFF MM/DD/YYYYI POLICY EXP (MM/DDNYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 250 000 PREMISES (Ea occurrence) $ r A CLAIMS -MADE ❑X OCCUR X CG7194 ; CG7274 ; CG7301 X X97632 7/1/2015 7/1/2016 MED EXP (Any one person) $ 10,000 PERSONAL BADV INJURY $ 1,000,000 GENI AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY ❑ PRO- ❑ LOC JECT PRODUCTS - COMP/OPAGG $ 3,000,000 OTHER: AUTOMOBILE LIABILITY LIMIT $ 1,000,000 Ea aBINEDtSINGLE BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS X AUTOS X X47632 7/1/2015 7/1/2016 — BODILY INJURY (Per accident) $ X HIRED AUTOS X NED AUTOS AUTOS, PROPERTY DAMAGE $ X CA7213;CA7247 X CA7214A Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 X AGGREGATE $ 2,000,000 A X EXCESS LIABJ CLAIMS -MADE DED X RETENTION$ 0 $ X47632 7/1/2015 7/1/2016 WORKERS COMPENSATION_ X �RH AND EMPLOYERS' LIABILITY Y / N STATUTE E.L. EACH ACCIDENT 000 000 $ 1 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N/A B (Mandatory in NH) If yes, describe under 636813 7/4/2015 7/4/2016 E.L. DISEASE - EA EMPLOYE $ 1,000,000 --- E.L. DISEASE - POLICY LIMIT 1 $ 11000,000 DESCRIPTION OF OPERATIONS below i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Well 32 Test Well, Project #10014.D City of Meridian Purchaing Agent 33 E Broadway Ave Meridian, ID 83642 ACORD 25 (2014101) INS025 (201401) 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 a Gamble/AG ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Post Drilling Inc. Policy #X47632 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 Id 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: Post Drilling Inc. Policy #X47632 ADDITIONAL INSURED - COMPLETED OPERATIONS - PRIMARY CG -7274(5-13) 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: 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. Post Drilling Inc. Policy #X47632 ACUITY ENHANCEMENTS - BUSINESS AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Temporary Substitute Vehicle Physical Dam- age The following is added to item C Certain Trail- ers, Mobile Equipment and Temporary Substi- tute Autos under Section I - Covered Autos: If Physical Damage Coverage is provided by this Coverage Form, any auto you do not own while used with permission of its owner as a temporary substitute for a covered auto you own that is out of service because of its break- down, repair, servicing, loss or destruction is a covered auto for Physical Damage Coverage, B. Who Is an Insured The following are added to Who Is an Insured under Section II - Liability Coverage: Newly Acquired Organizations 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 there is no other similar insurance available to that organization. However: a. Coverage under this provision is afford- ed only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. This coverage does not apply to bodily injury or property damage that occurred before you acquired or formed the or- ganization; c. No person or organization is an insured with respect to the conduct of any cur- rent or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Dec- larations. 2. Employees as Insureds Any employee of yours is an insured while using a covered auto you do not own, hire or borrow in your business or your personal affairs. C. Increased Supplementary Payments 1. The limit shown in paragraph A2a(2) of Section II - Liability Coverage is increased to $3,000. 2. The limit shown in paragraph A2a(4) of Section II - Liability Coverage is increased to $300. CA -7247(9-09) D. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II - Liability Coverage does not apply. E. Transportation Expenses The Transportation Expenses Coverage Exten- sion is replaced by the following: We will also pay up to $50 per day to a maxi- mum of $1,500 for temporary transportation ex- pense incurred by you because of the total theft of a covered auto of the private passenger or light truck type. We will pay only for those covered autos for which you carry either Com- prehensive or Specified Causes of Loss Cov- erage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered auto is returned to use or we pay for its loss. F. The following are added to Coverage Exten- sions under Section III - Physical Damage Cov- erage: 1. Accidental Airbag Discharge We will pay to replace an airbag that de- ploys without the car being involved in an accident. This coverage applies only to a covered auto which you own. 2. Loan/Lease Gap Coverage In the event of a total loss to a covered auto of the private passenger or light truck type, we will pay any unpaid amount due on the lease or loan, less: a. The amount paid under the Physical Damage Coverage Section of the poli- cy; and b. Any: (1) Overdue lease/loan payments at the time of the loss; (2) Financial penalties imposed under a lease for excessive use, abnor- mal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Ac- cident or Disability Insurance pur- chased with the loan or lease; and (5) Carry-over balances from previous loans or leases. 3. Hired Auto Physical Damage Coverage If hired autos are covered autos for Liability Coverage, then the Physical Damage Cov- erages provided under this Coverage Form for any auto you own are extended to autos (continued next page) Post Drilling Inc. Policy #X47632 We will not pay, under this coverage, for tions does not apply to loss to audio, either any electronic equipment or acces- visual or data electronic equipment sories used with such electronic equipment caused by fire or lightning. that is: b. If loss to the audio, visual or data elec- a. Necessary for the normal operation of tronic equipment or accessories used the covered auto or the monitoring of with this equipment is the result of a the covered auto's operating system; or loss to the covered auto under this b. Both: Coverage Form's Specified Causes of (1) An integral part of the same unit Loss Coverage, then for each covered housing any sound reproducing auto our obligation to pay for, repair, return or replace damaged or stolen equipment designed solely for the reproduction of sound if the sound y rope propertwill be reduced by a $100 de - reproducing equipment is perma- nently installed in the covered auto; c. If loss occurs solely to the audio, visual and or data electronic equipment or acces- (2) Permanently installed in the open- sories used with this equipment, then for each covered auto our obligation to ing of the dash or console normally used by the manufacturer for the pay for, repair, return or replace damaged or stolen property will be re- duced by a $100 deductible. Limit of Insurance d. In the event that there is more than one With respect to coverage under this cov- applicable deductible, only the highest erage, the Limit of Insurance provision of deductible will apply. In no event will Physical Damage Coverage is replaced by more than one deductible apply. the following: 8. Original Equipment Manufacturer Elec- a. The most we will pay for all loss to tronic Equipment Coverage audio, visual or data electronic equip- In addition to the coverage provided above, ment and any accessories used with this equipment as a result of any one we will also pay, with respect to a covered accident is the lesser of: loss, the actual loss sustained to electronic equipment permanently installed in the loca- (1) The actual cash value of the tion provided for such equipment by the damaged or stolen property as of original manufacturer of the auto but only the time of the loss; with respect to a covered auto. (2) The cost of repairing or replacing Deductible the damaged or stolen property A deductible applies to this coverage. Refer with other property of like kind and to paragraph L Deductible Applicable to quality; or Original Equipment Manufacturer Electronic (3) $1,000. Equipment, Fuel in Vehicle and Miscella- b. An adjustment for depreciation and neous Equipment Used With Covered Ve- physical condition will be made in de- hicle Coverages. termining actual cash value at the time 9. Rental Reimbursement, Business Income of the loss. and Extra Expense Coverage c. If a repair or replacement results in bet- Limits ter than like kind or quality, we will not The most we will pay for all loss for each pay for the amount of the betterment. covered auto involved in any one accident Deductible , for Rental Reimbursement, Business In- a. If loss to the audio, visual or data elec- come and Extra Expense combined is tronic equipment or accessories used $10,000. with this equipment is the result of a Coverage loss to the covered auto under this a. Rental Reimbursement Coverage Coverage Form's Comprehensive or Collision Coverage, then for each cov- (1) We will pay for expenses incurred ered auto our obligation to pay for, re- by you during the period of restora- pair, return or replace damaged or sto- tion for the rental of an auto made len property will be reduced by the ap- necessary because of a covered plicable deductible shown in the Dec- loss to a covered auto used in your larations, Any Comprehensive Cover- business. The loss must be caused age deductible shown in the Declara- by a cause of loss covered under (continued next page) Post Drilling Inc. Policy #X47632 Section III - Physical Damage Coverage para- graph D Deductible is replaced by the follow- ing: 1. For each covered auto, our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declara- tions. Any Comprehensive Coverage de- ductible shown in the Declarations does not apply to loss caused by fire or lightning. 2. For combinations of tractor, truck, semi- trailer or trailers when attached together by coupling devices at the time of loss, one deductible will apply. a. If more than one auto of the combina- tion is damaged or stolen, the largest applicable deductible shown in the Dec- larations will apply. b. If only one auto of the combination is damaged or stolen, the deductible shown in the Declarations for that auto will apply. 3. The deductibles will not apply to loss caused by a collision of a covered auto with any other auto insured by us. 4. If the insured chooses to have a damaged windshield or other glass repaired instead of replaced, no deductible will apply to the loss. H. Knowledge of Claim or Suit The following is added to the Duties in the Event of Accident, Claim, Suit or Loss Con- dition: Knowledge of an accident, claim, suit or loss by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless your partners, executive officers, direc- tors, managers, members or a person who has been designated by them to receive reports of accidents, claims, suits or loss shall have re- ceived such notice from the agent or employee. I. Waiver of Subrogation for Written Contracts The following is added to the Transfer of Rights of Recovery Against Others to Us Condition: We waive any right of recovery we may have against a person or organization because of payments we make for bodily injury or property damage arising out of your use of a covered auto which occurs while under a contract with that person or organization. The waiver applies only to a person or organization with whom you have a written contract or agreement requiring you to waive the right of recovery under this policy. The written contract or agreement must have been executed prior to the accident caus- ing bodily injury or property damage. J. Worldwide Coverage Territory for Hired Autos The following is added to paragraph B7 of Sec- tion IV - Business Auto Conditions: With respect to autos hired for 30 days or less, the coverage territory is extended to include all parts of the world if the insured's responsibility to pay damages is determined in a suit in the United States of America (including its territor- ies and possessions), Puerto Rico or Canada or in a settlement we agree to. K. Mental Anguish Coverage The Definition of bodily injury is amended to include mental anguish. L. Deductible Applicable to Original Equipment Manufacturer Electronic Equipment, Fuel in Vehicle and Miscellaneous Equipment Used With Covered Vehicle Coverages 1. If loss to property covered by these exten- sions is the result of a loss to the covered auto under this Coverage Form's Compre- hensive or Collision Coverage, then for each covered auto our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to loss to property covered by an extension caused by fire or lightning. 2. If loss to property covered by these exten- sions is the result of a loss to the covered auto under this Coverage Form's Specified Causes of Loss Coverage, then for each covered auto our obligation to pay for, re- pair, return or replace damaged or stolen property will be reduced by a $100 deduct- ible. 3. In the event that there is more than one applicable deductible, only the highest de- ductible will apply. In no event will more than one deductible apply. M. Coverage Extensions Definitions 1. "Business income" means the: (continued next page) a. Net income (Net profit or loss before income taxes) that would have been earned or incurred if no loss would have occurred; and b. Continuing normal operating expenses incurred, including payroll. 2. "Extra expense" means those expenses you incur to avoid or minimize the suspension of business and to continue your business op- erations. 3. "Light truck" means a truck with a gross vehicle weight of 10,000 pounds or less. 4. "Miscellaneous equipment" means hand Post Drilling Inc. Policy #X47632 ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN AGREEMENT WITH YOU - PRIMARY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM 1. Who Is an Insured under Section II - Liability Coverage is amended to include any person or or- ganization with whom you have agreed in writing in a contract or agreement that such person or or- ganization be added as an additional insured on your policy. Such persons or organizations are addi- tional insureds only with respect to liability arising CA -7214(10-98) out of operations performed for the additional in- sured by you. 2. The coverage provided by this endorsement will be primary and noncontributory with respect to any other coverage available to the additional insured. 3. The Limits of Insurance applicable to the addi- tional insured are those specified in the written con- tract or agreement or in the Declarations for this Coverage Form, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. 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First Prev Page: 1of1 Ne_x_t, fast; Details - License Number: 013426 Lic In Fees $475.001 Registration #: 013426 Issue: 8/26/2015 Expire: 9/30/2016 Type: PUBLIC WORKS Sub -Type: CC Status: ACTIVE Company: Post Drilling, Inc. Phone: (208) 585-3411 Cell: (208) 550-0175 Pager: Fax: (208) 549-8112 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible No warranties, expressed or implied 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 Waledovmr Sl, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho_PublicWorksSearchRslts.aspx 4/18/2016 rdgu i ul i IDAHO SECRETARY OF S I ATE Viewing Tine Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for POST DRILLING INC. ) [ Monitor POST DRILLING INC business filings ] POST DRULUNG6 C® PO BOX 588 WEISER, ID 83672 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 10 May 2012 Origination/Authorization: Initial Registered Agent: SHERRY YOUNG 1239 INDIANHEAD RD WEISER, ID 83672 Organizational ID / Filing C194649 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 21 Mar 2016 Annual Report Due: May 2017 Original Filing: [.Help Me Print/View TIFF ] Filed 10 May 2012 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 Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho ov https://www.accessidaho.org/public/sos/corp/C194649.html 4/18/2016 Meridian City Council Meeting DATE: Mav 3, 2016 ITEM NUMBER: 11 A PROJECT NUMBER: AZ -14-013 ITEM TITLE: Tribal Fire A. Ordinance No. 1 ( -1 b : An Ordinance (Tribal Fire AZ -14- 013) of the City of Meridian Granting the Annexation and Zoning of 1.44 Acres of Land to the C -G (General Retail and Service) Zoning District in the Meridian City Code. The Property is Located in Lot 1, Block 2, Rolling Hills Subdivision and Part of the Rights -of -Way Adjacent Thereto, Lying in the Southwest 1/4 of the Southeast 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; and Providing an Effective Date. 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 2016-037782 BOISE IDAHO Pgs=5 BONNIE 05104/2016 10:33 AM MERIDIAN CITY NO FEE III 11111111111111111111111111 II 11111111111111111111 00221306201600377820060062 CITY OF MERIDIAN ORDINANCE NO. I (0 ® I (P BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (AZ 14-013 TRIBAL FIRE) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND BEING LOT 1 BLOCK 2, ROLLING HILLS SUBDIVISION, AND PART OF THE RIGHTS -IF -WAY ADJACENT THERETO, LYING IN THE SOUTHWEST 1/4 OF THE SOUTHEAST/40F SECTION 16, 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 RI TO C -G (GENERAL RETAIL AND SERVICE 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 of Meridian, 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: Clarence McLain, Tribal Fire Systems. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RI to C -G (General Retail and Service 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. 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. ANNEXATION — TRIBAL FIRE (AZ 14-013) Page 1 of 3 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 rA day of LA n�j , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this r day of , 2016. MAV deWE ANNEXATION — TRIBAL FIRE (AZ 14-013) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally appe red TAMMY de WEERD and , J A Cq J 0 m S 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 ••' S,*E .� • pTA4' 0••,, 6 OF l��^ esu NOTARY PUBLIC FOR IDAHO RESIDING AT: qik�d Et/e -LP MY COMMISSION EXPIRES:3 `c9,3"Xaa ANNEXATION — TRIBAL FIRE (AZ 14-013) Page 3 of 3 VIII�:i1 YIT� FOX Land Surveys, h7c, 1815 South Shoshone SL A 60160 Idaho A 83705 A 208.342.7957 A 208.342»7437 FAX ANNEXATION DESCRIPTION LOT 1, BLACK 2, ROLLING HILLS SUBDIVISION, ANo PART OF THE RIGHTS -op -WAY ADJACENT THERETO, LYING IN THE SOUTHWE$T % OF THE SOUTHEAST IA OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BoisE MERIDIAN, ADA COUNTY, IDAHO Lot 1, Block 2, Rotting Hills Subdivision and Part of the Rights -of -Way Adjacent thereto, Lying in the Southwest's of the Southeast'/, of Section 16, Ada County, Idaho, more particularly described as follows; A. COMMENCING at the found Brass Cap Monument marking the South Quarter Corner of Section 16, the POINT OF BEGINNING; B. thence along the North-South Center Line of Section 16, also being the westerly boundary of Rolling Hills Subdivision, North 00°05'23" West, a distance of 186.03 feet to a set 518 Inch rebar with plastic cap stamped "FLSI PLS 13934" marking the northwest corner of Lot 1; C. thence along the common boundary of Lots 1 and 2 and the easterly prolongation thereof, South 89012'44" East, a distance of 335.73 feet to its Intersection with the Center Line of Rolling Hills Drive; D. thence along said Center Line, South 00005'24" East, a distance of 186.76 feet to Its intersection with the southerly boundary of Section 6; E. thence along said boundary, North 89°13'28" West, a distance of 335.73 feet to the POINT OF BEGINNING. Containing 62,706 square feet more or less. Any modification of this description shall render it void. Refer to the Attached Exhibit titled, "ANNEXATION EXHIBIT". Fox Land Surveys, Inc. Thomas A, Judge, Project Manager, PLS 13934 END OF DESCRIPTION TAMal W'.1l'RaJIiC'T5\201411446 TRIUAI..YIt11)'Rg11f I SI IXX'SU)I;ti('ItIN1'R)NS11446-ANNIiX•nliSC.IWX Tribal Fire — AZ 14-013 Tribal Fire -- AZ 14-013 I No0'06' M 188.83' --------.........—.,____ , I , I I 1 � i I i �t�i1�r I , i I I 300'0"a'2d"� 186,76' ROLLING HILLS DR. 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 Lot 1, Block 2, Rolling Hills Subdivision, and Part of the Rights-of-way adjacent thereto, lying in the Southwest 1/4 of the Southeast 1/4 of Section 16, Township 3 North, Range I East, Boise, Ada County, Idaho. This parcel contains 62,706 feet 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 , 2016. City of Meridian Mayor and City Council By: Jacy Jones, City Cleric 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. 16 - 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 § 50-901A (3). DATED this day of , 2016. William. L.M. Nary City Attorney ORDINANCE SUMMARY - TRIBAL FIRE (AZ 14-013) Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: TM Creek East B. Ordinance No. ! ko ®l to S7 : An Ordinance (TM Creek East H 2015-0018) of the City of Meridian Granting the Annexation and Zoning of 14.93 Acres of Land to the R-40 (High Density Residential) Zoning District in the Meridian City Code. The Parcel is Located in the Northwest One Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; and Providing an Effective Date. MEETING NOTES F yT' 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 2016-037783 BOISE IDAHO Pgs=5 BONNIE 05/04/2016 10:33 AM MERIDIAN CITY NO FEE 11111111111111111 IN II1111111111111III III 111 00221314201600377830050050 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (AZ MDA H-2015-0018) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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-40 (HIGH 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 of Meridian, 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: SCS Brighton, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-40 (High 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. 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. ANNEXATION — TM CREEK EAST AZ MDA H 2015-0018 Page 1 of 3 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 day of Waq 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN. IDAHO. this _2Lday of , 2016. >�ST MAYOR ERD_ JACY JONES, ANNEXATION — TM CREEK EAST AZ MDA H 2015-0018 Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this 25 day of 0 o , 2016, before me, the undersigned, a Notary Public in and for said State, personally appe red TAMMY de WEERD and JACY JONES, 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. (SEALS ',SARk ' • • . U• •�•., STA TF p OAA&)ULL017:1- NOTARY PUBLIC FOR IDAHO RESIDING AT: M Aiy MY COMMISSION EXPIRES:,3 -W W,9 -a. ANNEXATION — TM CREEK EAST AZ MDA H 2015-0018 Page 3 of 3 EXHIBIT A Legal Description & Exhibit Map for Annexation & Zoning Boundary September 1717.015 Project No. 115055 ? E110 -<i rrak- THrs LAND CROUP, LNC. Exhibit "A" TM CREEK EAST ANNEXATION/ZONING DESCRIPTION A parcel of land located in the Northwest One Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Arta County, Idaho, being mare -particularly described as. follows: Commencing and the Northwest Corner ofSection-14 of said Township 3 North, Range 1 West; Thence South 89'09'27" East, a distance of 1577,99 feet on the Northerly Section tine of'sald Section let to the POINT OF BEGINNING; Thence South 00134'31" West, 9 distance of 704.71 feet; Thence South 89°51'28" West, a distance of 249.02 feet to a point on the north -south 1116 th Section One of the Northwest One Quarter.of said Section 14; 'Thence South 00'34'31" West, a distance of 120,00 feet on said north -south 1/16 th Section tine; Thence North 89'5.V20 East, a distance of 249.02 feet; Thence South 00°34'37." West, a distance of 504.02 feet to a point on the east,west 1/16 th Section One of the Northwest. One Quarterof3aid Section 14; Thence South 89'1:0'2:7" East, a distance of 466,94 feet on the east -West 1/16 tit Section tine of the Northwest One Quarter of said Section 14; Thence North 00°34'31" East, a distance of 1328.61 feet to a point on the Northerly Section line of said Section 14; Thence North 89`09'27" West, a distance of 466,93 feet on the Northerly Section line of said Section 14 to the point of beginning. The above described parcel contains 14.93 acres more or less. PREPARED BY: THE LAND GROUP, INC, James R. Washburn r Site Planning - Landscape Arthltecture •'Civil Ed41neerfng + Golf Course Irri$atfon & Engineering • Graphic be5ign • Surveying 462 E, Share Drive, Suite 100 • Eagla, Idaho $36SG • P 708,939.4047 • twAy.theiandgroupinc.com EXHIBIT'S S,y6 S.11 889'09TPE 1'577,99' SAX ,/ 5.11 --�F-RA-tJK—EIFt ROAD Np8"09'27 W 446.93' 'NORTHWESTC0rZNM F SECTION 14 f MN, R.1W B.fv1. r w ' rAhUtL. I ANNEXATJON/ZONIRG AREA AREA= : 19.95 i 29.00' f � f ra i 40�P- I>S SU9°1.D' n 446.94' f a x78$0 f R. WA 7 mobit ns- uy Yn:i7r7e ' -• 1 sed 1rr �� y�kUlus�r< ktl PB :9- THE JANI� C� UP � �i`�i��' �«��� oi��7oi — Vi l� ffrw� �tiCQiWJtlfli � 1G2t77i'yiaflikb:, S{eU iW 4rwiillc ,.",',i'eV Eayil4kod7tlG ANNE11jjjj''j�¢� [�(g��t(��'yp�`'�%� qq�y�s viaa CYtrciDl.SfFJ16l1'f'uiGG.Q .�CiG /►ATIO111J4Sa�l ING 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 located in the Northwest One Quarter of Section 14, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 14.93 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 , 2016. City of Meridian Mayor and City Council By: Jacy Jones, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 16 - 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 § 50-901A (3). DATED this day of , 2016. William. L.M. Nary City Attorney ORDINANCE SUMMARY - TM CREEK EAST AZ MDA H-215-0018 Meridian City Council Meeting DATE: Mav 3, 2016 ITEM TITLE: Brinegar Prairie ITEM NUMBER: 11 C PROJECT NUMBER: Ordinance No. W -mg: An Ordinance (Brinegar Prairie H-2015-0046) of the City of Meridian for the Annexation and Zoning of 23.46 Acres of Land with an R-8 (Medium Density Residential) Zoning District. Said Property is a Parcel of Land Located in the SW 1/4 of Section 2, Township 3 North, Range 1 West, Meridian, Ada County, Idaho. DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-037784 BOISE IDAHO Pgs=5 BONNIE 05/04/2016 10:33 AM MERIDIAN CITY NO FEE II'III�'lllll'lll'I'�III) II I III 11 I IIIII'I II'I I'll 00221317201600377840050066 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2015-0046) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE SW 1/40F SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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-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 of Meridian, 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: BNinegar Investments, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to 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. 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. ANNEXATION — BRINEGAR PRAIRIE H 2015-0046 Page 1 of 3 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 r day of 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of Old , 2016. Gor AYOI3/I ,&MMY de WEERD 0 // ATTEST: IDAHO SEAT, JACY JONES, ANNEXATION — BRINEGAR PRAMIE H 2015-0046 Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JACY JONES, 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) •'� VJ A Y ••. ti .�j • O V+ 1 � Y • %4 N Irk ojj, �� NOTARY PUBLIC FOR IDAHO RESIDING AT: -T.) MY COMMISSION EXPIRES:3 - a,� -ar9 @4 ANNEXATION — BRINE GAR PRAIRIE H 2015-0046 Page 3 of 3 Pr(1Ject No. 15-256 EXHIBIT A At NF,XATION DESCRIPTION FOR BRINE- GAR PRAHM SUBDIVISION January 7, 2016 A parcel of farad located in the SW 1/4 of Section 2, T.3N., RAW., B.M., meridian, Ada County, Idaho more particularly described as follows: Commencing at the SW corner of said Section 2, from which the W114 corner of said Section 2 bears North 00°18'48" East, 2642.98 feet; thence along the West boundary line of said Section 2 North 00°18'48" Bast, 1322,84 feet to the REAL POINT OF BEGINNING; thence continuing along said West boundary North 00°18'48" East, 769.17 feet to SW comer of Kentfield Manor Subdivision as filed in Book 68 of Plats at Pages 6913 and 6914, records of Ada County, Idaho; thence along said South boundary line South 89°05'53" East, 1,325.68 feet to a point on the West boundary line of Devlin Place Subdivision as filed in Book 77 of Plats at Pages 8078 and 8075, records of Ada County, Idaho; thence along said West boundary line South 00017'24" West, 772.63 feet to the NE corner of Sunburst Subdivision No. 4 as filed in Book 62 of Plats at Pages 6217 and 6218, records of Ada County, Idaho; thence along the North boundary line of sant Sunburst Subdivision No. 4 North 88°56'55" West, 1,326,03 feet to the REAL POINT OF BEGINNING. Containing 23.46 acres, more or less. 7729 ?� I o OF Brinegar Prairie Subdivision H 2015-0046 EXHIBIT B S.3 S.2 1/4 KENTFIELD MANOR SUBDIVISION BLOCK 2 fx fa fa u -- —� - _ —589'05'53"E 1325.68 — i W, CHATEAU OR, I I � I Iw I � ! I z � a I~ M 9 i cel i v, m C-4 r BRINEGAR PRAIRIE SUBDIVISION -0 w 23.46 ACRESco � m v to 0 Ln In Nle m L7 ca ! i M Ti M z ( Ci I > I ! I I I I NBB'56'55"W 1326,03' I \70—Fe-PTi-1-6-ro + 3 t I—Wr jz io i9 REAL POINT BLOCK9 IN Of BEGINNING SUNBURST SUBDIVISION NO. 4 I i A S.3 S.2 SAO S.i1 a� �. N J 75 100 400 200 coo 729 `py 11�110 SCALE: 1 " 200' OFF Y G,G�� ,.n 1. 5.tm�lrr f i 1. 11 iii} 14-Sf.11 A� Y-05] ` nT :DAH(� ANNEXATION EXHIBIT DRAWING FOR ,�2fi e.t'ra7FRsa,.szaT. RRINEGAR PRAIRIE SUBDIVISION R V I Isutrei:� SHE�'i 17p, 3 �OUP, P.C, LOCATED IN UME E I AN', OF ADATE DA SECnO N"f'h'.. P.M,.lz�ti=.fA^*5 5 Brinegar Prairie Subdivision H 2015-0046 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 located in the SW 1/4 of Section 2, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 23.46 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 2016. City of Meridian Mayor and City Council By: Jacy Jones, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 16 - 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 § 50-901A (3). DATED this day of , 2016. William. L.M. Nary City Attorney ORDINANCE SUMMARY - BRINEGAR PRAIRIE SUBDIVISION - H-2015-0046 Meridian City Council Meeting DATE: May 3, 2016 ITEM TITLE: Other Items ITEM NUMBER: PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Mav 3, 2016 ITEM NUMBER: 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 Meridian City Council Meeting DATE: May 3, 2016 ITEM NUMBER: 14 PROJECT NUMBER: ITEM TITLE: Executive Session Executive Session per Idaho State Code 74-206A (1)(a): Considering A Labor Contract Offer Or To Formulate A Counteroffer; 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